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HomeMy WebLinkAbout2017-07-24 City Council Meeting PacketPLEASE NOTE: 6:45 PM Community Conversations – informal meet & greet with residents and attendees. AGENDA - AMENDED MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 24, 2017 City Hall, Council Chambers Meeting No. 14-17 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 July 10, 2017 City Council Workshop Minutes 2. Approval of the July 10, 2017 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Swearing In of New Battalion Chief Shawn Conway 4. Presentation by Bionic Polars, North High Robotics Team 5. Approval of Resolution of Appreciation for Michael Thompson, Public Works Director G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Approval of a Conditional Use Permit Review, Whitaker Sports and Classic Cars, 1081 Highway 36 3. Approval of a Conditional Use Permit Review, Maple Hill Senior Living, 3030 Southlawn Drive 4. Approval of 2017 Pay Rates for Temporary/Seasonal and Casual Part-time Employees 5. Approval of Annual Maplewood Historical Society Appropriation 6. Approval of Travel for Mayor Slawik with Gateway Corridor Commission’s Gold Line Peer Region Trip Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the Cit y Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council mem bers, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Consider Approval of Master Tax-Exempt Lease/Purchase Agreement for Ambulance 2. Consider Approval of a Swimming Pool Cover Exception at 2090 Arcade Street 3. Consider Approval of a Resolution in Support of the Paris Agreement 4. Consider Approval of Bill of Sale, Termination, and Release Agreement Between the City of Maplewood and EA Solar 5. Consider Approval of Agreement for Services for the Removal of the Solar Panels at the MCC 6. Consider Approval of Ordinance Amendment Adopting State Fire Code Appendix K Fires or Barbecues on Balconies or Patios, Section 20-67 K. AWARD OF BIDS None L. ADJOURNMENT E1 July 10, 2017 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 P.M. Monday, July 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 5:30 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present C. APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Discussion of Gilbert Mancheski Property Located at 2494 Harvester Avenue a. Intent to Close Meeting (§13D.05 subd. 3b) Assistant City Manager/HR Director Funk gave a brief overview of the procedures of the intent to close the meeting. City Attorney Batty gave additional information of the intent to close the meeting. Councilmember Abrams moved to go into closed session pursuant to MN State Statute 13D.05 Subd. 3b to consider litigation involving the property at 2494 Harvester Avenue. Seconded by Councilmember Juenemann Ayes – All Attendance in the closed session included Mayor Slawik, Councilmember Abrams, Councilmember Juenemann, Councilmember Smith, Councilmember Xiong, City Manager Coleman, Assistant City Manager/HR Director Funk, Attorney Ron Batty, and Parks & Recreation Director/Environmental Economic Development Director Konewko. The motion passed. Mayor Slawik closed the City Council Workshop meeting at 5:37 p.m. Packet Page Number 1 of 127 E1 July 10, 2017 City Council Workshop Minutes 2 Mayor Slawik called the City Council Workshop meeting back to order at 6:08 p.m. City Attorney Batty gave a brief summary of the closed session. 2. Continue Discussion of 2018-2022 CIP and Financial Policies City Manager Coleman and Finance Director Paulseth gave the staff report and answered questions of the council. 3. Review of 2018 Budget Process and Calendar City Manager Coleman gave the staff report and answered questions of the council. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 6:57 p.m. Packet Page Number 2 of 127 E2 July 10, 2017 1 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 10, 2017 City Hall, Council Chambers Meeting No. 13-17 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:11 p.m. by Mayor Slawik. Mayor Slawik reported on the 4th of July event that took place at Hazelwood Park in Maplewood. Parks & Recreation Director Konewko gave additional information about the 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: Mancheski Property Community Meeting Staff Appointed the Chair of a Task Force at the League of MN Cities Acknowledge Legislator of Distinction Designation Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Abrams Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of June 26, 2017 City Council Workshop Minutes Councilmember Abrams moved to approve the June 26, 2017 City Council Workshop Minutes as submitted. Seconded by Councilmember Smith Ayes – All The motion passed. Packet Page Number 3 of 127 E2 July 10, 2017 2 City Council Meeting Minutes 2. Approval of June 26, 2017 City Council Meeting Minutes Councilmember Juenemann moved to approve the June 26, 2017 City Council Meeting Minutes as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager gave the update to the council calendar. Councilmember Juenemann requested staff look into following the cities of Edina and St. Louis Park in revamping the tobacco sales to 21 and over. 2. Council Presentations Mancheski Property Community Meeting Councilmember Smith reported on the Mancheski Property Community Meeting that took place at the South Fire Station. Staff Appointed the Chair of a Task Force at the League of MN Cities Mayor Slawik reported that Assistant City Manager Funk/HR Director Funk was appointed the Chair of the Inaugural Data Practices Task Force. Assistant City Manager/HR Director Funk gave information about the Task Force. Acknowledge Legislator of Distinction Designation Mayor Slawik acknowledged that Honorable Peter Fischer, State Representative for part of Maplewood, was recognized for his efforts at the League of MN Cities and was approved as a legislator of distinction. 3. Approval of Resolution for Police Advisory Commission Appointments City Manager Coleman gave the staff report. Councilmember Juenemann moved to approve the resolution for appointments to the Police Advisory Commission. Resolution 17-07-1474 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who served on the Maplewood Use of Force Workgroup, to serve on the following commission: Packet Page Number 4 of 127 E2 July 10, 2017 3 City Council Meeting Minutes Police Advisory Commission Anne Bryson term expires September 30, 2020 Sylvia Neblett term expires September 30, 2020 Sarah Lilja term expires September 30, 2019 Melissa Sonnek term expires September 30, 2019 Kathryn Hatlestad term expires September 30, 2018 Mary Schoenborn term expires September 30, 2018 Seconded by Councilmember Abrams Ayes – All The motion passed. G. CONSENT AGENDA Councilmember Abrams moved to approve agenda items G1. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Abrams moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 474,843.73 Checks # 99888 thru #99929 dated 06/21/17 thru 06/27/17 $ 543,360.12 Disbursements via debits to checking account dated 06/19/17 thru 06/23/17 $ 305,438.18 Checks #99930 thru #99968 dated 07/05/17 $ 453,007.13 Disbursements via debits to checking account dated 06/26/17 thru 06/30/17 $ 1,776,649.16 Total Accounts Payable PAYROLL $ 555,561.83 Payroll Checks and Direct Deposits dated 06/30/17 $ 270.00 Payroll Deduction check # 99102766 dated 06/30/17 $ 555,831.83 Total Payroll $ 2,332,480.99 GRAND TOTAL Packet Page Number 5 of 127 E2 July 10, 2017 4 City Council Meeting Minutes Seconded by Councilmember Juenemann Ayes – All The motion passed. H. PUBLIC HEARINGS 1. Maple Pond Multifamily Housing Project a. Public Hearing 7:00 p.m. b. Consider Resolution Adopting a Multifamily Housing Program and Granting Preliminary Approval for the Issuance of Multifamily Housing Revenue Bonds Finance Director Paulseth gave the staff report. Harold Teasdale, Principal with METIS Investments and representing Maple Pond Multifamily Housing addressed the council to give additional information. Mayor Slawik opened the public hearing. No one spoke. Mayor Slawik closed the public hearing. Councilmember Juenemann moved to approve the Resolution Adopting a Housing Program with Respect to a Multifamily Housing Project and Ratifying the Preparation and Submission thereof to the Metropolitan Council; Granting Preliminary Approval for the Issuance of Multifamily Housing Revenue Bonds to Finance The Project Under Minnesota Statutes, Chapter 462C, as Amended; Approving the Submission of an Application for an Allocation of Bonding Authority; Establishing Compliance with Certain Reimbursement Regulations Under the Internal Revenue Code of 1986, as Amended; and Taking Certain Other Actions. CITY OF MAPLEWOOD, MINNESOTA RESOLUTION NO. 17-07-1475 ADOPTING A HOUSING PROGRAM WITH RESPECT TO A MULTIFAMILY HOUSING PROJECT AND RATIFYING THE PREPARATION AND SUBMISSION THEREOF TO THE METROPOLITAN COUNCIL; GRANTING PRELIMINARY APPROVAL FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE PROJECT UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; APPROVING THE SUBMISSION OF AN APPLICATION FOR AN ALLOCATION OF BONDING AUTHORITY; ESTABLISHING COMPLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND TAKING CERTAIN OTHER ACTIONS BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the “City”), as follows: Section 1. Recitals. 1.01. The City is a statutory city duly organized and existing under the Constitution and laws of the State of Minnesota. Packet Page Number 6 of 127 E2 July 10, 2017 5 City Council Meeting Minutes 1.02. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), the City is authorized to carry out the public purposes described in the Housing Act by providing for the issuance of revenue bonds or other obligations to finance or refinance multifamily housing developments located within the City. As a condition to the issuance of revenue bonds or other obligations under the Housing Act, the City must prepare and adopt a housing program providing the information required by Section 462C.03, subdivision 1a of the Housing Act (the “Housing Program”) and must conduct a public hearing in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and the regulations promulgated thereunder (the “Regulations”), and the requirements of the Housing Act. The City Council of the City (the “Council”) must also grant preliminary approval to the issuance of revenue bonds to finance the multifamily housing development referred to in the Housing Program, and authorize the submission of an application to the State of Minnesota Department of Management and Budget (“MMB”) for an allocation of bonding authority with respect to the Bonds (as hereinafter defined) to finance the Project (as hereinafter defined). 1.03. Maple Pond MDG Limited Partnership, a Minnesota limited partnership (the “Borrower”), has proposed that the City, pursuant to the Housing Act, issue its revenue bonds in an aggregate principal amount not to exceed $15,000,000, in one or more series (the “Bonds”), the proceeds of which will be loaned by the City to the Borrower. The Borrower will apply the proceeds of such loan to: (i) the acquisition and rehabilitation of 168 units of multifamily rental apartments, and facilities functionally related and subordinate thereto, commonly known as Maple Pond Apartments, located at 1854 Beebe Road in the City (the “Project”); (ii) the funding of one or more reserve funds to secure the timely payment of the Bonds; (iii) the payment of interest on the Bonds during the rehabilitation of the Project; and (iv) the payment of the costs of issuing the Bonds. 1.04. Section 147(f) of the Code requires a public hearing duly noticed to be held by the Council on the proposed issuance of revenue bonds or other obligations and the location and nature of the proposed facilities to be financed. Section 462C.04, subdivision 2 of the Housing Act requires a public hearing to be held on the Housing Program after one publication of notice in a newspaper circulating generally in the City, at least fifteen (15) days before the hearing. Section 462C.04, subdivision 2 of the Housing Act further requires that on or before the day on which the notice of public hearing is published, the City submit the Housing Program to the Metropolitan Council for its review and comment as to whether such Housing Program furthers local and regional housing policies, among other things. 1.05. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation must be made pursuant to the requirements of Minnesota Statutes, Chapter 474A, as amended (the “Allocation Act”). Packet Page Number 7 of 127 E2 July 10, 2017 6 City Council Meeting Minutes Section 2. Preliminary Findings. Based on representations made by the Borrower to the City to date, the Council hereby makes the following preliminary findings, determinations, and declarations: (a) The Project furthers the purposes set forth in the Housing Act and the Project constitutes a “multifamily housing development” within the meaning of Section 462C.02, subdivision 5 of the Housing Act. (b) The proceeds of the Bonds will be loaned to the Borrower and the proceeds of the loan will be applied to: (i) the acquisition and rehabilitation of the Project; (ii) the funding of one or more reserve funds to secure the timely payment of the Bonds; (iii) the payment of interest on the Bonds during the rehabilitation of the Project; and (iv) the payment of the costs of issuing the Bonds. The City will enter into a loan agreement (or other revenue agreement) with the Borrower (the “Loan Agreement”) requiring loan repayments from the Borrower in amounts sufficient to repay the loan when due and requiring the Borrower to pay all costs of maintaining and insuring the Project, including taxes thereon. (c) In preliminarily authorizing the issuance of the Bonds and the financing of the acquisition and rehabilitation of the Project and related costs, the City’s purpose is and the effect thereof will be to promote the public welfare of the City and its residents by retaining and improving multifamily housing developments and otherwise furthering the purposes and policies of the Housing Act. (d) The Bonds will be special, limited obligations of the City payable solely from the revenues pledged to the payment thereof, and will not be a general or moral obligation of the City and will not be secured by or payable from revenues derived from any exercise of the taxing powers of the City. Section 3. Public Hearing. On the date hereof (July 10, 2017), the Council conducted a public hearing on the Housing Program, the Project, and the issuance of the Bonds, notice of which hearing (the “Public Notice”) was published as required by Minnesota Statutes, Section 462C.04, subdivision 2 of the Housing Act, and as required by Section 147(f) of the Code and applicable Regulations promulgated thereunder. The Public Notice provided a general, functional description of the Project, as well as the maximum aggregate face amount of the obligations to be issued for the purposes referenced above, the identity of the initial owner, operator, or manager of the Project, and the location of the Project. The Public Notice was published in the Maplewood Review, the official newspaper and a newspaper circulating generally in the City, on June 14, 2017, a date at least fifteen (15) days before the meeting of the Council on July 10, 2017. At the public hearing a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project and the proposed issuance of the Bonds. The actions of the staff of the City in establishing the date for the public hearing, preparing the Public Notice, and publishing the Public Notice in the official newspaper and in a newspaper of general circulation in the City are hereby ratified and confirmed. Section 4. Adoption of Housing Program. Bond counsel, as described below, prepared and submitted to the City a draft Housing Program to authorize the issuance by the City of the Bonds, in an aggregate principal amount not to exceed $15,000,000, to finance the acquisition and rehabilitation of the Project by the Borrower. The Housing Program was prepared and submitted to the Metropolitan Council for its review on or Packet Page Number 8 of 127 E2 July 10, 2017 7 City Council Meeting Minutes before the date of publication of the Public Notice. The Housing Program is hereby adopted, ratified, and approved in all respects without amendment. The preparation of the Housing Program and its submission to the Metropolitan Council are hereby ratified, confirmed, and approved. The City Manager is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to carry out the Housing Program in accordance with the Housing Act and any other applicable laws and regulations. Section 5. Preliminary Approval. The Council hereby provides preliminary approval to the issuance of the Bonds, in the aggregate principal amount not to exceed $15,000,000, to finance all or a portion of the costs of the Project pursuant to the Housing Program of the City, subject to: (i) review of the Housing Program by the Metropolitan Council; (ii) receipt of an allocation of the bonding authority from the State of Minnesota; (iii) final approval following the preparation of bond documents; and (iv) final determination by the Council that the financing of the Project and the issuance of the Bonds are in the best interests of the City. In all events, it is understood, however, that the Bonds shall not constitute a pecuniary liability or charge, lien, or encumbrance, legal or equitable, upon any funds, assets, taxing powers, or any other property of the City except the City’s interest in the Loan Agreement (as hereinafter defined); and the Bonds, when, as, and if issued shall recite in substance that the Bonds, including interest thereon, are payable solely from the revenues received from the Loan Agreement and other property pledged to the payment thereof, and shall not constitute a general or moral obligation of the City. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. The owners of the Bonds shall never have the right to compel any exercise of the taxing powers of the City to pay the outstanding principal of the Bonds, or the interest thereon or to enforce payment thereof against any property of the City. Section 6. Submission of an Application for an Allocation of Bonding Authority. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation must be made pursuant to the requirements of the Allocation Act. The Council hereby authorizes the submission of an application for allocation of bonding authority pursuant to Section 146 of the Code and the Allocation Act. The Mayor of the City, the City Manager, and Kennedy & Graven, Chartered, acting as bond counsel for the City with respect to the Project and the Bonds, are hereby authorized and directed to take all actions, in cooperation with the Borrower, as are necessary to submit an application for an allocation of bonding authority to MMB. Section 7. Reimbursement of Costs under the Code. 7.1. The United States Department of the Treasury promulgated by Section 1.150-2 of the Regulations, which governs the use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City or the Borrower for project expenditures paid prior to the date of issuance of such bonds. Section 1.150-2 of the Regulations requires that the City adopt a statement of official intent to reimburse an original expenditure not later than sixty (60) days after payment of the original expenditure. Section 1.150-2 of the Regulations also generally requires that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within eighteen (18) months after the later of: (i) the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more than three (3) years Packet Page Number 9 of 127 E2 July 10, 2017 8 City Council Meeting Minutes after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 7.2. To the extent any portion of the proceeds of the Bonds will be applied to expenditures with respect to the Project, the City reasonably expects to reimburse the Borrower for the expenditures made for costs of the Project from the proceeds of the Bonds after the date of payment of all or a portion of such expenditures. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Housing Act. Based on representations by the Borrower, other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations pursuant to the transitional provision contained in Section 1.150-2(j)(2)(i)(B) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a “de minimus” amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures with respect to the Project to be reimbursed with the proceeds of the Bonds have been made by the Borrower more than sixty (60) days before the date of adoption of this resolution of the City. 7.3. Based on representations by the Borrower, as of the date hereof, there are no funds of the Borrower reserved, allocated on a long term-basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and financial circumstances of the Borrower as they exist or are reasonably foreseeable on the date hereof. Section 8. Costs. The Borrower will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for any and all costs incurred by the City in connection with the Project and the issuance of the Bonds, whether or not the Bonds are issued. Section 9. Commitment Conditional. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. If, as a result of information made available to or obtained by the City during its review of the Project, it appears that the Project or the issuance of Bonds to finance or refinance the costs thereof is not in the public interest or is inconsistent with the purposes of the Housing Act, the City reserves the right to decline to give final approval to the issuance of the Bonds. The City also retains the right, in its sole discretion, to withdraw from participation and accordingly not issue the Bonds should the Council, at any time prior to the issuance thereof, determine that it is in the best interests of the City not to issue the Bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents for the transaction. Section 10. Effective Date. This resolution shall be in full force and effect from and after its passage. Seconded by Councilmember Xiong Ayes – All Packet Page Number 10 of 127 E2 July 10, 2017 9 City Council Meeting Minutes The motion passed. 2. Hill-Murray Educational Facilities Revenue Refunding Note a. Public Hearing 7:00 p.m. b. Consider Resolution Giving Host Approval to the Issuance and Sale of the Educational Facilities Revenue Refunding Note, Series 2017 (Hill-Murray School Project) Finance Director Paulseth gave the staff report. Jim Hansen, President at Hill-Murray School addressed the council to give additional information. Mayor Slawik opened the public hearing. No one spoke. Mayor Slawik closed the public hearing. Councilmember Juenemann moved to approve the Resolution Giving Host Approval to the Issuance and Sale of Educational Facilities Revenue Refunding Note, Series 2017 (Hill-Murray School Project). Resolution 17-07-1476 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE AND SALE OF THE EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE, SERIES 2017 (HILL-MURRAY SCHOOL PROJECT) Section 1. General Recitals. The purpose of Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act"), is, among other things, to promote the welfare of the State of Minnesota (the "State") by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment. Section 2. Description of the Project. (a) Hill-Murray Foundation, a Minnesota nonprofit corporation and 501(c)(3) organization (the "Borrower"), proposes to (i) refinance certain conventional loans (the “Prior Loans”) of the Borrower used to finance the renovation of certain art and science classrooms located on the southeast side of the second floor academic wing of the facility leased to the Hill-Murray School, a Minnesota nonprofit corporation (the "School"), located at 2625 Larpenteur Ave E in the City (the "Classroom Renovation Project"), and (ii) refund the City’s outstanding Educational Facilities Revenue Note (Hill- Murray School Project) Series 2010, as amended, (the "Prior Note" and with the Prior Loans, the "Prior Obligations"), the proceeds of which were used to refinance the outstanding principal balance of the $3,300,000 Educational Facilities Revenue Note, Series 2005 (Hill-Murray School Project) issued by the Housing and Redevelopment Authority of the City of Maplewood, Minnesota and certain additional conventional loans procured by the Borrower which were used to finance (a) the acquisition of approximately 40 acres of land which is the current footprint of the School, along with an additional 4 acres of land located at 2625 Larpenteur Avenue East in the City, (b) construction and equipping of an athletic facility, and (c) construction and equipping of an auditorium for the School (the "Original Project" and, together with the Classroom Packet Page Number 11 of 127 E2 July 10, 2017 10 City Council Meeting Minutes Renovation Project, the "Project"). The Borrower owns the Project and the School operates the Project. (b) The Borrower has proposed to refinance and refund the Prior Obligations through the City of Pine Springs, Minnesota (the "Issuer") issuance of the Educational Facilities Revenue Refunding Note, Series 2017 (the "Note") in a principal amount not to exceed $5,500,000. (c) The City has been advised that the Note, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City or the Issuer, except the revenues to be derived from a revenue agreement. Such Note will not be a charge against the general credit or taxing powers of the City or the Issuer, but is payable from sums to be paid by the Borrower pursuant to a revenue agreement. Section 3. Recital of Representations Made by the Borrower. The Borrower has agreed to pay any and all costs incurred by the City in connection with the issuance of the Note, whether or not such issuance is carried to completion. Section 4. Public Hearing. (a) As required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), a Notice of Public Hearing was published in the City's official newspaper and newspaper of general circulation, for a public hearing on the proposed issuance of the Note by the Issuer and the proposal to undertake and finance the Project. (b) As required by the Act and Section 147(f) of the Code, the City Council has on this same date held a public hearing on the issuance of the Note by the Issuer and the proposal to refund and refinance the Prior Obligations used to finance the Project located within the jurisdictional limits of the City, at which all those appearing who desired to speak were heard and written comments were accepted. Section 5. Host Approval. The City Council hereby gives the host approval required under Section 147(f) of the Code and, pursuant to Minnesota Statutes, Section 469.155, subd. 12 and Section 471.656, Subd. 2(2), the City Council hereby consents to the issuance of the Note by the Issuer. Seconded by Councilmember Abrams Ayes – All The motion passed. I. UNFINISHED BUSINESS 1. Consider Options for Community Conversations at City Council Meetings City Manager Coleman gave the staff report. No motion was given – staff direction only. J. NEW BUSINESS Packet Page Number 12 of 127 E2 July 10, 2017 11 City Council Meeting Minutes 1. Consider Approval of New Building at 3088 White Bear Avenue a. Design Review b. Sign Variance Economic Development Coordinator Martin gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the design plans date-stamped May 26, 2017, for the new multi-tenant commercial building located at 3088 White Bear Avenue North. Approval is subject to the developer complying with the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2. The applicant shall comply with the conditions noted in the engineering report by Jon Jarosch dated June 8, 2017. 3. Prior to the city issuing any grading or building permits the applicant shall be required to do the following: a. Submit to staff a revised photometric plan that meets all city ordinance requirements. b. Submit to staff revised building elevations showing stone veneer being used along the entire base of the building on all four elevations. 4. The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping before getting a building permit. Seconded by Councilmember Smith Ayes – All The motion passed. Councilmember Smith moved to approve the attached resolution authorizing a sign variance allowing two wall signs per tenant for the building located at 3088 White Bear Avenue North. Approval is based on the following reasons: 1. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with sign requirements stipulated by the ordinance would cause wayfinding issues for people looking to access the services provided within the building. 2. Approval of the sign variance will not result in excessive signage for this site as the additional wall signage will not be visible from the White Bear Avenue roadway. 3. Approval would meet the spirit and intent of the ordinance given the additional building signage is on a property that is zoned and guided in the City’s comprehensive plan for commercial use. Packet Page Number 13 of 127 E2 July 10, 2017 12 City Council Meeting Minutes Approval of the sign variance shall be subject to the following: 1. Each tenant of the building is permitted two wall signs – one wall sign on the west elevation and one wall sign on the east elevation. 2. Wall signage is not permitted on the north or south elevations. 3. The size of each wall sign is allowed to be ten percent of the surface area of the exterior façade of the premises occupied by each tenant. 4. Any wall signage on the east elevation shall not be illuminated between the hours of 10 p.m. and 6 a.m. 5. All other signage, including the site’s permitted one freestanding sign, must follow all city sign ordinance requirements. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Consider Approval of Purchase Agreement, Vacant Property East of 1247 Frost Avenue East (PIN 16-29-22-14-0082) Economic Development Coordinator Martin gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the terms of the purchase agreement and authorize the Mayor and City Manager to execute the agreement signifying City Council approval. The City Attorney is authorized to approve the final format of the agreement and also approve minor modifications to the agreement. Seconded by Councilmember Xiong Ayes – All The motion passed. 3. Consider Approval to Purchase New Ambulance Fire Chief Lukin gave the staff report. Councilmember Juenemann moved to approve the purchase of a new ambulance for a total not to exceed $270,000. Seconded by Councilmember Abrams Ayes – All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Packet Page Number 14 of 127 E2 July 10, 2017 13 City Council Meeting Minutes Mayor Slawik adjourned the meeting at 8:28 p.m. Packet Page Number 15 of 127 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: July 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. August 7 th a. Special Workshop: 2018 Budget Presentations, Marketing Strategies for Londin Lane Fire Station 2. August 14 th a. Workshop: 2018 Budget Presentations (Continued), Racial Equity Program Update 3. August 21 st a. Special Workshop: 2018 Budget Review (if needed) * Date TBD: Comcast Franchise Agreement Review with Bob Vose Council Comments Comments regarding Workshops, Council Meetings or other topics of concern or interest. Potential Topics for Future Meetings: Increasing Age of Tobacco Sales to 21 Plastic Bag Ban Rental Housing Licensing Budget Impact None Recommendation No action required. Attachments None. F1a Packet Page Number 16 of 127 F3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Steve Lukin, Fire Chief DATE: July 18, 2017 SUBJECT: Swearing In of New Battalion Chief Shawn Conway Introduction The Maplewood Fire Department will be swearing in new full-time of Battalion Chief of Operations and Training, Shawn Conway. Shawn was hired on June 26, 2017. He came to us from Saint Paul Fire Department with experience in operations and training. He is also a Paramedic and Firefighter. Budget Impact None. Recommendation Information only. Attachments None. Packet Page Number 17 of 127 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: July 18, 2017 SUBJECT: Presentation by the Bionic Polars, North High Robotics Team Introduction/Background The Bionic Polars, the North High Robotics Team, is one of the recipients of the City of Maplewood’s Charitable Gambling funds. They will be giving a presentation to the City Council. Budget Impact None Recommendation No action required. F4 Packet Page Number 18 of 127 F5 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Steve Love, City Engineer/Deputy Public Works Director DATE: July 24, 2017 SUBJECT: Approval of Resolution of Appreciation for Michael Thompson, Public Works Director Introduction Michael Thompson will be resigning his position as Public Works Director on August 2, 2017. The Public Works Department would like to acknowledge Mr. Thompson’s years of service for the City of Maplewood with the adoption of the attached Resolution of Appreciation. Discussion Mr. Thompson began his employment with the City as a Civil Engineer I on November 30, 2005. In 2007, he was promoted to Civil Engineer II and quickly thereafter advanced to Assistant City Engineer then in 2008. Another promotion followed in 2009 to City Engineer/Deputy Public Works Director, and in June of 2012 Mr. Thompson advanced to the current title of Public Works Director. In addition to his Maplewood duties, Mr. Thompson has been very active with the Met Council, American Public Works Association, City Engineers Association of Minnesota, Suburban Rate Authority, the Rushline and Gateway Corridor commissions. Recommendations Approve the attached Resolution of Appreciation for Michael Thompson’s service with the City of Maplewood. Attachments 1. Resolution of Appreciation for Michael Thompson Packet Page Number 19 of 127 F5, Attachment 1 RESOLUTION OF APPRECIATION WHEREAS, Michael Thompson was hired as a Civil Engineer I for the City of Maplewood, beginning his employment on November 30, 2005; and WHEREAS, Mr. Thompson also held the positions of Civil Engineer II, Assistant City Engineer, and City Engineer/Deputy Public Works Director; and WHEREAS, Mr. Thompson has respectfully served as the City’s Public Works Director since June 29, 2012; and WHEREAS, Mr. Thompson has served the City of Maplewood faithfully in the Public Works Department for more than eleven years; and WHEREAS, the City has appreciated Mr. Thompson’s knowledge of civil engineering to ensure the safety, reliability, maintenance, and integrity of Maplewood’s public utilities, roads, and facilities; and WHEREAS, Mr. Thompson has given of his knowledge, skills, abilities, and leadership for the benefit of the City and its residents during his service with the city; and WHEREAS, Mr. Thompson has lead and has been instrumental in the execution of many Capital Improvement Projects, the development of the Living Streets policy, as well as numerous other City initiatives; and WHEREAS, Mr. Thompson has shown dedication to his duties and has consistently contributed his leadership and efforts for the benefit of the city, county and state. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Michael Thompson, Public Works Director, is hereby extended our gratitude and appreciation for his years of dedicated service. Passed by the Maplewood City Council on July 24, 2017. Nora Slawik, Mayor Attest: Andrea Sindt, City Clerk Packet Page Number 20 of 127 TO:Melinda Coleman, City Manager FROM:Ellen Paulseth, Finance Director DATE: SUBJECT:Approval of Claims 382,761.49$ Checks # 99969 thru #100001 dated 07/03/17 thru 07/11/17 289,064.84$ Disbursements via debits to checking account dated 07/03/17 thru 07/07/17 837,146.52$ Checks #100002 thru #100047 dated 07/17/17 thru 07/18/17 354,962.36$ Disbursements via debits to checking account dated 07/10/17 thru 07/14/17 1,863,935.21$ Total Accounts Payable 548,352.08$ Payroll Checks and Direct Deposits dated 07/14/17 1,252.68$ Payroll Deduction check # 99102780 thru # 99102783 dated 07/14/17 549,604.76$ Total Payroll 2,413,539.97$ 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 July 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 21 of 127 Check Description Amount 99969 05014 FINAL PMT - SOUND,LIGHTING,STAGE 1,300.00 99970 02464 PETTY CASH FOR JULY 4TH EVENT 800.00 99971 04137 KARATE INSTRUCTION JUNE 567.00 99972 00585 NET BILLABLE TICKETS - JUNE 911.25 99973 02728 WAKEFIELD PARK IMPROVE-NEW BLDG 13,715.67 99974 00908 TEAM SANCTION FEE-SUMMER SOFTBALL 1,056.00 99975 05353 CONTRACT GASOLINE - JUNE 10,131.44 05353 CONTRACT DIESEL - JUNE 5,970.10 99976 05311 SOFTBALL UMPIRES 6/26 - 6/29 696.00 99977 02696 VFD REPLACEMENT AT CITY HALL 3,100.00 99978 01546 EXTRA TBALL SHIRTS 63.50 99979 01805 D6 DOZER RENTAL - HARVEST FARM 3,840.00 99980 03486 BLACK DIRT FOR SOCCER FIELD REPAIRS 84.00 99981 05369 ULTRA CLEAN SRVS - CITY HALL 588.80 05369 CLEANING SUPPLIES-CH/PD/PW/PM 78.62 99982 05239 SCREENER RENTAL FOR SWEEPINGS 2,800.00 99983 05799 CHAIRS FOR STATION 2 & 3 8,340.98 99984 00479 SPEC MIX FOR C/B REBUILDING 360.00 99985 00531 BLACK DIRT-HOLLOWAY SEWER REPAIR 80.00 99986 05770 NEW PUMP & ENGINE FOR LINE PAINTER 847.00 99987 00671 ATHLETIC FIELD PAINT TOTE 1,387.50 99988 05829 INSTRUCTION FEE - MAY SESSION 1 1,237.50 99989 01111 RADIOS FOR POLICE & FIRE 78,533.84 99990 00001 REFUND C FELION - RESTORE DRIVEWAY 756.00 99991 00001 REFUND CARDINAL-RESTORE DRIVEWAY 756.00 99992 00001 REFUND G BOSTROM - SOFTBALL 150.00 99993 02903 PROJ 16-12 POND-DORLAND PMT#1 234,729.23 99994 05103 SCBA & MEDICAL TESTING 175.00 05103 SCBA & MEDICAL TESTING 175.00 05103 SCBA & MEDICAL TESTING 175.00 05103 SCBA & MEDICAL TESTING 173.00 99995 05670 CONSULTING SERVICES FOR FIRE 140.00 99996 01261 EMS REPORTING SOFTWARE - JUNE 738.67 99997 01340 MEDICAL SUPPLIES 3,513.59 99998 01550 ELECTRICAL INSPECTIONS - JUNE 4,234.80 99999 01669 TOW M311 125.00 100000 05755 VOLLEYBALL REFEREE 05/10 - 06/07 351.00 100001 05705 JANITORIAL SERVICES - JUNE 80.00 382,761.4933Checks in this report. 07/11/2017 PERFORMANCE PLUS LLC PERFORMANCE PLUS LLC 07/11/2017 EULL'S MANUFACTURING CO., INC. 07/11/2017 FROST INC. 07/11/2017 HIRSHFIELD'S CINTAS CORPORATION #470 07/11/2017 CINTAS CORPORATION #470 07/11/2017 PERFORMANCE PLUS LLC LIL SLUGGERS ST. PAUL 07/11/2017 MOTOROLA, INC 07/11/2017 ONE TIME VENDOR 07/11/2017 ONE TIME VENDOR 07/11/2017 ONE TIME VENDOR 07/11/2017 07/11/2017 PARK CONSTRUCTION CO 07/11/2017 07/11/2017 PERFORMANCE PLUS LLC 07/11/2017 DAKOTA WOOD - GRINDING INC. 07/11/2017 DREAMSEAT 07/11/2017 PHYSIO-CONTROL, INC. 07/11/2017 REGIONS HOSPITAL 07/11/2017 Check Register City of Maplewood 07/07/2017 Date Vendor M R P A MANSFIELD OIL CO 07/11/2017 THE EDGE MARTIAL ARTS 07/11/2017 GOPHER STATE ONE-CALL 07/11/2017 MANSFIELD OIL CO 07/11/2017 07/11/2017 KIMLEY-HORN & ASSOCIATES INC 07/11/2017 BUBERL BLACK DIRT INC 07/11/2017 SUMMIT INSPECTIONS 07/11/2017 TWIN CITIES TRANSPORT & 07/11/2017 JOANN WILSON 07/11/2017 07/03/2017 ICABOD PRODUCTIONS LLC 07/03/2017 US BANK 07/11/2017 FRA-DOR INC. 07/11/2017 ZIEGLER INC. 07/11/2017 WILLIE MCCRAY 07/11/2017 MUSKA ELECTRIC CO 07/11/2017 SUBURBAN SPORTSWEAR 07/11/2017 TERRI WOLD 07/11/2017 PETERSON COUNSELING/CONSULTING G1, Attachments Packet Page Number 22 of 127 Settlement Date Payee Description Amount 7/3/2017 MN State Treasurer Drivers License/Deputy Registrar 52,671.93 7/3/2017 Empower - State Plan Deferred Compensation 29,796.00 7/3/2017 US Bank VISA One Card*Purchasing card items 36,966.43 7/5/2017 MN State Treasurer Drivers License/Deputy Registrar 57,520.58 7/6/2017 MN State Treasurer Drivers License/Deputy Registrar 44,011.94 7/6/2017 Delta Dental Dental Premium 2,707.96 7/7/2017 MN State Treasurer Drivers License/Deputy Registrar 59,996.94 7/7/2017 Optum Health DCRP & Flex plan payments 5,393.06 289,064.84 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 23 of 127 Check Description Amount 100002 02324 PRAIRIE FARM RESTORATION CPL GRANT 3,206.72 100003 05234 CAR WASHES - JUNE 39.96 100004 05114 PROJ 16-25 STERLING ST BRIDGE 6,948.50 100005 00216 2017A BOND ISSUE COSTS 11,031.50 00216 2017B BOND ISSUE COSTS 9,000.00 100006 02728 PROJ 16-31 PONDS OF BATTLE CREEK 8,355.44 02728 PROJ 17-11 FERNDALE ICE BUILD-UP 6,285.79 100007 05311 SOFTBALL UMPIRES 7/5 - 7/9 486.00 100008 01202 MAPLEWOOD LIVING,SEASONS-JULY 9,338.91 100009 02043 GARAGE DOOR OPENER STATION #2 183.77 100010 01941 MEDALS FOR YOUTH SOFTBALL 179.40 100011 01409 PROJ 17-02 NATURE CTR IMPROVEMENTS 11,060.00 01409 PROJ 16-12 DORLAND STORMWATER 10,299.24 01409 PROJ 17-01 BUILDING IMPROVEMENTS 6,960.00 01409 PROJ 16-08 CH HVAC UPGRADES 1,722.26 100012 01497 PROF SERVICES FOR 2017B BONDS 22,323.21 01497 PROF SERVICES FOR 2017A BONDS 22,092.96 100013 04192 EMS BILLING - MAY 4,470.00 100014 01190 ELECTRIC & GAS UTILITY 2,413.30 100015 01047 REFLECTIVE SHEETING - SIGNS 382.82 100016 01830 MOVIE AV SET UP 685.93 100017 00100 NEW PAGER 710.00 00100 ACCESSORY KIT-APX WIRELESS RSM 308.00 100018 05559 ONLINE BENEFITS ADMIN FEE- JULY 317.75 100019 03437 INSURANCE AGENT FEE 17-18 14,000.00 100020 01974 REFUND FOR TRANS MEDIC R PASUTTI 87.40 100021 05784 CRADLEPOINT MODEMS IBR1100LP6-NA 8,013.05 100022 03645 GENERATOR RENTAL 4TH OF JULY 645.24 100023 00382 LOCK CHANGE STATION 4 166.50 00382 OPEN FIRE FILES AND KEY LOCKS 149.50 100024 05618 LEASE CHARGES FIRE & PD VEHICLES 3,031.74 100025 00003 ESCROW REL-WOLLER-3019 LAKE ST N 3,526.63 100026 00003 ESCROW REL-PRATT-1962 HAZELWOOD 3,052.71 100027 05730 SUPPLIES FOR 4TH OF JULY EVENT 149.15 100028 05064 FIRE HOSE TESTING 3,739.55 100029 05313 BUSINESS CARD ORDERS 329.76 100030 05831 COMM AMBASSADOR - 1ST HALF 17,280.00 100031 02263 ANIMAL IMPOUNDS & SRVS - APRIL-JUNE 101.00 100032 00827 WORK COMP QTR JULY-SEPT 2017 108,430.00 100033 00827 CLAIM DEDUCTIBLE LMC CA 24769 (16/17)11,726.77 100034 00532 HR ATTORNEY FEE ARB & ADMIN-JUNE 57.45 00532 HR ATTORNEY FEE LABOR REL-JUNE 53.60 100035 05830 KIDS TATOO'S - GIVE AWAYS 450.31 100036 01126 MONTHLY PREMIUM - JULY 416.00 100037 05804 VEHICLE WASHES - JUNE 156.94 100038 00001 REIMB J REESE RESTORE DRIVEWAY 2,500.00 100039 05103 MASK FIT TEST NEW HIRE 35.00 100040 05167 FIREWORKS DISPLAY FOR JULY 4TH 2017 15,000.00 100041 03271 PAINTING/REPLACE FLASHING 1902 PW 6,111.00 100042 05812 WORK OUT EQUIPMENT PLUS SHIPPING 10,901.54 100043 05265 DISPOSAL OF SWEEPINGS TO LANDFILL 1,797.27 100044 00198 WATER UTILITY 1,248.22 00198 WATER UTILITY 912.47 07/18/2017 GRAPHIC DESIGN, INC. 07/18/2017 HALLIE Q. BROWN 07/18/2017 HILLCREST ANIMAL HOSPITAL PA 07/18/2017 L M C I T 07/18/2017 ANCOM COMMUNICATIONS INC APPRIZE TECHNOLOGY SOLUTIONS 07/18/2017 DAVIS LOCK & SAFE 07/18/2017 07/18/2017 FASTENAL COMPANY 07/18/2017 FIRE CATT, LLC 07/18/2017 DAVIS LOCK & SAFE 07/18/2017 ARTHUR J GALLAGHER RISK 07/18/2017 BLUE CROSS REFUNDS COMM-WORKS 07/18/2017 CUMMINS NPOWER LLC 07/18/2017 07/18/2017 S E H 07/18/2017 ALPHA VIDEO & AUDIO INC 07/18/2017 S E H 07/18/2017 SPRINGSTED INC 07/18/2017 SPRINGSTED INC 07/18/2017 TRANS-MEDIC 07/18/2017 XCEL ENERGY 07/18/2017 3M KIMLEY-HORN & ASSOCIATES INC 07/18/2017 KIMLEY-HORN & ASSOCIATES INC 07/18/2017 PATRICK TROPHIES 07/18/2017 S E H 07/18/2017 S E H 07/18/2017 WILLIE MCCRAY 07/18/2017 NYSTROM PUBLISHING CO INC 07/18/2017 OVERHEAD DOOR COMPANY 07/18/2017 ENTERPRISE FM TRUST 07/18/2017 ESCROW REFUND 07/18/2017 ESCROW REFUND Check Register City of Maplewood 07/17/2017 Date Vendor 07/18/2017 07/18/2017 APPLIED ECOLOGICAL SERVICES 07/18/2017 BOLER EXPRESS CAR WASH BRIGGS & MORGAN, P.A. 07/18/2017 BOLTON & MENK, INC. 07/18/2017 BRIGGS & MORGAN, P.A. 07/18/2017 ANCOM COMMUNICATIONS INC 07/18/2017 07/18/2017 MODERN MARKETING 07/18/2017 NCPERS MINNESOTA 07/18/2017 NM CLEAN 1, LLC 07/18/2017 L M C I T 07/18/2017 MADDEN GALANTER HANSEN, LLP 07/18/2017 MADDEN GALANTER HANSEN, LLP 07/18/2017 R J MARCO CONSTRUCTION INC 07/18/2017 ROGUE 07/18/2017 SKB ENVIRONMENTAL 07/18/2017 ONE TIME VENDOR 07/18/2017 PERFORMANCE PLUS LLC 07/18/2017 PYROTECHNIC DISPLAY, INC. 07/18/2017 ST PAUL REGIONAL WATER SRVS 07/18/2017 ST PAUL REGIONAL WATER SRVS G1, Attachments Packet Page Number 24 of 127 100045 02464 PAYING AGENT FEES 450.00 100046 05578 ARTIST COMPENSATION (GRANT)12,285.38 100047 01574 PROJ 16-13 HILLWOOD-CRESTVIEW ST 471,540.88 837,146.5245Checks in this report. 07/18/2017 Z PUPPETS ROSENSCHNOZ 07/17/2017 T A SCHIFSKY & SONS, INC 07/18/2017 US BANK G1, Attachments Packet Page Number 25 of 127 Settlement Date Payee Description Amount 7/10/2017 MN State Treasurer Drivers License/Deputy Registrar 59,582.98 7/10/2017 MN Dept of Natural Resources DNR electronic licenses 1,975.56 7/11/2017 MN State Treasurer Drivers License/Deputy Registrar 29,379.53 7/12/2017 MN State Treasurer Drivers License/Deputy Registrar 44,672.47 7/12/2017 Delta Dental Dental Premium 1,256.70 7/13/2017 MN State Treasurer Drivers License/Deputy Registrar 103,450.13 7/14/2017 MN State Treasurer Drivers License/Deputy Registrar 77,067.45 7/14/2017 MN Dept of Natural Resources DNR electronic licenses 863.50 7/14/2017 MN Dept of Revenue MN Care Tax 8,100.00 7/14/2017 MN Dept of Revenue Fuel Tax 404.42 7/14/2017 Optum Health DCRP & Flex plan payments 1,042.83 7/14/2017 MN State Treasurer State Payroll Tax 23,101.79 7/14/2017 ICMA (Vantagepointe)Deferred Compensation 4,065.00 354,962.36 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 26 of 127 Transaction Date Posting Date Merchant Name Transaction Amount Name 06/19/2017 06/21/2017 VERITIV EXPRESS $105.32 REGAN BEGGS 06/12/2017 06/13/2017 B&H PHOTO 800-606-6969 $29.95 CHAD BERGO 06/13/2017 06/14/2017 BESTBUYCOM801939006032 $27.84 CHAD BERGO 06/21/2017 06/22/2017 BEST BUY MHT 00000109 $5.34 CHAD BERGO 06/21/2017 06/22/2017 MCDONALD'S F12574 $5.78 CHAD BERGO 06/22/2017 06/23/2017 BESTBUYCOM802487001634 $42.84 CHAD BERGO 06/20/2017 06/20/2017 PET FOOD EXPERTS $1,558.15 BRIAN BIERDEMAN 06/14/2017 06/15/2017 BLUE RIBBON BAIT #1 $9.08 OAKLEY BIESANZ 06/12/2017 06/13/2017 EB SUMMER CONFERENCE $260.00 JASON BRASH 06/20/2017 06/21/2017 SUGAR LAKE LODGE $258.21 JASON BRASH 06/12/2017 06/13/2017 SWANK MOTION PICTURES IN $413.00 NEIL BRENEMAN 06/15/2017 06/16/2017 HENRIKSEN ACE HDWE $4.26 NEIL BRENEMAN 06/16/2017 06/20/2017 FEDEXOFFICE 00000828 $111.66 NEIL BRENEMAN 06/20/2017 06/21/2017 BEST BUY MHT 00000109 ($53.56)NEIL BRENEMAN 06/20/2017 06/21/2017 BEST BUY MHT 00000109 $67.47 NEIL BRENEMAN 06/20/2017 06/21/2017 REDBOX *DVD RENTAL $2.14 NEIL BRENEMAN 06/09/2017 06/12/2017 FASTENAL COMPANY01 $11.67 TROY BRINK 06/13/2017 06/14/2017 BATTERIES PLUS #31 $128.52 TROY BRINK 06/16/2017 06/19/2017 DIAMOND VOGEL PAINT #807 $910.50 TROY BRINK 06/22/2017 06/23/2017 MIDWEST SIGN SCREEN MN $161.05 TROY BRINK 06/13/2017 06/14/2017 G&K SERVICES AR $600.06 SCOTT CHRISTENSON 06/13/2017 06/15/2017 MENARDS OAKDALE MN $5.31 SCOTT CHRISTENSON 06/19/2017 06/21/2017 THE HOME DEPOT #2801 $2.96 SCOTT CHRISTENSON 06/20/2017 06/22/2017 THE HOME DEPOT #2801 $31.51 SCOTT CHRISTENSON 06/08/2017 06/12/2017 OFFICEMAX/OFFICEDEPOT6393 $23.77 THERESA CORCORAN 06/08/2017 06/12/2017 OFFICE DEPOT #1090 $9.31 THERESA CORCORAN 06/08/2017 06/12/2017 OFFICE DEPOT #1090 $65.30 THERESA CORCORAN 06/08/2017 06/12/2017 OFFICE DEPOT #1090 $20.54 THERESA CORCORAN 06/14/2017 06/15/2017 IN *ENCOMPASS TELEMATICS,$676.00 KERRY CROTTY 06/21/2017 06/22/2017 TARGET 00011858 $14.45 JOHN DUCHARME 06/19/2017 06/20/2017 JONES & BARTLETT LEARNING $99.40 MICHAEL DUGAS 06/12/2017 06/13/2017 OAKDALE RENTAL CENTER $423.00 DOUG EDGE 06/12/2017 06/14/2017 MENARDS OAKDALE MN $29.98 DOUG EDGE 06/13/2017 06/14/2017 SITEONE LANDSCAPE S $50.62 DOUG EDGE 06/20/2017 06/21/2017 SITEONE LANDSCAPE S $216.37 DOUG EDGE 06/07/2017 06/12/2017 BOUND TREE MEDICAL LLC $495.25 PAUL E EVERSON 06/09/2017 06/12/2017 THE HOME DEPOT #2801 $28.86 PAUL E EVERSON 06/15/2017 06/19/2017 BOUND TREE MEDICAL LLC $766.85 PAUL E EVERSON 06/21/2017 06/23/2017 BOUND TREE MEDICAL LLC $10.08 PAUL E EVERSON 06/21/2017 06/23/2017 BOUND TREE MEDICAL LLC $723.36 PAUL E EVERSON 06/12/2017 06/13/2017 THE STAR TRIBUNE CIRCULAT $49.27 GEORGE FAIRBANKS 06/21/2017 06/22/2017 SAMS CLUB #6312 $17.94 SHANN FINWALL 06/21/2017 06/23/2017 VICTORY PARKING INC $9.00 SHANN FINWALL 06/13/2017 06/14/2017 PROGRESSIVE BUSINESS PUB $124.95 CASSIE FISHER 06/15/2017 06/15/2017 IACA $10.00 CASSIE FISHER 06/08/2017 06/12/2017 BROADCAST PIX INC - 96818 $600.00 MYCHAL FOWLDS 06/10/2017 06/12/2017 AT&T*BILL PAYMENT $33.25 MYCHAL FOWLDS 06/16/2017 06/16/2017 COMCAST CABLE COMM $2.71 MYCHAL FOWLDS 06/13/2017 06/14/2017 IDU*INSIGHT PUBLIC SEC $220.22 NICK FRANZEN 06/15/2017 06/16/2017 LOFFLER COMPANIES, INC.$118.91 NICK FRANZEN 06/16/2017 06/19/2017 LINE 1 PARTNERS $1,467.76 NICK FRANZEN 06/16/2017 06/19/2017 IDU*INSIGHT PUBLIC SEC $915.40 NICK FRANZEN 06/22/2017 06/23/2017 MICROSOFT *ANSWER DESK $1,999.00 NICK FRANZEN 06/15/2017 06/19/2017 THE HOME DEPOT #2801 $17.97 VIRGINIA GAYNOR 06/19/2017 06/21/2017 THE HOME DEPOT #2801 $43.80 VIRGINIA GAYNOR 06/21/2017 06/23/2017 ALPHA VIDEO + AUDIO $67.37 VIRGINIA GAYNOR 06/09/2017 06/12/2017 KNOWLAN'S MARKET #2 $7.26 CAROLE GERNES G1, Attachments Packet Page Number 27 of 127 06/16/2017 06/19/2017 IFIXIT.COM $67.70 ALEX GERONSIN 06/20/2017 06/21/2017 IDU*INSIGHT PUBLIC SEC $70.08 ALEX GERONSIN 06/12/2017 06/13/2017 MILLS FLEET FARM 2700 $23.54 MARK HAAG 06/12/2017 06/13/2017 HEJNY RENTAL INC $167.30 MARK HAAG 06/12/2017 06/13/2017 HEJNY RENTAL INC $22.89 MARK HAAG 06/14/2017 06/16/2017 MENARDS MAPLEWOOD MN $40.25 MARK HAAG 06/19/2017 06/21/2017 HIRSHFIELDS MAPLEWOOD $507.88 MARK HAAG 06/21/2017 06/22/2017 SAMSCLUB #6309 $26.20 MARK HAAG 06/13/2017 06/15/2017 GRUBERS POWER EQUIPMENT $32.12 GARY HINNENKAMP 06/20/2017 06/21/2017 HENRIKSEN ACE HDWE $40.22 GARY HINNENKAMP 06/13/2017 06/14/2017 G&K SERVICES AR $20.25 ANN HUTCHINSON 06/14/2017 06/15/2017 HEJNY RENTAL INC $256.62 ANN HUTCHINSON 06/15/2017 06/16/2017 MIKES LP GAS INC $31.35 ANN HUTCHINSON 06/19/2017 06/20/2017 MIKES LP GAS INC $97.50 ANN HUTCHINSON 06/20/2017 06/22/2017 HEJNY RENTAL INC $73.14 ANN HUTCHINSON 06/21/2017 06/22/2017 PTK*FOTOSEARCH $5.00 ANN HUTCHINSON 06/21/2017 06/22/2017 WWW.ISTOCK.COM $33.00 ANN HUTCHINSON 06/21/2017 06/22/2017 NAPA STORE 3279016 $41.25 JUSTIN JAMES 06/21/2017 06/23/2017 MENARDS MAPLEWOOD MN $164.53 JUSTIN JAMES 06/22/2017 06/23/2017 CUB FOODS #1599 $14.12 JOE JENSEN 06/13/2017 06/14/2017 IN *VIRTUE PRINTING $226.62 ELIZABETH JOHNSON 06/14/2017 06/15/2017 IN *VIRTUE PRINTING $599.90 ELIZABETH JOHNSON 06/15/2017 06/15/2017 ULINE *SHIP SUPPLIES $445.99 KEVIN JOHNSON 06/17/2017 06/19/2017 ULINE *SHIP SUPPLIES ($16.07)KEVIN JOHNSON 06/19/2017 06/21/2017 MENARDS MAPLEWOOD MN $509.36 KEVIN JOHNSON 06/16/2017 06/19/2017 THE HOME DEPOT #2801 $167.66 DON JONES 06/08/2017 06/12/2017 SHRED-IT MINNEAPOLIS $118.80 LOIS KNUTSON 06/12/2017 06/13/2017 FIREHOUSE SUBS #60 $50.34 LOIS KNUTSON 06/12/2017 06/13/2017 CUB FOODS #1599 $34.60 LOIS KNUTSON 06/19/2017 06/21/2017 NATIONAL RECREATION &$425.00 DUWAYNE KONEWKO 06/12/2017 06/13/2017 JOANN ETC #1970 $8.02 NICHOLAS KREKELER 06/13/2017 06/14/2017 CORPORATE MARK INC.$18.00 NICHOLAS KREKELER 06/13/2017 06/14/2017 CUB FOODS #1599 $40.66 NICHOLAS KREKELER 06/13/2017 06/14/2017 CUB FOODS #1599 $55.19 NICHOLAS KREKELER 06/08/2017 06/12/2017 KEEPRS $204.56 DAVID KVAM 06/19/2017 06/21/2017 TWIN CITIES TRANS & RECOV $391.24 DAVID KVAM 06/20/2017 06/21/2017 STREICHER'S MO $1,109.48 DAVID KVAM 06/21/2017 06/22/2017 DALCO ENTERPRISES $336.92 CHING LO 06/13/2017 06/14/2017 EMERGENCY APPARATUS MAINT $1,268.27 STEVE LUKIN 06/20/2017 06/21/2017 STAPLS6921982023000 $21.41 MIKE MARTIN 06/22/2017 06/23/2017 STAPLS6921996531000 $26.77 MIKE MARTIN 06/08/2017 06/12/2017 MOGREN LANDSCAPING $123.00 BRENT MEISSNER 06/22/2017 06/23/2017 CMS MEDICARE APPLIC FEE $560.00 MICHAEL MONDOR 06/09/2017 06/12/2017 SITEONE LANDSCAPE S $811.60 JOHN NAUGHTON 06/15/2017 06/19/2017 THE HOME DEPOT #2801 ($37.96)JOHN NAUGHTON 06/15/2017 06/19/2017 THE HOME DEPOT #2801 $94.83 JOHN NAUGHTON 06/15/2017 06/19/2017 THE HOME DEPOT #2801 $200.34 JOHN NAUGHTON 06/16/2017 06/19/2017 HENRIKSEN ACE HDWE $25.47 JOHN NAUGHTON 06/20/2017 06/21/2017 FRATTALLONES WOODBURY AC $15.67 JOHN NAUGHTON 06/22/2017 06/23/2017 HENRIKSEN ACE HDWE $22.01 JORDAN ORE 06/21/2017 06/22/2017 OAKDALE RENTAL CENTER ($10.00)ERICK OSWALD 06/21/2017 06/22/2017 OAKDALE RENTAL CENTER $194.00 ERICK OSWALD 06/20/2017 06/22/2017 GOVERNMENT FINANCE $435.00 ELLEN PAULSETH 06/13/2017 06/14/2017 MIKES LP GAS INC $9.74 ROBERT PETERSON 06/13/2017 06/15/2017 MENARDS OAKDALE MN $21.96 ROBERT PETERSON 06/08/2017 06/12/2017 DAVIS EQUIPMENT $154.00 STEVEN PRIEM 06/09/2017 06/12/2017 KATH FUEL OFFICE $216.00 STEVEN PRIEM 06/12/2017 06/13/2017 FACTORY MOTOR PARTS #19 $6.00 STEVEN PRIEM G1, Attachments Packet Page Number 28 of 127 06/14/2017 06/15/2017 ZARNOTH BRUSH WORKS INC $162.00 STEVEN PRIEM 06/15/2017 06/16/2017 FACTORY MOTOR PARTS #19 $18.06 STEVEN PRIEM 06/19/2017 06/20/2017 AUTO PLUS-LITTLE CANADA $77.95 STEVEN PRIEM 06/20/2017 06/21/2017 AUTO PLUS-LITTLE CANADA $233.34 STEVEN PRIEM 06/21/2017 06/22/2017 FACTORY MOTOR PARTS #19 $7.98 STEVEN PRIEM 06/21/2017 06/22/2017 AN FORD WHITE BEAR LAK $85.35 STEVEN PRIEM 06/21/2017 06/22/2017 AN FORD WHITE BEAR LAK $43.37 STEVEN PRIEM 06/21/2017 06/23/2017 REEDS SALES AND SERVIC $7.00 STEVEN PRIEM 06/22/2017 06/23/2017 FACTORY MOTOR PARTS #19 $3.01 STEVEN PRIEM 06/22/2017 06/23/2017 FACTORY MOTOR PARTS #19 $13.83 STEVEN PRIEM 06/22/2017 06/23/2017 FACTORY MOTOR PARTS #19 $3.01 STEVEN PRIEM 06/22/2017 06/23/2017 FACTORY MOTOR PARTS #19 $71.76 STEVEN PRIEM 06/22/2017 06/23/2017 FACTORY MOTOR PARTS #19 $9.03 STEVEN PRIEM 06/22/2017 06/23/2017 NOR*NORTHERN TOOL $112.47 STEVEN PRIEM 06/22/2017 06/23/2017 TRI-STATE BOBCAT $236.19 STEVEN PRIEM 06/09/2017 06/12/2017 BEST BUY MHT 00000109 $18.20 MICHAEL RENNER 06/14/2017 06/15/2017 ANCOM TECHNICAL CENTER IN $427.30 MICHAEL RENNER 06/12/2017 06/13/2017 IN *WINDSCAPES $468.40 AUDRA ROBBINS 06/14/2017 06/16/2017 NRPA-CONGRESS $535.00 AUDRA ROBBINS 06/16/2017 06/19/2017 CTC*CONSTANTCONTACT.COM $95.00 AUDRA ROBBINS 06/15/2017 06/19/2017 MINNESOTA GOVERNMENT FIN $30.00 JOSEPH RUEB 06/14/2017 06/16/2017 LILLIE SUBURBAN NEWSPAPER $239.00 DEB SCHMIDT 06/14/2017 06/16/2017 LILLIE SUBURBAN NEWSPAPER $198.25 DEB SCHMIDT 05/06/2017 06/15/2017 NS *NUTRI SYSTEM ($336.98)PAUL SCHNELL 06/09/2017 06/12/2017 KOHL'S #0054 $287.91 SCOTT SCHULTZ 06/10/2017 06/12/2017 TRUGREEN LP *5025 $3,677.10 SCOTT SCHULTZ 06/13/2017 06/15/2017 ON SITE SANITATION INC $20.00 SCOTT SCHULTZ 06/14/2017 06/15/2017 SAMS CLUB #6309 $154.06 SCOTT SCHULTZ 06/16/2017 06/19/2017 ON SITE SANITATION INC $1,344.00 SCOTT SCHULTZ 06/19/2017 06/20/2017 COSTCO WHSE #1021 $168.38 SCOTT SCHULTZ 06/19/2017 06/21/2017 ON SITE SANITATION INC $1,838.00 SCOTT SCHULTZ 06/20/2017 06/22/2017 ON SITE SANITATION INC $116.00 SCOTT SCHULTZ 06/21/2017 06/23/2017 THE HOME DEPOT #2801 $379.00 SCOTT SCHULTZ 06/21/2017 06/23/2017 ON SITE SANITATION INC $24.15 SCOTT SCHULTZ 06/08/2017 06/12/2017 STORCHAK CLEANERS $16.26 MICHAEL SHORTREED 06/08/2017 06/12/2017 STORCHAK CLEANERS $47.25 MICHAEL SHORTREED 06/08/2017 06/12/2017 STORCHAK CLEANERS $40.65 MICHAEL SHORTREED 06/15/2017 06/16/2017 IN *RICE STREET CAR WASH $33.00 MICHAEL SHORTREED 06/16/2017 06/19/2017 HOLIDAY INN $266.44 ANDREA SINDT 06/14/2017 06/15/2017 SHRED N GO INC $700.00 CHRIS SWANSON 06/15/2017 06/16/2017 CVS/PHARMACY #01751 $2.99 TODD TEVLIN 06/20/2017 06/21/2017 JOANN ETC #1902 $17.10 KAREN WACHAL 06/20/2017 06/22/2017 OFFICEMAX/OFFICEDEPOT #63 $82.26 KAREN WACHAL 06/20/2017 06/20/2017 ULINE *SHIP SUPPLIES $180.78 TAMMY WYLIE 06/22/2017 06/22/2017 ULINE *SHIP SUPPLIES $136.25 TAMMY WYLIE $36,966.43 G1, Attachments Packet Page Number 29 of 127 CHECK #CHECK DATE EMPLOYEE NAME 356.42 122.01 4,518.38 07/14/17 VITT, SANDRA 1,530.23 07/14/17 WEAVER, KRISTINE 2,919.08 07/14/17 SHORTREED, MICHAEL 4,623.75 PRINS, KELLY 2,133.93 ABRAMS, MARYLEE 456.30 07/14/17 KNUTSON, LOIS ANDERSON, CAROLE 07/14/17 OSTER, ANDREA 2,142.23 07/14/17 RICHTER, CHARLENE 07/14/17 CORCORAN, THERESA 2,135.30 07/14/17 HENDRICKS, JENNIFER 1,638.40 AMOUNT 07/14/17 07/14/17 OSWALD, BRENDA 2,222.43 07/14/17 PAULSETH, ELLEN 4,989.33 07/14/17 HERZOG, LINDSAY 1,410.97 07/14/17 RAMEAUX, THERESE 3,466.14 07/14/17 JAHN, DAVID 2,482.68 07/14/17 07/14/17 FUNK, MICHAEL 5,610.65 07/14/17 07/14/17 JUENEMANN, KATHLEEN CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount 07/14/17 BEGGS, REGAN 1,053.39 07/14/17 EVANS, CHRISTINE 2,132.99 07/14/17 RUEB, JOSEPH 3,780.02 07/14/17 ARNOLD, AJLA 2,070.83 07/14/17 2,644.03 07/14/17 CHRISTENSON, SCOTT 2,598.52 07/14/17 COLEMAN, MELINDA 6,352.67 07/14/17 WYLIE, TAMMY 2,030.59 07/14/17 KVAM, DAVID 4,756.86 07/14/17 SHEA, STEPHANIE 1,762.59 07/14/17 BAKKE, LONN 3,450.65 07/14/17 BARTZ, PAUL 3,601.23 07/14/17 ABEL, CLINT 3,224.58 07/14/17 ALDRIDGE, MARK 3,537.89 07/14/17 BERGERON, ASHLEY 2,084.30 07/14/17 BIERDEMAN, BRIAN 4,030.95 07/14/17 BELDE, STANLEY 3,488.96 07/14/17 BENJAMIN, MARKESE 3,407.69 07/14/17 CARNES, JOHN 3,390.37 07/14/17 CROTTY, KERRY 4,793.60 07/14/17 BURT-MCGREGOR, EMILY 1,680.00 07/14/17 BUSACK, DANIEL 4,180.01 07/14/17 DEMULLING, JOSEPH 4,466.54 07/14/17 MOY, PAMELA 1,747.88 07/14/17 CRAWFORD, LEIGH 6,041.61 1,357.67 07/14/17 SCHMIDT, DEBORAH 3,428.97 07/14/17 SINDT, ANDREA 3,258.57 07/14/17 HANSON, MELISSA 1,496.99 456.30 07/14/17 SLAWIK, NORA 874.85 07/14/17 SMITH, BRYAN 456.30 07/14/17 LARSON, MICHELLE 2,133.01 XIONG, TOU 456.30 1,469.55 07/14/17 DEBILZAN, JUDY 2,384.19 G1, Attachments Packet Page Number 30 of 127 13,182.27 07/14/17 ERICKSON, VIRGINIA 1,219.92 07/14/17 FISHER, CASSANDRA 2,158.60 07/14/17 DUGAS, MICHAEL 4,981.51 07/14/17 GABRIEL, ANTHONY 3,482.11 07/14/17 HAWKINSON JR, TIMOTHY 3,752.32 07/14/17 FORSYTHE, MARCUS 3,419.26 07/14/17 FRITZE, DEREK 3,657.03 07/14/17 HOEMKE, MICHAEL 385.28 07/14/17 HOFMEISTER, TIMOTHY 372.00 07/14/17 HER, PHENG 3,369.08 07/14/17 HIEBERT, STEVEN 3,682.10 07/14/17 KONG, TOMMY 3,283.54 07/14/17 KREKELER, NICHOLAS 980.75 07/14/17 JAMES JR, JUSTIN 464.00 07/14/17 JOHNSON, KEVIN 4,465.82 07/14/17 LANGNER, SCOTT 3,224.58 07/14/17 LANGNER, TODD 3,724.34 07/14/17 KROLL, BRETT 3,224.58 07/14/17 LANDEROS CRUZ, JESSICA 546.22 07/14/17 MARINO, JASON 3,487.26 07/14/17 MCCARTY, GLEN 3,400.52 07/14/17 LENERTZ, NICHOLAS 2,225.29 07/14/17 LYNCH, KATHERINE 3,304.85 07/14/17 MOE, AEH BEL 246.50 07/14/17 MULVIHILL, MARIA 3,163.65 07/14/17 METRY, ALESIA 3,026.54 07/14/17 MICHELETTI, BRIAN 2,987.71 07/14/17 OLDING, PARKER 14,960.41 07/14/17 OLSON, JULIE 3,459.48 07/14/17 MURRAY, RACHEL 1,640.00 07/14/17 NYE, MICHAEL 4,249.59 07/14/17 REZNY, BRADLEY 3,489.81 07/14/17 SLATER, BENJAMIN 3,390.86 07/14/17 PARKER, JAMES 3,271.73 07/14/17 PETERSON, JARED 3,251.35 07/14/17 SYPNIEWSKI, WILLIAM 3,224.58 07/14/17 TAUZELL, BRIAN 3,651.47 07/14/17 STARKEY, ROBERT 3,017.26 07/14/17 STEINER, JOSEPH 4,063.94 07/14/17 WENZEL, JAY 3,329.54 07/14/17 XIONG, KAO 3,269.35 07/14/17 THIENES, PAUL 3,956.97 07/14/17 VANG, PAM 2,880.21 07/14/17 ANDERSON, BRIAN 159.00 07/14/17 BASSETT, BRENT 367.70 07/14/17 XIONG, TUOYER 464.00 07/14/17 ZAPPA, ANDREW 3,271.81 07/14/17 BOURQUIN, RON 918.35 07/14/17 CAPISTRANT, JOHN 336.05 07/14/17 BAUMAN, ANDREW 3,632.88 07/14/17 BEITLER, NATHAN 791.70 07/14/17 CRUMMY, CHARLES 364.38 07/14/17 DABRUZZI, THOMAS 3,344.11 07/14/17 COREY, ROBERT 205.40 07/14/17 CRAWFORD - JR, RAYMOND 4,595.71 07/14/17 HAGEN, MICHAEL 364.39 07/14/17 HALE, JOSEPH 471.66 07/14/17 DAWSON, RICHARD 4,204.14 07/14/17 EVERSON, PAUL 3,678.38 07/14/17 HALWEG, JODI 4,692.20 07/14/17 HAWTHORNE, ROCHELLE 3,712.22 G1, Attachments Packet Page Number 31 of 127 234.60 74.98 07/14/17 HUTCHINSON, JAMES 274.24 07/14/17 IMM, TRACY 774.11 07/14/17 KARRAS, JAMIE 795.00 07/14/17 KERSKA, JOSEPH 1,026.90 07/14/17 JANSEN, CHAD 523.39 07/14/17 KANE, ROBERT 614.14 07/14/17 LANDER, CHARLES 3,880.02 07/14/17 LINDER, TIMOTHY 3,414.05 07/14/17 KONDER, RONALD 367.69 07/14/17 KUBAT, ERIC 3,789.31 07/14/17 MORGAN, JEFFERY 423.33 07/14/17 NEILY, STEVEN 368.50 07/14/17 LOCHEN, MICHAEL 1,262.71 07/14/17 MONDOR, MICHAEL 4,774.52 07/14/17 NOWICKI, PAUL 367.69 07/14/17 OPHEIM, JOHN 262.65 07/14/17 NIELSEN, KENNETH 455.78 07/14/17 NOVAK, JEROME 3,552.22 07/14/17 POWERS, KENNETH 3,180.41 07/14/17 RANGEL, DERRICK 344.51 07/14/17 PACHECO, ALPHONSE 384.25 07/14/17 PETERSON, ROBERT 4,022.84 07/14/17 SEDLACEK, JEFFREY 3,755.70 07/14/17 STREFF, MICHAEL 3,520.32 07/14/17 RODRIGUEZ, ROBERTO 3,355.81 07/14/17 SAUERWEIN, ADAM 125.88 07/14/17 ZAPPA, ERIC 2,917.34 07/14/17 CONWAY, SHAWN 3,917.72 07/14/17 SVENDSEN, RONALD 4,601.11 07/14/17 TROXEL, REID 159.00 07/14/17 CORTESI, LUANNE 2,122.60 07/14/17 JANASZAK, MEGHAN 2,402.01 07/14/17 LO, CHING 1,125.38 07/14/17 LUKIN, STEVEN 5,214.17 07/14/17 DOUGLASS, TOM 1,992.09 07/14/17 EDGE, DOUGLAS 2,402.90 07/14/17 BRINK, TROY 2,684.79 07/14/17 BUCKLEY, BRENT 3,452.70 07/14/17 NAGEL, BRYAN 4,140.60 07/14/17 OSWALD, ERICK 2,648.48 07/14/17 JONES, DONALD 2,429.59 07/14/17 MEISSNER, BRENT 2,443.29 07/14/17 TEVLIN, TODD 2,439.59 07/14/17 BURLINGAME, NATHAN 3,287.46 07/14/17 RUIZ, RICARDO 873.28 07/14/17 RUNNING, ROBERT 2,672.49 07/14/17 JAROSCH, JONATHAN 3,608.23 07/14/17 LINDBLOM, RANDAL 3,134.05 07/14/17 DUCHARME, JOHN 3,077.52 07/14/17 ENGSTROM, ANDREW 3,427.51 07/14/17 ZIEMAN, SCOTT 1,088.00 07/14/17 RHODES, KELLY 960.00 07/14/17 LOVE, STEVEN 4,552.91 07/14/17 THOMPSON, MICHAEL 5,611.16 07/14/17 HINNENKAMP, GARY 3,159.48 07/14/17 HUMMEL, SAMUEL 704.00 07/14/17 HAMRE, MILES 766.14 07/14/17 HAYS, TAMARA 1,993.85 07/14/17 SAKRY, JASON 2,139.87 07/14/17 NAUGHTON, JOHN 2,446.87 07/14/17 ORE, JORDAN 2,207.29 G1, Attachments Packet Page Number 32 of 127 187.13 266.17 99102779 07/14/17 INTIHAR, JAMIE 42.00 548,352.08 07/14/17 FRANZEN, NICHOLAS 3,927.04 07/14/17 WOEHRLE, MATTHEW 2,620.40 07/14/17 XIONG, BOON 2,075.27 07/14/17 FOWLDS, MYCHAL 2,651.63 07/14/17 GERONSIN, ALEXANDER 2,559.25 07/14/17 RENNER, MICHAEL 2,817.40 07/14/17 WISTL, MOLLY 364.00 07/14/17 COUNTRYMAN, BRENDA 1,316.88 07/14/17 PRIEM, STEVEN 2,731.10 07/14/17 ADAMS, DAVID 2,354.41 07/14/17 HAAG, MARK 2,674.79 07/14/17 JENSEN, JOSEPH 2,104.09 07/14/17 WILBER, JEFFREY 2,086.59 07/14/17 SCHULTZ, SCOTT 4,101.33 07/14/17 SALCHOW, CONNOR 828.00 07/14/17 HER, KONNIE 790.50 07/14/17 HUTCHINSON, ANN 3,003.58 07/14/17 BIESANZ, OAKLEY 1,597.61 07/14/17 GERNES, CAROLE 1,721.83 07/14/17 WOLFE, KAYLA 288.00 07/14/17 GAYNOR, VIRGINIA 3,672.65 07/14/17 TROENDLE, CATHY JO 187.13 07/14/17 WACHAL, KAREN 1,040.52 07/14/17 KROLL, LISA 2,151.29 07/14/17 ADADE, JANE 1,247.63 07/14/17 JOHNSON, ELIZABETH 1,817.80 07/14/17 KONEWKO, DUWAYNE 5,547.80 07/14/17 BRASH, JASON 3,404.19 07/14/17 DEWEY, MARK 1,024.00 07/14/17 FINWALL, SHANN 3,602.20 07/14/17 MARTIN, MICHAEL 3,699.07 07/14/17 WEIDNER, JAMES 2,441.79 07/14/17 WELLENS, MOLLY 1,983.73 07/14/17 SWAN, DAVID 3,130.89 07/14/17 SWANSON, CHRIS 2,264.19 07/14/17 BRENEMAN, NEIL 2,729.93 07/14/17 ETTER, LAURA 140.00 07/14/17 ABRAHAM, JOSHUA 2,184.99 07/14/17 BJORK, BRANDON 296.13 1,757.88 07/14/17 LIND, SARAH 105.00 07/14/17 FISCHER, ALEXANDRA 96.00 07/14/17 HER, JACOB 105.00 07/14/17 FAIRBANKS, GEORGE 3,370.40 07/14/17 XIONG, BAO 96.00 07/14/17 YANG, SHERLING 96.00 07/14/17 BERGO, CHAD 3,926.61 07/14/17 ROBBINS, CAMDEN 201.25 07/14/17 SCHALLER, SCOTT 204.00 07/14/17 MOUA, KHATTALYNNAH 138.00 07/14/17 ROBBINS, AUDRA 3,856.01 07/14/17 KUCHENMEISTER, GINA G1, Attachments Packet Page Number 33 of 127 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Chris Swanson, Environmental and City Code Specialist DATE: July 14, 2017 SUBJECT: Approval of a Conditional Use Permit Review, Whitaker Sports and Classic Cars, 1081 Highway 36 Introduction The conditional use permit (CUP) for Whitaker Sports and Classic Cars located at 1081 Highway 36 is due for review. The conditional use permit was issued allowing for used car sales to take place at this site. The original 2014 approval also included a variance to allow used car sales closer than 350 feet to a residential area. Background On July 14, 2014, the city council approved a conditional use permit for Chuck Whitaker to sell used cars from the property located at 1081 Highway 36. The city council also approved a variance to allow for the car sales to take place closer than 350 feet to a residential area. On July 13, 2015, the city council reviewed the CUP and approved for one year. On July 25, 2016, the city council tabled the review of this CUP so it could receive more information from the applicant. On August 22, 2016, the city council moved to approve a minor CUP amendment permitting up to 10 cars to be stored in front of the property and approve the CUP for an additional year. Discussion The exterior site improvements that were proposed with the original application have been completed and Mr. Whitaker is meeting the conditions of approval. In July of 2016, the applicant requested a minor amendment to the site’s CUP to allow up to 10 cars be parked on site. The applicant has indicated his business had grown considerably since the 2014 approval and by council approving the minor CUP amendment he will be able to stay within compliance. Council approved this request during the August 22, 2016 meeting. Staff has inspected the site several times and found the number of vehicles stored outside to be in compliance with the conditions of the CUP and no other violations of city code present. G2 Packet Page Number 34 of 127 Budget Impacts None Recommendations Review the conditional use permit for Whitaker Sports and Classic Cars again only if a problem arises or a major change is proposed. Attachments 1. Location Map 2. Floor Plan 3. July 14, 2014 city council minutes 4. Aug 22, 2016 city council minutes G2 Packet Page Number 35 of 127 G2, Attachment 1 Packet Page Number 36 of 127 G2, Attachment 2 Packet Page Number 37 of 127 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, July 14, 2014 Council Chambers, City Hall Meeting No. 11-14 1. Approval of the Following at 1081 Highway 36 for Chuck Whitaker: a. A Conditional Use Permit for Used-Car Sales b. A Variance for Used-Car Sales Closer than 350 Feet to a Residential District Councilmember Cardinal recused himself from participating and voting on this agenda item. Senior Planner Ekstrand gave the staff report. John Donofrio, Planning Commissioner addressed the council and gave the Planning Commission report. Charles Whitaker, Owner of Whitaker Buick GMC Company addressed the council and gave additional information. Councilmember Abrams moved to approve the staff recommendation with minor amendment of only permitting 7 cars out in front of the property at one time. A. Approve the conditional use permit resolution to allow used-car sales at 1081 Highway 36. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the plans date-stamped June 11, 2014, approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year after review and good-cause is shown. 3. The city council shall review this permit in one year. 4. This permit requires that cars for sale be kept indoors as proposed. 5. Any signs shall be installed in accordance with the Maplewood Sign Ordinance. 6. The applicant shall pave the area behind the building to eliminate the graveled parking and driveway surfaces. The property owner shall also do the same in the area behind Hirschfield’s at the same time to clean up the site. 7. The permitted hours of retail operation shall be Monday through Thursday 9 a.m. to 8 p.m. and Friday and Saturday 9 a.m. to 6 p.m. 8. Test drives shall be limited to the frontage road with drives through the residential neighborhood strongly discouraged. 9. Vehicle deliveries and transport unloading shall be done on site and not along G2, Attachment 3 Packet Page Number 38 of 127 public streets. B. Approve of the variance resolution for the proposed Whitaker used car sales business to be less than 350 feet from a residential district. The proposed use would be 190 feet away. This variance approval is based on the following findings: 1. The proposed variance would be in harmony with the intent of the ordinance. With a 350 foot separation from a residential property, the code attempts to buffer auto sales activities from residents. In this case, there would be no outdoor car sales or displays, to eliminate any neighborhood impact. 2. The use would be consistent with the comprehensive plan since it is classified commercial and auto sales are a commercial activity. 3. There are practical difficulties in complying with the ordinance. The existing building is closer than 350 feet to the nearest residentially zoned property. This proximity is nothing the applicant can control. This “practical difficulty” is being addressed by the applicant by operating his used car sales business inside the building. Other than test drives, there would be no impact on the neighborhood. The residential district to the north, furthermore, is almost fully screened by mature trees from this commercial property. Resolution 14-7-1098 Conditional Use Permit WHEREAS, Chuck Whitaker, of Whitaker Buick GMC Co., has applied for a conditional use permit be allowed to sell used automobiles at 1081 Highway 36. WHEREAS, Sections 44-512 (5) of the city ordinances requires a conditional use permit for used car sales in a M1 (light manufacturing) zoning district. WHEREAS, this permit applies to the property located at 1081 Highway 36. The property identification number of this property is: 092922310001 WHEREAS, the history of this conditional use permit is as follows: 1. On July 1, 2014, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On July 14, 2014, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: G2, Attachment 3 Packet Page Number 39 of 127 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped June 11, 2014, approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year after review and good-cause is shown. 3. The city council shall review this permit in one year. 4. This permit requires that cars for sale be kept indoors as proposed. 5. Any signs shall be installed in accordance with the Maplewood Sign Ordinance. 6. The applicant shall pave the area behind the building to eliminate the graveled parking and driveway surfaces. The property owner shall also do the same in the area behind Hirschfield’s at the same time to clean up the site. 7. The permitted hours of retail operation shall be Monday through Thursday 9 a.m. to 8 p.m. and Friday and Saturday 9 a.m. to 6 p.m. 8. Test drives shall be limited to the frontage road with drives through the residential neighborhood strongly discouraged. G2, Attachment 3 Packet Page Number 40 of 127 9. Vehicle deliveries and transport unloading shall be done on site and not along public streets. The Maplewood City Council approved this resolution on July 14, 2014. Resolution 14-7-1099 Variance Resolution WHEREAS, Chuck Whitaker, of Whitaker Buick GMC Co., has applied for a variance to be allowed to operate a used car sales business closer than 350 feet to a residential zoning district. WHEREAS, this variance applies to the property at 1081 Highway 36. The property identification numbers for this property is: 092922310001 WHEREAS, Sections 44-512 (5) of the city ordinances requires that used car sales businesses be at least 350 feet from a residential district. WHEREAS, the applicant’s proposed use would be 190 feet from the nearest residential district. WHEREAS, the history of this variance is as follows: 1. The planning commission held a public hearing on July 1, 2014. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this variance. 2. On July 14, 2014, the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described variances since: 1. The proposed variance would be in harmony with the intent of the ordinance. With a 350 foot separation from a residential property, the code attempts to buffer auto sales activities from residents. In this case, there would be no outdoor car sales or displays, to eliminate any neighborhood impact. 2. The use would be consistent with the comprehensive plan since it is classified commercial and auto sales are a commercial activity. 3. There are practical difficulties in complying with the ordinance. The existing building is closer than 350 feet to the nearest residentially zoned property. This proximity is nothing the applicant can control. This “practical difficulty” is being addressed by the applicant by operating his used car sales business inside the building. Other than test drives, there would be no impact on the neighborhood. The residential district to G2, Attachment 3 Packet Page Number 41 of 127 the north, furthermore, is almost fully screened by mature trees from this commercial property. The Maplewood City Council approved this resolution on July 14, 2014. Seconded by Councilmember Juenemann Ayes – Mayor Slawik, Council Members Abrams, Juenemann and Koppen Abstain – Councilmember Cardinal The motion passed. G2, Attachment 3 Packet Page Number 42 of 127 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 22, 2016 City Hall, Council Chambers Meeting No. 16-16 A. CONSENT AGENDA 1. Approval of a Conditional Use Permit Review, Whitaker Sports and Classic Cars, 1081 Highway 36 Councilmember Abrams moved to approve the minor CUP amendment permitting up to 10 cars out in front of the property at one time and to review the conditional use permit for Whitaker Sports and Classic Cars again in one year to check for compliance. Seconded by Councilmember Smith Ayes – All The motion passed. G2, Attachment 4 Packet Page Number 43 of 127 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Chris Swanson, Environmental and City Code Specialist DATE: July 14, 2017 SUBJECT: Approval of a Conditional Use Permit Review, Maple Hill Senior Living, 3030 Southlawn Drive Introduction The conditional use permit (CUP) for Maple Hill Senior Living is due for its annual review. This CUP is for a 115-unit senior housing facility at 3030 Southlawn Drive. Background On July 28, 2014, the city council approved the following land use requests for the Maple Hill Senior Living development project: 1. Conditional use permit 2. Parking reduction for fewer spaces 3. Unit-size reduction variance 4. Design approval On July 27, 2015, the city council reviewed the CUP and approved for one year. On August 22, 2016, the city council reviewed the CUP and approved for one year. Discussion The renovations of the exterior and interior portions of the building have been completed and occupancy of the building has been granted. In the past, there have been issues with establishing the vegetation to the north of the building – this is where a parking lot was removed. The applicant has received a grant from the Ramsey-Washington Watershed District for the planting work and the watershed is involved to ensure work is completed. The applicant has planted the former parking lot area and has installed the required ADA walkway on the south side of the road running through the property. Watershed staff recommends reducing the amount of irrigation and adding shrubs throughout the basin as there currently is pooling of water on the property. Staff will continue working with the applicant to ensure the replanted area is established over the next year. The city holds a sizable cash escrow to ensure this work is completed and the applicant is actively working with the city and the watershed to complete the remaining items. G3 Packet Page Number 44 of 127 Budget Impact None Recommendation Extend the approval of the conditional use permit for Maple Hill Senior Living and review again in one year. Attachment 1. Location Map 2. July 28, 2014 city council minutes G3 Packet Page Number 45 of 127 G3, Attachment 1 Packet Page Number 46 of 127 (i) The names and addresses of persons in charge of the event. (j) Employee lists. The following information for each technician employed or performing body art procedures at the event: (i) name; (ii) home address; (iii) home telephone number; (iv) date of birth; (v) copy of an identification photo; and (vi) copy of current license as required by MN Stats. Ch. 146B.03 or current guest artist license as required by MN Stats. Ch. 146B.04 (3) License verification and issuance. The police department is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. Within seven days of receipt of a complete application, the issuing authority shall grant or deny the application. An applicant who is denied a license by the issuing authority shall be granted a right to appeal to the city council. Sec. 14-1345. Penalty. A violation of this article shall be a misdemeanor and, upon conviction, shall be punishable in accordance with section 1-15. Secs. 14-1346—14-1370. Reserved. Seconded by Councilmember Abrams Ayes – All The motion passed. 2.Approval of the Following Requests for the Days Inn Conversion to Senior Housing at 3030 Southlawn Drive a.A Conditional Use Permit to Allow Multi-Family Housing in a Business Commercial District b.A Parking Reduction for Fewer Parking Spaces than Required c.A Unit-Size Reduction Variance d.Design Plans Senior Planner Ekstrand gave the staff report and answered questions of the council. City Attorney Kantrud gave additional information and answered additional questions. Fire Chief Lukin answered additional questions. Link Wilson with Kaas Wilson Architects addressed the council and gave a presentation on the proposed senior housing. Albert Miller, the developer of the project addressed the council and gave additional information and answered questions. The following people addressed the council: 1.Mark Bradley, Maplewood Resident 2.Bob Zick, North St. Paul Resident G3, Attachment 2 Packet Page Number 47 of 127 Councilmember Juenemann moved to approve: A. Approve a conditional use permit resolution to allow multi-family seniors housing in a BC zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1.All construction shall follow the site plan date-stamped June 2, 2014 approved by the city. Staff may approve minor changes. 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stalls to meet their needs, subject to staff approval. The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in heaters since there will not be any underground parking. 5.The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6.The applicant shall comply with the requirements of the city’s building official, assistant fire chief and health officer. 7.This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. 8.The applicant shall work with the city engineer/director of public works to provide a safe walkway across Southlawn Drive for their residents as described in the analysis by SEH dated July 21, 2014. This installation shall be paid for by the applicant. The applicant shall also provide the sidewalk and ADA compliant ramps as shown on the Public Works Director’s Suggested Pedestrian Way Additions detail dated July 18, 2014. 9.Before the applicant obtains a building permit, he shall sign an agreement with the city agreeing to pay an annual assessment of $1,000 per year for ten years to defray the cost of police calls to the facility. B. Approval of a parking waiver for fewer parking spaces than code requires, allowing 73 spaces. This proposal for 115 units of senior housing would require 230 parking spaces. The city finds that the proposed reduction to 73 parking spaces would be sufficient for this assisted-living and memory-care seniors housing facility since senior housing facilities do not require the amount of parking needed for typical multi- family housing needs. Should a parking shortage develop in the future, the applicant shall revise the plan to provide enough to meet their needs, subject to staff approval. C. Approval of a variance resolution to allow a living-unit size reduction. This variance G3, Attachment 2G3, Attachment 2 Packet Page Number 48 of 127 allows memory-care living units beginning at 312 square feet. Code requires a minimum of 580 square feet. This variance is based on the findings that: 1. Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards for such housing. 2.The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plan since the Plan encourages the city to provide life-cycle housing for its residents. 3.The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one-bedroom housing units are excessive for those with intensive-care or memory-care housing needs. D. Approval of the plans date-stamped June 2, 2014, for the Days Inn Hotel Conversion to senior housing. Approval is subject to the following conditions: 1.Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2.The applicant shall obtain a conditional use permit from the city council for the proposed housing facility in a BC (business commercial) zoning district. 3.The applicant shall complete the site improvements as proposed in the plans. This includes all landscaping, trash enclosure upgrades, retaining wall repair, building painting and parking lot and driveway changes and improvements. 4.After its removal, the old parking lot surface shall be restored to lawn and kept maintained and mowed. 5.The applicant shall comply with the conditions noted in the engineering report by Jon Jarosch dated June 4, 2014. 6.The applicant shall comply with all requirements of the city’s building official, assistant fire chief and health officer. 7.The applicant shall obtain approval of a parking waiver from the city council before beginning this project. 8.The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before getting a building permit. 9.The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents as described in the analysis by SEH dated July 21, 2014. This installation shall be paid for by the applicant. The applicant G3, Attachment 2G3, Attachment 2 Packet Page Number 49 of 127 shall also provide the sidewalk and ADA compliant ramps as shown on the Public Works Director’s Suggested Pedestrian Way Additions detail dated July 18, 2014. Resolution 14-7-1107 Conditional Use Permit WHEREAS, Albert Miller has applied for a conditional use permit to put a multi- housing seniors housing facility in a BC (business commercial) zoning district; WHEREAS, Section 44-512 (1) of the BC district requirements states that a conditional use permit may be granted for “all permitted uses in the R3 district.” WHEREAS, this permit applies to the property located at 3030 Southlawn Drive. The property identification number of this property is: 022922220010 WHEREAS, the history of this conditional use permit is as follows: 1.On June 17, 2014, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2.On July 28, 2014, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. G3, Attachment 2G3, Attachment 2 Packet Page Number 50 of 127 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1.All construction shall follow the site plan date-stamped June 2, 2014 approved by the city. Staff may approve minor changes. 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stalls to meet their needs, subject to staff approval. The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in heaters since there will not be any underground parking. 5.The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6.The applicant shall comply with the requirements of the city’s building official, assistant fire chief and health officer. 7.This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. 8.The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents. 9.All costs to the city associated with retrieving memory-care residents that “walk- away” from the proposed seniors residence shall be paid by the applicant. The Maplewood City Council approved this resolution on July 28, 2014. Resolution 14-7-1108 Variance Resolution WHEREAS, Albert Miller applied for a variance from the minimum unit size requirements for multi-family housing developments. Mr. Miller is requesting that the G3, Attachment 2G3, Attachment 2 Packet Page Number 51 of 127 minimum size of memory-care living units in his proposed senior housing facility start at 312 square feet in area; WHEARAS, city ordinance requires a minimum multi-family unit size of 580 square feet; WHEREAS, this variance applies to the property at 3030 Southlawn Drive. The property identification number for this property is: 022922220010 WHEREAS, the history of this variance is as follows: 1.The planning commission held a public hearing on June 17, 2014. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this variance. 2.On July 28, 2014 the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW , THEREFORE, BE IT RESOLVED that the city council approved the above- described variances since: 1. Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards for such housing. 2.The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plan since the Plan encourages the city to provide life-cycle housing for its residents. 3.The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one-bedroom housing units are excessive for those with intensive-care or memory-care housing needs. The Maplewood City Council approved this resolution on July 28, 2014. Seconded by Councilmember Abrams Ayes – Mayor Slawik, Council Member Abrams and Juenemann Nays – Council Member Cardinal and Koppen The motion passed. J. NEW BUSINESS G3, Attachment 2G3, Attachment 2 Packet Page Number 52 of 127 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Terrie Rameaux, Human Resource Coordinator DATE: July 17, 2017 SUBJECT: Approval of Resolution for 2017 Pay Rates for Temporary/Seasonal, and Casual Part-Time Employees Introduction/Background It is recommended that the attached resolution be adopted to replace the existing resolution establishing pay rates for temporary, seasonal, and casual part-time employees. This resolution, updated annually, provides a current competitive wage scale when hiring for these positions. There are three (3) changes recommended for your consideration. The first change is a general wage adjustment to the casual part-time Fire Department positions retroactive to January 1, 2017. The City’s past practice is to be consistent in providing the same general wage adjustments to the casual part-time Fire Department positions as it does to the City’s various collective bargaining groups. For 2017, four of the seven collective bargaining groups received a general wage adjustment of 2.5% on January 1, 2017. The remaining three groups have not yet settled. The second change reflects an adjustment in the salary range for the “background investigator” position. The range was increased to align with the external market and to attract more qualified candidates for the position. The third change, as a result of the YMCA taking over operations of the MCC last November, reflects the removal of two MCC positions which no longer exist, along with associated holiday pay for those positions. Budget Impact Each department has an approved 2017 budget for temporary/seasonal, casual part-time employees; therefore there is no supplementary budget impact. Recommendation It is recommended that the Council adopt the attached resolution to be effective retroactive to January 1, 2017. Attachment 1. Resolution Approving 2017 Pay Rates for Temporary/Seasonal and Casual P/T Employees G4 Packet Page Number 53 of 127 RESOLUTION WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time employees effective January 1, 2017 upon Council approval. Accountant $10.00-30.00 per hour Accounting Technician $9.00-22.00 per hour Administrative Assistant $9.00-23.00 per hour Background Investigator $25.00-40.00 per hour Building Inspector $14.00-35.00 per hour Building Attendant $9.00-15.00 per hour CSO $14.50-19.50 per hour Election Judge $9.00-12.00 per hour Election Judge - Assistant Chair $9.00-15.00 per hour Election Precinct Chair $9.00-16.00 per hour Engineering Aide $9.00-16.00 per hour Engineering Technician $10.00-16.00 per hour Fire Maintenance/Engineer ** $15.84 per hour Firefighter-in-Training (new hire) ** $11.32 per hour Firefighter/EMT ** $13.58 per hour Firefighter/Paramedic ** $14.71 per hour Firefighter/EMT Captain ** $15.84 per hour Firefighter/Paramedic Captain ** $16.98 per hour Battalion Chief ** $18.11 per hour Gardener $12.00-22.00 per hour Intern $9.00-20.00 per hour IT Technician $15.00-20.00 per hour Laborer $9.00-14.00 per hour Office Specialist $9.00-18.00 per hour Receptionist $9.00-16.00 per hour Recreation Instructor/Leader $9.00-32.00 per hour Recreation Official $9.00-30.00 per hour Recreation Worker $9.00-18.00 per hour Vehicle Technician $9.00-15.00 per hour Video Coordinator* $11.00-19.00 per hour Video Technician* $10.00-18.00 per hour * Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. ** Fire Department positions shall receive a $2 per hour differential for working the following holidays: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day. BE IT FURTHER RESOLVED, this resolution will supersede previous resolutions setting pay rates for these pay classifications; and, BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. G4, Attachment 1 Packet Page Number 54 of 127 G5 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: July 24, 2017 SUBJECT: Approval of Annual Maplewood Historical Society Appropriation Introduction On September 11, 2001, the City Council approved a motion to include a $2,000 appropriation to the Maplewood Historical Society in the city’s budget each year. For budget year 2017, the appropriation amount was increased to $5,000 for one year only. This is a request for authorization of the 2017 budgeted appropriation of $5,000. In 2014 the City Council requested that the Historical Society provide financial reports to the City each year. The 2016 annual financial report is attached. The $2,000 City appropriation for 2016 is reflected in the Donations Income line item and it was utilized for general operating expenses. Budget Impact The $5,000 payment has been incorporated into the 2017 Budget. Recommendation Council should approve the budgeted payment, in the amount of $5,000, to the Maplewood Area Historical Society for 2017. Attachments 1. 2016 Maplewood Historical Society Annual Financial Report Packet Page Number 55 of 127 G5, Attachment 1 Packet Page Number 56 of 127 G5, Attachment 1 Packet Page Number 57 of 127 G5, Attachment 1 Packet Page Number 58 of 127 G6 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Mike Funk, Assistant City Manager / HR Director DATE: July 21, 2017 SUBJECT: Approval of Travel for Mayor Slawik with Gateway Corridor Commission’s Gold Line Peer Region Trip Introduction The purpose of this agenda item is to approve out-of -state travel costs for Mayor Slawik with the Gateway Corridor Commission’s DC Fly-In trip. Background Trip Overview: The trip will be Wednesday, September 6 and Thursday, September 7. The purpose of the trip is for the delegation to meet with the Federal Transit Administration. Trip Itinerary September 6th: Mid-day arrival Pre-Meeting Strategy session Afternoon delegation meeting(s) Dinner September 7th: AM Pre-Meeting Strategy session Delegation meetings PM departure Discussion Per the City of Maplewood Rules of Procedure for City Council and Council Meetings, the City of Maplewood recognizes that its elected official may at times receive value from traveling out of the state for workshops, conferences, events and other assignments. The event, workshop, conference or assignment must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the out-of-state travel request, the Council will consider the following: • Whether the elected official will be receiving training on issues relevant to the city or to his or her role as the Mayor or as a councilmember; Packet Page Number 59 of 127 G6 • Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. • Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full council. The City may make payments in advance for airfare, lodging and registration if specifically approved by the council. Otherwise all payments will be made as reimbursements to the elected official. The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the city’s policy for out-of-state travel by city employees. Budget Impact There will be a $750 per person stipend provided to help cover travel costs. Attendees will be reimbursed after receipts from the trip are submitted. The initial assessment is that the trip will cost roughly $700 per attendee. If there is any cost to the City, it will be minimal. Recommendation Staff recommends a motion to approve out-of-state travel for Mayor Slawik with Gateway Corridor Commission’s DC Fly-In Trip. Attachments None. Packet Page Number 60 of 127 J1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: July 24, 2017 SUBJECT: Consider Approval of Master Tax-Exempt Lease/Purchase Agreement for Ambulance Introduction Minnesota Statutes §465.71 authorizes cities to purchase equipment through an installment plan, also known as a capital lease. U.S. Bank has a government leasing and finance program that meets the statutory requirements and has attractive rates. The Fire Department received approval to purchase a new ambulance on an emergency basis at the last Council meeting. The old ambulance was scheduled for replacement in the CIP for 2018; however, it broke down and requires major repairs. A capital lease will not impact the City’s bonded debt level, but does apply to the City’s bank qualification (BQ) limit, which allows municipalities to issue tax-exempt debt. The City has $2,127,012 left in BQ limit for 2017. We are requesting that Council approve the application for equipment lease financing from U.S. Bank to fund the purchase of the ambulance equipment described below, in the amount of $227,746. Background The ambulance will be purchased through a joint purchasing collaborative that meets the competitive bidding requirements. The leasing program is more cost-effective than bonding and will not impact the city’s bonded debt level. The quoted rate for a 5-year financing plan with the U.S. Bank Government Lease Finance Program for this purchase is 2.184%. Below is a comparison of the same equipment purchase based on quoted commercial lease rates, the U.S. Bank Government Lease Finance Program, and financing costs of general obligation bonds (based on the City’s latest sale): Financing costs for 5-year term Amount Financed Commercial Lease U.S. Bank Lease Bonded Debt $227,746 $13,662 $9,946 $11,414 Recommendation It is recommended that the City Council approve the attached Master Tax-Exempt Lease/Purchase Agreement for financing the new ambulance through the U.S. Bank Government Lease and Finance Program. Attachments 1.Master Tax-Exempt Lease/Purchase Agreement Packet Page Number 61 of 127 DOCUMENT CHECKLIST PLEASE EXECUTE TWO (2)ORIGINALS OF ALL DOCUMENTS **NO FRONT AND BACK COPIES, PLEASE** RETURN ALL ORIGINALS TO: U.S.BANCORP GOVERNMENT LEASING AND FINANCE,INC. LISA ALBRECHT 950 17TH STREET,7TH FLOOR DENVER, CO 80202 303-585-4077 ¾Addendum/Amendment to Master Tax-Exempt Lease Purchase Agreement – This document must be executed in the presence of a witness/attestor. The attesting witness does not have to be a notary, just present at the time of execution. ¾Property Schedule No. 3 - This document must be executed in the presence of a witness/attestor. The attesting witness does not have to be a notary, just present at the time of execution. ¾Property Description and Payment Schedule – Exhibit 1 ¾Lessee’s Counsel’s Opinion – Exhibit 2. This exhibit will need to be executed by your attorney, dated (the date of the opinion should match or proceed the date of the Agreement) and placed on their letterhead. Your attorney will likely want to review the agreement prior to executing this opinion. ¾Lessee’s General and Incumbency Certificate – Exhibit 3. - Include in your return package a copy of the board minutes or resolution for our files ¾Payment of Proceeds Instructions – Exhibit 4. – Intentionally Omitted ¾Acceptance Certificate – Exhibit 5. – Intentionally Omitted ¾Bank Qualification and Arbitrage Rebate – Exhibit 6. ¾Insurance Authorization and Verification – To be filled out by the Lessee and sent to your insurance carrier. A valid insurance certificate, or self-insurance letter if the Lessee self-insures, is required prior to funding. ¾Notification of Tax Treatment ¾Form 8038-G – Blank form and instructions provided to Lessee. Please consult your CPA, local legal or bond counsel to fill out. ¾Vehicle Titling Memo ¾Escrow Agreement – This document needs to be executed by the Executing Official defined in the Lessee’s Certificate – Exhibit 3. o Investment Direction Letter – Exhibit 1.This document needs to be executed by the Executing Official. o Schedule of Fees – Exhibit 2. o Requisition Request – Exhibit 3.This document should be retained by Lessee and utilized to request disbursements from the escrow account. Please make copies and fill out as many as are needed. o Final Acceptance Certificate - Exhibit 4. This document should be retained by Lessee and provided to Lessor once all the proceeds have been disbursed from the escrow account. o Class Action Negative Consent Letter – Exhibit 6. o IRS Form W-9.This document should be retained by Lessee and submitted with the Requisition Request(s) for each vendor being paid. Please make copies and fill out as many as are needed. ¾Invoice for First Payment -The first payment must be received for funding to occur. J1, Attachment 1 Packet Page Number 62 of 127 ADDENDUM (MINNESOTA) Master Tax-Exempt Lease/Purchase Agreement THIS ADDENDUM, which is entered into as of July 31, 2017 between U.S. Bancorp Government Leasing and Finance, Inc. (“Lessor”) and City of Maplewood ("Lessee"), is intended to modify and supplement Property Schedule No. 3 (the “Property Schedule”) to the Master Tax- Exempt Lease/Purchase Agreement between Lessor and Lessee of even date herewith (the “Master Agreement”). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Master Agreement. Notwithstanding anything to the contrary set forth in the Master Agreement, title to the Property subject to each Property Schedule shall remain in Lessor during the Lease Term for each such Property Schedule, subject to Lessee’s rights under the Master Agreement. IN WITNESS WHEREOF, Lessor and Lessee have caused this Addendum to be executed in their names by their duly authorized representatives as of the date first above written. Lessor: U.S. Bancorp Government Leasing and Finance, Inc. Lessee: City of Maplewood By:By: Name:Name: Nora Slawik Title:Title: Mayor Attest: By Name: Melinda Coleman Title: City Manager J1, Attachment 1 Packet Page Number 63 of 127 Property Schedule No. 3 Master Tax-Exempt Lease/Purchase Agreement This Property Schedule No. 3 is entered into as of the Commencement Date set forth below, pursuant to that certain Master Tax-Exempt Lease/Purchase Agreement (the “Master Agreement”), dated as of October 14, 2016, between U.S. Bancorp Government Leasing and Finance, Inc., and City of Maplewood. 1.Interpretation. The terms and conditions of the Master Agreement are incorporated herein by reference as if fully set forth herein. Reference is made to the Master Agreement for all representations, covenants and warranties made by Lessee in the execution of this Property Schedule, unless specifically set forth herein. In the event of a conflict between the provisions of the Master Agreement and the provisions of this Property Schedule, the provisions of this Property Schedule shall control. All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement. 2.Commencement Date. The Commencement Date for this Property Schedule is July 31, 2017. 3.Property Description and Payment Schedule. The Property subject to this Property Schedule is described in Exhibit 1 hereto. Lessee shall not remove such property from the locations set forth therein without giving prior written notice to Lessor. The Lease Payment Schedule for this Property Schedule is set forth in Exhibit 1. 4.Opinion. The Opinion of Lessee's Counsel is attached as Exhibit 2. 5.Lessee's Certificate. The Lessee's Certificate is attached as Exhibit 3. 6.Proceeds. Exhibit 4 has been intentionally omitted. 7.Acceptance Certificate. Exhibit 5 has been intentionally omitted. 8.Additional Purchase Option Provisions. In addition to the Purchase Option provisions set forth in the Master Agreement, Lease Payments payable under this Property Schedule shall be subject to prepayment in whole at any time by payment of the applicable Termination Amount set forth in Exhibit 1 (Payment Schedule) and payment of all accrued and unpaid interest through the date of prepayment. 9.Private Activity Issue. Lessee understands that among other things, in order to maintain the exclusion of the interest component of Lease Payments from gross income for federal income tax purposes, it must limit and restrict the rights private businesses (including, for this purpose, the federal government and its agencies and organizations described in the Code § 501(c)(3)) have to use the Property. Each of these requirements will be applied beginning on the later of the Commencement Date or date each portion of the Property is placed in service and will continue to apply until earlier of the end of the economic useful life of the Property or the date the Agreement or any tax-exempt obligation issued to refund the Property Schedule is retired (the “Measurement Period”). Lessee will comply with the requirements of Section 141 of the Code and the regulations thereunder which provide restrictions on special legal rights that users other than Lessee or a state or local government or an agency or instrumentality of a state or a local government (an “Eligible User”) may have to use the Property. For this purpose, special legal rights may arise from a management or service agreement, lease, research agreement or other arrangement providing any entity except an Eligible User the right to use the Property. Any use of the Property by a user other than an Eligible User is referred to herein as “Non-Qualified Use”. Throughout the Measurement Period, all of the Property is expected to be owned by Lessee. Throughout the Measurement Period, Lessee will not permit the Non-Qualified Use of the Property to exceed 10%. 10.Bank Qualification and Arbitrage Rebate. Attached as Exhibit 6. 11.Expiration. Lessor, at its sole determination, may choose not to accept this Property Schedule if the fully executed, original Master Agreement (including this Property Schedule and all ancillary documents) is not received by Lessor at its place of business by September 07, 2017. IN WITNESS WHEREOF, Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized representatives as of the Commencement Date above. Lessor: U.S. Bancorp Government Leasing and Finance, Inc. Lessee: City of Maplewood By:By: Name:Name: Nora Slawik Title:Title: Mayor Attest: By Name: Melinda Coleman Title: City Manager J1, Attachment 1 Packet Page Number 64 of 127 EXHIBIT 1 Property Description and Payment Schedule Re:Property Schedule No. 3 to Master Tax-Exempt Lease/Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and City of Maplewood. PROPERTY IS AS FOLLOWS: The Property as more fully described in Exhibit A incorporated herein by reference and attached hereto. PROPERTY LOCATION: Address City, State Zip Code USE: Ambulance- This use is essential to the proper, efficient and economic functioning of Lessee or to the services that Lessee provides; and Lessee has immediate need for and expects to make immediate use of substantially all of the Property, which need is not temporary or expected to diminish in the foreseeable future. Lease Payment Schedule Total Principal Amount:$227,746.00 Payment No. Due Date Lease Payment Principal Portion Interest Portion Termination Amount (After Making Payment for said Due Date) 1 31-Jul-2017 47,538.32 47,538.32 0.00 NA 2 31-Jul-2018 47,538.32 43,602.59 3,935.73 NA 3 31-Jul-2019 47,538.32 44,554.87 2,983.45 94,811.73 4 31-Jul-2020 47,538.32 45,527.95 2,010.37 47,917.94 5 31-Jul-2021 47,538.32 46,522.27 1,016.05 0.00 TOTALS 237,691.60 227,746.00 9,945.60 Interest Rate:2.184% Lessee: City of Maplewood Lessee: City of Maplewood By:By: Name: Melinda Coleman Name: Nora Slawik Title: City Manager Title: Mayor J1, Attachment 1 Packet Page Number 65 of 127 EXHIBIT A Property Description Ambulance VIN# to be determined J1, Attachment 1 Packet Page Number 66 of 127 EXHIBIT 2 Lessee's Counsel's Opinion [To be provided on letterhead of Lessee's counsel.] July 31, 2017 U.S. Bancorp Government Leasing and Finance, Inc. 13010 SW 68th Parkway, Suite 100 Portland, OR 97223 City of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 Attention: Ellen Paulseth, Finance Director RE: Property Schedule No. 3 to Master Tax-Exempt Lease/Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and City of Maplewood. Ladies and Gentlemen: We have acted as special counsel to City of Maplewood ("Lessee"), in connection with the Master Tax-Exempt Lease/Purchase Agreement, dated as of October 14, 2016 (the "Master Agreement"), between City of Maplewood, as lessee, and U.S. Bancorp Government Leasing and Finance, Inc. as lessor (“Lessor”), and the execution of Property Schedule No. 3 (the "Property Schedule") pursuant to the Master Agreement. We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion. All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement and Property Schedule. As to questions of fact material to our opinion, we have relied upon the representations of Lessee in the Master Agreement and the Property Schedule and in the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion that, under existing law: 1. Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) the police power. 2. Lessee has all requisite power and authority to enter into the Master Agreement and the Property Schedule and to perform its obligations thereunder. 3. The execution, delivery and performance of the Master Agreement and the Property Schedule by Lessee has been duly authorized by all necessary action on the part of Lessee. 4. All proceedings of Lessee and its governing body relating to the authorization and approval of the Master Agreement and the Property Schedule, the execution thereof and the transactions contemplated thereby have been conducted in accordance with all applicable open meeting laws and all other applicable state and federal laws. 5. Lessee has acquired or has arranged for the acquisition of the Property subject to the Property Schedule, and has entered into the Master Agreement and the Property Schedule, in compliance with all applicable public bidding laws. 6. Lessee has obtained all consents and approvals of other governmental authorities or agencies which may be required for the execution, delivery and performance by Lessee of the Master Agreement and the Property Schedule. J1, Attachment 1 Packet Page Number 67 of 127 7. The Master Agreement and the Property Schedule have been duly executed and delivered by Lessee and constitute legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with the terms thereof, except insofar as the enforcement thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other laws of equitable principles of general application, or of application to municipalities or political subdivisions such as the Lessee, affecting remedies or creditors' rights generally, and to the exercise of judicial discretion in appropriate cases. 8. As of the date hereof, based on such inquiry and investigation as we have deemed sufficient, no litigation is pending, (or, to our knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. This opinion may be relied upon by Lessor, its successors and assigns, and any other legal counsel who provides an opinion with respect to the Property Schedule. Very truly yours, By: Dated: J1, Attachment 1 Packet Page Number 68 of 127 EXHIBIT 3 Lessee's General and Incumbency Certificate GENERAL CERTIFICATE Re:Property Schedule No. 3 to Master Tax-Exempt Lease Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and City of Maplewood. The undersigned, being the duly elected, qualified and acting Mayor and City Manager of City of Maplewood (“Lessee”) does hereby certify, as of July 31, 2017, as follows: 1.Lessee did, at a meeting of the governing body of the Lessee, by resolution or ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execution and delivery of the above-referenced Property Schedule (the "Property Schedule") and the Master Tax-Exempt Lease Purchase Agreement (the “Master Agreement”) by the undersigned. 2.The meeting(s) of the governing body of the Lessee at which the Master Agreement and the Property Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, and the enactment approving the Master Agreement and the Property Schedule and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of Lessee relating to the authorization and delivery of Master Agreement and the Property Schedule have been: (a) held within the geographic boundaries of the Lessee; (b) open to the public, allowing all people to attend; (c) conducted in accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the Lessee, if any, and the laws of the State. 3.No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or a Nonappropriation Event (as such terms are defined in the Master Agreement) exists at the date hereof with respect to this Property Schedule or any other Property Schedules under the Master Agreement. 4.The acquisition of all of the Property under the Property Schedule has been duly authorized by the governing body of Lessee. 5.Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Lease Payments scheduled to come due during the current budget year under the Property Schedule and to meet its other obligations for the current budget year and such funds have not been expended for other purposes. 6.As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. IN WITNESS WHEREOF, the undersigned has executed this Certificate as of July 31, 2017 Lessee: City of Maplewood Lessee: City of Maplewood By:By: Name: Melinda Coleman Name: Nora Slawik Title: City Manager Title: Mayor J1, Attachment 1 Packet Page Number 69 of 127 INCUMBENCY CERTIFICATE Re:Property Schedule No. 3 dated as of July 31, 2017 to the Master Tax-Exempt Lease/Purchase Agreement dated as of October 14, 2016 between U.S. Bancorp Government Leasing and Finance, Inc. and City of Maplewood. The undersigned, being the duly elected, qualified and acting Secretary or Clerk of City of Maplewood (“Lessee”) does hereby certify, as of July 31, 2017, as follows: As of the date of the meeting(s) of the governing body of the Lessee at which the above-referenced Master Agreement and the Property Schedule were approved and authorized to be executed, and as of the date hereof, the below-named representative of the Lessee held and holds the office set forth below, and the signature set forth below is his/her true and correct signature. Nora Slawik, Mayor (Signature of Person to Execute Lease/Purchase Agreement)(Print Name and Title) Melinda Coleman, City Manager (Signature of Person to Execute Lease/Purchase Agreement)(Print Name and Title) IN WITNESS WHEREOF, the undersigned has executed this Certificate as of July 31, 2017 City of Maplewood By: Print Name: Andrea Sindt Print Title: City Clerk SIGNER MUST NOT BE THE SAME AS THE EXECUTING OFFICIAL SHOWN ABOVE. J1, Attachment 1 Packet Page Number 70 of 127 EXHIBIT 4 Payment of Proceeds Instructions Intentionally Omitted J1, Attachment 1 Packet Page Number 71 of 127 EXHIBIT 5 Acceptance Certificate Intentionally Omitted J1, Attachment 1 Packet Page Number 72 of 127 EXHIBIT 6 Bank Qualification And Arbitrage Rebate U.S. Bancorp Government Leasing and Finance, Inc. 13010 SW 68th Parkway, Suite 100 Portland, OR 97223 Re:Property Schedule No. 3 to Master Tax-Exempt Lease/Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and City of Maplewood Bank Qualified Tax-Exempt Obligation under Section 265 Check One: __X___ Lessee hereby designates this Property Schedule as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B) of the Code. Lessee reasonably anticipates issuing tax-exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds and including all tax-exempt obligations of subordinate entities of the Lessee) during the calendar year in which the Commencement Date of this Property Schedule falls, in an amount not exceeding $10,000,000. or _____ Not applicable. Arbitrage Rebate Eighteen Month Exception: Pursuant to Treasury Regulations Section 1.148-7(d), the gross proceeds of this Property Schedule will be expended for the governmental purposes for which this Property Schedule was entered into, as follows: at least 15% within six months after the Commencement Date, at least 60% within 12 months after the Commencement Date, and 100% within 18 months after the Commencement Date. If Lessee is unable to comply with Section 1.148-7(d) of the Treasury Regulations, Lessee shall compute rebatable arbitrage on this Agreement and pay rebatable arbitrage to the United States at least once every five years, and within 60 days after payment of the final Lease Payment due under this Agreement. Consult tax counsel if there is any chance that the Eighteen Month Exception will not be met. Lessee: City of Maplewood By: Name: Nora Slawik Title: Mayor J1, Attachment 1 Packet Page Number 73 of 127 Language for UCC Financing Statements Property Schedule No. 3 SECURED PARTY: U.S. Bancorp Government Leasing and Finance, Inc. DEBTOR: City of Maplewood This financing statement covers all of Debtor's right, title and interest, whether now owned or hereafter acquired, in and to the equipment leased to Debtor under Property Schedule No. 3 dated July 31, 2017 to that certain Master Tax-Exempt Lease/Purchase Agreement dated as of October 14, 2016, in each case between Debtor, as Lessee, and Secured Party, as Lessor, together with all accessions, substitutions and replacements thereto and therefore, and proceeds (cash and non- cash), including, without limitation, insurance proceeds, thereof, including without limiting, all equipment described on Exhibit A attached hereto and made a part hereof. Debtor has no right to dispose of the equipment. J1, Attachment 1 Packet Page Number 74 of 127 INSURANCE AUTHORIZATION AND VERIFICATION Date: July 31, 2017 Property Schedule No: 3 To: City of Maplewood (the “Lessee”) From: U.S. Bancorp Government Leasing and Finance, Inc. (the “Lessor”) 1310 Madrid Street Marshall, MN 56258 Attn: Lisa Albrecht TO THE LESSEE:In connection with the above-referenced Property Schedule, Lessor requires proof in the form of this document, executed by both Lessee* and Lessee’s agent, that Lessee's insurable interest in the financed property (the “Property”) meets Lessor’s requirements as follows, with coverage including, but not limited to, fire, extended coverage, vandalism, and theft: LESSOR, AND ITS SUCCESSORS AND ASSIGNS, shall be covered as both ADDITIONAL INSURED and LENDER'S LOSS PAYEE with regard to all equipment financed or leased by policy holder through or from Lessor. All such insurance shall contain a provision to the effect that such insurance shall not be canceled or modified without first giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or modification. Lessee must carry GENERAL LIABILITY (and/or, for vehicles, Automobile Liability) in the amount of no less than $1,000,000.00 (one million dollars). Lessee must carry PROPERTY Insurance (or, for vehicles, Physical Damage Insurance) in an amount no less than the 'Insurable Value' $227,746.00, with deductibles no more than $10,000.00. *Lessee: Please execute this form and return with your document package. Lessor will fax this form to your insurance agency for endorsement. In lieu of agent endorsement, Lessee’s agency may submit insurance certificates demonstrating compliance with all requirements. Should you have any questions, please contact Lisa Albrecht at 303-585-4077. By signing, Lessee authorizes the Agent named below: 1) to complete and return this form as indicated; and 2) to endorse the policy and subsequent renewals to reflect the required coverage as outlined above. Agency/Agent: Address: Phone/Fax: E-Mail _____________________/____________________ __________________________________________ __________________________________________ _____________________/____________________ __________________________________________ City of Maplewood By: _______________________________ Print Name:_________________________ Title: ______________________________ TO THE AGENT:In lieu of providing a certificate, please execute this form in the space below and promptly fax it to Lessor at 303-585-4931. This fully endorsed form shall serve as proof that Lessee's insurance meets the above requirements. Agent hereby verifies that the above requirements have been met in regard to the Property listed below. Print Name Of Agency: X_____________________________________ By: X____________________________________ (Agent's Signature) Print Name:X______________________________ Date: X__________________________________ Insurable Value: $227,746.00 ATTACHED: PROPERTY DESCRIPTION FOR PROPERTY SCHEDULE NO.:3 J1, Attachment 1 Packet Page Number 75 of 127 Notification of Tax Treatment to Tax-Exempt Lease/Purchase Agreement This Notification of Tax Treatment is pursuant to the Master Tax-Exempt Lease/Purchase Agreement dated as of October 14, 2016 and the related Property Schedule No. 3 dated July 31, 2017, between Lessor and Lessee (the "Agreement"). _______ Lessee agrees that this Property Schedule SHOULD be subject to sales/use taxes __X____ Lessee agrees that this Property Schedule should NOT be subject to sales/use taxes and Lessee has previously included their-exemption certificate _______ Lessee agrees that this Property Schedule should NOT be subject to sales/use taxes and no tax- exemption certificate is issued to us by the State _______ Lessee agrees that this Property Schedule is a taxable transaction and subject to any/all taxes _______ Lessee agrees that this Property Schedule is subject to sales/use taxes and will pay those taxes directly to the State or Vendor IN WITNESS WHEREOF, Lessee has caused this Notification of Tax Treatment to be executed by their duly authorized representative. Lessee: City of Maplewood By: Name: Nora Slawik Title: Mayor J1, Attachment 1 Packet Page Number 76 of 127 Department of the Treasury Internal Revenue ServiceInstructions for Form 8038-G (Rev. September 2011) Information Return for Tax-Exempt Governmental Obligations indenture or other bond documents. SeeSection references are to the Internal Rounding to Whole Dollars Where To File next.Revenue Code unless otherwise noted.You may show amounts on this return as whole dollars. To do so, drop amountsGeneral Instructions Where To File less than 50 cents and increase amounts from 50 cents through 99 cents to theFile Form 8038-G, and any attachments,Purpose of Form next higher dollar.with the Department of the Treasury,Form 8038-G is used by issuers of Internal Revenue Service Center, Ogden,Questions on Filing Formtax-exempt governmental obligations to UT 84201.provide the IRS with the information 8038-G required by section 149(e) and to monitor Private delivery services.You can use For specific questions on how to file Formthe requirements of sections 141 through certain private delivery services 8038-G send an email to the IRS at150.designated by the IRS to meet the “timely TaxExemptBondQuestions@irs.gov mailing as timely filing/paying” rule for tax and put “Form 8038-G Question” in theWho Must File returns and payments. These private subject line. In the email include a delivery services include only the description of your question, a returnIF the issue price THEN, for tax-exempt following:email address, the name of a contact(line 21, column (b)) governmental •DHL Express (DHL): DHL Same Day person, and a telephone number.is...obligations issued Service.after December 31,Definitions•Federal Express (FedEx): FedEx1986, issuers must Priority Overnight, FedEx Standard Tax-exempt obligation.This is anyfile...Overnight, FedEx 2Day, FedEx obligation, including a bond, installment International Priority, and FedEx$100,000 or more A separate Form purchase agreement, or financial lease, 8038-G for each issue International First.on which the interest is excluded from•United Parcel Service (UPS): UPS Next income under section 103.Less than $100,000 Form 8038-GC,Day Air, UPS Next Day Air Saver, UPSInformation Return for Tax-exempt governmental obligation.2nd Day Air, UPS 2nd Day Air A.M., UPSSmall Tax-Exempt A tax-exempt obligation that is not aWorldwide Express Plus, and UPSGovernmental Bond private activity bond (see below) is aWorldwide Express.Issues, Leases, and tax-exempt governmental obligation. ThisThe private delivery service can tellInstallment Sales includes a bond issued by a qualifiedyou how to get written proof of the mailing volunteer fire department under sectiondate.150(e).For all build America bonds and Private activity bond.This includes anrecovery zone economic Other Forms That May Be obligation issued as part of an issue indevelopment bonds use FormCAUTION ! Required which:8038-B, Information Return for Build For rebating arbitrage (or paying a •More than 10% of the proceeds are toAmerica Bonds and Recovery Zone penalty in lieu of arbitrage rebate) to the be used for any private activity businessEconomic Development Bonds. For tax Federal government, use Form 8038-T,use, andcredit bonds and specified tax credit Arbitrage Rebate, Yield Reduction and •More than 10% of the payment ofbonds use Form 8038-TC, Information Penalty in Lieu of Arbitrage Rebate.principal or interest of the issue is eitherReturn for Tax Credit Bonds and (a)secured by an interest in property toSpecified Tax Credit Bonds.For private activity bonds, use Form be used for a private business use (or 8038, Information Return for Tax-ExemptWhen To File payments for such property) or (b) to be Private Activity Bond Issues.derived from payments for property (orFile Form 8038-G on or before the 15th borrowed money) used for a privateday of the 2nd calendar month after the For build America bonds (Direct Pay),business use.close of the calendar quarter in which the build America bonds (Tax Credit), andbond is issued. Form 8038-G may not be It also includes a bond, the proceedsrecovery zone economic developmentfiled before the issue date and must be of which (a) are to be used directly orbonds, complete Form 8038-B,completed based on the facts as of the indirectly to make or finance loans (otherInformation Return for Build Americaissue date.than loans described in section 141(c)(2))Bonds and Recovery Zone Economic to persons other than governmental unitsLate filing.An issuer may be granted an Development Bonds.and (b) exceeds the lesser of 5% of theextension of time to file Form 8038-G proceeds or $5 million.under Section 3 of Rev. Proc. 2002-48, For qualified forestry conservation 2002-37 I.R.B. 531, if it is determined that bonds, new clean renewable energy Issue price.The issue price of the failure to file timely is not due to willful bonds, qualified energy conservation obligations is generally determined under neglect. Type or print at the top of the bonds, qualified zone academy bonds, Regulations section 1.148-1(b). Thus, form “Request for Relief under section 3 qualified school construction bonds, clean when issued for cash, the issue price is of Rev. Proc. 2002-48” and attach a letter renewable energy bonds, Midwestern tax the first price at which a substantial explaining why Form 8038-G was not credit bonds, and all other qualified tax amount of the obligations are sold to the submitted to the IRS on time. Also credit bonds (except build America public. To determine the issue price of an indicate whether the bond issue in bonds), file Form 8038-TC, Information obligation issued for property, see question is under examination by the IRS. Return for Tax Credit Bonds and sections 1273 and 1274 and the related Do not submit copies of the trust Specified Tax Credit Bonds. regulations. Cat. No. 63774DSep 20, 2011 J1, Attachment 1 Packet Page Number 77 of 127 Issue.Generally, obligations are treated return for the same date of issue. If you exchanges the bonds that are part of the as part of the same issue if they are are filing to correct errors or change a issue for the underwriter’s (or other issued by the same issuer, on the same previously filed return, check the purchaser’s) funds. For a lease or date, and in a single transaction, or a Amended Return box in the heading of installment sale, enter the date interest series of related transactions. However, the form. starts to accrue in a MM/DD/YYYY obligations issued during the same format.The amended return must provide allcalendar year (a) under a loan agreement the information reported on the original Line 8.If there is no name of the issue,under which amounts are to be advanced return, in addition to the new or corrected please provide other identification of theperiodically (a “draw-down loan”) or (b)information. Attach an explanation of the issue.with a term not exceeding 270 days, may reason for the amended return and writebe treated as part of the same issue if the Line 9.Enter the CUSIP (Committee onacross the top, “Amended Returnobligations are equally and ratably Uniform Securities IdentificationExplanation.” Failure to attach ansecured under a single indenture or loan Procedures) number of the bond with theexplanation may result in a delay inagreement and are issued under a latest maturity. If the issue does not haveprocessing the form.common financing arrangement (for a CUSIP number, write “None.”Line 1.The issuer’s name is the name ofexample, under the same official the entity issuing the obligations, not the Line 10a.Enter the name and title of thestatement periodically updated to reflect name of the entity receiving the benefit of officer or other employee of the issuerchanging factual circumstances). Also, for the financing. For a lease or installment whom the IRS may call for moreobligations issued under a draw-down sale, the issuer is the lessee or the information. If the issuer wishes toloan that meet the requirements of the purchaser.designate a person other than an officerpreceding sentence, obligations issued or other employee of the issuer (includingduring different calendar years may be Line 2.An issuer that does not have an a legal representative or paid preparer)treated as part of the same issue if all of employer identification number (EIN)whom the IRS may call for morethe amounts to be advanced under the should apply for one on Form SS-4,information about the return, enter thedraw-down loan are reasonably expected Application for Employer Identification name, title, and telephone number ofto be advanced within 3 years of the date Number. You can get this form on the IRS such person on lines 3a and 3b.of issue of the first obligation. Likewise,website at IRS.gov or by calling obligations (other than private activity 1-800-TAX-FORM (1-800-829-3676). You Complete lines 10a and 10b evenbonds) issued under a single agreement may receive an EIN by telephone by if you complete lines 3a and 3b.that is in the form of a lease or installment following the instructions for Form SS-4. CAUTION ! sale may be treated as part of the same Line 3a.If the issuer wishes to authorizeissue if all of the property covered by that a person other than an officer or other Part II—Type of Issueagreement is reasonably expected to be employee of the issuer (including a legaldelivered within 3 years of the date of representative or paid preparer) to Elections referred to in Part II areissue of the first obligation.communicate with the IRS and whom the made on the original bondArbitrage rebate.Generally, interest on IRS may contact about this return documents, not on this form.CAUTION ! a state or local bond is not tax-exempt (including in writing or by telephone), unless the issuer of the bond rebates to enter the name of such person here. The Identify the type of obligations issued the United States arbitrage profits earned person listed in line 3a must be an by entering the corresponding issue price from investing proceeds of the bond in individual. Do not enter the name and title (see Issue price under Definitions earlier). higher yielding nonpurpose investments.of an officer or other employee of the Attach a schedule listing names and EINs See section 148(f).issuer here (use line 10a for that of organizations that are to use proceeds purpose).of these obligations, if different from thoseConstruction issue.This is an issue of of the issuer, include a brief summary oftax-exempt bonds that meets both of the Note.By authorizing a person other than the use and indicate whether or not suchfollowing conditions:an authorized officer or other employee of user is a governmental orthe issuer to communicate with the IRS1. At least 75% of the available nongovernmental entity.and whom the IRS may contact about thisconstruction proceeds are to be used for return, the issuer authorizes the IRS toconstruction expenditures with respect to Line 18.Enter a description of the issuecommunicate directly with the individualproperty to be owned by a governmental in the space provided.entered on line 3a and consents tounit or a section 501(c)(3) organization, Line 19.If the obligations are short-termdisclose the issuer’s return information toand tax anticipation notes or warrants (TANs)that individual, as necessary, to process2. All the bonds that are part of the or short-term revenue anticipation notesthis return.issue are qualified 501(c)(3) bonds, or warrants (RANs), check box 19a. If thebonds that are not private activity bonds,Lines 4 and 6.If you listed an individual obligations are short-term bondor private activity bonds issued to finance on line 3a to communicate with the IRS anticipation notes (BANs), issued with theproperty to be owned by a governmental and whom the IRS may contact about this expectation that they will be refunded withunit or a section 501(c)(3) organization.return, enter the number and street (or the proceeds of long-term bonds at someP.O. box if mail is not delivered to street future date, check box 19b. Do not checkIn lieu of rebating any arbitrage that address), city, town, or post office, state,both boxes.may be owed to the United States, the and ZIP code of that person. Otherwise,issuer of a construction issue may make enter the issuer’s number and street (or Line 20.Check this box if property otheran irrevocable election to pay a penalty.P.O. box if mail is not delivered to street than cash is exchanged for the obligation,The penalty is equal to 11/2% of the address), city, town, or post office, state,for example, acquiring a police car, a fireamount of construction proceeds that do and ZIP code.truck, or telephone equipment through anot meet certain spending requirements.series of monthly payments. (This type ofNote.The address entered on lines 4See section 148(f)(4)(C) and the obligation is sometimes referred to as aand 6 is the address the IRS will use forInstructions for Form 8038-T.“municipal lease.”) Also check this box ifall written communications regarding the real property is directly acquired inprocessing of this return, including anySpecific Instructions exchange for an obligation to makenotices. periodic payments of interest andPart I—Reporting Authority Line 5.This line is for IRS use only. Do principal. Do not check this box if thenot make any entries in this box.Amended return.An issuer may file an proceeds of the obligation are received in amended return to change or add to the Line 7.The date of issue is generally the the form of cash, even if the term “lease” information reported on a previously filed date on which the issuer physically is used in the title of the issue. -2- J1, Attachment 1 Packet Page Number 78 of 127 principal, interest, or call premium on any the conditions of the private businessPart III—Description of other issue of bonds after 90 days of the tests or the private loan financing test toObligationsdate of issue, including proceeds that will be met, then such issue is also an issue Line 21.For column (a), the final be used to fund an escrow account for of private activity bonds. Regulations maturity date is the last date the issuer this purpose. section 1.141-2(d)(3) defines a deliberate must redeem the entire issue.action as any action taken by the issuerPart V—Description of that is within its control regardless ofFor column (b), see Issue price under Refunded Bonds whether there is intent to violate suchDefinitions earlier. Complete this part only if the bonds are to tests. Regulations section 1.141-12For column (c), the stated redemption be used to refund a prior issue of explains the conditions to taking remedialprice at maturity of the entire issue is the tax-exempt bonds. For a lease or action that prevent an action that causessum of the stated redemption prices at installment sale, write “N/A” in the space an issue to meet the private businessmaturity of each bond issued as part of to the right of the title for Part V.tests or private loan financing test fromthe issue. For a lease or installment sale,being treated as a deliberate action.Lines 31 and 32.The remainingwrite “N/A” in column (c).Check the box if the issuer hasweighted average maturity is determinedFor column (d), the weighted average established written procedures to ensurewithout regard to the refunding. Thematurity is the sum of the products of the timely remedial action for all nonqualifiedweighted average maturity is determinedissue price of each maturity and the bonds according to Regulations sectionin the same manner as on line 21, columnnumber of years to maturity (determined 1.141-12 or other remedial actions(d).separately for each maturity and by taking authorized by the Commissioner underLine 34.If more than a single issue ofinto account mandatory redemptions),Regulations section 1.141-12(h).bonds will be refunded, enter the date ofdivided by the issue price of the entire Line 44.Check the box if the issuer hasissue of each issue. Enter the date in anissue (from line 21, column (b)). For a established written procedures to monitorMM/DD/YYYY format.lease or installment sale, enter instead compliance with the arbitrage, yieldthe total number of years the lease or Part VI—Miscellaneous restriction, and rebate requirements ofinstallment sale will be outstanding.section 148.Line 35.An allocation of volume cap isFor column (e), the yield, as defined in required if the nonqualified amount for the Line 45a. Check the box if some part ofsection 148(h), is the discount rate that,issue is more than $15 million but is not the proceeds was used to reimbursewhen used to compute the present value more than the amount that would cause expenditures. Figure and then enter theof all payments of principal and interest to the issue to be private activity bonds.amount of proceeds that are used tobe paid on the obligation, produces an reimburse the issuer for amounts paid forLine 36.If any portion of the grossamount equal to the purchase price, a qualified purpose prior to the issuanceproceeds of the issue is or will beincluding accrued interest. See of the bonds. See Regulations sectioninvested in a guaranteed investmentRegulations section 1.148-4 for specific 1.150-2.contract (GIC), as defined in Regulationsrules to compute the yield on an issue. If section 1.148-1(b), enter the amount ofthe issue is a variable rate issue, write Line 45b.An issuer must adopt an the gross proceeds so invested, as well“VR” as the yield of the issue. For other official intent to reimburse itself for as the final maturity date of the GIC andthan variable rate issues, carry the yield preissuance expenditures within 60 days the name of the provider of such contract.out to four decimal places (for example,after payment of the original expenditure 5.3125%). If the issue is a lease or unless excepted by Regulations sectionLine 37.Enter the amount of the installment sale, enter the effective rate of 1.150-2(f). Enter the date the officialproceeds of this issue used to make a interest being paid.intent was adopted. See Regulationsloan to another governmental unit, the section 1.150-2(e) for more informationinterest of which is tax-exempt.Part IV—Uses of Proceeds of about official intent.Line 38.If the issue is a loan ofBond Issue proceeds from another tax-exempt issue,Signature and ConsentFor a lease or installment sale, write “N/A”check the box and enter the date of issue,in the space to the right of the title for Part An authorized representative of the issuerEIN, and name of issuer of the masterIV.must sign Form 8038-G and anypool obligation.applicable certification. Also print theLine 22.Enter the amount of proceeds Line 40.Check this box if the issue is a name and title of the person signing Formthat will be used to pay interest from the construction issue and an irrevocable 8038-G. The authorized representative ofdate the bonds are dated to the date of election to pay a penalty in lieu of the issuer signing this form must have theissue.arbitrage rebate has been made on or authority to consent to the disclosure ofLine 24.Enter the amount of the before the date the bonds were issued.the issuer’s return information, asproceeds that will be used to pay bond The penalty is payable with a Form necessary to process this return, to theissuance costs, including fees for trustees 8038-T for each 6-month period after the person(s) that have been designated inand bond counsel. If no bond proceeds date the bonds are issued. Do not make Form 8038-G.will be used to pay bond issuance costs,any payment of penalty in lieu of arbitrage Note.If the issuer in Part 1, lines 3a andenter zero. Do not leave this line blank.rebate with this form. See Rev. Proc.3b authorizes the IRS to communicate92-22, 1992-1 C.B. 736 for rulesLine 25.Enter the amount of the (including in writing and by telephone)regarding the “election document.”proceeds that will be used to pay fees for with a person other than an officer orcredit enhancement that are taken into Line 41a.Check this box if the issuer other employee of the issuer, by signingaccount in determining the yield on the has identified a hedge on its books and this form, the issuer’s authorizedissue for purposes of section 148(h) (for records according to Regulations sections representative consents to the disclosureexample, bond insurance premiums and 1.148-4(h)(2)(viii) and 1.148-4(h)(5) that of the issuer’s return information, ascertain fees for letters of credit).permit an issuer of tax-exempt bonds to necessary to process this return, to suchidentify a hedge for it to be included inLine 26.Enter the amount of proceeds person.yield calculations for computing arbitrage.that will be allocated to such a fund. Paid PreparerLine 42.In determining if the issuer hasLine 27.Enter the amount of the super-integrated a hedge, apply the rulesproceeds that will be used to pay If an authorized officer of the issuer filled of Regulations section 1.148-4(h)(4). Ifprincipal, interest, or call premium on any in this return, the paid preparer’s space the hedge is super-integrated, check theother issue of bonds within 90 days of the should remain blank. Anyone who box.date of issue.prepares the return but does not charge Line 28.Enter the amount of the Line 43. If the issuer takes a “deliberate the organization should not sign the proceeds that will be used to pay action” after the issue date that causes return. Certain others who prepare the -3- J1, Attachment 1 Packet Page Number 79 of 127 Learning about the law or 2 hr., 41 min.return should not sign. For example, a the information. We need it to ensure that the form .............regular, full-time employee of the issuer, you are complying with these laws. Preparing, copying,3 hr., 3 min.such as a clerk, secretary, etc., should You are not required to provide the assembling, and sendingnot sign.information requested on a form that is the form to the IRS ......Generally, anyone who is paid to subject to the Paperwork Reduction Act prepare a return must sign it and fill in the unless the form displays a valid OMB If you have comments concerning the other blanks in the Paid Preparer Use control number. Books or records relating accuracy of these time estimates or Only area of the return.to a form or its instructions must be suggestions for making this form simpler, retained as long as their contents mayThe paid preparer must:we would be happy to hear from you. You become material in the administration of•Sign the return in the space provided can write to the Internal Revenue Service, any Internal Revenue law. Generally, taxfor the preparer’s signature (a facsimile Tax Products Coordinating Committee, returns and return information aresignature is acceptable),SE:W:CAR:MP:T:M:S, 1111 Constitution confidential, as required by section 6103.•Enter the preparer information, and Ave. NW, IR-6526, Washington, DC •Give a copy of the return to the issuer. The time needed to complete and file 20224. Do not send the form to this this form varies depending on individual office. Instead, see Where To File.Paperwork Reduction Act Notice.We circumstances. The estimated averageask for the information on this form to time is:carry out the Internal Revenue laws of the United States. You are required to give us -4- J1, Attachment 1 Packet Page Number 80 of 127 Form 8038-G (Rev. September 2011) Department of the Treasury Internal Revenue Service Information Return for Tax-Exempt Governmental Obligations a Under Internal Revenue Code section 149(e) a See separate instructions. Caution: If the issue price is under $100,000, use Form 8038-GC. OMB No. 1545-0720 Part I Reporting Authority If Amended Return, check here a 1 Issuer’s name 2 Issuer’s employer identification number (EIN) 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions)3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address)Room/suite 5 Report number (For IRS Use Only) 3 6 City, town, or post office, state, and ZIP code 7 Date of issue 8 Name of issue 9 CUSIP number 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions) 10b Telephone number of officer or other employee shown on 10a Part II Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education ..............................11 12 Health and hospital ..........................12 13 Transportation ............................13 14 Public safety .............................14 15 Environment (including sewage bonds) ....................15 16 Housing ..............................16 17 Utilities ..............................17 18 Other. Describe a 18 19 If obligations are TANs or RANs, check only box 19a .............a If obligations are BANs, check only box 19b ................a 20 If obligations are in the form of a lease or installment sale, check box ........a Part III Description of Obligations. Complete for the entire issue for which this form is being filed. 21 (a) Final maturity date (b) Issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield $ $ years % Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount) 22 Proceeds used for accrued interest .....................22 23 Issue price of entire issue (enter amount from line 21, column (b)) ...........23 24 Proceeds used for bond issuance costs (including underwriters’ discount) . .24 25 Proceeds used for credit enhancement ............25 26 Proceeds allocated to reasonably required reserve or replacement fund .26 27 Proceeds used to currently refund prior issues .........27 28 Proceeds used to advance refund prior issues .........28 29 Total (add lines 24 through 28) .......................29 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . .30 Part V Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the bonds to be currently refunded .... a years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded .... a years 33 Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) ...... a 34 Enter the date(s) the refunded bonds were issued a (MM/DD/YYYY) For Paperwork Reduction Act Notice, see separate instructions.Cat. No. 63773S Form 8038-G (Rev. 9-2011) J1, Attachment 1 Packet Page Number 81 of 127 Form 8038-G (Rev. 9-2011)Page 2 Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) ....35 36 a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) .........................36a b Enter the final maturity date of the GIC a c Enter the name of the GIC provider a 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units ........................37 38 a If this issue is a loan made from the proceeds of another tax-exempt issue, check box a and enter the following information: b Enter the date of the master pool obligation a c Enter the EIN of the issuer of the master pool obligation a d Enter the name of the issuer of the master pool obligation a 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box ....a 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box .............a 41 a If the issuer has identified a hedge, check here a and enter the following information: b Name of hedge provider a c Type of hedge a d Term of hedge a 42 If the issuer has superintegrated the hedge, check box .....................a 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box ........a 44 If the issuer has established written procedures to monitor the requirements of section 148, check box .....a 45a If some portion of the proceeds was used to reimburse expenditures, check here a and enter the amount of reimbursement ......... a b Enter the date the official intent was adopted a Signature and Consent Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to process this return, to the person that I have authorized above.FSignature of issuer’s authorized representative Date FType or print name and title Paid Preparer Use Only Print/Type preparer’s name Preparer's signature Date Check if self-employed PTIN Firm’s name a Firm's address a Firm's EIN a Phone no. Form 8038-G (Rev. 9-2011) J1, Attachment 1 Packet Page Number 82 of 127 VEHICLE TITLING ADDENDUM Master Tax-Exempt Lease/Purchase Agreement dated October 14, 2016 and related Property Schedule No. 3 dated July 31, 2017, between City of Maplewood as Lessee and U.S. Bancorp Government Leasing and Finance, Inc. as Lessor. 1. Lessor and Lessee hereby agree to amend the above referenced Agreement to add additional terms and conditions as set forth below: Lessee agrees that it will provide to Lessor the original title documentation to the Equipment. Lessee shall provide such title documentation to Lessor within 15 days of Lessee’s receipt of such title documentation from the appropriate titling authority. Lessee’s failure to provide Lessor with title documentation to the Equipment in a timely fashion shall be deemed a condition of Default as defined in the default paragraph herein subject to remedies available to Lessor pursuant to the remedies paragraph. 2. Location: Lessor agrees that in regard to the location of the equipment, Lessee must be responsible for maintaining records showing the location of each piece of Leased equipment. Lessee will report this location to Lessor upon written request by Lessor. Failure to do so shall constitute a breach of the Agreement, which default shall be governed by the terms and conditions specified in the default and/or remedies paragraph of the Agreement. 3. Lessee will complete the physical titling of the vehicle as required by the state of Lessee’s residence and guarantee U.S. Bancorp Government Leasing and Finance, Inc. that U.S. Bancorp Government Leasing and Finance, Inc. will receive the original title to the leased vehicle in a timely manner. Lessee agrees to indemnify U.S. Bancorp Government Leasing and Finance, Inc. from any damage or loss it incurs, including legal fees, due to its failure to complete its agreement herein. THE APPLICATION FOR TITLE MUST INCLUDE THE FOLLOWING AS 1ST LIEN HOLDER: U.S. BANCORP GOVERNMENT LEASING AND FINANCE, INC. 1310 MADRID STREET MARSHALL, MN 56258 By signing this Addendum, Lessee acknowledges the above changes to the Agreement and authorizes Lessor to make such changes. In all other respects the terms and conditions of the Agreement remain in full force and effect. Lessor: U.S. Bancorp Government Leasing and Finance, Inc. Lessee: City of Maplewood By:By: Name:Name: Nora Slawik Title:Title: Mayor Date:Date: J1, Attachment 1 Packet Page Number 83 of 127 ESCROW AGREEMENT THIS ESCROW AGREEMENT (“Escrow Agreement”) is made as of July 31, 2017 by and among U.S. Bancorp Government Leasing and Finance, Inc. (“Lessor”), City of Maplewood (“Lessee”) and U.S.BANK NATIONAL ASSOCIATION, as escrow agent (“Escrow Agent”). Lessor and Lessee have heretofore entered into that certain Master Tax-Exempt Lease/Purchase Agreement dated as of October 14, 2016 (the “Master Agreement”) and a Property Schedule No. 3 thereto dated July 31, 2017 (the “Schedule”and, together with the terms and conditions of the Master Agreement incorporated therein, the “Agreement”). The Schedule contemplates that certain personal property described therein (the “Equipment”) is to be acquired from the vendor(s) or manufacturer(s) thereof (the “Vendor”). After acceptance of the Equipment by Lessee, the Equipment is to be financed by Lessor to Lessee pursuant to the terms of the Agreement. The Master Agreement further contemplates that Lessor will deposit an amount equal to the anticipated aggregate acquisition cost of the Equipment (the “Purchase Price”), being $227,746.00, with Escrow Agent to be held in escrow and applied on the express terms set forth herein. Such deposit, together with all interest and other additions received with respect thereto (hereinafter the “Escrow Fund”) is to be applied to pay the Vendor its invoice cost (a portion of which may, if required, be paid prior to final acceptance of the Equipment by Lessee); and, if applicable, to reimburse Lessee for progress payments already made by it to the Vendor of the Equipment. The parties desire to set forth the terms on which the Escrow Fund is to be created and to establish the rights and responsibilities of the parties hereto. NOW ,THEREFORE, in consideration of the sum of Ten Dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Escrow Agent hereby agrees to serve as escrow agent upon the terms and conditions set forth herein. The moneys and investments held in the Escrow Fund are for the benefit of Lessee and Lessor, and such moneys, together with any income or interest earned thereon, shall be expended only as provided in this Escrow Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of either Lessee or Lessor. Lessor, Lessee and Escrow Agent intend that the Escrow Fund constitute an escrow account in which Lessee has no legal or equitable right, title or interest until satisfaction in full of all conditions contained herein for the disbursement of funds by the Escrow Agent therefrom. However, if the parties’ intention that Lessee shall have no legal or equitable right, title or interest until all conditions for disbursement are satisfied in full is not respected in any legal proceeding, the parties hereto intend that Lessor have a security interest in the Escrow Fund, and such security interest is hereby granted by Lessee to secure payment of all sums due to Lessor under the Master Agreement. For such purpose, Escrow Agent hereby agrees to act as agent for Lessor in connection with the perfection of such security interest and agrees to note, or cause to be noted, on all books and records relating to the Escrow Fund, the Lessor’s interest therein. 2. On such day as is determined to the mutual satisfaction of the parties (the “Closing Date”),Lessor shall deposit with Escrow Agent cash in the amount of the Purchase Price, to be held in escrow by Escrow Agent on the express terms and conditions set forth herein. On the Closing Date, Escrow Agent agrees to accept the deposit of the Purchase Price by Lessor, and further agrees to hold the amount so deposited together with all interest and other additions received with respect thereto, as the Escrow Fund hereunder, in escrow on the express terms and conditions set forth herein. 3. Escrow Agent shall at all times segregate the Escrow Fund into an account maintained for that express purpose, which shall be clearly identified on the books and records of Escrow Agent as being held in its capacity as Escrow Agent. Securities and other negotiable instruments comprising the Escrow Fund from time to time shall be held or registered in the name of Escrow Agent (or its nominee). The Escrow Fund shall not, to the extent permitted by applicable law, be subject to levy or attachment or lien by or for the benefit of any creditor of any of the parties hereto (except with respect to the security interest therein held by Lessor). J1, Attachment 1 Packet Page Number 84 of 127 4. The cash comprising the Escrow Fund from time to time shall be invested and reinvested by Escrow Agent in one or more investments as directed by Lessee. Absent written direction from Lessee, the cash will be invested in the U.S. Bank National Association Money Market Deposit Fund. See Exhibit 1 Investment Direction Letter. Lessee represents and warrants to Escrow Agent and Lessor that the investments selected by Lessee for investment of the Escrow Fund are permitted investments for Lessee under all applicable laws. Escrow Agent will use due diligence to collect amounts payable under a check or other instrument for the payment of money comprising the Escrow Fund and shall promptly notify Lessee and Lessor in the event of dishonor of payment under any such check or other instruments. Interest or other amounts earned and received by Escrow Agent with respect to the Escrow Fund shall be deposited in and comprise a part of the Escrow Fund. Escrow Agent shall maintain accounting records sufficient to permit calculation of the income on investments and interest earned on deposit of amounts held in the Escrow Fund. The parties acknowledge that to the extent regulations of the Comptroller of Currency or other applicable regulatory entity grant a right to receive brokerage confirmations of security transactions of the escrow, the parties waive receipt of such confirmations, to the extent permitted by law. The Escrow Agent shall furnish a statement of security transactions on its regular monthly reports.Attached as Exhibit 6 is the Class Action Negative Consent Letter to be reviewed by Lessee. 5. Upon request by Lessee and Lessor, Escrow Agent shall send monthly statements of account to Lessee and Lessor, which statements shall set forth all withdrawals from and interest earnings on the Escrow Fund as well as the investments in which the Escrow Fund is invested. 6. Escrow Agent shall take the following actions with respect to the Escrow Fund: (a) Upon Escrow Agent’s acceptance of the deposit of the Purchase Price, an amount equal to Escrow Agent’s set-up fee, as set forth on Exhibit 2 hereto, shall be disbursed from the Escrow Fund to Escrow Agent in payment of such fee. (b) Escrow Agent shall pay costs of the Equipment upon receipt of a duly executed Requisition Request (substantially in the format of Exhibit 3) signed by Lessor and Lessee. Lessor’s authorized signatures are provided in Exhibit 5. Lessee’s authorized signatures will be provided in Exhibit 3 of Master Lease Purchase Agreement. Escrow Agent will use best efforts to process requests for payment within one (1) business day of receipt of requisitions received prior to 2:00 p.m. Central Time. The final Requisition shall be accompanied by a duly executed Acceptance Certificate form attached as Exhibit 4 hereto. (c) Upon receipt by Escrow Agent of written notice from Lessor that an Event of Default or an Event of Nonappropriation (if provided for under the Master Agreement) has occurred under the Agreement, all funds then on deposit in the Escrow Fund shall be paid to Lessor for application in accordance with the Master Agreement, and this Escrow Agreement shall terminate. (d) Upon receipt by Escrow Agent of written notice from Lessor that the purchase price of the Equipment has been paid in full, Escrow Agent shall pay the funds then on deposit in the Escrow Fund to Lessor to be applied first to the next Lease Payment due under the Master Agreement, and second, to prepayment of the principal component of Lease Payments in inverse order of maturity without premium. To the extent the Agreement is not subject to prepayment, Lessor consents to such prepayment to the extent of such prepayment amount from the Escrow Fund. Upon disbursement of all amounts in the Escrow Fund, this Escrow Agreement shall terminate. (e) This Escrow Agreement shall terminate eighteen (18) months from the date of this Escrow Agreement. It may, however, be extended by mutual consent of Lessee and Lessor in writing to Escrow Agent. All funds on deposit in the Escrow Fund at the time of termination under this paragraph, unless otherwise directed by Lessee in writing (electronic means acceptable), shall be transferred to Lessor. 7. The fees and expenses, including any legal fees, of Escrow Agent incurred in connection herewith shall be the responsibility of Lessee. The basic fees and expenses of Escrow Agent shall be as set forth on Exhibit 2 and Escrow Agent is hereby authorized to deduct such fees and expenses from the Escrow Fund as and when the same are incurred without any further authorization from Lessee or Lessor. Escrow Agent may employ J1, Attachment 1 Packet Page Number 85 of 127 legal counsel and other experts as it deems necessary for advice in connection with its obligations hereunder. Escrow Agent waives any claim against Lessor with respect to compensation hereunder. 8. Escrow Agent shall have no liability for acting upon any written instruction presented by Lessor in connection with this Escrow Agreement, which Escrow Agent in good faith believes to be genuine. Furthermore, Escrow Agent shall not be liable for any act or omission in connection with this Escrow Agreement except for its own negligence, willful misconduct or bad faith. Escrow Agent shall not be liable for any loss or diminution in value of the Escrow Fund as a result of the investments made by Escrow Agent. 9. Escrow Agent may resign at any time by giving thirty (30) days’ prior written notice to Lessor and Lessee. Lessor may at any time remove Escrow Agent as Escrow Agent under this Escrow Agreement upon written notice. Such removal or resignation shall be effective on the date set forth in the applicable notice. Upon the effective date of resignation or removal, Escrow Agent will transfer the Escrow Fund to the successor Escrow Agent selected by Lessor. 10. Lessee hereby represents, covenants and warrants that pursuant to Treasury Regulations Section 1.148-7(d), the gross proceeds of the Agreement will be expended for the governmental purposes for which the Agreement was entered into, as follows: at least 15% within six months after the Commencement Date, such date being the date of deposit of funds into the Escrow Fund, at least 60% within 12 months after the Commencement Date, and 100% within 18 months after the Commencement Date. If Lessee is unable to comply with Section 1.148-7(d) of the Treasury Regulations, Lessee shall, at its sole expense and cost, compute rebatable arbitrage on the Agreement and pay rebatable arbitrage to the United States at least once every five years, and within 60 days after payment of the final rental or Lease Payment due under the Agreement. 11. In the event of any disagreement between the undersigned or any of them, and/or any other person, resulting in adverse claims and demands being made in connection with or for any moneys involved herein or affected hereby, Escrow Agent shall be entitled at its option to refuse to comply with any such claim or demand, so long as such disagreement shall continue, and in so refusing Escrow Agent may refrain from making any delivery or other disposition of any moneys involved herein or affected hereby and in so doing Escrow Agent shall not be or become liable to the undersigned or any of them or to any person or party for its failure or refusal to comply with such conflicting or adverse demands, and Escrow Agent shall be entitled to continue so to refrain and refuse so to act until: (a) the rights of the adverse claimants have been finally adjudicated in a court assuming and having jurisdiction of the parties and the moneys involved herein or affected hereby; or (b) all differences shall have been adjusted by Master Agreement and Escrow Agent shall have been notified thereof in writing signed by all of the persons interested. 12. All notices (excluding billings and communications in the ordinary course of business) hereunder shall be in writing, and shall be sufficiently given and served upon the other party if delivered (a) personally, (b) by United States registered or certified mail, return receipt requested, postage prepaid, (c) by an overnight delivery by a service such as Federal Express or Express Mail from which written confirmation of overnight delivery is available, or (d) by facsimile with a confirmation copy by regular United States mail, postage prepaid, addressed to the other party at its respective address stated below the signature of such party or at such other address as such party shall from time to time designate in writing to the other party, and shall be effective from the date of mailing. 13. This Escrow Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. No rights or obligations of Escrow Agent under this Escrow Agreement may be assigned without the prior written consent of Lessor. 14. This Escrow Agreement shall be governed by and construed in accordance with the laws in the state of the Escrow Agent’s location. This Escrow Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof, and no waiver, consent, modification or change of terms hereof shall bind any party unless in writing signed by all parties. J1, Attachment 1 Packet Page Number 86 of 127 15. This Escrow Agreement and any written direction may be executed in two or more counterparts, which when so executed shall constitute one and the same agreement or direction. IN W ITNESS W HEREOF, the parties hereto have caused this Escrow Agreement to be duly executed as of the day and year first above set forth. U.S. Bancorp Government Leasing and Finance, Inc., as Lessor By: Name: Title: Address: 13010 SW 68th Parkway, Suite 100 Portland, OR 97223 U.S. B ANK NATIONAL ASSOCIATION, as Escrow Agent By: Name: Title: Address: U.S. Bank National Association 950 17th Street, 12th Floor Denver, CO 80202 Lessee: City of Maplewood Lessee: City of Maplewood By:By: Name: Melinda Coleman Name: Nora Slawik Title: City Manager Title: Mayor J1, Attachment 1 Packet Page Number 87 of 127 EXHIBIT 1 The U.S. Bank Money Market account is a U.S. Bank National Association (“U.S. Bank”) interest-bearing money market deposit account designed to meet the needs of U.S. Bank’s Corporate Trust Services Escrow Group and other Corporate Trust customers of U.S. Bank. Selection of this investment includes authorization to place funds on deposit and invest with U.S. Bank. U.S. Bank uses the daily balance method to calculate interest on this account (actual/365 or 366). This method applies a daily periodic rate to the principal balance in the account each day. Interest is accrued daily and credited monthly to the account. Interest rates are determined at U.S. Bank’s discretion, and may be tiered by customer deposit amount. The owner of the account is U.S. Bank as Agent for its trust customers. U.S. Bank’s trust department performs all account deposits and withdrawals. Deposit accounts are FDIC Insured per depositor, as determined under FDIC Regulations, up to applicable FDIC limits. U.S. BANK, WHEN ACTING AS AN INDENTURE TRUSTEE OR IN A SIMILAR CAPACITY, IS NOT REQUIRED TO REGISTER AS A MUNICIPAL ADVISOR WITH THE SECURITIES AND EXCHANGE COMMISSION FOR PURPOSES OF COMPLYING WITH THE DODD-FRANK WALL STREET REFORM & CONSUMER PROTECTION ACT. INVESTMENT ADVICE, IF NEEDED, SHOULD BE OBTAINED FROM YOUR FINANCIAL ADVISOR. In the absence of specific written direction to the contrary, U.S. Bank is hereby directed to invest and reinvest proceeds and other available moneys in the U.S. Bank Money Market Account. The U.S. Bank Money Market Account is a permitted investment under the operative documents and this authorization is the permanent direction for investment of the moneys until notified in writing of alternate instructions. City of Maplewood Company Name Signature of Authorized Directing Party Mayor Trust Account Number – includes existing and future sub-accounts unless otherwise directed Title/Date U.S. BANK NATIONAL ASSOCIATION MONEY MARKET ACCOUNT AUTHORIZATION FORM DESCRIPTION AND TERMS AUTOMATIC AUTHORIZATION J1, Attachment 1 Packet Page Number 88 of 127 EXHIBIT 2 Schedule of Fees for Services as Escrow Agent For City of Maplewood Equipment Lease Purchase Escrow CTS01010A Acceptance Fee The acceptance fee includes the administrative review of documents, initial set-up of the account, and other reasonably required services up to and including the closing. This is a one-time, non-refundable fee, payable at closing. WAIVED CTS04460 Escrow Agent Annual fee for the standard escrow agent services associated with the administration of the account. Administration fees are payable in advance. WAIVED Direct Out of Pocket Expenses Reimbursement of expenses associated with the performance of our duties, including but not limited to publications, legal counsel after the initial close, travel expenses and filing fees. At Cost Extraordinary Services Extraordinary Services are duties or responsibilities of an unusual nature, including termination, but not provided for in the governing documents or otherwise set forth in this schedule. A reasonable charge will be assessed based on the nature of the services and the responsibility involved. At our option, these charges will be billed at a flat fee or at our hourly rate then in effect. Account approval is subject to review and qualification. Fees are subject to change at our discretion and upon written notice. Fees paid in advance will not be prorated. The fees set forth above and any subsequent modifications thereof are part of your agreement. Finalization of the transaction constitutes agreement to the above fee schedule, including agreement to any subsequent changes upon proper written notice. In the event your transaction is not finalized, any related out-of-pocket expenses will be billed to you directly. Absent your written instructions to sweep or otherwise invest, all sums in your account will remain uninvested and no accrued interest or other compensation will be credited to the account. Payment of fees constitutes acceptance of the terms and conditions set forth. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. J1, Attachment 1 Packet Page Number 89 of 127 EXHIBIT 3 REQUISITION REQUEST The Escrow Agent is hereby requested to pay from the Escrow Fund established and maintained under that certain Escrow Agreement dated as of July 31, 2017 (the “Escrow Agreement”) by and among U.S. Bancorp Government Leasing and Finance, Inc. (the “Lessor”), City of Maplewood (the “Lessee”), and U.S. Bank National Association (the “Escrow Agent”), the amount set forth below to the named payee(s). The amount shown is due and payable under a purchase order or contract (or has been paid by and not previously reimbursed to Lessee) with respect to equipment being financed under that certain Master Tax-Exempt Lease/Purchase Agreement dated as of October 14, 2016 (the “Master Agreement”) and Property Schedule No. 3 thereto dated July 31, 2017 (the “Schedule”and, together with the terms and conditions of the Master Agreement incorporated therein, the “Agreement”), by and between the Lessor and the Lessee, and has not formed the basis of any prior requisition request. PAYEE AMOUNT INVOICE NO.EQUIPMENT Total requisition amount $______________ The undersigned, as Lessee under the Master Agreement, hereby certifies: 1. The items of the Equipment being acquired with the proceeds of this disbursement have been delivered and installed at the location(s) contemplated by the Master Agreement. The Lessee has conducted such inspection and/or testing of the Equipment being acquired with the proceeds of this disbursement as it deems necessary and appropriate, and such Equipment has been accepted by Lessee. 2. The costs of the Equipment to be paid from the proceeds of this disbursement have been properly incurred, are a proper charge against the Escrow Fund and have not been the basis of any previous disbursement. 3. No part of the disbursement requested hereby will be used to pay for materials not yet incorporated into the Equipment or for services not yet performed in connection therewith. 4. The Equipment is covered by insurance in the types and amounts required by the Agreement. 5. No Event of Default or Event of Nonappropriation (if applicable), as each such term is defined in the Master Agreement, and no event which with the giving of notice or lapse of time, or both, would become such an Event of Default or Event of Nonappropriation has occurred and is continuing on the date hereof. 6. If Lessee paid an invoice prior to the commencement date of the Master Agreement, and is requesting reimbursement for such payment, Lessee has satisfied the requirements for reimbursement set forth in Treas. Reg. §1.150-2. Request Date: __________________ Lessor: U.S. Bancorp Government Leasing and Finance, Inc. Lessee: City of Maplewood By:By: Name:Name: Title:Title: J1, Attachment 1 Packet Page Number 90 of 127 Exhibit 4 Final Acceptance Certificate U.S. Bancorp Government Leasing and Finance, Inc. 13010 SW 68th Parkway, Suite 100 Portland, OR 97223 Re:Property Schedule No. 3 to Master Tax-Exempt Lease/Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and City of Maplewood Ladies and Gentlemen: In accordance with the above-referenced Master Tax-Exempt Lease/Purchase Agreement (the "Master Agreement"), the undersigned ("Lessee") hereby certifies and represents to, and agrees with, U.S. Bancorp Government Leasing and Finance, Inc. ("Lessor"), as follows: (1) The Property, as such terms are defined in the above-referenced Property Schedule, has been acquired, made, delivered, installed and accepted on the date indicated below. (2) Lessee has conducted such inspection and/or testing of the Property as it deems necessary and appropriate and hereby acknowledges that it accepts the Property for all purposes. (3) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default or a Nonappropriation Event (as such terms are defined in the Master Agreement) exists at the date hereof. Acceptance Date: ________________________________ Lessee: City of Maplewood By: Name: Title: J1, Attachment 1 Packet Page Number 91 of 127 Exhibit 6 Class Action Negative Consent Letter July 31, 2017 City of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 RE: USBGLF/City of Maplewood - - Class Action Litigation Claims Dear Ellen Paulseth, Finance Director: U.S. Bank National Association (“U.S. Bank”) has established its policies and procedures relative to class action litigation claims filed on behalf of its clients’ accounts. This policy may impact future claims filed by U.S. Bank on behalf of the above-referenced account. Listed below are the policies regarding class action litigation claims: 1. U.S. Bank will file class action litigation claims, at no charge, on behalf of open, eligible agency or custody accounts upon receipt of proper documented authorization. This notice, with your ability to opt out as further described below,constitutes such documented authorization. 2. U.S. Bank will not file claims for agency or custody accounts that were open during the class action period but were closed prior to receipt of any notice of the class action litigation. 3. Assuming requisite information is provided by the payor to identify the applicable account, settlement proceeds of the class action litigation will be posted within a reasonable time following receipt of such proceeds to the entitled accounts that are open at such time. If entitled accounts are closed prior to distribution and receipt of settlement proceeds, they will be remitted to entitled beneficiaries or successors of the account net of any research and filing fees. Proceeds, less any research and filing fees, will be escheated if the entitled beneficiaries or successors of the account cannot be identified /located. If you wish U.S. Bank to continue to file class action litigation proofs of claim on behalf of your account, you do not need to take any further action. However, if you do not wish U.S. Bank to file class action proofs of claim on behalf of your account, you may notify us of this election by returning this letter with your signature and date provided below within 30 days or by filing a separate authorization letter with your Account Manager by the same date. The authorization and understanding contained in this communication constitutes an amendment of any applicable provisions of the account document for the above-referenced account. If you have any questions, please contact me at the below number. Sincerely, Leland Hansen Vice President 303-585-4594 Ƒ No, U.S. Bank is not authorized to file class action litigation proofs of claim on behalf of the above-referenced account(s). By making this election, I acknowledge that U.S. Bank is not responsible for forwarding notices received on class action or litigation claims. ƑYes, U.S. Bank is authorized to file class action litigation proofs of claim on behalf of the above-referenced account(s). By making this election, I acknowledge that U.S. Bank is responsible for forwarding notices received on class action or litigation claims. ____________________________________________ Authorized Signer Date [  J1, Attachment 1 Packet Page Number 92 of 127 $JUZPG.BQMFXPPE ./ Y 1JPOFFS-BOF $FOUFSWJMMF ./   J1, Attachment 1 Packet Page Number 93 of 127 J1, Attachment 1 Packet Page Number 94 of 127 J1, Attachment 1 Packet Page Number 95 of 127 J1, Attachment 1 Packet Page Number 96 of 127 Government Leasing and Finance, Inc. FIRST PAYMENT INVOICE PLEASE RETURN THIS PORTION WITH YOUR PAYMENT SCHEDULE NUMBER: 077-0020196-003 CREATE DATE: July 11, 2017 DUE DATE: July 31, 2017 AMOUNT DUE: $47,538.32 City of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 Attention: Accounts Payable Dept. Customer Phone Number: (651) 249-2902 U.S. Bancorp Government Leasing and Finance, Inc. P.O. Box 959067 1005 Convention Plaza St. Louis, MO 63195-9067 __________________________________________________________________________________ >>>>>>>> PLEASE RETAIN THIS PORTION FOR YOUR RECORDS <<<<<<<< ALL PAYMENTS MUST BE SENT TO THIS ADDRESS: U.S. BANCORP GOVERNMENT LEASING AND FINANCE, INC. PO BOX 959067 1005 CONVENTION PLAZA ST. LOUIS, MO 63195-9067 U.S. Bancorp Government Leasing and Finance, Inc. P.O. Box 959067 1005 Convention Plaza St. Louis, MO 63195-9067 QUESTIONS? PLEASE CALL (303-585- 4077) ACCOUNT: 077-0020196-003 AMOUNT DUE: $47,538.32 DUE DATE: July 31, 2017 CREATE DATE: July 11, 2017 I N V O I C E S U M M A R Y Current Charges [Payment #1] $47,538.32 Total Due $47,538.32 TOTAL AMOUNT DUE THIS INVOICE MUST BE PAID FOR FUNDING TO OCCUR J1, Attachment 1 Packet Page Number 97 of 127 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: July 18, 2017 SUBJECT: Consider Approval of a Swimming Pool Cover Exception at 2090 Arcade Street Introduction Daniel and Marie Steinberger are proposing to construct an in-ground swimming pool in their back yard at 2090 Arcade Street. City code requires that swimming pools be surrounded by a four-foot high, non-climbable fence. In lieu of a fence, the Steinbergers are proposing to install a safety cover over the swimming pool. City code allows residents to submit an exception request to allow for a safety cover over the swimming pool as an alternative to a fence. Request The applicants are requesting a swimming pool cover exception to allow a safety cover over the swimming pool as an alternative to a fence. Background October 2003 the City Council amended the swimming pool ordinance. The amendment allowed for alternatives to the four-foot high fence requirement around a pool. Alternatives such as a pool cover or some other means of swimming pool protection is permitted as an exception request subject to review and approval by the City Council. In April 2013 the City Council approved the first pool cover exception since amending the swimming pool ordinance in 2003. The exception allowed the homeowners at 660 Eldridge Avenue East to construct an in-ground swimming pool with an alternative safety pool cover. The pool was constructed behind the house, adjacent Oehrline’s Lake, and also required approval of two variances allowing the pool to be constructed closer to the lake and wetland edge than City Code permits. Discussion Swimming Pool Details The City’s swimming pool ordinance requires that a pool maintain the following setbacks: 6 feet from the principal structure or any frost footings and 10 feet from the side property line. In the case of a lakefront lot, the setback of the pool to the ordinary high watermark of the lake is determined by the City’s Shoreland Ordinance. The applicants’ lot is located on Keller Lake. Keller Lake is classified as a Class III Public Water in the City’s Shoreland Overlay District. J2 Packet Page Number 98 of 127 Structures, including pools, must maintain a 75-foot setback to the ordinary high watermark of a Class III Public Water. The proposed in-ground swimming pool will be 18 feet wide x 36 feet long. It will be located 8 feet from the deck frost footing, 18 and 38 feet to the side property lines, and approximately 213 feet to the ordinary high watermark of Keller Lake. Swimming Pool Cover The applicants’ letter attached states that the swimming pool cover proposed exceeds safety specifications. A fence is only a deterrent to the pool water, but a closed safety cover will serve as a complete barrier. They are committed to ensuring that the safety cover is closed and locked when they are not present to supervise. Building Inspection Comments Jason Brash, Building Official: Build per 2012 IRC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, and 2015 Minnesota Building Code. Install pool cover to manufacturer’s installation requirements meeting ASTM F1346-91. Commission Review The Planning Commission held a public hearing for the swimming pool cover exception on July 18, 2017. No public comment was received. The Planning Commission recommended approval of the swimming pool cover exception for 2090 Arcade Street. Budget Impact None Reference Information Site Description Site size: 1.38 acres Land Use: Single Family House Surrounding Land Uses North: Single Family Homes South: Single Family Homes West: Maplecrest Park across Arcade Street East: Keller Lakes Planning Land Use: Single Family Residential Zoning: Single Family Residential J2 Packet Page Number 99 of 127 Application Date The application for this request was considered complete on June 2, 2017. State law requires that the city decide on these applications within 60 days, or if that timeline cannot be met the City must extend the application in writing an additional 60 days. The 60-day deadline for City Council action is August 1, 2017. Recommendation Approve the swimming pool cover exception for 2090 Arcade Street. The pool cover exception allows the applicants to install a safety cover over the in ground swimming pool instead of installing a fence around the pool. Approval is subject to the following condition: 1. Obtain a building permit for the in ground swimming pool and safety cover. The in ground swimming pool must be built per 2012 IRC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, and 2015 Minnesota Building Code. The swimming pool safety cover must be installed to manufacturer’s installation requirements meeting ASTM F1346-91. Attachments 1. Overview Map 2. Applicant’s Statement 3. Applicant’s Plans J2 Packet Page Number 100 of 127 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © Ramsey County Enterprise GIS Division 400.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet400.00200.00 Notes Enter Map Description Legend2090 Arcade Street North City Halls Schools Hospitals Fire Stations Police Stations Recreational Centers Parcel Points Parcel Boundaries Streets (<=16K) Other Local Road Interstate US or MN Highway Ramp County Road Local Street Local Park Road Frontage Raod Privately Maintained Pulbic Road Transit Way Alleyway Airports J2, Attachment 1Packet Page Number 101 of 127 J2, Attachment 2 Packet Page Number 102 of 127 J2, Attachment 2 Packet Page Number 103 of 127 J2, Attachment 3Packet Page Number 104 of 127 J2, Attachment 3Packet Page Number 105 of 127 J2, Attachment 3Packet Page Number 106 of 127 J2, Attachment 3Packet Page Number 107 of 127 J2, Attachment 3Packet Page Number 108 of 127 J2, Attachment 3Packet Page Number 109 of 127 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: July 18, 2017 SUBJECT: Consider Approval of a Resolution in Support of the Paris Agreement Introduction The Paris Agreement resulted in a commitment from almost every nation to take action and enact programs to limit global temperature increase to less than 2 degrees Celsius, with an expectation that this goal would be reduced to 1.5 degrees in the future. In response to the U.S. withdrawal of the Paris Agreement, the Climate Mayors signed onto a resolution which supports the goals of the Paris Agreement. The Climate Mayors is a network of U.S. mayors working together to strengthen local efforts for reducing greenhouse gas emissions (GHG) and supporting efforts for federal and global-level policy making. Discussion The attached Resolution in Support of the Paris Agreement would commit Maplewood to pursuing actions to achieve an emissions reduction target through: 1. Developing a community GHG inventory. 2. Setting near- and long-term targets to reduce emissions. 3. Developing a Climate Action Plan aligned with the city's targets. 4. Resourcing city-led activities to demonstrate year-to-year progress. These are items the City of Maplewood has already undertaken or is currently reviewing as part of the planning process for the 2040 Comprehensive Plan. Adopting the resolution and making these commitments will help Maplewood meet its energy and sustainability goals, and to lead by example. According to the Climate Mayor’s website at www.climate-mayors.org there are 359 cities that have signed onto the Agreement, including Minneapolis, St. Paul, and several Twin City suburbs. Commission Review On June 19, 2017, the Environmental and Natural Resources Commission recommended approval of Resolution in Support of the Paris Agreement. J3 Packet Page Number 110 of 127 Recommendation Adopt the attached resolution in support of the Paris Agreement. Attachment 1. Resolution in Support of the Paris Agreement J3 Packet Page Number 111 of 127 RESOLUTION IN SUPPORT OF THE PARIS AGREEMENT WHEREAS, consensus exists among the world's leading climate scientists that global warming caused by emissions of greenhouse gases from human activities is among the most significant problems facing the world today; and WHEREAS, documented impacts of global warming include but are not limited to increased occurrences of extreme weather events (e.g. droughts and floods), adverse impacts on ecosystems, demographic patterns and economic value chains; and WHEREAS, the State of Minnesota’s Next Generation Energy Act set a goal that would reduce GHG emissions in 2015 to a level 15% below the 2005 levels, and also for 2025 and 2050 emissions levels to be 30% and 80% respectively, below the 2005 levels. WHEREAS, responding to the climate change provides communities an opportunity to access first mover advantage in the range of products, services and know-how that transitioning to a climate-compatible future brings; and WHEREAS, the Paris Agreement resulted in a commitment from almost every nation to take action and enact programs to limit global temperature increase to less than 2 degrees Celsius, with an expectation that this goal would be reduced to 1.5 degrees in the future; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MAPLEWOOD: 1. Indicates its commitment to reducing greenhouse gas emissions through an implementation of a Climate Action Plan; and 2. Joins other US cities in the Climate Mayors network in adopting and supporting the goals of the Paris Agreement; and 3. Commits to exploring the potential benefits and costs of adopting policies and programs that promote the long-term goal of greenhouse gas emissions reduction while maximizing economic and social co-benefits of such action. The Maplewood City Council passed this resolution on July 24, 2017. J3, Attachment 1 Packet Page Number 112 of 127 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, EEDD Director DATE: March 3, 2017 SUBJECT: Consider Approval of Bill of Sale, Termination, and Release Agreement Between the City of Maplewood and EA Solar Introduction As discussed in the council workshop, one of the provisions in the city council-approved contract with the YMCA to operate the Maplewood Community Center (MCC), requires the City to replace the roof over the aquatic center by the end of the year (2017). Completion of that work requires the City to remove the solar panel array installation which is currently in place. In December of 2011, the City entered into a series of agreements with EA Solar for solar panels and equipment that was installed on the roof of the MCC. Staff is recommending approval of Bill of Sale, Termination, and Release Agreement between the City of Maplewood and EA Solar which is attached for your review. Approval of this termination agreement will allow the City to remove the solar panels and related equipment (requires separate council action) and resolve all claims that either EA Solar or the City of Maplewood may have against the other party under the agreements. In doing so, the City will pay EA Solar $8,856.00 as a full settlement and release of all claims under the original agreements. Such payment will also serve as a full and complete purchase price of the solar equipment located atop the MCC. Worth noting is that the original agreements entered into between EA Solar and the City in 2011 authorized EA Solar to “put” the equipment sale to the City, or otherwise demand that the City purchase the equipment at a specified time, known as the “put period.” Under the terms of the agreement, the put period is set to begin in December of 2017. Discussion If Council approves the Bill of Sale, Termination, and Release Agreement between the City of Maplewood and EA Solar, the City will enter into an Agreement for Services with a solar power company that has the capabilities to remove the solar panels and equipment at the MCC. The City will retain ten solar panels and two inverters (TenKsolar products) as replacement components for the ground-mounted solar panel array installation at City Hall. Budget Impact Monies are available in the MCC operating budget (Community Center Building Maintenance, 602-614) for this settlement agreement between the City and EA Solar. J4 Packet Page Number 113 of 127 Recommendation Staff is recommending that the City Council approve the Bill of Sale, Termination, and Release Agreement between the City of Maplewood and EA Solar. Attachments 1. Bill of Sale, Termination, and Release Agreement Between the City of Maplewood and EA Solar J4 Packet Page Number 114 of 127 503448v3 AMB MA745-4 BILL OF SALE, TERMINATION, AND RELEASE AGREEMENT THIS BILL OF SALE, TERMINATION, AND RELEASE AGREEMENT (this “Agreement”) is entered into as of this ______ day of ______________, 2017 (the “Effective Date”), by and between Energy Alternatives Solar, LLC, a Minnesota limited liability company (“EA Solar”), and City of Maplewood (“Maplewood”). WHEREAS, EA Solar and Maplewood entered into that certain Sales Agreement (“Sales”), that certain Facility Lease Agreement (“Lease”), that certain Power Plus Agreement (“Power Plus”), and that certain Put & Call Agreement (“Put & Call”), all dated as of or effective December 1, 2011 (the Sales, Lease, Power Plus and Put & Call, as any of these agreements may have been amended, being collectively referred to as the “Agreements”), relating to certain solar panels and corollary equipment, a listing of which is attached hereto as Exhibit A and incorporated by reference herein (the “Equipment”), installed at Maplewood Community Center with an address of 2100 White Bear Avenue, Maplewood, Minnesota 55109 (the “Location”); and WHEREAS, EA Solar and Maplewood wish to immediately terminate the Agreements and provide for the disposition of the Equipment at the Location, and resolve all claims that either EA Solar or Maplewood may have against the other party under the Agreements. NOW, THEREFORE, in consideration of Maplewood paying EA Solar the sum of Eight Thousand Eight Hundred Fifty-Six and No/100 Dollars ($8,856.00) and in consideration of the mutual covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Transfer of Ownership of Equipment. As of the Effective Date, EA Solar transfers to Maplewood all of EA Solar’s rights, title, and interests in and to the Equipment and in and to any and all remaining federal and state investment tax credits and accelerated income tax depreciation applicable to the Equipment and all state and utility rebates. 2. Termination of Agreements. As of the Effective Date of this Agreement, the Sales, the Lease, the Power Plus and the Put & Call agreements are terminated and of no further force or effect. 3. Mutual Release Claims; Indemnity. Except as specifically set forth herein, effective as of the Effective Date of this Agreement, EA Solar and Maplewood release each other from any and all claims, obligations, and liabilities which either party had, has, or may have in the future against the other party arising from, under, or relating to the Agreements. Furthermore, the parties hereto shall indemnify and hold one another harmless from any claims asserted by any third party against the other party, the Equipment, or any of the tax credits, accelerated income tax depreciation or state and utility rebates applicable to the Equipment, whether such claims arose before or after the Effective Date of this Agreement. 4. Representations and Warranties. EA Solar expressly represents and warrants that it has neither taken nor knows of any action which has been taken which would create any enforceable right by a third party arising out of, under, or related to the Agreements. Specifically, EA Solar has neither taken any action nor knows of any such action which would have created any lien or claim of ownership in the Equipment. J4, Attachment 1 Packet Page Number 115 of 127 2 503448v3 AMB MA745-4 5. Authority to Execute Agreement. Each of EA Solar and Maplewood hereby represent and warrant to the other party that it is fully authorized to execute and perform this Agreement. 6. Enforceability. If any part, term, or provision of this Agreement is held by any court to be unenforceable or prohibited by law, the rights and obligations of the parties shall be construed and enforced with that part, term, or provision limited so as to make it enforceable to the greatest extent allowed by law, or if it is totally unenforceable, as if this Agreement did not contain that particular part, term, or provision. 7. Governing Law. This Agreement, and the rights and obligations of the parties hereunder, shall be governed by, and construed, interpreted and enforced in all respects in accordance with the laws of the State of Minnesota. 8. Benefit. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. 9. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and any representation, inducement, promise or agreement between the parties with respect to the subject matter of this Agreement that is not embodied herein shall be null and void and of no further force or effect. 10. Amendment. This Agreement may not be modified, amended or otherwise altered except by written agreement executed by the parties. 11. Counterparts. This Agreement and any amendments hereof may be executed in counterparts, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. In proving this Agreement, it shall not be necessary to produce or account for more than one such counterpart signed by the party against whom enforcement is sought. 12. Enforcement Expenses. Either party shall be entitled to recover its expenses associated with the enforcement of this Agreement from the breaching party, including, but not limited to, attorneys’ fees, costs and disbursements, in the event of any material breach of this Agreement. [SIGNATURE PAGE FOLLOWS] J4, Attachment 1 Packet Page Number 116 of 127 503448v3 AMB MA745-4 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first written above. CITY OF MAPLEWOOD ____________________________ Nora Slawik, Mayor ____________________________ Melinda Coleman, City Manager EA SOLAR - ENERGY ALTERNATIVES SOLAR, LLC By: ____________________________ Name: ____________________________ Title: ____________________________ J4, Attachment 1 Packet Page Number 117 of 127 4 503448v3 AMB MA745-4 EXHIBIT A EQUIPMENT J4, Attachment 1 Packet Page Number 118 of 127 AGENDA REPORT TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, EEDD Director DATE: July 17, 2017 SUBJECT: Consider Approval of Agreement for Services for the Removal of the Solar Panels at the MCC Introduction Staff is requesting approval to enter into an Agreement for Services for the Removal of the Solar Panels at the MCC. Staff is reaching out to companies in the area that are reputable and work in the solar power industry and have the capabilities to remove the solar array installation at the MCC. A copy of the agreement is attached for your review. Staff also worked to determine that if the solar panels were to be permanently removed, is there anything the City can do to re-purpose them. To understand the City’s prospects of ensuring reuse of the equipment, staff and the City Attorney have been working with Mr. Duane Hebert, Director of Community Solar, Novel Energy Solutions, to flesh out these details. Novel Energy Solutions was founded in 2012 with a mission of working with clients to help make sense of available clean energy technologies, utilities incentives, government programs and financing options. Novel Energy Solutions works with clients including private companies, schools, non-profits, government entities, and agriculture related businesses from design to installation. As was discussed in more detail at the work session earlier, the solar panels which were installed as part of the City’s project were produced by a company called TenKsolar, which has since filed for bankruptcy protection. It has been widely reported that TenKsolar is winding down its business operations, and it will not be able to fulfill its original 20-year warranty. Due to this turn of events, City staff believes that the highest and best use for these panels, if removed, would be to recycle them for parts for use with other solar arrays, while retaining various spare parts for the city’s other solar array. Mr. Hebert contacted three solar developers/installers who have experience and working knowledge of TenKsolar products. All three companies, Cedar Creek Energy, Integrated Power Systems, and Applied Energy Innovations agreed that the best use for these panels and related equipment is for spare parts for other locations where TenKsolar components were used. Staff is reaching out to these three companies (listed above) and others to enter into a contract for the removal of the solar panels and related equipment at the MCC. The agreement will require the company to remove these panels and equipment by September 1, 2017 and perform this service at no cost to the City. If it’s determined that there is some level of cost involved with the removal of these solar panels, and if these costs exceed $20,000, staff will bring this item back to the City Council for reconsideration. The YMCA would like to start the roof replacement project the first week of September. It’s worth noting that the City received at least one quote in the past which indicated that the removal of these solar panels and equipment could cost as much as $30,000 or more. The City will retain ten solar panels and two inverters for replacement parts for the ground mounted solar array at City Hall. J5 Packet Page Number 119 of 127 Budget If approved, the solar panels and related equipment would be removed from the roof of the MCC at no cost to the City. Staff will bring this item back to the City Council for approval if the costs exceed $20,000. Monies are available in the MCC operating budget (Community Center Building Maintenance, 602-614) for this expense if needed. Staff allocated an additional $30,000 to the roof replacement budget for the MCC in the contract with the YMCA to cover this expense. Recommendation Staff is recommending that the City Council approve the Agreement for Services for the Removal of the Solar Panels at the MCC and authorize the City Manager and Mayor to execute the agreement. Attachments 1. Agreement for Services for the Removal of the Solar Panels at the MCC J5 AGREEMENT FOR SERVICES THIS AGREEMENT (the “Agreement”) is made this ______ day of ___________, 2017, by and between_______________, a limited liability company organized under the laws of the state of Minnesota (the “Contractor”) and the city of Maplewood, a municipal corporation under the laws of the state of Minnesota (the “City”). RECITALS A. The City owns the Maplewood Community Center (the “Facility”) which is located within the City. B. The City has entered into a long-term lease agreement with a third party to operate the Facility. C. The City previously installed solar panels and related equipment (the “Equipment”) on the roof of the Facility. D. The City and current operator of the Facility agreed to repair the roof, which requires the Equipment to be removed, and the City desires that the Equipment be permanently removed and disposed of. E. The City hereby wishes to contract with the Contractor whereby the Contractor shall remove the Equipment pursuant to the terms of this Agreement. AGREEMENT In consideration of the mutual promises and agreements contained herein, and intending to be legally bound, the parties hereby agree as follows: 1. SCOPE OF SERVICES. The Contractor will provide all personnel, equipment, supplies, and work necessary to remove the Equipment from the roof of the Facility (the “Services”). The Contractor shall complete the Services in such a manner that prevents unreasonable damage to the Equipment. The Contractor shall also remove all of the Equipment from the property, pursuant to the terms herein. The Contractor may begin performing the Services upon written notice by the City of a right to proceed, and shall complete all Services no later than September 1, 2017. 2. COMPENSATION. For the satisfactory completion of the Services, the Contractor and the City agree that the Contractor shall be entitled to take ownership of the Equipment, less the equipment listed in Exhibit A, attached hereto. The Contractor shall receive such Equipment at no cost, other the costs incurred with the removal of such Equipment from the Facility, which costs shall be the sole responsibility of the Contractor. The Equipment listed in Exhibit A represents that Equipment which the City shall retain ownership of following the Contractor’s performance of the Services herein. The Contractor shall deliver the Equipment listed in Exhibit A to the City upon removal of such Equipment from the Facility. J5, Attachment 1 Packet Page Number 121 of 127 3. INDEPENDENT CONTRACTOR. This Agreement constitutes a service contract and the Contractor is an independent contractor, not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The City will not provide any benefits of any type in connection with this Agreement, including but not limited to, health or medical insurance, worker’s compensation insurance, and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4. MATERIALS/PERMITS/COMPLIANCE. The compensation provided in this Agreement shall be inclusive of all material, permit, and waste fees, along with any other fees or costs which could have reasonably been anticipated by the Contractor, and the Contractor shall be solely responsible for such costs. The Contractor shall be solely responsible for obtaining any necessary licenses or permits for completion of the Services. The Contractor shall also be responsible for complying with all applicable laws related to the Services it provides. The Contractor shall also be solely responsible for complying with all applicable laws or regulations with respect to the disposal of the Equipment, including any materials which require special handling or disposal (e.g., hazardous materials, batteries, etc.). 5. INDEMNIFICATION. The Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees, and agents, against any and all liabilities, claims, damages, costs, judgments, and expenses (including reasonable attorney’s fees) resulting directly or indirectly from an act or omission of the Contractor, its employees, agents, officers, or employees of subcontractors, in the performance of this Agreement or by reason of the failure of the Contractor to fully perform, in any respect, all of its obligations under this Agreement. 6. INSURANCES. The Contractor shall maintain during the entire term of this Agreement workers’ compensation insurance in an amount sufficient under state law and commercial general liability insurance in the amount of no less than $1,000,000.00 per occurrence. If the Contractor is not required by law to carry workers’ compensation insurance, the Contractor may provide a written statement of exemption specifying the particular provision of Minn. Stat. § 176.041 that exempts Contractor from having to carry such coverage. 7. APPLICABLE LAW. The laws of the State of Minnesota shall govern all interpretations of this Agreement. 8. TERM AND TERMINATION. This Agreement shall be in effect as of the date first written above and shall terminate once the Services are completed and the Contractor has been paid in full. The indemnification obligation shall survive the termination of this Agreement. Either party may terminate this Agreement upon 10 days’ written notice to the other party and upon material breach. The City may also terminate this Agreement upon 10 days’ written notice if it determines the Contractor is failing to comply with the terms or conditions of this Agreement or is unreasonably delaying in providing the Services. J5, Attachment 1 9. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by the City and the Contractor. 10. ENTIRE AGREEMENT; AMENDMENTS. This Agreement, including the recitals which are incorporated herein, constitutes the entire agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it is in writing and executed by both parties. 11. SEVERABILITY. Should any part or portion of this Agreement be deemed illegal or non-binding by a court of law, the remainder of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. ____________________________________ By: Print Name: Its: CITY OF MAPLEWOOD By Nora Slawik, Mayor By: Melinda Coleman, City Manager J5, Attachment 1 Packet Page Number 123 of 127 EXHIBIT A List of Equipment Which City Shall Retain  Ten solar panels  Two inverters J5, Attachment 1 J6 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Steve Lukin Fire Chief DATE: July 18, 2017 SUBJECT: Consider Approval of Ordinance Amendment Adopting State Fire Code Appendix K Fires or Barbecues on Balconies or Patios, Section 20-67 Introduction The Maplewood Fire Department requests adopting the Minnesota State Fire Code Appendix K as related to fires or barbecues on balconies or patios as an amendment to Chapter 20, Fire Prevention and Protection, of the city code. If adopted, this amended ordinance will give us the authority to enforce safety regulations as required by Minnesota State Fire Code Appendix K. Background In the past, the City Fire Marshal has regularly required no persons shall store or use any fuel, barbecue, torch or other similar heating or lighting chemical or device on balconies or patios in any structure containing three or more dwelling units. Recently, the MN State Fire Code changed and entered “Fires or Barbecues on Balconies or Patios” under a new section in the State Fire Code as Appendix K. Due to this change, the City of Maplewood will need to adopt the new Appendix K in order to continue to ensure, enforce and regulate compliance of these multi-dwelling units. In the City of Maplewood, large portions of apartments, townhomes and other multi-dwelling units do have their own policies in place to meet this requirement, but others do not. By adopting Appendix K, the Maplewood Fire Department will be able to continue best practices for fire safety in the City. Budget Impact None. Recommendation It is recommended the City Council approve the adoption of the MN State Fire Code Appendix K Fires or Barbecues on Balconies or Patios to Chapter 20, Article III, Section 20-67 – Adoption of State Fire Code. Attachments 1. Appendix K Fires or Barbecues on Balconies or Patios 2. Ordinance Amendment Adopting Appendix K Fires or Barbecues on Balconies or Patios, Section 20-67. – Adoption of State Fire Code Packet Page Number 125 of 127 J6, Attachment 1 APPENDIX K FIRES OR BARBECUES ON BALCONIES OR PATIOS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. SECTION 1 OPEN FLAME AND FUEL STORAGE PROHIBITED 1.1 Open flame prohibited. In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet (4572 mm) of the structure. 1.2 Fuel storage prohibited. No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in Section 1.1. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building’s gas supply or electrical system and that maintain a minimum clearance of 18 inches (457 mm) on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the fire chief. J6, Attachment 2 ORDINANCE No. _____ ORDINANCE AMENDMENT ADOPTING APPENDIX K FIRES OR BARBECUES ON BALCONIES OR PATIOS, SECTION 20-67. – ADOPTION OF STATE FIRE CODE The Maplewood City Council approves the following revisions to the Maplewood Code of Ordinances: Section 1. Chapter 20, Article III, Section 20-67, is hereby amended to read as follows (additions are underlined): There is hereby adopted by the city, for the purpose of prescribing regulations governing conditions hazardous to life and property from fir e or explosion, that certain code known as the current Minnesota State Fire Code , including the provisions contained in Appendix K as they pertain to fires or barbecues on balconies or patios. This code will be self -perpetuating so when new versions of these codes are changed they would be added to the city's Code. Packet Page Number 127 of 127