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2017-04-24 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 24, 2017 City Hall, Council Chambers Meeting No. 08-17 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 April 10, 2017 City Council Workshop Minutes 2. Approval of the April 10, 2017 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update b. Approval of Proclamation Recognizing 2017 National Public Works Week, May 21-27 2. Council Presentations 3. Approval of Resolution for Commissioner Reappointments 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 Voran Properties Addition Final Plat, Maplewood Alzheimer’s Special Care Center, 1700 Beam Avenue 3. Approval of a Conditional Use Permit Review, CarMax, 1325 Beam Avenue East 4. Approval of Use Agreement of Harvest Park for the 2017 Susan G. Komen Twin Cities 3- Day Event 5. Approval of Resolution in Opposition to Corporate Interference, aka “Preemption” H. PUBLIC HEARINGS 1. 7:00 p.m. Public Hearing to Modify Development Program and Modify TIF District No. 1-13 for Frost English Village, 1957 English Street a. Approval of a Resolution Approving the Modification to the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 1-13 within Municipal Development District No. 1 2. Hillwood-Crestview Area Street Improvements, Project 16-13 a. Assessment Hearing, 7:00 p.m. b. Consider Approval of Resolution Adopting Assessment Roll c. Consider Approval of Resolution Receiving Bids and Awarding Construction Contract 3. Pond-Dorland Area Street Improvements, Project 16-12 a. Assessment Hearing, 7:00 p.m. b. Consider Approval of Resolution Adopting Assessment Roll c. Consider Approval of Resolution Receiving Bids and Awarding Construction Contract I. UNFINISHED BUSINESS 1. Update on Status of Labor Contract Negotiations a. Intent to Close Meeting as Allowed by Minnesota State Statute 13D.03 J. NEW BUSINESS 1. Consider Approval of Purchase Agreement, 1160 Frost Avenue East K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 April 10, 2017 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 P.M. Monday, April 10, 2017 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 5:36 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Absent Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present-Arrived at 5:38 p.m. C. APPROVAL OF AGENDA Councilmember Abrams moved to approve the agenda as submitted. Seconded by Councilmember Smith Ayes – Mayor Slawik, Council Members Abrams and Smith The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Frost English Village TIF Modification Discussion Economic Development Coordinator/Planner Martin introduced the staff report. Mikaela Huot, Vice President with Springsted addressed the council to give the report and answered questions of the council. City Manager Coleman and Finance Director Paulseth answered additional questions of the council. 2. Harvest Community Gardens Recreation Manager Robbins introduced the staff report. Jon Addington with First Evangelical Free Church gave the report on the Harvest Community Gardens. 3. Park Ambassador and Youth Outreach Program Concepts Police Chief Schnell gave the staff report and answered questions of the council. Packet Page Number 1 of 189 E1 April 10, 2017 City Council Workshop Minutes 2 Recreation Manager Robbins gave additional information about the Youth Outreach Program. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 6:49 p.m. Packet Page Number 2 of 189 E2 April 10, 2017 1 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 10, 2017 City Hall, Council Chambers Meeting No. 07-17 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03 p.m. by Mayor Slawik. Mayor Slawik reported that Rose Newpower, a Maplewood resident, turned 102 today and proclaimed today as Rose Newpower Day in Maplewood. Mayor Slawik reported that the police department won the Kid City Joke Swap that took place at the Maplewood Community Center on Saturday, April 1, 2017. Councilmember Smith, Councilmember Xiong and City Manager Coleman gave additional information about the Kid City Event. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda under Appointments and Presentations, Council Presentations: Rush Line Hearing Councilmember Abrams moved to approve the agenda as amended. Seconded by Councilmember Smith Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of March 27, 2017 City Council Workshop Minutes Councilmember Abrams moved to approve the March 27, 2017 City Council Workshop Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. Packet Page Number 3 of 189 E2 April 10, 2017 2 City Council Meeting Minutes 2. Approval of March 27, 2017 City Council Meeting Minutes Councilmember Xiong moved to approve the March 27, 2017 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave the update to the council calendar. Staff was requested to report on public works information related to funding, department growth, and how public works communicates activities such as street sweeping, road repair, etc. at an upcoming City Council Meeting. b. Approval of the 2016 Community Design Review Board Annual Report Commissioner Kempe addressed the council to give the 2016 Community Design Review Board annual report. Councilmember Juenemann moved to approve the 2016 Community Design Review Board Annual Report. Seconded by Councilmember Xiong Ayes – All The motion passed. 2. Council Presentations Rush Line Hearing Mayor Slawik reported that a Rush Line Hearing will be held on Thursday, April 27, 2017 at Our Redeemer Lutheran Church located at 1390 Larpenteur Avenue E. The City of Maplewood will have a presentation on Rush Line at the April 24, 2017 City Council Workshop Meeting. Maplewood Community Center Blood Drive Councilmember Juenemann reported that a blood drive will be held at the Maplewood Community Center on April 20, 2017. G. CONSENT AGENDA Councilmember Juenemann requested agenda item G4 be highlighted. Mayor Slawik requested agenda item G5 be highlighted. Packet Page Number 4 of 189 E2 April 10, 2017 3 City Council Meeting Minutes Councilmember Abrams moved to approve agenda items G1-G5. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Abrams moved to approve the approval of claims. ACCOUNTS PAYABLE $ 485,372.79 Checks # 99406 thru #99450 dated 03/28/2017 $ 345,730.23 Disbursements via debits to checking account dated 03/20/17 thru 03/24/17 $ 415,240.04 Checks #99451 thru #99486 dated 04/04/17 $ 518,542.77 Disbursements via debits to checking account dated 03/27/17 thru 03/31/17 $ 1,764,885.83 Total Accounts Payable PAYROLL $ 516,259.00 Payroll Checks and Direct Deposits dated 03/24/17 $ 1,620.88 Payroll Deduction check # 99102647 thru # 99102650 dated 03/24/17 $ 517,879.88 Total Payroll $ 2,282,765.71 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of MOU between the City of Maplewood and Minnesota Food Association for the Harvest Park Farm Training Program Councilmember Abrams moved to approve the Memorandum of Understanding between the City of Maplewood and Minnesota Food Association for the Harvest Park Farm Training Program and authorize the MOU to be signed by the City Manager. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Approval of Cooperative Agreement with Ramsey County and City of Little Packet Page Number 5 of 189 E2 April 10, 2017 4 City Council Meeting Minutes Canada, Keller Parkway Resurfacing between County Road C and Arcade Street, Project 17-04 Councilmember Abrams moved to approve the cooperative agreement with Ramsey County and City of Little Canada for the resurfacing of Keller Parkway between County Road C and Arcade Street, Project 17-04. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Approval of the April 22, 2017 Spring Clean Up Event Environmental Specialist Swanson gave the staff report and answered questions of the council. Councilmember Abrams moved to approve the 2017 Spring Clean Up Event scheduled for Saturday, April 22 from 8 a.m. to 1 p.m. at Aldrich Arena, 1850 White Bear Avenue. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Approval of Donation of Two Surplus Taser Devices to the Minnesota Humane Society in Lieu of Compensation for Performance of Potentially Dangerous and Dangerous Dog Hearings Police Chief Schnell gave the staff report. Keith Streff, Senior Humane Agent for the Minnesota Animal Humane Society addressed the council to give information about the services they provide. Councilmember Abrams moved to approve the donation of two surplus Taser devices to the Minnesota Animal Humane Society in lieu of compensation for performance of potentially dangerous and dangerous dog hearings. Seconded by Councilmember Juenemann Ayes – All The motion passed. H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS 1. Consider Approval of Resolution Providing for the Issuance and Sale of General Obligation Bonds, Series 2017A Finance Director Paulseth introduced the staff report. Terri Heaton, Senior Vice President with Springsted gave the report on Issuance and Sale of General Obligation Bonds, Series 2017A. Packet Page Number 6 of 189 E2 April 10, 2017 5 City Council Meeting Minutes Councilmember Abrams moved to approve the resolution providing for the Issuance and Sale of $4,075,000 General Obligation Bonds, Series 2017A, Pledging for the Security Thereof Special Assessments and Tax Abatement and Levying a Tax for the Payment Thereof. Resolution 17-04-1445 Resolution Providing for the Issuance and Sale of $3,850,000 General Obligation Bonds, Series 2017A, Pledging for the Security Thereof Special Assessments and Tax Abatements and Levying a Tax for the Payment Thereof A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $3,850,000 General Obligation Bonds, Series 2017A (the "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475 and pursuant to: (i) Chapter 429 to finance various street improvement projects within the City (the "Improvements") (the "Improvement Portion"); and (ii) Chapter 469.1812 through 469.1815, particularly Section 469.1814 (the "Abatement Project") (the "Tax Abatement Portion") to finance public improvements to the Maplewood Community Center building and Nature Center (together, with the Improvements and the Abatement Project, the "Project"); and B. WHEREAS, on March 27, 2017, following duly published notice thereof, the Council held a public hearing on the proposed abatement to finance the Abatement Project and all persons who wished to speak or provide written information relative to the public hearing were afforded an opportunity to do so; and C. WHEREAS, the City has heretofore established a tax abatement program (the "Program") pursuant to the provisions of Minnesota Statutes, Sections 469.1812 through 469.1815, with respect to providing for the abatement of property taxes for a period of ten years on various properties in the City, as described in the Resolution adopted by the City Council on March 16, 2017, approving the Program (the "Abatement Resolution"); and D. WHEREAS, the amount of the property taxes abated are estimated to be at least equal to the principal amount of the Tax Abatement Portion of the Bonds and pursuant to the provisions of the Abatement Resolution, funds are to be expended to provide money to pay for the Abatement Project; and E. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, and have been or will be constructed by the City under contracts which the City has or will let, all pursuant to and in accordance with the applicable provisions of Minnesota Statutes, Chapter 429; and F. 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 G. WHEREAS, the proposals set forth on Attachment A attached hereto were received by the City Manager, 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 Packet Page Number 7 of 189 E2 April 10, 2017 6 City Council Meeting Minutes H. 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 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 $4,035,302.06, 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; Term Bond Option. The Bonds shall be dated May 11, 2017, 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 2019 $265,000 2025 $315,000 2020 $275,000 2026 $325,000 2021 $280,000 2027 $335,000 2022 $285,000 2028 $345,000 2023 $295,000 2030 $315,000 2024 $305,000 2033 $510,000 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. $2,155,000 of the Bonds is allocated to the Improvement Portion issued to finance the Improvements and $1,695,000 of the Bonds is allocated to the Tax Abatement Portion issued to finance the Abatement Project, maturing in each of the years and amounts hereinafter set forth: Year Improvement Portion (Amount) Tax Abatement Portion Amount Total Amount 2019 $115,000 $150,000 $265,000 2020 120,000 155,000 275,000 2021 125,000 155,000 280,000 2022 125,000 160,000 285,000 Packet Page Number 8 of 189 E2 April 10, 2017 7 City Council Meeting Minutes Year Improvement Portion (Amount) Tax Abatement Portion Amount Total Amount 2023 130,000 165,000 295,000 2024 135,000 170,000 305,000 2025 140,000 175,000 315,000 2026 145,000 180,000 325,000 2027 145,000 190,000 335,000 2028 150,000 195,000 345,000 2029 155,000 155,000 2030 160,000 160,000 2031 165,000 165,000 2032 170,000 170,000 2033 175,000 175,000 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 portion 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. If the source of a prepayment is abatements pledged to the Abatement Project, the prepayments shall be allocated to the Tax Abatement 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 Nominee or any Participant with Packet Page Number 9 of 189 E2 April 10, 2017 8 City Council Meeting Minutes 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 hereof, 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. (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 Packet Page Number 10 of 189 E2 April 10, 2017 9 City Council Meeting Minutes 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 (d) 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 Improvement Portion and the Tax Abatement Portion shall provide funds to finance 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. 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. Packet Page Number 11 of 189 E2 April 10, 2017 10 City Council Meeting Minutes 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2018, 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 2019 3.00% 2025 3.00% 2020 3.00% 2026 3.00% 2021 3.00% 2027 3.00% 2022 3.00% 2028 3.00% 2023 3.00% 2030 3.00% 2024 3.00% 2033 3.00% 5. Redemption. All Bonds maturing on February 1, 2027 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2026, 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 thirty days prior to the date fixed for redemption. 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 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 Packet Page Number 12 of 189 E2 April 10, 2017 11 City Council Meeting Minutes to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_______ $_________ GENERAL OBLIGATION BOND, SERIES 2017A Interest Rate Maturity Date Date of Original Issue CUSIP ________% February 1, 20__ May 11, 2017 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, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2018, 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 Packet Page Number 13 of 189 E2 April 10, 2017 12 City Council Meeting Minutes 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. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2027 and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2026, 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 registered holder of the Bonds at least thirty days prior to the date fixed for redemption. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of 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. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $3,850,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, 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 April 10, 2017 (the "Resolution"), for the purpose of providing money to finance various public improvement projects, all within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series Packet Page Number 14 of 189 E2 April 10, 2017 13 City Council Meeting Minutes 2017A 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 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 office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; and that this 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. Packet Page Number 15 of 189 E2 April 10, 2017 14 City Council Meeting Minutes 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 Manager, 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 City Manager ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ___________ as custodian for ______________ (Cust) (Minor) under the _____________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ___________________________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to Packet Page Number 16 of 189 E2 April 10, 2017 15 City Council Meeting Minutes 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 City Manager 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 May 11, 2017. 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 Packet Page Number 17 of 189 E2 April 10, 2017 16 City Council Meeting Minutes 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 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 the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is Packet Page Number 18 of 189 E2 April 10, 2017 17 City Council Meeting Minutes 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 to be designated the "General Obligation Bonds, Series 2017A Fund" (the "Fund") to be administered and maintained by the Finance Officer 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 "Construction Account" and "Debt Service Account", respectively. (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less capitalized interest, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Project, and all costs and expenses of the Project, including the cost of any construction 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 Construction 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 net revenues, tax abatements, special assessments, or taxes herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account allocated to the Improvement Portion of the Bonds, such portion may be transferred by the City Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, or transferred to the Debt Service Account; and provided further than any special assessments credited to the Construction Account allocated to the Improvement Portion of the Bonds, 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; and provided further that if upon completion of the Project Packet Page Number 19 of 189 E2 April 10, 2017 18 City Council Meeting Minutes there shall remain any unexpended balance in the Construction Account, the balance shall be transferred by the Council to the Debt Service Account. (b) Debt Service Account. There shall be maintained two separate subaccounts in the Debt Service Account to be designated the "Improvement Debt Service Subaccount" and the "Abatement 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) Improvement Debt Service Subaccount. To the Improvement Debt Service Subaccount there shall be credited: (A) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Improvement Portion of the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (B) collections of all taxes herein and hereinafter levied for the payment of the Improvement Portion of the Bonds and interest thereon; (C) City funds in the amount of $46,691.67 sufficient to pay interest on the Improvement Portion of the Bonds on or before February 1, 2018; (D) a pro rata share of all funds remaining in the Construction 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. (ii) Abatement Debt Service Subaccount. To the Abatement Improvement Debt Service Subaccount there shall be credited: (A) Tax Abatements in an amount sufficient, to pay the annual principal payments on the Tax Abatement Portion of the Bonds; (B) collections of all taxes hereinafter levied for the payment of the Tax Abatement Portion of the Bonds and interest thereon; (C) a pro rata share of funds in excess of the minimum bid; (D) City funds in the amount of $36,725.00 sufficient to pay interest on the Tax Abatement Portion of the Bonds on or before February 1, 2018; (E) a pro rata share of all funds remaining in the Construction Account after completion of the Abatement Project and payment of the costs thereof; (F) all investment earnings on funds held in the Abatement Debt Service Subaccount; and (G) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Abatement Debt Service Subaccount. The Abatement Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Tax Abatement 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 (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 Packet Page Number 20 of 189 E2 April 10, 2017 19 City Council Meeting Minutes 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 Construction Account, Operation and Maintenance Accounts or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) 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 Relating to the Improvement Portion of the Bonds. (a) Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be 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 each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform, as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or this 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 this 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. The special assessments have heretofore been authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, including both principal and interest, with interest at a rate per annum set forth below: Improvement Designation 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. Packet Page Number 21 of 189 E2 April 10, 2017 20 City Council Meeting Minutes (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: Year of Tax Levy Year of Tax Collection Amount See Attached Schedule The tax levies are such that if collected in full they, together with estimated collections of 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 any of 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 of 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 payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Improvement Debt Service Subaccount when a sufficient balance is available therein. 17. Covenants Relating to the Tax Abatement Portion of the Bonds. (a) Tax Abatements; Use of Tax Abatements. The Council has adopted the Abatement Resolution and has thereby approved the Tax Abatements, including the pledge thereof to the payment of principal on the Tax Abatement Portion of the Bonds. As provided in the Abatement Resolution, the estimated total amount of the Tax Abatements, if received as estimated for the full maximum term thereof, is $1,850,000 and therefore the principal amount of the Tax Abatement Portion of the Bonds does not exceed the maximum projected amount of the Tax Abatements. The Council hereby confirms the Abatement Resolution, which is hereby incorporated as though set forth herein. (b) Tax Levy; Coverage Test. To provide funds for payment of the interest on the Tax Abatement 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 Packet Page Number 22 of 189 E2 April 10, 2017 21 City Council Meeting Minutes 2017-2031 2018-2032 See attached schedule The tax levies are such that if collected in full they, together with estimated collections of Tax Abatements, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Tax Abatement Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Tax Abatement 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 of and interest on the Tax Abatement 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 Abatement Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Tax Abatement Portion of the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Abatement Debt Service Subaccount when a sufficient balance is available therein. 18. 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 occurrence. (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 City Manager 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) Packet Page Number 23 of 189 E2 April 10, 2017 22 City Council Meeting Minutes consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 19. 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, 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. 20. 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 Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. Packet Page Number 24 of 189 E2 April 10, 2017 23 City Council Meeting Minutes (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. 21. Certificate of Registration. The City Manager 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 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 the tax levy required by law has been made. 22. 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. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, 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. 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 (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the eighteen month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor and/or Finance Director are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Packet Page Number 25 of 189 E2 April 10, 2017 24 City Council Meeting Minutes Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 25. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2017 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2017 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. 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 27. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Springsted is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 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 Juenemann Ayes – All The motion passed. 2. Consider Approval of Resolution Providing for the Issuance and Sale of General Obligation Refunding Bonds, Series 2017B Packet Page Number 26 of 189 E2 April 10, 2017 25 City Council Meeting Minutes Finance Director Paulseth introduced the staff report. Terri Heaton, Senior Vice President with Springsted gave the report Issuance and Sale of General Obligation Bonds, Series 2017B. Councilmember Abrams moved to approve the resolution providing for the Issuance and Sale of $3,230,000 General Obligation Refunding Bonds, Series 2017B, Pledging for the Security Thereof Special Assessments and Tax Abatement and Levying a Tax for the Payment Thereof. Resolution 17-04-1446 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,145,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2017B, 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 $3,145,000 General Obligation Improvement Refunding Bonds, Series 2017B (the "Bonds" or individually, a "Bond") pursuant to Minnesota Statutes Chapter 475 to provide moneys for a crossover refunding of the City's (i) $5,090,000 original principal amount General Obligation Improvement Bonds, Series 2007B, dated October 15, 2007 (the “Prior 2007B Bonds”), maturing on and after February 1, 2019 (the “2007B Refunding Portion of the Bonds); and (ii) $4,680,000 original principal amount of General Obligation Improvement and Refunding Bonds, Series 2009A, dated April 1, 2009 (the "Prior 2009A Bonds") maturing on and after February 1, 2020 (the "2009A Refunding Portion of the Bonds"); and B. WHEREAS, $1,900,000 aggregate principal amount of the Prior 2007B Bonds which mature on and after February 1, 2019 (the “Refunded 2007B Bonds”), is callable on February 1, 2018 (the "February 1, 2018 Crossover Date"), at a price of par plus accrued interest, as provided in the resolution adopted on September 24, 2007, authorizing the issuance of the Prior 2007B Bonds (the "Prior 2007B Resolution"); and C. WHEREAS, $1,225,000 aggregate principal amount of the Prior 2009A Bonds which mature on and after February 1, 2020 (the "Refunded 2009A Bonds", and together with the Refunded 2007B Bonds, the “Refunded Bonds”), is callable on February 1, 2019 (the "February 1, 2019 Crossover Date", and together with the February 1, 2018 Crossover Date, the “Crossover Dates”), at a price of par plus accrued interest, as provided in the resolution adopted on March 9, 2009, authorizing the issuance of the Prior 2009A Bonds (the "Prior 2009A Resolution", and together with the Prior 2007B Resolution, the “Prior Resolutions”); and D. WHEREAS, the crossover refunding of the Refunded 2007B Bonds on the February 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 E. WHEREAS, the crossover refunding of the Refunded 2009A Bonds on the February 1, 2019 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 Packet Page Number 27 of 189 E2 April 10, 2017 26 City Council Meeting Minutes F. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $3,145,000 General Obligation Improvement Refunding Bonds, Series 2017B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, and Chapter 429 to provide moneys for a crossover refunding of the Refunded Bonds; and G. 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 H. WHEREAS, the proposals set forth on Attachment A attached hereto were received by the City Manager, 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 I. 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 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 $3,203,992.78, 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 May 11, 2017, 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 February 1 in the years and amounts as follows: Year Amount 2019 $370,000 2020 580,000 2021 590,000 2022 595,000 2023 595,000 2024 205,000 2025 210,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts Packet Page Number 28 of 189 E2 April 10, 2017 27 City Council Meeting Minutes 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 2007B Refunding Portion of the Bonds in the aggregate principal amount of $1,910,000 maturing in each of the years and amounts hereinafter set forth, is issued to refund the Prior 2007B Bonds. The 2009A Refunding Portion of the Bonds in the aggregate principal amount of $1,235,000 maturing in each of the years and amounts hereinafter set forth, is issued to refund the Prior 2009A Bonds. Year 2007B Refunding Portion of the Bonds (Amount) 2009A Refunding Portion of the Bonds (Amount) Total Amount 2019 $370,000 $370,000 2020 375,000 $205,000 580,000 2021 385,000 205,000 590,000 2022 390,000 205,000 595,000 2023 390,000 205,000 595,000 2024 205,000 205,000 2025 210,000 210,000 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 2007B Bonds or the 2009A Portion of the Bonds, the prepayment shall be allocated to the 2007B Refunding Portion of debt service or the 2009A Refunding Portion of debt service, as applicable. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). Packet Page Number 29 of 189 E2 April 10, 2017 28 City Council Meeting Minutes (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"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations Packet Page Number 30 of 189 E2 April 10, 2017 29 City Council Meeting Minutes 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 31 of 189 E2 April 10, 2017 30 City Council Meeting Minutes 3. Purpose; Refunding Findings. (a) The 2007B Refunding Portion of the Bonds shall provide funds for a crossover refunding of the Refunded 2007B Bonds (the "2007B Refunding"). It is hereby found, determined and declared that the 2007B Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13. With respect to the Refunded 2007B Bonds, as of the February 1, 2018 Crossover Date there shall result a debt service savings of $108,882.57 for the Prior 2007B 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 2007B Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior 2007B Bonds as required by Minnesota Statutes, Section 475.67, Subdivision 12. (b) The 2009A Refunding Portion of the Bonds shall provide funds for a crossover refunding of the Refunded 2009A Bonds (the “2009A Refunding” and together with the 2007B Refunding, the "Refunding"). It is hereby found, determined and declared that the 2009A Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13. With respect to the Refunded 2009A Bonds, as of the February 1, 2019 Crossover Date there shall result a debt service savings of $70,856.14 for the Prior 2009A 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 2009A Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior 2009A Bonds as required by Minnesota Statutes, Section 475.67, Subdivision 12. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2018, 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 2019 2.00% 2020 2.00% 2021 2.00% 2022 2.00% 2023 2.00% 2024 2.00% 2025 3.00% 5. No Optional Redemption. 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 32 of 189 E2 April 10, 2017 31 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 IMPROVEMENT REFUNDING BOND, SERIES 2017B Interest Rate Maturity Date Date of Original Issue CUSIP February 1, May 11, 2017 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 February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2018, 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 33 of 189 E2 April 10, 2017 32 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 $3,145,000, 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 April 10, 2017 (the "Resolution"), for the purpose of providing funds sufficient for a crossover refunding (i) on February 1, 2018, of the Issuer's General Obligation Improvement Bonds, Series 2007B, dated October 15, 2007, which mature on and after February 1, 2019, and (ii) on February 1, 2019, of the Issuer's General Obligation Improvement and Refunding Bonds, Series 2009A, dated April 1, 2009, which mature on and after February 1, 2020. This Bond is payable out of the General Obligation Improvement Refunding Bonds, Series 2017B 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. 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. Packet Page Number 34 of 189 E2 April 10, 2017 33 City Council Meeting Minutes 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 Manager, 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 City Manager ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - _____________ as custodian for _____________ (Cust) (Minor) under the _____________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ___________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________ the within Bond and does hereby irrevocably constitute and appoint ________ attorney to Packet Page Number 35 of 189 E2 April 10, 2017 34 City Council Meeting Minutes 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 City Manager 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 May 11, 2017. 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 Packet Page Number 36 of 189 E2 April 10, 2017 35 City Council Meeting Minutes 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 City Manager 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. Packet Page Number 37 of 189 E2 April 10, 2017 36 City Council Meeting Minutes 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 Improvement Refunding Bonds, Series 2017B 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 City Manager. $3,158,926.02 proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account 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 2007B Refunding Portion of the Bonds to and including the February 1, 2018 Crossover Date; (ii) to pay when due the interest to accrue on the Refunding Portion of the Prior 2009A Bonds to and including the February 1, 2019 Crossover Date; (iii) to pay when called for redemption on the February 1, 2018 Crossover Date, the principal amount of the Refunded 2007B Bonds; and (iv) to pay when called for redemption on the February 1, 2019 Crossover Date, the principal amount of the Refunded 2009A Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the 2007B Refunding Portion of the Bonds to and including the February 1, 2018 Crossover Date; (ii) all interest on the Refunding Portion of the Prior 2009A Bonds to and including the February 1, 2019 Crossover Date; (iii) the principal of the Refunded 2007B Bonds due by reason of their call for redemption on the February 1, 2018 Crossover Date; and (iv) the principal of the Refunded 2009A Bonds due by reason of their call for redemption on the February 1, 2019 Crossover Date. (b) There shall be maintained two separate subaccounts in the Debt Service Account to be designated the "2007B Debt Service Subaccount" and the Packet Page Number 38 of 189 E2 April 10, 2017 37 City Council Meeting Minutes "2009A 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) 2007B Debt Service Subaccount. To the 2007B Debt Service Subaccount there shall be credited: (A) after the February 1, 2018 Crossover Date, all uncollected special assessments pledged to the payment of the Prior 2007B Bonds; (B) collections of all taxes herein or hereafter levied for the payment of the Prior 2007B 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 2007B Refunding Portion of the Bonds in excess of the minimum bid; (E) all investment earnings on funds held in the 2007B Debt Service Subaccount; (F) any funds remaining after the February 1, 2018 Crossover Date in the Debt Service Fund established by the Prior 2007B 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 2007B Debt Service Subaccount. The 2007B Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the 2007B 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 2007B Debt Service Subaccount when the 2007B Refunding Portion of the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. (ii) 2009A Debt Service Subaccount. To the 2009A Debt Service Subaccount there shall be credited: (A) after the February 1, 2019 Crossover Date, all uncollected special assessments pledged to the payment of the 2009A Refunding Portion of the Bonds; (B) any collections of all taxes herein or hereafter levied for the payment of the 2009A 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 2009A Debt Service Subaccount; (F) any funds remaining after the February 1, 2019 Crossover Date in the Debt Service Account established by the Prior 2009A 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 2009A Debt Service Subaccount. The 2009A Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the 2009A 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 2009A Debt Service Subaccount when the 2009A Refunding Portion of the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. 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 Packet Page Number 39 of 189 E2 April 10, 2017 38 City Council Meeting Minutes the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to the 2007B Refunding Portion of the Bonds. (a) Special Assessments. The City has heretofore levied special assessments pursuant to the Prior 2007B Resolution, which were pledged to the payment of the principal and interest on the Prior 2007B Bonds and, after the February 1, 2018 Crossover Date, the uncollected special assessments for the Prior 2007B Bonds are now pledged to the payment of principal and interest on the 2007B 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 2007B 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 2007B 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 2007B 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 2017-2021 2018-2022 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 2007B 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 Packet Page Number 40 of 189 E2 April 10, 2017 39 City Council Meeting Minutes when due the principal and interest payments on 2007B Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of 2007B 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 2007B Bonds, the uncollected taxes levied in the Prior 2007B Resolution authorizing the issuance of the Prior 2007B Bonds which are not needed to pay the Prior 2007B 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 2007B 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 2007B Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the 2007B 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 2007B Debt Service Subaccount when a sufficient balance is available therein. 17. Covenants Relating to the 2009A Refunding Portion of the Bonds. (a) Special Assessments. The City has heretofore levied special assessments pursuant to the Prior 2009A Resolution, which were pledged to the payment of the principal and interest on the 2009A Refunding Portion of the Bonds and, after the February 1, 2019 Crossover Date, the uncollected special assessments for the 2009A Refunding Portion of the Bonds are now pledged to the payment of principal and interest on the 2009A 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 2009A 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 2009A 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 2009A Refunding Portion of the Bonds there is hereby levied upon all of the taxable property in the Packet Page Number 41 of 189 E2 April 10, 2017 40 City Council Meeting Minutes 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 2018-2023 2019-2024 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 2009A 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 2009A Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of 2009A 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 2009A Refunding Portion of the Bonds, the uncollected taxes levied in the Prior 2009A Resolution authorizing the issuance of the Prior 2009A Bonds which are not needed to pay the 2009A 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 2009A 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 2009A Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the 2009A 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 2009A Debt Service Subaccount when a sufficient balance is available therein. 18. 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. 19. Escrow Agreement. On or prior to the delivery of the Bonds, the Mayor, the City Manager 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. 20. 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 18, 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 Packet Page Number 42 of 189 E2 April 10, 2017 41 City Council Meeting Minutes (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 21. Redemption of Refunded Bonds. The Refunded 2007B Bonds and the Refunded 2009A 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. 22. 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. 23. Supplemental Resolution. The Prior Resolutions are hereby supplemented to the extent necessary to give effect to the provisions of this resolution. 24. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 25. Certificate of Registration. The City Manager 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. 26. 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. 27. 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 Packet Page Number 43 of 189 E2 April 10, 2017 42 City Council Meeting Minutes 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. 28. 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 occurrence. (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 the City Manager 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. 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; Packet Page Number 44 of 189 E2 April 10, 2017 43 City Council Meeting Minutes (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 2017 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2017 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 Smith Ayes – All The motion passed. J. NEW BUSINESS 1. Consider Approval of a Conditional Use Permit and Design Review, Phase 2 of Frost English Village, 1957 English Street North Economic Development Coordinator Martin gave the staff report and answered questions of the council. Commissioner Kempe addressed the council to give the report from the Community Design Review Board. Commissioner Eads addressed the council to give the report from the Planning Commission. Shane LaFave with Sherman & Associates addressed the council to give additional information about the Frost English Village project and answer questions of the council. Councilmember Abrams moved to approve the conditional use permit resolution for a four- story multi-family senior residential building with an increased front yard setback and a parking waiver. Approval is subject to the following conditions: 1. The engineering department shall review and determine approval of all final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department’s February 7, 2017 review. Packet Page Number 45 of 189 E2 April 10, 2017 44 City Council Meeting Minutes 2. All construction shall follow the plans date-stamped February 8, 2017, and with revisions as noted in this approval. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. 3. This approval is for the Phase 2, 107-unit multi-family senior building only. Any future phases must seek separate approval as required by city code. 4. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 5. The Phase 2 building is approved with an increased English Street front yard setback which is not to exceed 100 feet. 6. The applicant shall submit to staff for approval revised site and landscaping plans showing additional plantings and amenities being added between the building and English Street North. 7. A parking waiver of 55 spaces is allowed, which includes the waiver of 25 covered spaces. If a parking shortage becomes an issue the city can require parking be installed on unbuilt areas of the site and also require shared parking when the commercial building is built as part of Phase 3. 8. Applicant shall submit to the city cross access, maintenance and parking agreements between Phases 1, 2 and 3. 9. Applicant shall submit to the city documentation regarding the affordable units in Phase 1 used to determine the overall residential densities for this development. Affordable units must meet the standards and definitions as described by the Metropolitan Council. Resolution 17-04-1447 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Shane LaFave, of Sherman Associates, has applied for a conditional use permit for a four-story building, with an increased front-yard setback and a parking waiver in a MU (mixed use) district. WHEREAS, Sections 44-681 of the city ordinances requires a conditional use permit for residential buildings taller than 35 feet or three stories and for buildings with an increased front-yard setback in a MU (mixed use) zoning district. WHEREAS, this permit applies to the .96 acre site at 1957 English Street North. The legal description for the property is below: Lot 2, Block 1, The Villages at Frost-English, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: 1. On February 21, 2017, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. Packet Page Number 46 of 189 E2 April 10, 2017 45 City Council Meeting Minutes The planning commission recommended that the city council approve the conditional use permit 2. On April 10, 2017, the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council 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 not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The engineering department shall review and determine approval of all final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department’s February 7, 2017 review. 2. All construction shall follow the plans date-stamped February 8, 2017, and with revisions as noted in this approval. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. Packet Page Number 47 of 189 E2 April 10, 2017 46 City Council Meeting Minutes 3. This approval is for the Phase 2, 107-unit multi-family senior building only. Any future phases must seek separate approval as required by city code. 4. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 5. The Phase 2 building is approved with an increased English Street front yard setback which is not to exceed 100 feet. 6. The applicant shall submit to staff for approval revised site and landscaping plans showing additional plantings and amenities being added between the building and English Street North. 7. A parking waiver of 55 spaces is allowed, which includes the waiver of 25 covered spaces. If a parking shortage becomes an issue the city can require parking be installed on unbuilt areas of the site and also require shared parking when the commercial building is built as part of Phase 3. 8. Applicant shall submit to the city cross access, maintenance and parking agreements between Phases 1, 2 and 3. 9. Applicant shall submit to the city documentation regarding the affordable units in Phase 1 used to determine the overall residential densities for this development. Affordable units must meet the standards and definitions as described by the Metropolitan Council. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Juenemann moved to approve the design plans for the 107-unit multi-family senior residential building date stamped February 8, 2017, for the redevelopment project located at 1957 English Street North and is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Satisfy the requirements set forth in the staff report authored by staff engineer Jon Jarosch, dated February 7, 2017. 3. Satisfy the requirements set forth in the staff report authored by environmental planner Shann Finwall, dated February 15, 2017. 4. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: a. Revised landscaping and site plans showing additional plantings and amenities in the front yard area between the building and English Street North. Packet Page Number 48 of 189 E2 April 10, 2017 47 City Council Meeting Minutes b. Submit a photometric plan for staff approval – plan must meet all city requirements. c. An executed cross access, parking and maintenance agreement between Phases 1, 2 and 3 must be submitted to the city. d. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 5. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Install all required sidewalks and trails. 6. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 7. The building for Phase Three of the Frost-English Village development is required to be reviewed for design review by the community design review board. 8. All work shall follow the approved plans. City staff may approve minor changes. Seconded by Councilmember Smith Ayes – All The motion passed. 2. Consider Approval of Purchase Offer for Vacant Land North of the Former Parkside Fire Station, 2001 McMenemy Street North Economic Development Coordinator Martin gave the staff report. Real Estate Agent Mike Brass with Colliers International addressed the council to give additional information on the purchase offer. Councilmember Juenemann moved to approve the purchase agreement between the City Packet Page Number 49 of 189 E2 April 10, 2017 48 City Council Meeting Minutes of Maplewood and Braderick Holdings, LLC for the vacant property located directly north of 2001 McMenemy Street North. This approval also allows the city attorney to make minor modifications to the purchase agreement. Seconded by Councilmember Abrams Ayes – All The motion passed. 3. Consider Approval of Tennis Sanitation Recycling Collection Annual Review a. 2016 Recycling Year End Report b. 2017 Recycling Work Plan Environmental and City Code Specialist Swanson gave the staff report and answered questions of the council. Willie Tennis with Tennis Sanitation addressed the council to answer additional questions. Councilmember Juenemann moved to approve Tennis Sanitation’s 2016 Recycling Year End Report and 2017 Recycling Work Plan. Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Consider Approval of Republic Services Trash and Yard Waste Collection Annual Review a. 2016 Trash and Yard Waste Collection Annual Report b. 2017 Trash and Yard Waste Collection Work Plan Environmental and City Code Specialist Swanson gave the staff report and answered questions of the council. Romack Franklin with Republic Services addressed the council to answer additional questions of the council. Councilmember Juenemann moved to approve 2016 Trash and Yard Waste Collection Annual Report and 2017 Trash and Yard Waste Collection Work Plan. Seconded by Councilmember Smith Ayes – All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Slawik adjourned the meeting at 9:05 p.m. Packet Page Number 50 of 189 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: April 18, 2017 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. May 8th a. Workshop: City Code Enforcement Program Update, 21st Century Policing Report 2. May 22nd a. Workshop: Joint Meeting of City Council and Planning Commission to Process Comprehensive Plan Review with HKGI Consultants 3. June 5th or 12th a. Workshop: Public Safety Director Interviews 4. June 26th a. Workshop: Review Capital Improvement Plan 2018-2028 Council Comments Comments regarding Workshops, Council Meetings or other topics of concern or interest. Budget Impact None Recommendation No action required. Attachments None. F1a Packet Page Number 51 of 189 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works DATE: April 17, 2017 SUBJECT: Approval of Proclamation Recognizing 2017 National Public Works Week May 21-27 Introduction The council will consider adopting a resolution recognizing National Public Works Week for the week of May 21-27. Background This is an opportunity to recognize the importance public works plays in the daily lives of residents. Whether plowing snow, maintaining roads, ensuring the sewer systems are flowing, prepping park fields, engineering new streets & utilities, or responding to public concerns; each is a key component in providing quality services to the residents of Maplewood. At times many of these important tasks are taken for granted. This is an opportunity to recognize public works and its vital contributions to improving quality of life both nationally and within Maplewood. I would also like to recognize the City of Maplewood’s Public Works staff for its dedication in enhancing the health, safety, and quality of life for all of our residents. The dedicated group of Maplewood public works servants is as follows: NAME YEARS OF SERVICE IN PUBLIC WORKS ADAMS, DAVE 9 BRINK, TROY 16 BUCKLEY, BRENT 11 BURLINGAME, NATE 10 CHRISTENSON, SCOTT 10 CORTESI, LU 5 DOUGLASS, TOM 1 DUCHARME, JOHN 28 EDGE, DOUG 23 ENGSTROM, ANDY 14 HAAG, MARK 17 HAMRE, MILES 6 HAYS, TAMARA 6 HINNENKAMP, GARY 24 JAHN, DAVID 30 JANASZAK, MEGHAN 1 JAROSCH, JON 12 F1b Packet Page Number 52 of 189 JENSEN, JOE 2 JONES, DON 18 LINDBLOM, RANDY 29 LOVE, STEVE 9 MEISSNER, BRENT 9 NAGEL, BRYAN 29 NAUGHTON, JOHN 16 ORE, JORDAN 6 OSWALD, ERICK 30 PRIEM, STEVEN 21 PRINS, KELLY 1 RUIZ, RICARDO 6 RUNNING, BOB 12 SCHULTZ, SCOTT 19 TEVLIN, TODD 16 THOMPSON, MICHAEL 12 WILBER, JEFF 5 WOEHRLE, MATT 12 XIONG, BOON 4 Budget Impact There is no cost or budget impact from this approval. Recommendation It is recommended that the council approve the Proclamation Recognizing 2017 National Public Works W eek May 21-27. Attachment 1. Proclamation F1b Packet Page Number 53 of 189 CITY OF MAPLEWOOD PROCLAMATION RECOGNIZING PUBLIC WORKS WEEK May 21-27, 2017 Whereas, public works services provided in our community are an integral part of our citizens’ everyday lives; and Whereas, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and Whereas, the health, safety and comfort of this community greatly depends on these facilities and services; and Whereas, the quality and effectiveness of these facilities, as well as their planning, design, and construction, are vitally dependent upon the efforts and skill of public works officials; and Whereas, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform, Now, therefore, the City Council does hereby proclaim the week of May 21-27 as National Public Works Week in the City of Maplewood, Minnesota and do hereby call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Approved by the Maplewood City Council this 24th day of April 2017. F1b, Attachment 1 Packet Page Number 54 of 189 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Lois Knutson, Senior Administrative Assistant DATE: April 18, 2017 SUBJECT: Approval of Resolution for Commissioner Reappointments Introduction The City Council will review the list of commissioners whose terms will expire on April 30, 2017. The commissioners were asked to fill out an assessment to evaluate their time on the commission and to provide input to the council. Those commissioners approved for reappointment will serve a three year term, ending on April 30, 2020. Background There are five commissioners whose terms will expire on April 30, 2017 and all are seeking reappointment as reflected below: Community Design Review Board Matt Ledvina, member since 3/10/1997 Attendance: 2014: 5 / 6 2015: 6 / 8 2016: 7 / 9 2017: 1 / 1 Heritage Preservation Commission John Gaspar, member since 1/14/2013 Attendance: 2014: 10 / 10 2015: 10 / 10 2016: 9 / 10 2017: 1 / 1 Parks & Recreation Commission Craig Brannon, member since 1/1/1997 Attendance: 2014: 10 / 11 2015: 7 / 9 2016: 6 / 7 Terri Mallet, member since 2/11/2013 Attendance: 2014: 9 / 11 2015: 9 / 9 2016: 6 / 7 Nikki Villavicencio, member since 10/14/2013 Attendance: 2014: 9 / 11 2015: 6 / 9 2016: 6 / 7 Budget Impact None. F3 Packet Page Number 55 of 189 Recommendation Staff recommends that the Council approve the attached resolution for commissioner reappointments. Attachments 1. Resolution for Reappointments 2. Reappointment Assessments F3 Packet Page Number 56 of 189 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be reappointed to the following commissions: Community Design Review Board Matt Ledvina, Term Expires on 4/30/2020 Heritage Preservation Commission John Gaspar, Term Expires on 4/30/2020 Parks & Recreation Commission Craig Brannon, Term Expires on 4/30/2020 Terri Mallet, Term Expires on 4/30/2020 Nikki Villavicencio, Term Expires on 4/30/2020 F3, Attachment 1 Packet Page Number 57 of 189 F3, Attachment 2 Packet Page Number 58 of 189 F3, Attachment 2 Packet Page Number 59 of 189 F3, Attachment 2 Packet Page Number 60 of 189 F3, Attachment 2 Packet Page Number 61 of 189 F3, Attachment 2 Packet Page Number 62 of 189 TO:Melinda Coleman, City Manager FROM:Ellen Paulseth, Finance Director DATE: SUBJECT:Approval of Claims 320,370.40$ Checks # 99487 thru #99518 dated 04/04/17 thru 04/11/17 1,474,803.73$ Disbursements via debits to checking account dated 04/03/17 thru 04/07/17 135,789.27$ Checks #99519 thru #99558 dated 04/18/17 528,057.40$ Disbursements via debits to checking account dated 04/10/17 thru 04/14/17 2,459,020.80$ Total Accounts Payable 500,718.32$ Payroll Checks and Direct Deposits dated 04/07/17 1,111.53$ Payroll Deduction check # 99102666 thru # 99102669 dated 04/07/17 501,829.85$ Total Payroll 2,960,850.65$ 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 April 18, 2017 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 63 of 189 Check Description Amount 99487 00396 TRANSFER TITLE FORFEITED VEHICLE 20.75 99488 04431 2017 FORD E450 AMBULANCE V#20157 212,000.00 99489 05215 SOCCER INSTRUCTION - SPRING 634.00 99490 05353 CONTRACT GASOLINE - MARCH 10,227.62 05353 CONTRACT DIESEL - MARCH 6,419.24 99491 01202 MAPLEWOOD LIVING,SEASONS-MARCH 9,328.20 01202 MAPLEWOOD LIVING - APRIL 7,607.34 99492 05369 CLEANING SUPPLIES-CITY HALL/PARKS 138.40 99493 02909 ROAD SALT~7,846.33 02909 ROAD SALT~6,345.52 02909 ROAD SALT~3,126.45 99494 05283 HORIZONTAL LOCK PLUG 24.84 99495 05798 TEMP STORAGE POD-PREP CITY AUCTION 300.00 99496 05476 KID CITY GRANT SERVICES 795.00 99497 04585 ESCROW REL 1562 MCKNIGHT RD N 3,549.64 99498 05598 PROSECUTION SERVICES - MARCH 16,250.00 99499 05533 INSTALL AIR COMPRESSOR L-325 1,129.75 99500 00827 CLAIM DEDUCTIBLE C0028691 (13/14)3,088.60 99501 00891 LUNCHEON MEETING 03/09 - M FUNK 20.00 99502 00532 HR ATTORNEY FEE LITIGATION-FEB 748.24 00532 HR ATTORNEY FEE LABOR REL-FEB 268.00 99503 05741 ATTORNEY FEES - CABLE - JAN & FEB 4,150.00 99504 01111 NEW AMB RADIO 3,574.50 99505 05788 GLADSTONE SAVANNA SIGN PROJ-GRANT 3,600.00 99506 05670 CONSULTING SERVICES FOR PD/FIRE 889.22 99507 01261 EMS REPORTING SOFTWARE - MARCH 738.67 99508 01340 MEDICAL SUPPLIES 555.00 99509 04074 TAI CHI INSTRUCTION 03/15 - 05/17 122.40 99510 00198 WATER UTILITY 1,036.42 99511 05800 CONSULTANT-COUNCIL/STAFF RETREAT 1,250.00 99512 01578 SHOP SUPPLIES 2,310.50 01578 SHOP SUPPLIES 180.00 99513 05176 SERVICE ASSOCIATED CN#17006523 255.00 99514 01669 TOWING OF VEHICLES 100.00 99515 03825 TIF PAYMENT TO DEVELOPER 2ND HALF 10,339.02 99516 05796 PROJ 09-08 CONST DISPOSAL 1,080.00 99517 05705 JANITORIAL SERVICES - MARCH 80.00 99518 05013 HEATER REPAIR - CH MAINT AREA 241.75 STRENGTHSWISE LLC 04/11/2017 KELLY & LEMMONS, P.A. 04/11/2017 KIRVIDA FIRE 04/11/2017 ST PAUL REGIONAL WATER SRVS ELAINE SCHRADE 04/11/2017 L M C I T 04/11/2017 MADDEN GALANTER HANSEN, LLP 04/11/2017 MADDEN GALANTER HANSEN, LLP 04/11/2017 GO MINI MSP 04/11/2017 JESSICA HUANG 04/11/2017 KELCO COMPANY 04/11/2017 T R F SUPPLY CO. MOSS & BARNETT 04/11/2017 MOTOROLA, INC 04/11/2017 NIENOW CULTURAL CONSULTANTS 04/11/2017 PETERSON COUNSELING/CONSULTING 04/11/2017 PHYSIO-CONTROL, INC. 04/11/2017 04/11/2017 REGIONS HOSPITAL 04/11/2017 04/11/2017 Check Register City of Maplewood 04/07/2017 Date Vendor NYSTROM PUBLISHING CO INC CINTAS CORPORATION #470 04/11/2017 CORESTRONG FITNESS LLC 04/11/2017 MANSFIELD OIL CO 04/11/2017 NYSTROM PUBLISHING CO INC 04/11/2017 04/11/2017 MANSFIELD OIL CO 04/11/2017 04/04/2017 MN DEPT OF PUBLIC SAFETY 04/04/2017 EVEREST EMERGENCY VEHICLES INC 04/11/2017 M A M A 04/11/2017 EMERGENCY RESPONSE SOLUTIONS 04/11/2017 COMPASS MINERALS AMERICA INC. 04/11/2017 COMPASS MINERALS AMERICA INC. 04/11/2017 COMPASS MINERALS AMERICA INC. 04/11/2017 320,370.4032Checks in this report. YALE MECHANICAL LLC 04/11/2017 T R F SUPPLY CO. 04/11/2017 T-MOBILE USA 04/11/2017 TWIN CITIES TRANSPORT & 04/11/2017 VAN DYKE STREET HOMES 04/11/2017 VEIT DISPOSAL SYSTEMS - METRO 04/11/2017 TERRI WOLD G1, Attachments Packet Page Number 64 of 189 Settlement Date Payee Description Amount 4/3/2017 MN State Treasurer Drivers License/Deputy Registrar 35,880.90 4/3/2017 US Bank Debt Service payments 1,135,106.25 4/4/2017 MN State Treasurer Drivers License/Deputy Registrar 71,294.84 4/5/2017 MN State Treasurer Drivers License/Deputy Registrar 55,630.26 4/5/2017 Delta Dental Dental Premium 4,501.87 4/6/2017 MN State Treasurer Drivers License/Deputy Registrar 62,332.67 4/7/2017 MN State Treasurer Drivers License/Deputy Registrar 63,287.68 4/7/2017 US Bank VISA One Card*Purchasing card items 40,672.14 4/7/2017 MN Dept of Natural Resources DNR electronic licenses 1,732.87 4/7/2017 Optum Health DCRP & Flex plan payments 554.25 4/7/2017 ICMA (Vantagepointe)Deferred Compensation 3,810.00 1,474,803.73 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 65 of 189 Transaction Date Posting Date Merchant Name Transaction Amount Name 03/18/2017 03/20/2017 MENARDS MAPLEWOOD MN $266.23 PAUL BARTZ 03/19/2017 03/21/2017 MENARDS MAPLEWOOD MN ($32.94)PAUL BARTZ 03/17/2017 03/20/2017 OFFICE DEPOT #1090 $55.65 REGAN BEGGS 03/23/2017 03/27/2017 VERITIV EXPRESS $319.50 REGAN BEGGS 03/23/2017 03/27/2017 VERITIV EXPRESS $745.50 REGAN BEGGS 03/23/2017 03/27/2017 VERITIV EXPRESS $319.50 REGAN BEGGS 03/23/2017 03/27/2017 VERITIV EXPRESS $17.41 REGAN BEGGS 03/25/2017 03/27/2017 OFFICE DEPOT #1090 $14.94 REGAN BEGGS 03/27/2017 03/29/2017 PAKOR, INC.$641.52 REGAN BEGGS 03/27/2017 03/29/2017 OFFICE DEPOT #1090 $49.10 REGAN BEGGS 03/29/2017 03/31/2017 DRIVERS LICENSE GUIDE CO $43.90 REGAN BEGGS 03/18/2017 03/20/2017 OFFICE DEPOT #1090 $247.57 CHAD BERGO 03/21/2017 03/22/2017 CREATIVEMARKET.COM $29.00 CHAD BERGO 03/21/2017 03/23/2017 OFFICE DEPOT #1090 $249.99 CHAD BERGO 03/22/2017 03/23/2017 B&H PHOTO, 800-606-6969 $2,905.84 CHAD BERGO 03/24/2017 03/27/2017 LYNDA.COM, INC.$34.99 CHAD BERGO 03/29/2017 03/31/2017 MAVERICKS REAL ROAST & BE $22.08 CHAD BERGO 03/30/2017 03/31/2017 MINNESOTA ASSOCIATION OF $85.00 CHAD BERGO 03/21/2017 03/22/2017 CUB FOODS #1599 $54.48 NEIL BRENEMAN 03/21/2017 03/23/2017 NORTHERN TOOL EQUIP-MN $119.99 TROY BRINK 03/17/2017 03/20/2017 WW GRAINGER $166.21 SCOTT CHRISTENSON 03/17/2017 03/22/2017 WW GRAINGER ($63.41)SCOTT CHRISTENSON 03/22/2017 03/24/2017 MENARDS OAKDALE MN $15.94 SCOTT CHRISTENSON 03/24/2017 03/27/2017 TWIN CITY FILTER SERVICE $197.17 SCOTT CHRISTENSON 03/27/2017 03/29/2017 MENARDS OAKDALE MN $15.94 SCOTT CHRISTENSON 03/27/2017 03/29/2017 MENARDS OAKDALE MN $2.99 SCOTT CHRISTENSON 03/17/2017 03/20/2017 CAN STOCK PHOTO $2.50 MELINDA COLEMAN 03/20/2017 03/22/2017 OFFICEMAX/OFFICE DEPOT616 $36.94 MELINDA COLEMAN 03/28/2017 03/29/2017 SHELLBACK TACTICAL $77.93 THERESA CORCORAN 03/21/2017 03/22/2017 ACT*LAW ENFORCEMENT OP $350.00 KERRY CROTTY 03/17/2017 03/20/2017 THE HOME DEPOT #2801 $23.66 DOUG EDGE 03/20/2017 03/22/2017 BOUND TREE MEDICAL LLC $406.35 PAUL E EVERSON 03/22/2017 03/24/2017 BOUND TREE MEDICAL LLC $127.80 PAUL E EVERSON 03/29/2017 03/31/2017 BOUND TREE MEDICAL LLC $567.33 PAUL E EVERSON 03/29/2017 03/30/2017 MINNESOTA ASSOCIATION OF $85.00 GEORGE FAIRBANKS 03/20/2017 03/21/2017 PAYPAL *IACA $10.00 CASSIE FISHER 03/28/2017 03/28/2017 IACA $10.00 CASSIE FISHER 03/28/2017 03/28/2017 IACA $395.00 CASSIE FISHER 03/22/2017 03/22/2017 COMCAST CABLE COMM $68.95 MYCHAL FOWLDS 03/23/2017 03/24/2017 HP DIRECT-PUBLICSECTOR $1,875.00 MYCHAL FOWLDS 03/27/2017 03/28/2017 BEST BUY MHT 00000109 $53.55 MYCHAL FOWLDS 03/27/2017 03/28/2017 DRI*TECHSMITH $191.75 MYCHAL FOWLDS 03/23/2017 03/24/2017 IDU*INSIGHT PUBLIC SEC $61.08 NICK FRANZEN 03/28/2017 03/29/2017 PROVANTAGE LLC $55.70 NICK FRANZEN 03/30/2017 03/31/2017 PROVANTAGE LLC $469.07 NICK FRANZEN 03/30/2017 03/31/2017 IDU*INSIGHT PUBLIC SEC $62.02 NICK FRANZEN 03/22/2017 03/24/2017 SUPERAMERICA 4848 $25.67 CAROLE GERNES 03/24/2017 03/27/2017 MENARDS OAKDALE MN $7.46 CAROLE GERNES 03/24/2017 03/27/2017 OTC BRANDS, INC.$44.96 CAROLE GERNES 03/29/2017 03/30/2017 HOM FURNITURE #28 $246.38 CLARENCE GERVAIS 03/17/2017 03/20/2017 HENRIKSEN ACE HDWE $19.90 MARK HAAG 03/29/2017 03/30/2017 HENRIKSEN ACE HDWE $16.96 MILES HAMRE 03/17/2017 03/20/2017 GRUBERS POWER EQUIPMENT $494.75 TAMARA HAYS 03/22/2017 03/24/2017 THE HOME DEPOT #2801 $13.03 TAMARA HAYS 03/24/2017 03/27/2017 MILLS FLEET FARM 2700 $33.88 TAMARA HAYS 03/30/2017 03/31/2017 SITEONE LANDSCAPE S $57.38 TAMARA HAYS 03/17/2017 03/20/2017 HENRIKSEN ACE HDWE $4.49 GARY HINNENKAMP 03/28/2017 03/29/2017 HENRIKSEN ACE HDWE $8.98 GARY HINNENKAMP 03/27/2017 03/30/2017 AWARDS BY HAMMOND, INC $71.00 TIMOTHY HOFMEISTER 03/17/2017 03/20/2017 KNOWLAN'S MARKET #2 $18.41 ANN HUTCHINSON G1, Attachments Packet Page Number 66 of 189 03/24/2017 03/27/2017 MENARDS OAKDALE MN $16.58 ANN HUTCHINSON 03/20/2017 03/21/2017 ALL FILTERS LLC $421.94 DAVID JAHN 03/22/2017 03/23/2017 DALCO ENTERPRISES $682.67 DAVID JAHN 03/27/2017 03/28/2017 DALCO ENTERPRISES $88.55 DAVID JAHN 03/29/2017 03/31/2017 THE HOME DEPOT #2801 $14.73 JUSTIN JAMES 03/28/2017 03/30/2017 OFFICE DEPOT #1090 $18.31 ELIZABETH JOHNSON 03/28/2017 03/30/2017 OFFICE DEPOT #1090 $35.39 ELIZABETH JOHNSON 03/16/2017 03/20/2017 DELTA AIR 0062376468805 $701.60 LOIS KNUTSON 03/23/2017 03/27/2017 CROOKED PINT - MAPLEWOOD $200.00 LOIS KNUTSON 03/27/2017 03/28/2017 PANERA BREAD #601305 $109.82 LOIS KNUTSON 03/29/2017 03/30/2017 ACT*MNGTS.ORG TRAINING $20.00 LOIS KNUTSON 03/21/2017 03/23/2017 TWIN CITIES INFLATABLES $2,567.05 DUWAYNE KONEWKO 03/23/2017 03/27/2017 CARIBOU COFFEE#1197 $59.95 DUWAYNE KONEWKO 03/20/2017 03/21/2017 BATTERIES PLUS #31 $39.11 NICHOLAS KREKELER 03/17/2017 03/20/2017 THE UPS STORE 2171 $10.64 JESSICA LANDEROS CRUZ 03/29/2017 03/30/2017 DALCO ENTERPRISES $265.98 CHING LO 03/16/2017 03/20/2017 MENARDS OAKDALE MN $68.35 MICHAEL LOCHEN 03/16/2017 03/20/2017 MENARDS OAKDALE MN $146.26 STEVE LUKIN 03/16/2017 03/20/2017 MENARDS OAKDALE MN $18.18 STEVE LUKIN 03/17/2017 03/20/2017 ASPEN MILLS INC.$105.90 STEVE LUKIN 03/17/2017 03/20/2017 ASPEN MILLS INC.$3,164.00 STEVE LUKIN 03/28/2017 03/30/2017 MENARDS MAPLEWOOD MN $11.67 STEVE LUKIN 03/29/2017 03/30/2017 IN *EMERGENCY RESPONSE SO $732.26 STEVE LUKIN 03/29/2017 03/30/2017 IN *EMERGENCY RESPONSE SO $296.96 STEVE LUKIN 03/27/2017 03/29/2017 DOWNTOWNERS CAR WASH - MN $16.13 MICHAEL MONDOR 03/28/2017 03/29/2017 BEST BUY MHT 00000109 ($54.14)MICHAEL MONDOR 03/28/2017 03/29/2017 BEST BUY MHT 00000109 $814.12 MICHAEL MONDOR 03/28/2017 03/29/2017 BEST BUY MHT 00000109 $537.95 MICHAEL MONDOR 03/29/2017 03/31/2017 THE HOME DEPOT #2801 $240.96 MICHAEL MONDOR 03/17/2017 03/20/2017 SITEONE LANDSCAPE S $450.00 BRYAN NAGEL 03/28/2017 03/29/2017 FASTENAL COMPANY01 $19.98 JOHN NAUGHTON 03/28/2017 03/29/2017 FASTENAL COMPANY01 $158.76 JOHN NAUGHTON 03/24/2017 03/27/2017 HENRIKSEN ACE HDWE $7.78 JORDAN ORE 03/24/2017 03/27/2017 ACME TOOLS #220 $9.63 JORDAN ORE 03/27/2017 03/28/2017 OXYGEN SERVICE COMPANY,$32.00 ERICK OSWALD 03/26/2017 03/28/2017 THE HOME DEPOT #2801 $19.98 ROBERT PETERSON 03/17/2017 03/20/2017 AUTO PLUS-LITTLE CANADA $76.70 STEVEN PRIEM 03/17/2017 03/20/2017 AN FORD WHITE BEAR LAK $65.42 STEVEN PRIEM 03/17/2017 03/20/2017 INDUSTRIAL LADDER VILLE P $685.10 STEVEN PRIEM 03/17/2017 03/20/2017 TRI-STATE BOBCAT $11.85 STEVEN PRIEM 03/20/2017 03/21/2017 FASTENAL COMPANY01 $1.71 STEVEN PRIEM 03/20/2017 03/21/2017 AUTO PLUS-LITTLE CANADA $9.37 STEVEN PRIEM 03/21/2017 03/22/2017 RESTORATION AND REPA $150.00 STEVEN PRIEM 03/21/2017 03/22/2017 COMO LUBE AND SUPPLIES $25.00 STEVEN PRIEM 03/21/2017 03/22/2017 AUTO PLUS-LITTLE CANADA $79.95 STEVEN PRIEM 03/21/2017 03/23/2017 EMERGENCY AUTOMOTIVE $280.00 STEVEN PRIEM 03/22/2017 03/23/2017 DOHERTYS AUTO BODY REPAIR $148.18 STEVEN PRIEM 03/22/2017 03/27/2017 H AND L MESABI COMPANY $395.14 STEVEN PRIEM 03/22/2017 03/27/2017 H AND L MESABI COMPANY $708.02 STEVEN PRIEM 03/23/2017 03/23/2017 NSC*NORTHERN SAFETY CO $256.17 STEVEN PRIEM 03/23/2017 03/24/2017 FACTORY MOTOR PARTS #19 $34.03 STEVEN PRIEM 03/23/2017 03/27/2017 ZIEGLER INC COLUMBUS $1,764.28 STEVEN PRIEM 03/24/2017 03/27/2017 WEBER AND TROSETH INC $320.00 STEVEN PRIEM 03/24/2017 03/27/2017 MACQUEEN EQUIPMENT INC $138.56 STEVEN PRIEM 03/27/2017 03/28/2017 FASTENAL COMPANY01 $147.32 STEVEN PRIEM 03/27/2017 03/28/2017 AUTO PLUS-LITTLE CANADA $185.90 STEVEN PRIEM 03/27/2017 03/28/2017 AUTO PLUS-LITTLE CANADA $58.93 STEVEN PRIEM 03/27/2017 03/29/2017 REEDS SALES AND SERVIC $163.80 STEVEN PRIEM 03/27/2017 03/30/2017 GRAY MANUFACTURING CO $166.12 STEVEN PRIEM 03/28/2017 03/29/2017 FASTENAL COMPANY01 $143.23 STEVEN PRIEM 03/28/2017 03/29/2017 AUTO PLUS-LITTLE CANADA $21.99 STEVEN PRIEM G1, Attachments Packet Page Number 67 of 189 03/28/2017 03/29/2017 AUTO PLUS-LITTLE CANADA $5.81 STEVEN PRIEM 03/28/2017 03/29/2017 AUTO PLUS-LITTLE CANADA $259.99 STEVEN PRIEM 03/29/2017 03/30/2017 FASTENAL COMPANY01 ($507.52)STEVEN PRIEM 03/29/2017 03/30/2017 FASTENAL COMPANY01 $507.52 STEVEN PRIEM 03/29/2017 03/30/2017 FASTENAL COMPANY01 $380.00 STEVEN PRIEM 03/30/2017 03/31/2017 AUTO PLUS-LITTLE CANADA $70.21 STEVEN PRIEM 03/22/2017 03/23/2017 AMAZON MKTPLACE PMTS $125.79 AUDRA ROBBINS 03/23/2017 03/27/2017 AMCARNIVALMART-PARTYLN $506.00 AUDRA ROBBINS 03/29/2017 03/30/2017 IN *SAWTOOTH HOLDINGS $254.80 AUDRA ROBBINS 03/23/2017 03/27/2017 MINNESOTA GOVERNMENT FIN $60.00 JOSEPH RUEB 03/23/2017 03/27/2017 MINNESOTA GOVERNMENT FIN $85.00 JOSEPH RUEB 03/30/2017 03/31/2017 HEJNY RENTAL INC $116.62 RICK RUIZ 03/22/2017 03/24/2017 VIKING INDUSTRIAL CENTER $121.00 ROBERT RUNNING 03/29/2017 03/31/2017 VIKING INDUSTRIAL CENTER $247.91 ROBERT RUNNING 03/17/2017 03/20/2017 LILLIE SUBURBAN NEWSPAPER $83.88 DEB SCHMIDT 03/23/2017 03/24/2017 LILLIE SUBURBAN NEWSPAPER $99.13 DEB SCHMIDT 03/30/2017 03/31/2017 LILLIE SUBURBAN NEWSPAPER $638.00 DEB SCHMIDT 03/20/2017 03/22/2017 DOWNTOWNERS CAR WASH - MN $9.14 PAUL SCHNELL 03/30/2017 03/31/2017 PAYPAL *SPIAA $50.00 PAUL SCHNELL 03/17/2017 03/20/2017 REPUBLIC SERVICES TRASH $127.01 SCOTT SCHULTZ 03/17/2017 03/20/2017 SITEONE LANDSCAPE S $540.00 SCOTT SCHULTZ 03/21/2017 03/23/2017 THE HOME DEPOT #2801 $37.24 SCOTT SCHULTZ 03/27/2017 03/29/2017 ON SITE SANITATION INC $58.00 SCOTT SCHULTZ 03/17/2017 03/20/2017 LA POLICE GEAR $32.69 STEPHANIE SHEA 03/22/2017 03/23/2017 WPSG. INC 800-852-6088 $23.58 STEPHANIE SHEA 03/21/2017 03/23/2017 KUSTOM SIGNALS $3,012.00 MICHAEL SHORTREED 03/26/2017 03/28/2017 PAYPAL *USPCAREGION $120.00 MICHAEL SHORTREED 03/26/2017 03/28/2017 PAYPAL *USPCAREGION $50.00 MICHAEL SHORTREED 03/26/2017 03/28/2017 PAYPAL *USPCAREGION $120.00 MICHAEL SHORTREED 03/27/2017 03/28/2017 HTCIA ($75.00)MICHAEL SHORTREED 03/27/2017 03/28/2017 DON'S PAINT & COLLISION $723.05 MICHAEL SHORTREED 03/29/2017 03/29/2017 NETBRANDS MEDIA CORP.$152.99 MICHAEL SHORTREED 03/28/2017 03/29/2017 MINNESOTA STATE COLLEGES $445.00 ANDREA SINDT 03/28/2017 03/30/2017 ON SITE SANITATION INC $61.99 CHRIS SWANSON 03/29/2017 03/30/2017 REPUBLIC SERVICES TRASH $1,302.52 CHRIS SWANSON 03/24/2017 03/27/2017 BCA TRAINING EDUCATION $75.00 TAMMY WYLIE 03/27/2017 03/28/2017 BCA TRAINING EDUCATION $75.00 TAMMY WYLIE 03/27/2017 03/28/2017 BCA TRAINING EDUCATION $75.00 TAMMY WYLIE $40,672.14 G1, Attachments Packet Page Number 68 of 189 Check Description Amount 99519 00213 DOOR REPAIR - MAIN ENTRANCE CH 840.50 99520 00519 REPLACE LIFT CABLES CCTV TRACTOR 42.00 99521 00585 NET BILLABLE TICKETS - MARCH 352.35 99522 00393 MONTHLY SURTAX - MARCH 1230352017 3,476.28 99523 04502 REIMB FOR TUITION & BOOKS 01/09 -02/24 1,470.50 99524 05305 CONTRACT 500-0371999 810.74 05305 CONTRACT 500-0371083 556.54 05305 CONTRACT 500-0395052 237.02 05305 CONTRACT 500-0380041 186.13 05305 CONTRACT 500-0395065 102.07 05305 CONTRACT 500-0373496 74.09 99525 04192 EMS BILLING - MARCH 4,613.92 99526 03334 PATCHING MATERIALS 965.90 99527 01190 ELECTRIC & GAS UTILITY 3,621.03 01190 ELECTRIC & GAS UTILITY 2,592.19 01190 ELECTRIC & GAS UTILITY 315.29 01190 FIRE SIRENS 55.12 99528 05013 REPLACE AIR INTAKE DAMPER - PW 1902 1,929.00 99529 05761 EMPLOYEE MEMBERSHIPS - MARCH 3,471.00 99530 01805 PROJ 09-08 EXCAVATOR RENTAL-KELLER 2,325.00 99531 05801 SRVS FEE-STANDARD PKG-4/2017-3/2018 4,788.00 99532 03310 ADOBE ACROBAT STANDARD 12 MO 93.61 03310 ADOBE ACROBAT STANDARD 12 MO 93.61 03310 ADOBE ACROBAT STANDARD 12 MO 93.61 99533 00412 LEADERSHIP GROWTH GROUP FOWLDS 600.00 99534 05618 LEASE CHARGES FIRE & PD VEHICLES 3,031.74 99535 05594 SRVS FEE PERMI TRACK MS4 APP-2017 1,330.00 99536 00531 PROJ 09-08 CONCRETE RECYCLING CHG 1,127.19 99537 05313 STATIONERY ORDER FOR 2017 2,407.00 05313 STATIONERY ORDER FOR 2017 827.00 05313 STATIONERY ORDER FOR 2017 708.00 05313 STATIONERY ORDER FOR 2017 63.00 99538 02263 ANIMAL IMPOUNDS & SRVS - NOV-MARCH 705.56 99539 02795 PANASONIC TOUGHBOOK 19~18,243.80 99540 04152 GYM RENTAL SENIOR HIGH BBALL 2,130.50 04152 GYM RENTAL SENIOR HIGH BBALL 376.00 04152 GYM RENTAL YOUTH BBALL 333.75 04152 GYM RENTAL YOUTH BBALL 75.00 99541 05533 REPAIRS TO ENGINE #333 1,070.98 05533 REPAIRS TO ENGINE #323 828.87 05533 REPAIRS TO ENGINE #313 668.98 99542 00827 CLAIM DEDUCTIBLE C0024188 (13/14)4,018.38 00827 CLAIM DEDUCTIBLE C0028903 (13/14)3,088.60 99543 00846 PD PHONE-BASED INTERPRETIVE SRVS 7.42 99544 03818 REFUND FOR TRANS MEDIC PATIENT 111.52 99545 05307 PEACE OFFICER LICENSE RENEWALS 1,440.00 99546 00001 REFUND M DOWNEY ACUPUNCTURE 25.00 99547 05153 VOICE NOTIFICATION 05/1/17 - 10/31/17 774.00 99548 05670 CONSULTING SERVICES FOR PD/FIRE 1,169.22 05670 HEALTH CHECK IN FOR FIRE DEPT 954.22 99549 00396 CJDN ACCESS FEE - 1ST QTR JAN-MAR 1,920.00 99550 02008 SALT BRINE 232.17 99551 01340 MEDICAL SUPPLIES 4,279.57 04/18/2017 MN DEPT OF PUBLIC SAFETY 04/18/2017 RAMSEY COUNTY PUBLIC WORKS 04/18/2017 REGIONS HOSPITAL 04/18/2017 PENGUIN MANAGEMENT, INC. 04/18/2017 PETERSON COUNSELING/CONSULTING 04/18/2017 PETERSON COUNSELING/CONSULTING 04/18/2017 MEDICA 04/18/2017 MN BOARD OF PEACE OFFICER 04/18/2017 ONE TIME VENDOR 04/18/2017 L M C I T 04/18/2017 L M C I T 04/18/2017 LANGUAGE LINE SERVICES 04/18/2017 CDW GOVERNMENT INC 04/18/2017 DONALD SALVERDA & ASSOCIATES 04/18/2017 ENTERPRISE FM TRUST 04/18/2017 04/18/2017 INSIGHT PUBLIC SECTOR, INC. 04/18/2017 CDW GOVERNMENT INC CDW GOVERNMENT INC 04/18/2017 GRAPHIC DESIGN, INC. 04/18/2017 GRAPHIC DESIGN, INC. 04/18/2017 KIRVIDA FIRE TOSHIBA FINANCIAL SERVICES (1) 04/18/2017 TOSHIBA FINANCIAL SERVICES (1) 04/18/2017 TOSHIBA FINANCIAL SERVICES (1) 04/18/2017 XCEL ENERGY 04/18/2017 ARCHIVESOCIAL 04/18/2017 XCEL ENERGY 04/18/2017 XCEL ENERGY 04/18/2017 XCEL ENERGY 04/18/2017 YALE MECHANICAL LLC 04/18/2017 YMCA 04/18/2017 ZIEGLER INC. FOUNDATION BUSINESS SYSTEMS 04/18/2017 FRA-DOR INC. 04/18/2017 TOSHIBA FINANCIAL SERVICES (1) 04/18/2017 TOSHIBA FINANCIAL SERVICES (1) 04/18/2017 04/18/2017 BREDEMUS HARDWARE CO INC 04/18/2017 FLEXIBLE PIPE TOOL CO. BRADLEY REZNY 04/18/2017 GOPHER STATE ONE-CALL 04/18/2017 MN DEPT OF LABOR & INDUSTRY 04/18/2017 TOSHIBA FINANCIAL SERVICES (1) 04/18/2017 TRANS-MEDIC 04/18/2017 UNIQUE PAVING MATERIALS CORP 04/18/2017 04/18/2017 KIRVIDA FIRE 04/18/2017 Check Register City of Maplewood 04/14/2017 Date Vendor KIRVIDA FIRE 04/18/2017 GRAPHIC DESIGN, INC. 04/18/2017 GRAPHIC DESIGN, INC. 04/18/2017 HILLCREST ANIMAL HOSPITAL PA 04/18/2017 ISD 622 COMMUNITY EDUCATION 04/18/2017 ISD 622 COMMUNITY EDUCATION 04/18/2017 ISD 622 COMMUNITY EDUCATION 04/18/2017 ISD 622 COMMUNITY EDUCATION 04/18/2017 G1, Attachments Packet Page Number 69 of 189 99552 02001 LICENSES OF AIRWATCH MOBILE DEVICE 5,100.00 02001 MCAFEE ANTIVIRUS COVERAGE 2017 2,800.00 99553 04563 2017 A/B BOND SERVICES 12,600.00 99554 04207 NEW AMB POWER STRETCHER 14,910.84 04207 RETROFIT KITS 1,411.40 04207 RETROFIT KIT 705.70 04207 O2 HOLDER KITS 464.49 99555 01550 ELECTRICAL INSPECTIONS - MARCH 2,032.80 99556 01561 TRUCK ORGANIZER CASES- RESERVES 40.00 99557 05541 HWY 61 & CO RD B STATION MPCA WORK 1,226.51 99558 05578 ARTIST COMPENSATION (GRANT)8,844.5604/18/2017 Z PUPPETS ROSENSCHNOZ 135,789.2740Checks in this report. 04/18/2017 STRYKER SALES CORP. 04/18/2017 STRYKER SALES CORP. 04/18/2017 SUMMIT INSPECTIONS 04/18/2017 SURPLUS SERVICES 04/18/2017 WENCK ASSOCIATES, INC. 04/18/2017 CITY OF ROSEVILLE 04/18/2017 CITY OF ROSEVILLE 04/18/2017 S&P GLOBAL RATINGS 04/18/2017 STRYKER SALES CORP. 04/18/2017 STRYKER SALES CORP. G1, Attachments Packet Page Number 70 of 189 Settlement Date Payee Description Amount 4/10/2017 MN State Treasurer Drivers License/Deputy Registrar 65,301.45 4/10/2017 U.S. Treasurer Federal Payroll Tax 95,297.87 4/10/2017 P.E.R.A.P.E.R.A.99,955.68 4/10/2017 MN State Treasurer State Payroll Tax 20,364.04 4/10/2017 Labor Unions Union Dues 2,197.30 4/10/2017 MidAmerica - ING HRA Flex plan 15,470.90 4/10/2017 Empower - State Plan Deferred Compensation 29,259.00 4/11/2017 MN State Treasurer Drivers License/Deputy Registrar 65,208.57 4/12/2017 MN State Treasurer Drivers License/Deputy Registrar 17,847.12 4/12/2017 Delta Dental Dental Premium 1,034.31 4/13/2017 MN State Treasurer Drivers License/Deputy Registrar 56,919.96 4/14/2017 MN State Treasurer Drivers License/Deputy Registrar 59,201.20 528,057.40 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 71 of 189 CHECK #CHECK DATE EMPLOYEE NAME 118.95 XIONG, TOU 456.30 1,908.60 04/07/17 DEBILZAN, JUDY 2,327.39 AMOUNT 04/07/17 04/07/17 OSWALD, BRENDA 2,168.06 04/07/17 PAULSETH, ELLEN 4,694.56 04/07/17 HERZOG, LINDSAY 1,376.78 04/07/17 RAMEAUX, THERESE 3,381.92 04/07/17 JAHN, DAVID 2,262.92 04/07/17 PRINS, KELLY 2,305.39 04/07/17 WEAVER, KRISTINE 2,816.40 04/07/17 CORCORAN, THERESA 2,084.89 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount 04/07/17 BEGGS, REGAN 2,891.02 04/07/17 EVANS, CHRISTINE 2,082.59 04/07/17 RUEB, JOSEPH 3,416.50 04/07/17 ARNOLD, AJLA 2,021.23 04/07/17 ANDERSON, CAROLE 04/07/17 SCHNELL, PAUL 5,379.15 04/07/17 SHEA, STEPHANIE 1,721.00 04/07/17 HENDRICKS, JENNIFER 1,598.40 04/07/17 KVAM, DAVID 4,641.49 04/07/17 ABEL, CLINT 3,224.58 04/07/17 ALDRIDGE, MARK 3,488.96 04/07/17 SHORTREED, MICHAEL 4,511.95 04/07/17 WYLIE, TAMMY 1,926.60 04/07/17 BELDE, STANLEY 3,488.96 04/07/17 BENJAMIN, MARKESE 3,291.26 04/07/17 BAKKE, LONN 3,778.67 04/07/17 BARTZ, PAUL 3,472.23 04/07/17 BUSACK, DANIEL 4,052.92 04/07/17 CARNES, JOHN 397.40 04/07/17 BERGERON, ASHLEY 2,083.57 04/07/17 BIERDEMAN, BRIAN 3,798.67 04/07/17 DUGAS, MICHAEL 3,861.81 04/07/17 CROTTY, KERRY 4,251.22 04/07/17 DEMULLING, JOSEPH 3,771.73 04/07/17 RICHTER, CHARLENE 1,822.43 04/07/17 VITT, SANDRA 1,651.89 04/07/17 MOY, PAMELA 1,870.63 04/07/17 OSTER, ANDREA 2,091.82 04/07/17 CRAWFORD, LEIGH 2,043.39 04/07/17 LARSON, MICHELLE 2,082.60 04/07/17 SCHMIDT, DEBORAH 3,346.37 04/07/17 SINDT, ANDREA 3,060.57 ABRAMS, MARYLEE 456.30 04/07/17 KNUTSON, LOIS 2,579.60 04/07/17 CHRISTENSON, SCOTT 2,258.21 04/07/17 COLEMAN, MELINDA 6,352.67 04/07/17 FUNK, MICHAEL 5,467.75 04/07/17 JUENEMANN, KATHLEEN 456.30 04/07/17 SLAWIK, NORA 518.43 04/07/17 SMITH, BRYAN 456.30 04/07/17 G1, Attachments Packet Page Number 72 of 189 04/07/17 ERICKSON, VIRGINIA 3,864.31 04/07/17 FRITZE, DEREK 3,336.02 04/07/17 GABRIEL, ANTHONY 3,521.73 04/07/17 FISHER, CASSANDRA 2,107.39 04/07/17 FORSYTHE, MARCUS 3,110.23 04/07/17 HIEBERT, STEVEN 3,746.48 04/07/17 HOEMKE, MICHAEL 385.28 04/07/17 HAWKINSON JR, TIMOTHY 3,487.00 04/07/17 HER, PHENG 3,334.73 04/07/17 JOHNSON, KEVIN 4,006.13 04/07/17 KONG, TOMMY 3,224.58 04/07/17 HOFMEISTER, TIMOTHY 496.00 04/07/17 JAMES JR, JUSTIN 464.00 04/07/17 LANDEROS CRUZ, JESSICA 464.00 04/07/17 LANGNER, SCOTT 3,224.58 04/07/17 KREKELER, NICHOLAS 1,058.39 04/07/17 KROLL, BRETT 3,224.58 04/07/17 MARINO, JASON 3,343.44 04/07/17 MCCARTY, GLEN 3,525.95 04/07/17 LANGNER, TODD 3,582.33 04/07/17 LYNCH, KATHERINE 3,295.34 04/07/17 MOE, AEH BEL 232.00 04/07/17 MULVIHILL, MARIA 2,804.42 04/07/17 METRY, ALESIA 3,804.62 04/07/17 MICHELETTI, BRIAN 3,097.66 04/07/17 OLSON, JULIE 3,459.48 04/07/17 PARKER, JAMES 3,271.73 04/07/17 NYE, MICHAEL 3,861.81 04/07/17 OLDING, PARKER 2,987.71 04/07/17 SLATER, BENJAMIN 3,111.59 04/07/17 STARKEY, ROBERT 2,156.26 04/07/17 PETERSON, JARED 2,500.35 04/07/17 REZNY, BRADLEY 3,551.32 04/07/17 TAUZELL, BRIAN 3,349.47 04/07/17 THIENES, PAUL 3,861.81 04/07/17 STEINER, JOSEPH 3,583.61 04/07/17 SYPNIEWSKI, WILLIAM 3,224.58 04/07/17 XIONG, KAO 3,224.58 04/07/17 XIONG, TUOYER 464.00 04/07/17 VANG, PAM 2,694.48 04/07/17 WENZEL, JAY 3,283.54 04/07/17 BAHL, DAVID 405.56 04/07/17 BASSETT, BRENT 347.82 04/07/17 ZAPPA, ANDREW 2,743.97 04/07/17 ANDERSON, BRIAN 188.81 04/07/17 BOURQUIN, RON 874.20 04/07/17 CAPISTRANT, JOHN 359.23 04/07/17 BAUMAN, ANDREW 5,211.21 04/07/17 BEITLER, NATHAN 513.46 04/07/17 CRUMMY, CHARLES 231.88 04/07/17 DABRUZZI, THOMAS 3,219.98 04/07/17 COREY, ROBERT 43.07 04/07/17 CRAWFORD - JR, RAYMOND 4,783.34 04/07/17 HAGEN, MICHAEL 188.81 04/07/17 HALE, JOSEPH 590.96 04/07/17 DAWSON, RICHARD 3,601.62 04/07/17 EVERSON, PAUL 3,569.25 04/07/17 HUTCHINSON, JAMES 81.12 04/07/17 IMM, TRACY 99.38 04/07/17 HALWEG, JODI 2,984.54 04/07/17 HAWTHORNE, ROCHELLE 2,944.87 G1, Attachments Packet Page Number 73 of 189 04/07/17 KERSKA, JOSEPH 682.39 04/07/17 KONDER, RONALD 841.38 04/07/17 KANE, ROBERT 826.58 04/07/17 KARRAS, JAMIE 884.44 04/07/17 LINDER, TIMOTHY 3,296.93 04/07/17 LOCHEN, MICHAEL 653.44 04/07/17 KUBAT, ERIC 3,101.68 04/07/17 LANDER, CHARLES 2,413.72 04/07/17 MORGAN, JEFFERY 423.33 04/07/17 NEILY, STEVEN 26.50 04/07/17 MERKATORIS, BRETT 506.82 04/07/17 MONDOR, MICHAEL 4,480.47 04/07/17 NOWICKI, PAUL 215.31 04/07/17 O'GARA, GEORGE 344.50 04/07/17 NIELSEN, KENNETH 455.78 04/07/17 NOVAK, JEROME 3,467.38 04/07/17 PETERSON, ROBERT 3,315.82 04/07/17 POWERS, KENNETH 2,914.42 04/07/17 OPHEIM, JOHN 370.80 04/07/17 PACHECO, ALPHONSE 636.00 04/07/17 SAUERWEIN, ADAM 645.95 04/07/17 SEDLACEK, JEFFREY 3,160.26 04/07/17 RANGEL, DERRICK 185.50 04/07/17 RODRIGUEZ, ROBERTO 2,618.86 04/07/17 TROXEL, REID 397.51 04/07/17 ZAPPA, ERIC 2,895.32 04/07/17 STREFF, MICHAEL 3,140.74 04/07/17 SVENDSEN, RONALD 4,115.70 04/07/17 LUKIN, STEVEN 5,088.01 04/07/17 CORTESI, LUANNE 2,082.59 04/07/17 GERVAIS-JR, CLARENCE 4,367.89 04/07/17 LO, CHING 1,060.18 04/07/17 BUCKLEY, BRENT 2,484.53 04/07/17 DOUGLASS, TOM 1,942.59 04/07/17 JANASZAK, MEGHAN 2,343.36 04/07/17 BRINK, TROY 2,611.59 04/07/17 MEISSNER, BRENT 2,369.69 04/07/17 NAGEL, BRYAN 4,045.40 04/07/17 EDGE, DOUGLAS 2,974.24 04/07/17 JONES, DONALD 2,387.99 04/07/17 RUNNING, ROBERT 2,609.29 04/07/17 TEVLIN, TODD 2,419.99 04/07/17 OSWALD, ERICK 2,432.30 04/07/17 RUIZ, RICARDO 2,155.29 04/07/17 ENGSTROM, ANDREW 3,024.49 04/07/17 JAROSCH, JONATHAN 3,521.80 04/07/17 BURLINGAME, NATHAN 2,744.00 04/07/17 DUCHARME, JOHN 3,003.92 04/07/17 THOMPSON, MICHAEL 5,479.51 04/07/17 ZIEMAN, SCOTT 176.00 04/07/17 LINDBLOM, RANDAL 3,003.93 04/07/17 LOVE, STEVEN 4,442.23 04/07/17 HINNENKAMP, GARY 2,586.40 04/07/17 NAUGHTON, JOHN 2,384.95 04/07/17 HAMRE, MILES 2,102.40 04/07/17 HAYS, TAMARA 2,155.29 04/07/17 GERNES, CAROLE 1,722.99 04/07/17 HER, KONNIE 382.50 04/07/17 ORE, JORDAN 2,155.29 04/07/17 BIESANZ, OAKLEY 1,869.39 04/07/17 HUTCHINSON, ANN 2,930.89 G1, Attachments Packet Page Number 74 of 189 309.48 499.00 99102664 99102665 04/07/17 WOLFE, KAYLA 72.00 04/07/17 GAYNOR, VIRGINIA 3,583.43 04/07/17 WACHAL, KAREN 1,053.96 04/07/17 KROLL, LISA 2,092.89 04/07/17 FINWALL, SHANN 3,514.99 04/07/17 JOHNSON, ELIZABETH 1,774.59 04/07/17 KONEWKO, DUWAYNE 5,242.36 04/07/17 SWAN, DAVID 3,056.49 04/07/17 SWANSON, CHRIS 2,210.59 04/07/17 MARTIN, MICHAEL 3,609.86 04/07/17 BRASH, JASON 3,321.59 04/07/17 BJORK, BRANDON 60.38 04/07/17 BRENEMAN, NEIL 2,610.16 04/07/17 WEIDNER, JAMES 2,383.39 04/07/17 WELLENS, MOLLY 1,936.73 04/07/17 ROBBINS, AUDRA 3,677.59 04/07/17 ROBBINS, CAMDEN 218.50 04/07/17 ETTER, LAURA 155.00 04/07/17 NEUMANN, BRAD 235.13 04/07/17 FAIRBANKS, GEORGE 3,320.80 04/07/17 ADAMS, DAVID 2,340.00 04/07/17 VUKICH, CANDACE 25.63 04/07/17 BERGO, CHAD 3,838.11 04/07/17 SCHULTZ, SCOTT 4,002.21 04/07/17 WILBER, JEFFREY 2,266.68 04/07/17 HAAG, MARK 2,611.59 04/07/17 JENSEN, JOSEPH 1,960.09 3,441.36 04/07/17 WOEHRLE, MATTHEW 2,489.56 04/07/17 XIONG, BOON 2,007.29 04/07/17 WISTL, MOLLY 357.75 04/07/17 PRIEM, STEVEN 2,666.30 500,718.32 04/07/17 HANSON, MELISSA 1,322.18 04/07/17 VANG, DONNA 210.00 04/07/17 GERONSIN, ALEXANDER 2,163.50 04/07/17 RENNER, MICHAEL 2,127.78 04/07/17 FOWLDS, MYCHAL 4,918.45 04/07/17 FRANZEN, NICHOLAS G1, Attachments Packet Page Number 75 of 189 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: April 17, 2017 SUBJECT: Approval of Voran Properties Addition Final Plat, Maplewood Alzheimer’s Special Care Center, 1700 Beam Avenue Introduction JEA Development and Maplewood Care Group LLC are proposing to build a 34,491 square foot memory care facility on a vacant lot located on the south side of Beam Avenue, west of the existing US Bank building (1760 Beam Avenue). The address of the facility will be 1700 Beam Avenue. There will be 50 units that accommodate 66 residents with Alzheimer’s, dementia, and related memory issues. The project requires a plat to create four new lots. Lot 1 will be developed with the Alzheimer’s Special Care Center, Lot 2 will remain vacant for future development, and Lots 3 and 4 will be created for the existing buildings on the site (US Bank and Outback Steak). Background November 28, 2016: The city council approved a preliminary plat, conditional use permit, design review, and a 59-parking space parking waiver for the Maplewood Alzheimer’s Special Care Center. Discussion DeSoto Associates, LLC owns the 7.62 acre property. The owner currently leases land to US Bank and Outback Steak for their businesses that are located on the eastern portion of the lot. To accommodate the sale of the land and development of the Maplewood Alzheimer’s Special Care Center, the property will be platted to subdivide the property into four lots: Lot 1 (136,978 square feet) will be developed as the Maplewood Alzheimer’s Special Care Center. Lot 2 (68,882 square feet) will remain vacant for future development. Lot 3 (49,490 square feet) will include the existing US Bank building. Lot 4 (74,363 square feet) will include the existing Outback Steak building. Conditions of the preliminary plat include the following easements: cross access, parking, and sidewalk easements. Those easement documents have been drafted and signed, and are ready to be recorded with the county along with the final plat. The applicants are prepared to begin grading of the site. Closing on the sale of the Alzheimer’s Special Care Center lot (Lot 1 - 1700 Beam Avenue) is scheduled for April 28, 2017. G2 Packet Page Number 76 of 189 2 Commission Review November 15, 2016: The planning commission reviewed and recommended approval of the preliminary plat, conditional use permit, and a 59-parking space parking waiver for the Maplewood Alzheimer’s Special Care Center. November 15, 2016: The community design review board reviewed and recommended approval of the design review for the Maplewood Alzheimer’s Special Care Center. Budget Impact None. Recommendation Approve the Voran Properties Addition final plat, Maplewood Alzheimer’s Special Care Center, 1700 Beam Avenue, subject to the following conditions which were attached to the preliminary plat approval: 1. Submit to staff a revised plat which shows the easterly lot line for Lot 2 shifted to the west to ensure the existing parking lot on Lot 3 meets the required five foot setback. Alternatively, the applicants can submit: a) a parking easement; or b) revised site plan showing how the existing parking lot on Lot 3 is reconstructed to meet the five-foot setback. 2. Submit to staff copies of the executed cross access agreements for Lots 1 through 4. 3. Comply with the conditions of approval in Jon Jarosch’s city engineering report dated October 31, 2016, and Erin Laberee’s county engineering report dated November 17, 2016, attached to this report. 4. Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated November 8, 2016, attached to this report. Attachments 1. Location Map 2. Land Use Map 3. Zoning Map 4. Voran Properties Addition Preliminary Plat 5. Engineering Report 6. Environmental Report 7. Voran Properties Addition Final Plat G2 Packet Page Number 77 of 189 Hazelwood Hillside Beaver Lake Parkside Highwood Gladstone Battle Creek Sherwood Glen Vista Hills Kohlman Lake Western Hills Maplewood Heights Carver Ridge Maplewood, City of Maplewood Maplewood, Source: Esri, DigitalGlobe, GeoEye,Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, andthe GIS User Community, Esri, HERE, DeLorme,MapmyIndia, © OpenStreetMap contributors, and theGIS user community 1760 Beam Avenue East - JEA Senior Living Overview Map G2, Attachment 1 Packet Page Number 78 of 189 Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,swisstopo, and the GIS User Community, Esri, HERE, DeLorme,MapmyIndia, © OpenStreetMap contributors, and the GIS user community 1760 Beam Avenue East - JEA Senior Living Land Use Map Legend Medium Density ResidentialOpen SpaceCommercial Low Density Residential G2, Attachment 2 Packet Page Number 79 of 189 Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,swisstopo, and the GIS User Community, Esri, HERE, DeLorme,MapmyIndia, © OpenStreetMap contributors, and the GIS user community 1760 Beam Avenue East - JEA Senior Living Zoning Map Legend Open Space/Park Double Dwelling (r2) Multiple Dwelling (r3) Farm (f) Business Commercial Modified (bcm)Business Commercial (bc) Single Dwelling (r1) G2, Attachment 3 Packet Page Number 80 of 189 G2, Attachment 4 Packet Page Number 81 of 189 Engineering Plan Review PROJECT: Maplewood Alzheimer’s Special Care Center PROJECT NO: 16-33 COMMENTS BY: Jon Jarosch, P.E. – Staff Engineer DATE: 10-31-2016 PLAN SET: Engineering plans dated 9-28-2016 REPORTS: Storm Water Management Report – Dated 9-16-2016 The applicant is proposing to construct a memory care facility on a vacant lot west of the existing US Bank along the south side of Beam Avenue. The applicant is requesting a review of the current design. As the amount of disturbance on this site is greater than 0.5 acre, the applicant is required to meet the City’s stormwater quality, rate control, and other stormwater management requirements. The applicants proposed design meets the City’s requirements via the use of infiltration basins along Beam Avenue, as well as an underground filtration system near the southeast corner of the property. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review. The following are engineering review comments on the design and act as conditions prior to issuing permits. Drainage and Stormwater Management 1)The project shall be submitted to the Ramsey-Washington Metro Watershed District (RW MWD ) for review. All conditions of the RWMW D shall be met. Permit coverage from the RWMWD is required prior to the issuance of a City grading permit. 2)Emergency overland overflows shall be identified on the plans for the low area at the south side of the building. Overflows shall contain adequate protection to prevent erosion. 3)Pre-treatment devices shall be installed upstream of all onsite water quality features including the filtration basins and underground filtration system. Sumps shall be 3-feet or greater in depth. 4)High water level for the proposed StormTrap system shall be shown on the grading plan. 5)Cleanouts shall be installed at all bend locations for the proposed draintile. G2, Attachment 5 Packet Page Number 82 of 189 6)The pipe discharging near the southeast corner of the property shall be extended, or have adequate scour protection extended, to the normal water level of the neighboring pond. Grading and Erosion Control 7)Silt fencing along the south side of the site shall be heavy-duty mesh backed or double- row standard silt fence to protect the neighboring ponding areas. It is also recommended that woodchips generated from onsite tree and brush clearing be used in this area to capture eroded sediment and slow runoff. 8)Grading along the retaining walls at the south end of the proposed building shall be shown on the plans. 9)All slopes shall be 3H:1V or flatter. 10)Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils onsite are stabilized. This includes storm sewer on adjacent streets that could potentially receive construction related sediment or debris. 11)Adjacent streets and parking areas shall be swept as needed to keep the pavement clear of sediment and construction debris. 12)All pedestrian facilities shall be ADA compliant. 13)A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. 14)The total grading volume (cut/fill) shall be noted on the plans. 15)A building permit is needed for retaining walls over 4-feet in height. 16)Cross-access agreements shall be provided to the City detailing the rights and responsibilities of the four proposed lots. Sanitary Sewer and Water Service 17)The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. A SAC determination is required prior to the issuance of permits. 18)The applicant shall meet all requirements of Saint Paul Regional Water Services as noted below. G2, Attachment 5 Packet Page Number 83 of 189 a.The watermain stub for the future development shall include a valve just south of the tap for the proposed Alzheimer’s Clinic. b.Add Note: W ater services to be installed according to SPRWS “Standards for the Installation of Water Mains.” c.Add Note: A four-sided trench box is required on all excavations deeper than 5 feet where underground work or inspection is to be performed by SPRWS. Ladders are required and must extend 3 feet above the surface of the trench. Sidewalks, pavements, ducts and appurtenant structures shall not be undermined unless a support system or another method of protection is provided. Trenches in excess of 20 feet in depth must be signed off by a registered professional engineer. Excavated material must be kept a minimum of 2 feet from the edge of the trench. d.Add Note: Maintain 8 feet of cover over all water mains and services. e.Add Note: Pipe material for 8” Ductile Iron Pipe must be Class 52, Pipe material for 6” and 4” Ductile Iron Pipe must be Class 53. The exterior of ductile iron pipe shall be coated with a layer of arc-sprayed zinc per ISO 8179. The interior cement mortar lining shall be applied without asphalt seal coat. f.Add Note: Pipe must be wrapped in V-Bio Polywrap encasement. g.Add Note: Maintain 3 feet vertical separation between water and sewer pipes or a 12 inch separation with 4 inch high density insulation per SPRWS Standard Plate D-10 for typical water main offsets. h.Add Note: All pipe work inside of property to be performed by a plumber licensed by the State of Minnesota and Certified by the City of Saint Paul. SPRWS requires separate outside and inside plumbing permits for each new water service. i.Add Note: All unused existing water services to be cut off by SPRWS. Excavation and restoration by owner’s contractor. j.Add Note: Water facility pipework within right of way to be installed by SPRWS. Excavation and restoration by owner’s contractor. k.Add Note: The contractor providing excavation is responsible for obtaining all excavation and obstruction permits required by any governing authority. Ramsey County Comments 19)The applicant shall work with the City and Ramsey County to meet the requirements as set forth in the attached letter from Erin Laberee, Ramsey County Traffic Engineer. G2, Attachment 5 Packet Page Number 84 of 189 Public Works Permits The following permits are required by the Maplewood Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 20)Grading and erosion control permit 21)Sanitary Sewer Service Permit 22)Storm Sewer Permit - END COMMENTS - G2, Attachment 5 Packet Page Number 85 of 189 November 17, 2016 Jon Jarosch City of Maplewood 1902 County Road B East Maplewood, MN 55109 Re: Alzheimer’s Special Care Center Dear Mr. Jarosch, Thank you for allowing the County to review plans for the Alzheimer’s Special Care Center. Beam Avenue is a County State Aid Road with approximately 15,000 vehicles per day. Access management improves safety and traffic flow. The plans propose a new driveway access onto Beam Avenue. Ideally, access to the Care Center would come from the shared driveway to the east. In discussing the site with the developer, the west access is critical to the Care Center’s operations. The west access will be allowed as a right in and right out. The site plans shows lot splits for the Care Center, the vacant lot, US Bank and Outback Steakhouse. When the vacant lot develops, the construction of a right turn lane will be required at the shared driveway. Ramsey County will construct the turn lane in 2017 and enter into an agreement with the City of Maplewood for reimbursement. The City should ensure though the developers agreement that funding is provided by the Care Center for the turn lane. Please note that a right of way permit will be required for any construction activity occurring within the County’s right of way. Please contact Doug Heidemann at 651‐266‐7186 or douglas.heidemann@co.ramsey.mn.us to discuss permit requirements. Sincerely, Erin Laberee, PE Traffic Engineer G2, Attachment 5 Packet Page Number 86 of 189 Environmental Review Project: Maplewood Alzheimer’s Special Care Center Date of Plans: September 28, 2016 Date of Review: November 8, 2016 Location: Vacant lot located on the south side of Beam Avenue, west of the existing US Bank building (1760 Beam Avenue) Reviewer: Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall@maplewoodmn.gov Virginia Gaynor, Natural Resources Coordinator (651) 249-2416, virginia.gaynor@maplewoodmn.gov Project Background JEA Development and Maplewood Care Group, LLC, are proposing to build a 34,491 square foot memory care facility to accommodate 66 residents. There is a Manage C wetland located to the south of the property, within the City’s open space property. There are several significant trees on the property. The applicant proposes to install three infiltration basins with native seeding. The applicant must comply with the City’s wetland and tree preservation ordinances and native seeding/planting policy. 1.Wetland a.Wetland Ordinance: The wetland ordinance requires a 50-foot buffer for a Manage C wetland. No building, grading, or stormwater structures can be located within the buffer. b.Wetland Impacts: The wetland map reflects that the edge of the Manage C wetland and required 50-foot buffer are entirely on the City’s open space property, outside of the subject property. Therefore, the development will not encroach on the wetland buffer, meeting the City’s wetland buffer requirements. c.Wetland Conditions: None 2.Trees a.Tree Preservation Ordinance: Maplewood’s tree preservation ordinance describes a significant tree as a hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. A specimen tree is defined as a healthy tree of any species which is 28 inches in diameter or greater. The ordinance requires any significant tree removed to be replaced based on a tree mitigation calculation. The calculation takes into account the size of a tree and bases replacement G2, Attachment 6 Packet Page Number 87 of 189 on that size. The calculation also allows credits to the final tree replacement amount for preserving specimen trees (defined as a healthy tree that is 28 inches in diameter or greater). b.Tree Impacts: There are 35 significant trees equaling 629.5 diameter inches on the property. Five of the trees are considered specimen trees - trees with a diameter greater than 28 inches. The applicant is removing 12 significant trees, which includes two of the specimen trees, equaling 243.5 diameter inches. The City’s tree replacement calculation requires the applicant to replace 64.05 caliper inches of trees, or 32 trees - 2-inch trees. The applicant’s planting plan includes substantial landscaping with 98 trees, for a total of 266 caliper inches of trees, exceeding the City’s tree replacement requirements. c.Tree Preservation Recommendations: 1.Submit a revised tree mitigation plan which reflects the accurate tree mitigation/replacement calculation (adopted as part of the December 2015 tree preservation ordinance). This calculation allows a credit for specimen trees preserved as part of the development (A = total diameter inches of significant trees lost, B = total diameter inches of significant trees on the lot, C = tree replacement constant (1.5), D = total diameter inches of specimen trees preserved, E = required replacement trees; ((A/B - .20) X C) x A – (D/2) = E. The applicant used the City’s previous tree replacement calculation that did not include the specimen tree credit. 2.Submit a tree preservation plan which shows how the trees scheduled to be preserved will be protected during development per the City’s tree standards. 3.The applicant shall submit a cash escrow or letter of credit to cover 150% of the tree replacement requirements. 3.Infiltration Basins a.Infiltration Basins Proposed: There are three infiltration basins on the front of the property, adjacent Beam Avenue. b.City Infiltration Basin Planting Requirements: Large infiltration basins will ideally be planted with deep-rooted native plants. The City requires a portion of the basin to be planted rather than seeded. Using plants rather than seeds hastens establishment and provides a better chance of successful establishment. Basin bottoms and lower elevations almost never establish successfully from seed since the seed is washed away when stormwater flows into the basin. G2, Attachment 6 Packet Page Number 88 of 189 c.Infiltration Basin Recommendations: 1.Provide a landscape plan for each infiltration basin, including a list of species, container size, spacing, and quantities to be approved by City staff. 2.For any area using a native seed mix (ex: pond slopes), provide information on maintenance for planting year and years two and three, addressing what maintenance activities will be required and what entity (developer, owner, etc.) will take on this responsibility. G2, Attachment 6 Packet Page Number 89 of 189 G2, Attachment 7 Packet Page Number 90 of 189 G2, Attachment 7 Packet Page Number 91 of 189 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: April 14, 2017 SUBJECT: Approval of a Conditional Use Permit Review, CarMax, 1325 Beam Avenue East Introduction The conditional use permit (CUP) for the CarMax Automobile Dealership located at 1325 Beam Avenue East is due for its annual review. CarMax consists of used auto sales and auto repair which required a CUP by city ordinance. CarMax was built as part of the Mogren Retail Addition, which consisted of four building sites. Costco has been built on one of the sites, but the city has not received any development proposals for the remaining two sites. Background December 12, 2006: The Community Design Review Board (CDRB) recommended approval of the CarMax plans. December 18, 2006: The city council approved a CUP for a PUD, the preliminary plat and approved the design plans. The council also adopted a resolution ordering the public improvements for the Mogren Retail Addition, which was then called the CarMax/Mogren Addition. January 9, 2007: The CDRB reviewed revisions to the building elevations and approved those changes. February 12, 2007: The city council approved the final plat. January 14, 2008, March 9, 2009, March 8, 2010, February 28, 2011, February 27, 2012, February 25, 2013, March 24, 2014, March 23, 2015 and April 11, 2016: The city council reviewed the CUP for this PUD and moved to review this permit again in one year. Code Requirement Section 44-1100 (a) of the city ordinances requires the periodic review of CUPs. This ordinance allows the council to specify a specific term or an indefinite term for subsequent reviews. Annual reviews are typical. G3 Packet Page Number 92 of 189 Discussion All building construction work on the site has been finished and the property is meeting all the major requirements outlined in the conditional use permit. There are some plantings in the infiltration basin that need to be reseeded this spring and the applicant has agreed to do this work. Staff will follow up in one year to ensure all new vegetation has been planted and has survived. Budget Impact None Recommendation Staff recommends reviewing the CarMax conditional use permit again in one year. Attachments 1. Location Map 2. Project Site Plan 3. December 18, 2006 PUD conditions G3 Packet Page Number 93 of 189 N Legacy Park P!l j fl) Attachment] 611 z ------ w WOMMOM A T-O& 17 G3, Attachment 1 Packet Page Number 94 of 189 1 7d m G3, Attachment 2 Packet Page Number 95 of 189 Attachment 11 CONDITIONAL USE PERMIT RESOLUTION FOR A PLANNED UNIT DEVELOPMENT WHEREAS, Carmax and Bruce Mogren applied for a conditional use permit for a planned unit development to develop a Carmax used -car dealership on the former Country View Golf Course property; WHEREAS, this permit applies to the northeast corner of Beam Avenue and Highway 61. The legal description is: Lot 1, Carmax /Mogren Addition WHEREAS, the history of this conditional use permit is as follows: On December 5, 2006, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this conditional use permit. 2. The city council reviewed this request on December 18, 2006. The council considered the reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council the above - described conditional use permit revision because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. W . G3, Attachment 3 Packet Page Number 96 of 189 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. 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. The development shall follow the plans date - stamped October 20, 2006, except where the city requires changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. This approval permits the development of the Carmax site subject to the conditions of the city council. The future development sites are not approved at this time. The developers of these sites must submit all necessary applications and materials for evaluation of those plans as required by the city ordinance. 5. If the watershed district allows their twin drainage pipes to be relocated above grade as an open channel, the PUD shall also require that all developments within the Carmax /Mogren Addition actively and regularly pick up all litter from their parking lots to keep debris from entering this open channel. 6. The applicants shall comply with the requirements in the Engineering Plan Review dated November 21, 2006, by Erin Laberee and Michael Thompson. 7. The applicants shall also comply with the requirements listed in these plan - review reports as follows: The Drainage and Wetland Report by DuWayne Konewko dated November 22, 2006. The wetland and rainwater garden landscaping comments by Ginny Gaynor dated November 22, 2006. i • G3, Attachment 3 Packet Page Number 97 of 189 The watershed district comments by Tina Carstens dated November 21, 2006. 8. The outdoor vehicle storage area is allowed. The outward - facing fagade of the screening wall shall be brick to match the building. 9. The pervious paving method proposed within the shoreland boundary area shall meet the requirements of the shoreland ordinance. This shall be subject to the approval of the city engineer. 10. Vehicle transports shall not use public right -of -way for loading or unloading. 11. The site plan shall be revised for the city engineer's approval relocating the Highway 61 driveway to the north at County Road D. This driveway shall be located as far east as possible. This driveway shall remain gated at all times except when needed for vehicle test drives which is its proposed and permitted use. 12. The dealership shall not store any materials or supplies on the outside of the building, except for what they store in the dumpster enclosure. 13. The dealership shall only park vehicles on designated paved surfaces. 14. The applicants shall obtain any required permits from the Ramsey Washington Metro Watershed District, Ramsey County and the State of Minnesota and meet the requirements of those agencies. 15. The site plan shall be revised to move the driveway on Beam Avenue as far to the east as possible. This revision shall be subject to the approval of the city engineer. 16. The city engineer shall get the necessary approvals for wetland mitigation from the watershed district as part of the public improvements needed for this subdivision and development as stated in the report by DuWayne Konewko, Environmental Management Specialist. 17. All buildings, paving, unneeded utilities, etc. within the proposed subdivision shall be demolished and removed from the site by the applicants. 18. The applicants shall provide all development agreements, maintenance agreements and escrows required by the city. These agreements shall be executed and escrows paid before the issuance of building permits. The Maplewood City Council approved this resolution on 12006. ME G3, Attachment 3 Packet Page Number 98 of 189 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Andrea Sindt, City Clerk DATE: April 17, 2017 SUBJECT: Approval of Use Agreement of Harvest Park for the 2017 Susan G. Komen Twin Cities 3-Day Event Introduction Nancy G. Brinker promised her dying sister, Susan G. Komen, she would do everything in her power to end breast cancer forever. In 1982, that promise became the Susan G. Komen for the Cure and launched the global breast cancer movement. Today, Susan G. Komen for the Cure is the world's largest grassroots network of breast cancer survivors and activists fighting to save lives, empower people, ensure quality care for all and energize science to find the cures. Background For the past ten years, the Susan G. Komen for the Cure coordinators have worked with the City for the use of Harvest Park as their home base for over 3,000 participants for the Susan G. Komen Twin Cities 3-Day Event held in the Metro area. It has been a successful partnership and the event organizers have requested the use of Harvest Park again this year. The 2017 Susan G. Komen Twin Cities 3-Day Event is scheduled for August 18th – 20th. Staff will have correspondence with the coordinators for the event to ensure that health and safety, public safety and other concerns are met. Staff has experienced a very professional and responsible working relationship the last ten years with the event coordinators and look forward to working with them again. Budget Impact None Recommendation Staff recommends the City Council approve the Use Agreement of Harvest Park for the 2017 Susan G. Komen Twin Cities 3-Day Event. Attachment 1. Proposed Use Agreement G4 Packet Page Number 99 of 189 USE AGREEMENT City of Maplewood The Use Agreement (hereafter “Agreement”) is made and entered in to this 24th day of April, 2017, by and between the City of Maplewood, a Minnesota municipal corporation (hereafter the “City”), and The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen for the Cure® (hereafter “Komen”), as producer of the 2017 Susan G. Komen Twin Cities 3-Day event benefiting Komen, a non-profit organization. WHEREAS, Komen has requested to use the Harvest Park property for a scheduled non-profit event benefiting Susan G. Komen For The Cure® a non-profit organization; and WHEREAS, the City believes that the non-profit event planned by Komen would benefit the citizens of the City of Maplewood and the surrounding areas and desires to allow use of the Harvest Park property for the requested uses; NOW THEREFORE, in consideration of the mutual promises, covenants, and benefits contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the City and Komen agree as follows: 1. Komen shall have the right to use the Harvest Park property in connection with a non-profit cancer awareness program and matters related to the Susan G. Komen Twin Cities 3-Day. Komen shall have the right to use the property to construct an overnight campground. NO campfires will be allowed, and all camp design and construction plans, including areas in which vehicular access to the property will be allowed, shall be subject to the specific approval of the City, which approval shall not be unreasonably withheld. 2. Komen will be permitted to use the Harvest Park property on the following days: a. August 15, 16 and 17, 2017, for set up b. August 18-20, 2017, for event day c. August 21, 2017 for clean up 3. Komen accepts full responsibility and liability for any and all damages resulting to the park property as a result of its use for the Susan G. Komen Twin Cities 3-Day, reasonable wear and tear excluded. Komen agrees to restore the property to its previous condition, which is reasonably acceptable to the City of Maplewood. City of Maplewood staff will meet on Monday, August 21, 2017 with the Event Production Manager, Event 360, Inc., to evaluate the condition of the property and to determine what work, if any, will be necessary to restore the property to its previous condition. A security deposit of $5,000.00, made payable to the “City of Maplewood” must be received by July 31, 2017. The deposit will be refundable after inspection of the property and completion of all items of reasonable concern are addressed. 4. Komen shall maintain general liability insurance in an amount of at least amounts not less than those set forth on the required Certificate of Insurance at all times during the Terms of this Agreement to protect the City from any and all liability to persons or property which may result from use of the Harvest Park property. Komen shall provide the City to be named as “additional insured” on its binder. 5. The City shall be responsible for having the property mowed and clear of litter and trash and in good and useable condition prior to August 15, 2017. 6. Komen will coordinate security and traffic issues with the City of Maplewood Police Department. The event area will be secured and closed to the public no later than 9:00 p.m. on the days that the property is being used by Komen for the Susan G. Komen Twin Cities 3-Day. 7. Komen shall notify the City by August 1, 2017, of the emergency contingency plan for the scheduled event in case of inclement weather. 8. Komen shall defend, indemnify and hold harmless the City, its elected officials, officers, agents, and employees from any and all suits, actions, legal proceedings, claims, demands, costs, expenses, and reasonable attorney’s fees resulting from any claim arising as a result of Komen’s use of the Harvest Park G4, Attachment 1 Packet Page Number 100 of 189 property under this Agreement. Nothing herein contained shall be deemed to in any way constitute a waiver by the City of any privileges and immunities it may have under the laws of the State of Minnesota or the Constitution of the State of Minnesota. Likewise, the City of Maplewood agrees to indemnify and hold Komen harmless from and against any and all costs, losses or expenses, including reasonable attorney’s fees, that Komen may incur by reason of (a) the City of Maplewood’s negligence or intentional misconduct or (b) any third-party claim(s) or law suit(s) arising out of, or in connection with the City of Maplewood’s performance or failure to perform pursuant to this agreement. 9. This Agreement shall become effective on the date signed by the last party hereto, and shall be governed by the laws of the State of Minnesota. Agreed to by the undersigned as evidenced by the signature set forth below. 10. Dispute Resolution. In the event of any dispute arising out of this Agreement, the parties shall use good faith efforts to resolve their differences amicably. In the event they are unsuccessful, the parties agree not to commence litigation until attempting to resolve their dispute through mediation. Either party may initiate the mediation process with 30 days’ prior written notice to the other party. 11. As to notice or communication regarding this agreement: Event360, Inc. City of Maplewood Susan G. Komen 3-Day for the Cure™ Andrea Sindt, City Clerk Eileen Barnick City Clerk Event Production Manager Phone: 651.249.2002 Phone: 773.247.5360 andrea.sindt@maplewoodmn.gov ebarnick@event360.com 12. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts. Each counterpart will be considered a valid and binding original. Once signed, any reproduction of this Agreement made by reliable means (e.g., photocopy, facsimile) is considered an original. City of Maplewood By: By: Mayor, Nora Slawik City Manager, Melinda Coleman Date: Date: Attest: City Clerk, Andrea Sindt The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen for the Cure By: Title: Date: G4, Attachment 1 Packet Page Number 101 of 189 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: April 18, 2017 SUBJECT: Approval of Resolution in Opposition to Corporate Interference, aka “Preemption” Introduction / Background The Minnesota House and Senate are currently considering legislation that would interfere with or preempt local governments’ authority to enact ordinances related to the minimum wage or any other benefit, term of employment, working condition, or attendance or leave policy that exceeds state or federal law. The push to enact Corporate Interference laws in Minnesota, including House File 600 and Senate File 580, is part of an alarming effort around the country in which powerful corporate interests, such as The American Legislative Exchange Council (ALEC), interfere in the democratic process and stop the people of a local community from passing their own laws that improve upon statewide minimum standards. The effort in Minnesota is a transparent effort to stop improvements being made in Minneapolis, St. Paul, Duluth, and by the Metropolitan Airports Commission, as well as in other communities, and has real consequences: The proposal would take away earned sick time from 150,000 Minnesotans. These workers would have to go back to choosing between a paycheck and taking care of their health and family. The Minnesota Legislature has reserved to local governments the authority to act in the best interest of their residents (provided their actions don’t conflict with state or federal law), and this includes the authority to act to protect public and private property, to benefit trade and commerce, and to promote the health, safety, and general welfare of local residents. Recommendation Staff recommends that the City Council approve the Resolution in Opposition to Corporate Interference, a.k.a. “Preemption” and notify Governor Mark Dayton and the Legislative Leaders of the adoption of this resolution. Attachments 1. Resolution 2. Letter of Support G5 Packet Page Number 102 of 189 RESOLUTION IN OPPOSITION TO CORPORATE INTERFERENCE, A.K.A. “PREEMPTION” WHEREAS: Corporate interference, a.k.a. “Preemption”, is designed to strip local governments of the authority to enact ordinances related to the minimum wage or any other benefit, term of employment, working condition, or attendance or leave policy that exceeds state or federal law; and WHEREAS: The push to enact Corporate Interference laws in Minnesota, including House File 600 and Senate File 570, is part of an alarming effort around the country in which powerful corporate interests, such as the American Legislative Exchange Council (ALEC), are interfering with the democratic process in order to stop people in local communities from improving basic, minimum workplace standards; and WHEREAS: The effort in Minnesota is a transparent effort to stop improvements being made in Minneapolis, Saint Paul, Duluth, and by the Metropolitan Airports Commission, as well as in other communities; and WHEREAS: The Minnesota Legislature has reserved to local governments the authority to act in the best interest of their residents (provided their actions don’t conflict with state or federal law), and this includes the authority to act to protect public and private property, to benefit trade and commerce, and to promote the health, safety, and general welfare of local residents; and WHEREAS: This division of powers between federal, state, and local government is a strength of our system and it is there for a reason: different communities have different needs, and these local authorities provide communities with basic tools to address those needs themselves; and WHEREAS: This attack on local autonomy would have far-reaching and lasting impacts on families, communities, workers, and their local representatives, including: • Working families in cities across the state would see basic workplace standards suppressed; • Local residents’ opportunities for political participation would be severely weakened; • Low-income workers who have been stepping into leadership positions in municipal policy development commissions around the state would have their voices taken away; • Without the authority to make workplaces safer for workers, consumers, or the public, local government’s ability to promote public health and the safety of their residents would be curtailed; • Mayors, City Council Members, County Commissioners, School Boards Members, Park District Commissioners, members of the Metropolitan Airports Commission and the Metropolitan Council, and other local elected officials would be stripped of basic powers they have had for decades; now, therefore be it RESOLVED: That the Maplewood City Council, go on the record in opposition to House File 600, Senate File 570 and any other legislation that interferes with or preempts local governments’ authority to enact ordinances related to the minimum wage or any other benefit, term of employment, working condition, or attendance or leave policy that exceeds state or federal law; and BE IT FURTHER RESOLVED: That the Maplewood City Council notify Governor Mark Dayton and Legislative Leaders of the adoption of this Resolution, and ask them to oppose/veto any legislation that interferes with or preempts local governments’ authority to enact ordinances related to the minimum wage or any other benefit, term of employment, working condition, or attendance or leave policy that exceeds state or federal law. G5, Attachment 1 Packet Page Number 103 of 189 Governor Mark Dayton Office of the Governor and Lt. Governor 130 State Capitol 75 Rev Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155 Senator Paul Gazelka, Majority Leader Minnesota Senate Building, Room 3113 95 University Avenue W. St. Paul, MN 55155 Rep. Kurt Daudt, Speaker of the House 463 State Office Building 100 Rev Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155 Dear Governor Dayton, Majority Leader Gazelka, and Speaker Daudt, I am writing to urge you to protect local control and oppose/veto any legislation (HF 600/SF 580) that interferes with or preempts local governments’ authority to enact ordinances related to the minimum wage or any other benefit, term of employment, working condition, or attendance or leave policy that exceeds state or federal law. Local governments are on the front lines in the fight to protect public health and safety and set modern workplace standards that work for our communities. State law sets a minimum standard that local governments can build and improve on. Minnesota communities have diverse needs that only local government can be responsive to. Now, state legislators are attempting to interfere with the democratic process and strip local elected governments of their basic governing power. HF 600/SF 580 also has real consequences for real people. The proposal would take away earned sick time from 150,000 working Minnesotans. These working people, many who have multiple jobs just to make ends meet, would have to go back to choosing between a paycheck and taking care of their health and family. On April 24, 2017, the Maplewood City Council approved the attached resolution in opposition to HF 600/SF 580. Please oppose/veto any legislation that interferes with or preempts local governments’ authority to enact ordinances related to the minimum wage or any other benefit, term of employment, working condition, or attendance or leave policy that exceeds state or federal law. Sincerely, Nora Slawik Mayor of the City of Maplewood G5, Attachment 2 Packet Page Number 104 of 189 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DAT E: April 19, 2017 SUBJECT: 7:00 p.m. Public Hearing to Modify Development Program and Modify TIF District No. 1-13 for Frost English Village, 1957 English Street a.Approval of a Resolution Approving the Modification to the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 1-13 within Municipal Development District No. 1 Introduction Sherman Associates is requesting the city approve modifications to the tax-increment financing (TIF) plan that was approved as part of the effort to redevelop the 5.5 acre former Maplewood Bowl site into a three-phase, mixed-use project called Frost English Village. Originally, Phase 2 of the project was slated to be 79 units of senior affordable housing. Due to market demand, Sherman Associates has revised the project and intends to build 107 market-rate, senior housing units. This project change increases the amount of increment available to be generated by the TIF District and the plan needs to be modified to account for this. Request Approve the attached resolution approving the modification to the tax increment financing plan for tax increment financing (redevelopment) District no. 1-13 within Municipal Development District No. 1. Background On January 22, 2014, the Metropolitan Council approved a livable community demonstration account (LCDA) grant request for the city of Maplewood for $1,900,000. This grant money was used for public infrastructure improvements along Frost Avenue and assisted the developer with the purchase of the Maplewood Bowl site. On April 13, 2015, the city council approved conditional use permit, lot division and design review requests, which were required for this project to move forward. This included building approvals for the first phase which is a four-story, multi-family building with 50 units. On May 26, 2015, the city council approved a tax-increment financing (TIF) plan for this project. The TIF plan works to offset a portion of its eligible costs incurred in the redevelopment of the 5.5 acre former Maplewood Bowl site. Additionally, the city undertook public improvements as part of the larger Gladstone area redevelopment plan, which included costs spent both inside and outside of the TIF District. A portion of these city incurred public improvement costs were eligible for reimbursement from TIF revenue. H1 Packet Page Number 105 of 189 Discussion TIF District No. 1-13 and TIF Plan In 2015, the city hired LHB Inc. to conduct a TIF qualification study to determine the proposed TIF District area qualified as a redevelopment TIF District. In order to qualify for the creation of a TIF District, the project area had to be determined as meeting the statutory requirements of a Redevelopment TIF District, which includes finding that more than 70 percent of the parcels in the TIF District are occupied with improvements and more than 50 percent of the buildings in the TIF District are deemed to be structurally substandard to a degree requiring substantial renovation or clearance. The TIF District qualified as a redevelopment district based on this requirement. Phase 1 – Multi-Family Project - Proposed Development Agreement Terms: The TIF development agreement for Phase 1 requires reimbursing the developer for TIF eligible expenditures of $620,600 at an interest rate of 5 percent. The developer will be reimbursed towards this principal amount on a pay-as-you-go basis from 83 percent of the annual TIF revenues. The city is capturing 17 percent of the TIF revenues generated by the TIF District to use for funding public improvements both within and outside of the TIF District. Phase 2 – Senior Family Project - Development Agreement Terms: The TIF development agreement for Phase 2 is proposing to reimburse the developer for TIF eligible expenditures of up to $3,900,000 at an interest rate of 5 percent. The developer will be reimbursed towards this principal amount on a pay-as-you-go basis from 75 percent of the annual TIF revenues. The city would capture the remaining 25 percent of increment generated by the project to finance other public improvement costs in the District and Project Area as determined. Phase 3 – Commercial Projects - To be Determined When the TIF District was originally created in 2015, the proposed terms for the development agreement for Phase 2 and 3 included a linkage between the two phases. The linkage between Phases 2 and 3 allowed for the city to receive 100 percent of the increment for Phase 3, and also required that the developer construct Phase 3 before any increment would be available to the developer from Phase 2. In order to drop the linkage between the two phases, the developer agreed to a higher percentage from Phase 2 going to the city and both parties agreed to negotiate the terms for Phase 3 when the project was closer to realization. Under the renegotiated terms, the city’s benefit from the revised terms of Phase 2 are far greater than what was originally expected from Phases 2 and 3 under the original deal points. Budget Impact The current level of established property tax will continue to be collected and distributed to the city, county and school district. Approving a TIF district and plan will direct future generation of property taxes, above the current level, to the developer and city to assist with financing its projects. H1 Packet Page Number 106 of 189 Recommendation A. Approve the resolution approving the modification to the tax increment financing plan for tax increment financing (redevelopment) District no. 1-13 within Municipal Development District No. 1 Attachments 1. Resolution Approving the Modification to the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 1-13 within Municipal Development District No. 1 2. Springsted Memo on Tax Increment Financing Plan 3. Tax Increment Financing Plan 4. Location Map H1 Packet Page Number 107 of 189 8268668v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: April 24, 2017 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held on the 24th day of April, 2017, at 7:00 p.m. The following members of the Council were present: and the following were absent: Member __________ introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1-13 WITHIN MUNICIPAL DEVELOPMENT DISTRICT NO. 1 WHEREAS: A. WHEREAS, the City of Maplewood, Minnesota (the "City") has heretofore established Tax Increment Financing (Redevelopment) District No. 1-13 ("TIF District No. 1-13") within Municipal Development District No. 1 and adopted a Tax Increment Financing Plan therefor; and there is a proposal to amend the Tax Increment Financing Plan for TIF District No. 1-13 all pursuant to and in accordance with the provisions of Minnesota Statutes, Sections 469.124 to 469.133, both inclusive, as amended, and Minnesota Statutes, Sections 469.174 to 469.1794, both inclusive, as amended (collectively, the "Act"); and B. WHEREAS, the City has investigated the facts and has caused to be prepared a Modification to the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 1-13 (the "Modification"), which Modification increases the budget for eligible uses of tax increments as set forth therein and sets forth revised tax increment calculations; and C. The City has performed all actions required by law to be performed prior to the Modification of the Tax Increment Financing Plan for TIF District No. 1-13, including, but not limited to, notification of Ramsey County and Independent School District No. 622 having taxing jurisdiction over the property to be included in TIF District No. 1-13 and the holding of a public hearing upon published and mailed notice as required by law; and D. The City is not modifying the boundaries of TIF District No. 1-13. E. The City is not extending the duration term of TIF District No. 1-13. H1, Attachment 1 Packet Page Number 108 of 189 8268668v1 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as follows: 1. Findings for the Modification of the TIF Plan. The City Council makes the following findings: (a) The Modification amends the TIF Plan for TIF District No. 1-13. (b) The City Council hereby finds that the Modification, is intended and, in the judgment of the City Council, the effect of such actions will be, to provide an impetus to accomplish certain objectives as specified in the Modification, which are hereby incorporated herein. The City further finds that the Modification conforms to the general plan for the development or redevelopment of the City as a whole; and that the Modification will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the Development District by private enterprise. (c) The City Council hereby confirms the findings made with respect to TIF District No. 1-13 when originally established. 2. Public Purpose. The adoption of the Modification conforms in all respects to the requirements of the Act and will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Development District by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 3. Approval of the Modification. The Modification for TIF District No. 1-13, as presented to the City Council on this date, is hereby approved and adopted and shall be placed on file in the office of the City Clerk. 4. Certification. The staff of the City are authorized and directed to proceed with the implementation of the Modification and for this purpose to negotiate, draft, prepare and present to the City Council for its consideration all further resolutions, documents and contracts necessary for this purpose. Approval of the Modification does not constitute approval of any project or a development agreement with any developer. 5. Filings. The City Manager is authorized and directed to file a copy of the Modification with the County Auditor of Ramsey County and is further authorized and directed to forward a copy of the Modification to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, Subdivision 4a. The motion for the adoption of the foregoing resolution was duly seconded by member _________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. H1, Attachment 1 Packet Page Number 109 of 189 8268668v1 3 STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Manager of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-13. WITNESS my hand this 24th day of April, 2017. ________________________________ City Manager H1, Attachment 1 Packet Page Number 110 of 189 MEMORANDUM TO: Members of the City Council, City of Maplewood Melinda Coleman, City Manager Michael Martin, Economic Development Coordinator FROM: Tom Denaway, Assistant Vice President Mikaela Huot, Vice President DATE: April 18, 2017 SUBJECT: Public Hearing for the proposed Modification to Tax Increment Financing (Redevelopment) District No. 1-13 At the request of the City, Springsted has prepared a modification to the Tax Increment Financing (TIF) Plan for the TIF (Redevelopment) District No. 1-13. The proposed modification incorporates revisions to the proposed development scenario to account for the revisions to the proposed development scenario for the second phase of development, which is increasing in size from a 79-unit senior affordable housing project to a 107-unit 55+ market rate apartment building. The increased size and scope of the second phase, coupled with a higher than anticipated market value assumption for the first phase of the Development will result in an increase in the potential tax increment revenue generated by the District. In order for the City to fully utilize the increased revenue potential of the TIF District a modification of the TIF Plan to incorporate the revised budget is necessary. The process for modifying an existing TIF District is similar to the process undertaken with the creation of a new TIF District and requires a number of statutory steps be completed prior to holding a public hearing on the modification. The steps completed prior to the holding of the public hearing include; providing notice to the appropriate County Commissioner of the proposed modification, submitting a draft TIF Plan and fiscal & economic impacts to the County and School District, and the publication of a notice of public hearing a minimum of 10-days prior to the public hearing date. These steps have all been completed in advance of the public hearing to be held on Monday, April 24. At the City Council workshop on April 10, the proposed terms of a development agreement for the second phase were discussed. The proposed terms of the assistance for the second phase of the project include providing TIF on a pay-as-you-go basis from 75% of the second phase TIF, to reimburse the Developer for TIF eligible expenses in a Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com H1, Attachment 2 Packet Page Number 111 of 189 City of Maplewood Proposed Modification of Tax Increment Financing (Redevelopment) District No. 1-13 City Council Public Hearing April 18, 2017 Page 2 principal amount of $3,900,000 plus 5% interest costs. The Development Agreement is currently being drafted and will be brought to the City Council at their next meeting for review and approval. Next Steps: If the City Council wishes to move forward with the modification of the Tax Increment Financing Plan it would do so by adopting the “Resolution Approving the Modification to the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 1-13 within Municipal Development District No. 1” following the public hearing. Adoption of this resolution will formally approve the modification of the TIF plan, thus increasing the budget of the TIF District and providing the City Council with necessary TIF budget authority to enter into a development agreement for the second phase at the following City Council meeting. H1, Attachment 2 Packet Page Number 112 of 189 Maplewood, Minnesota DRAFT Modification No. 1: Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 1-13 Within Development District No. 1 (Maplewood Bowl Redevelopment Project) Draft: March 28, 2017 Public Hearing Scheduled: April 24, 2017 Original TIF Plan Approved: May 26, 2015 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 (651) 223-3000 WWW.SPRINGSTED.COM H1, Attachment 3 Packet Page Number 113 of 189 INTRODUCTION The purpose of Modification No. 1 to the Tax Increment Financing Plan for the Tax Increment Financing (Redevelopment) District No. 1-13 Maplewood Bowl Redevelopment Project is to account for a change in the scope and timing of the proposed private development, as well as changes to the ration of public and private uses of TIF revenue. The original TIF Plan anticipated the second phase of the project would consist of a 79-unit affordable senior housing facility. The revised development scenario anticipates the second phase will now consist of a 107-unit market rate age-restricted housing facility. The modification also accounts for an increase in the project budget to account for the revised size and scope of the proposed development. The proposed modifications to the TIF plan are highlighted by underlined text. The proposed modification does not increase the overall geographic size of the District, but does increase the overall size of the budget. The sections being modified are: I, J, K, L, M, N, O, P, and V. Additionally, Exhibits II, III, and IV were modified. H1, Attachment 3 Packet Page Number 114 of 189 TABLE OF CONTENTS Section Page(s) A. Definitions .............................................................................................................................................................. 1 B. Statutory Authorization .......................................................................................................................................... 1 C. Statement of Need and Public Purpose ................................................................................................................. 1 D. Statement of Objectives ........................................................................................................................................ 1 E. Designation of Tax Increment Financing District as a Redevelopment District ...................................................... 2 F. Duration of the TIF District ..................................................................................................................................... 3 G. Property to be Included in the TIF District.............................................................................................................. 3 H. Property to be Acquired in the TIF District ............................................................................................................. 2 I. Specific Development Expected to Occur Within the TIF District .......................................................................... 3 J. Findings and Need for Tax Increment Financing ................................................................................................... 5 K. Estimated Public Costs .......................................................................................................................................... 4 L. Estimated Sources of Revenue ............................................................................................................................. 5 M. Estimated Amount of Bonded Indebtedness .......................................................................................................... 7 N. Original Net Tax Capacity ...................................................................................................................................... 7 O. Original Local Tax Rate ......................................................................................................................................... 6 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment ..................................................... 8 Q. Use of Tax Increment ............................................................................................................................................ 8 R. Excess Tax Increment ........................................................................................................................................... 7 S. Tax Increment Pooling and the Five Year Rule ..................................................................................................... 8 T. Limitation on Administrative Expenses .................................................................................................................. 8 U. Limitation on Property Not Subject to Improvements - Four Year Rule ................................................................. 9 V. Estimated Impact on Other Taxing Jurisdictions .................................................................................................. 11 W. Prior Planned Improvements ............................................................................................................................... 11 X. Development Agreements ................................................................................................................................... 12 Y. Assessment Agreements ..................................................................................................................................... 12 Z. Modifications of the Tax Increment Financing Plan ............................................................................................. 10 AA. Administration of the Tax Increment Financing Plan ........................................................................................... 11 AB. Filing TIF Plan, Financial Reporting and Disclosure Requirements ..................................................................... 11 Map of the Tax Increment Financing District within Development District No. 1 ...................................... EXHIBIT I Assumptions Report ............................................................................................................................... EXHIBIT II Projected Tax Increment Report ............................................................................................................ EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report ........................................................................EXHIBIT IV Market Value Analysis Report ................................................................................................................EXHIBIT V Executive Summary TIF District Qualification Report ............................................................................EXHIBIT VI H1, Attachment 3 Packet Page Number 115 of 189 City of Maplewood, Minnesota SPRINGSTED Page 1 Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "City" means the City of Maplewood, Minnesota; also referred to as a "Municipality". "City Council" means the City Council of the City; also referred to as the ‘Governing Body”. "County" means Ramsey County, Minnesota. "Development District" means Development District No. 1 in the City, which is described in the corresponding Development Program. "Development District Area" means the geographic area of the Development District. "Development Program" means the Development Program for the Development District. "School District" means Independent School District No. 622, Minnesota. “Special Law” means Minnesota Laws, 2013, Chapter 143, Article 9, Section 21. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, as amended, both inclusive. "TIF District" means Tax Increment Financing (Redevelopment) District No. 1-13. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization See Section 1.3 of the Development Program for the Development District. Section C Statement of Need and Public Purpose See Section 1.4 of the Development Program for the Development District. Section D Statement of Objectives See Section 1.5 of the Development Program for the Development District. Section E Designation of Tax Increment Financing District as a Redevelopment District Redevelopment districts are a type of tax increment financing district in which one or more of the following conditions exists and is reasonably distributed throughout the district: (1) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and more than 50% of the buildings, not including outbuildings, are structurally substandard requiring substantial renovation or clearance. A parcel is deemed H1, Attachment 3 Packet Page Number 116 of 189 City of Maplewood, Minnesota SPRINGSTED Page 2 "occupied" if at least 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots; or other similar structures. (2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities, or excessive or vacated railroad right-of-ways; or (3) tank facilities, or property whose immediately previous use was for tank facilities, as defined in section 115C.02, subdivision 15, if the tank facilities: (i) have or had a capacity of more than 1,000,000 gallons; (ii) are located adjacent to rail facilities; and (iii) have been removed or are unused, underused, inappropriately used, or infrequently used. (iv) A qualifying disaster area, as defined in subdivision 10b. For districts consisting of two more noncontiguous areas, each area must individually qualify under the provisions listed above, as well as the entire area must also qualify as a whole. The TIF District qualifies as a redevelopment district in that it meets all of the criteria listed in (1) above. An executive summary of a report prepared by LHB, Inc. that details the qualifications is included in Exhibit VI. A copy of the entire report with supporting facts and documentation for this determination is on file with the City and is available to the public upon request. The full report will be retained by the City for the life of the TIF District. "Structurally substandard" is defined as buildings containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. Generally, a building is not structurally substandard if it is in compliance with the building code applicable to a new building, or could be modified to satisfy the existing code at a cost of less than 15% of the cost of constructing a new structure of the same size and type. A city may not find that a building is structurally substandard without an interior inspection, unless it can not gain access to the property and there exists evidence which supports the structurally substandard finding. Such evidence includes recent fire or police inspections, on-site property tax appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence. Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained. A parcel is deemed to be occupied by a structurally substandard building if the following conditions are met: (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district; (2) the demolition or removal of the substandard building was performed or financed by the City, or was performed by a developer under a development agreement with the City, (3) the City found by resolution before such demolition or removal occurred that the building was structurally substandard and that the City intended to include the parcel in the TIF district, and (4) the City notifies the county auditor that the original tax capacity of the parcel must be adjusted upon filing the request for certification of the tax capacity of the parcel as part of a district. In the case of (4) above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rate(s) for the current year. At least 90 percent of the tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or H1, Attachment 3 Packet Page Number 117 of 189 City of Maplewood, Minnesota SPRINGSTED Page 3 contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of land, removal of hazardous substances or remediation necessary to develop the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the City may be included in the qualifying costs. Section F Duration of the TIF District Redevelopment districts may remain in existence 25 years from the date of receipt of the first tax increment. The City anticipates that the TIF District will remain in existence the maximum duration allowed by law (projected to be though the year 2043). Modification of this plan (see Section AA) shall not extend these limitations. All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City. Pursuant to MN Statutes, Section 469.175, Subdivision 1(b), the City elects to delay receipt of first increment until 2018. Section G Property to be Included in the TIF District The TIF District is an approximately 5.57-acre area of land located within the Development District. A map showing the location of the TIF District within the Development District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel Number* Legal Description* 162922140007 W 1/2 Of Vac Alley In Blk 1 Adj Lots 14 Thru 22 & E 1/2 Of Chambers St Vac Adj & Lots 14 Thru 22 In Blk 1 & W 1/2 Of Chambers St Vac & E 1/2 Of Alley Vac & Lots 6 Thru 11 Blk 2 & W 1/2 Of Alley Vac & Lots 12 Thru Lot 16 Blk 2 162922140074 E 1/2 Of Vac Alley Adj And Lots 9 1o And Lot 11 Blk 1 162922140073 E 1/2 Of Vac Alley Adj And Lot 8 Blk 1 162922140072 E 1/2 Of Vac Alley Adj And Lot 7 Blk 1 162922140071 E 1/2 Of Vac Alley Adj And Lot 6 Blk 1 162922140070 E 1/2 Of Vac Alley Adj And Lots 4 And Lot 5 Blk 1 162922140099 Subj To Rd; E 1/2 Of Vac Alley Accruing & Lots 1 Thru 3 Blk 1 H1, Attachment 3 Packet Page Number 118 of 189 City of Maplewood, Minnesota SPRINGSTED Page 4 162922140079 E 1/2 Of Chambers St Vac Adj & Fol; Ex E 80 Ft; Lots 23, 24 & Lot 25 Blk 1 162922140080 W 1/2 Of Vac Street & All Of Vac Alley Accruing & Lot 1 Blk 1 162922140081 Alleys & Street As Vac In Doc Nos. 1528547, 1807561 & 567589 Accruing & Fol; Lots 2 Thru 5 Blk 1 Kuhls Re & In Sd Lincoln Park; Lots 4 & Lot 5 Blk 2 162922140085 W 1/2 Of Alley As Vac In Doc #567589 Accruing & Fol; Lot 18 Blk 2 162922140086 W 1/2 Of Vac Alley Adj & Lot 17 Blk 2 The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. *The parcels to be located in the TIF District are being replatted. The Parcel Numbers and legal descriptions are representative of the parcels prior to the replatting. Section H Property to be Acquired in the TIF District The City may acquire and sell any or all of the property located within the TIF District; however, the City does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The proposed project includes the redevelopment of the existing Maplewood Bowl site, into a three phase mixed-use development. The redevelopment of the site will be undertaken in three separate component, phase 1 of the redevelopment is projected to consist of an approximately 50-unit multi-family apartment building, phase 2 is projected to consist of an approximately 107-unit age-restricted multi-family apartment building, and phase 3 is projected to consist of an approximately 6,000 square foot commercial building. The redevelopment will also include corresponding site work, infrastructure, and parking improvements associated with mixed use project. The City anticipates using tax increment to reimburse the Developer for a portion of the TIF eligible project costs occurred in the development of the Facility. Included in the projected eligible costs to be reimbursed are costs associated with demolition of existing buildings, site work, private utility improvements, and other eligible improvements associated with the project. Additionally, the City anticipates using tax increment to finance public improvements and site work on property located within the Development District, along with related administrative expenses. Construction of the project is expected to begin in 2015, and be completed by 2018. The development is projected to be 100% assessed and on the tax rolls as of January 2, 2019 for taxes payable in 2020. H1, Attachment 3 Packet Page Number 119 of 189 City of Maplewood, Minnesota SPRINGSTED Page 5 At the time the TIF District was created there were no signed construction contacts with regards to the above described development. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as a redevelopment district; See Section E of this document for the reasons and facts supporting this finding. (2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan. Factual basis: Proposed development not expected to occur: The development includes the construction of the three-phase mixed use development. A key component to the redevelopment is the reimbursement of eligible expenses through tax increments. The Developer has indicated they would not undertake the proposed development without the financial assistance. Without the assistance the City has no reason to expect that significant reinvestment in the site would occur without assistance similar to that provided in this plan. Therefore the City has no reason to believe the development would occur but-for the use of tax increment assistance. To summarize the basis for the City’s findings regarding alternative market value, in accordance with Minnesota Statutes, Section 469.175, Subd. 3(d), the City makes the following determinations: a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is anywhere from $0 (except for a small amount for annual appreciation of land value) b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately $30,751,000, including the value of the building (See Exhibit V). c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $5,774,075, (See Exhibit V) d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $24,976,925 (the amount in clause b less the amount in clause c) without tax increment assistance. (3) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the TIF District by private enterprise. Factual basis: The proposed development is the construction of a mixed-use redevelopment, in the Development District that is expected to create substantial new tax base for the City and the state. The H1, Attachment 3 Packet Page Number 120 of 189 City of Maplewood, Minnesota SPRINGSTED Page 6 development clearly meets the City's housing and redevelopment goals of creating additional affordable and senior housing opportunities; additionally, the development meets the agency’s goal of the removal of blight. (4) The TIF Plan conforms to general plans for development of the City as a whole. Factual basis: The City Planning Commission has determined that the development proposed in the TIF Plan conforms to the City comprehensive plan. (5) The City does not elect the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3(b); therefore subdivision 3(a) shall apply which indicates the original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions (see method (a) in Section P). Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Estimated Public Costs Modified Budget Private TIF eligible improvements, including demolition, relocation, site improvements/preparation costs, related infrastructure and other eligible improvements $4,016,300 Paygo Note Interest Payments 3,762,715 Public site work/infrastructure costs and Administrative expenses 1,957,000 Interest Incurred on Public Costs 2,244,894 Total $11,980,909 The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. The City reserves the right to spend available tax increment outside of the TIF District boundaries but within the Project Area. Section L Estimated Sources of Revenue Estimated Sources of Revenue Modified Budget Tax Increment revenue $11,980,909 Interest on invested funds 0 Bond proceeds 0 Loan proceeds 0 Grants 0 Other 0 Total $11,980,909 The City anticipates using future tax increments for reimbursement of public costs incurred from Section K. As increments are collected from the TIF District in future years, a portion of these tax increments will be reserved by the City as reimbursement for public costs incurred (primarily site work/infrastructure costs), either through internal funding or general obligation or revenue debt. The City also anticipates providing financial assistance to the proposed development through the use of pay-as-you-go financing. With pay-as-you-go financing, as tax increments are collected from the TIF District in future years, a portion of these tax increments will be distributed to the developer as reimbursement for eligible costs incurred related to the redevelopment of the site. H1, Attachment 3 Packet Page Number 121 of 189 City of Maplewood, Minnesota SPRINGSTED Page 7 The City reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the TIF District to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The City may consider issuing tax increment bonds to finance all or a portion of the estimated public costs, and reserves the right to issue such bonds in an amount not to exceed $11,980,909 (total estimated public costs). Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Authority intends to file the request for certification prior to July 1, 2015. Therefore, the original net tax capacity will be the net tax capacity as of January 2, 2014. The Certified Estimated Market Value of all property within the TIF District as of January 2, 2014, for taxes payable in 2015, was $1,681,100. Upon redevelopment a portion of the site will be classified as rental property, and a portion will be classified as commercial property. The estimated tax capacity for purposes of the revenue projections in this TIF plan is $14,851, which is estimated to be the original net tax capacity of the TIF District based on reclassification of portions of the property applicable with their final use. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section O Original Local Tax Rate The County Auditor shall also certify the original local tax rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original local tax rate of the TIF District. As noted in Section M, the Authority filed the TIF District for certification prior to July 1, 2015; therefore, the Original Local Tax Rate was the rate that applied for taxes payable in 2015, which was 152.063%. For purposes of estimating the tax increment generated by the TIF District, as proposed in this Modification, the sum of the current local tax rates for taxes levied in 2016 and payable in 2017, is 147.065% as shown below. Since H1, Attachment 3 Packet Page Number 122 of 189 City of Maplewood, Minnesota SPRINGSTED Page 8 annual tax increment revenue is generated based on the lower of the frozen tax rate (152.063%) or the current local tax rate (147.065%) we have based our TIF projections on the current local tax rate for taxes payable 2017. 2016/2017 Taxing Jurisdiction Local Tax Rate City of Maplewood 47.248% Ramsey County 55.850% ISD # 622 33.582% Other 10.385% Total 147.065% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment The first phase of the development was initiated in 2015, and completed in 2016 creating a total tax capacity for the TIF District No. 1-13 of $84,418 as of January 2, 2017. The captured tax capacity as of that date is estimated to be $69,567 and the first-year of tax increment is estimated to be $102,309 payable in 2018. All phases of the project are anticipated to be completed by 2018, creating a total tax capacity of $343,045 as of January 2, 2019. The captured tax capacity as of that date is estimated to be $328,194, and the first year of full TIF receipt is projected to be $482,659 payable in 2020. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit III. The estimates shown in this TIF Plan assume that commercial class rates remain at 1.5% for the first $150,000 of estimated market value and 2.0% of the market value above $150,000; while rental class rates will remain constant at 1.25% and 0.75% for 4(d) rental class rates. The projections do not assume an annual increase in market values. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. For communities affected by the fiscal disparity provisions of Minnesota Statutes, Chapter 473F and Chapter 276A, the original net tax capacity of the TIF District shall be determined before the application of fiscal disparity. In subsequent years, the current net tax capacity shall either (a) be determined before the application of fiscal disparity or (b) exclude the product of any fiscal disparity increase in the TIF District (since the original net tax capacity was certified) times the appropriate fiscal disparity ratio. The method the City elects shall remain the same for the life of the TIF District, except that a single change may be made at any time from method (a) to method (b) above. »The City elects method (a), or M.S. Section 469.177, Subdivision 3(a). The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the City's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of H1, Attachment 3 Packet Page Number 123 of 189 City of Maplewood, Minnesota SPRINGSTED Page 9 financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The City has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the City shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. H1, Attachment 3 Packet Page Number 124 of 189 City of Maplewood, Minnesota SPRINGSTED Page 10 Section S Tax Increment Pooling and the Five-Year Rule At least 75% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 25% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 75% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The City anticipates that tax increments will be spent outside of the TIF District (including a portion for allowable administrative expenses) for eligible redevelopment pooling expenditures. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the City other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; (3) relocation benefits paid to, or services provided for, persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total tax increment expenditures authorized by the TIF Plan or (b) 10% of the total tax increments received by the TIF District. H1, Attachment 3 Packet Page Number 125 of 189 City of Maplewood, Minnesota SPRINGSTED Page 11 Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The City must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently commences any of the above activities, the City shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the TIF District is estimated to be $12,024,182. 2. To the extent the project in the TIF District generates any public cost impacts on City-provided services such as police and fire protection, public infrastructure, and the impact of any general obligation tax increment bonds attributable to the TIF District upon the ability to issue other debt for general fund purposes, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the TIF District. 3. The amount of tax increments over the life of the TIF District that would be attributable to School District levies, assuming the School District’s share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $2,745,697. 4. The amount of tax increments over the life of the TIF District that would be attributable to County levies, assuming the County’s share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $4,566,350. 5. No additional information has been requested by the County or School District that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. Section W Prior Planned Improvements The City shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months H1, Attachment 3 Packet Page Number 126 of 189 City of Maplewood, Minnesota SPRINGSTED Page 12 immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section X Development Agreements If within a project containing a redevelopment district, more than 25% of the acreage of the property to be acquired by the City is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the City should the development not be completed. The City anticipates entering into an agreement for development, but does not anticipate acquiring property located within the TIF District. Section Y Assessment Agreements The City may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The City does anticipate entering into an assessment agreements for the individual development phases. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Development District or the TIF District; a determination to capitalize interest on the debt if that determination was not part of the original TIF Plan, increase in the portion of the captured net tax capacity to be retained by the City; increase in the total estimated public costs; or designation of property to be acquired by the City shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the City agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. H1, Attachment 3 Packet Page Number 127 of 189 City of Maplewood, Minnesota SPRINGSTED Page 13 Section AA Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the City shall submit a copy of such plan to the Minnesota Department of Revenue and the Office of the State Auditor. The City shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the City shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The City shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the City the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the City shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the City of all changes made to the original net tax capacity of the TIF District. Section AB Filing TIF Plan, Financial Reporting and Disclosure Requirements The City will file the TIF Plan, and any subsequent amendments thereto, with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The City will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. H1, Attachment 3 Packet Page Number 128 of 189 Exhibit I SPRINGSTED MAP OF TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1-13 Within Development District No. 1 H1, Attachment 3 Packet Page Number 129 of 189 Exhibit II SPRINGSTED Assumptions Report City of Maplewood, Minnesota Tax Increment Financing (Redevelopment) District No. 1-13 Modification to TIF District TIF Projections - Combined Phases - Revised Development Scenario Type of Tax Increment Financing District Redevelopment Maximum Duration of TIF District 25 years from 1st increment Projected Certification Request Date 06/30/15 Decertification Date 12/31/43 (26 Years of Increment) 2014/2015 Base Estimated Market Value $1,681,100 Original Net Tax Capacity $14,851 Assessment/Collection Year 2015/2016 2016/2017 2017/2018 2018/2019 Base Estimated Market Value $1,681,100 $1,681,100 $1,681,100 $1,681,100 Estimated Increase in Value - New Construction 0 0 8,739,700 22,039,900 Total Estimated Market Value 1,681,100 1,681,100 10,420,800 23,721,000 Total Net Tax Capacity $14,851 $14,851 $84,418 $244,719 City of Maplewood 47.248% Ramsey County 55.850% ISD #622 33.582% Other 10.385% Local Tax Capacity Rate 147.065%2016/2017 Present Value Date & Rate 6/30/2015 5.00%PV Amount $5,774,075 Notes Projections assume no future changes to classification rates and current tax rates remain constant. Projections for Phase 1 and 2 are based on $190,000/unit market value. Value assumptions reflect current County assumption for Phase 1. Commercial Value for Phase 3 is $100PSF building plus current land value. Base value is applied to each phase based on replatted property. Projections are based on first receipt delayed to payable 2018. Projections for Phase 1 are based on 4D class rate. H1, Attachment 3 Packet Page Number 130 of 189 Exhibit III SPRINGSTED Projected Tax Increment ReportCity of Maplewood, MinnesotaTax Increment Financing (Redevelopment) District No. 1-13Modification to TIF District TIF Projections - Combined Phases - Revised Development ScenarioLess: Retained Times:Less:Less: AnnualAnnual Total Total Original Captured Tax Annual State Aud. Subtotal City DeveloperPeriod Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Net Tax Eligible NetEnding Value Capacity Capacity Capacity Rate Increment 0.360% Increment Retainage Revenue(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)12/31/15 1,681,100 14,851 14,8510 147.065%0000012/31/16 1,681,100 14,851 14,8510 147.065%0000012/31/17 1,681,100 14,851 14,8510 147.065%0000012/31/18 10,420,800 84,418 14,851 69,567 147.065% 102,309368 101,941 21,701 80,24012/31/19 23,721,000 244,719 14,851 229,868 147.065% 338,057 1,217 336,840 82,128 254,71212/31/20 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 129,634 351,28812/31/21 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 129,634 351,28812/31/22 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 129,634 351,28812/31/23 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 129,634 351,28812/31/24 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 129,634 351,28812/31/25 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 129,634 351,28812/31/26 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 129,634 351,28812/31/27 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 129,634 351,28812/31/28 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 129,634 351,28812/31/29 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 129,634 351,28812/31/30 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 147,944 332,97812/31/31 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/32 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/33 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/34 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/35 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/36 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/37 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/38 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/39 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/40 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/41 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/42 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,78512/31/43 30,751,000 343,045 14,851 328,194 147.065% 482,659 1,737 480,922 204,137 276,785$12,024,182 $43,273 $11,980,909 $4,201,894 $7,779,015 H1, Attachment 3 Packet Page Number 131 of 189 Exhibit IV SPRINGSTED Estimated Impact on Other Taxing Jurisdictions ReportCity of Maplewood, MinnesotaTax Increment Financing (Redevelopment) District No. 1-13Modification to TIF District TIF Projections - Combined Phases - Revised Development ScenarioWithoutProject or TIF DistrictWith Project and TIF DistrictFinalProjectedHypothetical2016/20172016/2017 Retained New Hypothetical Hypothetical Tax GeneratedTaxable 2016/2017 Taxable Captured Taxable Adjusted Decrease In by RetainedTaxingNet Tax Local Net Tax Net Tax Net Tax Local Local CapturedJurisdictionCapacity (1) Tax Rate Capacity (1) + Capacity = Capacity Tax Rate (*) Tax Rate (*) N.T.C. (*)City of Maplewood37,221,91547.248% 37,221,915$328,19437,550,109 46.835% 0.413% 153,710Ramsey County242,098,44255.850% 242,098,442 328,194 242,426,636 55.774% 0.076% 183,048ISD #62274,837,00033.582% 74,837,000 328,194 75,165,194 33.435% 0.147% 109,733Other (2)--- 10.385% --- 328,194 --- 10.385% --- --- Totals147.065%146.430% 0.635% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each ofthe taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above)which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax ratewould decrease by 0.635% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that theRetained Captured Net Tax Capacity of the TIF District would generate is also shown above.Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions,then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity = total net tax capacity - captured TIF - fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 7.06% of the total tax rate.H1, Attachment 3 Packet Page Number 132 of 189 Exhibit VI SPRINGSTED Market Value Analysis Report City of Maplewood, Minnesota Tax Increment Financing (Redevelopment) District No. 1-13 Modification to TIF District TIF Projections - Combined Phases - Revised Development Scenario Assumptions Present Value Date 06/30/15 P.V. Rate - Gross T.I.5.00% Increase in EMV With TIF District $30,751,000 Less: P.V of Gross Tax Increment 5,774,075 Subtotal $24,976,925 Less: Increase in EMV Without TIF 0 Difference $24,976,925 Annual Present Gross Tax Value @ Year Increment 5.00% 1 2018 102,309 87,295 22019338,057 274,711 32020482,659 373,541 42021482,659 355,753 52022482,659 338,812 62023482,659 322,678 72024482,659 307,313 82025482,659 292,679 92026482,659 278,742 10 2027 482,659 265,468 11 2028 482,659 252,827 12 2029 482,659 240,788 13 2030 482,659 229,321 14 2031 482,659 218,401 15 2032 482,659 208,001 16 2033 482,659 198,097 17 2034 482,659 188,663 18 2035 482,659 179,679 19 2036 482,659 171,123 20 2037 482,659 162,974 21 2038 482,659 155,214 22 2039 482,659 147,823 23 2040 482,659 140,783 24 2041 482,659 134,080 25 2042 482,659 127,695 26 2043 482,659 121,614 $12,024,182 $5,774,075 H1, Attachment 3 Packet Page Number 133 of 189 Exhibit VI SPRINGSTED PART 1 – EXECUTIVE SUMMARY PURPOSE OF EVALUATION LHB was hired by the City of Maplewood to inspect and evaluate the properties within a Tax Increment Financing Redevelopment District (“TIF District”) proposed to be established by the City. The proposed TIF District is bounded by Atlantic Street on the West, Frost Avenue on the South and English Street on the East (Diagram 1). The purpose of LHB’s work is to determine whether the proposed TIF District meets the statutory requirements for coverage, and whether one (1) building on twelve (12) parcels, located within the proposed TIF District, meet the qualifications required for a Redevelopment District. Diagram 1 – Proposed TIF District SCOPE OF WORK The proposed TIF District consists of twelve (12) parcels with one (1) building. The building was inspected on April 23, 2015. A Building Code and Condition Deficiency report for the building that was inspected is located in Appendix B. H1, Attachment 3 Packet Page Number 134 of 189 Exhibit VI SPRINGSTED CONCLUSION After inspecting and evaluating the properties within the proposed TIF District and applying current statutory criteria for a Redevelopment District under Minnesota Statutes, Section 469.174, Subdivision 10, it is our professional opinion that the proposed TIF District qualifies as a Redevelopment District because: • The proposed TIF District has a coverage calculation of 95.7 percent which is above the 70 percent requirement. • 100 percent of the buildings are structurally substandard which is above the 50 percent requirement. • The substandard buildings are reasonably distributed. H1, Attachment 3 Packet Page Number 135 of 189 §¨¦694 §¨¦494 §¨¦35 §¨¦94 Maplewood, City of Maplewood swisstopo, and the GIS User Community, City of Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community TIF AREA H1, Attachment 4 1957 English Street - Frost English Village TIF Area Packet Page Number 136 of 189 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director Steven Love, City Engineer / Deputy Public Works Director Jon Jarosch, Civil Engineer II DATE: April 17, 2017 SUBJECT: Hillwood-Crestview Area Street Improvements, Project 16-13 a. Assessment Hearing, 7:00 p.m. b. Consider Approval of Resolution Adopting Assessment Roll c. Consider Approval of Resolution Receiving Bids and Awarding Construction Contract Introduction The City Council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the May 8, 2017 council meeting and consider approving the attached resolution adopting the assessment roll less those property owners who have submitted objections. After the assessment hearing, the council will also consider awarding a construction contract. Background The Hillwood-Crestview Area Street Improvement project, City Project 16-13 consists of the streets shown on the attached Project Location Map lying north of Linwood Avenue, south of Mailand Road, east of McKnight Road, and west of Sterling Street. These streets are part of the City’s 2017 – 2021 Capital Improvement Plan (CIP) and represents the second project area able to be completed as a result of the new gas franchise fee revenues. The assessment rates for this improvement project were established in accordance with the City’s Special Assessment Policy. The amount assessed must provide a benefit to the property that is equal to or greater than the assessed amount. An appraisal firm was hired to ascertain an opinion of the special benefit received by properties within the neighborhood project area. This information was used to set the proposed special benefit assessment amounts for the project area. There are a total of 248 assessable residential and commercial/multi-family parcels within the project area. The opinion found that the assessment rates established in the City’s Special Assessment Policy are justifiable. H2 Packet Page Number 137 of 189 The following is a summary of the proposed assessment rates based on the special benefit report: • Residential o Pavement Rehabilitation / Replacement Rate = $3,450/unit • Commercial / Multi-Family o Commercial /Multi-Family Special Benefit Assessment Rates = $69 Per Linear Foot o Townhome rates based on proportional share of the total front footage The proposed assessments for the Hillwood-Crestview Area Street Improvements total $830,353.00. A copy of the assessment roll is provided as a supplement to this report. All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at, or prior to, the hearing if they disagree with the assessment amount. As of April 17, 2017 staff has received the following two objections to the proposed assessments: a. Parcel 12-28-22-31-0033 – Kenneth R. Bennett, 535 Crestview Drive South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450 per unit. Mr. Bennett is requesting an undeveloped property deferral for the undeveloped portion of his property. b. Parcel 12-28-22-31-0032 – Joan and Mark Strobel, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of $3,450 per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for the undeveloped portion of their property. The objections listed above are summaries of the filed objections. A full copy of each objection has been attached to this report. Objections will be received up to and as part of the assessment hearing on April 24, 2017. Once the hearing is closed, no further objections will be considered. Staff will review all submitted objections and provide the City Council recommendations for action on those objections at the May 8, 2017 City Council meeting. Staff will coordinate with the objectors and send out the staff determination that will be recommended to the Council on May 8th; this letter will also inform the property owner that if they wish to further address the City Council about the proposed assessment or staff recommendation they will be able to do so at the May 8, 2017 City Council Meeting. Discussion Final plans and specification for Hillwood-Crestview Area Street Improvements were approved and authorization given to advertise for sealed bids on February 27, 2017. Bids were received, opened and read on March 23, 2017. Eight valid bids were received and tabulated. A summary of the bids are shown as Exhibit 1 on the following page. All bids have been checked and tabulated for accuracy. H2 Packet Page Number 138 of 189 The engineer’s estimate for project construction cost was $1,137,214.30. As seen in Exhibit 1 the bids ranged from $890,270.89 to $1,008,642.12. The low bid from T.A. Schifsky and Sons of 890,270.89 is approximately $247,000 less than the engineer’s estimate. Bids Contractor Total Bid 1 T.A. Schifsky & Sons $890,270.89 2 Valley Paving $917,723.18 3 North Valley Paving $922,425.55 4 Park Construction Co.$924,049.15 5 Astech Corporation $924,794.74 6 McNamara Contracting $947,890.29 7 Northwest Asphalt $972,671.88 8 Hardrives, Inc.$1,008,642.12 Engineering Estimate $1,137,214.30 BID TABULATION - EXHIBIT 1 The City has worked successfully with T.A. Schifsky and Sons as a prime contractor in the past, most recently during the Bartelmy-Meyer Area Street Improvements, City Project 11-14. Budget Impact The current approved budget for the project is $1,582,542. This accounts for the construction cost plus indirect costs. The proposed construction contract is $890,270.89. The anticipated total project cost, including indirect costs is $1,233,915. This is roughly $348,000 under the approved budget. Staff will review the bid results, with respect to the approved budget, and revise the budget to reflect the awarded construction contract cost. The revised budget will be brought back to the City Council for approval at a future council meeting. Recommendation Staff recommends the City Council: a. Hold an assessment hearing and receive any objections. b. Approve the resolution Adopting Assessment Roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13. c. Approve the resolution for Receiving Bids and Awarding Construction Contract for the Hillwood-Crestview Area Street Improvements, City Project 16-13, to T.A. Schifsky and Sons. Attachments 1. Resolution Adopting Assessment Roll 2. Resolution Award of Bids and Awarding Construction Contract 3. Project Location Map 4. Assessment Roll 5. Objection Letters H2 Packet Page Number 139 of 189 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to resolution passed by the City Council on March 27, 2017, calling for a Public Hearing, the assessment roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13 was presented in a Public Hearing, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 12-28-22-31-0033 – Kenneth R. Bennett, 535 Crestview Drive South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450 per unit. Mr. Bennett is requesting an undeveloped property deferral for the undeveloped portion of his property. b. Parcel 12-28-22-31-0032 – Joan and Mark Strobel, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of $3,450 per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for the undeveloped portion of their property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 8, 2017, as to their recommendations for adjustments. 3. The assessment roll for the Hillwood-Crestview Area Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4. Such assessments shall be payable in equal annual installments extending over a period of and 15 years for all properties, the first installments to be payable on or before the first Monday in January 2018 and shall bear interest at the rate of 4.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2017, pay the whole H2, Attachment 1 Packet Page Number 140 of 189 of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2017, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 6. The City Engineer and City Clerk shall forthwith after November 15, 2017, but no later than November 16, 2017, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Approved this 24th day of April 2017. H2, Attachment 1 Packet Page Number 141 of 189 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that that the bid of T.A. Schifsky and Sons, Inc. in the amount of $890,270.89 is the lowest responsible bid for the construction of Hillwood-Crestview Area Street Improvements, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by the City Council. Approved this 24th day of April 2017. H2, Attachment 2 Packet Page Number 142 of 189 H2, Attachment 3 Packet Page Number 143 of 189 Final Assessment Roll Hillwood Crestview Area Street Improvements City Project 16‐13 ParcelID SiteAddress Units Total Assessment 122822310003 488 Crestview Dr S 1 $3,450.00 122822310004 496 Crestview Dr S 1 $3,450.00 122822310005 504 Crestview Dr S 1 $3,450.00 122822310006 512 Crestview Dr S 1 $3,450.00 122822310007 518 Crestview Dr S 1 $3,450.00 122822310008 526 Crestview Dr S 1 $3,450.00 122822310009 534 Crestview Dr S 1 $3,450.00 122822310010 489 Crestview Dr S 1 $3,450.00 122822310011 497 Crestview Dr S 1 $3,450.00 122822310012 505 Crestview Dr S 1 $3,450.00 122822310013 513 Crestview Dr S 1 $3,450.00 122822310014 519 Crestview Dr S 1 $3,450.00 122822310015 527 Crestview Dr S 1 $3,450.00 122822310017 2406 Teakwood Dr E 1 $3,450.00 122822310018 2400 Teakwood Dr E 1 $3,450.00 122822310019 2390 Teakwood Dr E 1 $3,450.00 122822310020 2384 Teakwood Dr E 1 $3,450.00 122822310021 2383 Oakridge Dr E 1 $3,450.00 122822310022 2387 Oakridge Dr E 1 $3,450.00 122822310023 2399 Oakridge Dr E 1 $3,450.00 122822310024 570 Crestview Dr S 1 $3,450.00 122822310025 578 Crestview Dr S 1 $3,450.00 122822310026 584 Crestview Dr S 1 $3,450.00 122822310027 594 Crestview Dr S 1 $3,450.00 122822310028 2388 Oakridge Dr E 1 $3,450.00 122822310031 2389 Hillwood Dr E 1 $3,450.00 122822310032 2380 Oakridge Dr E 2 $6,900.00 122822310033 535 Crestview Dr S 2 $6,900.00 122822310034 483 Marnie St S 1 $3,450.00 122822310035 491 Marnie St S 1 $3,450.00 122822310036 499 Marnie St S 1 $3,450.00 122822310037 507 Marnie St S 1 $3,450.00 122822310038 515 Marnie St S 1 $3,450.00 122822310039 2417 Teakwood Dr E 1 $3,450.00 122822310040 2425 Teakwood Dr E 1 $3,450.00 122822310041 482 Marnie St S 1 $3,450.00 122822310042 490 Marnie St S 1 $3,450.00 122822310043 498 Marnie St S 1 $3,450.00 122822310044 506 Marnie St S 1 $3,450.00 122822310045 514 Marnie St S 1 $3,450.00 122822310046 522 Marnie St S 1 $3,450.00 122822310047 530 Marnie St S 1 $3,450.00 122822310048 540 Marnie St S 1 $3,450.00 122822310049 2416 Teakwood Dr E 1 $3,450.00 122822310050 2426 Teakwood Dr E 1 $3,450.00 122822310052 551 Marnie St S 1 $3,450.00 H2, Attachment 4 Packet Page Number 144 of 189 122822310053 561 Marnie St S 1 $3,450.00 122822310055 579 Marnie St S 1 $3,450.00 122822310058 2413 Hillwood Dr E 1 $3,450.00 122822310059 550 Marnie St S 1 $3,450.00 122822310060 560 Marnie St S 1 $3,450.00 122822310061 570 Marnie St S 1 $3,450.00 122822310062 580 Marnie St S 1 $3,450.00 122822310063 590 Marnie St S 1 $3,450.00 122822310064 2423 Hillwood Dr E 1 $3,450.00 122822310065 591 Marnie St S 1 $3,450.00 122822310067 571 Marnie St S 1 $3,450.00 122822320003 486 Lakewood Dr S 1 $3,450.00 122822320004 494 Lakewood Dr S 1 $3,450.00 122822320005 502 Lakewood Dr S 1 $3,450.00 122822320006 510 Lakewood Dr S 1 $3,450.00 122822320007 516 Lakewood Dr S 1 $3,450.00 122822320008 524 Lakewood Dr S 1 $3,450.00 122822320009 2359 Teakwood Dr E 1 $3,450.00 122822320012 2378 Teakwood Dr E 1 $3,450.00 122822320013 2370 Teakwood Dr E 1 $3,450.00 122822320014 2364 Teakwood Dr E 1 $3,450.00 122822320015 2356 Teakwood Dr E 1 $3,450.00 122822320016 2353 Oakridge Dr E 1 $3,450.00 122822320017 2363 Oakridge Dr E 1 $3,450.00 122822320018 2369 Oakridge Dr E 1 $3,450.00 122822320019 2375 Oakridge Dr E 1 $3,450.00 122822320020 487 Lakewood Dr S 1 $3,450.00 122822320021 495 Lakewood Dr S 1 $3,450.00 122822320022 503 Lakewood Dr S 1 $3,450.00 122822320023 511 Lakewood Dr S 1 $3,450.00 122822320024 517 Lakewood Dr S 1 $3,450.00 122822320025 525 Lakewood Dr S 1 $3,450.00 122822320026 533 Lakewood Dr S 1 $3,450.00 122822320027 539 Lakewood Dr S 1 $3,450.00 122822320028 547 Lakewood Dr S 1 $3,450.00 122822320029 553 Lakewood Dr S 1 $3,450.00 122822320030 561 Lakewood Dr S 1 $3,450.00 122822320031 567 Lakewood Dr S 1 $3,450.00 122822320032 573 Lakewood Dr S 1 $3,450.00 122822320033 2350 Oakridge Dr E 1 $3,450.00 122822320034 2358 Oakridge Dr E 1 $3,450.00 122822320035 2366 Oakridge Dr E 1 $3,450.00 122822320036 2374 Oakridge Dr E 1 $3,450.00 122822320037 2373 Hillwood Dr E 1 $3,450.00 122822320038 2365 Hillwood Dr E 1 $3,450.00 122822320039 2357 Hillwood Dr E 1 $3,450.00 122822320040 2347 Hillwood Dr E 1 $3,450.00 122822320041 2339 Hillwood Dr E 1 $3,450.00 122822320053 2279 Teakwood Ct E 1 $3,450.00 122822320054 2289 Teakwood Ct E 1 $3,450.00 H2, Attachment 4 Packet Page Number 145 of 189 122822320055 2288 Teakwood Ct E 1 $3,450.00 122822320056 2278 Teakwood Ct E 1 $3,450.00 122822320057 2268 Teakwood Ct E 1 $3,450.00 122822320062 580 Dorland Rd S 1 $3,450.00 122822320063 570 Dorland Rd S 1 $3,450.00 122822320064 560 Dorland Rd S 1 $3,450.00 122822320065 550 Dorland Rd S 1 $3,450.00 122822320066 540 Dorland Rd S 1 $3,450.00 122822320067 530 Dorland Rd S 1 $3,450.00 122822320068 520 Dorland Rd S 1 $3,450.00 122822320069 510 Dorland Rd S 1 $3,450.00 122822320070 500 Dorland Rd S 1 $3,450.00 122822320071 501 Dorland Rd S 1 $3,450.00 122822320073 561 Dorland Rd S 1 $3,450.00 122822320074 551 Dorland Rd S 1 $3,450.00 122822320075 541 Dorland Rd S 1 $3,450.00 122822320076 531 Dorland Rd S 1 $3,450.00 122822320077 521 Dorland Rd S 1 $3,450.00 122822320078 511 Dorland Rd S 1 $3,450.00 122822320082 2280 Hillwood Dr E 1 $3,450.00 122822320083 2290 Hillwood Dr E 1 $3,450.00 122822320084 2300 Hillwood Dr E 1 $3,450.00 122822320085 2310 Hillwood Dr E 2 $6,900.00 122822320087 2271 Hillwood Dr E 1 $3,450.00 122822320088 2281 Hillwood Dr E 1 $3,450.00 122822320089 2291 Hillwood Dr E 1 $3,450.00 122822320090 2301 Hillwood Dr E 1 $3,450.00 122822320091 2311 Hillwood Dr E 1 $3,450.00 122822320092 581 Dorland Rd S 1 $3,450.00 122822320093 571 Dorland Rd S 1 $3,450.00 122822320095 503 Dorland Rd S 1 $3,450.00 122822320096 507 Dorland Rd S 1 $3,450.00 122822330096 2316 Hillwood Dr E 1 $3,450.00 122822330097 2376 Hillwood Dr E 1 $3,026.23 122822330098 2374 Hillwood Dr E 1 $3,026.23 122822330099 2372 Hillwood Dr E 1 $3,026.23 122822330100 2352 Hillwood Dr E 1 $3,026.23 122822330101 2354 Hillwood Dr E 1 $3,026.23 122822330102 2356 Hillwood Dr E 1 $3,026.23 122822330103 2364 Hillwood Dr E 1 $3,026.23 122822330104 2366 Hillwood Dr E 1 $3,026.23 122822330105 2368 Hillwood Dr E 1 $3,026.23 122822330106 2370 Hillwood Dr E 1 $3,026.23 122822330107 636 Dorland Rd S 1 $3,026.23 122822330108 638 Dorland Rd S 1 $3,026.23 122822330109 640 Dorland Rd S 1 $3,026.23 122822330110 2363 Springside Dr E 1 $3,026.23 122822330111 2361 Springside Dr E 1 $3,026.23 122822330112 2359 Springside Dr E 1 $3,026.23 122822330113 2357 Springside Dr E 1 $3,026.23 H2, Attachment 4 Packet Page Number 146 of 189 122822330114 2355 Springside Dr E 1 $3,026.23 122822330115 2353 Springside Dr E 1 $3,026.23 122822330116 2351 Springside Dr E 1 $3,026.23 122822330117 2358 Springside Dr E 1 $3,026.23 122822330118 2360 Springside Dr E 1 $3,026.23 122822330119 2362 Springside Dr E 1 $3,026.23 122822330120 2350 Springside Dr E 1 $3,026.23 122822330121 2352 Springside Dr E 1 $3,026.23 122822330122 2354 Springside Dr E 1 $3,026.23 122822330123 2356 Springside Dr E 1 $3,026.23 122822330124 668 Dorland Rd S 1 $3,026.23 122822330125 670 Dorland Rd S 1 $3,026.23 122822330126 672 Dorland Rd S 1 $3,026.23 122822330127 674 Dorland Rd S 1 $3,026.23 122822330128 676 Dorland Rd S 1 $3,026.23 122822330129 678 Dorland Rd S 1 $3,026.23 122822330130 680 Dorland Rd S 1 $3,026.23 122822330131 675 Dorland Rd S 1 $3,026.23 122822330132 677 Dorland Rd S 1 $3,026.23 122822330133 679 Dorland Rd S 1 $3,026.23 122822330134 667 Dorland Rd S 1 $3,026.23 122822330135 669 Dorland Rd S 1 $3,026.23 122822330136 671 Dorland Rd S 1 $3,026.23 122822330137 673 Dorland Rd S 1 $3,026.23 122822330138 661 Dorland Rd S 1 $3,026.23 122822330139 663 Dorland Rd S 1 $3,026.23 122822330140 665 Dorland Rd S 1 $3,026.23 122822330141 655 Dorland Rd S 1 $3,026.23 122822330142 657 Dorland Rd S 1 $3,026.23 122822330143 659 Dorland Rd S 1 $3,026.23 122822330144 645 Dorland Rd S 1 $3,026.23 122822330145 647 Dorland Rd S 1 $3,026.23 122822330146 649 Dorland Rd S 1 $3,026.23 122822330147 651 Dorland Rd S 1 $3,026.23 122822330148 653 Dorland Rd S 1 $3,026.23 122822330149 643 Dorland Rd S 1 $3,026.23 122822330150 641 Dorland Rd S 1 $3,026.23 122822330151 639 Dorland Rd S 1 $3,026.23 122822330152 637 Dorland Rd S 1 $3,026.23 122822330153 635 Dorland Rd S 1 $3,026.23 122822330154 633 Dorland Rd S 1 $3,026.23 122822330155 631 Dorland Rd S 1 $3,026.23 122822330156 629 Dorland Rd S 1 $3,026.23 122822330157 623 Dorland Rd S 1 $3,026.23 122822330158 625 Dorland Rd S 1 $3,026.23 122822330159 627 Dorland Rd S 1 $3,026.23 122822330160 2328 Hillwood Dr E 1 $3,026.23 122822330161 2330 Hillwood Dr E 1 $3,026.23 122822330162 2332 Hillwood Dr E 1 $3,026.23 122822330163 2322 Hillwood Dr E 1 $3,026.23 H2, Attachment 4 Packet Page Number 147 of 189 122822330164 2324 Hillwood Dr E 1 $3,026.23 122822330165 2326 Hillwood Dr E 1 $3,026.23 122822330166 2338 Hillwood Dr E 1 $3,026.23 122822330167 2336 Hillwood Dr E 1 $3,026.23 122822330168 2334 Hillwood Dr E 1 $3,026.23 122822330169 609 Dorland Rd S 1 $3,026.23 122822330170 607 Dorland Rd S 1 $3,026.23 122822330171 693 Dorland Rd S 1 $3,026.23 122822330172 695 Dorland Rd S 1 $3,026.23 122822330173 697 Dorland Rd S 1 $3,026.23 122822330174 701 Dorland Rd S 1 $3,026.23 122822330175 703 Dorland Rd S 1 $3,026.23 122822330176 709 Dorland Rd S 1 $3,026.23 122822330177 690 Dorland Rd S 1 $3,026.23 122822330178 692 Dorland Rd S 1 $3,026.23 122822330179 694 Dorland Rd S 1 $3,026.23 122822330180 696 Dorland Rd S 1 $3,026.23 122822340010 2384 Hillwood Dr E 1 $3,450.00 122822340014 2392 Hillwood Dr E 1 $3,450.00 122822340016 2410 Hillwood Dr E 1 $3,450.00 122822340017 2420 Hillwood Dr E 1 $3,450.00 122822340018 2430 Hillwood Dr E 1 $3,450.00 122822340019 600 Marnie St S 1 $3,450.00 122822340023 2439 Oakridge Ln E 1 $3,450.00 122822340024 2429 Oakridge Ln E 1 $3,450.00 122822340025 2419 Oakridge Ln E 1 $3,450.00 122822340026 2409 Oakridge Ln E 1 $3,450.00 122822340027 641 Huntington Ct S 1 $3,450.00 122822340028 651 Huntington Ct S 1 $3,450.00 122822340029 661 Huntington Ct S 1 $3,450.00 122822340030 671 Huntington Ct S 1 $3,450.00 122822340031 681 Huntington Ct S 1 $3,450.00 122822340032 682 Huntington Ct S 1 $3,450.00 122822340033 672 Huntington Ct S 1 $3,450.00 122822340034 662 Huntington Ct S 1 $3,450.00 122822340035 652 Huntington Ct S 1 $3,450.00 122822340036 2428 Oakridge Ln E 1 $3,450.00 122822340038 2438 Oakridge Ln E 1 $3,450.00 122822340039 2448 Hillwood Dr E 1 $3,450.00 122822340040 2458 Hillwood Dr E 1 $3,450.00 122822340041 2468 Hillwood Dr E 1 $3,450.00 122822340042 2478 Hillwood Dr E 1 $3,450.00 122822340045 2449 Hillwood Dr E 1 $3,450.00 122822340046 2459 Hillwood Dr E 1 $3,450.00 122822340047 2469 Hillwood Dr E 1 $3,450.00 122822340048 2479 Hillwood Dr E 1 $3,450.00 122822340049 2489 Hillwood Dr E 1 $3,450.00 122822340050 2499 Hillwood Dr E 1 $3,450.00 122822340058 2456 Springside Dr E 1 $3,450.00 122822340061 2457 Springside Dr E 1 $3,450.00 H2, Attachment 4 Packet Page Number 148 of 189 122822340073 2488 Hillwood Dr E 1 $3,450.00 122822340074 2498 Hillwood Dr E 1 $3,450.00 Totals:251 $830,352.90 $3,450 3684.1 $69 Total Townhome Assessment:$254,202.90 Number of Townhome Units:84 Assessment Rate Per Unit:$3,026.23 Residential Pavement Rehabilitation Unit Assessment Rate: Linwood Heights Townhomes Unit Rate Calculations Total Townhome Front‐Footage: Pavement Rehabilitation Rate per Front‐Foot: H2, Attachment 4 Packet Page Number 149 of 189 H2, Attachment 5 Packet Page Number 150 of 189 H2, Attachment 5 Packet Page Number 151 of 189 H2, Attachment 5 Packet Page Number 152 of 189 0Hillwood-Crestview Area Street ImprovementsCity Project 16-13Assessment Hearing, Adopt Roll,And Award of BidPresented to Maplewood City CouncilApril 24, 2017For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0Project Timeline•Feasibility Study ordered July 2016•Feasibility Study Approved December 2016•Public Hearing Held on January 9, 2017•Bids Opened on March 23, 2017•Four Neighborhood Meetings HeldFor the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0What is a Special Assessment?•Funding source utilized to finance a portion of public improvements•Property directly abutting improvements pay assessments for the benefit to the property•Maximum rates are set by the City Council on a yearly basis•Independent appraisal firm hired to determine benefit received by properties•Per Minnesota State Statute 429 the assessment amount cannot be greater than the direct benefit to the propertyFor the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0Special Assessment•Prior to the Assessment Hearing•Residents were mailed an official assessment notice•Assessment amount•Payment options•Deferral options•Right to object•Neighborhood assessment meeting held on April 11, 2017For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0Assessment Payment Information•Several payment options•Full Payment•Partial Payment•Remaining amount will be certified to Ramsey County•Full amount certified to Ramsey County•Certified amounts will be paid over a 15 year period with Ramsey County property taxes at 4% interestFor the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0Assessment Deferral Information•Deferral Options – 15 year period (interest of 4%)•65 year of age or older•Retired by virtue of a permanent and total disability•National Guard or other military reserve called into active duty•Proven financial hardship•Undeveloped property deferral – 15 year period with 4% interest•Assessments are terminated if no improvements are made within the deferment periodFor the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0Proposed Assessment•Number of Assessable Parcels = 248•Assessment Rates•Single Family Rate = $3,450.00•Townhome/Commercial/Multi-Family Rate = $69.00/linear foot•Proposed Total Assessments: $830,352.90For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0Proposed Assessment•Property owners have an opportunity to submit a written objection (forms available)•Must be received before the conclusion of the Assessment Hearing. Objections will not be accepted after the Hearing is closed.For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0Assessment Objections Received•535 Crestview Drive South – Undeveloped Property Deferral•2380 Oakridge Drive East - Undeveloped Property Deferral•504 Crestview Drive South – Revision of Assessment and Financial Hardship deferral•2416 Teakwood Drive – Senior Citizen Deferral•Recommend adopting the assessment roll except those with objections; and a recommendation will be made at the May 8, 2017 City Council meeting regarding the objections•The assessment hearing is the last opportunity to object to the assessments!For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0Award of Bid RecommendationsBidder NameTotal BidT.A. Schifsky & Sons$890,270.89Valley Paving$917,723.18North Valley Paving$922,425.55Park Construction Co.$924,049.15Astech Corp.$924,794.74McNamara Contracting$947,890.29Northwest Asphalt$947,671.88Hardrives, Inc.$1,008.642.12Engineer’s Estimate$1,137,214.30•T.A. Schifsky & Sons (Lowest of 8 bidders)For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0Project Financing•Approved Project = $1,582,542Budget•Estimated Total Cost = $1,234,000•Well under budget- reflects on competitive bid environmentFinished ProjectFor the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0Next Steps•Hold Public Hearing •Receive public input on the proposed assessments•Close Public Hearing•Council Considers Resolution for Adopting the Assessment Roll•Staff recommend adopting the assessment roll except those with objections; and a recommendation will be made at the May 8, 2017 City Council meeting regarding the objections•The assessment hearing is the last opportunity to object to the assessments!For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 0Next Steps•Council Considers Awarding Construction Contract•This is a separate action to be considered if the Council approves the resolution accepting the assessment roll.•Staff recommend approval of resolution for receiving bids and awarding of construction contract for the Hillwood-Crestview Area Street Improvements, City Project 16-13, to T.A. Schifsky and Sons.•If approved, construction to begin April 25, 2017 and be completed by the end of August 2017.For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: I2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director Steven Love, City Engineer / Deputy Public Works Director Jon Jarosch, Civil Engineer II DATE: April 17, 2017 SUBJECT: Pond-Dorland Area Street Improvements, Project 16-12 a. Assessment Hearing, 7:00 p.m. b. Consider Approval of Resolution Adopting Assessment Roll c. Consider Approval of Resolution Receiving Bids and Awarding Construction Contract Introduction The City Council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the May 8, 2017 council meeting and consider approving the attached resolution adopting the assessment roll less those property owners who have submitted objections. After the assessment hearing, the council will also consider awarding a construction contract. Background The Pond/Dorland Area Street Improvements project consists of two areas. Area 1 consists of Pond Avenue and Dorland Road and are generally bounded by Mailand Road, Londin Lane, and McKnight Road. Area 2 consists of Boxwood Avenue, Dorland Road, Overlook Circle, and Heights Avenue and are generally bounded by McKnight Road, Snowshoe Lane and Interstate 494 (see attached project location map). These streets are part of the City’s 2017 – 2021 Capital Improvement Plan. The assessment rates for this improvement project were established in accordance with the City’s Special Assessment Policy. The amount assessed must provide a benefit to the property that is equal to or greater than the assessed amount. An appraisal firm was hired to ascertain an opinion of the special benefit received by properties within the neighborhood project area. This information was used to set the proposed special benefit assessment amounts for the project area. There are a total of 284 assessable residential and commercial/multi-family parcels within the project area. The opinion found that the assessment rates established in the City’s Special Assessment Policy are justifiable. H3 Packet Page Number 153 of 189 The proposed assessment rates are as follows: • Residential o Full Reconstruction Rate = $6,600.00/unit o Partial Reconstruction Rate = $4,950.00/unit o Pavement Rehabilitation / Replacement Rate = $3,450.00/unit • Commercial / Multi-Family o Partial Reconstruction Special Benefit Assessment Rate = $99.00 Per Linear Foot o Townhome rates based on proportional share of the total front footage The proposed assessments for the Pond-Dorland Area Street Improvements total $597,418.50. A copy of the assessment roll is provided as a supplement to this report. All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at, or prior to, the hearing if they disagree with the assessment amount. As of April 17, 2017 staff has received the following objections to the proposed assessments: a. Parcel 12-28-22-23-0225 – Judith R. McDonough, 427 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613. Ms. McDonough is requesting a senior citizen or financial hardship deferral. b. Parcel 24-28-22-22-0013 – Elmer and Mary Guetschoff, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of $3,450 for the undeveloped portion off of Boxwood Avenue and $6,600 for the developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are requesting a cancellation of assessment for the Boxwood Avenue portion of their assessment and a revision of the Dorland Road Portion of their assessment. The objections listed above are summaries of the filed objections. A full copy of each objection has been attached to this report. Objections will be received up to and as part of the assessment hearing on April 24, 2017. Once the hearing is closed, no further objections will be considered. Staff will review all submitted objections and provide the City Council recommendations for action on those objections at the May 8, 2017 City Council meeting. Staff will coordinate with the objectors and send out the staff determination that will be recommended to the Council on May 8th; this letter will also inform the property owner that if they wish to further address the City Council about the proposed assessment or staff recommendation they will be able to do so at the May 8, 2017 City Council Meeting. Discussion Final plans and specification for Pond-Dorland Area Street Improvements were approved and authorization given to advertise for sealed bids on March 13, 2017. Bids were received, opened and read on April 6, 2017. Five valid bids were received and tabulated. A summary of the bids are shown in Exhibit 1 on the following page. All bids have been checked and tabulated for accuracy. H3 Packet Page Number 154 of 189 The engineer’s estimate for project construction cost was $1,309,658.50. As seen in Exhibit 1 the bids ranged from $1,142,034.66 to $1,288,401.97. The low bid from Park Construction Company of $1,142,034.66 is approximately $167,000 less than the engineer’s estimate. Bids Contractor Total Bid 1 Park Construction Co.$1,142,034.66 2 T.A. Schifsky & Sons $1,147,798.26 3 Hardrives, Inc.$1,169,062.10 4 Astech Corporation $1,173,206.23 5 McNamara Contracting $1,288,401.97 Engineering Estimate $1,309,658.50 BID TABULATION - EXHIBIT 1 The City has worked successfully with Park Construction Company as a prime contractor in the past, most recently during the Gladstone Phase II Improvements, City Project 14-01. Budget Impact The current approved budget for the project is $2,130,620. This accounts for the construction cost plus indirect costs. The proposed construction contract is $1,142,035. The anticipated total project cost, including indirect costs is $1,607,985. This is roughly $522,000 under the approved budget. However the second phase of the flooding study is underway and staff expects to bring back a recommendation for infrastructure improvements based on that study to help solve the underlying flooding issues. Those additional costs would utilize the existing budget as part of a City Council authorized change order at a future council meeting. Therefore no budget adjustment or reduction is recommended at this time. Recommendation Staff recommends the City Council: a. Hold an assessment hearing and receive any objections. b. Approve the resolution for Adopting Assessment Roll for the Pond-Dorland Area Street Improvements, City Project 16-12. c. Approve the resolution for Receiving Bids and Awarding Construction Contract for the Pond-Dorland Area Street Improvements, City Project 16-12, to Park Construction Company. Attachments 1. Resolution Adopting Assessment Roll 2. Resolution Award of Bids and Awarding Construction Contract 3. Project Location Map 4. Assessment Roll 5. Objection Letters H3 Packet Page Number 155 of 189 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to resolution passed by the City Council on March 27, 2017, calling for a Public Hearing, the assessment roll for the Pond-Dorland Area Street Improvements, City Project 16-12 was presented in a Public Hearing, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 12-28-22-23-0225 – Judith R. McDonough, 427 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613. Ms. McDonough is requesting a senior citizen or financial hardship deferral. b. Parcel 24-28-22-22-0013 – Elmer and Mary Guetschoff, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of $3,450 for the undeveloped portion off of Boxwood Avenue and $6,600 for the developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are requesting a cancellation of assessment for the Boxwood Avenue portion of their assessment and a revision of the Dorland Road Portion of their assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 8, 2017, as to their recommendations for adjustments. 3. The assessment roll for the Pond-Dorland Area Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4. Such assessments shall be payable in equal annual installments extending over a period of and 15 years for all properties, the first installments to be payable on or before the first Monday in January 2018 and shall bear interest at the rate of 4.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. The owner of any property so assessed may, at any time prior to certification of the H3, Attachment 1 Packet Page Number 156 of 189 assessment to the county auditor, but no later than November 15, 2017, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2017, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 6. The City Engineer and City Clerk shall forthwith after November 15, 2017, but no later than November 16, 2017, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Approved this 24th day of April 2017. H3, Attachment 1 Packet Page Number 157 of 189 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that that the bid of Park Construction Company in the amount of $1,142,034.66 is the lowest responsible bid for the construction of Pond-Dorland Area Street Improvements, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by the City Council. Approved this 24th day of April 2017. H3, Attachment 2 Packet Page Number 158 of 189 H3, Attachment 3 Packet Page Number 159 of 189 Final Assessment Roll Pond‐Dorland Area Street Improvements City Project 16‐12 ParcelID SiteAddress Units Total Assessment 122822230002 2318 Londin Ln E 0.5 $806.50 122822230003 2302 Londin Ln E 0.5 $806.50 122822230004 2286 Londin Ln E 0.5 $806.50 122822230011 410 Mcknight Rd S 1 $23,760.00 122822230204 2286 Pond Ave E 1 $1,613.00 122822230205 2284 Pond Ave E 1 $1,613.00 122822230206 2290 Pond Ave E 1 $1,613.00 122822230207 2288 Pond Ave E 1 $1,613.00 122822230208 2296 Pond Ave E 1 $1,613.00 122822230209 2294 Pond Ave E 1 $1,613.00 122822230210 2300 Pond Ave E 1 $1,613.00 122822230211 2298 Pond Ave E 1 $1,613.00 122822230212 2306 Pond Ave E 1 $1,613.00 122822230213 2304 Pond Ave E 1 $1,613.00 122822230214 2310 Pond Ave E 1 $1,613.00 122822230215 2308 Pond Ave E 1 $1,613.00 122822230216 407 Dorland Rd S 1 $1,613.00 122822230217 413 Dorland Rd S 1 $1,613.00 122822230218 411 Dorland Rd S 1 $1,613.00 122822230219 409 Dorland Rd S 1 $1,613.00 122822230220 417 Dorland Rd S 1 $1,613.00 122822230221 423 Dorland Rd S 1 $1,613.00 122822230222 421 Dorland Rd S 1 $1,613.00 122822230223 419 Dorland Rd S 1 $1,613.00 122822230224 429 Dorland Rd S 1 $1,613.00 122822230225 427 Dorland Rd S 1 $1,613.00 122822230226 433 Dorland Rd S 1 $1,613.00 122822230227 431 Dorland Rd S 1 $1,613.00 122822230228 439 Dorland Rd S 1 $1,613.00 122822230229 437 Dorland Rd S 1 $1,613.00 122822230230 443 Dorland Rd S 1 $1,613.00 122822230231 441 Dorland Rd S 1 $1,613.00 122822230232 451 Dorland Rd S 1 $1,613.00 122822230233 449 Dorland Rd S 1 $1,613.00 122822230234 447 Dorland Rd S 1 $1,613.00 122822230235 453 Dorland Rd S 1 $1,613.00 122822230236 2313 Mailand Rd E 1 $1,613.00 122822230237 2315 Mailand Rd E 1 $1,613.00 H3, Attachment 4 Packet Page Number 160 of 189 122822230248 370 Mcknight Rd S 1 $1,613.00 122822230249 372 Mcknight Rd S 1 $1,613.00 122822230250 374 Mcknight Rd S 1 $1,613.00 122822230251 376 Mcknight Rd S 1 $1,613.00 122822230252 378 Mcknight Rd S 1 $1,613.00 122822230253 380 Mcknight Rd S 1 $1,613.00 122822230254 382 Mcknight Rd S 1 $1,613.00 122822230255 384 Mcknight Rd S 1 $1,613.00 122822230256 2279 Pond Ave E 1 $1,613.00 122822230257 2281 Pond Ave E 1 $1,613.00 122822230258 2283 Pond Ave E 1 $1,613.00 122822230259 2285 Pond Ave E 1 $1,613.00 122822230260 2287 Pond Ave E 1 $1,613.00 122822230261 2289 Pond Ave E 1 $1,613.00 122822230262 2291 Pond Ave E 1 $1,613.00 122822230263 2293 Pond Ave E 1 $1,613.00 122822230264 371 Pond Ct 1 $1,613.00 122822230265 373 Pond Ct 1 $1,613.00 122822230266 375 Pond Ct 1 $1,613.00 122822230267 377 Pond Ct 1 $1,613.00 122822230268 379 Pond Ct 1 $1,613.00 122822230269 381 Pond Ct 1 $1,613.00 122822230270 383 Pond Ct 1 $1,613.00 122822230271 385 Pond Ct 1 $1,613.00 122822230272 2310 Londin Ct 0.5 $806.50 122822230273 2312 Londin Ct 0.5 $806.50 122822230274 2314 Londin Ct 0.5 $806.50 122822230275 2316 Londin Ct 0.5 $806.50 122822230276 2318 Londin Ct 0.5 $806.50 122822230277 2320 Londin Ct 0.5 $806.50 122822230278 2322 Londin Ct 0.5 $806.50 122822230279 2324 Londin Ct 0.5 $806.50 122822230280 2315 Pond Ave E 1 $1,613.00 122822230281 2317 Pond Ave E 1 $1,613.00 122822230282 2319 Pond Ave E 1 $1,613.00 122822230283 2321 Pond Ave E 1 $1,613.00 122822230284 371 Dorland Rd S 0.5 $806.50 122822230285 373 Dorland Rd S 0.5 $806.50 122822230286 375 Dorland Rd S 0.5 $806.50 122822230287 377 Dorland Rd S 0.5 $806.50 122822230288 379 Dorland Rd S 0.5 $806.50 122822230289 381 Dorland Rd S 0.5 $806.50 122822230290 383 Dorland Rd S 0.5 $806.50 H3, Attachment 4 Packet Page Number 161 of 189 122822230291 385 Dorland Rd S 0.5 $806.50 122822230292 2370 Londin Ln E 0.5 $806.50 122822230293 2368 Londin Ln E 0.5 $806.50 122822230294 2366 Londin Ln E 0.5 $806.50 122822230295 2364 Londin Ln E 0.5 $806.50 122822230296 2362 Londin Ln E 0.5 $806.50 122822230297 2360 Londin Ln E 0.5 $806.50 122822230298 2358 Londin Ln E 0.5 $806.50 122822230299 2356 Londin Ln E 0.5 $806.50 122822230300 366 Dorland Rd S 0.5 $806.50 122822230301 368 Dorland Rd S 0.5 $806.50 122822230302 370 Dorland Rd S 0.5 $806.50 122822230303 372 Dorland Rd S 0.5 $806.50 122822230304 2355 Dorland Ln 0.5 $806.50 122822230305 2357 Dorland Ln 0.5 $806.50 122822230306 2359 Dorland Ln 0.5 $806.50 122822230307 2361 Dorland Ln 0.5 $806.50 122822230308 2363 Dorland Ln 0.5 $806.50 122822230309 2365 Dorland Ln 0.5 $806.50 122822230310 371 Dorland Ln 0.5 $806.50 122822230311 369 Dorland Ln 0.5 $806.50 122822230312 2370 Dorland Ln 0.5 $806.50 122822230313 2368 Dorland Ln 0.5 $806.50 122822230314 2366 Dorland Ln 0.5 $806.50 122822230315 2364 Dorland Ln 0.5 $806.50 122822230316 2360 Dorland Ln 0.5 $806.50 122822230317 2358 Dorland Ln 0.5 $806.50 122822230318 2356 Dorland Ln 0.5 $806.50 122822230319 2354 Dorland Ln 0.5 $806.50 122822230320 2352 Dorland Ln 0.5 $806.50 122822230321 2350 Dorland Ln 0.5 $806.50 122822230322 394 Dorland Dr 1 $1,613.00 122822230323 396 Dorland Dr 1 $1,613.00 122822230324 398 Dorland Dr 1 $1,613.00 122822230325 400 Dorland Dr 1 $1,613.00 122822230326 402 Dorland Dr 1 $1,613.00 122822230327 404 Dorland Dr 1 $1,613.00 122822230328 2352 Dorland Dr 1 $1,613.00 122822230329 2350 Dorland Dr 1 $1,613.00 122822230330 2348 Dorland Dr 1 $1,613.00 122822230331 2346 Dorland Dr 1 $1,613.00 122822230332 2344 Dorland Dr 1 $1,613.00 122822230333 2342 Dorland Dr 1 $1,613.00 H3, Attachment 4 Packet Page Number 162 of 189 122822230334 410 Dorland Rd S 1 $1,613.00 122822230335 412 Dorland Rd S 1 $1,613.00 122822230336 414 Dorland Rd S 1 $1,613.00 122822230337 416 Dorland Rd S 1 $1,613.00 122822230338 2349 Dorland Pl 1 $1,613.00 122822230339 2351 Dorland Pl 1 $1,613.00 122822230340 2353 Dorland Pl 1 $1,613.00 122822230341 2355 Dorland Pl 1 $1,613.00 122822230342 2357 Dorland Pl 1 $1,613.00 122822230343 2359 Dorland Pl 1 $1,613.00 122822230344 413 Dorland Pl 1 $1,613.00 122822230345 411 Dorland Pl 1 $1,613.00 122822230346 409 Dorland Pl 1 $1,613.00 122822230347 407 Dorland Pl 1 $1,613.00 122822230348 2367 Dorland Pl 1 $1,613.00 122822230349 2369 Dorland Pl 1 $1,613.00 122822230350 2371 Dorland Pl 1 $1,613.00 122822230351 2373 Dorland Pl 1 $1,613.00 122822230352 408 Dorland Pl 1 $1,613.00 122822230353 410 Dorland Pl 1 $1,613.00 122822230354 412 Dorland Pl 1 $1,613.00 122822230355 414 Dorland Pl 1 $1,613.00 122822230356 416 Dorland Pl 1 $1,613.00 122822230357 418 Dorland Pl 1 $1,613.00 122822230358 420 Dorland Pl 1 $1,613.00 122822230359 422 Dorland Pl 1 $1,613.00 122822230360 2368 Dorland Pl 1 $1,613.00 122822230361 2366 Dorland Pl 1 $1,613.00 122822230362 2364 Dorland Pl 1 $1,613.00 122822230363 2362 Dorland Pl 1 $1,613.00 122822230364 2360 Dorland Pl 1 $1,613.00 122822230365 2358 Dorland Pl 1 $1,613.00 122822230366 2356 Dorland Pl 1 $1,613.00 122822230367 2354 Dorland Pl 1 $1,613.00 122822230368 2348 Dorland Pl 1 $1,613.00 122822230369 2346 Dorland Pl 1 $1,613.00 122822230370 2344 Dorland Pl 1 $1,613.00 122822230371 2342 Dorland Pl 1 $1,613.00 122822230372 2338 Dorland Pl 1 $1,613.00 122822230373 2336 Dorland Pl 1 $1,613.00 122822230374 2334 Dorland Pl 1 $1,613.00 122822230375 2332 Dorland Pl 1 $1,613.00 122822230376 2330 Dorland Pl 1 $1,613.00 H3, Attachment 4 Packet Page Number 163 of 189 122822230377 2328 Dorland Pl 1 $1,613.00 122822230378 436 Dorland Rd S 0.5 $806.50 122822230379 438 Dorland Rd S 0.5 $806.50 122822230380 440 Dorland Rd S 0.5 $806.50 122822230381 442 Dorland Rd S 0.5 $806.50 122822230382 444 Dorland Rd S 0.5 $806.50 122822230383 446 Dorland Rd S 0.5 $806.50 122822230384 448 Dorland Rd S 0.5 $806.50 122822230385 450 Dorland Rd S 0.5 $806.50 122822230386 2335 Dorland Ct 0.5 $806.50 122822230387 2337 Dorland Ct 0.5 $806.50 122822230388 2339 Dorland Ct 0.5 $806.50 122822230389 2341 Dorland Ct 0.5 $806.50 122822230390 2343 Dorland Ct 0.5 $806.50 122822230391 2345 Dorland Ct 0.5 $806.50 122822230392 2349 Mailand Ct 0.5 $806.50 122822230393 2351 Mailand Ct 0.5 $806.50 122822230394 2353 Mailand Ct 0.5 $806.50 122822230395 2355 Mailand Ct 0.5 $806.50 122822230396 2357 Mailand Ct 0.5 $806.50 122822230397 2359 Mailand Ct 0.5 $806.50 122822230398 2361 Mailand Ct 0.5 $806.50 122822230399 2363 Mailand Ct 0.5 $806.50 122822230400 2371 Mailand Ct 0.5 $806.50 122822230401 2373 Mailand Ct 0.5 $806.50 122822230402 2375 Mailand Ct 0.5 $806.50 122822230403 2377 Mailand Ct 0.5 $806.50 122822230404 2328 Dorland Ct 0.5 $806.50 122822230405 2330 Dorland Ct 0.5 $806.50 122822230406 2332 Dorland Ct 0.5 $806.50 122822230407 2334 Dorland Ct 0.5 $806.50 122822230408 2336 Dorland Ct 0.5 $806.50 122822230409 2338 Dorland Ct 0.5 $806.50 122822230410 463 Dorland Ct 0.5 $806.50 122822230411 465 Dorland Ct 0.5 $806.50 122822230412 467 Dorland Ct 0.5 $806.50 122822230413 469 Dorland Ct 0.5 $806.50 122822230414 2367 Dorland Ct 0.5 $806.50 122822230415 2365 Dorland Ct 0.5 $806.50 122822230416 2363 Dorland Ct 0.5 $806.50 122822230417 2361 Dorland Ct 0.5 $806.50 122822230418 460 Dorland Ct 0.5 $806.50 122822230419 458 Dorland Ct 0.5 $806.50 H3, Attachment 4 Packet Page Number 164 of 189 122822230420 456 Dorland Ct 0.5 $806.50 122822230421 454 Dorland Ct 0.5 $806.50 122822230422 2360 Mailand Ct 0.5 $806.50 122822230423 2362 Mailand Ct 0.5 $806.50 122822230424 2364 Mailand Ct 0.5 $806.50 122822230425 2366 Mailand Ct 0.5 $806.50 122822230426 2368 Mailand Ct 0.5 $806.50 122822230427 2370 Mailand Ct 0.5 $806.50 122822230428 2372 Mailand Ct 0.5 $806.50 122822230429 2374 Mailand Ct 0.5 $806.50 122822230430 457 Mailand Ct 0.5 $806.50 122822230431 459 Mailand Ct 0.5 $806.50 122822230432 461 Mailand Ct 0.5 $806.50 122822230433 463 Mailand Ct 0.5 $806.50 122822230434 465 Mailand Ct 0.5 $806.50 122822230435 467 Mailand Ct 0.5 $806.50 122822230436 469 Mailand Ct 0.5 $806.50 122822230437 471 Mailand Ct 0.5 $806.50 132822330044 2261 Boxwood Ave E 1 $3,450 132822330045 2267 Boxwood Ave E 1 $3,450 132822330046 2275 Boxwood Ave E 1 $3,450 132822330047 2283 Boxwood Ave E 1 $3,450 132822330048 2291 Boxwood Ave E 1 $3,450 132822330049 2299 Boxwood Ave E 1 $3,450 132822330050 2307 Boxwood Ave E 1 $3,450 132822330067 2325 Boxwood Ave E 1 $3,450 132822330068 2319 Boxwood Ave E 1 $3,450 132822330084 2311 Boxwood Ave E 1 $3,450 132822330085 2317 Boxwood Ave E 1 $3,450 242822220001 1208 Dorland Rd S 1 $6,600 242822220002 1220 Dorland Rd S 1 $6,600 242822220003 1234 Dorland Rd S 1 $6,600 242822220004 1240 Dorland Rd S 1 $6,600 242822220005 1250 Dorland Rd S 1 $6,600 242822220006 1260 Dorland Rd S 1 $6,600 242822220007 1268 Dorland Rd S 1 $6,600 242822220008 1278 Dorland Rd S 1 $6,600 242822220009 1288 Dorland Rd S 1 $6,600 242822220013 1211 Dorland Rd S 2 $10,050 242822220014 1221 Dorland Rd S 1 $6,600 242822220015 1235 Dorland Rd S 1 $6,600 242822220016 1239 Dorland Rd S 1 $6,600 242822220017 1251 Dorland Rd S 1 $6,600 H3, Attachment 4 Packet Page Number 165 of 189 242822220018 1265 Dorland Rd S 1 $6,600 242822220019 1277 Dorland Rd S 1 $6,600 242822220020 1289 Dorland Rd S 1 $6,600 242822220021 2345 Carver Ave E 1 $6,600 242822220035 1220 Mcknight Rd S 1 $42,366.00 242822220037 2353 Carver Ave E 1 $6,600 242822230014 1323 Dorland Rd S 1 $3,450 242822230015 1331 Dorland Rd S 1 $3,450 242822230016 1339 Dorland Rd S 1 $3,450 242822230017 1347 Dorland Rd S 1 $3,450 242822230020 2330 Overlook Cir E 1 $3,450 242822230021 2338 Overlook Cir E 1 $3,450 242822230022 1371 Dorland Rd S 1 $3,450 242822230023 1379 Dorland Rd S 1 $3,450 242822230024 1387 Dorland Rd S 1 $3,450 242822230025 2346 Heights Ave E 1 $3,450 242822230026 2354 Heights Ave E 1 $3,450 242822230027 2362 Heights Ave E 1 $3,450 242822230028 2372 Heights Ave E 1 $3,450 242822230029 1324 Dorland Rd S 1 $3,450 242822230030 1332 Dorland Rd S 1 $3,450 242822230031 1340 Dorland Rd S 1 $3,450 242822230032 1348 Dorland Rd S 1 $3,450 242822230033 1356 Dorland Rd S 1 $3,450 242822230034 1364 Dorland Rd S 1 $3,450 242822230035 1372 Dorland Rd S 1 $3,450 242822230036 1380 Dorland Rd S 1 $3,450 242822230037 1388 Dorland Rd S 1 $3,450 242822230038 2359 Heights Ave E 1 $3,450 242822230039 1355 Dorland Rd S 1 $3,450 242822230040 2322 Overlook Cir E 1 $3,450 Totals: 230.5 $597,418.50 $3,450 $4,950 $6,600 Residential Pavement Rehabilitation Unit Assessment Rate: Residential Partial Reconstruction Unit Assessment Rate: Residential Full Reconstruction Unit Assessment Rate: H3, Attachment 4 Packet Page Number 166 of 189 Total Pond Avenue Front Footage:240 $99 Total Townhome Assessment:$23,760.00 3698.5 $99 Total Townhome Assessment:$366,151.50 Number of Townhome Units:227 Assessment Rate Per Unit:$1,613.00 Total Pond Avenue Front Footage:614 $69 Total Townhome Assessment:$42,366.00 Seventh Day Church Calculations Partial Reconstruction Rate per Front‐Foot: Townhomes Unit Rate Calculations Total Townhome Front‐Footage: Partial Reconstruction Rate per Front‐Foot: Maplewood Gardens Apartments Calculations Partial Reconstruction Rate per Front‐Foot: H3, Attachment 4 Packet Page Number 167 of 189 H3, Attachment 5 Packet Page Number 168 of 189 H3, Attachment 5 Packet Page Number 169 of 189 0Pond - DorlandArea Street ImprovementsCity Project 16-12Assessment Hearing, Adopt Roll,And Award of BidPresented to Maplewood City CouncilApril 24, 2017For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0Project Timeline•Feasibility Study ordered July 2016•Feasibility Study Approved December 2016•Public Hearing Held on January 9, 2017•Bids Opened on April 6, 2017•Four Neighborhood Meetings HeldFor the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0What is a Special Assessment?•Funding source utilized to finance a portion of public improvements•Real property abutting improvements pays assessment for the direct benefit to the property•Maximum rates are set by the City Council on a yearly basis•Independent appraisal firm hired to determine benefit received by properties•Per Minnesota State Statute 429 the assessment amount cannot be more than the direct benefit to the propertyFor the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0Special Assessment•Prior to the Assessment Hearing•Residents were mailed an official assessment notice•Assessment amount•Payment options•Deferral options•Right to object•Neighborhood assessment meeting held on April 11, 2017For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0Assessment Payment Information•Several payment options•Full Payment•Partial Payment•Remaining amount will be certified to Ramsey County•Full amount certified to Ramsey County•Certified amounts will be paid over a 15 year period at 4% interest with Ramsey County property taxesFor the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0Assessment Deferral Information•Deferral Options – 15 year period with 4% interest•65 year of age or older•Retired by virtue of a permanent and total disability•National Guard or other military reserve called into active duty•Proven financial hardship•Undeveloped property deferral – 15 year period with 4% interest•Assessments are terminated if no improvements are made within the deferment periodFor the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0Proposed Assessment•Assessable parcels = 284•Assessment Rates•Single Family Full Reconstruction Rate = $6,600.00•Single Family Pavement Rehabilitation Rate = $3,450.00•Townhome/Commercial/Multi-Family Pavement Rehabilitation Rate = $69.00/linear foot•Proposed Total Assessments: $597,418.50For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0Proposed Assessment•Property owners may submit a written objection to the City•Must be received before the conclusion of the Assessment Hearing. Objections will not be accepted after the Hearing is closed.For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0Assessment Objections Received•427 Dorland Road South – Senior Citizen/Financial Hardship Deferral•1211 Dorland Road South – Cancellation and Revision of Assessment•377 Pond Court - Cancellation and Revision of Assessment•Recommend adopting the assessment roll except those with objections; and a recommendation will be made at the May 8, 2017 City Council meeting regarding the objections•The assessment hearing is the last opportunity to object to the assessments!For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0Award of Bid RecommendationsBidder NameTotal BidPark Construction Co.$1,142,034.66T.A. Schifsky & Sons$1,147,798.26Hardrives, Inc.$1,169,062.10Astech Corp.$1,173,206.23McNamara Contracting $1,288,401.97Engineer’s Estimate$1,309,658.50•Park Construction Co. (Lowest of 5 bidders)For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0Project Financing•Approved Project = $2,130,620Budget•Estimated Total Cost = $1,608,000•Well under budget based on competitive bidding environmentFinished ProjectFor the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0Next Steps•Hold Public Hearing •Receive public input on the proposed assessments•Close Public Hearing•Council Considers Resolution for Adopting the Assessment Roll•Staff recommend adopting the assessment roll except those with objections; and a recommendation will be made at the May 8, 2017 City Council meeting regarding the objections•The assessment hearing is the last opportunity to object to the assessments!For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 0Next Steps•Council Considers Awarding Construction Contract•This is a separate action to be considered if the Council approves the resolution accepting the assessment roll.•Staff recommend approval of resolution for receiving bids and awarding of construction contract for the Pond-Dorland Area Street Improvements, City Project 16-12, to Park Construction Co.•If approved, construction to begin May 8, 2017 and be completed by the end of August 2017.For the Permanent Record Meeting Date: 04/24/2017 Agenda Item: H3 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 170 of 189 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager Mike Funk, Assistant City Manager/HR Director DATE: April 19, 2017 SUBJECT: Update on Status of Labor Contract Negotiations a. Intent to Close Meeting as Allowed by Minnesota State Statute 13D.03(b) Introduction The purpose of this discussion is to consider strategies, review offers received from the bargaining units, analyze fiscal considerations, and to develop negotiation positions for counter proposal(s) for all seven (7) bargaining units. Background There are approximately 170 benefit earning employees that belong to one (1) of seven (7) collective bargaining units. Each bargaining unit has a collective bargaining agreement (CBA), or more commonly referred to as a ‘union contract’, with the City of Maplewood. Each of these seven (7) union contracts have a term expiring on December 31, 2016; with the current contract in place until a new contract is approved. The following is a list of the bargaining units: • Law Enforcement Labor Services (LELS), Local 173, Police Sergeants • Law Enforcement Labor Services (LELS), Local 153, Police Officers • Maplewood Confidential & Supervisory Group (MCSA) • Minnesota AFSCME Council 5, Local 2725 • The Metro Supervisory Group (MSA) • International Association of Fire Fighters, Local 4470, Fire Fighters • International Association of Fire Fighters, Local 4470, Fire Officers On October 10th, 2016, the City Council met in closed session to discuss strategy and to provide direction. Since that time there have been several negotiation meetings with each of the bargaining groups to discuss contracts. The most recent update to Council was on February 27, 2017. During the closed session, staff will provide an overview of the negotiations and seek direction regarding strategy. There are seven exceptions to the open meeting law that authorize the closure of meetings to the public. Minnesota Statutes Section 13D.03 allows the meeting to be closed to consider strategies for labor negotiations, including negotiation strategies or development or discussion of labor-negotiation proposals. I1 Packet Page Number 171 of 189 Recommendation Before the meeting is closed, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. Therefore, it is recommended the City Council introduce the following motion: Pursuant to Minnesota Statutes Section 13D.03,Subd. (b), I hereby move to close the regular meeting and go into closed session to discuss strategies, review offers received from the bargaining units, analyze fiscal considerations, and to provide direction to staff on developing negotiation positions for counter proposals for all seven (7) bargaining units. Attachments 1. No attachments, however information will be provided at the closed session. I1 Packet Page Number 172 of 189 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, Economic Development Coordinator DuWayne Konewko, Environmental & Economic Development Department Director DATE: April 14, 2017 SUBJECT: Consider Approval of Purchase Agreement, 1160 Frost Avenue East Introduction At the November 28, 2016 workshop meeting, staff provided the city council an update on several projects and initiatives the department is working on for 2017 and beyond. One of those projects included the continued redevelopment of the Gladstone Neighborhood and identifying potential parcels the city would seek for acquisition. Request Approve the terms of the attached purchase agreement and authorize the Mayor and City Manager to enter into a purchase agreement for the property at 1160 Frost Avenue East. The City Attorney is authorized to approve the final format of the agreement and also approve minor modifications to the agreement. Discussion Gladstone Neighborhood Redevelopment As the redevelopment of the former Maplewood Bowl site continues, staff is looking for ways to continue this effort in other areas of the neighborhood. One of the repeated themes staff has heard from developers is the site prep costs in this neighborhood are prohibitive and create difficulties in continuing the revitalization of this important neighborhood. As a response to this barrier, in the existing capital improvement plan (CIP) the city council targeted $4.75 million to be used for the acquisition of property for redevelopment. Specific properties will be identified and the city may act as developer or in agreement with a private developer to acquire and demolish existing buildings and property for development in accordance with the approved Gladstone Master Plan and the city's Comprehensive Plan. The CIP has this work slated to start in 2018. That is when the funding would be made available. Staff has already begun the process of analyzing properties and contacting property owners to gauge interest. In the interim, a property has become available and it J1 Packet Page Number 173 of 189 is staff’s recommendation the city acquire this property in 2017 using existing funds within the city’s EDA and redevelopment budgets. 1160 Frost Avenue East Staff has come to an agreement with the property owner of 1160 Frost Avenue. The current owner purchased this 2.35 acre property tax forfeit directly from Ramsey County. The owner then used the property as storage for junk vehicles which the zoning code does not allow. The property owner was responsive to the city’s orders to comply with the zoning code and cleaned up the property. The existing owner does not have a use for the property now so city staff engaged with him on a potential purchase. The site is guided and zoned for medium density residential housing. The intent would be for the city to hold this land and to work with a developer on potential acquisition of vacant land surrounding this parcel for a housing development project. The total cost to purchase this land would be $270,000 – cost of the land is $250,000 and the broker fee is $20,000 (8 percent of land cost). Mike Brass, who has served as the city’s broker on several recent real estate transactions, has stated this is a fair price for the city to acquire this piece of property. Acquiring this piece of property will enable the city to implement its vision for this part of the neighborhood on a more immediate basis than would a property owner seeking interim uses for the site. Budget Impact The Finance Director has approved the utilization of monies from the city’s EDA and redevelopment funds to acquire the property at 1160 Frost Avenue East. Recommendation Approve the terms of the purchase agreement and authorize the Mayor and City Manager to enter into a purchase agreement for the property at 1160 Frost Avenue East. The City Attorney is authorized to approve the final format of the agreement and also approve minor modifications to the agreement. Attachment 1. Location Map – 1160 Frost Avenue East 2. Purchase Agreement J1 Packet Page Number 174 of 189 1160 Frost Avenue East City of Maplewood April 13, 2017 Overview Map Legend !I Subject Property 0 240FeetSource: City of Maplewood, Ramsey County J1, Attachment 1 Packet Page Number 175 of 189 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the “Agreement”) is made as of this ___ day of _______________, 2017 (the “Effective Date”), by and between Warfa Real Estate, a Minnesota limited liability company (the “Seller”), and the city of Maplewood, a Minnesota municipal corporation (the “Buyer”). The Seller and the Buyer are collectively referred to herein as the “Parties.” WHEREAS, the Seller is the owner of the real property located at 1160 Frost Avenue East, Maplewood, Minnesota 55109, being legally described on Exhibit A attached hereto (the “Property”); and WHEREAS, the Buyer wishes to purchase the Property under certain terms and conditions as set forth in this Agreement; and NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties hereby agree as follows: 1.Offer/Acceptance for Sale of Property. The Seller hereby agrees to sell the Property to the Buyer and the Buyer hereby agrees to purchase the same, pursuant to the terms and conditions of this Agreement. 2.Purchase Price and Terms. The total purchase price for the Property is Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) (the “Purchase Price”). 3.Closing. The closing on the purchase and sale of the Property (the “Closing”) shall occur on May 5, 2017 (the “Closing Date”), or such earlier date as the Parties may agree upon, at the offices of Land Title, Inc., 2200 West County Road C, Suite 2205, Roseville, 55113 (the “Title Company”). 4.Terms. a.Earnest Money. Within 10 days of execution of this Agreement by both Parties, the sum of Three Thousand Dollars ($3,000) (the “Earnest Money”) shall be paid by the Buyer to the Title Company and placed into a noninterest-bearing escrow account where it shall remain until Closing. b.Balance Due Seller. The Buyer agrees to pay by cash, check or electronic transfer of funds on the Closing Date the full balance of the Purchase Price due to Seller according to the terms of this Agreement. c.Deed/Marketable Title. Subject to performance by the Buyer, the Seller agrees to execute and deliver on the Closing Date a Warranty Deed conveying good, marketable, insurable, and indefeasible title to the Property to the Buyer, subject only to the following Permitted Exceptions: i.Building and zoning laws, ordinances, state and federal regulations. J1, Attachment 2 Packet Page Number 176 of 189 ii. Reservation of minerals or mineral rights to the State of Minnesota, if any. iii. Public utility and drainage easements of record which will not interfere with the Buyer’s intended use of the Property. 5. Documents. In addition to the Warranty Deed required at paragraph 4(c) above, the following documents shall be in approved form, be executed by the Seller either before or at Closing and be delivered by the Seller at Closing: a. A standard form Affidavit of Seller; b. A “bring-down” certificate, certifying that all of the warranties made by the Seller in this Agreement remain true as of the Closing Date; c. A certificate that the Seller is not a foreign national; d. If an inspection by or on behalf of the Buyer discloses the existence of petroleum product or other pollutant, contaminant or other hazardous substance on the Property, either (i) a closure letter from the Minnesota Pollution Control Agency (MPCA) or other appropriate regulatory authority that remediation has been completed to the satisfaction of the MPCA or other authority; or (ii) an additional agreement for remediation/indemnification and security as the Buyer may require; e. A well disclosure certificate, if required, or, if there is no well on the Property, the Warranty Deed given pursuant to paragraph 4(b) above must include the following statement: "The Seller certifies that the Seller does not know of any wells on the described real property."; If the Seller is unaware of the location of a well and there is a building permit issued for the Property prior to installation of a City water system, the Seller agrees to have a Licensed Well Contractor examine the Property for purposes of locating a well; The Seller agrees to have all wells located on the Property that are not in use sealed by a Licensed Well Contractor at the Seller’s expense. The Seller further agrees to escrow funds at closing for the purpose of locating and sealing wells if circumstances prohibit locating and sealing wells prior to closing; f. A Methamphetamine Disclosure Certificate; g. Copies of any written lease agreements affecting the Property, if any, and details of any oral lease agreements affecting the Property, if any, and evidence of the termination of any such lease agreements; and J1, Attachment 2 Packet Page Number 177 of 189 h. Any other documents reasonably required by the Buyer’s title insurance company or attorney to evidence that title to the Property is marketable and that the Seller has complied with the terms of this Agreement. 6. Contingencies. The Buyer’s obligation to buy is contingent upon the following: a. The Buyer’s determination of marketable title pursuant to this Agreement; b. The Buyer’s determination, in its sole discretion, that the results of any environmental investigation or inspection of the Property conducted pursuant to this Agreement are satisfactory to the Buyer; and c. Approval of this Agreement by the Buyer’s governing body. The Buyer shall have until the Closing Date to remove the foregoing contingencies. The contingencies at a. and b. are solely for the benefit of the Buyer and may be waived by the Buyer. The contingency at c. may not be waived by either party. If the Buyer or its attorney gives written notice to the Seller that the contingencies at a., b. and c. are duly satisfied or waived, the Buyer and the Seller shall proceed to close the transaction as contemplated herein. If one or more of the contingencies is not satisfied, or is not satisfied on time, and is not waived, this Agreement shall thereupon be void at the written option of the Buyer and the Buyer and the Seller shall execute and deliver to each other a termination of this Agreement. As a contingent Agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq. 7. Title Examination/Curing Title Defects. Upon execution of this Purchase Agreement, the Seller shall deliver all abstracts of title and copies of any title insurance policies covering the Property to the Buyer. The Seller shall, at its expense and within a reasonable time after this Agreement is executed, obtain a commitment for title insurance or other evidence satisfactory to the Buyer (“Title Evidence”) for the Property. The Buyer shall have ten (10) business days after receipt of a fully executed purchase agreement and the Title Evidence to examine the same and to deliver written objections to title, if any, to the Seller. The Seller shall have until the Closing (or such later date as the parties may agree upon) to make title marketable, at the Seller’s expense. In the event that title to the Property cannot be made marketable or is not made marketable by the Seller by the Closing, then, at the option of the Buyer, this Agreement shall be null and void and all Earnest Money will be returned to Buyer, if any. 8. Seller Representations and Warranties. The Seller hereby represents and warrants to the Buyer as of the Closing Date that: a. Title. The Seller has good, indefeasible, insurable and marketable fee simple title to the Property. J1, Attachment 2 Packet Page Number 178 of 189 b. Condemnation. There is no pending or, to the actual knowledge of the Seller, threatened condemnation or similar proceeding affecting the Property or any portion thereof, and the Seller has no actual knowledge that any such action is contemplated. c. Defects. The Seller is not aware of any latent or patent defects in the Property, such as sinkholes, weak soils, unrecorded easements and restrictions. d. Legal Compliance. The Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to and affecting the Property and the Seller shall continue to comply with such laws, ordinances, regulations, statutes, rules and restrictions through the Closing Date. e. Legal Authority/Capacity. The Seller has full power and authority to enter into and perform this Agreement in accordance with its terms. The Seller also has the legal capacity to enter into this Agreement. The Seller has not filed, voluntarily or involuntarily, for bankruptcy relief within the last year under the United States Bankruptcy Code, nor has any petition for bankruptcy or receivership been filed against the Seller within the last year. f. Mechanics’ Liens. The Seller warrants that, prior to the Closing, the Seller shall pay in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the Closing in connection with construction, alteration, repair or improvement to the Property. g. Legal Proceedings. There have been no bankruptcy or dissolution proceedings involving the Seller during the time the Seller has had any interest in the Property; there are no unsatisfied judgments or state or federal tax liens of record against the Seller; there are no unrecorded mortgages, contracts for deed, purchase agreements, options, leases, easements, or other agreements or interests relating to any of the Property; and there shall be no persons in possession of any portion of the Property other than the Seller at the time of the Closing. Additionally, there are no legal actions, suits or other legal or administrative proceedings, pending or threatened, that affect the Property or any portion thereof; and the Seller has no knowledge that any such action is presently contemplated. h. Leases. The Seller represents that there are no third parties in possession of the Property, or any part thereof; and that there are no leases, oral or written affecting the Property or any part thereof. i. Third Parties. Upon transfer of the Property to the Buyer, no third party by virtue of any purchase agreement, letter of intent or similar instrument executed by the Seller, unless such instrument is assigned to the Buyer at the Buyer’s request, will have any claim or right to or against the Property, or against the Buyer as a result of any such instruments. J1, Attachment 2 Packet Page Number 179 of 189 j. Foreign Status. The Seller is not a “foreign person” as such term is defined in the Internal Revenue Code. k. Methamphetamine Production. To the best of the Seller’s knowledge, methamphetamine production has not occurred on the Property. l. Refuse and Hazardous Materials. The Seller has not performed and has no actual knowledge of any excavation, dumping or burial of any refuse materials or debris of any nature whatsoever on the Property. To the Seller’s best actual knowledge and belief, there are no “Hazardous Materials” (as hereinafter defined) on the Property that would subject the Buyer to any liability under either federal or state laws, including, but not limited to, the disposal of any foreign objects or materials upon or in the Property, lawful or otherwise. Without limiting the generality of the foregoing, the Seller represents and warrants to the Buyer that, to the Seller’s best actual knowledge and belief: i. The Property is not now and has never been used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, process or in any manner deal with Hazardous Materials; ii. No Hazardous Materials have ever been installed, placed, or in any manner handled or dealt with on the Property; iii. There are no underground or aboveground storage tanks on the Property; and iv. Neither the Seller nor any prior owner of the Property or any tenant, subtenant, occupant, prior tenant, prior subtenant, prior occupant or person (collectively, “Occupant”) has received any notice or advice from any governmental agency or any other Occupant with regard to Hazardous Materials on, from or affecting the Property. The term “Hazardous Materials” as used herein includes, without limitation, gasoline, petroleum products, explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, polychlorinated biphenyls or related or similar materials, asbestos or any material containing asbestos, or any other substance or material as may be defined as a hazardous or toxic substance by any federal, state or local environmental law, ordinance, rule, or regulation including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act, as amended (42 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S. C. Section 1251, et seq.), the Clean Air Act, as amended (42 U.S.C. Section 7401, et seq.) and in the regulations adopted and publications promulgated pursuant thereto. J1, Attachment 2 Packet Page Number 180 of 189 The Seller’s representations and warranties set forth in paragraphs 8(a) through 8(l) shall be continuing and are deemed to be material to the Buyer’s execution of this Purchase Agreement and the Buyer’s performance of its obligations hereunder. All such representations and warranties shall be true and correct on and as of the Closing Date with the same force and effect as if made at that time; and all of such representations and warranties shall survive the Closing and any cancellation or termination of this Purchase Agreement, and shall not be affected by any investigation, verification or approval by any party hereto or by anyone on behalf of any party hereto. The Seller agrees to defend, indemnify and hold the Buyer harmless for, from, and against any loss, costs, damages, expenses, obligations and attorneys’ fees incurred should an assertion, claim, demand, action or cause of action be instituted, made or taken, which is contrary to or inconsistent with the representations or warranties contained herein. The Seller further agrees that the breach of any of the foregoing representations and warranties shall constitute a default, whether said breach occurs prior to or after Closing, entitling the Buyer to exercise any remedy provided to the Buyer in this Agreement in the event of a default by the Seller. 9. Maintenance of Property Prior to Closing. Until the Closing, the Seller shall have the full responsibility for the continued maintenance of the Property. Prior to the Closing: a. The Seller shall not cause any new liens, leases, contracts or encumbrances to be created by Seller against the Property; and b. The Seller shall (i) maintain the Property in good repair, (ii) not make, terminate or materially change, amend, modify materially any agreements relating to the Property or other rights, obligations or agreements relating to use, ownership or operation of the Property where such changes, amendments or modifications would increase the Seller’s obligations, liability or expenses thereunder, not enter into any commitments for the rental or use of the Premises or any portion thereof, and (iii) not make any substantial alterations or changes to the Property other than ordinary and necessary maintenance repairs without the Buyer’s prior written approval, which shall not be unreasonably withheld or delayed. 10. Environmental Investigation. The Seller warrants that the Property has not been used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product during the period of time the Seller has owned the Property. The Seller further warrants that the Seller has no knowledge or information of any fact which would indicate the Property was used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product prior to the date the Seller purchased the Property. Notwithstanding the above, the Seller’s warranty regarding petroleum products does not preclude the presence of heating oil or other similar products used as a heating fuel for the dwelling but the Seller does warrant that if there was a fuel tank on the Property used for the storage of heating oil or other similar product, the Seller has no knowledge of any leak in the tank or contamination caused thereby. J1, Attachment 2 Packet Page Number 181 of 189 The Seller hereby grants to the Buyer and the Buyer’s agents a license to enter and evaluate the Property for the purpose of conducting an environmental assessment. Further, the Buyer or the Buyer’s agent shall have the right pursuant to the license to bring persons and equipment onto the Property, make inspections and perform tests and analyses as the Buyer may deem reasonable to determine the presence of any toxic or hazardous waste, substance, or petroleum product or asbestos product, and ascertain soil conditions on the Property. The Buyer shall bear the cost of any such environmental assessment. If the results of the environmental assessment are not to the satisfaction of the Buyer, the Buyer at its sole discretion may cancel this Agreement. If the Buyer cancels this Agreement pursuant to this provision, the Buyer shall restore the Property to its original condition or nearly so as is reasonably practicable. 11. Real Estate Taxes and Special Assessments. Real estate taxes payable in the year of closing will be pro-rated between the Buyer and the Seller to the Closing Date. No later than the Closing Date, the Seller shall pay all real estate taxes payable in previous years, the entire unpaid balance of special assessments, and all installments of special assessments levied, pending, and deferred, including special assessment installments payable after the year of Closing, and all interest thereon. If Closing occurs prior to the date the amount of real estate taxes due in the year of Closing are available from Ramsey County, the current year’s taxes will be pro-rated based on the amount due in the prior year. The Seller agrees that any real estate taxes owed by the Seller pursuant to this paragraph and unpaid on the Closing Date may be deducted from the Purchase Price and placed into escrow for purpose of paying said taxes. In the event that any outstanding real estate taxes are deducted from the Purchase Price hereunder, the Seller shall no longer be obligated to pay on such amount deducted. 12. Possession. a. Possession. The Seller agrees to deliver possession of the Property not later than the Closing Date. b. Utilities. Prior to or at Closing, the Seller shall pay any outstanding water, sewer, and trash collection obligations incurred in relation to the Property through the Closing Date. In no event shall the Buyer be responsible for any of the Seller’s private utility obligations incurred prior to Closing, including, but not limited to, gas, electric, cable television, and telephone. c. Removal of Property. The Seller agrees to remove from the Property all debris and items of the Seller’s personal property not expressly included in this sale no later than the Closing Date. The Buyer may inspect the Property, upon 24 hours’ notice, during the week prior to the Closing in order to ensure that removal of all debris and personal property has been completed. The Seller shall fully cooperate with such inspection and provide access to the Property for such inspections. Any items not removed by the Closing Date may be disposed of by the Buyer, and any cost of such disposal shall be the sole responsibility of the Seller. J1, Attachment 2 Packet Page Number 182 of 189 d. No Encumbrances. The Seller agrees not to place any liens or encumbrances on the Property after the date of this Agreement. 13. Closing Costs and Related Items. The Seller will pay: (a) any deed transfer taxes and conservation fees and recording fees for all instruments required to establish marketable title; and (b) any deed transfer taxes and conservation fees required to enable the Buyer to record its deeds from the Seller under this Agreement. The Buyer shall be responsible for the payment of the following costs: (a) recording fees required to enable the Buyer to record its deeds from the Seller under this Agreement; (b) the title search, name search and assessment search fees and other fees incurred in preparation of the Commitment for title insurance or other Title Evidence, and title insurance premium, if any; and (c) any closing fee charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement. Each party shall be responsible for its own attorneys’ fees and costs. 14. Default. If Seller defaults in its obligation to close and deliver the deed in accordance with the provisions of this Agreement, the Buyer may, by notice upon Seller, (i) terminate this Agreement, in which event Seller shall reimburse the Buyer for all costs and expenses incurred by the Buyer in connection with this transaction up to and including the date of default, or (ii) avail itself of any other remedy for said default which it may have at law, in equity or by statute, including, but not limited to, an action for damages; or (iii) seek specific performance, and the reimbursement of costs and expenses. If the Buyer shall default in the performance of any of its obligations hereunder, then Seller may avail itself of any remedy for said default which it may have at law, in equity or by statute, including, but not limited to, an action for damages and/or specific performance. 15. Notice. Any notice must be in writing, and will be deemed delivered if delivered personally or when deposited in the United States Mail, postage pre-paid, to the following addresses (or such other address as may be designated by either party in writing): If to Seller: Warfa Real Estate, LLC Attn: Abduwahid Gedi 878 Fuller Avenue St. Paul, MN 55104 If to Buyer: City of Maplewood Attn: City Manager 1830 East County Road B Maplewood, MN 55109 J1, Attachment 2 Packet Page Number 183 of 189 w/copy to: Ronald H. Batty Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 16. Inspections. From the date of this Agreement to the Closing, the Buyer, its employees and agents, shall be entitled to enter upon the Property to conduct such surveying, inspections, or other investigations, as the Buyer shall elect; provided, that the Seller is given at least 24 hours’ notice. 17. Runs with the Land. The terms, covenants, indemnities and conditions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective Parties hereto. Time is of the essence of this Agreement. 18. Assignment. The Buyer shall have the right to assign its rights under this Agreement. 19. No Waiver. Nothing herein shall be construed as, or deemed to be a waiver of, the right of the Buyer at any time to exercise its powers of eminent domain with respect to the Property. 20. Entire Agreement. This Agreement represents the entire agreement and understanding between the Parties concerning the subject matter hereof and supersedes all prior agreements, whether written or oral. 21. Modification and Waiver. No purported amendment, modification or waiver of any provision hereof shall be binding unless set forth in a written document signed by both Parties (in the case of amendments or modifications) or by the party to be charged thereby (in the case of waivers). Any waiver shall be limited to the circumstance or event specifically referenced in the written waiver document and shall not be deemed a waiver of any other term hereof or of the same circumstance or event upon any recurrence thereof. 22. No Merger of Representations, Warranties. The representations and warranties contained in this Agreement shall not be merged into any instruments of conveyance, including but not limited to the Warranty Deed, delivered at Closing, but instead shall survive Closing, and the Parties shall be bound accordingly. 23. Relocation. The Buyer has notified the Seller that the Buyer only seeks to acquire the Property by voluntarily conveyance. The Seller acknowledges that no persons are being displaced from the Property as a result of the transaction contemplated by this Purchase Agreement and that neither the Seller nor any other party is eligible for relocation assistance and benefits and that the Purchase Price includes compensation for any and all relocation assistance and benefits for which the Seller or any other party may be eligible. The provisions of this paragraph shall survive Closing of the transaction contemplated by this Agreement. J1, Attachment 2 Packet Page Number 184 of 189 24. Risk of Loss. If there is any loss or damage to the Property between the date hereof and the Closing Date, for any reason including, but not limited to, fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on the Seller. If the Property is destroyed or substantially damaged before the Closing, this Agreement may become null and void, at the Buyer’s option. At the request of the Buyer, the Seller agrees to sign a cancellation of Agreement under such circumstances. 25. Dual Agency Representation. Both the Seller and the Buyer involved in this transaction are represented by Colliers International (“Broker”), which creates a dual agency. This means that Broker and its salespersons owe fiduciary duties to both Parties. Because the Parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively for either party. Broker cannot act as a dual agent in this transaction without the consent of both Parties. The Seller and the Buyer both acknowledge that: a. Confidential information communicated to broker which regards price, terms, or motivation to buy or sell will remain confidential unless seller (s) or buyer (s) instructs broker in writing to disclose this information. Other information will be shared. b. Broker and its salespersons will not represent the interests of either party to the detriment of the other; and c. Within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of the sale. By signing below, the Parties indicate that they have the knowledge and understanding of the explanation above, and authorize and instruct Broker and its salespersons to act as dual agents in this transaction. SELLER: By: ___________________________ Its: ___________________________ Date: ______________ BUYER: By: ___________________________ Its: ___________________________ Date: _____________ By: ___________________________ Its: ___________________________ Date: ________________ J1, Attachment 2 Packet Page Number 185 of 189 26. Specific Performance. This Agreement may be specifically enforced by the Parties, provided that any action for specific enforcement is brought within six months after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this Agreement. The Parties reserve all other remedies available at law or in equity. 27. Incorporation of Recitals. The Recitals set forth above in the preamble to this Agreement and the Exhibit attached to this Agreement are incorporated into this Agreement as if fully set forth herein. 28. Additional Documents. The Buyer and the Seller agree to cooperate with the other and their representatives regarding any reasonable requests made subsequent to the execution of this Agreement to correct any clerical errors in this Agreement and to provide any and all additional documentation deemed necessary by either party to effectuate the transaction contemplated by this Agreement. 29. Execution in Counterparts. This Agreement may be executed in counterparts by the Parties hereto. 30. Severability. Any provision of this Agreement which is deemed void or unenforceable may be severed from the remaining provisions without affecting the enforceability of the remaining provisions. 31. Choice of Law and Venue; Interpretation. This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the Parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. [signature pages to follow] J1, Attachment 2 Packet Page Number 186 of 189 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed in their names and on their behalf on or as of the date and year first above written. WARFA REAL ESTATE, LLC (SELLER): By: _____________________________ Its: _____________________________ J1, Attachment 2 Packet Page Number 187 of 189 CITY OF MAPLEWOOD (BUYER): By: _____________________________ Nora Slawik Its: Mayor By: _____________________________ Melinda Coleman Its: City Manager J1, Attachment 2 Packet Page Number 188 of 189 EXHIBIT A LEGAL DESCRIPTION Lots 1 through 20, inclusive, Block 1, Kavanagh and Dawson’s Addition to Gladstone, including the vacated alley in said Block 1, Ramsey County, Minnesota. J1, Attachment 2 Packet Page Number 189 of 189