HomeMy WebLinkAbout2017-11-13 City Council Meeting Packet
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday,November 13, 2017
City Hall, Council Chambers
Meeting No. 21-17
CALLTO ORDER
PLEDGE OFALLEGIANCE
ROLL CALL
Mayor’s Addresson Protocol:
“Welcometothemeeting of the Maplewood City Council.Itis our desire tokeep
all discussions civil aswework through difficult issues tonight.If you are herefor
a Public Hearing ortoaddress the City Council, pleasefamiliarize yourselfwith
the Policies andProcedures and Rules of Civility, which arelocatednearthe
entrance.Sign inwiththe City Clerk before addressingthe council.At the podium
pleasestate your nameandaddress clearly for the record. All
comments/questions shallbe posed to the Mayorand Council.The Mayor willthen
direct staff, as appropriate, to answer questions orrespondto comments.”
APPROVAL OFAGENDA
APPROVAL OF MINUTES
Approval of theOctober23, 2017 CityCouncilWorkshop Minutes
Approval of theOctober23, 2017 CityCouncil Meeting Minutes
APPOINTMENTSANDPRESENTATIONS
Administrative Presentations
Council Calendar Update
Council Presentations
Presentation by CarverSchool Principal Gena Abrahamson
Presentation by Silver Lake Improvement Association
CONSENTAGENDA–Itemsonthe Consent Agenda are considered routine and non-
controversialand are approved by one motion ofthe council.Ifacouncilmember
requests additional informationorwantsto makea comment regarding an item,thevote
should be held until the questions or comments are made then the single vote should be
taken.Ifacouncilmember objectsto an item it should be removedand acted upon as a
separate item.
Approval of Claims
Approval to Purchase Additional Trash Cartsforthe Maplewood Trash Plan
Approval ofa Resolution Authorizingthe Submittal of a Clean Energy Resource
Team Seed Grant Application
Approval Authorizing Purchase of Building Construction ServicesforImprovements
to Police Exercise Area
Approval of Resolutionto Certify Special Assessmentsfor Unpaid Accounts
Approval of Public Health and Environmental Health Mutual Aid Agreement
Approvalto Amend Adoption Agreementsand Plan DocumentsforMidAmerica
Administrative & RetirementSolutions Health ReimbursementArrangements (HRA)
forActive/Former Employeesand Retirees
8.Approval to Enter into Contract for Purchase of Gas and Diesel Fuel with the State
of Minnesota Fixed Price Fuel Program for 2018
9.Approval of Purchase of Single Axle Plow Truck, Public Works Department
10.Approval of Resolution Adopting 2018 Assessment Rates, Public WorksPermit
Fees and Park Availability Charges
11.Approval of Purchase of Asphalt Hot Box, Public Works Department
H.PUBLIC HEARINGS
1.Ecumen Expenditure of Bond Financed Project Sale Proceeds
a.Public Hearing 7:00 p.m.
b.Consider Resolution Consenting to and Approving the Expenditure of Sale
Proceeds for Projects in Maplewood
I.UNFINISHED BUSINESS
None
J.NEW BUSINESS
1.Consider Approval of Resolution Defining Precinct Boundaries and PollingLocations
2.Consider Modification to the City of Maplewood’s Strategic Plan Initiatives
3.Consider Approval of a Building Expansion for HaF Equipment, 1255 Cope Avenue
East
a.Conditional Use Permit Resolution
b.Design Review
4.ConsiderApproval of Kline Nissan Car Wash Addition, 3090 Maplewood Drive
North
a.Conditional Use Permit Resolution
b.Design Review
5.Consider Denial of a Sign Variance, AT&T, 3070 White Bear Avenue North
a.Sign Variance Denial Resolution
6.Consider Resolution Authorizing the Issuance, Sale, and Delivery of Multifamily
Housing Revenue Obligations –Maple Pond MDG, LP
7.Consider Approval of Resolution Adopting 2018 Utility Rates
K.AWARD OF BIDS
None
L.ADJOURNMENT
Sign language interpreters for hearing impaired persons are available for public hearings upon
request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s
Office at 651.249.2000to 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 councilmembers or citizens -unless specifically tasked by
your colleagues tospeak 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 criticalof councilmembers,
staff or others in public.
Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive.
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MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:15P.M. Monday, October 23, 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 at5:15 p.m. by Mayor Slawik.
B.ROLL CALL
Nora Slawik, MayorPresent
Marylee Abrams, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Bryan Smith, CouncilmemberPresent – Arrived at5:29 p.m.
Tou Xiong, Councilmember Present – Arrived at 5:35 p.m.
C.APPROVAL OF AGENDA
CouncilmemberAbrams moved to approve the agenda as submitted.
Seconded by CouncilmemberJuenemann Ayes – Mayor Slawik, Council
Members Abrams and
Juenemann
The motion passed.
D.UNFINISHED BUSINESS
None
E.NEW BUSINESS
1.2040 Comprehensive Plan Update Discussion
Environmental & Economic Development Director/Parks & Recreation Director Konewko
introduced the staff report. Rita Trapp, Associate with HKGi gave the updateon the 2040
Comprehensive Plan and answered questions of the council.
2.Communications Division Update
Communications Manager Joe Sheeran gave the Communications Division update and
answered questions of the council.
F.ADJOURNMENT
MayorSlawikadjourned the meetingat6:45 p.m.
October 23, 2017
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City Council Workshop Minutes
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, October 23, 2017
City Hall, Council Chambers
Meeting No. 19-17
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at7:03 p.m. by Mayor Slawik.
Mayor Slawik reported thatHealthEast Clinic and Specialty Center will be holding a
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community open house celebration withtours on Saturday, October 28.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Nora Slawik, MayorPresent
Marylee Abrams, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Bryan Smith, CouncilmemberPresent
Tou Xiong, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added to the agenda under F2 Council Presentations:
Affordable Housing Panel
Ashland Theatre Production – Elf Jr.
Opening of Chick-fil-A
Sally Awards
Hmong Year Celebration at Gethsemane
CouncilmemberJuenemann moved to approve the agenda as amended.
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of the October 9, 2017 City Council Workshop Minutes
CouncilmemberJuenemann moved to approve the October 9, 2017City Council
Workshop Minutesas submitted.
Seconded by CouncilmemberAbramsAyes – All
The motion passed.
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2.Approval of the October 9, 2017 City Council Meeting Minutes
CouncilmemberAbrams moved to approve the October 9, 2017City Council Meeting
Minutesas submitted.
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Administrative Presentations
a.Council Calendar Update
City Manager Melinda Coleman gave the update to the council calendar and other topics
of concern or interest.
2.Council Presentations
Affordable Housing Panel
Councilmember Juenemann reported on the Affordable Housing Panel forum she
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attended on Saturday, October 21.
Councilmember Juenemann reminded Maplewood residents that live in the Roseville
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Area School District to vote on Tuesday, November 7for school board members and
the bond referendum.
Ashland Theater Production – Elf Jr.
Councilmember Smithreported that in November a group of youth are putting together a
production of Elf Jr. for Ashland Productions at the Maplewood Community Center.
Opening of Chick-fil-A
Councilmember Abramsreported on development that is happing inby the Maplewood
Mall and specifically the opening of Chick-fil=A.
Sally Awards
Mayor Slawikreported on the Sally Awardsthat was presented at the Ordway Theater
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on Monday, October 16to Z Puppets Rosenschnoz and other organizations.
Hmong Year Celebration at Gethsemane
Councilmember Xiongreported on the Hmong New Year Celebrations that will take
place at Gethsemane Lutheran Church over the next three months.
3.Swearing-in Ceremony – Police Officers Emily Burt-McGregor and Rachel
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Murray
Public Safety Director Scott Nadeau gave the report on the policing program. City Clerk
Andrea Sindt swore in Officer Emily Burt-McGregor and Officer Rachel Murray.
4.Presentation by Roseville Schools Superintendent Aldo Sicoli
Aldo Sicoli, Superintendent for the Roseville Area Schools addressed the council to give
the presentation on the state of the Roseville Area Schools.
5.Approval of Proclamation for Longtime Maplewood Business Owner, John
Schmelz
Jonthan Schmelz spoke of his father’s passing. Councilmember Juenemann read the
proclamation for John Schmelz.
CouncilmemberJuenemann moved to approvethe proclamation for Longtime
Maplewood Business Owner, John Schmelz
Seconded by CouncilmemberAbramsAyes – All
The motion passed.
G.CONSENT AGENDA
It was requested that consent agenda items G4, G6 and G11 be highlighted.
CouncilmemberAbrams moved to approve agendaitem G1-12.
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
1.Approval of Claims
CouncilmemberAbrams moved toapprove the Approval of Claims.
ACCOUNTS PAYABLE:
$ 191,494.42 Checks # 100444 thru #100483
dated 10/10/17
$ 660,677.99 Disbursements via debits to checking account
dated 10/2/17 thru 10/6/17
$ 334,000.82 Checks #1004485 thru #100518
dated 10/06/2017 thru 10/17/2017
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$ 283,611.38 Disbursements via debits to checking account
dated 10/10/17 thru 10/13/17
$ 1,469,784.61 Total Accounts Payable
PAYROLL:
$ 522,274.51 Payroll Checks and Direct Deposits dated 10/06/17
$ 1,337.68 Payroll Deduction check # 99102881 thru # 99102883 dated 10/06/07
$ 523,612.19 Total Payroll
$ 1,993,396.80 GRAND TOTAL
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
2.Approval of a Conditional Use Permit Review, Costco, 1431 Beam
CouncilmemberAbrams moved to approve to review the conditional use permit again in
one year for Costco, 1431 Beam Avenue.
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
3.Approval of a Conditional Use Permit Review, Hill Murray, 2625 Larpenteur
Ave
Councilmember Abrams moved to approve to review the conditional use permit for Hill
Murray, 2526 Larpenteur again only if a problem arises or a major change is proposed.
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
4.Approval of a Conditional Use Permit Review for Conifer Ridge, 3105
Kennard, 3090 Hazelwood, and 3080 Hazelwood
Councilmember Abrams moved to approve the Conditional Use Permit Review for
Conifer Ridge, 3105 Kennard, 3090 Hazelwood and 3080 Hazelwood; and review the
project again in one year.
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
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5.Approval of a Conditional Use Permit Review, Xcel Substation, 1480 County
Road D
CouncilmemberAbrams moved to approve Xcel continue to provide city staff with an
annual wood and chip removal activities report in October; and the conditional use
permit will be reviewed again only if a problem arises or a major change is proposed.
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
6.Approval of the 2018 SCORE Funding Grant Application
Councilmember Abrams moved to approve the submittal of the 2018 SCORE Funding
Grant Application to Ramsey County.
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
7.Approval of a Resolution Accepting Donations to the City of Maplewood for
the City Employee Picnic
Councilmember Abrams moved to approve resolution accepting donations to the City of
Maplewood for the city employee picnic.
Home Depot – The Green Team prize included an energy efficiency bucket full of
items to help save energy in the home. Retail cost was $74.75. Home Depot
discounted the purchase by 65 percent, which resulted in a donation of $48.59.
Bachman’s – Straw bales were purchased at Bachman’s and used for decorations at
the employee picnic andthen moved to the Edgerton Community Garden to serve as
ground cover for the crops. Retail cost was $99.90. Bachman’s discounted the
purchase by 15 percent, which resulted in a donation of $19.98.
Oakley Biesanz – Naturalist Oakley Biesanz donated a Nutribullet. Retail cost
approximately $80.00.
Lynette Power –Naturalist Oakley Biesanz’s mother donated artwork titled Blue
Heron Art.
Anonymous – An anonymous donor donated a Yankee Candle and $100 gift card to
Macy’s.
Resolution 17-10-1502
Acceptance of Donation
WHEREAS the City of Maplewood has received donations from Home Depot,
Bachman’s, Oakley Biesanz, Lynette Powers, and an Anonymous donor for the
employee picnic held on September 14, 2017.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood CityCouncil
authorizes the City of Maplewood to accept these donations.
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Seconded by CouncilmemberSmith Ayes – All
The motion passed.
8.Approval of Joint Powers Agreement Renewal for the Ramsey County Violent
Crime Enforcement Team (RCVCET)
Councilmember Abrams moved to approve the Joint Powers Agreement with the
Ramsey County Violent Crimes Enforcement Team (RCVCET).
Seconded by CouncilmemberSmithAyes – All
The motion passed.
9.Approval of Resolution for Receipt of Special Assessment Deferment
Paperwork Relating to City Projects 16-12 Pond-Dorland Area Street
Improvements and 16-13 Hillwood-Crestview Area Pavement Rehabilitation
CouncilmemberAbrams moved to approvethe Resolution for Receipt of Special
Assessment Deferment Paperwork Relating to City Project 16-12 Pond-Dorland Area
Street Improvements and City Project 16-13 Hillwood-Crestview Area Pavement
Rehabilitation.
Resolution 17-10-1503
Receipt of Special Assessment Deferment Paperwork
City Projects16-12 (Pond-Dorland) and CityProject 16-13 (Hillwood-Crestview)
WHEREAS, pursuant to resolutions passed by the City Council on April 24, 2017,
the assessment roll for the Pond-Dorland Area Street Improvement, City Project 16-12,
and Hillwood-Crestview Area Pavement Rehabilitation, City Project 16-13, was
presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, property owners filed objections to their assessments according to
the requirements of Minnesota Statutes, Chapter 429, and the City Council granted
deferral requests according to the Resolution Adopting the Revised Assessment Rolls
for subject projects on May 8, 2017 with the condition that the necessary be submitted to
the City and approved.
WHEREAS, the necessary paperwork and forms were returned by three property
owners as follows for City Project 16-12:
1)427 Dorland Road South (granted a senior citizen and financial hardship deferral
which equates to $1,613.00 and will come due with accumulated interest at the end
of the deferral period)
2)1211 Dorland Road South (granted undeveloped property deferral on 1 of 2 units
which equates to $3,450.00 and granted a revision of assessment for the property’s
frontage along Dorland Road, recognizing past investment into the street
infrastructure which equates to $3,575.00)
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3)2352 Dorland Lane East (granted a senior citizen deferral which equates to $806.50
and will come due with accumulated interest at the end of the deferral period)
WHEREAS, the necessary paperwork and forms were returned by three property
owners as follows for City Project 16-13:
4)535 Crestview Drive South (granted undeveloped property deferral on 1 of 2 units
which equates to $3,450.00)
5)2380 Oakridge Drive East (granted undeveloped property deferral on 1 of 2 units
which equates to $3,450.00)
6)2416 Teakwood Drive E (granted a senior citizen deferral which equates to
$3,450.00 and will come due with accumulated interest at the end of the deferral
period)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA that assessment deferrals listed herewith are ratified
and approved based on paperwork that was submitted to the City in accordance with the
original resolution adopted on April 24, 2017. And furthermore the City Engineer and/or
City Clerk are hereby instructed to make the following adjustments to the assessment
rolls in accordance to the original resolutions adopted on May 8, 2017 for City Projects
16-12 and 16-13.
City Project16-12
1.Parcel 12-28-22-23-0225 – Judith R. McDonough, 427 Dorland Road South. It is
currently proposed that the property be assessed for 1 unit at a rate of $1,613.00.
Ms. McDonough is requesting a senior citizen or financial hardship deferral.
Staff recommendation is to grant a senior citizen and financial hardship deferral upon
approval of necessary paperwork. If approved, the deferral will be for a period of 15
years. Interest will accrue at a rate of 4 percent during the deferral period and the
assessment will become due with accumulated interest at the end of the deferral
period.
2.Parcel 24-28-22-22-0013 – Elmer and Mary Guetschoff, 1211 Dorland Road South.
It is currently proposed that the property be assessed for 2 units at a rate of
$3,450.00 forthe undeveloped portion off of Boxwood Avenue and $6,600.00 for the
developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are
requesting a cancellation of assessment for the Boxwood Avenue portion of their
assessment and a revision of the Dorland Road portion of their assessment.
Staff recommendation is to deny the request for cancellation of assessment for the
undeveloped portion of the property off of Boxwood Avenue, as the property is being
assessed per the City’s assessment Policy andthe assessment does not exceed the
benefit to the property. Staff however recommends granting an undeveloped
property deferral for the undeveloped portion of the property off of Boxwood Avenue
(1 unit). If approved, the undeveloped property deferral will be for a period of 15
years. Interest will accrue at a rate of 4 percent during the deferral period. If
improvements are made to the undeveloped property within the deferral period, the
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assessment will become due with accumulated interest. If no improvements are
made during the 15-year deferral period, the assessment would be terminated.
Staff recommendation is to grant a revision of assessment for the property’s frontage
along Dorland Road, recognizing past investment into the street infrastructure. The
road was previously improved along fifty-five linear feet of the property’s Dorland
Road frontage as part of City Project 87-19 to include concrete curb and gutter and a
full-urban street section. Staff recommends reducing the assessment utilizing a ratio
of the remaining unimproved frontage to the entire property frontage (65-feet/120-
feet). This results in a revised assessment amount for the Dorland road frontage of
$3,575.00.
3.Parcel 12-28-22-23-0320 – William J. Mathison, 2352 Dorland Lane East. It is
currently proposed that the property be assessed for 1 unit at a rate of $806.50. Mr.
Mathison is requesting a senior citizen deferral.
Staff recommendation is to grant a senior citizen deferral upon approval of necessary
paperwork. If approved, the deferral will be for a period of 15 years. Interest will
accrue at a rate of 4 percent during the deferral period and the assessment will
become due with accumulated interest at the end of the deferral period.
City Project 16-13
1.Parcel 12-28-22-31-0033 – Kenneth R. Bennett, 535 Crestview Drive South. It is
currently proposed that the property be assessed for 2 units at a rate of $3,450.00
per unit. Mr. Bennett is requesting an undeveloped property deferral for the
undeveloped portion of his property.
Staff recommends granting an undeveloped property deferral for the undeveloped
portion of the property (1 unit). If approved, the undeveloped property deferral will be
for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral
period. If improvements are made to the undeveloped property within the deferral
period, the assessment will become due with accumulated interest. If no
improvements are made during the 15-year deferral period, the assessment would
be terminated.
2.Parcel 12-28-22-31-0032 – Joan and Mark Strobel, 2380 Oakridge Drive East. It is
currently proposed that the property be assessed for 2 units at a rate of $3,450.00
per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for
the undeveloped portion of their property.
Staff recommends granting an undeveloped property deferral for the undeveloped
portion of the property (1 unit). If approved, the undeveloped property deferral will be
for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral
period. If improvements are made to the undeveloped property within the deferral
period, the assessment will become due with accumulated interest. If no
improvements are made during the 15-year deferral period, the assessment would
be terminated.
3.Parcel 12-28-22-31-0049 – Richard and Antonia Morgan, 2416 Teakwood Drive
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East. It is currently proposed that the property be assessed for 1 unit at a rate of
$3,450.00. Mr. and Mrs. Morgan are requesting a senior citizen deferral.
Staff recommendation is to grant a senior citizen deferral upon approval of necessary
paperwork. If approved, the deferral will be for a period of 15 years. Interest will
accrue at a rate of 4 percent during the deferral period and the assessment will
become due with accumulated interest at the end of the deferral period.
Seconded by CouncilmemberSmithAyes – All
The motion passed.
10.Approval of Purchase of One Half-Ton Truck, Public Works Department
CouncilmemberAbrams moved to approve the purchase of the one half-ton truck and
direct the City Manager and Mayor to enter into a contract with Ranger GMC for this
purchase under MN State Contract #70287 in an amount totaling $22,829.49.
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
11.Approval of Installation of Stop Signs at Conway Avenue and Carlton Street
Councilmember Abrams moved to approve the recommendation for the intersection of
Conway Avenue and Carlton Street to be signed as an all-way stop and all appropriate
signs to be installed.
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
12.Approval of Resolution Accepting the Labor-Management Committee’s (LMC)
Recommendation for Employee Insurance Benefits for 2018
Councilmember Abrams moved to approve resolution for employee insurance benefits
for 2018.
Resolution 17-10-1504
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
Hereby affirms the recommendations of the Labor Management Committee regarding
2018 employee insurance benefits for the City of Maplewood.
Seconded by CouncilmemberSmith Ayes – All
The motion passed.
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H.PUBLIC HEARINGS
None
I.UNFINISHED BUSINESS
None
J.NEW BUSINESS
1.Consider Approval of an On-Sale Intoxicating Liquor and Sunday Sales
License for McGoldrick, Inc d/b/a Admiral’s, 3001 White Bear Avenue, Space
#27
City Clerk Andrea Sindt gave the staff report. Jennifer Lewis, Managerwith Maplewood
Mall and Brian McGoldrick, Owner of Admiral’s gave additional informationand
answered questions of the council.
CouncilmemberAbramsmoved to approvethe issuance of an On-Sale Intoxicating
Liquor and Sunday Sales license for McGoldrick, Inc d/b/a Admiral’s at 3001 White Bear
Avenue, Space #27, contingent upon satisfactory results of building, fire and health
inspections.
Seconded by CouncilmemberSmithAyes – All
The motion passed.
2.Discussion of Purchase Offer for Londin Lane Fire Station
a.Intent to Close Meeting (§13D.05 subd. 3c)
City Manager Melinda Coleman gave the staff report.
CouncilmemberAbramsmoved to approve to close the regular meeting and go into
closed session to consider a purchase offer on the Londin Lane Fire Station located at
2501 Londin Lane pursuant to Minnesota Statutes Section 13D.05,Subd. 3c.
Seconded by CouncilmemberJuenemannAyes – All
The motion passed.
Mayor Slawik closed the meeting at 8:27 p.m.
Mayor Slawik called the meeting back to order at 8:47 p.m.
The following were present during the closed meeting: Mayor Slawik, Council Members
Abrams, Juenemann, Smith and Xiong; City Manager Melinda Coleman, City Attorney
Ron Batty and Environmental & Economic Development Director DuWayne Konewko.
Councilmember Abrams gave a brief summary of the closed meeting.
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K.AWARD OF BIDS
None
L.ADJOURNMENT
Mayor Slawikadjourned the meeting at8:52 p.m.
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MEMORANDUM
TO:City Council
FROM: Melinda Coleman, City Manager
DATE: November 7, 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
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1.November 27
a.Workshop: Assemblies Project Review, Commissioner Interviews
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2.December 11
a.Workshop: Environmental & Economic Development Department Update,
Wakefield Community Building Update
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3.December 25
a.Council Meeting: Cancel or Re-schedule?
Council Comments
Comments regarding Workshops, Council Meetings or other topics of concern or interest.
1.Results of Tobacco Survey- completed
2.Rental Licensing Survey (EEDD/Police Coordination) – in progress
3.Report on City Comparables for School Resource Officer (costs and staffing levels) –
Report will be sent out in FYI on 11/17/17
4.Review of Tiny Houses – See FYI 10/6/17
5.Hillcrest Golf Course Status – See FYI 10/6/17
6.Mancheski Property Status – See FYI 10/6/17
7.Camping Trailers Occupancy Issue – See FYI 10/13/17
Budget Impact
None
Recommendation
No action required.
Attachments
None.
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MEMORANDUM
TO:City Council
FROM:Lois Knutson, Administrative Services & Performance Measurement Coordinator
DATE: November 7, 2017
SUBJECT: Presentation by Carver School Principal Gena Abrahamson
Introduction & Background
Principal Gena Abrahamson will be presenting an update to the Maplewood City Council on all
of the great work and accomplishments at Carver School.
Budget Impact
None.
Recommendation
No action required.
Attachments
None.
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MEMORANDUM
TO:City Council
FROM:Andrea Sindt, City Clerk
DATE:November 7, 2017
SUBJECT:Presentation by Silver Lake Improvement Association
Introduction & Background
Representatives from the Silver LakeImprovement Association will presentinformation about
Silver Laketo the Maplewood City Council.
Budget Impact
None.
Recommendation
No action required.
Attachments
None.
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MEMORANDUM
Melinda Coleman, City Manager
TO:
FROM:Ellen Paulseth, Finance Director
November 7, 2017
DATE:
SUBJECT:Approval of Claims
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:
$139,144.61Checks #100519 thru #100549
dated 10/24/17
$489,866.99Disbursements via debits to checking account
dated 10/16/17 thru 10/20/17
$1,327,210.94Checks # 100550 thru # 100601
dated 10/31/17
$383,839.10Disbursements via debits to checking account
dated 10/23/17 thru 10/27/17
$304,727.18Checks #100602 thru # 100635
dated 11/07/17
$295,792.72Disbursements via debits to checking account
dated 10/30/17 thru 11/03/17
$2,940,581.54Total Accounts Payable
PAYROLL
$527,617.87Payroll Checks and Direct Deposits dated 10/20/17
$1,769.83Payroll Deduction check # 99102900 thru # 99102903
dated 10/20/17
$538,478.53Payroll Checks and Direct Deposits dated 11/03/17
$1,187.68Payroll Deduction check # 99102922 thru # 99102924
dated 11/03/17
$1,069,053.91Total Payroll
$4,009,635.45GRAND TOTAL
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.
Attachments
Packet Page Number 17 of 332
G1, Attachments
Check Register
City of Maplewood
10/19/2017
CheckDateVendorDescriptionAmount
10051910/24/201703759HOTSYMINNESOTA.COMREPAIR POWER WASHER-STATION #1471.04
10052010/24/201700687HUGO'S TREE CARE INCTREE TRIMMING & REMOVAL1,575.00
10/24/201700687HUGO'S TREE CARE INCTREE REMOVAL 2669 BRAND950.00
10/24/201700687HUGO'S TREE CARE INCTREE REMOVALS & TRIMMING650.00
10/24/2017PAETEC/WINDSTREAM
10052101819LOCAL PHONE SERVICE 09/15 - 10/14720.80
10/24/2017PATRICK TROPHIES
10052201941MEDALS FOR SOCCER307.32
10/24/2017RAMSEY COUNTY-PROP REC & REV
10052301337911 DISPATCH SERVICES - SEPTEMBER30,993.07
10/24/2017RAMSEY COUNTY-PROP REC & REV
01337CAD SERVICES - SEPTEMBER6,099.63
10/24/2017RAMSEY COUNTY-PROP REC & REV
01337FLEET SUPPORT FEES - SEPTEMBER542.88
10/24/2017RAMSEY COUNTY-PROP REC & REV
01337FLEET SUPPORT FEES - SEPTEMBER505.44
10/24/2017T A SCHIFSKY & SONS, INC
10052401574BITUMINOUS MATERIALS~7,047.16
10/24/2017T A SCHIFSKY & SONS, INC
01574BITUNIMOUS MATERIALS~5,137.28
10/24/2017T A SCHIFSKY & SONS, INC
01574BITUMINOUS MATERIALS~3,897.00
10/24/2017T A SCHIFSKY & SONS, INC
01574BITUNIMOUS MATERIALS~1,889.40
10/24/2017T A SCHIFSKY & SONS, INC
01574BITUMINOUS MATERIALS~261.04
10/24/2017TRANS-MEDIC
10052504192EMS BILLING - AUGUST5,190.00
10/24/2017TRANS-MEDIC
04192EMS BILLING - SEPTEMBER5,130.00
10/24/2017XCEL ENERGY
10052601190ELECTRIC & GAS UTILITY2,215.39
10/24/2017XCEL ENERGY
01190ELECTRIC & GAS UTILITY183.62
10/24/2017XCEL ENERGY
01190FIRE SIRENS54.99
10/24/2017YMCA
10052705761EMPLOYEE MEMBERSHIPS - JULY1,801.00
10/24/2017YMCA
05761EMPLOYEE MEMBERSHIPS - AUGUST1,471.00
10/24/2017YMCA
05761EMPLOYEE MEMBERSHIPS - JUNE1,075.00
10/24/2017YMCA
05761EMPLOYEE MEMBERSHIPS - SEPTEMBER1,074.00
10/24/2017AMHERST H. WILDER FOUNDATION
10052805630EVALUATION ACTIVITIES PMT#210,000.00
10/24/2017CAR WASH PARTNERS
10052905806PD VEH CLEANING/DETAILING-SEPT169.99
10/24/2017GERTENS
10053005577PLANT MATERIALS - RAIN GARDENS1,673.50
10/24/2017GRAINGER
10053103971REPLACEMENT PARTS - S FIRE STATION123.82
10/24/2017HILLCREST ANIMAL HOSPITAL PA
10053202263ANIMAL IMPOUNDS & SRVS - SEPTEMBER365.00
10/24/2017HOISINGTON KOEGLER GROUP INC
10053303330COMPREHENSIVE PLAN SRVS - SEPT14,420.18
10/24/2017KEEPRS, INC.
10053405760STINGER STREAMLIGHT BATTERY20.59
10/24/2017KENNEDY & GRAVEN CHARTERED
10053502137ATTORNEY FEES-CABLE MATTERS-AUG419.97
10/24/2017KEVIN TRAMM CONSTRUCTION INC.
10053602628ESCROW RELEASE-2655 ENGLISH ST N3,506.68
10/24/2017NM CLEAN 1, LLC
10053705804VEHICLE WASHES - SEPTEMBER78.47
10/24/2017NM CLEAN 1, LLC
05804VEHICLE WASHES - AUGUST67.26
10/24/2017CITY OF NORTH ST PAUL
10053801175MONTHLY UTILITIES - SEPTEMBER4,721.25
10/24/2017CITY OF NORTH ST PAUL
01175FIBER OPTIC ACCESS CHG - OCTOBER1,000.00
10/24/2017NORTHERN TECHNOLOGIES, LLC826.00
10053904507PROJ 16-12 PROF SRVS 9/1 - 9/30
10054010/24/201700001ONE TIME VENDORREFUND E KAISER - MUSIC IN THE BARN14.00
10054110/24/201705153PENGUIN MANAGEMENT, INC.VOICE NOTIFICATION 11/1/17 - 4/30/18774.00
10054210/24/201705103PERFORMANCE PLUS LLCGAS MASK FIT TESTING - C ABEL45.00
10/24/2017PHYSIO-CONTROL, INC.
10054301261REUSABLE SENSOR767.55
10/24/2017PHYSIO-CONTROL, INC.
01261EMS REPORTING SOFTWARE - SEPT738.67
10/24/2017PHYSIO-CONTROL, INC.
01261EMS REPORTING SOFTWARE - OCT738.67
10/24/2017PAUL SCHNELL
10054405850PARTICIPATION ARBITRATION HEARINGS725.00
10/24/2017SKB ENVIRONMENTAL
10054505265DISPOSAL OF TIMBERS-GLOSTER PARK110.58
10/24/2017CHRISTINE SOUTTER
10054601488POLLINATOR PROGRAM - CARVER68.75
10/24/2017ST PAUL, CITY OF
10054701836PROJ 16-12 POND-DORLAND STREET IMP6,876.37
10/24/2017ST PAUL, CITY OF
01836RADIO MAINT & SRVS - AUGUST740.00
10/24/2017ST PAUL, CITY OF
01836LABOR/EQUIP-SIGNALS AFTON SCHOOL272.00
10/24/2017ST PAUL, CITY OF
01836RADIO MAINT & SRVS - AUGUST88.00
10/24/2017MIKE TURNBULL
10054805842FIRE MARSHAL SERVICES 06/19 - 07/06551.25
10/24/2017US BANK
10054902464FUNDS FOR CITY HALL ATM10,000.00
139,144.61
Checks in this report.
31
Packet Page Number 18 of 332
G1, Attachments
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
DatePayeeDescriptionAmount
10/16/2017MN State TreasurerDrivers License/Deputy Registrar81,854.32
10/16/2017MN Dept of RevenueMN Care Tax8,100.00
10/16/2017MN Dept of Natural ResourcesDNR electronic licenses231.50
10/17/2017MN State TreasurerDrivers License/Deputy Registrar66,405.17
10/18/2017MN State TreasurerDrivers License/Deputy Registrar49,074.64
10/18/2017Delta DentalDental Premium2,237.81
10/19/2017MN State TreasurerDrivers License/Deputy Registrar78,603.58
10/20/2017MN State TreasurerDrivers License/Deputy Registrar122,650.79
10/20/2017MN Dept of Natural ResourcesDNR electronic licenses296.00
10/20/2017Optum HealthDCRP & Flex plan payments45.51
10/20/2017US Bank VISA One Card*Purchasing card items35,291.11
10/20/2017MN Dept of RevenueFuel Tax312.93
10/20/2017MN Dept of RevenueSales Tax336.00
10/20/2017ICMA (Vantagepointe)Deferred Compensation4,374.00
10/20/2017Labor UnionsUnion Dues4,174.56
10/20/2017MidAmerica - INGHRA Flex plan14,199.99
10/20/2017MN State TreasurerState Payroll Tax21,679.08
489,866.99
*Detailed listing of VISA purchases is attached.
Packet Page Number 19 of 332
G1, Attachments
Transaction DatePosting DateMerchant NameTransaction AmountName
10/01/201710/03/2017MENARDS MAPLEWOOD MN$8.54PAUL BARTZ
10/06/201710/09/2017AMAZON MKTPLACE PMTS$2.70REGAN BEGGS
09/28/201710/02/2017JOHNNY'S SELECTED SEED$134.00OAKLEY BIESANZ
09/30/201710/02/2017FACEBK CJDEFBWFN2$52.80NEIL BRENEMAN
09/25/201710/02/2017LOEFFLER SHOES$179.95TROY BRINK
10/02/201710/04/2017LITTLE CAESARS 1456 0006$91.01DANIEL BUSACK
09/29/201710/02/2017SPS COMPANIES #1$142.59SCOTT CHRISTENSON
09/29/201710/02/2017ACE SUPPLY CO INC$123.50SCOTT CHRISTENSON
10/10/201710/11/2017G&K SERVICES AR$208.24SCOTT CHRISTENSON
10/10/201710/11/2017HENRIKSEN ACE HDWE$32.96SCOTT CHRISTENSON
10/12/201710/13/2017HENRIKSEN ACE HDWE$7.18SCOTT CHRISTENSON
10/04/201710/06/2017BOUND TREE MEDICAL LLC$1,303.60PAUL E EVERSON
10/05/201710/09/2017BOUND TREE MEDICAL LLC$23.99PAUL E EVERSON
10/11/201710/13/2017BOUND TREE MEDICAL LLC$344.51PAUL E EVERSON
09/30/201710/02/2017HILTON GARDEN INN MANKATO$263.90SHANN FINWALL
10/10/201710/12/2017CARIBOU COFFEE CO #1152$10.89SHANN FINWALL
10/11/201710/12/2017ST PAUL AREA CHAMBER OF C$70.00SHANN FINWALL
09/30/201710/02/2017IACA$30.00CASSIE FISHER
10/10/201710/11/2017G&K SERVICES AR$94.27CASSIE FISHER
10/02/201710/04/2017THE HOME DEPOT #2801$64.67MYCHAL FOWLDS
10/06/201710/09/2017VZWRLSS*APOCC VISB$8,167.64MYCHAL FOWLDS
10/10/201710/11/2017AT&T*BILL PAYMENT$33.25MYCHAL FOWLDS
09/29/201710/02/2017IDU*INSIGHT PUBLIC SEC$379.44NICK FRANZEN
09/30/201710/02/2017IDU*INSIGHT PUBLIC SEC$636.41NICK FRANZEN
10/01/201710/02/2017THAWTE$1,499.00NICK FRANZEN
10/07/201710/09/2017IDU*INSIGHT PUBLIC SEC$121.03NICK FRANZEN
09/28/201710/02/2017THE HOME DEPOT #2801$74.52TAMARA HAYS
09/29/201710/02/2017GRUBER'S POWER EQUIPMENT$31.90TAMARA HAYS
10/09/201710/11/2017MENARDS OAKDALE MN$35.13TAMARA HAYS
10/10/201710/12/2017THE HOME DEPOT #2801$10.12TAMARA HAYS
09/27/201710/04/2017FEDEXOFFICE 00000828$120.48LINDSAY HERZOG
10/03/201710/04/20171-800-PACK-RAT (L010)$199.03ANN HUTCHINSON
10/04/201710/06/2017WINDSCAPE INC$146.50ANN HUTCHINSON
10/07/201710/09/20171-800-PACK-RAT (L010)$198.74ANN HUTCHINSON
10/10/201710/11/2017G&K SERVICES AR$7.71ANN HUTCHINSON
10/02/201710/04/2017THE HOME DEPOT #2801$32.59DAVID JAHN
10/03/201710/04/2017TRADEMARK HARDWARE$190.99DAVID JAHN
10/04/201710/05/2017FEDEX 787946020444$10.77JUSTIN JAMES
10/04/201710/05/2017FEDEX 900210978332$2.67JUSTIN JAMES
10/10/201710/11/2017CUB FOODS #1599$31.96JUSTIN JAMES
10/05/201710/06/2017AMAZON.COM AMZN.COM/BILL$269.04MEGHAN JANASZAK
10/09/201710/11/2017CHILI S GRILL & BAR 305$118.43LOIS KNUTSON
10/11/201710/13/2017OFFICE DEPOT #1090$155.29LOIS KNUTSON
10/09/201710/10/2017DIRECTPROMOTIONALS$150.00GINA KUCHENMEISTER
10/09/201710/10/2017THOMSON WEST*TCD$404.25DAVID KVAM
10/12/201710/13/2017CUB FOODS #1599$12.47DAVID KVAM
09/29/201710/02/2017MENARDS MAPLEWOOD MN$22.16STEVE LUKIN
09/29/201710/02/2017MINNESOTA STATE FIRE CHIE$375.00STEVE LUKIN
10/01/201710/02/2017AIRGASS NORTH$35.20STEVE LUKIN
10/03/201710/03/2017COMCAST CABLE COMM$2.25STEVE LUKIN
10/04/201710/05/2017AIRGASS NORTH$171.63STEVE LUKIN
10/04/201710/05/2017AIRGASS NORTH$188.78STEVE LUKIN
10/05/201710/06/2017ASPEN MILLS INC.$268.45STEVE LUKIN
10/05/201710/06/2017ASPEN MILLS INC.$105.90STEVE LUKIN
10/05/201710/06/2017COSTCO WHSE #1021$408.02STEVE LUKIN
Packet Page Number 20 of 332
G1, Attachments
10/05/201710/06/2017EMERGENCY APPARATUS MAINT$937.01STEVE LUKIN
10/06/201710/09/2017EMERGENCY AUTOMOTIVE$122.13STEVE LUKIN
10/10/201710/11/2017EMERGENCY APPARATUS MAINT$467.25STEVE LUKIN
10/12/201710/13/2017ASPEN MILLS INC.$131.95STEVE LUKIN
10/12/201710/13/2017ASPEN MILLS INC.$137.55STEVE LUKIN
09/28/201710/02/2017MANKATO CITYCNTR HOTEL$98.69MIKE MARTIN
10/03/201710/04/2017CENTURY COLLEGE-BO$220.00MICHAEL MONDOR
10/03/201710/04/2017CENTURY COLLEGE-BO$150.00MICHAEL MONDOR
10/03/201710/04/2017CENTURY COLLEGE-BO$70.00MICHAEL MONDOR
10/03/201710/04/2017CENTURY COLLEGE-BO$825.00MICHAEL MONDOR
10/06/201710/09/2017ROCKPORT.COM$64.40SCOTT NADEAU
09/29/201710/02/2017RED WING SHOE #727$259.24BRYAN NAGEL
10/02/201710/04/2017THE HOME DEPOT #2801$44.24JOHN NAUGHTON
10/03/201710/04/2017RED WING SHOE #727$276.22JOHN NAUGHTON
10/09/201710/11/2017THE HOME DEPOT #2801$56.11JOHN NAUGHTON
10/10/201710/12/2017MENARDS OAKDALE MN$68.72JOHN NAUGHTON
10/12/201710/13/2017SITEONE LANDSCAPE S$55.39JOHN NAUGHTON
10/10/201710/11/2017HEJNY RENTAL INC$165.69JORDAN ORE
10/05/201710/09/2017THE HOME DEPOT #2801$35.91ROBERT PETERSON
09/28/201710/02/2017TERMINAL SUPPLY-MINN$27.88STEVEN PRIEM
10/02/201710/03/2017AUTO PLUS-LITTLE CANADA$36.72STEVEN PRIEM
10/02/201710/04/2017NUSS TRUCK GROUP INC$141.60STEVEN PRIEM
10/02/201710/04/2017LITTLE FALLS MACHINE$157.97STEVEN PRIEM
10/03/201710/04/2017POMP'S TIRE #021$215.00STEVEN PRIEM
10/04/201710/05/2017HENRIKSEN ACE HDWE$11.98STEVEN PRIEM
10/05/201710/06/2017FACTORY MOTOR PARTS #19$57.84STEVEN PRIEM
10/06/201710/09/2017AN FORD WHITE BEAR LAK$24.97STEVEN PRIEM
10/06/201710/09/2017AN FORD WHITE BEAR LAK$31.82STEVEN PRIEM
10/10/201710/11/2017AUTO PLUS-LITTLE CANADA$72.48STEVEN PRIEM
10/10/201710/12/2017AN FORD WHITE BEAR LAK$1,083.91STEVEN PRIEM
10/10/201710/12/2017AN FORD WHITE BEAR LAK$304.60STEVEN PRIEM
10/10/201710/12/2017KREMER SERVICES$537.60STEVEN PRIEM
10/11/201710/12/2017AN FORD WHITE BEAR LAK($585.00)STEVEN PRIEM
10/11/201710/12/2017FACTORY MOTOR PARTS #19$180.42STEVEN PRIEM
10/11/201710/12/2017FACTORY MOTOR PARTS #19$173.13STEVEN PRIEM
10/11/201710/12/2017SQ *TWIN CITIES TRA$95.00STEVEN PRIEM
10/12/201710/13/2017FACTORY MOTOR PARTS #19$31.97STEVEN PRIEM
10/12/201710/13/2017FACTORY MOTOR PARTS #19$2.66STEVEN PRIEM
10/12/201710/13/2017AUTO PLUS-LITTLE CANADA$169.90STEVEN PRIEM
10/04/201710/05/2017AVNGATE*MOVAVI.COM$93.10MICHAEL RENNER
10/04/201710/05/2017AMAZON.COM$85.80MICHAEL RENNER
10/05/201710/06/2017AMAZON MKTPLACE PMTS$22.45MICHAEL RENNER
10/10/201710/11/2017AMAZON MKTPLACE PMTS$590.56MICHAEL RENNER
10/10/201710/11/2017AMAZON MKTPLACE PMTS$39.92MICHAEL RENNER
10/10/201710/11/2017AMAZON MKTPLACE PMTS$789.90MICHAEL RENNER
10/12/201710/13/2017AMAZONPRIME MEMBERSHIP($99.00)MICHAEL RENNER
10/09/201710/10/2017CTC*CONSTANTCONTACT.COM$95.00AUDRA ROBBINS
10/02/201710/04/2017WEBER AND TROSETH INC$147.55ROBERT RUNNING
10/12/201710/13/2017LILLIE SUBURBAN NEWSPAPER$213.51DEB SCHMIDT
09/28/201710/02/2017ON SITE SANITATION INC$58.00SCOTT SCHULTZ
10/02/201710/04/2017SPOK INC$16.11SCOTT SCHULTZ
10/04/201710/05/2017GALLUP INC$69.00SCOTT SCHULTZ
10/07/201710/09/2017G&K SERVICES AR$568.49SCOTT SCHULTZ
10/09/201710/11/2017ON SITE SANITATION INC$2,000.00SCOTT SCHULTZ
10/09/201710/10/2017BCA TRAINING EDUCATION$25.00STEPHANIE SHEA
10/06/201710/06/2017GALLS$3,511.35MICHAEL SHORTREED
Packet Page Number 21 of 332
G1, Attachments
10/06/201710/09/2017STORCHAK CLEANERS$16.26MICHAEL SHORTREED
10/06/201710/09/2017STORCHAK CLEANERS$44.40MICHAEL SHORTREED
10/06/201710/09/2017SPRUCE TREE PARKING RAMP$3.00MICHAEL SHORTREED
10/09/201710/10/2017CORPORATE MARK INC.$164.90MICHAEL SHORTREED
10/09/201710/11/2017#4210 ORACLE / AT&T$12.48MICHAEL SHORTREED
10/09/201710/10/2017IN *RECYCLING ASSOCIATION$300.00CHRIS SWANSON
09/28/201710/02/2017DORCY INTERNATIONAL$139.80PAUL THIENES
09/29/201710/02/2017AMAZON MKTPLACE PMTS$182.01PAUL THIENES
10/03/201710/04/2017COSTCO WHSE #1021$36.92PAUL THIENES
10/07/201710/09/2017JIMMY JOHNS # 574$41.70PAUL THIENES
10/04/201710/06/2017LUBE-TECH 1$108.36JEFF WILBER
10/03/201710/04/2017ACT*ATOM$475.00TAMMY WYLIE
10/04/201710/05/2017FEDEX 247165831$11.76TAMMY WYLIE
10/04/201710/05/2017BCA TRAINING EDUCATION$250.00TAMMY WYLIE
10/04/201710/05/2017BCA TRAINING EDUCATION$250.00TAMMY WYLIE
10/04/201710/05/2017BCA TRAINING EDUCATION$250.00TAMMY WYLIE
10/06/201710/09/2017THE UPS STORE 2171$13.78TAMMY WYLIE
$35,291.11
Packet Page Number 22 of 332
G1, Attachments
Check Register
City of Maplewood
10/30/2017
CheckDateVendorDescriptionAmount
10055010/31/201705114BOLTON & MENK, INC.PROJ 16-25 STERLING ST BRIDGE3,660.50
10055110/31/201705028ENERGY ALTERNATIVES SOLAR, LLCCITY HALL SOLAR SYSTEM LEASE-OCT397.00
10055210/31/201701949GARY L FISCHLER & ASSOC PACONSULTATION- HEALTH CHECK-INS740.00
10055310/31/201703759HOTSYMINNESOTA.COMSOPA - PW NORTH PRESSURE WASHER223.20
10055410/31/201702506HUNT ELECTRIC CORPREPAIR LIFT STATION 18588.79
10055510/31/201702728KIMLEY-HORN & ASSOCIATES INCWAKEFIELD PARK IMPROVE-NEW BLDG4,477.50
10055610/31/201700985METROPOLITAN COUNCILWASTEWATER - NOVEMBER262,873.85
10055710/31/201704316CITY OF MINNEAPOLIS RECEIVABLESAUTO PAWN SYSTEM - AUGUST799.20
10/31/201704316CITY OF MINNEAPOLIS RECEIVABLESAUTO PAWN SYSTEM - AUGUST798.30
10/31/201704316CITY OF MINNEAPOLIS RECEIVABLESAUTO PAWN SYSTEM - SEPTEMBER695.70
10/31/201704316CITY OF MINNEAPOLIS RECEIVABLESAUTO PAWN SYSTEM - AUGUST-799.20
10055810/31/201701202NYSTROM PUBLISHING CO INCMAPLEWOOD LIVING,SEASONS-OCT9,317.63
10/31/201701202NYSTROM PUBLISHING CO INCBUSINESS ENGAGEMENT PROG 2017495.78
10055910/31/201705647OPG-3, INC.LASERFICHE USER LICENSES4,562.95
10056010/31/201701409S E HPROJ 16-12 DORLAND STORMWATER18,478.66
10/31/201701409S E HPROJ 17-02 NATURE CTR IMPROVEMENTS1,268.00
10/31/201701409S E HPROJ 17-01 MUNICIPAL BLDG IMPROV1,018.00
10/31/201701409S E HGENERAL TRANSPORTATION SERVICES717.82
10056110/31/201705488SUN LIFE FINANCIALPREMIUM - LIFE,LTD,STD - NOVEMBER7,824.81
10056210/31/201704845TENNIS SANITATION LLCRECYCLING FEE - SEPT/CITY WIDE RECY42,831.25
10056310/31/201705305TOSHIBA FINANCIAL SERVICES (1)CONTRACT 500-0380041154.85
10/31/201705305TOSHIBA FINANCIAL SERVICES (1)CONTRACT 500-039505268.47
10/31/201705305TOSHIBA FINANCIAL SERVICES (1)CONTRACT 500-039506564.98
10056410/31/201701190XCEL ENERGYELECTRIC & GAS UTILITY8,383.98
10056510/31/201705761YMCACOMM ENGAGEMENT BREAKFAST-MCC164.00
10056610/31/201705854ACCELA INC.SUBSCRIPTION-ACCELA CIVIC PLATFORM49,500.00
10056710/31/201704848AVESISMONTHLY PREMIUM - NOVEMBER330.52
10056810/31/201704150CENTERLINE CHARTER CORPBUS SVC - POLLINATOR ED FIELD TRIP226.09
10056910/31/201705786COLONIAL LIFE PROCESSING CTRMONTHLY PREMIUM BCN:E4677316-OCT302.06
10057010/31/201705844DART PORTABLE STORAGERENTAL FOR STORAGE POD90.00
10057110/31/201705500E S A B AMEMBERSHIP 2017245.00
10057210/31/201700462EMBEDDED SYSTEMS, INC.REPAIR TO TORNADO SIREN #7125.00
10057310/31/201701401FIRST STUDENT INCBUS SVC - POLLINATOR ED FIELD TRIP228.00
10057410/31/201704123FRIENDS OF MAPLEWOOD NATURECHARITABLE GAMBLING1,700.00
10057510/31/201705313GRAPHIC DESIGN, INC.BUSINESS CARD ORDERS200.23
10057610/31/201702154INDEPENDENT SCHOOL DIST 625BUS SVC - POLLINATOR ED FIELD TRIPS333.00
10057710/31/201702137KENNEDY & GRAVEN CHARTEREDATTORNEY FEES - SEPTEMBER11,975.46
10/31/201702137KENNEDY & GRAVEN CHARTEREDATTORNEY FEES-CABLE MATTERS-SEPT105.00
10057810/31/201705855KUE CONTRACTORS INC.PROJ 17-02 NATURE CTR IMPROVEMENTS83,788.10
10057910/31/201700857LEAGUE OF MINNESOTA CITIES2017-2018 MEMBERSHIP DUES25,853.00
10058010/31/201703818MEDICAMONTHLY PREMIUM - NOVEMBER174,669.80
10058110/31/201701089MN UC FUNDQTR UNEMPLOYMENT - 3RD QTR16,710.47
10058210/31/201705752MY SIDEWALK, INC.YEARLY SUBSCRIPTION PMT - 20172,000.00
10058310/31/201705853NATIONAL RESEARCH CENTER INC.COMMUNITY SURVEY9,800.00
10058410/31/201701126NCPERS MINNESOTAMONTHLY PREMIUM - NOVEMBER448.00
10058510/31/201705356NORTH SUBURBAN ACCESS CORPWEBSTREAMING SRVS - SEPT1,087.68
10/31/201705356NORTH SUBURBAN ACCESS CORPVIDEOGRAPHER SRVS - SEPT961.40
10/31/201705356NORTH SUBURBAN ACCESS CORPTECHNICAL & GRAPHIC SUPPORT75.00
10058610/31/201702903PARK CONSTRUCTION COPROJ 16-12 POND-DORLAND PMT#2546,850.81
10058710/31/201705103PERFORMANCE PLUS LLCGAS MASK FIT TESTING - V ERICKSON45.00
10058810/31/201705667PROTEK LIGHTING SOLUTIONS LLCLED UPGRADES-OUTDOOR AREA PW3,390.00
10058910/31/201700396MN DEPT OF PUBLIC SAFETYCJDN ACCESS FEE - 3RD QTR JULY-SEPT1,920.00
10059010/31/201700396MN DEPT OF PUBLIC SAFETYTRANSFER TITLE FORFEITED VEHICLE20.75
Packet Page Number 23 of 332
G1, Attachments
10059010/31/201700396MN DEPT OF PUBLIC SAFETYTRANSFER TITLE FORFEITED VEHICLE20.75
10059110/31/201702008RAMSEY COUNTY PUBLIC WORKSSTREET STRIPING~17,195.72
10059210/31/201702001CITY OF ROSEVILLEPHONE SERVICE - SEPTEMBER2,699.17
10059310/31/201701418SAM'S CLUB DIRECTCONCESSIONS395.82
10/31/201701418SAM'S CLUB DIRECTSUPPLIES FOR 5K27.56
10059410/31/201704074ELAINE SCHRADETAI CHI INSTRUCTION 10/11 - 12/13630.00
10059510/31/201705176T-MOBILE USASERVICE ASSOCIATED CN#17025185102.00
10059610/31/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-011420.87
10/31/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-004295.71
10/31/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-003291.12
10/31/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-005278.09
10/31/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-002265.01
10/31/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-013227.73
10/31/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-001224.16
10/31/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-012107.90
10/31/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-01092.14
10059710/31/201705842MIKE TURNBULLFIRE MARSHAL SERVICES 07/12 - 07/31472.50
10059810/31/201701669TWIN CITIES TRANSPORT &TOWING OF VEHICLES100.00
10059910/31/201703419VERSA-LOK RETAINING WALL SYSBLACK DIRT-GOODRICH BALL FIELDS209.65
10/31/201703419VERSA-LOK RETAINING WALL SYSBLACK DIRT-HAZELWOOD SOCCER FIELD119.80
10/31/201703419VERSA-LOK RETAINING WALL SYSSAND-KOHLMA PLAYGROUND68.85
10060010/31/201701771CITY OF WHITE BEAR LAKEROOM RENTAL-PD MEETING100.00
10060110/31/201705705TERRI WOLDJANITORIAL SERVICES - SEPTEMBER80.00
1,327,210.94
52Checks in this report.
Packet Page Number 24 of 332
G1, Attachments
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
DatePayeeDescriptionAmount
10/23/2017MN State TreasurerDrivers License/Deputy Registrar19,706.11
10/23/2017U.S. TreasurerFederal Payroll Tax101,683.86
10/23/2017P.E.R.A.P.E.R.A.106,516.08
10/23/2017Empower - State PlanDeferred Compensation29,500.00
10/24/2017MN State TreasurerDrivers License/Deputy Registrar32,287.53
10/25/2017MN State TreasurerDrivers License/Deputy Registrar14,165.20
10/25/2017Delta DentalDental Premium1,461.79
10/26/2017MN State TreasurerDrivers License/Deputy Registrar34,911.41
10/27/2017MN Dept of Natural ResourcesDNR electronic licenses1,646.50
10/27/2017MN State TreasurerDrivers License/Deputy Registrar41,417.29
10/27/2017Optum HealthDCRP & Flex plan payments543.33
383,839.10
Packet Page Number 25 of 332
G1, Attachments
Check Register
City of Maplewood
11/03/2017
CheckDateVendorDescriptionAmount
10060211/07/201702149HEIDI CAREYGRAPHIC DESIGN SERVICES - OCT4,000.00
10060311/07/201705598KELLY & LEMMONS, P.A.PROSECUTION SERVICES - SEPTEMBER16,250.00
10060411/07/201702728KIMLEY-HORN & ASSOCIATES INC2040 COMPREHENSIVE PLAN UPDATE6,415.64
10060511/07/201701202NYSTROM PUBLISHING CO INCMAPLEWOOD LIVING - NOVEMBER6,360.24
11/07/2017RAMSEY COUNTY-PROP REC & REV
10060601337MULCH FOR PUBLIC WORKS DEPT630.00
11/07/2017ROSENBAUER MINNESOTA, LLC
10060701886NEW TRUCK CHASSIS225,502.00
11/07/2017XCEL ENERGY
10060801190ELECTRIC UTILITY15,360.69
11/07/2017XCEL ENERGY
01190ELECTRIC UTILITY1,159.94
11/07/2017XCEL ENERGY
01190ELECTRIC UTILITY821.24
11/07/2017XCEL ENERGY
01190ELECTRIC UTILITY175.08
11/07/2017XCEL ENERGY
01190GAS UTILITY157.05
11/07/2017XCEL ENERGY
01190ELECTRIC UTILITY77.30
11/07/2017XCEL ENERGY
01190ELECTRIC UTILITY50.01
11/07/2017XCEL ENERGY
01190GAS UTILITY44.11
11/07/2017XCEL ENERGY
01190ELECTRIC UTILITY15.32
11/07/2017XCEL ENERGY
01190ELECTRIC UTILITY14.94
11/07/2017ZIEGLER INC.
10060901805REPAIR GENERATOR FOR FIRE DEPT298.34
11/07/2017DALE BOETTCHER
10061001869VOLLEYBALL REFEREE 09/27 - 10/27216.00
11/07/2017DON BOWMAN
10061101865VOLLEYBALL ASSIGNMENTS 9/27 - 10/2781.00
11/07/2017KAREN MARIE BOWMAN
10061204886VOLLEYBALL ASSIGNMENTS 09/27 - 10/27666.00
11/07/2017BRUCE A BROWN
10061305847VOLLEYBALL REFEREE 09/27 - 10/27324.00
11/07/2017CENTER FOR ENERGY/ENVIRONMENT
10061405759MCC IMPROVEMENTS6,555.00
11/07/2017CINTAS CORPORATION #470
10061505369ULTRA CLEAN SRVS - CITY HALL588.80
11/07/2017CINTAS CORPORATION #470
05369CLEANING SUPPLIES-CH/PD/PW/PM94.97
11/07/2017ROBERT COLEMAN SR
10061605591VOLLEYBALL REFEREE 09/27 - 10/27162.00
11/07/2017KENNETH COOPER
10061701871VOLLEYBALL REFEREE 09/27 - 10/27324.00
11/07/2017EMERGENCY RESPONSE SOLUTIONS
10061805283FF BOOTS312.14
11/07/2017KATHLEEN GRAEN
10061905852VOLLEYBALL REFEREE 09/27 - 10/2781.00
11/07/2017GUARDIAN SUPPLY
10062005668ARMORSKIN EXTERNAL VEST CARRIER6,217.50
11/07/2017PATRICK JAMES HUBBARD
10062103538VOLLEYBALL REFEREE 09/27 - 10/27405.00
11/07/2017JERRY JOHNSON
10062204950VOLLEYBALL REFEREE 09/27 - 10/27243.00
11/07/2017LEAGUE OF MINNESOTA CITIES
10062300857MMA MEMBERSHIP 09/01/17 - 08/31/1830.00
11/07/2017POMP'S TIRE SERVICE, INC.
10062405802NEW DRIVE TIRES FOR TRUCK #5392,197.96
11/07/2017EUGENE E. RICHARDSON
10062504432VOLLEYBALL REFEREE 09/27 - 10/27405.00
11/07/2017CARL SAARION
10062602663VOLLEYBALL REFEREE 09/27 - 10/2781.00
11/07/2017RICH SCHELL
10062705120VOLLEYBALL REFEREE 09/27 - 10/27324.00
10062811/07/201705498RICHARD A. SCHMIDTVOLLEYBALL REFEREE 09/27 - 10/27162.00
10062911/07/201701823ST CROIX RECREATIONPROTECTIVE PADS - KOHLMAN PARK713.50
10063011/07/201700198ST PAUL REGIONAL WATER SRVSWATER UTILITY4,188.61
10063111/07/201705800STRENGTHSWISE LLCSTAFF TRAINING1,869.00
11/07/2017UNIVERSAL ATHLETIC SERVICE INC
10063205815BASKETBALLS FOR INTRO TO BBALL442.80
11/07/2017US BANK
10063302464PAYING AGENT FEES225.00
11/07/2017MARK WEBER
10063401872VOLLEYBALL REFEREE 09/27 - 10/27162.00
11/07/2017JOANN WILSON
10063505755VOLLEYBALL REFEREE 09/27 - 10/27324.00
304,727.18
Checks in this report.
34
Packet Page Number 26 of 332
G1, Attachments
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
DatePayeeDescriptionAmount
10/30/2017MN State TreasurerDrivers License/Deputy Registrar14,389.52
10/31/2017MN State TreasurerDrivers License/Deputy Registrar78,723.00
10/31/2017MN Dept of RevenueFuel Tax25.00
11/1/2017MN State TreasurerDrivers License/Deputy Registrar56,974.11
11/2/2017MN State TreasurerDrivers License/Deputy Registrar28,688.08
11/2/2017Pitney BowesPostage2,000.00
11/3/2017MN State TreasurerDrivers License/Deputy Registrar32,486.01
11/3/2017MN Dept of Natural ResourcesDNR electronic licenses139.00
11/3/2017US Bank VISA One Card*Purchasing card items38,801.82
11/3/2017Optum HealthDCRP & Flex plan payments397.03
11/3/2017ICMA (Vantagepointe)Deferred Compensation4,374.00
11/3/2017Labor UnionsUnion Dues2,300.46
11/3/2017MidAmerica - INGHRA Flex plan14,193.77
11/3/2017MN State TreasurerState Payroll Tax22,300.92
295,792.72
*Detailed listing of VISA purchases is attached.
Packet Page Number 27 of 332
G1, Attachments
Transaction DatePosting DateMerchant NameTransaction AmountName
10/18/201710/19/2017OLD LOG THEATRE$517.00JOSHUA ABRAHAM
10/12/201710/16/2017RED WING SHOE #727$220.99DAVE ADAMS
10/24/201710/25/2017MILLS FLEET FARM 2700$19.99DAVE ADAMS
10/13/201710/16/2017OFFICE DEPOT #1090$117.47REGAN BEGGS
10/17/201710/19/2017VERITIV EXPRESS$940.73REGAN BEGGS
10/17/201710/19/2017VERITIV EXPRESS$553.37REGAN BEGGS
10/17/201710/19/2017VERITIV EXPRESS$110.67REGAN BEGGS
10/17/201710/19/2017VERITIV EXPRESS$170.76REGAN BEGGS
10/16/201710/17/2017B&H PHOTO 800-606-6969$1,995.62CHAD BERGO
10/16/201710/17/2017B&H PHOTO 800-606-6969$1,477.59CHAD BERGO
10/13/201710/16/2017PAYPAL *MNATURALIST$65.00OAKLEY BIESANZ
10/13/201710/16/2017PAYPAL *MNATURALIST$140.00OAKLEY BIESANZ
10/24/201710/25/2017AMAZON.COM$16.17OAKLEY BIESANZ
10/24/201710/25/2017AMAZON.COM$31.16OAKLEY BIESANZ
10/24/201710/25/2017AMAZON MKTPLACE PMTS$5.25OAKLEY BIESANZ
10/24/201710/26/2017MENARDS MAPLEWOOD MN$94.68OAKLEY BIESANZ
10/20/201710/23/2017HALF BARREL$20.14RON BOURQUIN
10/21/201710/23/2017THYME RESTAURANT AND L$19.82RON BOURQUIN
10/21/201710/23/2017HOLIDAY INN$257.78RON BOURQUIN
10/19/201710/20/2017BUILDER'S BOOK, INC.$207.10JASON BRASH
10/20/201710/23/2017CUSTOMINK LLC$254.40NEIL BRENEMAN
10/24/201710/25/2017TARGET 00011858$25.73NEIL BRENEMAN
10/26/201710/27/2017OAKDALE RENTAL CENTER$214.00TROY BRINK
10/17/201710/19/2017THE HOME DEPOT #2801$12.90BRENT BUCKLEY
10/13/201710/16/2017THE HOME DEPOT #2801$10.84SCOTT CHRISTENSON
10/18/201710/18/2017NNA SERVICES LLC$31.00THERESA CORCORAN
10/19/201710/20/2017IN *ENCOMPASS TELEMATICS,$676.00KERRY CROTTY
10/19/201710/23/2017DOLAN CONSULTING GROUP$195.00KERRY CROTTY
10/21/201710/23/2017THE HOME DEPOT #2801$21.38PAUL E EVERSON
10/25/201710/27/2017THE HOME DEPOT #2801$40.71PAUL E EVERSON
10/17/201710/17/2017COMCAST CABLE COMM$2.25MYCHAL FOWLDS
10/23/201710/23/2017COMCAST CABLE COMM$140.92MYCHAL FOWLDS
10/25/201710/26/2017AMAZON.COM AMZN.COM/BILL$111.28MYCHAL FOWLDS
10/25/201710/26/2017CAN*CANONFINANCIAL CFS$331.57MYCHAL FOWLDS
10/25/201710/26/2017ELECTRO WATCHMAN INC$1,021.55MYCHAL FOWLDS
10/25/201710/27/2017US INTERNET CORP$394.00MYCHAL FOWLDS
10/27/201710/27/2017APL*APPLE ONLINE STORE$632.00MYCHAL FOWLDS
10/27/201710/27/2017APL*APPLE ONLINE STORE$5,832.00MYCHAL FOWLDS
10/27/201710/27/2017APL*APPLE ONLINE STORE$1,272.00MYCHAL FOWLDS
10/22/201710/23/2017APL*APPLE ONLINE STORE$170.73NICK FRANZEN
10/22/201710/23/2017APL*APPLE ONLINE STORE$943.83NICK FRANZEN
10/22/201710/23/2017APL*APPLE ONLINE STORE$132.39NICK FRANZEN
10/24/201710/25/2017AMAZON SERVICES-KINDLE($16.10)NICK FRANZEN
10/24/201710/25/2017AMAZON MKTPLACE PMTS$24.61NICK FRANZEN
10/24/201710/25/2017AMAZON SERVICES-KINDLE$16.10NICK FRANZEN
10/26/201710/27/2017MARRIOTT SN ANTONIO RW$830.62MICHAEL FUNK
10/18/201710/19/2017PRAIRIE MOON$1,903.11VIRGINIA GAYNOR
10/25/201710/26/2017WALGREENS #3122$8.29VIRGINIA GAYNOR
10/18/201710/19/2017AMAZON MKTPLACE PMTS$159.94ALEX GERONSIN
10/20/201710/20/2017APL*APPLE ONLINE STORE$149.00ALEX GERONSIN
10/16/201710/17/2017BATTERIES PLUS #31$167.60MARK HAAG
10/18/201710/20/2017THE HOME DEPOT #2801$3.63MARK HAAG
10/23/201710/24/2017MILLS FLEET FARM 2700$16.71MARK HAAG
10/24/201710/26/2017CONTINENTAL SAFETY EQUIP$140.00MARK HAAG
10/16/201710/17/2017MILLS FLEET FARM 2700$38.48TAMARA HAYS
10/17/201710/18/2017HENRIKSEN ACE HDWE$45.09TAMARA HAYS
10/23/201710/24/2017SITEONE LANDSCAPE S$848.40TAMARA HAYS
10/23/201710/24/2017LOWES #02315*$120.56TAMARA HAYS
10/23/201710/25/2017MENARDS OAKDALE MN$75.91TAMARA HAYS
10/25/201710/27/2017MENARDS OAKDALE MN($47.19)TAMARA HAYS
10/25/201710/27/2017MENARDS OAKDALE MN$361.14TAMARA HAYS
10/25/201710/27/2017NORTHERN TOOL EQUIP-MN$34.96TAMARA HAYS
10/17/201710/18/2017CUB FOODS #1599$54.96LINDSAY HERZOG
Packet Page Number 28 of 332
G1, Attachments
10/23/201710/24/2017MAPLEWOOD COMMUNITY CENTE$177.17LINDSAY HERZOG
10/17/201710/18/2017VL OAKDALE CONTRAC$29.95GARY HINNENKAMP
10/25/201710/26/2017HENRIKSEN ACE HDWE$15.00GARY HINNENKAMP
10/22/201710/24/2017OFFICEMAX/OFFICEDEPOT #63$98.43ANN HUTCHINSON
10/24/201710/25/2017PAYPAL *MNATURALIST$65.00ANN HUTCHINSON
10/24/201710/25/2017PAYPAL *MNATURALIST$140.00ANN HUTCHINSON
10/24/201710/26/2017MENARDS MAPLEWOOD MN$89.95ANN HUTCHINSON
10/16/201710/17/2017DALCO ENTERPRISES$489.24DAVID JAHN
10/19/201710/20/2017AMAZON MKTPLACE PMTS$33.90DAVID JAHN
10/20/201710/23/2017DALCO ENTERPRISES$170.28DAVID JAHN
10/25/201710/26/2017DALCO ENTERPRISES$17.69DAVID JAHN
10/19/201710/20/2017CHIEF SUPPLY CRM$170.82KEVIN JOHNSON
10/23/201710/24/2017CHIEF SUPPLY CRM$32.90KEVIN JOHNSON
10/19/201710/23/2017HITT MARKING DEVICES$182.09LOIS KNUTSON
10/23/201710/24/2017BAMBU ASIAN CUISINE$131.36LOIS KNUTSON
10/24/201710/25/2017SHRED-IT USA LLC$59.40LOIS KNUTSON
10/24/201710/25/2017SHRED-IT USA LLC$59.40LOIS KNUTSON
10/24/201710/25/2017SHRED-IT USA LLC$59.40LOIS KNUTSON
10/17/201710/18/2017THE UPS STORE 2171$18.23NICHOLAS KREKELER
10/24/201710/26/2017OFFICE DEPOT #1090$56.11GINA KUCHENMEISTER
10/19/201710/23/2017THYME RESTAURANT AND L$19.14MICHAEL LOCHEN
10/20/201710/23/2017HALF BARREL$18.14MICHAEL LOCHEN
10/21/201710/23/2017THYME RESTAURANT AND L$14.07MICHAEL LOCHEN
10/21/201710/23/2017HOLIDAY INN$257.78MICHAEL LOCHEN
10/19/201710/20/2017U OF M CONTLEARNING$255.00STEVE LOVE
10/20/201710/23/2017GALLUP INC$69.00STEVE LOVE
10/18/201710/19/2017AMERICAN FLAGPOLE & FLAG$263.10STEVE LUKIN
10/21/201710/23/2017REPUBLIC SERVICES TRASH$158.74STEVE LUKIN
10/16/201710/17/2017TARGET 00011858$17.16MIKE MARTIN
10/16/201710/18/2017BOUND TREE MEDICAL LLC($746.97)MICHAEL MONDOR
10/20/201710/23/2017EB 2017 SNOW AMP ICE$22.09BRYAN NAGEL
10/21/201710/23/2017CERTIFIED LABORATORIES$968.71BRYAN NAGEL
10/12/201710/16/2017MENARDS OAKDALE MN($53.44)JOHN NAUGHTON
10/16/201710/17/2017SITEONE LANDSCAPE S$283.48JOHN NAUGHTON
10/17/201710/19/2017MENARDS OAKDALE MN$59.41JOHN NAUGHTON
10/13/201710/16/2017SITEONE LANDSCAPE S$86.05JORDAN ORE
10/25/201710/26/2017SITEONE LANDSCAPE S$843.20JORDAN ORE
10/17/201710/18/2017OAKDALE RENTAL CENTER$234.00ERICK OSWALD
10/17/201710/18/2017MIKES LP GAS INC$25.96ERICK OSWALD
10/12/201710/16/2017FACTORY MOTOR PARTS #19($2.51)STEVEN PRIEM
10/12/201710/16/2017WHEELCO BRAKE &SUPPLY$90.11STEVEN PRIEM
10/12/201710/16/2017ROAD MACHINERY AND SUPPLI$202.00STEVEN PRIEM
10/13/201710/16/2017BOYER FORD TRUCKS$254.10STEVEN PRIEM
10/17/201710/18/2017BAUER BUILT TIRE 18$1,515.80STEVEN PRIEM
10/19/201710/20/2017KATH FUEL OFFICE$319.00STEVEN PRIEM
10/19/201710/20/2017FACTORY MOTOR PARTS #19$43.06STEVEN PRIEM
10/19/201710/20/2017TRI-STATE BOBCAT$21.38STEVEN PRIEM
10/23/201710/24/2017FACTORY MOTOR PARTS #19$129.18STEVEN PRIEM
10/24/201710/25/2017COMO LUBE AND SUPPLIES$63.53STEVEN PRIEM
10/24/201710/25/2017AUTO PLUS-LITTLE CANADA$85.85STEVEN PRIEM
10/25/201710/27/2017AN FORD WHITE BEAR LAK$197.73STEVEN PRIEM
10/26/201710/27/2017FACTORY MOTOR PARTS #19$31.94STEVEN PRIEM
10/26/201710/27/2017FACTORY MOTOR PARTS #19$67.99STEVEN PRIEM
10/26/201710/27/2017AUTO PLUS-LITTLE CANADA$25.70STEVEN PRIEM
10/26/201710/27/2017BAUER BUILT TIRE 18$1,686.45STEVEN PRIEM
10/26/201710/27/2017MILLS FLEET FARM 2700$397.83STEVEN PRIEM
10/26/201710/27/2017TRUCK UTILITIES INC ST PA$2.50STEVEN PRIEM
10/13/201710/16/2017SQ *LABEL LABORATORY$38.25KELLY PRINS
10/25/201710/27/2017THE HOME DEPOT #2801$17.98KELLY PRINS
10/25/201710/26/2017MINNESOTA SAFETY COUNCIL$106.14TERRIE RAMEAUX
10/13/201710/16/2017AMAZON MKTPLACE PMTS$104.22MICHAEL RENNER
10/25/201710/27/2017OFFICEMAX/OFFICE DEPOT616$99.98MICHAEL RENNER
10/25/201710/26/2017CUB FOODS #1599$28.13AUDRA ROBBINS
10/25/201710/26/2017MICHAELS STORES 2744$16.28AUDRA ROBBINS
Packet Page Number 29 of 332
G1, Attachments
10/16/201710/17/2017GRUBER'S POWER EQUIPMENT$3.30ROBERT RUNNING
10/16/201710/18/2017THE HOME DEPOT #2801$3.98ROBERT RUNNING
10/26/201710/27/2017NAPA STORE 3279016$22.99ROBERT RUNNING
10/14/201710/18/2017CINTAS 60A SAP$84.32SCOTT SCHULTZ
10/14/201710/18/2017CINTAS 60A SAP$208.96SCOTT SCHULTZ
10/15/201710/16/2017REPUBLIC SERVICES TRASH$360.48SCOTT SCHULTZ
10/25/201710/27/2017ON SITE SANITATION INC($500.00)SCOTT SCHULTZ
10/12/201710/16/2017OFFICE DEPOT #1090$74.16STEPHANIE SHEA
10/17/201710/18/2017LAW ENFORCEMENT SUPPLY$42.56STEPHANIE SHEA
10/12/201710/16/2017LITTLE VENETIAN$37.50MICHAEL SHORTREED
10/17/201710/17/2017GALLS$609.25MICHAEL SHORTREED
10/25/201710/26/2017GRAFIX SHOPPE$180.00MICHAEL SHORTREED
10/14/201710/16/2017TARGET 00011858$26.17JOSEPH STEINER
10/17/201710/18/2017EB EAGAN-2012 IBC EXT$220.00DAVID SWAN
10/17/201710/18/2017EB VADNAIS HEIGHTS-20$220.00DAVID SWAN
10/17/201710/18/2017REPUBLIC SERVICES TRASH$1,573.63CHRIS SWANSON
10/12/201710/16/2017SPARTAN PROMOTIONAL GROU$35.00PAUL THIENES
10/12/201710/16/2017SPARTAN PROMOTIONAL GROU$30.00PAUL THIENES
10/12/201710/16/2017SPARTAN PROMOTIONAL GROU$286.79PAUL THIENES
10/17/201710/17/2017ULINE *SHIP SUPPLIES$292.75TAMMY WYLIE
10/20/201710/20/2017ULINE *SHIP SUPPLIES$33.51TAMMY WYLIE
10/25/201710/25/2017ULINE *SHIP SUPPLIES$139.32TAMMY WYLIE
$38,801.82
Packet Page Number 30 of 332
G1, Attachments
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
Exp Reimb,
Severance,
Conversion
incl in Amount
CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT
10/20/17ABRAMS, MARYLEE456.30
10/20/17JUENEMANN, KATHLEEN456.30
10/20/17SLAWIK, NORA518.43
10/20/17SMITH, BRYAN456.30
10/20/17XIONG, TOU456.30
10/20/17COLEMAN, MELINDA5,852.67
10/20/17FUNK, MICHAEL5,210.65
10/20/17KNUTSON, LOIS2,802.63
10/20/17CHRISTENSON, SCOTT2,206.75
10/20/17JAHN, DAVID2,140.86
10/20/17PRINS, KELLY2,589.69
10/20/17HERZOG, LINDSAY1,474.41
10/20/17RAMEAUX, THERESE3,466.15
10/20/17OSWALD, BRENDA2,322.44
10/20/17PAULSETH, ELLEN4,789.33
10/20/17ANDERSON, CAROLE1,300.91
10/20/17DEBILZAN, JUDY2,384.19
10/20/17RUEB, JOSEPH3,935.18155.15
10/20/17ARNOLD, AJLA877.26
10/20/17BEGGS, REGAN2,051.39
10/20/17EVANS, CHRISTINE2,133.00
10/20/17LARSON, MICHELLE2,132.99
10/20/17SCHMIDT, DEBORAH3,428.97
10/20/17SINDT, ANDREA3,136.56
10/20/17HANSON, MELISSA1,491.91
10/20/17MOY, PAMELA2,123.75
10/20/17OSTER, ANDREA2,239.62
10/20/17RICHTER, CHARLENE1,698.69
10/20/17VITT, SANDRA2,051.39
10/20/17WEAVER, KRISTINE2,919.08
10/20/17CORCORAN, THERESA2,135.29
10/20/17HENDRICKS, JENNIFER1,638.40
10/20/17KVAM, DAVID4,756.85
10/20/17NADEAU, SCOTT5,468.36
10/20/17SHEA, STEPHANIE1,848.99
10/20/17SHORTREED, MICHAEL4,623.76
10/20/17WYLIE, TAMMY2,030.60
10/20/17ABEL, CLINT3,224.58
10/20/17ALDRIDGE, MARK3,746.48
10/20/17BAKKE, LONN3,585.96
10/20/17BARTZ, PAUL4,031.26
10/20/17BELDE, STANLEY3,488.96
10/20/17BENJAMIN, MARKESE3,480.26
10/20/17BERGERON, ASHLEY2,154.87
10/20/17BIERDEMAN, BRIAN4,098.34
10/20/17BURT-MCGREGOR, EMILY1,886.33
10/20/17BUSACK, DANIEL4,850.83
10/20/17CARNES, JOHN3,504.40
10/20/17CROTTY, KERRY4,357.60
10/20/17DEMULLING, JOSEPH3,567.59
Packet Page Number 31 of 332
G1, Attachments
10/20/17DUGAS, MICHAEL4,030.94
10/20/17ERICKSON, VIRGINIA3,496.67
10/20/17FISHER, CASSANDRA2,158.59
10/20/17FORSYTHE, MARCUS3,138.74
10/20/17FRITZE, DEREK3,612.84
10/20/17GABRIEL, ANTHONY4,294.32
10/20/17HAWKINSON JR, TIMOTHY3,561.89
10/20/17HER, PHENG3,796.40
10/20/17HIEBERT, STEVEN3,617.72
10/20/17HOEMKE, MICHAEL3,084.10
10/20/17JAMES JR, JUSTIN551.00
10/20/17JOHNSON, KEVIN4,104.90
10/20/17KONG, TOMMY3,283.54
10/20/17KREKELER, NICHOLAS1,192.86
10/20/17KROLL, BRETT3,254.69
10/20/17LANDEROS CRUZ, JESSICA348.00
10/20/17LANGNER, SCOTT3,224.58
10/20/17LANGNER, TODD3,715.08
10/20/17LENERTZ, NICHOLAS2,276.09
10/20/17LYNCH, KATHERINE3,352.36
10/20/17MARINO, JASON3,343.44
10/20/17MCCARTY, GLEN3,463.24
10/20/17METRY, ALESIA3,878.31
10/20/17MICHELETTI, BRIAN3,380.87
10/20/17MOE, AEH BEL377.00
10/20/17MULVIHILL, MARIA3,345.05
10/20/17MURRAY, RACHEL1,901.72
10/20/17NYE, MICHAEL3,956.97
10/20/17OLSON, JULIE3,459.48
10/20/17PARKER, JAMES3,678.96
10/20/17PETERSON, JARED2,901.00
10/20/17REZNY, BRADLEY4,781.62
10/20/17SLATER, BENJAMIN3,327.09
10/20/17STARKEY, ROBERT2,562.51
10/20/17STEINER, JOSEPH4,018.05
10/20/17SYPNIEWSKI, WILLIAM3,343.44
10/20/17TAUZELL, BRIAN3,611.44
10/20/17THIENES, PAUL4,627.22
10/20/17VANG, PAM2,743.97
10/20/17WENZEL, JAY3,344.47
10/20/17XIONG, KAO3,224.58
10/20/17XIONG, TUOYER464.00
10/20/17ZAPPA, ANDREW2,941.91
10/20/17ANDERSON, BRIAN162.97
10/20/17BAHL, DAVID419.76
10/20/17BAUMAN, ANDREW3,338.44
10/20/17BEITLER, NATHAN712.95
10/20/17BOURQUIN, RON1,050.38
10/20/17CAPISTRANT, JOHN344.52
10/20/17COREY, ROBERT176.55
10/20/17CRAWFORD - JR, RAYMOND3,330.72
10/20/17CRUMMY, CHARLES359.89
10/20/17DABRUZZI, THOMAS2,939.82
10/20/17DAWSON, RICHARD4,148.58
10/20/17EVERSON, PAUL3,500.06
10/20/17HALE, JOSEPH166.32
10/20/17HALWEG, JODI3,092.59
10/20/17HAWTHORNE, ROCHELLE3,338.76
10/20/17HUTCHINSON, JAMES39.60
10/20/17IMM, TRACY33.95
10/20/17KANE, ROBERT570.24
Packet Page Number 32 of 332
G1, Attachments
10/20/17KARRAS, JAMIE651.88
10/20/17KERSKA, JOSEPH977.78
10/20/17KONDER, RONALD821.63
10/20/17KUBAT, ERIC3,157.47
10/20/17LANDER, CHARLES2,827.01
10/20/17LINDER, TIMOTHY3,507.65
10/20/17LOCHEN, MICHAEL262.60
10/20/17MERKATORIS, BRETT526.24
10/20/17MONDOR, MICHAEL4,774.52
10/20/17MORGAN, JEFFERY36.78
10/20/17NEILY, STEVEN655.26
10/20/17NIELSEN, KENNETH598.74
10/20/17NOVAK, JEROME3,391.00
10/20/17NOWICKI, PAUL203.70
10/20/17PACHECO, ALPHONSE651.86
10/20/17PETERSON, ROBERT3,419.31
10/20/17POWERS, KENNETH3,474.09
10/20/17RODRIGUEZ, ROBERTO2,862.60
10/20/17SAUERWEIN, ADAM502.46
10/20/17SEDLACEK, JEFFREY3,257.52
10/20/17STREFF, MICHAEL4,137.96
10/20/17SVENDSEN, RONALD4,436.38
10/20/17ZAPPA, ERIC2,474.52
10/20/17CONWAY, SHAWN3,917.72
10/20/17LO, CHING1,101.12
10/20/17LUKIN, STEVEN5,214.17
10/20/17CORTESI, LUANNE2,132.60
10/20/17JANASZAK, MEGHAN2,402.01
10/20/17BRINK, TROY2,688.30
10/20/17BUCKLEY, BRENT2,427.29
10/20/17DOUGLASS, TOM1,992.09
10/20/17EDGE, DOUGLAS2,406.90
10/20/17JONES, DONALD2,463.10
10/20/17MEISSNER, BRENT2,447.29
10/20/17NAGEL, BRYAN5,673.32
10/20/17OSWALD, ERICK2,694.20
10/20/17RUIZ, RICARDO784.35
10/20/17RUNNING, ROBERT2,790.21
10/20/17TEVLIN, TODD2,453.59
10/20/17BURLINGAME, NATHAN2,812.80
10/20/17DUCHARME, JOHN3,077.52
10/20/17ENGSTROM, ANDREW3,578.69
10/20/17JAROSCH, JONATHAN3,608.19
10/20/17LINDBLOM, RANDAL3,077.51
10/20/17LOVE, STEVEN4,780.89
10/20/17ZIEMAN, SCOTT160.00
10/20/17HAMRE, MILES2,581.28
10/20/17HAYS, TAMARA2,153.93
10/20/17HINNENKAMP, GARY2,649.60
10/20/17NAUGHTON, JOHN2,429.60
10/20/17ORE, JORDAN2,207.29
10/20/17SAKRY, JASON1,915.29
10/20/17SALCHOW, CONNOR828.00
10/20/17BIESANZ, OAKLEY1,565.83
10/20/17GERNES, CAROLE1,491.66
10/20/17HER, KONNIE747.15105.40
10/20/17HUTCHINSON, ANN3,003.58
10/20/17WACHAL, KAREN1,066.49
10/20/17WOLFE, KAYLA288.00
10/20/17GAYNOR, VIRGINIA3,672.64
10/20/17JOHNSON, ELIZABETH1,905.79
Packet Page Number 33 of 332
G1, Attachments
10/20/17KONEWKO, DUWAYNE5,347.80
10/20/17KROLL, LISA2,143.29
10/20/17VANG, XAO1,076.16
10/20/17ADADE, JANE1,665.51175.00
10/20/17FINWALL, SHANN3,657.19
10/20/17MARTIN, MICHAEL3,699.07
10/20/17BRASH, JASON3,573.52
10/20/17DEWEY, MARK1,280.00
10/20/17SWAN, DAVID3,130.89
10/20/17SWANSON, CHRIS2,264.19
10/20/17WEIDNER, JAMES2,441.79
10/20/17WELLENS, MOLLY2,041.42
10/20/17ABRAHAM, JOSHUA2,185.01
10/20/17BJORK, BRANDON161.00
10/20/17BRENEMAN, NEIL2,729.93
10/20/17ETTER, LAURA60.00
10/20/17GORACKI, GERALD54.63
10/20/17KUCHENMEISTER, GINA1,850.40
10/20/17LATTIMORE, CHAQUANNA90.00
10/20/17NEUMANN, BRAD66.50
10/20/17RASMUSSEN, DANIEL37.50
10/20/17ROBBINS, AUDRA4,053.80197.79
10/20/17ROBBINS, CAMDEN299.00
10/20/17VUKICH, CANDACE120.00
10/20/17WITZMANN, CLAIRE45.00
10/20/17YANG, SHERLING36.00
10/20/17BERGO, CHAD3,537.86
10/20/17SCHMITZ, KEVIN2,058.10
10/20/17SHEERAN JR, JOSEPH3,482.66
10/20/17ADAMS, DAVID2,354.41
10/20/17HAAG, MARK3,304.61
10/20/17JENSEN, JOSEPH2,104.09
10/20/17SCHULTZ, SCOTT4,517.69
10/20/17WILBER, JEFFREY2,086.59
10/20/17WISTL, MOLLY112.00
10/20/17PRIEM, STEVEN2,739.40
10/20/17WOEHRLE, MATTHEW2,521.57
10/20/17XIONG, BOON2,061.49
10/20/17FOWLDS, MYCHAL4,324.35
10/20/17FRANZEN, NICHOLAS3,950.04
10/20/17GERONSIN, ALEXANDER2,572.90
10/20/17RENNER, MICHAEL2,290.50
9910289510/20/17ERICKSON, MOLLY45.00
9910289610/20/17KRUEGER, SCOTT50.75
9910289710/20/17SWIECH, CAITLYN150.00
9910289810/20/17SWIECH, TAYLOR180.00
9910289910/20/17VANG, DONNA183.75
527,617.87
Packet Page Number 34 of 332
G1, Attachments
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
Exp Reimb,
Severance,
Conversion
incl in Amount
CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT
11/03/17ABRAMS, MARYLEE456.30
11/03/17JUENEMANN, KATHLEEN456.30
11/03/17SLAWIK, NORA518.43
11/03/17SMITH, BRYAN456.30
11/03/17XIONG, TOU456.30
11/03/17COLEMAN, MELINDA6,352.67
11/03/17FUNK, MICHAEL5,610.65
11/03/17KNUTSON, LOIS2,802.62
11/03/17CHRISTENSON, SCOTT2,311.51
11/03/17JAHN, DAVID2,318.10
11/03/17PRINS, KELLY2,361.81
11/03/17HERZOG, LINDSAY1,489.30
11/03/17RAMEAUX, THERESE3,466.15
11/03/17OSWALD, BRENDA2,348.6526.22
11/03/17PAULSETH, ELLEN4,989.33
11/03/17ANDERSON, CAROLE1,300.91
11/03/17DEBILZAN, JUDY2,384.21
11/03/17RUEB, JOSEPH3,780.02
11/03/17ARNOLD, AJLA1,052.56
11/03/17BEGGS, REGAN2,051.39
11/03/17EVANS, CHRISTINE2,132.99
11/03/17LARSON, MICHELLE2,133.01
11/03/17SCHMIDT, DEBORAH3,428.97
11/03/17SINDT, ANDREA3,136.56
11/03/17HANSON, MELISSA1,232.70
11/03/17MOY, PAMELA2,223.27
11/03/17OSTER, ANDREA2,200.66
11/03/17RICHTER, CHARLENE1,851.91
11/03/17VITT, SANDRA2,107.55
11/03/17WEAVER, KRISTINE2,919.08
11/03/17BERG, TERESA105.00
11/03/17CORCORAN, THERESA2,135.29
11/03/17HENDRICKS, JENNIFER1,638.40
11/03/17KVAM, DAVID4,756.86
11/03/17NADEAU, SCOTT5,468.36
11/03/17SHEA, STEPHANIE1,848.99
11/03/17SHORTREED, MICHAEL4,623.76
11/03/17WYLIE, TAMMY2,030.59
11/03/17ABEL, CLINT3,224.58
11/03/17ALDRIDGE, MARK3,811.29
11/03/17BAKKE, LONN3,488.96
11/03/17BARTZ, PAUL3,835.20
11/03/17BELDE, STANLEY3,488.96
11/03/17BENJAMIN, MARKESE3,392.94
11/03/17BERGERON, ASHLEY2,077.63
11/03/17BIERDEMAN, BRIAN4,206.00
11/03/17BURT-MCGREGOR, EMILY2,092.63
11/03/17BUSACK, DANIEL5,279.65
11/03/17CARNES, JOHN3,095.79
11/03/17CROTTY, KERRY4,357.61
Packet Page Number 35 of 332
G1, Attachments
11/03/17DEMULLING, JOSEPH3,567.59
11/03/17DUGAS, MICHAEL4,030.94
11/03/17ERICKSON, VIRGINIA4,111.49
11/03/17FISHER, CASSANDRA2,158.59
11/03/17FORSYTHE, MARCUS3,095.79
11/03/17FRITZE, DEREK3,751.45
11/03/17GABRIEL, ANTHONY3,700.02
11/03/17HAWKINSON JR, TIMOTHY4,148.32
11/03/17HER, PHENG3,514.62
11/03/17HIEBERT, STEVEN3,488.96
11/03/17HOEMKE, MICHAEL1,045.04
11/03/17JAMES JR, JUSTIN464.00
11/03/17JOHNSON, KEVIN4,294.73
11/03/17KONG, TOMMY3,283.54
11/03/17KREKELER, NICHOLAS1,083.59
11/03/17KROLL, BRETT3,284.01
11/03/17LANDEROS CRUZ, JESSICA464.00
11/03/17LANGNER, SCOTT3,224.58
11/03/17LANGNER, TODD3,804.52
11/03/17LENERTZ, NICHOLAS2,141.12
11/03/17LYNCH, KATHERINE3,551.91
11/03/17MARINO, JASON3,530.558.82
11/03/17MCCARTY, GLEN3,525.95
11/03/17METRY, ALESIA3,343.44
11/03/17MICHELETTI, BRIAN4,165.01
11/03/17MOE, AEH BEL232.00
11/03/17MULVIHILL, MARIA3,152.64
11/03/17MURRAY, RACHEL2,108.02
11/03/17NYE, MICHAEL3,956.97
11/03/17OLSON, JULIE3,539.47
11/03/17PARKER, JAMES3,271.73
11/03/17PETERSON, JARED2,917.16
11/03/17REZNY, BRADLEY4,274.33
11/03/17SLATER, BENJAMIN15,842.8314,981.05
11/03/17STARKEY, ROBERT2,522.34
11/03/17STEINER, JOSEPH4,422.15
11/03/17SYPNIEWSKI, WILLIAM3,276.83
11/03/17TAUZELL, BRIAN3,276.51
11/03/17THIENES, PAUL4,403.62
11/03/17VANG, PAM2,818.19
11/03/17WENZEL, JAY3,283.54
11/03/17XIONG, KAO3,284.01
11/03/17XIONG, TUOYER464.00
11/03/17ZAPPA, ANDREW2,694.48
11/03/17ANDERSON, BRIAN614.55
11/03/17BAHL, DAVID518.76
11/03/17BASSETT, BRENT514.662.00
11/03/17BAUMAN, ANDREW4,249.09
11/03/17BEITLER, NATHAN774.09
11/03/17BOURQUIN, RON1,149.99
11/03/17CAPISTRANT, JOHN336.60
11/03/17COREY, ROBERT325.94
11/03/17CRAWFORD - JR, RAYMOND3,314.71
11/03/17CRUMMY, CHARLES288.61
11/03/17DABRUZZI, THOMAS2,939.82
11/03/17DAWSON, RICHARD3,290.17
11/03/17EVERSON, PAUL3,500.07
11/03/17HAGEN, MICHAEL750.31
11/03/17HALE, JOSEPH582.12
11/03/17HALWEG, JODI3,477.24
11/03/17HAWTHORNE, ROCHELLE3,249.75
Packet Page Number 36 of 332
G1, Attachments
11/03/17HUTCHINSON, JAMES455.40
11/03/17IMM, TRACY529.64
11/03/17JANSEN, CHAD162.97
11/03/17KANE, ROBERT760.32
11/03/17KARRAS, JAMIE814.85
11/03/17KERSKA, JOSEPH1,201.85
11/03/17KONDER, RONALD651.88
11/03/17KUBAT, ERIC3,177.48
11/03/17LANDER, CHARLES2,876.09
11/03/17LINDER, TIMOTHY3,157.47
11/03/17LOCHEN, MICHAEL683.65
11/03/17MERKATORIS, BRETT325.92
11/03/17MONDOR, MICHAEL4,774.52
11/03/17MORGAN, JEFFERY66.19
11/03/17NEILY, STEVEN709.60
11/03/17NIELSEN, KENNETH308.88
11/03/17NOVAK, JEROME3,126.37
11/03/17NOWICKI, PAUL227.49
11/03/17OPHEIM, JOHN47.52
11/03/17PACHECO, ALPHONSE424.41
11/03/17PETERSON, ROBERT3,653.39
11/03/17POWERS, KENNETH3,040.14
11/03/17RODRIGUEZ, ROBERTO2,826.63
11/03/17SAUERWEIN, ADAM101.87
11/03/17SEDLACEK, JEFFREY3,317.55
11/03/17STREFF, MICHAEL3,277.53
11/03/17SVENDSEN, RONALD3,779.43
11/03/17ZAPPA, ERIC2,511.11
11/03/17CONWAY, SHAWN3,917.72
11/03/17LO, CHING1,198.19
11/03/17LUKIN, STEVEN5,214.17
11/03/17CORTESI, LUANNE2,132.60
11/03/17JANASZAK, MEGHAN2,402.01
11/03/17BRINK, TROY3,488.16
11/03/17BUCKLEY, BRENT2,809.92
11/03/17DOUGLASS, TOM1,992.09
11/03/17EDGE, DOUGLAS2,406.90
11/03/17JONES, DONALD2,451.59
11/03/17MEISSNER, BRENT2,444.29
11/03/17NAGEL, BRYAN4,269.40
11/03/17OSWALD, ERICK2,418.92
11/03/17RUIZ, RICARDO873.29
11/03/17RUNNING, ROBERT2,731.36
11/03/17TEVLIN, TODD2,466.59
11/03/17BURLINGAME, NATHAN2,812.80
11/03/17DUCHARME, JOHN3,077.51
11/03/17ENGSTROM, ANDREW3,239.45
11/03/17JAROSCH, JONATHAN3,608.19
11/03/17LINDBLOM, RANDAL3,077.53
11/03/17LOVE, STEVEN4,980.89
11/03/17ZIEMAN, SCOTT348.00
11/03/17HAMRE, MILES446.88
11/03/17HAYS, TAMARA2,047.21
11/03/17HINNENKAMP, GARY2,649.60
11/03/17NAUGHTON, JOHN2,438.24
11/03/17ORE, JORDAN2,207.29
11/03/17SAKRY, JASON1,915.29
11/03/17SALCHOW, CONNOR920.00
11/03/17BIESANZ, OAKLEY1,867.74
11/03/17GERNES, CAROLE1,649.90
11/03/17HER, KONNIE535.50
Packet Page Number 37 of 332
G1, Attachments
11/03/17HUTCHINSON, ANN3,003.58
11/03/17WACHAL, KAREN1,066.49
11/03/17WOLFE, KAYLA666.4390.43
11/03/17GAYNOR, VIRGINIA3,672.64
11/03/17JOHNSON, ELIZABETH1,905.79
11/03/17KONEWKO, DUWAYNE5,547.80
11/03/17KROLL, LISA2,135.29
11/03/17VANG, XAO1,076.16
11/03/17ADADE, JANE1,520.87
11/03/17FINWALL, SHANN3,657.20
11/03/17MARTIN, MICHAEL3,699.07
11/03/17BRASH, JASON3,573.52
11/03/17DEWEY, MARK1,280.00
11/03/17SWAN, DAVID3,130.89
11/03/17SWANSON, CHRIS2,264.19
11/03/17WEIDNER, JAMES2,549.07
11/03/17WELLENS, MOLLY1,983.73
11/03/17ABRAHAM, JOSHUA2,184.99
11/03/17BJORK, BRANDON83.38
11/03/17BRENEMAN, NEIL2,910.32180.39
11/03/17ETTER, LAURA60.00
11/03/17KUBAT, STEPHANIE52.00
11/03/17KUCHENMEISTER, GINA1,850.41
11/03/17LATTIMORE, CHAQUANNA45.00
11/03/17MOUA, KHATTALYNNAH36.00
11/03/17NEUMANN, BRAD90.25
11/03/17ROBBINS, AUDRA4,013.30157.29
11/03/17ROBBINS, CAMDEN276.00
11/03/17SMITH, SUMNER54.00
11/03/17VUKICH, CANDACE94.00
11/03/17BERGO, CHAD3,353.99
11/03/17SCHMITZ, KEVIN2,058.12
11/03/17SHEERAN JR, JOSEPH3,482.66
11/03/17ADAMS, DAVID2,354.42
11/03/17HAAG, MARK2,674.82
11/03/17JENSEN, JOSEPH2,104.09
11/03/17SCHULTZ, SCOTT4,234.32
11/03/17WILBER, JEFFREY2,138.19
11/03/17WISTL, MOLLY301.00
11/03/17PRIEM, STEVEN2,731.10
11/03/17WOEHRLE, MATTHEW2,505.40
11/03/17XIONG, BOON2,055.29
11/03/17FOWLDS, MYCHAL4,524.35
11/03/17FRANZEN, NICHOLAS4,098.30
11/03/17GERONSIN, ALEXANDER2,601.50
11/03/17RENNER, MICHAEL2,692.60
9910291711/03/17ERICKSON, MOLLY90.00
9910291811/03/17KRUEGER, SCOTT54.38
9910291911/03/17SWIECH, CAITLYN45.00
9910292011/03/17SWIECH, TAYLOR90.00
9910292111/03/17VANG, DONNA97.50
538,478.53
Packet Page Number 38 of 332
G2
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Chris Swanson,Environmental and City Code Specialist
DATE: November 1, 2017
SUBJECT:Approval to Purchase Additional Trash Carts for the Maplewood Trash Plan
Introduction
The City needs to purchase additional trash carts to be used in the Maplewood Trash Program.
Currently, there are no extra ninety-five gallon carts or sixty-five gallon carts stored at Republic
Inver Grove Heights Facility.
Background
On November 28, 2011, the City Council authorized the execution of acontract between the City
of Maplewood and Republic Services.The contract was for city-wide residential trash collection.
The contract required that the City purchase and own the trash carts, with the Contractor
responsible for assembly, distribution, maintenance, and inventory.
On February 13, 2012, the City Council authorized a one-time waiver to the City of Maplewood
Purchasing Procedure to allow the City to purchase trash carts through a cooperative
purchasing company which met the requirements of state statute.
In 2012 City staff received quotes from four of the major cart manufacturers. The quotes were
based on pricing through two different cooperative purchasing companies including the Houston-
Galveston Area Council (HGAC) and the National Intergovernmental Purchasing Alliance
Company.
On November 27,2012, the City Council authorized the execution into contract with Otto
Environmental Systems N.A., Inc. for the purchase of 10,330 carts.
On March 23, 2016, the city council executed a Purchase Agreement with Otto Environmental
Systems N.A. Inc. in the amount of $26,257.10 for the purchase of 550 additional trash carts to
be used in the Maplewood Trash Program.
Discussion
Since the rollout of the Maplewood Trash Plan in 2012, some of the original carts have been
damaged or, for various reasons, have gone missing. Otto has issued a warranty credit to the
city for damaged carts that were recovered by Republic but some carts have not been
recovered. There is an expected attrition rate for trash carts. To cover the costs of the program,
more specifically the purchase of additional trash carts when the need arises,Republic charges
every trash account an additional $.75 cart fee per month and remits that amount back to the
City.
In late 2017, the City was notified that there was a need to purchase additional carts as the carts
on hand for a few sizes is low. The size of the carts needed is sixty-five and ninety-five gallon
Packet Page Number 39 of 332
G2
carts. The sixty-five and ninety-five gallon carts are the most frequently used size of carts. The
previous purchase of 550 sixty-five and ninety-five gallon carts was for $26,257. There are a
certain number of carts that will need to be replaced every year but we were seeing a higher
than expected failure rate on some of the original carts. To address this, staff has increased the
thickness of the carts with the hope of increasing the durability.
City Purchasing Policy requires at least two bids for purchases over $10,000. Staff requested
bids from Otto (Attachment 1) and Rehrig Pacific Company (Attachment 2) for additional carts.
uring of the trash carts is $2,509 less than the bid from Rehrig. Because
Otto is the original vendor, the new carts will look the same as those already in use with the
trash plan.
Budget Impact
The total cost for the purchase of the additional 550 carts will be $24,470.30. The cost will be
Trash Cart Purchasing fund. The cost breakdown is as follows:
Item #Item DescriptionQuantityUnit Price
95 gallonCart for trash280$42.36
($11,860.80)
65 gallon Cart for trash270$39.85
($10,759.50)
Sub-total$22,620.30
Freight 1 loads$1850$1850
ea.
Total for carts and freight applicable taxes
$24,470.30total
apply
Recommendation
Staff recommends the City Council approve entering into a Purchase Agreement with Otto
Environmental Systems N.A. Inc. for the purchase of 550additional trash carts to be used in the
Maplewood Trash Program.
Attachments
1. Otto Trash Cart Quote
2. Rehrig Trash Cart Quote
Packet Page Number 40 of 332
G2, Attachment 1
OTTO QUOTATION
DATE 10.16.2017
TO Chris Swanson FROM Juli Applegate
COMPANY City of Maplewood COMPANY Otto Environmental Systems
12700 General Drive
Charlotte, NC 28273
PHONE OFFICE
FAX MOBILE 704-941-1808
CSR Heather McClimen 704-583-5214
Thank you for your intere-wheel carts.
All of our carts are custom manufactured by color you select, hot stamp, lid stamp markings are
available as well.
95 gallon cart - $42.36
65 gallon cart - $39.85
Estimated Freight 1 load - $1850
Thank you for your consideration of containers manufactured by Otto. I certainly hope for the
opportunity to provide you our products.
Please let me know if you have any questions.
Best regards,
Juli Applegate
Area Sales Manage
704-891-1808
japplegate@otto-usa.com
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G2, Attachment 2
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G3
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Shann Finwall, AICP, Environmental Planner
DATE: November 6, 2017
SUBJECT:Approval of a Resolution Authorizing the Submittal of a Clean Energy Resource
Team Seed Grant Application
Introduction
The Clean Energy Resource Teams (CERTs) are a statewide partnership with a shared mission
to connect individuals and their communities to the resources they need to identify and
implement community-based clean energy projects. Yearly CERTs offers seed grants for energy
efficiency and renewable energy projects. The primary objectives for the funding are to:
Encourage the implementation of community-based energy efficiency and renewable
energy projects.
Spur projects that are highly visible in their community and replicable by others.
Provide a forum for community education about energy efficiency and renewable energy
technologies and their many benefits.
Each region has $20,000 in funding for technical assistance, with most projects receiving
$5,000 to $8,000 on average. Projects are funded for calendar year 2018.
Background
In 2016-The City
adopted the Energize Maplewood! Energy Action Plan which focused on two areas of energy
outreach: 1) Direct energy programs and coaching for local businesses; and 2) City-wide
education and outreach campaigns to motivate local residents to reduce their energy impacts.
In 2017 the Environmental and Natural Resources Commission reviewed and has
recommended reducing
encouraging and supporting renewable energy. Those goals will be reviewed by the
Comprehensive Plan Steering Committee and City Council over the next few months.
Discussion
Re-Energize Maplewood! will include a partnership with Pale Blue Dot LLC, Center for Energy
and Environment (CEE), and the Minnesota Chamber of Commerce Energy Smart Program.
Re-Energize Maplewood! is the
energy goals andEnergize Maplewood! energy action plan by:
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G3
Providing solar feasibility, benefits, and funding information follow-up to homes and
businesses who previously participated in energy actions outlined in the Energize
Maplewood! Energy Action Plan.
Expanding the program for residents through outreach and renewable energy concept
development for low-income manufactured home communities combined with Home
Energy Squad services through our project partner CEE.
Expanding the program for businesses by identifying the top 40 solar sites in the City,
provide site-specific solar feasibility, benefits, and funding information along with energy
efficiency services through our project partner Energy Smart.
Maplewood has applied for a CERT Seed Grant in the amount of $10,000. Grant funds would
be used to pay the consulting firm Pale Blue DOT for research and design on the feasibility of
solar for low income homes, commercial, and two manufactured home communities.
Maplewood and Pale Blue DOT would offer $3,000 in-kind for staff time to coordinate the grant
and do outreach for the program.
Budget Impact
The $10,000 grant will be used to pay for technical assistance for the Re-Energize Maplewood!
program. Maplewood will offer $3,000 in-kind for staff time to coordinate the grant and do
outreach for the program. No matching funds are required as part of the grant award.
Recommendation
Approve the Resolution Authorizing the Submittal of a Clean Energy Resource Team Seed
Grant Application.
Attachments
1. Resolution Authorizing the Submittal of a Clean Energy Resource Team Seed Grant
Application
Packet Page Number 44 of 332
G3, Attachment 1
RESOLUTION NO. ___________
Resolution Authorizing the Submittal of a
Clean Energy Resource Team Seed Grant Application
WHEREAS, in 2016-
program. The City adopted the Energize Maplewood! Energy Action Plan which focused on two
areas of energy outreach: 1) Direct energy programs and coaching for local businesses; and 2)
City-wide education and outreach campaigns to motivate local residents to reduce their energy
impacts.
WHEREAS, in 2017 the Environmental and Natural Resources Commission reviewed
and encouraging and supporting renewable energy.
WHEREAS, Re-Energize Maplewood! will include a partnership with Pale Blue Dot LLC,
Center for Energy and Environment (CEE), and the Minnesota Chamber of Commerce Energy
Smart Program.
WHEREAS, Re-Energize Maplewood!is the
Comprehensive Plan renewable energy goals and Energize Maplewood!
energy action plan.
WHEREAS, Maplewood has submitted a Clean Energy Resource Team Seed grant
application to help fund the Re-Energize Maplewood! program.
BE IT RESOLVED THAT the City of Maplewood hereby agrees to the submittal of a
grant with the Clean Energy Resource Teams for up to $10,000 in seed grant funds. Funds will
be used to pay the consulting firm Pale Blue DOT for research and design on the feasibility of
solar for low income homes, commercial, and two manufactured home communities.
The Maplewood City Council adopts this resolution on November 13, 2017.
1
Packet Page Number 45 of 332
MEMORANDUM
TO:Melinda Coleman, City Manager
FROM:Scott Nadeau, Police Chief/Public Safety Director
DATE: November 8, 2017
SUBJECT: Approval Authorizing Purchase of Building Construction Services for
Improvements to Police Exercise Area
Introduction
The City Council will consider authorizing the purchase of building construction services for
improvements to the police exercise area.
Background
The need for physical fitness in law enforcement has been well established, and “Officer Fitness
st
and Wellness” are priorities established by the City, the department, as well as the 21 Century
Policing Report (Pillar 6). In addition, national police research and policy groups have
incorporated physical fitness and exercise as being important for stress relief and injury
prevention. The Police Department has long seen the value of wellness and exercise for our
staff. As a result, the department’s staff have cross-trained in police officer fitness standards
(also known as the Cooper standards), as well as cardiovascular and strength conditioning
(including an adaptation of CrossFit for Law Enforcement).
In November 2016, the City of Maplewood began working with the YMCA to manage the
Maplewood Community Center (MCC). One unintended consequence of this agreement is that
the Police Department staff who were using the MCC after-hours are no longer able to access
the facility for physical training. Following the change in management of the MCC, fitness
equipment has been placed and is currently being used in an unimproved garage area at the
Police Department.
Discussion
With the city entering into an agreement with the YMCA, thereby limiting access to fitness
opportunities, the police department has been utilizing an unimproved two car garage area for
cardiovascular and strength training and conditioning. While the space is serviceable, some
modifications to the space are needed to make it safer and more conducive to being a workout
area. To date, the only modification to this area has been an upgrade to the HVAC system.
The proposed project includes electrical system upgrades, installation of an industrial ceiling fan
for better air circulation, raising of the existing floor drains, leveling off the floor, general wall
repairs, and installation of a rubber workout flooring system.
Packet Page Number 46 of 332
The City solicited quotes from two contractors for the proposed improvements.
Company Amount
RJ Marco Construction, Inc. $27,621.00
Weber, Inc. $36,500.00
Staff recommends acceptance of the low quote from RJ Marco Construction, Inc. The City has
worked with RJ Marco Construction, Inc. on several successful projects, including maintenance
and upgrade work for the City Hall, Public Works, and Park Maintenance Buildings.
Budget Impact
Based on the lowest responsible quote received, the total cost for the Police Department
workout area is $27,621.00. Funding for this work will be through the Building Replacement
Fund. It is recommended that the Finance Director make the necessary budget transfer of
$15,000.00.
Recommendation
It is recommended that the City Council authorize the City Manager to enter into a contract for
the purchase of building construction services for improvements to the police exercise area with
RJ Marco Construction, Inc. in the amount of $27,621.00. Additionally, it is recommended that
the City Council authorize the Finance Director to make the necessary budget adjustments for
the improvements to the police exercise area.
Attachments
1. RJ Marco Construction, Inc. Quote
2. Photographs of the police exercise area
Packet Page Number 47 of 332
Packet Page Number 48 of 332
Packet Page Number 49 of 332
Packet Page Number 50 of 332
G5
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Ellen Paulseth, Finance Director
DATE: November 13, 2017
SUBJECT: Approval of Resolution to Certify Special Assessments for Unpaid
Accounts
Introduction
The City certifies delinquent accounts to Ramsey County on an annual basis for the purpose of
levying special assessments on property tax statements for collection by the County. The
delinquent accounts include ambulance bills, trash bills, and miscellaneous charges. Property
owners who have delinquent accounts with the City have been notified that the balance due on
their accounts, plus 10% interest, will be certified to their 2018 property taxes if payment is not
made within the established timeframe.
Budget Impact
This process assists with the collection of delinquent accounts. There is a positive impact on
the budget when the accounts are collected. The total amount of accounts being certified has
not changed significantly from prior years.
Recommendation
It is recommended that the attached resolution be adopted to certify delinquent accounts, in the
amount of $42,702.09 for trash bills, $2,728.34 for ambulance bills, and $5,559.82 for
miscellaneous charges, including interest at the rate of 10%, to the County for collection on
property taxes. Special assessment charges for accounts in which payments are received
between the date of the resolution and the date of certification will be removed from the
certification.
Attachments
1. Resolution
2. List of Unpaid Charges
Packet Page Number 51 of 332
G5, Attachment 1
RESOLUTION NO.
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the
Auditor of Ramsey County the following delinquent accounts, totaling $50,990.25, for
collection with the customers property taxes payable in 2018, including interest at the
rate of ten percent (10%) on the total amount for one year.
Delinquent ambulance bills $2,728.34
Delinquent trash collection bills $42,702.09
Delinquent miscellaneous bills $5,559.82
Packet Page Number 52 of 332
G5, Attachment 2
Date
2525 IDAHO AVE E1761 FROST AVE805 MEYER ST N
AFAMTR
551.16110.00
2,067.182,728.34
AFYRRN
111
TOTAL =
AFSTYR
201820182018
AMBULANCE CHARGES ASSESSMENT RECORD
AFPARC
Andrea Sindt
242922120014152922140071252922340072
AFROLL
RRR
City Clerk, City of Maplewood, Minnesota
AFSPMC
000
CITY OF MAPLEWOOD MNAMBULANCE CHARGESUnpaid Ambulance Fees57181202$2,728.3420181N/A00
AFSPCD
571812025718120257181202
Name of CityProject NameDesc. of Proj.Spec. Asmnt CodeRES #Total Amnt of Proj. as leviedYr. To Start Asmnt.No. Yrs. Asmnt. RunInterest RateCalc. MethodExtra days & Mo. 1st Yr.
I hereby certify that the above information is a true and accurate record of the unpaid ambulance charges assessment roll as adopted by the Maplewood City Council.
123
Line No.
CERTIFIED RECORD COPY (COUNTY)
Packet Page Number 53 of 332
G5, Attachment 2
Date
1694 GURNEY ST N1850 MANTON ST N1481 SHERREN AVE E2170 BURR ST N2604 BROOKVIEW DR E1980 COPE AVE E2500 CLARENCE ST N19 CENTURY AVE N815 CENTURY AVE S867 CENTURY AVE S873 CENTURY AVE
S3001 WHITE BEAR AVE N100 COUNTY ROAD B WEST3000 WHITE BEAR AVE N
76.5276.1455.00
AFAMTR
103.13103.13436.01436.01436.01436.01212.52150.94110.00
1,663.401,265.005,559.82
AFYRRN
11111111111111
TOTAL =
AFSTYR
20182018201820182018201820182018201820182018201820182018
MISCELLANEOUS CHARGES ASSESSMENT RECORD
AFPARC
Andrea Sindt
152922310077102922310049082922340020012822120061112922340117102922230005012822140107132822110010132822140031132822140030022922230010182922220018022922210027
182922340049
AFROLL
RRRRRRRRRRRRRR
City Clerk, City of Maplewood, Minnesota
AFSPMC
00000000000000
CITY OF MAPLEWOOD MNMISCELLANEOUS CHARGESUnpaid Miscellaneous Fees57181203$5,559.8220181N/A00
AFSPCD
5718120357181203571812035718120357181203571812035718120357181203571812035718120357181203571812035718120357181203
I hereby certify that the above information is a true and accurate record of the unpaid miscellaneous fees assessment roll as adopted by the Maplewood City Council.
Name of CityProject NameDesc. of Proj.Spec. Asmnt CodeRES #Total Amnt of Proj. as leviedYr. To Start Asmnt.No. Yrs. Asmnt. RunInterest RateCalc. MethodExtra days & Mo. 1st Yr.
123456789
1011121314
Line No.
CERTIFIED RECORD COPY (COUNTY)
Packet Page Number 54 of 332
G5, Attachment 2
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DULUTH ST650 VIKING DR E715 FERNDALE ST S2280 PHYLIS CT E2082 KENWOOD DR E1746 BIRMINGHAM ST2350 LINWOOD AVE E1927 COPE AVE E1672 ROSEWOOD AVE S1705 LARK AVE715 ROSELAWN AVE E130 COUNTY
ROAD B E
47.3047.3049.9850.1952.6252.7853.0553.0553.0553.0553.0553.0553.0553.0553.0553.0553.0555.9056.1756.2556.2556.2556.25
AFAMTR
AFYRRN
11111111111111111111111
AFSTYR
20182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018
TRASH BILLS ASSESSMENT RECORD
AFPARC
2529221400511629221100820929221100421629221400301729221300801529222200170929224300050128221300601228223200231029222200162428221200180929224300040829224300251228224300471328222300121729221100861529223
40062132822220002112922310031152922140024102922440049172922140039182922120005
AFROLL
RRRRRRRRRRRRRRRRRRRRRRR
AFSPMC
00000000000000000000000
CITY OF MAPLEWOOD MNTRASH BILLSUnpaid Trash Fees57181204$42,702.092018100
AFSPCD
5718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204
Name of CityProject NameDesc. of Proj.Spec. Asmnt CodeRES #Total Amnt of Proj. as leviedYr. To Start Asmnt.No. Yrs. Asmnt. RunInterest RateCalc. MethodExtra days & Mo. 1st Yr.
123456789
1011121314151617181920212223
Line No.
CERTIFIED RECORD COPY (COUNTY)
Packet Page Number 55 of 332
G5, Attachment 2
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AVE E2278 COUNTY ROAD D E2232 BEAM AVE76 KINGSTON AVE1431 BELMONT LN E1460 BELMONT LN E2219 MAPLEVIEW AVE2365 HILLWOOD DR E1990 RIPLEY AVE1765 GURNEY ST570 FARRELL ST N1848 PROSPERITY
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COUNTY ROAD B E2451 GALL AVE1493 COPE AVE E2978 MARY ST
56.2556.2556.2556.2556.2556.2556.2556.2556.2556.2556.2556.2556.2556.2556.2556.2556.2558.5559.0461.9966.1167.1067.1067.1071.6372.8972.8976.0877.4678.3578.6178.6178.6178.6178.6178.6180.12
1111111111111111111111111111111111111
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Packet Page Number 56 of 332
G5, Attachment 2
1747 DULUTH ST1696 JESSIE ST1716 COUNTY ROAD C E2649 BARCLAY ST128 ROSELAWN AVE E1450 LARK AVE1199 LARK AVE2091 RADATZ AVE1700 BRADLEY ST766 NEW CENTURY BLVD S305 BELLWOOD AVE1989 WHITE
BEAR AVE N2964 WALTER ST2335 BRENWOOD CURV3059 BELLAIRE AVE1700 MCMENEMY ST2245 IDE CT1866 MYRTLE ST741 COUNTY ROAD B E1753 HOWARD ST N1742 LARK AVE2626 IVY AVE E2137 DULUTH PL2323
KINGSTON AVE E1323 BURKE CIR E2660 ENGLISH ST2438 POND AVE E1331 LARPENTEUR AVE E1458 COPE AVE E1855 WHITE BEAR AVE N1780 MCMENEMY ST2205 BEAM AVE1893 SLOAN ST1587 STERLING ST N2019
ARKWRIGHT ST2694 MARYLAND AVE E681 STERLING ST S
80.4582.6885.0185.0185.0185.0185.0185.0185.0185.0185.0185.0185.0185.0185.0185.0185.0185.2886.0986.6091.1295.9697.9199.66
104.43104.43107.35107.62111.69113.37113.55114.04114.04114.04114.04114.04115.54
1111111111111111111111111111111111111
2018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018
1629224400751729223401061029221100540329223400281829224200131029223400750929224400220229224200181729223401241328221101011829224100061529221400490429221300570129222200850129222100411729223300121029223
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0000000000000000000000000000000000000
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Packet Page Number 57 of 332
G5, Attachment 2
1898 FLANDRAU ST607 PRICE AVE1692 SANDHURST DR E1776 DULUTH ST1430 BURKE AVE E1893 IDE ST1891 HAZELWOOD ST920 BARTELMY LN N814 MAYHILL RD N1524 GERVAIS AVE1481 SHERREN AVE E883 CENTURY
AVE N1203 SHRYER AVE E879 CRESTVIEW DR S449 STERLING ST S1546 LAURIE RD E1070 LAKEWOOD DR N1934 FLANDRAU ST2675 GEM ST N604 KINGSTON AVE1862 KOHLMAN AVE29 KINGSTON AVE2670 GERMAIN CT2144
BRADLEY ST2596 BITTERSWEET LN1247 LELAND RD E1208 DORLAND RD S498 ROSELAWN AVE E1346 COPE AVE E2835 FREDERICK ST1875 HOWARD ST N609 FARRELL ST N1655 BURKE AVE E1728 DULUTH ST2190 HAZEL
ST N2208 HENDRY PL2028 CHAMBERS ST
116.02118.82119.75125.10127.29128.14130.26140.09141.21141.21142.79143.07143.07143.07143.07143.07143.07143.07143.07143.07144.72145.32145.32147.36147.36147.36147.71156.09156.09160.34163.92164.76164.761
64.76164.76165.37168.76
1111111111111111111111111111111111111
2018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018
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Packet Page Number 58 of 332
G5, Attachment 2
1849 KENNARD ST187 BROOKVIEW CT N46 STERLING ST N2272 HAZEL ST N2244 BURR ST1747 AGATE ST1694 FRANK ST2197 GERMAN ST2937 CHIPPEWA AVE1774 CITY HEIGHTS DR2169 LARPENTEUR AVE E1272 FARRELL
ST N1858 ADELE ST2505 HARVESTER AVE E2190 MAPLEVIEW AVE2168 ENGLISH ST2700 BROOKVIEW DR E2120 SLOAN ST2392 STANDRIDGE AVE1494 GERVAIS AVE1697 PAYNE AVE800 ROSELAWN AVE E2510 CARVER
AVE E1779 EDGERTON ST1693 RUTH ST1292 FARRELL ST N1872 BARCLAY ST2480 7TH ST E2116 BARCLAY ST1461 GRANDVIEW AVE E56 ODAY ST N2494 HARVESTER AVE E1547 GRANDVIEW AVE E2456 7TH ST E193
FERNDALE ST N2575 CARVER AVE E2675 MIDVALE PL E
169.07170.72172.10172.10172.10172.10181.92181.92181.92181.92181.92181.92181.92181.92181.92181.92181.92181.92181.92181.92181.92181.92187.46187.46191.98197.29198.58201.12201.12201.12201.12201.12201.122
01.12201.12201.12201.12
1111111111111111111111111111111111111
2018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018
1529224200150128221200320128221301141129223400010829223400431829224300441629224400841129223400450129222400741829224300551429224400392429224400121629224200862529221300500229224100371029223300800128221
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2922340005012822120011242822120014252922140022
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
0000000000000000000000000000000000000
5718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120
4571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204
135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171
Packet Page Number 59 of 332
G5, Attachment 2
2352 BUSH AVE E206 ROSELAWN AVE E2778 WHITE BEAR AVE N1810 FLANDRAU ST1891 MARYKNOLL AVE1700 BARCLAY ST1752 FLANDRAU ST389 HIGH POINT CURV S2373 LINWOOD AVE E1585 GERVAIS AVE1752 RUTH
ST2342 KINGSTON AVE E1754 JACKSON ST1107 GORDON AVE1487 COUNTY ROAD B E349 ELDRIDGE AVE E1786 RUTH ST2602 ENGLISH ST1897 HAZELWOOD ST1586 SANDHURST DR E1667 LARPENTEUR AVE E1122 COUNTY
ROAD C E2210 DESOTO ST397 MARY ST S1507 GRANDVIEW AVE E2409 BARCLAY ST1770 JACKSON ST2587 ARIEL ST N1706 BARCLAY ST1435 COUNTY ROAD B E2268 TEAKWOOD CT E1260 JUNCTION AVE1844 E SHORE
DR1454 PRICE AVE1855 BIRMINGHAM ST1773 BURR ST
201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.122
01.12201.12201.12201.12
1111111111111111111111111111111111111
2018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018
2529223300141829224200020229223100231529224100161529224200341529223400221529224400331228222400321228223301851029221300461429223400071329223300801829224300741629224200501029223400511729222201071429223
4000210292222002815292231002210292243006415292244007009292212000208292234006312282213008210292231001709292221004510292224005418292243007611292221005215292234008510292234011412282232005716292211000516
2922310008152922340072152922320027172922340074
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
0000000000000000000000000000000000000
5718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120
4571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204
172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208
Packet Page Number 60 of 332
G5, Attachment 2
1896 KOHLMAN AVE1559 COUNTY ROAD C E2222 RIPLEY AVE1444 COUNTY ROAD B E2315 CARVER AVE E1909 LARPENTEUR AVE E1779 MARYKNOLL AVE2111 BRADLEY ST612 MCKNIGHT RD S2540 KELLER PKWY1874
E SHORE DR873 CENTURY AVE S1705 GURNEY ST1702 JACKSON ST2780 WHITE BEAR AVE N3029 DORLAND RD520 FERNDALE ST N2596 FOREST ST1134 COUNTY ROAD D E1765 KENNARD ST77 DENNIS LN N1608 DEMONT
AVE E1850 BARCLAY ST2322 STILLWATER RD E1631 SEXTANT AVE E1164 STERLING ST N2356 TEAKWOOD DR E1418 KOHLMAN AVE2506 BITTERSWEET LN1005 COUNTY ROAD C E2677 MIDVALE PL E199 FERNDALE ST
N608 PRICE AVE2308 STILLWATER RD E1760 BRADLEY ST1282 DENNIS ST N2246 ENGLISH ST
201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12201.12203.10203.98207.75207.75207.75207.75207.75207.78208.29210.21217.01219.31220.07224.512
25.37229.75230.15230.15
1111111111111111111111111111111111111
2018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018
0229223400180329224300051429224400221529222100062428222200241429223400861529224300101729222100621228223301870929222200251629223100181328221400301829223400311829224300880229223100230129222200793629221
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RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
0000000000000000000000000000000000000
5718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120
4571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204
209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239240241242243244245
Packet Page Number 61 of 332
G5, Attachment 2
Date
2715 MIDVALE PL E1410 KOHLMAN AVE1709 JACKSON ST1845 BARCLAY ST2284 NEBRASKA AVE E1955 MARYKNOLL AVE1694 GURNEY ST2700 HARVESTER AVE E2181 BURR ST1951 HAZELWOOD ST84 MAYHILL RD N1691
PAYNE AVE2047 KENWOOD DR E2292 LARPENTEUR AVE E3006 FRANK ST1986 MCMENEMY ST1830 DESOTO ST135 BELLWOOD AVE805 MEYER ST N1655 HARRIS AVE2701 MAYER LN E957 EDITH ST N1773 WHITE BEAR AVE
N2687 MARGARET AVE E1767 MARYKNOLL AVE2288 GALL AVE1202 COUNTY ROAD B E1899 MARYKNOLL AVE2489 BROOKVIEW DR E
230.15230.15230.15230.15230.15230.15230.41230.64242.42248.41259.86260.08261.16272.28274.32285.98290.19290.19290.19298.10306.53312.16312.16312.16319.22324.90334.42388.97404.93
42,702.09
11111111111111111111111111111
TOTAL =
20182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018201820182018
Andrea Sindt
2529221400640329223300211829223400721529223100902429222300921529221300591829223400492529224100050829223400551529222400260128221400211729224300211729221100752429222200400429221200751729222300691729223
10018182922420021252922340072152922120020012822140019252922420010152922440005362922110018152922430012012922220013092922440088152922420035012822210004
RRRRRRRRRRRRRRRRRRRRRRRRRRRRR
City Clerk, City of Maplewood, Minnesota
00000000000000000000000000000
5718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120457181204571812045718120
457181204571812045718120457181204
I hereby certify that the above information is a true and accurate record of the unpaid trash fees assessment roll as adopted by the Maplewood City Council.
246247248249250251252253254255256257258259260261262263264265266267268269270271272273274
Packet Page Number 62 of 332
DЏ
MEMORANDUM
TO: Melinda Coleman,City Manager
FROM: Steve Lukin, Chief of EMS
DATE: November 07, 2017
SUBJECT: Approval of Public Health and Environmental Health Mutual Aid Agreement
Introduction
Maplewood Emergency Management and the Maplewood Health Officer have been a part of the
Metro Area Public Health and Environmental Health Mutual Aid Agreement starting in 2008.
This agreement is to strengthen the level of preparedness in a time of crisis or emergency.
Background
The mutual aid agreement represent years of collaborative emergency planning and discussion
among public health and emergency management at both the county and local levels. This is
one part of the all hazard planning to help ensure that adequate resources are available for
equipment and personnel to assist as requested by participating entity. This tool will help
Maplewood to better respond to health-types of emergencies. The new mutual aid agreement
only has some minor wording changes and in no way obligates the city to respond.
Budget Impact
None.
Recommendation
It is recommended that the City Council approve and enters into the Public Health and
Environmental Health Mutual Aid Agreement.
Attachments
1. Mutual Aid Agreement Twin Cities Public Health and Environmental Health Entities in
Minnesota
Packet Page Number 63 of 332
G6, Attachment 1
HC Agreement A177649
MUTUAL AID AGREEMENT
Twin Cities Public Health and Environmental Health Entities in Minnesota
THISTwin Cities Public Health and Environmental Health Entities In Minnesota Mutual
Aidis among the County of Anoka,County of Carver, County of
Dakota, County of Hennepin, County of Ramsey, County of Scott, County of Washington, City
of Bloomington, City of Brooklyn Park, City of Edina, City of Maplewood, City of Minneapolis,
City of Minnetonka, City of St. Paul, City of Richfield, City of Wayzata, and the University of
Minnesota (the depending on context).
WHEREAS, pursuant to Minnesota Statutes Section 471.59, governmental units of the
State of Minnesota may jointly and cooperatively exercise powers common to each of the
contracting parties; and
WHEREAS, the purpose of this Agreement is to strengthen the preparedness of the
public health and environmental health system in Minnesota; and
WHEREAS, emergencies may occur in the future which will require local public health
and/or environmental health entities to come to the aid and assistance of other local public health
or environmental health entities; and
WHEREAS, the Parties participating in this Agreement have determined that it is in their
best interests to assist one another in the event of an emergency, training, drill or exercise; and
WHEREAS, the intent of this Agreement is to make personnel, equipment, and other
resources available to governmental units in the event of an emergency, training, drill or
exercise.
NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows:
I. PURPOSE
In certain situations, including but not limited to, natural disasters, public health
emergencies, technological hazards, man-made disasters, civil emergencies, community
disorders, insurgency or enemy attack, disease outbreaks, or special events, or trainings,
drills or exercises in preparation for any of these eventualities, the cooperative use of the
personnel, equipment, supplies and/or services of local governmental units is desirable
and necessary to preserve and protect the health, safety and welfare of the citizens of the
State of Minnesota.
This Agreement only addresses assistance provided by a Participating party in response
to a request made by a Requesting party and does not affect the applicability of Minn.
Stat. § 12.331, Minn. Stat. § 12.33, or other pertinent laws to other activities that may be
undertaken by a political subdivision.
Packet Page Number 64 of 332
G6, Attachment 1
The Parties to this Agreement intend that the Agreement serve as a valid written
agreement for mutual aid as required by FEMA in requesting reimbursement for those
reasonable eligible costs incurred as a result of a qualifying emergency.
II. DEFINITIONS
For the purposes of this Agreement, the following terms shall be defined as follows:
A. governmental unit(s) that is a signatory to
this Agreement.
B.Party including,
elected and appointed officials, officers and volunteers who are registered with
and under the direction and control of that Party as required by Minn. Stat.
§12.22, subd. 2a (a).
C.party,environmental health, or
human services authority of a governmental unit that is a Party to this Agreement.
D.party who is
responsible for requesting Assistance from the other Participating parties.
E.partyparty that requests assistance from one
or more other Participating parties.
F. Assisting party who is
responsible to determine whether and to what extent that Participating party
should provide assistance to a Requesting party.
G.Assisting partyparty that provides Assistance to a
Requesting party under this Agreement.
H.,Environmental Health, Behavioral Health, or
Human Services resources,such as personnel,services, equipment, supplies, and
facilities.
I.an occurrence, natural or manmade, that requires a response to
protect life or property. Incidents can, for example, include major disasters,
emergencies, terrorist attacks, terrorist threats, civil unrest, wild land and urban
fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents,
earthquakes, tornadoes, war-related disasters, public health and medical
emergencies, and other occurrences requiring an emergency response, or special
events, or trainings, drills or exercises in preparation for any of these
eventualities.
2
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G6, Attachment 1
III. PROVISION OF MUTUAL AID
A. Request for Assistance. Whenever, in the opinion of a Requesting Official, there
is a need for Assistance from other Participating parties relating to an Incident, the
Requesting Official may, orally or in writing, call upon the Assisting Official of
any other Participating party to furnish assistance. The Requesting party, within a
reasonable period of time, shall provide each Assisting party with a written
confirmation of the need for assistance including details regarding requested
resources, timelines/schedules and location(s) for Assistance.
B. Response to Request. Upon the oral or written request for Assistance from a
Requesting party, the Assisting Official may authorize and direct the Participating
ppersonnel to provide assistance to the Requesting party. This decision will
be made after considering the needs of the Assisting party and the availability of
resources. Once Assistance has been authorized, the Assisting party, within a
reasonable period of time, shall provide the Requesting party with a written
confirmation of assistance including details regarding the personnel and resources
to be provided and when they will be available.
C. Recall and Release of Assistance. The Assisting Official may at any time recall
such Assistance when in his or her sole discretion or by an order from the
governing body of the Assisting party or its designee, it is considered to be in the
best interest of the Assisting party to do so. The Requesting party may at any
time release anAssisting party or an individual from providing any further
Assistance.
D.State Declared Emergency. If the State of Minnesota or an authorized state
agency declares an emergency, the statutes and administrative rules pertaining to
state declared emergencies shall prevail where they conflict with the provisions of
this Agreement.
E. Command and Control. The Requesting party shall be responsible for command
of the Incident for which Assistance is requested. Resources deployed by the
Assisting party(s) shall be under the direction and control of the Requesting party
until the Assisting Official(s) withdraw assistance; or the Requesting party
delegates direction and control of the Incident to the Assisting party(s). If
direction and control is delegated, the Requesting party shall transfer command in
writing. At a minimum, the writing transferring command shall identify the
Assisting partyscope of authority and Incident objectives. As necessary, it shall
also identify pertinent legal and policy restraints, cost considerations, and other
pertinent information.
This Agreement does not prevent Participating parties from managing an Incident
under a unified incident command structure, as that term, or a similar term, is
used and commonly accepted in the industry.
3
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G6, Attachment 1
IV. LIABILITY
The liability of the Parties shall be governed by the provisions herein and by Minnesota
Statute Section 471.59.
A.For purposes of determining total liability for damages, the Parties are
considered a single governmental unit and the total liability for all Parties
shall not exceed the limits on governmental liability for a single
governmental unit, subject to the limits of liability under Minnesota Statutes
Chapter 466 and as set forth in Minnesota Statutes, Section 471.59, subd. la(a) as
well as all other applicable laws, rules, and regulations, including common law.
Under nocircumstances shall a Party be required to pay on behalf of itself and
other Parties, any amounts in excess of the limits on liability established in
Minnesota Statutes Chapter 466 applicable to any one Party. The statutory limits
of liability for some or all of the Parties may not be added together or stacked to
increase the maximum amount of liability for any Party.
B. Each Party requesting Assistance shall defend, indemnify and hold harmless each
Party providing Assistance, its Employees, officers and elected and appointed
officials against any and all claims brought or actions filed against the Party
providing Assistance and its Employees for injury to, death of, or damage to the
property of any third person or persons, for claims arising fromperformance
hereunder and/or the provision of Assistance in responding to a request for
Assistance pursuant to this Agreement.
C. For purposes of Minnesota Statutes Chapter 466, the Employees of the Party
providing Assistance are deemed to be employees (as defined in Minn. Stat.
§466.01, subdivision 6) of the Party requesting Assistance, but only for purposes
of addressing liability under this Agreement. The Employees of the Party
providing Assistance shall not be considered employees of the Party requesting
Assistance for any other purpose.
D. Each Participating party agrees to promptly notify the other Participating parties if
it knows or becomes aware of any facts or allegations reasonably giving rise to
actual or potential liability, claims, causes of action, judgments, damages, losses,
costs or expenses, incl
involve the other Parties, and arising out of acts or omissions related to this
Agreement.
E. No Party to this Agreement or any Employee of any Party shall be liable to any
other Party or to any other person for failure of any Party to furnish Assistance to
any other Party, or for recalling or releasing Assistance as described in this
Agreement.
4
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G6, Attachment 1
F. If a Party utilizes contractors or agents to provide services or Assistance under
this Agreement, the Party shall execute a contract with any such contractor(s) and
agent(s) including,to the extent practicable, the following language:
CONTRACTOR shall defend, indemnify, and hold harmless (insert name
of Party/jurisdiction), its officials, officers, agents, volunteers and
employees from any liability, claims, causes of action, judgments,
resulting directly or indirectly from any act or omission of the
CONTRACTOR, a subcontractor, anyone directly or indirectly employed
by them, and/or anyone for whose acts and omissions they may be liable
in the performance of the services required by this Contract, and against
all loss by reason of the failure of the CONTRACTOR to perform fully, in
any respect, all obligations under this contract.
In order to protect the CONTRACTOR and those listed above under the
indemnification provision, the CONTRACTOR agrees at all times during
the term of this Contract, and beyond such term when so required, to have
and keep in force the following insurance coverages,in amounts equal at
least to the municipal tort liability limits of Minnesota Statutes Chapter
466 or other applicable law as currently in effect or as may be amended
from time to time, unless specific dollar limits are otherwise provided
herein:
(1) Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate
ProductsCompleted Operations Aggregate
Personal and Advertising Injury
Each OccurrenceCombined Bodily
Injury and Property Damage
(2)
As required by Minnesota law.
AccidentEach Accident
DiseasePolicy Limit
DiseaseEach Employee
(3) Professional LiabilityPer Claim and Aggregate
5
Packet Page Number 68 of 332
G6, Attachment 1
The professional liability insurance must be
maintained continuously for a period of two years
after the termination of this Agreement.
An umbrella or excess policy over primary liability insurance coverages is
an acceptable method to provide the required insurance limits.
The above establishes minimum insurance requirements. It is the sole
responsibility of the CONTRACTOR to determine the need for and to
procure additional insurance which may be needed in connection with this
contract.Copies of insurance policies shall be promptly submitted to
(insert name of Party/jurisdiction) upon written request.
The CONTRACTOR shall not commence work until it has obtained
required insurance. The certificate(s) shall name (insert name of
Party/jurisdiction) as the certificate holder and as an additional insured for
the liability coverage(s) with respect to operations covered under the
Contract.
The CONTRACTOR shall furnish to (insert name of Party/jurisdiction)
updated certificates during the term of this Contract as insurance policies
expire. If the CONTRACTOR fails to furnish proof of insurance
coverages, (insert name of Party/jurisdiction) may withhold payments
and/or pursue any other right or remedy allowed under the contract, law,
equity, and/or statute. (Insert name of Party/jurisdiction) does not waive
any rights or assume any obligations by not strictly enforcing the
requirements set forth in this section.
Duty to Notify. The CONTRACTOR shall promptly notify (insert name
of Party/jurisdiction) of any claim, action, cause of action or litigation
brought against CONTRACTOR, its employees, officers, agents or
subcontractors, which arises out of the services contained in this Contract.
The CONTRACTOR shall also notify (insert name of Party/jurisdiction)
whenever CONTRACTOR has a reasonable basis for believing that
CONTRACTOR and/or its employees, officers, agents or subcontractors,
and/or (insert name of Party/jurisdiction) might become the subject of a
claim, action, cause of action, criminal arrest, criminal charge or litigation
arising out of and/or related to the services contained in this Contract.
Failure to provide the notices required by this section is a material
violation of the terms and conditions of this Contract.
V.
Each Party
Party compensation insurance or self-
insurance coverage, covering its own Employees while they are providing assistance
6
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G6, Attachment 1
pursuant to this Agreement. Each Party waives the right to sue any other Party for any
e or their dependents, even if the
injuries were caused wholly or partially be the negligence of any other Party or
employees.
VI. DAMAGE TO EQUIPMENT, SUPPLIES, FACILITIES
Each Party, to the extent a Party is at fault, shall be responsible for damages to or loss of
its equipment, supplies and facilities while acting within the scope of this Agreement.
VII. CHARGES TO THE REQUESTING PARTY
A.No charges will be levied by a Assisting party to this Agreement for Assistance
rendered to a Requesting party under the terms of this Agreement unless that
Assistance continues for a period of more than eight (8) hours, as measured from
the time Assisting party begins to provide Assistance after being specifically
directed by the Requesting party to perform a task or tasks, unless the Requesting
party is eligible to obtain reimbursement for expenses it incurred during this
period from the United States, the State of Minnesota, or any other source. In that
event the Requesting party shall take all steps necessary to seek reimbursement to
the Assisting party for the actual cost of any Assistance provided during this
initial eight (8) hour period including salaries, overtime, materials and supplies,
and other necessary expenses.
B.If Assistance provided under this Agreement continues for more than eight (8)
hours, the Assisting party shall submit to the Requesting party an itemized bill for
the actual cost of any Assistance provided after the initial eight (8) hour period,
including salaries, overtime, materials and supplies and other necessary expenses;
and the Requesting party shall reimburse the Party providing the Assistance for
that amount. Any such reimbursement request must be submitted in writing to
the Requesting party no later than ninety (90) days after the last day that the
Assisting party provides the assistance.
C.The ability to levy such charges is not contingent upon the availability of federal
or state government funds to reimburse the charges.
VIII. DURATION
This Agreement will become effective as to each Party on the later of the date that the
Party executes this Agreement or January 1, 2018, and shall terminate December 31,
2022, unless terminated sooner pursuant to section XI herein. Copies of the executed
Agreement shall be provided to:
Hennepin County Human Services Public Health Department
Attention: Emergency Preparedness Unit Supervisor
7
Packet Page Number 70 of 332
G6, Attachment 1
1011 First Street South, Suite 215
Hopkins, MN 55343
(612) 543-5220
IX. MERGER AND MODIFICATION
A. The entire Agreement between the Parties is contained herein and this Agreement
supersedes all oral agreements and negotiations between the Parties relating to the
subject matter hereof. The matters set forth in the
beginning of this Agreement are by this reference incorporated into and made a
part of this Agreement.
B. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the Parties hereto.
X. WITHDRAWAL
A. Any Party may withdraw from this Agreement with or without cause by providing
Parties herein,consistent with
XVI herein. Withdrawal shall not discharge any liability incurred by any Party
prior to withdrawal. Such liability shall continue until discharged by law or
agreement.
C. The terms of Sections II, III, IV, V, VI, XI, and XII shall survive the expiration,
termination or withdrawal from this Agreement.
XI. RECORDS AVAILABILITY/ACCESS
To the extent required by Minnesota Statutes Section 16C.05, Subd. 5 (as may be
amended), the Parties agree that the any Party, the State Auditor, the Legislative Auditor
or any of their duly authorized representatives, or ultimate funding sources, at any time
during normal business hours, and as often as they may reasonably deem necessary, shall
have access to and the right to examine, audit, excerpt, and transcribe any books,
documents, papers, records, etc., which are pertinent to the accounting practices and
procedures of the other Parties and involve transactions relating to this Agreement. Such
materials shall be maintained and such access and rights shall be in force and effect
during the period of the Agreement and for six (6) years after its termination or
cancellation.
XII. DATA PRIVACY
Each Party, its Employees and subcontractors agree to abide by the provisions of the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Health
8
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G6, Attachment 1
Insurance Portability and Accountability Act and implementing regulations, if applicable,
and all other applicable state and federal laws, rules, regulations and orders relating to
data privacy or confidentiality, and as any of the same may be amended.
XIII. COMPLIANCE
Parties shall comply with all applicable federal, state and local statutes, regulations, rules
and ordinances in force or hereafter enacted.
XIV.EXECUTION
Each Party hereto has read, agreed to and executed this Mutual Aid Agreement on the
date indicated. This Agreement may be executed in any number of counterparts, each
counterpart for all purposes being deemed an original and all such counterparts shall
together constitute one and the same agreement.
XV. ADDITIONAL PARTIES AND COUNTERPARTS
Alocal government unit may become a participant in this Agreement upon execution by
its governing body and the consent of all of the Parties as evidenced by formal action of
their governing bodies. Each Party, at its sole discretion, may designate and authorize an
agent toact on behalf of the Party with respect to granting or withholding approval of the
addition of a new Party under this section.
XVI. CONTRACT ADMINISTRATION
In order to coordinate the services so as to accomplish the purposes of this Agreement,
each Party shall designate a contact person, and provide written notice to all other Parties
ofParties
shall update this information in writing as needed to maintain current contact
information.
XVII. DISTRIBUTION OF PROPERTY
Any property belonging to or acquired by any Party shall remain the property of that
Party, until and unless ownership of the property is transferred by sale, donation, or other
means memorialized in writing.
A SIGNATURE PAGE FOR EACH PARTY IS ATTACHED
9
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G6, Attachment 1
Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date
indicated.
CITY OF MAPLEWOODCOUNTY OF HENNEPIN
Nora Slawik, MayorAssistant/Deputy/County Administrator
Date:Date:
Melinda Coleman, City ManagerChair of its County Board
Date:Date:
ATTEST:
Deputy Clerk of the County Board
Date:
By:
Date:
10
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G7
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM:Terrie Rameaux, Human Resource Coordinator
DATE: November 7, 2017
SUBJECT: Approval to Amend Adoption Agreements and Plan Documents for
MidAmerica Administrative & Retirement Solutions HealthReimbursement
Arrangements (HRA) for Active/Former Employees and Retirees
Introduction/Background
The City has a Health Reimbursement Arrangement(HRA) for each employee who participates
in the City’shealth insurance. The HRA program has been inplace since2006 when the City
first introduced a high-deductible plan. These funds are available for employees to utilize for
out-of-pocket medical/dental expenses inaccordance with IRS guidelines. Currently,
reimbursement requests are handledvia paper submittal ($5 per transaction) or online submittal
($2.50 per transaction). New for 2018, the Labor Management Committee unanimously agreed
to add a new optional debit card that employees can use topay for anyof those out-of-pocket
expenses at the time incurred. The new optionaldebit card does not have a transaction fee
associated withit.
Due to this change to theoptional debit card, MidAmerica must transfer the funds from one HRA
platform to a different HRA platformwhich allowsfor the usage of the debit card. This is a one-
time operational change.
Budget Impact
To switch tothe debit cards there isa $5 per employee per month administrative fee paid by the
employer. There is no fee paid by the City for former/retired employees. The impacts of this
employee benefit costfor the year is approximately $8,800, which is accounted for during the
budgeting process eachyear.
Recommendation
It is recommended that the City Council approve the attached amendadoption agreements
and plan documents for MidAmerica Administrative & Retirement Solutions Health
Reimbursement Arrangements for 1) active/former employees; and 2) retirees.
Attachments
MidAmericaAdministrative & RetirementSolutions Health Reimbursement Arrangement
for Adoption Agreementand Plan Document for Active/Former Employees
MidAmericaAdministrative & RetirementSolutions Health Reimbursement Arrangement
for Adoption Agreementand Plan Document for Retirees
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G7, Attachment 1
ADOPTION AGREEMENT
for
CityofMaplewood
1830CountyRoadBEast
Employer Address:
Maplewood,MN55109
651-249-2054
Employer Telephone Number:
41-6008920
Employer Identification Number:
January1,2006
Effective Date.
January1,2006
January1,2018
December31
Plan Year.
Eligible Classes.(See attached Class Specifications.)
ActiveemployeesoftheCitywhoworkatleast30hrs/wkandenrolledinHDHP
Full-TimeActiveEmployeesoftheCityenrolledintheHDHP
FormerHDHPparticipantsw/remainingaccountbalance
Designation of Plan Administrator.
Designation of Individuals to Have Access to PHI.
BusinessOfficePersonnelHRDepartmentPersonnel
17
CityofMaplewood
MelindaColeman
CityManager
TerrieRameaux
HumanResourceCoordinator
terrie.rameaux@maplewoodmn.gov
651-249-2054
651-249-2059
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Employer Representations
January1,2006
Effective Date
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G7, Attachment 1
Full-TimeActiveEmployeesoftheCityenrolledintheHDHP
Eligible Class ActA:
Defined as
Employment Status
Contribution Types
Contribution Frequency
Bi-weekly
Vesting Schedule
Forfeitures
Run-off Times
Reimbursements
HRA/FSA Ordering
Administration Fees:
$5.00permonthperactiveemployee
Distribution Fees:
ReimbursementEligibility
AmericanUnitedLifeInsuranceCompany
Investment SelectionInvestment Provider:
Type of Investment:
January1,2006
Effective Date
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ActiveemployeesoftheCitywhoworkatleast30hrs/wkandenrolledinHDHP
Eligible Class ActB:
Defined as
Employment Status
Contribution Types
Contribution Frequency
Bi-weekly
Vesting Schedule
Forfeitures
Run-off Times
Reimbursements
HRA/FSA Ordering
Administration Fees:
$5.00permonthperactiveemployee
Distribution Fees:
ReimbursementEligibility
AmericanUnitedLifeInsuranceCompany
Investment SelectionInvestment Provider:
Type of Investment:
January1,2006
Effective Date
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FormerHDHPparticipantsw/remainingaccountbalance
Eligible Class ActC:
Defined as
Employment Status
Contribution Types
Contribution Frequency
Bi-weekly
Vesting Schedule
Forfeitures
Run-off Times
Reimbursements
HRA/FSA Ordering
Administration Fees:
$5.00permonthperactiveemployee
Distribution Fees:
ReimbursementEligibility
AmericanUnitedLifeInsuranceCompany
Investment SelectionInvestment Provider:
Type of Investment:
January1,2006
Effective Date
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G7, Attachment 1
Health Reimbursement Arrangement
for Active Employees
PLAN DOCUMENT
January1,2006
January1,2018
. The
January1,2006
Plan is available to Employees of the Employer effective .
HRA Active Employees Plan Document Rev. 01.2014
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Plan Document Table of Contents
Page
Introduction .................................................................................................................................................. 3
Legal Status .................................................................................................................................................. 3
Participation ................................................................................................................................................. 3
Participation Opt Out....................................................................................................................................3
Benefits and Eligibility for Benefits ............................................................................................................ 4
Funding ........................................................................................................................................................ 4
Interest Credit ............................................................................................................................................... 5
Vesting .......................................................................................................................................................... 5
Continuation Coverage ................................................................................................................................ 5
Plan Investments .......................................................................................................................................... 5
Plan Administrator ....................................................................................................................................... 5
Administrative Fees ...................................................................................................................................... 5
Administration .............................................................................................................................................. 6
Death Benefit................................................................................................................................................ 7
Plan Amendments ........................................................................................................................................ 7
Involuntary Access to Funds ....................................................................................................................... 7
Plan Termination ......................................................................................................................................... 7
HIPAA Compliance ..................................................................................................................................... 7
Claims Procedure ......................................................................................................................................... 9
HRA Active Employees Plan Document Rev. 01.2014 Page 2 of 11
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Introduction
The Employer has established and adopted the MidAmerica Administrative & Retirement Solutions, Inc.
Health Reimbursement Arrangement to enable Participants and their dependents to be
reimbursed tax-free for eligible medical and dental expenses. Contributions to the Plan shall be made by the
Employer and credited to Participants' accounts. Claims for reimbursement shall be processed and
reimbursements paid out on a tax-free basis for medical expenses in accordance with Internal Revenue Service
Guidelines for Health Reimbursement Agreements, IRS Publication 502, Internal Revenue Code (the "Code")
Sections 213(d), 105 and 106 as described in Revenue Ruling 2002-41 and IRS Notice 2002-45.
Legal Status
This Plan is intended to qualify as an employer-provided medical reimbursement plan under Code Sections
105 and 106 and regulations issued thereunder, as a health reimbursement arrangement as described in IRS
Notice 2002-45 and Revenue Ruling 2002-41, and to comply with IRS Notice 2013-54 and shall be interpreted
to accomplish those objectives. The expenses reimbursed under the Plan are intended to be eligible for
exclusion from Participants' gross income under Code Section 105(b).
Notwithstanding anything to the contrary, the portion of the Plan that reimburses Highly Compensated
Individuals, as defined in Code Section 105(h), for premiums paid under an insured plan shall be treated as a
separate plan that is not subject to the requirements of Code Section 105(h), pursuant to Treasury Regulation
Section 1.105-11(b)(2).
Participation
Employees of the class or classes set forth by the Employer in the Plan Adoption Agreement will be
Participants in the Plan. Notwithstanding any election in the Plan Adoption Agreement to the contrary,
Employees of the class or classes set forth by the Employer in the Plan Adoption Agreement who are Highly
Compensated Employees, as defined in Code Section 105(h), and whose benefits exceed those of other Plan
Participants, will be Participants only in that portion of the Plan that reimburses Participants for "premium only
medical expenses," as described below. Under no circumstances are such individuals eligible for
reimbursements of any medical and dental expenses other than premium expenses. For purpose of this section,
a retiree who was a Highly Compensated Individual prior to his or her retirement from the Employer shall be
treated as a Highly Compensated Individual thereafter and during retirement.
Participation Opt Out
At least once per Plan Year, Participants shall be entitled to permanently opt out of participation in the Plan.
Any such opt out will result in the
and the waiver of any future reimbursements from the Plan. The Participant may, however, continue to submit
claims for reimbursement of expenses incurred prior to the opt out date, pursuant to the Run-Off Times section
of the Plan Adoption Agreement. Any forfeited amount shall be applied as elected by the Employer in the
Plan Adoption Agreement.
In the event that the Participant terminates employment with the Employer, the Participant shall be entitled to
permanently opt out of participation in the Plan at the time of termination. In addition to the forfeiture of
unvested funds as provided for in the Forfeiture section of the Plan Adoption Agreement, any such opt out will
result in the forfeiture of any vested funds and the waiver of any future reimbursements from the Plan. The
Participant may, however, continue to submit claims for reimbursement of expenses incurred prior to the opt
out date, pursuant to the Run-Off Times section of the Plan Adoption Agreement. Any forfeited amount shall
be applied as elected by the Employer in the Plan Adoption Agreement.
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Benefits and Eligibility for Benefits
A Participant shall be entitled to reimbursements of eligible medical and dental expenses upon the occurrence
of the event selected in the Plan Adoption Agreement, but in no event until after expenses exceeding the dollar
amount of any flexible spending arrangement ("FSA") in which the Participant shall also participate have been
paid, or, if the medical or dental expense is reimbursable from a health savings account ("HSA"), amounts
shall only be available from this Plan in accordance with paragraph 9 of the Administration section herein.
If the Employer indicates in the Adoption Agreement that Reimbursements shall be for "all eligible section
213(d) medical expenses,"eligible medical and dental expenses for purposes of this Plan are those expenses
that are:
a.incurred by the Participant, spouse or tax dependent (as defined in paragraph 9 of the
b.incurred for Medical Care - "Medical Care" shall have the same meaning as in section 213(d)
of the Code, and shall include: (i) amounts paid for the diagnosis, cure, mitigation, treatment,
or prevention of disease, or for the purpose of affecting any structure or function of the body,
except that eligible medical and dental expenses shall specifically exclude expenses for a
medicine or drug incurred on or after January 1, 2011, unless such medicine or drug is a
prescribed drug (determined without regard to whether such drug is available without a
prescription) or is insulin, and (ii) premiums for medical and dental coverage, including
premiums under part B and part D of title XVIII of the Social Security Act (relating to
supplementary medical insurance for the aged and prescription drug coverage, respectively);
and
c.not compensated through insurance and not paid for with a tax-free distribution from a
Medical Savings Account (MSA), Health Savings Account (HSA), or Health Flexible
Spending Arrangement and not attributable to a deduction allowed under Code section 213(d)
for any prior taxable year.
If the Employer indicates in the Adoption Agreement that reimbursements shall be for "premium only medical
expenses," eligible medical and dental expenses for purposes of this Plan are those expenses that are:
a.incurred by the Participant, spouse or tax dependent (as defined in paragraph 9 of the
b.premiums for medical and dental coverage, including premiums under part B and part D of
title XVIII of the Social Security Act (relating to supplementary medical insurance for the
aged and prescription drug coverage, respectively); and
c.not paid for with a tax-free distribution from a Medical Savings Account (MSA) or Health
Savings Account (HSA) and not attributable to a deduction allowed under Code section
213(d) for any prior taxable year.
Funding
All funds for the Plan shall come exclusively from the Employer and shall constitute either a specified dollar
amount and/o
time to time determine. The amount or percentage to be determined by the Employer shall be subject to, and
o its Employees. Subject to any vesting schedule which
may be elected in the Plan Adoption Agreement, all funds in the Plan belong to the individual Participants as
allocated to their accounts. Also subject to any vesting schedule which may be elected in the Plan Adoption
Agreement, once funds are allocated to the Plan, the Employer relinquishes all right, title, control, and interest
to such funds.
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Interest Credit
Interest shall be credited on a daily basis to Participant accounts based on the rate credited by the underlying
AUL fixed annuity investment option. If variable annuity investments are allowed pursuant to the Adoption
Agreement, earnings and losses shall be credited on a daily basis based on the investment funds selected.
Vesting
with the vesting schedule elected by the Employer in the Plan Adoption Agreement. If a Participant is not fully
vested in his account balance when participation hereunder of the Participant and his surviving spouse and/or
applied as elected by the Employer in the Plan Adoption Agreement.
Continuation Coverage
COBRA coverage shall be available on the same terms
and conditions as described herein with respect to Participants upon payment of the applicable COBRA
be entitled to COBRA coverage for a period of 36 months upon the qualifying events of death of Participant,
divorce from Participant, or a dependent reaching an age under which he/she is ineligible under the terms of
(adjusted for investment earnings and losses), plus Employer contributions, and minus reimbursements for
claims paid from the account. Contributions shall be made at the same times as they are made for similarly
situated Participants who have not experienced a qualifying ev
shall be available to all qualified beneficiaries electing continuation coverage on an aggregate basis.
The COBRA premium shall be a single premium regardless of the number of qualified beneficiaries electing
COBRA coverage. That premium shall be as determined annually by the Employer. The Employer shall have
no obligation to pay any portion of the COBRA premium.
Coverage in lieu of COBRA. As an alternative to COBRA continuation coverage, qualified beneficiaries may
premium will be charged for the coverage. Administrative fees as indicated herein will be applied. The balance
on an aggregate basis. Furthermore, if some qualified beneficiaries elect COBRA and others select coverage in
Plan Investments
Plan investments will be made in accordance with th
and will consist of investments in either fixed or variable annuities.
Plan Administrator
The Employer designates as the initial Plan Administrator the entity named in the Plan Adoption Agreement.
The initial Plan Administrator shall serve as Plan Administrator until such time as a new Plan Administrator is
appointed.
Administrative Fees
An administration fee shall be payable by the Employer. Participants may be charged a distribution fee by the
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Administration
1.Health reimbursement requests may be made monthly with no minimum reimbursement dollar amount
for recurring claims. There is a $100 minimum claim amount for all other claims unless the participant
account balance is less than $100. Additionally, a reimbursement request can only be made for
expenses incurred subsequent to the date the Participant first becomes enrolled in the Plan.
2.Participants are entitled to request reimbursements from their accounts as soon as the accounts are
funded by the Employer, but only for medical expenses incurred subsequent to the date the Participant
first becomes enrolled in the Plan. Hardship withdrawals or loans are not permitted under this Plan
and Plan funds may only be used to reimburse Participants and their dependents for qualified medical
expenses.
3.In order to receive reimbursement for eligible medical expenses, Participants shall provide the Plan
Administrator with whatever information is reasonably required. This Plan shall not and cannot
reimburse for any claims other than those allowed under Code Section 213(d) and the regulations
thereunder, as generally described in IRS Publication 502.
4.When a request is approved it shall be scheduled for disbursement. Disbursements shall be made not
th
later than the fifteenth (15) day of each month for all reimbursement requests received by the Plan
Administrator prior to the end of the preceding month.
5.Subject to the Claims Procedure rules below, decisions of the Plan Administrator shall be final on the
issue of eligible expenditures and such decisions shall be based on Code Section 213(d) and the
regulations thereunder, as interpreted by the IRS or court rulings or directives concerning the
deductibility of medical expenses for Federal Income Tax purposes, which interpretations shall be
controlling for purposes of determining reimbursement eligibility under this Plan.
6.Other than establishing this Plan and providing funding for the Plan, the Employer does not assume
any responsibility for any aspect of any Participant's health care. Participant questions shall be
directed to the Plan Administrator.
7.Each Participant shall be notified by the Plan Administrator of his or her account balance at the time a
deposit is made to his or her account. The Plan Administrator shall provide each Participant with a
quarterly statement setting forth the Participant's account balance and earnings and disbursements for
the quarter. Additionally, the Plan Administrator shall provide a Participant with a statement of
account balance in conjunction with each reimbursement distribution.
8.Funds in a Participant's account at the end of each year shall be rolled into the following year.
9.Reimbursement is available for the Participant, the Participant's spouse, the Participant's tax
dependents as defined in Internal Revenue Code Section 152, determined without regard to
subsections (b)(1), (b)(2), and (d)(1)(B) thereof, and any child (as defined in Code Section 152(f)(1))
of the Participant who as of the end of the taxable year has not attained age twenty-seven (27). For
purposes of this Plan, such qualified tax dependents and children shall collectively be referred to as
"dependents."Submission of a request for reimbursement on behalf of someone other than the
Participant shall be deemed a representation by the Participant that the request for reimbursement is
made on behalf of a spouse or dependent.
10.Any act, practice, or omission by a Participant that constitutes fraud or an intentional
misrepresentation of material fact is prohibited by the terms of the Plan and the Plan may rescind
coverage as a result.
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Death Benefit
If a Participant dies prior to exhausting his vested account balance, the Participant's surviving spouse and/or
dependents are eligible to be reimbursed under this Plan for their eligible medical expenses until the vested
the Participant's qualifying dependents, any funds remaining in the account shall be forfeited. Forfeitures shall
be applied as elected by the Employer in the Plan Adoption Agreement.
Plan Amendments
The Employer has the authority to amend this Plan at any time, in whole or in part. Participants will be notified
of any Plan changes. Any amendment to the Plan shall not adversely affect the rights of existing Participants.
Changes imposed by the Internal Revenue Service, either by law change, regulations, or rulings, will be
effective immediately and without notice.
Involuntary Access to Funds
Funds in a Participant's Plan account are not assignable by a Participant, either in law or in equity, or subject to
estate tax, or to execution, levy, attachment, garnishment, or any other legal processes.
Plan Termination
In the event the Employer elects to terminate this Plan, which it may do, in its sole discretion, at any time and
Participants will continue to utilize their accounts as set forth in this Plan Document until their accounts are
exhausted.
HIPAA Compliance
1.Disclosure of Summary Health Information to the Employer
In accordance with the Standards for Privacy of Individually Identifiable Health Information (the
e Plan may disclose Summary Health Information to the
Employer, if the Employer requests the Summary Health Information for the purpose of (a) obtaining
premium bids from health plans for providing health insurance coverage under this Plan or
(b)modifying, amending or terminating the Plan.
"Summary Health Information" may be individually identifiable health information and it summarizes
the claims history, claims expenses or the type of claims experienced by individuals in the Plan, but it
excludes all identifiers that must be removed for the information to be de-identified, except that it may
contain geographic information to the extent that it is aggregated by five-digit zip code.
2.Disclosure of Protected Health Information ("PHI") to the Employer for Plan Administration Purposes
agrees to:
a.Not use or further disclose PHI other than as permitted or required by the Plan Documents or
as Required by Law (as defined in the Privacy Standards);
b.Ensure that any agents, including a subcontractor, to whom the Employer provides PHI
received from the Plan agree to the same restrictions and conditions that apply to the
Employer with respect to such PHI;
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c.Not use or disclose PHI for employment-related actions and decisions or in connection with
any other benefit or employee benefit plan of the Employer, except pursuant to an
authorization which meets the requirements of the Privacy Standards;
d.Report to the Plan any PHI use or disclosure that is inconsistent with the uses or disclosures
provided for of which the Employer becomes aware, including any security incident or actual
or suspected breach that may compromise PHI;
e.Make available PHI in accordance with Section 164.524 of the Privacy Standards
(45 CFR 164.524);
f.Make available PHI for amendment and incorporate any amendments to PHI in accordance
with Section 164.526 of the Privacy Standards (45 CFR 164.526);
g.Make available the information required to provide an accounting of disclosures in
accordance with Section 164.528 of the Privacy Standards (45 CFR 164.528);
h.Make its internal practices, books and records relating to the use and disclosure of PHI
received from the Plan available to the Secretary of the U.S. Department of Health and
Human Services ("HHS"), or any other officer or employee of HHS to whom the authority
involved has been delegated, for purposes of determining compliance by the Plan with
Part 164, Subpart E, of the Privacy Standards (45 CFR 164.500 et seq);
i.Implement administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of PHI;
j.If feasible, return or destroy all PHI received from the Plan that the Employer still maintains
in any form and retain no copies of such PHI when no longer needed for the purpose for
which disclosure was made, except that, if such return or destruction is not feasible, limit
further uses and disclosures to those purposes that make the return or destruction of the PHI
infeasible; and
k.Ensure that adequate separation between the Plan and the Employer, as required in
Section 164.504(f)(2)(iii) of the Privacy Standards (45 CFR 164.504(f)(2)(iii)), is established
as follows:
i.The employees, or classes of employees, or other persons under control of the
Employer who are identified in the Plan Adoption Agreement, shall be given access
to the PHI to be disclosed.
ii.The access to and use of PHI by the individuals described in subsection (i) above
shall be restricted to the Plan Administration functions that the Employer performs
for the Plan.
iii.In the event any of the individuals described in subsection (i) above do not comply
with the provisions of the Plan Documents relating to use and disclosure of PHI, the
Plan Administrator shall impose reasonable sanctions as necessary, in its discretion,
to ensure that no further non-compliance occurs. Such sanctions shall be imposed
progressively (for example, an oral warning, a written warning, time off without pay
and termination), if appropriate, and shall be imposed so that they are commensurate
with the severity of the violation.
"Plan Administration" activities are limited to activities that would meet the
definition of payment or health care operations, but do not include functions to
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modify, amend or terminate the Plan or solicit bids from prospective issuers. "Plan
Administration" functions include quality assurance, claims processing, auditing,
monitoring and management of carve-out plans, such as vision and dental. It does not
include any employment-related functions or functions in connection with any other
benefit or benefit plans.
3.Disclosure of Certain Enrollment Information to the Employer
Pursuant to Section 164.504(f)(l)(iii) of the Privacy Standards (45 CFR 164.504(f)(l)(iii)), the Plan
may disclose to the Employer information on whether an individual is participating in the Plan or is
enrolled in or has disenrolled from a health insurance issuer or health maintenance organization
offered by the Plan to the Employer.
4.Disclosure of PHI to Obtain Stop-loss or Excess Loss Coverage
The Employer hereby authorizes and directs the Plan, through the Plan Administrator or its third party
administrator, to disclose PHI to stop-loss carriers, excess loss carriers or managing general
underwriters (MGUs) as directed by the Employer for underwriting and other purposes in order to
obtain and maintain stop-loss or excess loss coverage related to benefit claims under the Plan,
provided that genetic information will not be used for underwriting purposes. Such disclosures shall
be made in accordance with the Privacy Standards.The Employer certifies that such disclosures are
for Plan administration purposes and that any third party to whom the Employer directs disclosure
from the Plan has agreed to also comply with this amendment, as set out in Section 2.b.
5.Other Disclosures and Uses of PHI
With respect to all other uses and disclosures of PHI, the Plan shall comply with the Privacy
Standards.
Claims Procedure
A Participant, spouse or dependent (the "Claimant") shall apply for Plan benefits in writing on a form provided
by the Plan Administrator, or in such other manner as prescribed by the Plan Administrator. A communication
regarding benefits that is not made in accordance with these procedures will not be treated as a claim under
these procedures. Claims shall be evaluated by the Plan Administrator or such other person or entity
designated by the Plan Administrator and shall be approved or denied in accordance with the terms of the Plan
and Plan Adoption Agreement. All references to the Plan Administrator shall include any such delegate. No
Claimant shall be entitled to benefits unless the Plan Administrator or its delegate determines in its discretion
that the Claimant is entitled to benefits.
1.Claims
The Plan Administrator shall make a determination within a reasonable period of time, but not later
than 30 days after receipt of the claim. This period may be extended one time by the Plan for up to 15
days, provided that the Plan Administrator both determines that such an extension is necessary due to
matters beyond the control of the Plan and notifies the Claimant, prior to the expiration of the initial
30-day period, of the circumstances requiring the extension of time and the date by which the Plan
expects to render a decision. If such an extension is necessary due to a failure of the Claimant to
submit the information necessary to decide the claim, the notice of extension shall specifically
describe the required information, and the Claimant shall be afforded at least 45 days from receipt of
the notice within which to provide the specified information and the period for making the benefit
determination shall be tolled from the date on which the notice of extension is sent to the Claimant
until the date on which the Claimant responds to the request for additional information, or the deadline
to submit the additional information, if earlier.
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2.Notice of Denial
If the claim is denied in whole or in part, the Claimant will receive a written notice that includes:
a.The specific reason or reasons for the denial;
b.Reference to the specific Plan provision(s) on which the denial is based;
c.Adescription of any additional material or information needed from the Claimant in
connection with the claim and the reason such material or information is needed;
d.An explanation of the claims review procedures and the applicable time limits, including a
statement concerning the Claimant's right to bring a civil action following an adverse
determination on review;
e.Astatement regarding any internal rule, guideline, protocol or other criterion that was relied
upon in making the adverse determination (or a statement that a copy will be provided free
upon request);
f.If the denial is based on a medical necessity or experimental treatment or similar exclusion or
limit, an explanation of the scientific or clinical judgment that led to this determination (or a
statement that a copy will be provided free upon request); and
g.Any other information required by law.
3.Right to Request Review: Internal Appeal
The Claimant must make a written request for review to the Plan Administrator within 180 days of the
initial denial of the claim. If a written request for review is not made within such 180 day period, the
request for review may (but is
not required to) include issues, comments, documents, and other records the Claimant wants
considered in the review. All the information the Claimant submits will be taken into account on
review, even if it was not reviewed as part of the initial decision. The appeal will be conducted by a
person different from the person who made the initial decision. No deference will be given to the
initial decision. The Claimant may ask to examine or receive free copies of Plan documents, records,
and other information relevant to the claim by asking the Plan Administrator.
The Claimant will be given the identity of medical or vocational experts if requested, whose advice
itial claim denial, if any, even if their
advice was not relied upon in making the initial decision. Where an adverse determination is based in
whole or in part on a medical judgment, including determinations with regard to whether a particular
treatment, drug or other item is experimental, investigational, or not medically necessary or
appropriate, the Plan will consult with a health care professional who has experience in the field of
eal. The Plan Administrator
reserves the right to delegate its authority to make decisions.
4.Decision Upon Review: Internal Appeal
The Plan Administrator shall make a determination within a reasonable period of time, but not later
than 60 days after receipt by the Plan of the Claimant's request for review of adverse determination.
5.Notice of Denial of Internal Appeal
If the decision on the appeal is denied, the Claimant will receive a written notice that includes:
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a.The specific reason or reasons for the denial;
b.Reference to the specific Plan provisions on which the denial is based;
c.A statement that the Claimant is entitled to receive, upon request and free of charge,
reasonable access to, and copies of, all documents, records and other information relevant to
d.A statement explaining any voluntary appeal procedures offered by the Plan and the
Claimant's right to bring a civil action;
e.A statement regarding any internal rule, guideline, protocol or other criterion that was relied
upon in making the adverse determination (or a statement that a copy will be provided free
upon request);
f.If the denial is based on a medical necessity or experimental treatment or similar exclusion or
limit, an explanation of the scientific or clinical judgment that led to this determination (or a
statement that a copy will be provided free upon request); and
g.Any other information required by law.
6.External Appeal Process
Where required by law, a Claimant may be able to file an external appeal with an independent review
for external review within four (4) months of the date the Claimant receives the internal appeal denial
court. When a Claimant files a request for external review, the Claimant will be required to authorize
release of any medical records that may be required to be reviewed for the purpose of reaching a
decision on the external review. Additional information on the external review process, where
applicable, will be included in the internal appeal determination notice, or the Claimant may contact
the Plan Administrator to request such additional information.
IN WITNESS WHEREOF, this Plan has been executed this ___ day of _________, 20___, by MidAmerica
Administrative & Retirement Solutions, Inc.
MIDAMERICA ADMINISTRATIVE &
RETIREMENT SOLUTIONS, INC.
By:
Its:President
IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this
communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or
recommend any purchase, investment or other action.
HRA Active Employees Plan Document Rev. 01.2014 Page 11 of 11
Packet Page Number 90 of 332
G7, Attachment 1
Health Reimbursement Arrangement for Active Employees
Service Agreement
for
CityofMaplewood
CityofMaplewood
The undersigned Employer, ________________________________________________________,
hereby appoints MidAmerica Administrative & Retirement Solutions, Inc. to provide
City ofMaplewoodHealthReimbursementArrangement
administrative services on behalf of
(the , including processing Participant claims for eligible health care expense reimbursements.
The Employer shall provide to MidAmerica any and all information which is necessary in order for
MidAmerica to fulfill its obligations hereunder. Administrative Services are described in Appendix A.
MidAmerica shall at all times adhere to the terms and conditions of the Employer's Health
Reimbursement Arrangement.
This Service Agreement may be cancelled by the Employer at any time upon written notice to
MidAmerica. In the event of such termination, MidAmerica shall complete claims that are in process, but
shall otherwise follow the instructions of the Employer with respect to the transition of claims processing.
Hold Harmless Agreement and Indemnity. MidAmerica and the Employer agree that they will each be
responsible for the prompt and complete performance of the services each has agreed to provide under this
Agreement, as set forth above. In addition to these undertakings, the parties assume the following
responsibilities:
(a)Hold Harmless Agreement of MidAmerica: MidAmerica shall indemnify and hold harmless the
Employer, any member of the governing board, and Employees from every claim, demand or suit
which may arise out of, be connected with, or be made due to the negligence of MidAmerica or failure
of MidAmerica to meet the requirements of this Agreement. However, this indemnification shall not
cover any claim, demand, or suit based on erroneous information provided by the Employer or
limited to actual damages and out-of-pocket legal fees and expenses only.
(b)Other Providers: If the services provided by MidAmerica under this Agreement were previously
provided by the Employer or a third party, the Employer agrees that MidAmerica shall not be
responsible for any failure of the prior Plan document or administrative services to comply with the
requirements foremployer-provided medical reimbursement Plan under Code Sections 105 and 106
and regulations issued thereunder, and as a health reimbursement arrangement as described in IRS
Notice 2002-45 and Revenue Ruling 2002-41, other applicable law, or the prior Plan. This does not
as described herein and required under IRS regulations. MidAmerica is also not responsible for the
accuracy and completeness of participant and payroll data provided by the Employer or any third party
provider. Employer agrees that MidAmerica and its affiliates and employees will be indemnified by
any responsible third parties from any claim asserted against any of them for any of these reasons, and
due to the assertion of such a claim, or by the Employer if not adequately indemnified by third parties.
Nothing herein will prevent the assertion of any claim directly against any third party by MidAmerica
or the Employer.
Packet Page Number 91 of 332
G7, Attachment 1
Fees, Payment, Other Revenue. MidAmerica will charge fees for its services in accordance with the Fee
Schedule on the Adoption Agreement and will bill these fees to the Employer or to the Participants as
provided in the Fee Schedule, or as specifically instructed by the Employer in writing. If the Employer
agrees to pay the fees, but either (a) does not do so within 60 days from the date of the Fee Invoice, or (b)
the Employer instructs MidAmerica to pay the fees from Plan contributions and MidAmerica accepts such
instructions, the fees will be paid out of contributions and, if necessary, allocated to Participant accounts.
If fees are Employer paid, such fees shall be invoiced to Employer on a quarterly basis by MidAmerica
following the end of the quarter.
The Fee Schedule shall remain in effect in the amounts described in Fee Schedule for a term of three (3)
Plan years in which MidAmerica is providing administrative services. Thereafter, any changes to the fee
agreement will be supplied to the Employer 60 days prior to the effective date of the changes.
Notices and Communications.
(a)Notices. All notices provided for herein shall be sent by confirmed facsimile, or
guaranteed overnight mail with tracing capability or by first class United States mail, with
postage prepaid, addressed to the other party at its respective addresses set forth below or such
other addresses as either party may designate in writing to the other from time to time for such
purposes. All notices provided for herein shall be deemed given or made when received.
(b)Addresses. The MidAmerica address for notices as described above is MidAmerica
Administrative & Retirement Solutions, Inc., 402 South Kentucky Avenue, Suite 500, Lakeland,
1830CountyRoadBEast,
FL 33801. The Plan/Employer address for notices as described above is
Maplewood,MN55109
.
(c)Communications. The Employer agrees that MidAmerica may communicate
confidential, protected, privileged or otherwise sensitive information to the Employer through a
named contact designated by the Employer (Named Contact) and specifically agrees to
indemnify MidAmerica and hold it harmless; (i) for any such communication directed to the
Employer through the Named Contact attempted via fax, mail, telephone, e-mail or any other
media, acknowledging the possibility that such communication may be inadvertently misrouted or
intercepted; and (ii) from any claim for the improper use or disclosure of any health information
by MidAmerica where such information is used or disclosed in a manner consistent with its duties
and responsibilities hereunder.
Packet Page Number 92 of 332
G7, Attachment 1
Assignment.Some or all of the rights and duties of MidAmerica hereunder may be assigned to an affiliate
of MidAmerica, or to any successor through merger, reorganization, or sale of assets. Some or all of the
duties of MidAmerica may also be performed by others under subcontract to MidAmerica, without the
release of MidAmerica for responsibility for such services. MidAmerica may, by letter or other writing,
agree to extend this Agreement to any other Plan of the Employer or Plans sponsored by affiliates of the
Employer. Otherwise, no party may assign this Agreement nor any rights or duties hereunder without
written consent from the other party.
Confidentiality. Except as noted herein, MidAmerica will not disclose to any third party any of
-specific information.
MidAmerica agrees to the HIPAA Business Associate Addendum for any program subject to HIPAA.
MidAmerica agrees to amend this Agreement as is necessary from time to time to comply with the
requirements of the privacy rules under HIPAA or other legislation.
Standard of Care; Erroneous Payments. MidAmerica shall use reasonable care and due diligence in
the exercise of its powers and the performance of its duties under this Agreement. If MidAmerica makes
any payment under this Agreement to an ineligible person, or if more than the correct amount is paid,
MidAmerica shall make a diligent effort to recover any payment made to or on behalf of an ineligible
person or any overpayment. However, MidAmerica will not be liable for such payment, unless
MidAmerica would otherwise be liable under another provision of this Agreement.
Compliance; non-waiver. Failure by the Employer or MidAmerica to insist upon strict performance of
any provision of this Agreement will not modify such provision, render it unenforceable, or waive any
subsequent breach. No waiver or modification of any of the terms or provisions of this Agreement shall
be valid unless in each instance the waiver or modification is accomplished pursuant to the amendment
provisions of Assignment Section.
Compliance with the law. The Employer is responsible for the Plan's compliance with all applicable
federal and state laws and regulations. The Employer acknowledges that MidAmerica is not providing tax
or legal advice and that the Employer shall be solely responsible for determining the legal and tax status
of the Plan.
Severability. If any term of this Agreement is declared invalid by a court, the same will not affect the
validity of any other provision, provided that the basic purposes of this Agreement are achieved through
the remaining valid provisions.
Mandatory Arbitration. Any controversy or claim arising out of or relating to this Agreement may be
properly submitted to binding arbitration in accordance with the rules of the American Arbitration
Association. Judgment on the award rendered by the arbitrators may be entered in any court having
jurisdiction. The cost and expenses of arbitration, including the fees of the arbitrators, shall be borne by
the losing party or in such proportions as the arbitrators may determine. The successful party shall
recover as exp
or any appeals therefrom.
Entire Agreement; Governing Law. This Agreement (including the Appendix) is the full Agreement of
the parties with respect to the subject matter hereof and supersedes all prior agreements and
representations between the parties. Any waiver, modification or amendment of any provision of this
Agreement shall be effective only if in writing and signed by both parties. This Agreement shall be
construed, enforced, and governed by the laws of the State of Florida.
Packet Page Number 93 of 332
G7, Attachment 1
By the signature of its authorized agent below, MidAmerica Administrative & Retirement Solutions, Inc.
hereby agrees to provide all administrative services called for under the herein referenced Plan for the
Employer and charge only those fees permitted under the Plan.
CityofMaplewood
Name of Employer:
Signature: Signature:
MelindaColeman
Print Name:
CityManager
Title:
Date: Date:
MidAmerica Administrative & Retirement Solutions, Inc.
Signature:
Print Name: CEBS
Title: President
Date:
Packet Page Number 94 of 332
G7, Attachment 1
Addendum to the
Health Reimbursement Arrangement for Active
Employees
Service Agreement
for
WHEREAS, (the “Employer”) has established and adopted the
MidAmericaAdministrative & Retirement Solutions, Inc., Health Reimbursement Arrangement
(the “Plan”) for the benefit of its eligible employees and their dependents;
WHEREAS, the section of the Service Agreement entitled “Entire Agreement; Governing Law”
reserves the right of the Employer to amend at any time any or all of the provisions of the Service
Agreement; and
WHEREAS, the Employer wishes toamend the Service Agreement;
NOW, THEREFORE, BE IT RESOLVEDthat theService Agreementis amended effective as
ofJanuary 1, 201, as follows:
(1)Following the third paragraph of theService Agreement, the Service Agreementshall be
amended to include the following:
Definitions:
a)“Agreement”means this Administrative Service Agreement, including all Exhibits
hereto.
b)“Card Transaction” means a transaction by a Participant making use of thedebit card
issued byAlegeus Technologies.
c)“Debit Card Claims” means the claims received through payment with a debit card issued
by Alegeus Technologies.
d)“Employer” has the meaning given in the Recitals.
e)“Alegeus Technologies”refers to the Payment Card provider.
f)“Alegeus TechnologiesDebit Card” means the Payment Card to be issued by Alegeus
Technologies and used by Participants in the Plan.
g)“Payment Card” means a debit card or a stored-value card.
Packet Page Number 95 of 332
G7, Attachment 1
h)“Plan” meansthe Health Reimbursement Arrangement.
2)Following the sectionof the Service Agreement entitled “Definitions” the Service Agreement shall be
amended to include the following:
Information to MidAmerica. The Employershall furnish the information requested by
MidAmericaas determined necessary by MidAmericafor it to perform its functions hereunder,
including information concerning the Plan and the eligibility of individuals to participate in and
receivePlanbenefits (“Contribution Billing Reports”). Such information shall be provided to
MidAmericaatthe time and in themanner agreed to by the Employerand MidAmerica.
MidAmericashall have no responsibility with regard to benefits paid inerror due to the
Employer’s failure to timelyprovide or update such information.MidAmericashall be entitled to
rely on the completeness and accuracy of all information provided by the Employer, its delegates
or employees.
The Employer shall be responsible for providing Contribution Billing Reports to MidAmerica.
The Contribution Billing Reports by the Employer shall specify the effective date for each
Participant who is added to orterminated from participation in the Plan.The Employershall be
responsible for ensuring the accuracy of its Contribution Billing Reports and shall bear the burden
of proof in any dispute relating to the accuracy of its Contribution Billing Reports. MidAmerica
shall have noliability,to the Employer and to any Participant,as a consequence of an inaccurate
Contribution Billing Report.MidAmericashall not have any obligation to credit the Employerfor
any claims expenses or administrative fees incurred or paid to MidAmericaas a consequence of
the Employerfailing to review Contribution Billing Reports for accuracy. MidAmericashall be
entitled to assumethat all informationprovided by the Employeris complete and accurate and is
under no duty to question the completeness or accuracy of such information.
3)Following the section of the Service Agreement entitled “Information to MidAmerica” the Service
Agreement shall be amended to include the following:
Liability for Payment of Card Claims.The Employer is responsible for all ineligible and
unauthorized transactions paid with debit cards issued by Alegeus Technologies. In no
event will Alegeus Technologiesor MidAmericabe liable for any such transactions. In the
event a debit card issued by Alegeus Technologies is used for an ineligible expense, the
Employer will credit the Account and use its best efforts to recover the funds from the
Participant. The Employer will bear the loss of anyuncollectible amounts from Participants. In
the event thatthe Employer requests certain restricted merchant category codes be made
available for use by Participants, the Employer will assume liability for any and all losses
incurred either fraudulently or inadvertently by the Participant; in addition to all fees associated
with incurred losses.
4)Following the section of the Service Agreement entitled “Liability for Payment of Card Claims” the
Service Agreement shall be amended to include the following:
Claims Appeals.The Employer shall make final determination regarding any claim for benefits
on coverage that is appealed,including (a)any question of eligibility or entitlement of the
claimant for coverage under the Plan, (b)any question with respect to the amount due; or (c)any
other appeal.
Packet Page Number 96 of 332
G7, Attachment 1
5)Following the section of the Service Agreement entitled “Claims Appeals” the Service Agreement shall
be amended to include the following:
Funding and Payment of Payment Card Claims.Alegeus Technologieswill monitor all debit
card transactions and provide MidAmerica with daily reports of debit card claim transactions.
6)Following the section of the Service Agreement entitled “Funding and Payment of Payment Card
Claims” the Service Agreement shall be amended to include the following:
Employer’s Failure to Maintain Sufficient Funds for Benefit Payments.In the case that
the participating Employer does not forward the contributionamountsto
MidAmericaina timely manner, MidAmericareserves the right to delaythe payments of claims
until monies arereceived.Employer is responsible for any and all third party costs
incurred by AlegeusTechnologies as a result of not consistently maintaining the funding of the
plan.
7)The sectionof the Service Agreement entitled “Fees, Payment, Other Revenue” shall be amended to
include the following:
In addition to the monthly Administrative Fee, MidAmericawill charge a fee of $1.00 per
Participant per monthfor its servicesin providing the debit cards issued by Alegeus Technologies,
and such fee shallbe billed quarterlyto the Employer. If the Employer agrees to pay the fees, but
either (a) does not do so within 60 days from the date of the Fee Invoice, or (b) the Employer
instructs MidAmericato pay the fees from Plancontributions and MidAmericaaccepts such
instructions, the fees will be paid out of contributions and, if necessary, allocated to Participant
accounts.
8)Preceding the section of the Service Agreement entitled “Definitions” the Service Agreement shall be
amended to include the following:
Termination of this Agreement shall not terminate the rights or obligations ofeither party arising
out ofa period prior to such termination. The indemnity confidentiality and privacyprovisions of
this Agreement shall survive its termination.
Name of Client:
Signature: Signature:
PrintName:
Title:
Date:Date:
MidAmericaAdministrative& Retirement Solutions,Inc.
Signature:
PrintName:CEBS
Title:
Date:
Packet Page Number 97 of 332
G7, Attachment 2
Health Reimbursement Arrangement for Retirees
ADOPTION AGREEMENT
for
CityofMaplewood
1830CountyRoadBEast
Employer Address:
Maplewood,MN55109
651-249-2054
Employer Telephone Number:
41-6008920
Employer Identification Number:
The undersigned Employer, by executing this Adoption Agreement, hereby adopts and implements the Health Reimbursement
Arrangement for Retirees (hereinafter referred to as the Plan) and agrees to abide by the terms of the Plan. With this
Adoption Agreement, and by its authorized signature below, the Employer hereby makes the following designations.
January1,2006
Effective Date.The is
January1,2018
.The Plan is available to Retirees of the Employer effective January1,2006.
December31
Plan Year. The Plan Year ends on .
Eligible Classes. The class or classes of Retirees covered by this Plan are: (See attached Class Specifications.)
SeparatedHDHPemployees-IntegratedHRARollover
Class RetA:Class RetB:
Class RetC:Class RetD:
Class RetE:Class RetF:
Designation of Plan Administrator. The Employer hereby designates the following initial Plan Administrator: MidAmerica Administrative &
Retirement Solutions, Inc.
Designation of Individuals to Have Access to PHI. The following Employees, classes of Employees, or
other persons shall be given access to the PHI to be disclosed:
BusinessOfficePersonnelHRDepartmentPersonnel
The Employer hereby agrees to the provisions of the Plan and has executed this Adoption Agreement on this day of day of
17
, 20 .
CityofMaplewood
Name of Employer:
Signature: Signature:
MelindaColeman
Print Name:
CityManager
Title:
TerrieRameaux
Employer CONTACT (print):
HumanResourceCoordinator
Title:
terrie.rameaux@maplewoodmn.gov
E-Mail:
651-249-2054
Telephone: Ext.
651-249-2059
Fax:
IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any
attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.
Packet Page Number 98 of 332
G7, Attachment 2
Employer Representations
The Employer intends to reduce its Retirees' medical expenses by providing reimbursement of such expenses, in a limited
capacity. The Employer anticipates that participation in the HRA will encourage prospective Retirees to retire earlier, as
they will be better able to afford quality health care prior to the age at which they are Medicare eligible.
The Employer may allow Retirees to participate in both the HRA and the Special Pay Plan (403(b)).
Retirees are not permitted to make any election or choice between cash, the HRA, and/or the Special Pay Plan, or any other
tax deferred program.
The Employer will base HRA allocations on its estimates of the costs required to provide a certain amount of medical
reimbursements to its Retiree population as that population approaches Medicare age.
The Employer has discretion in determining classes of Employees eligible to participate in the Retiree HRA. Once
determined, Retirees in the class shall be treated uniformly and be provided a uniform allocation to the HRA. Such class
shall remain in effect for the Employer's entire fiscal year for all affected Retirees in such year and for all future
contributions to such class. Each year, the Employer may reevaluate allocations and classes for new Retirees only.
The Employer may gather information from the Retiree to determine the appropriate allocation to the HRA, but individual
Participants are not allowed to elect or to determine their allocation.
The Employer will monitor all rehires to ensure that less than two employees are in the Retiree HRA Plan.
The Employer acknowledges that it has received the Plan document for the HRA and agrees with all the terms therein.
The Employer understands that whether a contribution to the HRA is non-elective for tax purposes is a facts and
circumstances determination, and the Employer is responsible for whether the contribution is truly non-elective or not. The
Employer understands that MidAmerica Administrative & Retirement Solutions, Inc. and its agents and employees are not tax
or legal advisors. They may provide general information regarding the tax treatment of health reimbursement arrangements,
but the Employer should consult with its own tax or legal advisors as to how tax and other rules may apply to its own facts and
circumstances.
The Employer will not provide any information or forms or enter into any contracts inconsistent with the preceding.
January1,2017
Effective DateEmployer Initials Employer Initials
Packet Page Number 99 of 332
G7, Attachment 2
SeparatedHDHPemployees-IntegratedHRARollover
Eligible Class RetA:
Defined as:
Employment Status Upon the initial contribution to the Plan, Participant employment status shall be:
Retiree Active with no access to benefit until retirement or separation of service
Contribution Types All funds for the Plan shall come exclusively from the Employer and shall be determined in accordance with the following
formula:
Dollar Amount Percentage of Compensation or Retirement Pay
Contribution Frequency
One Time Annually Quarterly
RolloverofIntegratedfundsforSeparatedEmployees
Semi-Annually Monthly Other
Vesting Schedule Participants shall own their account balance in accordance with the following vesting schedule:
100% Immediate
100% upon Retirement, meeting the eligible requirements for retirement
100% uponSeparation of Service
Other
Forfeitures Employees who are not 100% vested under the Vesting Schedule at the time of termination shall forfeit their unvested funds. In the event
ds remaining in the account
shall be forfeited. In the event that the Participant opts out of participation in the Plan, all vested and unvested funds shall be forfeited. Forfeitures
shall:
Reduce future Employer contributions
Be redistributed pro-rata at the end of each Plan Year to all Plan Participants who are actively employed as of the end of the Plan Year
Run-off Times Participants will be allowed 0 (zero) days to continue incurring expenses after the date that their Participation in the Plan ends. The
Run-off time for Participants to submit claims for reimbursement from funds that shall be forfeited will be 90 (ninety) days. The Run-off time for funds
that shall be forfeited due to death will be one year.
Reimbursements Reimbursements shall be for:
All eligible Medical Expenses specified in section 213(d) of the Internal Revenue Code
Limited Purpose
Post Deductible
Premium Only Medical Expenses
HRA/FSA Ordering
The Employer maintains a Flexible Spending Account(FSA)plan in which Participants may elect to participate.
The Plan permits reimbursements for expenses eligible to be reimbursed by the FSA plan and therefore the HRA shall not reimburse before
expenses exceeding the dollar amount of any FSA have been paid.
The Plan permits reimbursements for Limited Purpose, Deductible or Premium Only expenses which are not eligible to be reimbursed by the
FSA plan and therefore the HRA shall reimburse before the P
Administration Fees: Administrative Fees are paid by the
$1.00(debitcardfee)permonthperformeremployee
____________________________________________________________________________________________________________________
Distribution Fees: A reimbursement processing fee of $5.00 for each claim processed manuallyup to an annual maximum of six claims shall be
paid by the
ReimbursementEligibility A Participantshall be eligible forreimbursementof medicalexpenses atthe time selected below.
Immediate
Upon becoming 100% vested
Upon Retirement or Separation of Service
AmericanUnitedLifeInsuranceCompany
Investment SelectionInvestment Provider:
Type of Investment: Fixed annuity only Variable annuities Default Forfeiture Default
Employer directed
Participant directed; restrictions are:
None
100% vested
At Retirement
Account balance in excess of $
Other
Funds limited (see attachment)
January1,2017
Effective DateEmployer Initials Employer Initials
Packet Page Number 100 of 332
G7, Attachment 2
Health Reimbursement Arrangement for Retirees
PLAN DOCUMENT
January1,2006January1,2018
. The
January1,2006
Plan is available to Retirees of the Employer effective .
HRA for Retirees Rev. 01.2014
Packet Page Number 101 of 332
G7, Attachment 2
Health Reimbursement Arrangement for Retirees
Plan Document Table of Contents
Page
Introduction .................................................................................................................................................. 3
Legal Status .................................................................................................................................................. 3
Participation ................................................................................................................................................. 3
Participant Opt Out ...................................................................................................................................... 3
Benefits and Eligibility for Benefits ............................................................................................................ 4
Funding ........................................................................................................................................................ 4
Interest Credit ............................................................................................................................................... 5
Vesting .......................................................................................................................................................... 5
Continuation Coverage ................................................................................................................................ 5
Plan Investments .......................................................................................................................................... 5
Plan Administrator ....................................................................................................................................... 5
Administrative Fees ...................................................................................................................................... 5
Administration .............................................................................................................................................. 6
Death Benefit................................................................................................................................................ 6
Plan Amendments ........................................................................................................................................ 7
Involuntary Access to Funds ....................................................................................................................... 7
Plan Termination ......................................................................................................................................... 7
HIPAA Compliance ..................................................................................................................................... 7
Claims Procedure ......................................................................................................................................... 9
HRA for Retirees Rev. 01.2014 Page 2 of 11
Packet Page Number 102 of 332
G7, Attachment 2
Health Reimbursement Arrangement for Retirees
Introduction
The Employer has established and adopted the MidAmerica Administrative & Retirement Solutions, Inc.
Health Reimbursement Arrangement for Retirees to enable eligible former employees and
their dependents to be reimbursed tax-free for eligible medical and dental expenses. Contributions to the Plan
shall be made by the Employer and credited to Participants' accounts. Claims for reimbursement shall be
processed and reimbursements paid out on a tax-free basis for medical expenses in accordance with Internal
Revenue Service Guidelines for Health Reimbursement Agreements, IRS Publication 502, Internal Revenue
Code (the "Code") Sections 213(d), 105 and 106 as described in Revenue Ruling 2002-41 and IRS
Notice 2002-45.
Legal Status
This Plan is intended to qualify as an employer-provided medical reimbursement plan under Code Sections
105 and 106 and regulations issued thereunder, as a health reimbursement arrangement as described in IRS
Notice 2002-45 and Revenue Ruling 2002-41, and to comply with IRS Notice 2013-54 and shall be interpreted
to accomplish those objectives. The expenses reimbursed under the Plan are intended to be eligible for
exclusion from Participants' gross income under Code Section 105(b).
Notwithstanding anything to the contrary, the portion of the Plan that reimburses Highly Compensated
Individuals, as defined in Code Section 105(h), for premiums paid under an insured plan shall be treated as a
separate plan that is not subject to the requirements of Code Section 105(h), pursuant to Treasury Regulation
Section 1.105-11(b)(2).
Participation
Eligible former employees of the class or classes set forth by the Employer in the Plan Adoption Agreement
will be Participants in the Plan. Notwithstanding any election in the Plan Adoption Agreement to the contrary,
eligible former employees of the class or classes set forth by the Employer in the Plan Adoption Agreement
who are Highly Compensated Individuals, as defined in Code Section 105(h), and whose benefits exceed those
of other Plan Participants, will be Participants only in that portion of the Plan that reimburses Participants for
"premium only medical expenses," as described below. Under no circumstances are such individuals eligible
for reimbursements of any medical and dental expenses other than premium expenses. For purpose of this
section, a retiree who was a Highly Compensated Individual prior to his or her retirement from the Employer
shall be treated as a Highly Compensated Individual thereafter and during retirement.
Participation Opt Out
At least once per Plan Year, Participants shall be entitled to permanently opt out of participation in the Plan.
and the waiver of any future reimbursements from the Plan. The Participant may, however, continue to submit
claims for reimbursement of expenses incurred prior to the opt out date, pursuant to the Run-Off Times section
of the Plan Adoption Agreement. Any forfeited amount shall be applied as elected by the Employer in the
Plan Adoption Agreement.
In the event that the Participant is reemployed as an active employee of the Employer and terminates
employment with the Employer, the Participant shall be entitled to permanently opt out of participation in the
Plan at the time of termination. In addition to the forfeiture of unvested funds as provided for in the Forfeiture
section of the Plan Adoption Agreement, any such opt out will result in the forfeiture of any vested funds and
the waiver of any future reimbursements from the Plan. The Participant may, however, continue to submit
claims for reimbursement of expenses incurred prior to the opt out date, pursuant to the Run-Off Times section
of the Plan Adoption Agreement. Any forfeited amount shall be applied as elected by the Employer in the
Plan Adoption Agreement.
HRA for Retirees Rev. 01.2014 Page 3 of 11
Packet Page Number 103 of 332
G7, Attachment 2
Health Reimbursement Arrangement for Retirees
Benefits and Eligibility for Benefits
A Participant shall be entitled to reimbursements of eligible medical and dental expenses upon the occurrence
of the event selected in the Plan Adoption Agreement, but in no event until after expenses exceeding the dollar
amount of any flexible spending arrangement ("FSA") in which the Participant shall also participate have been
paid, or, if the medical or dental expense is reimbursable from a health savings account ("HSA"), amounts
shall only be available from this Plan in accordance with paragraph 9 of the Administration section herein.
If the Employer indicates in the Adoption Agreement that Reimbursements shall be for "all eligible section
213(d) medical expenses,"eligible medical and dental expenses for purposes of this Plan are those expenses
that are:
a. incurred by the Participant, spouse or tax dependent (as defined in paragraph 9 of the
;
b. incurred for Medical Care - "Medical Care" shall have the same meaning as in section 213(d)
of the Code, and shall include: (i) amounts paid for the diagnosis, cure, mitigation, treatment,
or prevention of disease, or for the purpose of affecting any structure or function of the body,
except that eligible medical and dental expenses shall specifically exclude expenses for a
medicine or drug incurred on or after January 1, 2011, unless such medicine or drug is a
prescribed drug (determined without regard to whether such drug is available without a
prescription) or is insulin, and (ii) premiums for medical and dental coverage, including
premiums under part B and part D of title XVIII of the Social Security Act (relating to
supplementary medical insurance for the aged and prescription drug coverage, respectively);
and
c. not compensated through insurance and not paid for with a tax-free distribution from a
Medical Savings Account (MSA), Health Savings Account (HSA), or Health Flexible
Spending Arrangement and not attributable to a deduction allowed under Code section 213(d)
for any prior taxable year.
If the Employer indicates in the Adoption Agreement that reimbursements shall be for "premium only medical
expenses," eligible medical and dental expenses for purposes of this Plan are those expenses that are:
a. incurred by the Participant, spouse or tax dependent (as defined in paragraph 9 of the
;
b. premiums for medical and dental coverage, including premiums under part B and part D
of title XVIII of the Social Security Act (relating to supplementary medical insurance for the
aged and prescription drug coverage, respectively); and
c. not paid for with a tax-free distribution from a Medical Savings Account (MSA) or Health
Savings Account (HSA) and not attributable to a deduction allowed under Code section
213(d) for any prior taxable year.
Funding
All funds for the Plan shall come exclusively from the Employer and shall constitute either a specified dollar
shall from time to time determine. The amount or percentage to be determined by the Employer shall be
vesting schedule which may be elected in the Plan Adoption Agreement, all funds in the Plan belong to the
individual Participants as allocated to their accounts. Also subject to any vesting schedule which may be
elected in the Plan Adoption Agreement, once funds are allocated to the Plan, the Employer relinquishes all
right, title, control, and interest to such funds.
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Interest Credit
Interest shall be credited on a daily basis to Participant accounts based on the rate credited by the underlying
AUL fixed annuity investment option. If variable annuity investments are allowed pursuant to the Adoption
Agreement, earnings and losses shall be credited on a daily basis based on the investment funds selected.
Vesting
with the vesting schedule elected by the Employer in the Plan Adoption Agreement. If a Participant is not fully
vested in his account balance when participation hereunder of the Participant and his surviving spouse and/or
dependents ends as described in tBenefit
applied as elected by the Employer in the Plan Adoption Agreement.
Continuation Coverage
COBRA coverage shall be available on the same terms
and conditions as described herein with respect to Participants upon payment of the applicable COBRA
s) shall
be entitled to COBRA coverage for a period of 36 months upon the qualifying events of death of Participant,
divorce from Participant, or a dependent reaching an age under which he/she is ineligible under the terms of
the Plan. The level of coverag
(adjusted for investment earnings and losses), plus Employer contributions, and minus reimbursements for
claims paid from the account. Contributions shall be made at the same times as they are made for similarly
shall be available to all qualified beneficiaries electing continuation coverage on an aggregate basis.
The COBRA premium shall be a single premium regardless of the number of qualified beneficiaries electing
COBRA coverage. That premium shall be as determined annually by the Employer. The Employer shall have
no obligation to pay any portion of the COBRA premium.
Coverage in lieu of COBRA. As an alternative to COBRA continuation coverage, qualified beneficiaries may
ount during the coverage in lieu of COBRA period and no
premium will be charged for the coverage. Administrative fees as indicated herein will be applied. The balance
overage in lieu of COBRA
on an aggregate basis. Furthermore, if some qualified beneficiaries elect COBRA and others select coverage in
Plan Investments
and will consist of investments in either fixed or variable annuities.
Plan Administrator
The Employer designates as the initial Plan Administrator the entity named in the Plan Adoption Agreement.
The initial Plan Administrator shall serve as Plan Administrator until such time as a new Plan Administrator is
appointed.
Administrative Fees
An administration fee shall be payable by the Employer. Participants may be charged a distribution fee by the
the Employer.
HRA for Retirees Rev. 01.2014 Page 5 of 11
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Administration
1. Health reimbursement requests may be made monthly with no minimum reimbursement dollar amount
for recurring claims. There is a $100 minimum claim amount for all other claims unless the participant
account balance is less than $100. Additionally, a reimbursement request can only be made for
expenses incurred subsequent to the date the Participant first becomes enrolled in the Plan.
2. Participants are entitled to request reimbursements from their accounts as soon as the accounts are
funded by the Employer, but only for medical expenses incurred subsequent to the date the Participant
first becomes enrolled in the Plan. Hardship withdrawals or loans are not permitted under this Plan
and Plan funds may only be used to reimburse Participants and their dependents for qualified medical
expenses.
3. In order to receive reimbursement for eligible medical expenses, Participants shall provide the Plan
Administrator with whatever information is reasonably required. This Plan shall not and cannot
reimburse for any claims other than those allowed under Code Section 213(d) and the regulations
thereunder, as generally described in IRS Publication 502.
4. When a request is approved it shall be scheduled for disbursement. Disbursements shall be made not
th
later than the fifteenth (15) day of each month for all reimbursement requests received by the Plan
Administrator prior to the end of the preceding month.
5. Subject to the Claims Procedures rules below, decisions of the Plan Administrator shall be final on the
issue of eligible expenditures and such decisions shall be based on Code Section 213(d) and the
regulations thereunder, as interpreted by the IRS or court rulings or directives concerning the
deductibility of medical expenses for Federal Income Tax purposes, which interpretations shall be
controlling for purposes of determining reimbursement eligibility under this Plan.
6. Other than establishing this Plan and providing funding for the Plan, the Employer does not assume
any responsibility for any aspect of any Participant's health care. Participant questions shall be
directed to the Plan Administrator.
7. Each Participant shall be notified by the Plan Administrator of his or her account balance at the time a
deposit is made to his or her account. The Plan Administrator shall provide each Participant with a
quarterly statement setting forth the Participant's account balance and earnings and disbursements for
the quarter. Additionally, the Plan Administrator shall provide a Participant with a statement of
account balance in conjunction with each reimbursement distribution.
8. Funds in a Participant's account at the end of each year shall be rolled into the following year.
9. Reimbursement is available for the Participant, the Participant's spouse, the Participant's tax
dependent s as defined in Internal Revenue Code Section 152, determined without regard to
subsections (b)(1), (b)(2), and (d)(1)(B) thereof, and any child (as defined in Code Section
152(f)(1)) of the Participant who as of the end of the taxable year has not attained age twenty-
seven (27). For purposes of this Plan, such qualified tax dependents and children shall
collectively be referred to as "dependents." Submission of a request for reimbursement on behalf of
someone other than the Participant shall be deemed a representation by the Participant that the request
for reimbursement is made on behalf of a spouse or dependent.
Death Benefit
If a Participant dies prior to exhausting his vested account balance, the Participant's surviving spouse and/or
dependents are eligible to be reimbursed under this Plan for their eligible medical expenses until the vested
account balance is exhausted. In the event of the death of the Participan
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the Participant's qualifying dependents, any funds remaining in the account shall be forfeited. Forfeitures shall
be applied as elected by the Employer in the Plan Adoption Agreement.
Plan Amendments
The Employer has the authority to amend this Plan at any time, in whole or in part. Participants will be notified
of any Plan changes. Any amendment to the Plan shall not adversely affect the rights of existing Participants.
Changes imposed by the Internal Revenue Service, either by law change, regulations, or rulings, will be
effective immediately and without notice.
Involuntary Access to Funds
Funds in a Participant's Plan account are not assignable by a Participant, either in law or in equity, or subject to
estate tax, or to execution, levy, attachment, garnishment, or any other legal processes.
Plan Termination
In the event the Employer elects to terminate this Plan, which it may do, in its sole discretion, at any time and
Participants will continue to utilize their accounts as set forth in this Plan Document until their accounts are
exhausted.
HIPAA Compliance
1.Disclosure of Summary Health Information to the Employer
In accordance with the Standards for Privacy of Individually Identifiable Health Information (the
Employer, if the Employer requests the Summary Health Information for the purpose of (a) obtaining
premium bids from health plans for providing health insurance coverage under this Plan or
(b)modifying, amending or terminating the Plan.
"Summary Health Information" may be individually identifiable health information and it summarizes
the claims history, claims expenses or the type of claims experienced by individuals in the Plan, but it
excludes all identifiers that must be removed for the information to be de-identified, except that it may
contain geographic information to the extent that it is aggregated by five-digit zip code.
2.Disclosure of Protected Health Information ("PHI") to the Employer for Plan Administration Purposes
fiable health
agrees to:
a.Not use or further disclose PHI other than as permitted or required by the Plan Documents or
as Required by Law (as defined in the Privacy Standards);
b.Ensure that any agents, including a subcontractor, to whom the Employer provides PHI
received from the Plan agree to the same restrictions and conditions that apply to the
Employer with respect to such PHI;
c.Not use or disclose PHI for employment-related actions and decisions or in connection with
any other benefit or employee benefit plan of the Employer, except pursuant to an
authorization which meets the requirements of the Privacy Standards;
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d.Report to the Plan any PHI use or disclosure that is inconsistent with the uses or disclosures
provided for of which the Employer becomes aware, including any security incident or actual
or suspected breach that may compromise PHI.;
e.Make available PHI in accordance with Section 164.524 of the Privacy Standards
(45 CFR 164.524);
f.Make available PHI for amendment and incorporate any amendments to PHI in accordance
with Section 164.526 of the Privacy Standards (45 CFR 164.526);
g.Make available the information required to provide an accounting of disclosures in
accordance with Section 164.528 of the Privacy Standards (45 CFR 164.528);
h.Make its internal practices, books and records relating to the use and disclosure of PHI
received from the Plan available to the Secretary of the U.S. Department of Health and
Human Services ("HHS"), or any other officer or employee of HHS to whom the authority
involved has been delegated, for purposes of determining compliance by the Plan with
Part 164, Subpart E, of the Privacy Standards (45 CFR 164.500 et seq);
i.Implement administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of PHI;
j.If feasible, return or destroy all PHI received from the Plan that the Employer still maintains
in any form and retain no copies of such PHI when no longer needed for the purpose for
which disclosure was made, except that, if such return or destruction is not feasible, limit
further uses and disclosures to those purposes that make the return or destruction of the PHI
infeasible; and
k.Ensure that adequate separation between the Plan and the Employer, as required in
Section 164.504(f)(2)(iii) of the Privacy Standards (45 CFR 164.504(f)(2)(iii)), is established
as follows:
i.The employees, or classes of employees, or other persons under control of the
Employer who are identified in the Plan Adoption Agreement, shall be given access
to the PHI to be disclosed.
ii.Theaccess to and use of PHI by the individuals described in subsection (i) above
shall be restricted to the Plan Administration functions that the Employer performs
for the Plan.
iii.In the event any of the individuals described in subsection (i) above do not comply
with the provisions of the Plan Documents relating to use and disclosure of PHI, the
Plan Administrator shall impose reasonable sanctions as necessary, in its discretion,
to ensure that no further non-compliance occurs. Such sanctions shall be imposed
progressively (for example, an oral warning, a written warning, time off without pay
and termination), if appropriate, and shall be imposed so that they are commensurate
with the severity of the violation.
"Plan Administration" activities are limited to activities that would meet the
definition of payment or health care operations, but do not include functions to
modify, amend or terminate the Plan or solicit bids from prospective issuers. "Plan
Administration" functions include quality assurance, claims processing, auditing,
monitoring and management of carve-out plans, such as vision and dental. It does not
include any employment-related functions or functions in connection with any other
benefit or benefit plans.
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3.Disclosure of Certain Enrollment Information to the Employer
Pursuant to Section 164.504(f)(l)(iii) of the Privacy Standards (45 CFR 164.504(f)(l)(iii)), the Plan
may disclose to the Employer information on whether an individual is participating in the Plan or is
enrolled in or has disenrolled from a health insurance issuer or health maintenance organization
offered by the Plan to the Employer.
4.Disclosure of PHI to Obtain Stop-loss or Excess Loss Coverage
The Employer hereby authorizes and directs the Plan, through the Plan Administrator or its third party
administrator, to disclose PHI to stop-loss carriers, excess loss carriers or managing general
underwriters (MGUs) as directed by the Employer for underwriting and other purposes in order to
obtain and maintain stop-loss or excess loss coverage related to benefit claims under the Plan,
provided that genetic information will not be used for underwriting purposes Such disclosures shall be
made in accordance with the Privacy Standards.The Employer certifies that such disclosures are for
Plan administration purposes and that any third party to whom the Employer directs disclosure from
the Plan has agreed to also comply with this amendment, as set out in Section 2.b.
5.Other Disclosures and Uses of PHI
With respect to all other uses and disclosures of PHI, the Plan shall comply with the Privacy
Standards.
Claims Procedure
A Participant, spouse or dependent (the "Claimant") shall apply for Plan benefits in writing on a form provided
by the Plan Administrator, or in such other manner as prescribed by the Plan Administrator. A communication
regarding benefits that is not made in accordance with these procedures will not be treated as a claim under
these procedures. Claims shall be evaluated by the Plan Administrator or such other person or entity
designated by the Plan Administrator and shall be approved or denied in accordance with the terms of the Plan
and Plan Adoption Agreement. All references to the Plan Administrator shall include any such delegate. No
Claimant shall be entitled to benefits unless the Plan Administrator or its delegate determines in its discretion
that the Claimant is entitled to benefits.
1.Claims
The Plan Administrator shall make a determination within a reasonable period of time, but not later
than 30 days after receipt of the claim. This period may be extended one time by the Plan for up to 15
days, provided that the Plan Administrator both determines that such an extension is necessary due to
matters beyond the control of the Plan and notifies the Claimant, prior to the expiration of the initial
30-day period, of the circumstances requiring the extension of time and the date by which the Plan
expects to render a decision. If such an extension is necessary due to a failure of the Claimant to
submit the information necessary to decide the claim, the notice of extension shall specifically
describe the required information, and the Claimant shall be afforded at least 45 days from receipt of
the notice within which to provide the specified information and the period for making the benefit
determination shall be tolled from the date on which the notice of extension is sent to the Claimant
until the date on which the Claimant responds to the request for additional information, or the deadline
to submit the additional information, if earlier.
2.Notice of Denial
If the claim is denied in whole or in part, the Claimant will receive a written notice that includes:
a.The specific reason or reasons for the denial;
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b.Reference to the specific Plan provision(s) on which the denial is based;
c.A description of any additional material or information needed from the Claimant in
connection with the claim and the reason such material or information is needed;
d.An explanation of the claims review procedures and the applicable time limits, including a
statement concerning the Claimant's right to bring a civil action following an adverse
determination on review;
e.A statement regarding any internal rule, guideline, protocol or other criterion that was relied
upon in making the adverse determination (or a statement that a copy will be provided free
upon request);
f.If the denial is based on a medical necessity or experimental treatment or similar exclusion or
limit, an explanation of the scientific or clinical judgment that led to this determination (or a
statement that a copy will be provided free upon request);
g.Any other information required by law.
3.Right to Request Review: Internal Appeal
The Claimant must make a written request for review to the Plan Administrator within 180 days of the
initial denial of the claim. If a written request for review is not made within such 180- day period, the
not required to) include issues, comments, documents, and other records the Claimant wants
considered in the review. All the information the Claimant submits will be taken into account on
review, even if it was not reviewed as part of the initial decision. The appeal will be conducted by a
person different from the person who made the initial decision. No deference will be given to the
initial decision. The Claimant may ask to examine or receive free copies of Plan documents, records,
and other information relevant to the claim by asking the Plan Administrator.
The Claimant will be given the identity of medical or vocational experts if requested, whose advice
advice was not relied upon in making the initial decision. Where an adverse determination is based in
whole or in part on a medical judgment, including determinations with regard to whether a particular
treatment, drug or other item is experimental, investigational, or not medically necessary or
appropriate, the Plan will consult with a health care professional who has experience in the field of
reserves the right to delegate its authority to make decisions.
4.Decision Upon Review: Internal Appeal
The Plan Administrator shall make a determination within a reasonable period of time, but not later
than 60 days after receipt by the Plan of the Claimant's request for review of adverse determination.
5.Notice of Denial of Internal Appeal
If the decision on the appeal is denied, the Claimant will receive a written notice that includes:
a.The specific reason or reasons for the denial;
b.Reference to the specific Plan provisions on which the denial is based;
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c.A statement that the Claimant is entitled to receive, upon request and free of charge,
reasonable access to, and copies of, all documents, records and other information relevant to
d.A statement explaining any voluntary appeal procedures offered by the Plan and the
Claimant's right to bring a civil action;
e.A statement regarding any internal rule, guideline, protocol or other criterion that was relied
upon in making the adverse determination (or a statement that a copy will be provided free
upon request);
f.If the denial is based on a medical necessity or experimental treatment or similar exclusion or
limit, an explanation of the scientific or clinical judgment that led to this determination (or a
statement that a copy will be provided free upon request);
g.Any other information required by law.
6.External Appeal Process
Where required by law, a Claimant may be able to file an external appeal with an independent review
ecision, and the
for external review within four (4) months of the date the Claimant receives the internal appeal denial
notice. Filing a request for ext
court. When a Claimant files a request for external review, the Claimant will be required to authorize
release of any medical records that may be required to be reviewed for the purpose of reaching a
decision on the external review. Additional information on the external review process, where
applicable, will be included in the internal appeal determination notice, or the Claimant may contact
the Plan Administrator to request such additional information.
IN WITNESS WHEREOF, this Plan has been executed this ____day of _________, 20___, by MidAmerica
Administrative & Retirement Solutions, Inc.
MIDAMERICA ADMINISTRATIVE &
RETIREMENT SOLUTIONS, INC.
By:
Its:President
IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this
communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or
recommend any purchase, investment or other action.
HRA for Retirees Rev. 01.2014 Page 11 of 11
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Service Agreement
for
CityofMaplewood
CityofMaplewood
The undersigned Employer, ________________________________________________________,
hereby appoints MidAmerica Administrative & Retirement Solutions, Inc. to provide
CityofMaplewoodHealthReimbursementArrangement
administrative services on behalf of
(the Plan, including processing Participant claims for eligible health care expense reimbursements.
The Employer shall provide to MidAmerica any and all information which is necessary in order for
MidAmerica to fulfill its obligations hereunder. Administrative Services are described in Appendix A.
MidAmerica shall at all times adhere to the terms and conditions of the Employer's Health
Reimbursement Arrangement.
This Service Agreement may be cancelled by the Employer at any time upon written notice to
MidAmerica. In the event of such termination, MidAmerica shall complete claims that are in process, but
shall otherwise follow the instructions of the Employer with respect to the transition of claims processing.
Hold Harmless Agreement and Indemnity. MidAmerica and the Employer agree that they will each be
responsible for the prompt and complete performance of the services each has agreed to provide under this
Agreement, as set forth above. In addition to these undertakings, the parties assume the following
responsibilities:
(a)Hold Harmless Agreement of MidAmerica: MidAmerica shall indemnify and hold harmless the
Employer, any member of the governing board, and Employees from every claim, demand or suit
which may arise out of, be connected with, or be made due to the negligence of MidAmerica or failure
of MidAmerica to meet the requirements of this Agreement. However, this indemnification shall not
cover any claim, demand, or suit based on erroneous information provided by the Employer or
limited to actual damages and out-of-pocket legal fees and expenses only.
(b)Other Providers: If the services provided by MidAmerica under this Agreement were previously
provided by the Employer or a third party, the Employer agrees that MidAmerica shall not be
responsible for any failure of the prior Plan document or administrative services to comply with the
requirements foremployer-provided medical reimbursement Plan under Code Sections 105 and 106
and regulations issued thereunder, and as a health reimbursement arrangement as described in IRS
Notice 2002-45 and Revenue Ruling 2002-41, other applicable law, or the prior Plan. This does not
as described herein and required under IRS regulations. MidAmerica is also not responsible for the
accuracy and completeness of participant and payroll data provided by the Employer or any third party
provider. Employer agrees that MidAmerica and its affiliates and employees will be indemnified by
any responsible third parties from any claim asserted against any of them for any of these reasons, and
due to the assertion of such a claim, or by the Employer if not adequately indemnified by third parties.
Nothing herein will prevent the assertion of any claim directly against any third party by MidAmerica
or the Employer.
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Fees, Payment, Other Revenue. MidAmerica will charge fees for its services in accordance with the Fee
Schedule on the Adoption Agreement and will bill these fees to the Employer or to the Participants as
provided in the Fee Schedule, or as specifically instructed by the Employer in writing. If the Employer
agrees to pay the fees, but either (a) does not do so within 60 days from the date of the Fee Invoice, or (b)
the Employer instructs MidAmerica to pay the fees from Plan contributions and MidAmerica accepts such
instructions, the fees will be paid out of contributions and, if necessary, allocated to Participant accounts.
If fees are Employer paid, such fees shall be invoiced to Employer on a quarterly basis by MidAmerica
following the end of the quarter.
The Fee Schedule shall remain in effect in the amounts described in Fee Schedule for a term of three (3)
Plan years in which MidAmerica is providing administrative services. Thereafter, any changes to the fee
agreement will be supplied to the Employer 60 days prior to the effective date of the changes.
Notices and Communications.
(a)Notices. All notices provided for herein shall be sent by confirmed facsimile, or
guaranteed overnight mail with tracing capability or by first class United States mail, with
postage prepaid, addressed to the other party at its respective address set forth below or such
other addresses as either party may designate in writing to the other from time to time for such
purposes. All notices provided for herein shall be deemed given or made when received.
(b)Addresses. The MidAmerica address for notices as described above is MidAmerica
Administrative & Retirement Solutions, Inc., 402 South Kentucky Avenue, Suite 500, Lakeland,
1830CountyRoadBEast,
FL33801. The Plan/Employer address for notices as described above is
Maplewood,MN55109
.
(c)Communications. The Employer agrees that MidAmerica may communicate
confidential, protected, privileged or otherwise sensitive information to the Employer through a
named contact designated by the Employer (Named Contact) and specifically agrees to
indemnify MidAmerica and hold it harmless; (i) for any such communication directed to the
Employer through the Named Contact attempted via fax, mail, telephone, e-mail or any other
media, acknowledging the possibility that such communication may be inadvertently misrouted or
intercepted; and (ii) from any claim for the improper use or disclosure of any health information
by MidAmerica where such information is used or disclosed in a manner consistent with its duties
and responsibilities hereunder.
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Assignment.Some or all of the rights and duties of MidAmerica hereunder may be assigned to an affiliate
of MidAmerica, or to any successor through merger, reorganization, or sale of assets. Some or all of the
duties of MidAmerica may also be performed by others under subcontract to MidAmerica, without the
release of MidAmerica for responsibility for such services. MidAmerica may, by letter or other writing,
agree to extend this Agreement to any other Plan of the Employer or Plans sponsored by affiliates of the
Employer. Otherwise, no party may assign this Agreement nor any rights or duties hereunder without
written consent from the other party.
Confidentiality. Except as noted herein, MidAmerica will not disclose to any third party any of
-specific information.
MidAmerica agrees to the HIPAA Business Associate Addendum for any program subject to HIPAA.
MidAmerica agrees to amend this Agreement as is necessary from time to time to comply with the
requirements of the privacy rules under HIPAA or other legislation.
Standard of Care; Erroneous Payments. MidAmerica shall use reasonable care and due diligence in
the exercise of its powers and the performance of its duties under this Agreement. If MidAmerica makes
any payment under this Agreement to an ineligible person, or if more than the correct amount is paid,
MidAmerica shall make a diligent effort to recover any payment made to or on behalf of an ineligible
person or any overpayment. However, MidAmerica will not be liable for such payment, unless
MidAmerica would otherwise be liable under another provision of this Agreement.
Compliance; non-waiver. Failure by the Employer or MidAmerica to insist upon strict performance of
any provision of this Agreement will not modify such provision, render it unenforceable, or waive any
subsequent breach. No waiver or modification of any of the terms or provisions of this Agreement shall
be valid unless in each instance the waiver or modification is accomplished pursuant to the amendment
provisions of Assignment Section.
Compliance with the law. The Employer is responsible for the Plan's compliance with all applicable
federal and state laws and regulations. The Employer acknowledges that MidAmerica is not providing tax
or legal advice and that the Employer shall be solely responsible for determining the legal and tax status
of the Plan.
Severability. If any term of this Agreement is declared invalid by a court, the same will not affect the
validity of any other provision, provided that the basic purposes of this Agreement are achieved through
the remaining valid provisions.
Mandatory Arbitration. Any controversy or claim arising out of or relating to this Agreement may be
properly submitted to binding arbitration in accordance with the rules of the American Arbitration
Association. Judgment on the award rendered by the arbitrators may be entered in any court having
jurisdiction. The cost and expenses of arbitration, including the fees of the arbitrators, shall be borne by
the losing party or in such proportions as the arbitrators may determine. The successful party shall
recover as expenses all r
or any appeals therefrom.
Entire Agreement; Governing Law. This Agreement (including the Appendix) is the full Agreement of
the parties with respect to the subject matter hereof and supersedes all prior agreements and
representations between the parties. Any waiver, modification or amendment of any provision of this
Agreement shall be effective only if in writing and signed by both parties. This Agreement shall be
construed, enforced, and governed by the laws of the State of Florida.
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By the signature of its authorized agent below, MidAmerica Administrative & Retirement Solutions, Inc.
hereby agrees to provide all administrative services called for under the herein referenced Plan for the
Employer and charge only those fees permitted under the Plan.
CityofMaplewood
Name of Employer:
Signature: Signature:
MelindaColeman
Print Name:
CityManager
Title:
Date: Date:
MidAmerica Administrative & Retirement Solutions, Inc.
Signature:
Print Name: CEBS
Title:
Date:
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Addendum to the
Health Reimbursement Arrangement for Active
Employees
Service Agreement
for
WHEREAS, (the “Employer”) has established and adopted the
MidAmericaAdministrative & Retirement Solutions, Inc., Health Reimbursement Arrangement
(the “Plan”) for the benefit of its eligible employees and their dependents;
WHEREAS, the section of the Service Agreement entitled “Entire Agreement; Governing Law”
reserves the right of the Employer to amend at any time any or all of the provisions of the Service
Agreement; and
WHEREAS, the Employer wishes toamend the Service Agreement;
NOW, THEREFORE, BE IT RESOLVEDthat theService Agreementis amended effective as
ofJanuary 1, 201, as follows:
(1)Following the third paragraph of theService Agreement, the Service Agreementshall be
amended to include the following:
Definitions:
a)“Agreement”means this Administrative Service Agreement, including all Exhibits
hereto.
b)“Card Transaction” means a transaction by a Participant making use of thedebit card
issued byAlegeus Technologies.
c)“Debit Card Claims” means the claims received through payment with a debit card issued
by Alegeus Technologies.
d)“Employer” has the meaning given in the Recitals.
e)“AlegeusTechnologies”refers to the Payment Card provider.
f)“Alegeus TechnologiesDebit Card” means the Payment Card to be issued by Alegeus
Technologies and used by Participants in the Plan.
g)“Payment Card” means a debit card or a stored-value card.
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h)“Plan” meansthe Health Reimbursement Arrangement.
2)Following the sectionof the Service Agreement entitled “Definitions” the Service Agreement shall be
amended to include the following:
Information to MidAmerica. The Employershall furnish the information requested by
MidAmericaas determined necessary by MidAmericafor it to perform its functions hereunder,
including information concerning the Plan and the eligibility of individuals to participate in and
receivePlanbenefits (“Contribution Billing Reports”). Such information shall be provided to
MidAmericaatthe time and in themanner agreed to by the Employerand MidAmerica.
MidAmericashall have no responsibility with regard to benefits paid inerror due to the
Employer’s failure to timelyprovide or update such information.MidAmericashall be entitled to
rely on the completeness and accuracy of all information provided by the Employer, its delegates
or employees.
The Employer shall be responsible for providing Contribution Billing Reports to MidAmerica.
The Contribution Billing Reports by the Employer shall specify the effective date for each
Participant who is added to orterminated from participation in the Plan.The Employershall be
responsible for ensuring the accuracy of its Contribution Billing Reports and shall bear the burden
of proof in any dispute relating to the accuracy of its Contribution Billing Reports. MidAmerica
shall have noliability,to the Employer and to any Participant,as a consequence of an inaccurate
Contribution Billing Report.MidAmericashall not have any obligation to credit the Employerfor
any claims expenses or administrative fees incurred or paid to MidAmericaas a consequence of
the Employerfailing to review Contribution Billing Reports for accuracy. MidAmericashall be
entitled to assumethat all informationprovided by the Employeris complete and accurate and is
under no duty to question the completeness or accuracy of such information.
3)Following the section of the Service Agreement entitled “Information to MidAmerica” the Service
Agreement shall be amended to include the following:
Liability for Payment of Card Claims.The Employer is responsible for all ineligible and
unauthorized transactions paid with debit cards issued by Alegeus Technologies. In no
event will Alegeus Technologiesor MidAmericabe liable for any such transactions. In the
event a debit card issued by Alegeus Technologies is used for an ineligible expense, the
Employer will credit the Account and use its best efforts to recover the funds from the
Participant. The Employer will bear the loss of anyuncollectible amounts from Participants. In
the event thatthe Employer requests certain restricted merchant category codes be made
available for use by Participants, the Employer will assume liability for any and all losses
incurred either fraudulently or inadvertently by the Participant; in addition to all fees associated
with incurred losses.
4)Following the section of the Service Agreement entitled “Liability for Payment of Card Claims” the
Service Agreement shall be amended to include the following:
Claims Appeals.The Employer shall make final determination regarding any claim for benefits
on coverage that is appealed,including (a)any question of eligibility or entitlement of the
claimant for coverage under the Plan, (b)any question with respect to the amount due; or (c)any
other appeal.
Packet Page Number 117 of 332
G7, Attachment 2
5)Following the section of the Service Agreement entitled “Claims Appeals” the Service Agreement shall
be amended to include the following:
Funding and Payment of Payment Card Claims.Alegeus Technologieswill monitor all debit
card transactions and provide MidAmerica with daily reports of debit card claim transactions.
6)Following the section of the Service Agreement entitled “Funding and Payment of Payment Card
Claims” the Service Agreement shall be amended to include the following:
Employer’s Failure to Maintain Sufficient Funds for Benefit Payments.In the case that
the participating Employer does not forwardthecontributionamounts to
MidAmericaina timely manner, MidAmericareserves the right to delaythe payments of claims
until monies arereceived.Employer is responsible for any and all third party costs
incurred by AlegeusTechnologies as a result of not consistently maintaining the funding of the
plan.
7)The sectionof the Service Agreement entitled “Fees, Payment, Other Revenue” shall be amended to
include the following:
In addition to the monthly Administrative Fee, MidAmericawill charge a fee of $1.00 per
Participant per monthfor its servicesin providing the debit cards issued by Alegeus Technologies,
and such fee shallbe billed quarterlyto the Employer. If the Employer agrees to pay the fees, but
either (a) does not do so within 60 days from the date of the Fee Invoice, or (b) the Employer
instructs MidAmericato pay the fees from Plancontributions and MidAmericaaccepts such
instructions, the fees will be paid out of contributions and, if necessary, allocated to Participant
accounts.
8)Preceding the section of the Service Agreement entitled “Definitions” the Service Agreement shall be
amended to include the following:
Termination of this Agreement shall not terminate the rights or obligations ofeither party arising
out ofa period prior to such termination. The indemnity confidentiality and privacyprovisions of
this Agreement shall survive its termination.
Name of Client:
Signature: Signature:
PrintName:
Title:
Date:Date:
MidAmericaAdministrative& Retirement Solutions,Inc.
Signature:
PrintName:CEBS
Title:
Date:
Packet Page Number 118 of 332
G8
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM:Steve Love, Director of Public Works/City Engineer
Scott Schultz, Fleet Superintendent
nd
DATE: November 2
, 2017
SUBJECT:Approval to Enter into a Contract for Purchase of Gas and Diesel Fuel with the
State of Minnesota Fixed Price FuelProgramfor 2018
Introduction
The City Council will consider approving gas and diesel fuel contracts with the State of
MinnesotaFixed Price Fuel Program for 2018.
Discussion
With uncertainties in the oil markets, locking in fuel pricing at a known price for 2018is
important in order to have stability in the budgeting process throughout the year.
st
The City will plan to lock into a 12 month contract with the State from February 1, 2018,
st
through January 31, 2019. In order for the state’s Fuel Core Team to secure prices, all
nd
participants must submit fuel quantities for the Fixed Price Program by November 22, 2017.
Once allparticipants have submitted their quantities, the state’sFuel Core Team will work with
fuel market professionals to lock into the most competitive prices availableat this time.
When the prices are setandthe vendor is chosen for the state contract,the vendorwill be
supplying the city with 56,400gallons of gas (4,700 gallons/month) and 32,400gallons of diesel
(2,700gallons/month)for the stated period.
Budget Impact
Below is a rate comparison of current and recent contract years:
Gas
2014:$2.68/gallon
2015: $2.04/gallon
2016: $1.68/gallon
2017: $1.87/gallon
2018: To be determined
Packet Page Number 119 of 332
G8
Diesel
2014:$3.11/gallon
2015: $2.34/gallon
2016: $1.77/gallon
2017: $1.99/gallon
2018: To be determined
The first attachment is an overview of the proposed “Fixed Price Fuel Program”. The second
st
attachmentoutlines the fuel quantity commitmentsfor gas and diesel for February 1,2018 to
st
January 31,2019. The City Attorney has reviewed and approved the terms and conditions of
this program.
Recommendation
It is recommended that the City Council authorize the City Manager to enter into a contract for
the purchase of gasoline and diesel fuel through the State of Minnesota Fixed Price Fuel
stst
Program for the period February 1, 2018through January 31, 2019.
Attachments
1.Overview of Fuel Consortium and Fixed Price Program
2.Fuel Quantities CommitmentForm
Packet Page Number 120 of 332
G8, Attachment 1
DATE:October 24, 2017
TO: PROSPECTIVE FUEL CONSORTIUM MEMBERS
FROM:MIKE MARUSKA-OFFICE OF STATE PROCUREMENT
RE: FIXED PRICE FUEL PROGRAM FOR 2018-2019
(New Contract Term: February 1, 2018, through January 31, 2019)
The State will again lead the 2018-2019 Fixed Price Fuel Program for qualifiedparticipants. The qualification
requirements are as follows:
Participant must be a CPV member and agree to comply withall terms and conditions of the contract.For
information on the CPV program, register or verify your membership, please visit
http://www.mmd.admin.state.mn.us/coop.htm.
Participant must be located in the nine county metropolitan area (Anoka, Carver, Dakota, Hennepin, Scott,
Sherburne, Ramsey, Wright and Washington)or as amended.
The tanks must be owned and maintained by the Participant.
Participant must be able to take either gasoline or diesel fuel in the required product type(B5, B10, etc.)and as
delivered by the Contract Vendor in quantities of at least 500 gallons per delivery.
Participant must take 100 percent of the committed monthly amount at the fixed pricecontracted on its behalf.
Fill rate must be at least 500 gallons or more.
Once final Contracts are executed, the participating agency or entity will be notified of the price and the name of
the Contract Vendor.
CAREFULLY REVIEW THE FOLLOWING INFORMATION!!!
Only those agencies that wish to participate in the Fixed Price Programmust complete the fuel
questionnaire and return it to my attention no laterthanNovember 22, 2017.LATE
RESPONSES WILL NOT BE CONSIDEREDWITHOUT PRIOR APPROVAL FROM THE
STATE.If you are required to obtain approval by your governing board, plan
accordingly. Please be careful to provide accurate information.
TheSpot Price Programdoes not require firm quantities to be submitted and the Spot Price Program may be
used on an as needed basis by any participants in the Fixed Price Fuel Program if they so choose.
If you have any questions, please feel free to contact me via E-mail (PREFERRED):
mike.maruska@state.mn.usor by phone at 651.201.2427. Thank you.
RETURN ORDER FORM NO LATER THAN November 22, 2017.
Packet Page Number 121 of 332
G8, Attachment 1
FUEL CONSORTIUM – OVERVIEW
IMPORTANT NOTE TO CURRENT PARTICIPANTS:The current Contract with Mansfield Oil does not
expire until January 31, 2018. Due to market conditionsAND the solicitation process, the Fuel Core Team is
exploring its pricing options for a new program that will begin on February 1, 2018. To achieve this,
participants MUSTsubmit their quantities for the Fixed Price Program NO LATER THAN
NOVEMBER 22, 2017.
FIXED PRICE PROGRAM –The agencies participating in the Fixed Price Schedule are required to take 100%
of its monthly quantity committed and the Contract Vendor is required to provide 100% of the monthly quantities
contracted. The program will be for 12 months beginning February 1, 2018, through January 31, 2019.
If the original purchaser is unable to take all of the monthly committed gallons, the Contract Vendor will be
responsible for contacting other locations participating in the Fixed Price Contract to determine if they are able
to take additional gallons.
If the Contract Vendor is able to shipthe unused gallons from the original participating purchaser to another
participating agency, there will be no cost to the original participating agency.If the Spot Price is less than the
Fixed Price, participants are not required to take more than the monthly amount they committed to.
If the Contract Vendor is unable to shipthe unused gallons from the original participating purchaser to another
participating agency, they may sell the unused gallons on the open market and either debit or credit the
difference in price back to the original participating purchaser based on the open market sell price.
If the Contract Vendor is unable to provide all of the monthly committed gallons to a participating member by the
due date and time, the participating member may purchase the product on the open market and charge the
Contract Vendor for any actual additional costs incurred.
SPOT PRICE PROGRAM. In addition to a Fixed Price program, wewill include a Spot Price programfor
Participantsto handle extra fuel needs over and above the committed quantities in the Fixed Price program.
Only Participants in the Fixed Price program may use the Spot Prices offered by the Contract Vendor.
Participants are not required to use the Spot Price program and may use other State Spot Price programs
currently in place or may purchase their additional fuel needs independently.
If the Contract Vendor is unable to provide the order quantity to a State agency or CPV member by the required
due date and time, the State agency or CPV member may purchase the product on the open market and charge
the Contract Vendor for any actual additional costs incurred.
The signature below and/or submission of the Order Form certify that your Entity
agrees to all terms, conditions and prices of any Contract agreement entered into on
its behalf by the State of Minnesota which includes, but is not limited to, taking
100% of the monthly fuel quantities submitted for the Fixed Price Program on the
Fuel Order Form. There is no requirement to take any product using the Spot Price
Program.
AGENCY NAME: City of Maplewood
ADDRESS: 1902 County Road B East Maplewood, MN 55109
CONTACT PERSON: Scott Schultz TITLE: Utility/Fleet/Parks Superintendent
PHONE NO.: 651-249-2430 FAX NO.: 651-249-2409 E-MAIL: scott.schultz@maplewoodmn.gov
AUTHORIZED SIGNATURE:___________________________________________________________________________
RETURN ORDER FORM NO LATER THAN NOVEMBER 22, 2017
Packet Page Number 122 of 332
G8, Attachment 2
Diesel
Premium
* B5
Winter
B20
B15
2,7002,7002,7002,7002,7002,7002,7002,7002,7002,700
* B102,7002,700
32,400
E-85
Scott SchutlzCity of Maplewood2-Nov-17
4,7004,7004,7004,7004,7004,7004,7004,7004,7004,700
4,7004,700
56,400
GASOLINE
NameAgencyDate
Submission of this form certifies that your Entity agrees to all terms, conditions and prices of any Contract agreement entered into on its behalf by the State of Minnesota which includes,
but is not limited to, taking 100% of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order Form. There is no requirement to take any product using the
Spot Price Program.
May
July
April
June
March
August
October
December
November
September
TOTALS:
January (2019)
February (2018)
REQUIREMENTS
2018-2019 MONTHLY
Put "0" if product is not required for a specific month. FIXED PRICE PROGRAM COMMITMENT QUANTITIES
Gallons - 500 Gallon Minimum Delivery* NOTE: 10% biodiesel mandated April through September, otherwise 5% biodiesel.
mike.maruska@state.mn.us
2018-2019 FUEL CONSORTIUM PURCHASE PROGRAM
RETURN EXCEL VERSION OF ORDER FORM TO MIKE MARUSKANO LATER THAN NOVEMBER 22, 2017.
Number of Gallons/500 minimum delivery.
E-85
Diesel
Gasoline
Est. Annual Usage
PAGE 1 OF 2
FIXED PRICE PROGRAM
SPOT PRICE PROGRAM - FOR INFORMATION PURPOSES ONLY
Participation in the Fixed Price Fuel Program requires theState agency or CPV Member located in the nine (9) countymetropolitan area to take 100% of the quantity pledgedon the Fuel Order
Form.Participants must have a capacity for taking at least 500 gallons per delivery.PLEASE NOTE: Agencies should consider the amount of its annualusage it wants to commit to this
program. It is not recommended that you commit all of your fuel needsto the Fixed Price Program. The Spot Price Program may beused for additional fuel requirements.Provide an estimate
of the number of gallons of fuel you might purchase from the Contract using the Spot Price Program. There is no commitment implied by providingthe estimated usage -- this is for information
purposes only.
Packet Page Number 123 of 332
G8, Attachment 2
X
DIESEL
E-85
X
PRODUCT TYPE STORED
GASOLINE
2018-2019 FUEL CONSORTIUM PURCHASE PROGRAM
TANK SIZES AND LOCATIONS ADDRESS10,000 gallons 1902 County Rd B East Maplewood, MN 5510910,000 gallons 1902 County Rd B East Maplewood,
MN 55109
Tank 1Tank 2Tank 3Tank 4Tank 5Tank 6Tank 7Tank 8Tank 9
Tank 10Tank 11Tank 12Tank 13Tank 14Tank 15Tank 16Tank 17Tank 18Tank 19Tank 20
TANK SIZE
PAGE 2 OF 2
NAME OF AGENCY
Packet Page Number 124 of 332
G9
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM:Steve Love, Director of Public Works/City Engineer
Scott Schultz, Utility/Fleet/Parks Superintendent
DATE: November
3, 2017
SUBJECT:Approval ofPurchase of SingleAxle Plow Truck, Public WorksDepartment
Introduction
The proposed 2018-2022 capital improvement plan (CIP) identifies the replacement of one
single axle plow truck in 2018 (see attached CIP sheet). City Council approvalis needed to
move forward with this purchase which exceeds $20,000.00.
Background
One 2000 single axle truck is due for replacement. This unit is one of eight single axle trucks in
the fleet. This truck is an integral piece of equipment in the fleet for the Street Maintenance
Division andis utilized year round. In summer the truck is used for patching and paving streets.
In winter itis out on every snow/ice eventtreating and plowing city streets. The old unit will be
sold at auctionin order to maximize its trade-in value.
Budget Impact
The proposed 2018-2022 CIP identifies$220,000.00under project numberPW13.03for the
replacement of the unit described above.Most large equipment purchases, such as plow trucks,
can take up to six to eight months from order date to the delivery date. Staff is requesting the
st
truck be ordered by December 1, 2017 to establish an earlier build date in 2018. The city would
take delivery and beinvoiced for this purchaseinthe summerof 2018.The following is a
summary of the costs for the truck replacement:
1.Nuss Truck Equipment
Mack Granite 42FR Single Axle Chassis $109,365.00
2.Towmaster Truck Equipment
Towmaster Dump body, Plow and Equipment $113,206.00
Total Cost = $222,571.00
The total cost for this purchase is $2,571.00morethan the 2018 CIPbudget. The sale of the old
unit at auction in 2018 is expected to be at or above $18,000.00. This willfar exceed the small
overage of $2,571.00.Allremainingexcess fundsfrom the auction will go into the fleet fund and
be used towards other 2018 CIP purchases. The Finance Director has reviewed the fleet fund
Packet Page Number 125 of 332
G9
balance. There are sufficient funds existing in the fleet management fund to move forward with
this purchase.
Recommendation
It is recommended that theCity Council approve the purchase of the singleaxle plow truck and
direct the Mayor and City Manager to enter intoacontract with Nuss Truck & Equipment for the
purchase under MN State Contract #124649 in an amount of $109,365.00 and a contract with
Towmaster Truck Equipment under MN State Contract #126502 in an amount of $113,206.00.
Attachments
1.Quote/Specs from Nuss Truck and Equipment
2.Quote/Specs from Towmaster Truck Equipment
3. 2018 CIP Sheet
Packet Page Number 126 of 332
G9, Attachment 1
EVENT G0210-20000064961 of 6
STATE OF MINNESOTA
PRICING PAGE
Price quote for:SINGLE AXLE CAB & CHASSIS
Vendor Name:NUSS TRUCK & EQUIPMENT
Contact Person:BOB PROW
Street Address:2195 WEST COUNTY ROAD C2
P.O. Box:
City, State, ZipROSEVILLE, MN 55113
Phone #:651-633-4810
Toll Free #:800-704-0935
Fax #:651-635-0928
Email Address:bprow@nussgrp.com
Version of Excel used:2010
Spec #Information RequestedAnswer
2019 MACK GRANITE 42BR SA
Make & Model
1.0
92" CA, 159" Wheelbase
C.A. & W.B. dimension
Set Forward
Front Axle Location (Set Forward, Set Back)
120,000 PSI
Frame, Steel PSI
17.7 SM
Frame, Section Modulus
2,120,000 RBM
Frame, Resistance to Bending Moment
62"
Frame overhang length
Huck
Type of fasteners used on frame members
Swept Back Steel
Front bumper description
Mack FXL12, 12,000 lbs.
Front Axle Type & Size
55"
Front Spring length
16.5" x 5" Bendix ES165-05D
Front brake size
24"
Front Brake chamber size
Meritor 17 MXL Extended Life
U Joint Make, Model & Type (1/2 round, etc.)
Mack RA23R
Rear Axle Type & Size
16.5" x 7" Bendix ES165-07D
Rear brake size
30/30
Rear brake chamber size
Haldex/Anchorlok
Parking Brake Type & Model #
AMENDMENT #1 FOR 2019 MODELS SA
Packet Page Number 127 of 332
G9, Attachment 1
EVENT G0210-20000064962 of 6
STATE OF MINNESOTA
PRICING PAGE
Spec #Information RequestedAnswer
11R22.5 14 Ply Bridgestone R283A
Front Tire Make & Size
22.5 x 8.25 7,800 lbs
Front Rim Size & Rating
11R22.5 14 PLY Bridgestone M726EL
Rear tire make & size
22.5 X 8.25 7,800 LBS
Rear rim size & rating
Meritor/Wabco 18.7 CFM
Air compressor type & size
Meritor 1200
Air dryer info
Mack MP7-325M - 325HP @ 1400 - 1900
Engine type, HP & torque
RPM 1260/LB/FT Max Torque
Behr Fan & Electronic Modulating Fan
Type of engine fan drive
Drive
Diesel Particulate Filter Cleartech one
Exhaust description
DPF/SCR RH side under cab
Delco 39MT-MXT
Starter motor Make & Model
Right side steering assist (Auxiliary gear, hydraulic
None
ram or none)
Mack T309, 9 Speed
Transmission Make & Model, # of Speeds
15.5" Two Plate
Clutch size and # of plates
Battery CCA, # of batteries, CCA of each battery
Three Mack 650/1950 CCA
66 Gallon LH Aluminum 22" Dia Sleeved D-
Fuel tank size, shape and material
Shape
Delco 12V 130A (24SI Brush Type)
Alternator Type & Size
Aluminum Core
Radiator Sq in & Material
One Mack Rectangle Air
Type and number of horns
Air Ride Cab
Cab ride (type of mounting)
78", 62"
Cab size door to door, floor to ceiling
47"
Distance of cab floor to ground
AMENDMENT #1 FOR 2019 MODELS SA
Packet Page Number 128 of 332
G9, Attachment 1
EVENT G0210-20000064963 of 6
STATE OF MINNESOTA
PRICING PAGE
Spec #Information RequestedAnswer
Bostrum Talladaga 915 Mid-Back Air
Description of seats supplied with base cab &
Driver Seat, Fixed Mack Mid-Back
chassis
Passenger Seat
Mounted on Wiper Arm
Windshield washer nozzle location
Low
Interior package (Low, Med or Premium)
Yes
Does unit include cruise control
Door & Cab Switch
How is dome light activated
Tilt & Telescoping
Steering wheel adjustment (tilt, telescoping, etc)
RH & LH Behind Door
Cab grab handle locations
Two Storage Compartment & Net
Storage pocket description
Retainers with Center Mounting for CB
Provisions
Air Pressure, Voltmeter, Engine Coolant
Cab Gauges, List
Temperature, Engine Oil Pressure,
Speedometer, and Tachometer, Exhaust
Pyrometer, and Tranwmission Oil
Temperature
Turn Signal
Dimmer switch location
Mack White
Paint description
One Year or 100,000 Miles
Cab & chassis warranty (time & mileage)
Two Years or 250,000 miles
Engine warranty (time & mileage)
Mack - Five Years or 500,000 Miles
Transmission warranty (time & mileage)
Mack - Five Years or 500,000 Miles
Rear end warranty (time & mileage)
Roseville, MN 55113
Delivery of chassis starting point
r
6108
Estamated weight on frount axle of base unit
6816
Estamated weight on rear axle of base unit
AMENDMENT #1 FOR 2019 MODELS SA
Packet Page Number 129 of 332
G9, Attachment 1
EVENT G0210-20000064964 of 6
STATE OF MINNESOTA
PRICING PAGE
Print Date & Time11/3/2017 13:59
NUSS TRUCK & EQUIPMENT
VENDOR NAME
2019 MACK GRANITE 42BR SA
YEAR, MAKE AND MODEL
This section for use when ordering
165"
WB
99"Grand Total$109,365.00
CA
AF 62"
Rear Ratio 4.8
Cab Color YELLOW
Wheel
ALUM
Color
Notes
CITY OF MAPLEWOOD
Description
Spec #
QtyPriceSubtotal
Price for base unit:
1.0 1$82,069.00$82,069.00
1.99 1
FRAME OPTIONS
2.0 1
2.10
1$886.00$886.00
Front frame extension
2.40
1STD
Frame fastener option (bolt or huck spun)
2.16
2.820,000 23.5 120,000 87 - 112 CA
1$521.00$521.00
2.86
Extended swept back painted steel
1STD
1
3.1
STD
Set back front axle option
18,000 front axle and matching suspension - Mack FXL18
3.5
1$1,361.00$1,361.00
Heavy duty front axle shocks
3.8
1STD
Front brake dust shields
3.13
1$18.00$18.00
HD taperlead (3 leaf spring) ILO of taperleaf (2 leaf spring)
3.23
1$65.00$65.00
Haldex front slack with stainless steel pins
3.28
1$57.00$57.00
Meritor front brakes ILO of Bendix - requires Meritor rear brakes
3.29
1$131.00$131.00
1STD
4.20
½ round universal joints
Rear brake dust shield
4.25
1$18.00$18.00
Mack RA23R 23,000 lbs rear axl2
4.26
1STD
Mack interwheel power didiver for RA23R axle
4.29
1$1,367.00$1,367.00
26,000 lbs Mack Multileaf spring with helper
4.36
1$165.00$165.00
Meritor 18 MXL extended lube
4.45
1$31.00$31.00
Haldex automatic rear slack adjustors with stainless steel pins
4.52
1$96.00$96.00
Meritor 16.5" x 7" rear brakes
4.55
1$58.00$58.00
Haldex "Life Seal" brake chamber
4.60
1STD
Nylon wafers or wheel guards on all wheels (10 ea.)
1$44.00$44.00
6.1
10,000 lb. 22.5 9” front steel rims, 315/80R 22.5 J front tires
1$407.00$407.00
6.7
12R 22.5 H rear tires
6.24
1$876.00$876.00
Aluminum front wheel - 22.5 x 9.0
6.28
1$329.00$329.00
Aluminum rear wheels - 22.5 x 8.25
6.33
1$246.00$246.00
1STD
7.1
Wabco System Saver 1200 E heated air dryer
1$24.00$24.00
7.2
Manual cable drain valves on air tanks with lanyard on all tanks
AMENDMENT #1 FOR 2019 MODELS SA
Packet Page Number 130 of 332
G9, Attachment 1
EVENT G0210-20000064965 of 6
STATE OF MINNESOTA
PRICING PAGE
Spec #Description
QtyPriceSubtotal
1$270.00$270.00
7.19
Bendix ABS system with traction control
1STD
7.24
Haldex "Life Seal" brake chamber
Mack MP7-325M 325HP@1400-1900 RPM (Peak) 2100 RPM Gov
8.1
1250 LB-FT Torque
1STD
Clear Back of Cab - DPF & SCR Frame Mounted , RH Side under
8.15
1$114.00$114.00
Cab
No Muffler, Single (R/S) Vertical Exhaust Cab Mounted, Lower
8.19
Ventura Diffuser, Turned End
1$318.00$318.00
Single (R/S) Vertical Straight Exhaust Stack Turned Out
1STD
8.22
Single, Bright finish heat shield & stack
1$65.00$65.00
8.30
66 Gallon LH Aluminum D-Shape with Integral DEF Tank
1STD
8.65
1$32.00$32.00
8.96
Bright Finish Fuel Tank Straps - Single Tank
1STD
9.3
Delco 24 SI Alternator, 130 AMP
1$278.00$278.00
9.7
Donaldson Single Stage Air cleaner per spec 12.1
Non-heated fuel/water separator, Mack w/manual drain valve
9.11
(integral w/primary fuel filter
1STD
Coolant spin on filter/conditioner
1$47.00$47.00
9.12
Front engine powered take off adapter and radiator cut out
1$103.00$103.00
9.13
Viscous fan drive - Behr Electronically modulated
1STD
9.16
Radiator hose package (Silicone) per Spec 12.2
1$240.00$240.00
9.17
Curved exhaust pipe end
1STD
9.18
Engine block heater
1$65.00$65.00
9.20
Radiator bug screen
1STD
9.24
Extended life anti-freeze
1$20.00$20.00
9.27
1STD
9.29
Starter motor options - Delco 39MT-MXT
1$126.00$126.00
9.49
Corrosion resistant oil pan - Recommended for snow plow trucks
9.54 1$53.00$53.00
Electric preheater
Tether device -furnish cap retainer for oil fill, radiator overflow tank,
9.55
1$23.00$23.00
battery box & tool box when furnish
Synthetic (TranSynd) lubrication for Automatic Transmission
1$301.00$301.00
10.5
Allison 4500-RDS-R 6 speed, PTO
1$13,776.00$13,776.00
10.15
Transmission oil cooler
1STD
10.50
Allison shift to neutral when park brake engaged
1STD
10.54
Stainless steel transmission coolant pipes
1$175.00$175.00
10.56
1$111.00$111.00
11.6
Remote jump start terminals
1STD
11.8
OEM daytime running lights
3 each 650/1950 CCA batteries in lieu of 2 each batteries
1STD
11.10
Switch for snowplow lights mounted on instrumental panel.
11.15
Includes wiring terminated near headlights, for customer mounted
1$80.00$80.00
auxiliary snowplow lights.
Vehicle speed sensor with speed signal at fuse panel for sander
11.18
1$20.00$20.00
ground speed control system.
Dash mounted indicator body/hoist up body builder lamp
1$71.00$71.00
11.21
Body Link w/o cab floor pass thru hole/rubber boot
1STD
11.29
Eight switches - front strobe, rear strobes, wing light, wing strobe,
11.34
sander light, tail gate lock, and vibrator
1$237.00$237.00
Ecco back-up alarm 575 constant sound level
1$74.00$74.00
11.36
Remote control for dual mirrors & heated - Bulldog stylized mirrors
12.7
1$474.00$474.00
with integral convex mirror
1STD
12.13
Imron and clear coat paint option
AMENDMENT #1 FOR 2019 MODELS SA
Packet Page Number 131 of 332
G9, Attachment 1
EVENT G0210-20000064966 of 6
STATE OF MINNESOTA
PRICING PAGE
Spec #Description
QtyPriceSubtotal
1STD
12.15
Cab Air Ride Suspension
1STD
12.16
Tilting hood per Spec 12.8
1$184.00$184.00
12.20
Cab visor, external, painted to match cab color
1$105.00$105.00
12.21
Front fender extensions
1STD
12.22
Front fender mud flaps
1$19.00$19.00
12.23
Arctic winter wiper blades
1$26.00$26.00
12.24
Optional windshield washer tank
1STD
12.28
Front tow hooks
1$425.00$425.00
12.42
Heated windshield
1$83.00$83.00
12.43
One piece windshield
1$16.00$16.00
12.45
Bright finish hood intake
1$240.00$240.00
12.46
Bright finish bars with surround grille
1$75.00$75.00
12.49
Led type marker & clearance lights
1$234.00$234.00
12.57
10" round bright finish heated fender mirrors
1$1,087.00$1,087.00
13.10
Slate Gray Color with brushed metallic instrument panel
1STD
13.11
Round universal gauge package
O.E.M factory installed, AM/FM Premium stereo, CD-Player,
13.14
1STD
Weatherboard, Handfree interface, Bluetooth
1STD
13.18
O.E.M factory installed, air conditioning
Dash mounted air cleaner air restriction gauge - (Display in Co-Pilot
13.20
1STD
only)
1STD
13.21
Transmission temp gauges
1STD
13.24
Transmission oil sensor (check & fill)
1STD
13.26
Tilt & telescope steering wheel
1STD
13.28
Self canceling turn signals
Air-Sears Atlas 80 hi-back driver seat 4 chamber air lumbar
1$374.00$374.00
13.34
Inboard mounted driver arm rest
1$-$-
13.49
Cloth with vinyl driver & rider seat
1$-$-
13.51
Driver seat dust cover
1$-$-
13.52
Diagonal grab handle on inside of driver door
1$35.00$35.00
13.58
Co-pilot driver display (enhanced 4.5" diagonal graphic LCD display
13.59
w/4-button stalk control - includes guard dog routine maintenance
1STD
monitoring
5lb fire extinguisher between LH seat base and door with valve
13.63
1$66.00$66.00
aimed rearward
Reflector kit parallel to inside of rider base seat
1$27.00$27.00
13.64
Cab cleanout - includes in cab pneumatic line
1$46.00$46.00
13.68
Exhaust pyrometer & transmission oil temperature gauges
1STD
13.75
1$317.00$317.00
15.1
Trailer tow package extended to rear of frame
1$117.00$117.00
15.3
Single 7 pin SAE type, end of frame
1$47.00$47.00
15.5
Hand control valve for trailer brakes
19.99
1
20.3 1
20.4 1 Total Cost:$109,365.00
AMENDMENT #1 FOR 2019 MODELS SA
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G9, Attachment 2
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G9, Attachment 3
thru
20182022
Capital Improvement Plan
Public Works
Department
Public Works Director
Contact
City of Maplewood, Minnesota
TypeEquipment
PW13.03
Project #
Useful Life15 years
Project Name
Single-Axle Plow Truck
CategoryVehicles
2 Very Important
Priority
Total Project Cost:$220,000
Description
The 2000 single-axle plow truck, Unit 538 is due for replacement in 2018.
Justification
The 2000 model year plow truck is due for replacement. This unit is one of eight single-axle trucks in the fleet. This truck is an intergral piece of
equipment in the fleet for the street maintenance division. It is utilized year round. In summer, the truck is used for patching and paving streets.
In winter, it is used every snow/ice event for treating and plowing city streets.
ExpendituresTotal
20182019202020212022
Equip/Vehicles/Furnishings
220,000220,000
220,000220,000
Total
Funding Sources20182019202020212022Total
Fleet Management Fund 220,000220,000
220,000220,000
Total
Budget Impact/Other
An annual savings is realized over the next five years totaling $42,750.00 of which $37,750.00 would have been required for maintenance and
$5,000.00 lost on trade-in value.
PriorBudget Items20182019202020212022Total
Maintenance
-7,550-8,550-9,550-10,550-36,200
-6,550
-7,550-8,550-9,550-10,550-36,200
Total
Total
Packet Page Number 139 of 332
G10
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM:Steven Love,Public Works Director/ City Engineer
DATE: October31, 2017
SUBJECT:ApprovalofResolution Adopting 2018Assessment Rates, Public Works Permit
Fees and Park Availability Charges
Introduction
The City Council will consider approving the attached resolution adopting the 2018 assessment
rates, permit fees, andpark availability charges.
Background
Each year the Public Works Department analyzes and makes recommendations to the City
Council on assessment rates, permit fees, and charges. The 2018assessment rates, permit
fees, and chargesare recommended to remain at 2017levels.
The Parks and Recreation Director recommends the park availability charge (PAC) remain at
2017levels.The standard sanitary availability charge (SAC) and water availability charge
(WAC) fees are proposed to remain at 2017levels.The SAC charge is set and regulated by
Metropolitan Council Environmental Services MCESand is apass through charge in which the
city collects and then distributes to the Met Council. The local city SAC charge covers internal
costs of administering the SAC program and is also proposed to remain at 2017levels.
General assessment rates for street improvement projects are based on the results of
independent special benefit appraisals. As part of this report the City Council sets the maximum
general assessment rates for street improvement projects. If the appraisal analysis shows
greater market value benefit than the established rate, then the assessment is capped by the
maximum rate set by council. If the appraisal shows a market value benefit below the council
set rate, then the lower appraisal amount is utilized, since the city cannot assess greater than
the marketvalue increase to a property.
It is recommended thatthe 2018rates take effect on January 1, 2018and that these fees
continue to be reviewed annually with a recommendation brought before the City Council for
consideration.
Budget Impact
There is no budget impact.
Packet Page Number 140 of 332
G10
Recommendation
It is recommended that the City Council approve the attached Resolution for Adoption of the
2018Assessment Rates, Public Works Permit Fees, and Park Availability Charges.
Attachments
1. Resolution
2. Public Works 2018Permit Fee Schedule
3. 2018Permit Fee Work Sheet
Packet Page Number 141 of 332
G10, Attachment 1
RESOLUTION
ADOPTION OF THE 2018ASSESSMENT RATES, PUBLIC WORKS PERMIT FEES,
AND PARK AVAILABILITY CHARGES
WHEREAS, the City of Maplewoodhas established assessment rates, permit fees, and
park availability charges, and
WHEREAS, city staff has reviewed the assessment rates, permit fees, and park
availability charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.The proposed maximum assessment and improvement rates hereby attached shall
become effective beginning January 1,2018. Furthermore the special assessment rates
shall be officially established through a benefit appraisal analysis.
2.The public works fees are approved for all related permit applications received on or
after January 1, 2018.
3.The park availability charge shall be effective beginning January 1,2018.
4.The rates attached will be reviewed by staff on an annual basis with recommendations
for revision brought to the City Council for consideration.
Adopted by theMaplewood City Councilon this 13thday of November2017.
Packet Page Number 142 of 332
G10, Attachment 2
Public Works Permit Fees - 2018
Date of Revision: 11-04-2016, SWL
Notes
Sanitary Sewer Fees201620172018
Sanitary Service Connection Permit:
New Sanitary Sewer Service (Per Service)
$110$110$110
Disconnect or Repair (Per Service)
$39$39$39
Sanitary Sewer Main Line Permit:
Base Fee:
$114$114$114
Plus Each Connection to Existing System, New Structures,
$59$59$59
Alteration, or Re-Inspection
Private Individual Septic Systems
$2,000$500$500
Sanitary Sewer Cash Connection Charge:
Residential Connection ChargeFor All New Connections for Properties That Have Not
$4,325$4,325$4,325
Previously Been Charged or Assessed for Construction of the
Public System
Commercial Connection Charge (Per Front Footage)For All New Connections for Properties That Have Not
$57$57$57
Previously Been Charged or Assessed for Construction of the
Public System
Commercial Connection Charge = Residential Connection
Charge / 75 (Average Lot Width)
Sewer Assessment for City Project
Residential Sanitary Service Installed to New Main
$1,530$1,530$1,530
Residential Sanitary Service Installed to Existing Main
$2,880$2,880$2,880
Comm/Ind Sanitary Service Installed to Existing MainCost Per Front Footage
$20$20$20
Comm/Ind Sanitary Service Installed to Existing MainCost Per Front Footage
$38$38$38
Sewer Availability Charge (SAC):
SAC Unit Fee (Rate Set By MCES)1 SAC Unit = 1 Single Family Dwelling (SFD) SAC Unit For
$2,485$2,485$2,485
All Other Types of Developments Total Number of Equivalent
SFD SAC Units is Determined by MCES
Local SAC Fee Per SFD Unit
$130$130$130
Notes
Water System Fees201620172018
Water Main Cash Connection Charge:
Residential Connection ChargeFor All New Connections for Properties That Have Not
$4,325$4,325$4,325
Previously Been Charged or Assessed for Construction of the
Public System
Commercial Connection ChargeFor All New Connections for Properties That Have Not
$57$57$57
Previously Been Charged or Assessed for Construction of the
Public System
Commercial Connection Charge = Residential Connection
Charge / 75 (Average Lot Width)
Water System Assessment for City Project
Residential Water Service Installed to New Main
$1,530$1,530$1,530
Residential Water Service Installed to Existing Main
$1,900$1,900$1,900
Comm/Ind Water Service Installed to New MainCost Per Front Footage
$20$20$20
Comm/Ind Water Service Installed to Existing MainCost Per Front Footage
$38$25$25
Water Availability Charge (WAC):
WAC Unit FeeThe Total Number of WAC Units to be Paid is equal to the
$285$285$285
Total Number of Equivalent SAC Units Required as
Determined by MCES
Notes
Storm Sewer System Fees201620172018
Storm Sewer Permit:
Private Storm Sewer Main Base Fee
$114$114$114
Plus Each Connection to Existing System, New Structures,
$43$59$59
Alteration, or Re-Inspection
Base Escrow (covers first 10 connections or new structures)Escrow released after passing inspection
$300$300
Plus Additional Escrow (per each additional connection or Escrow released after passing inspection
$30$30
new structure)
Storm Sewer System Assessment for City Project
Storm Drainage ImprovementsAssessment Rate Will Be Based on Independent Special
$1,090$1,090$1,090
Benefit Appraisals
11/6/2017p/works/eng/lib/ Permit Fees 2018
Packet Page Number 143 of 332
G10, Attachment 2
Notes
Street, Driveway, and Parking Lot Fees201620172018
Driveway & Parking Lot Permits
Driveway Permit
$28$28$28
Parking Lot Paving Permit$104.00 Base Fee for 0-50,000 SF
$104$104$104
50,000 SF and Greater = Base Fee + (SF over 50,000 SF x
0.002)
Notes
Grading Permit, Plan Review, and Inspection Fee201620172018
Grading Permit and Inspection Fee Based on Total
Estimate Material Moved
<= 50 C.Y.Grading and Fill Escrow is based on complexity of project,
$37$37$37
51 to 100 C.Y.proximity to environmental sensitive areas, and scope of
$94$94$94
101 to 1000 C.Y. First 100 C.Y.project.
$94$94$94
plus each additional 100 C.Y.
$30$30$30
1001 to 10,000 C.Y. First 1000 C.Y.
$364$364$364
plus each additional 1000 C.Y.
$23$23$23
10,001 to 100,000 C.Y.: First 10,000 C.Y.
$571$571$571
plus each additional 10,000 C.Y.
$137$137$137
100,001 C.Y. to 200,000 C.Y.: First 100,000 C.Y.
$1,804$1,804$1,804
plus each additional 10,000 C.Y.
$77$77$77
200,000 C.Y. or More: First 200,000 C.Y.
$2,574$2,574$2,574
plus each additional 10,000 C.Y.
$13$13$13
Notes
Park Availability Charge201620172018
PAC per capita Base Unit Charge1 SFD Pac Fee = $1,040 per capita x 3.4 capita = $3,540 per
$1,040$1,040$1,040
SFD
PAC Commercial Development = % x Land Market Value9%9%9%
Notes
Right of Way Permit and Inspection Fees201620172018
Contractor Yearly Registration Fee (Per Year)$40$40$40
Hole Excavation Permit Fee (Per Hole)
$100$100$100
Trench Excavation Permit
Base Fee
$100$100$100
Plus Each Additional 100 Lineal Feet
$60$60$60
Emergency Excavation Permit Fee
$100$100$100
Aerial / Obstruction Permit Fee (Obstruction)$80$80$80
Permit Extension Fee
$35$35$35
Delay Penalty Fee
Base Fee (Up to 3 Days Late)
$35$35$35
Plus Each Additional Day (Per Day)
$10$10$10
Directional Boring / Underground Piercing Fee
Base Fee (First 100 Lineal Feet)
$100$100$100
Plus each additional Lineal Foot (Per Lineal Foot)
$0.70$0.70$0.70
Determined Case By Case
Degradation Fee
Notes
Street Improvement Assessment for City Project201620172018
Public Street Improvements - Residential
Mill and OverlayMax. assessment rate per single familty home (1 unit)
$2,450$2,450$2,450
Rehabilitation / Pavement ReplacementMax. assessment rate per single familty home (1 unit)
$3,450
$3,450
$3,450
Partial ReconstructionMax. assessment rate per single familty home (1 unit)
$4,950
$4,950
$4,950
Full ReconstructionMax. assessment rate per single familty home (1 unit)
$6,600$6,600$6,600
Storm DrainageMax. assessment rate per single familty home (1 unit)
$1,090$1,090$1,090
Public Street Improvements - Commercial/Other
Mill and OverlayMax. assessment rate per front foot
$49.00$49.00$49.00
Rehabilitation / Pavement ReplacementMax. assessment rate per front foot
$69.00$69.00$69.00
Partial ReconstructionMax. assessment rate per front foot
$99.00$99.00$99.00
Full ReconstructionMax. assessment rate per front foot
$132.00$132.00$132.00
Storm DrainageMax. assessment rate per front foot
$21.80$21.80$21.80
Note: The above assessment rates are the maximum assessment rates as set by the City Council. The final assessment rate is based on the results of independent
special benefit appraisals. If the appraisal analysis shows greater market value benefit than the established rate, then the assessment is capped by the maximum rate
set by council. If the appraisal shows a market value benefit below the council set rate, then the lower appraisal amount is utilized, since the city cannot assess greater
than the market value increase to a property.
Notes
Additional Charges201620172018
All other services requiring additional staff time** Services requiring extensive staff time beyond what is
$56$56$56
considered reasonable for inspections or other services will
be charged $56.00 per hour
11/6/2017p/works/eng/lib/ Permit Fees 2018
Packet Page Number 144 of 332
G10, Attachment 3
VariesVariesVariesVariesVariesVariesVaries
$9,940.00
$14,920.00
Typical Total Cost
Updated 11-13-17 SWL
Notes
Notes
Sanitary service permit is required for private work to extend the sanitary service from the house to the service stub or existing mainPayment of Cash Connection Prior to Connecting
OptionalSanitary service permit is required for private work to extend the sanitary service from the house to the service stub or existing main
$39
$7,050$7,050$2,725$5,855$9,930$5,605
Total Cost
$0$0$0$0
$1,530$2,880$2,880
Comment
Assessment
Sewer Service
Normal permitNormal permit (Total Cost for New Duplex)MCES determines the number SAC Units (equivalent single family dwellings (SFD)). The number of SAC Units is used to calculate the
MCES SAC Fee and the WAC. The Grading and Fill Escrow is based on complexity of project, proximity to environmental sensitive areas, and scope of project.PAC Fee = The number of Units
* Occupancy Per Unit * the Per Captia Base Unit. Values shown are per unit basis. MCES determines the number SAC Units (equivalent single family dwellings (SFD)). The number of SAC
Units is used to calculate the MCES SAC Fee and the WAC. The Grading and Fill Escrow is based on complexity of project, proximity to environmental sensitive areas, and scope of project.PAC
based on percentage of market value of land or Parks & Recreation Director's letter.Payment of Cash Connection Prior to Connecting Optional
$0$0
$130$130$130$130$130$285
$4,610
$4,610$5,855$6,140$2,185
VariesVariesVariesVariesVariesVariesVaries
Escrow
Grading
$3,500.00$3,500.00 Permits and FeesPermits and Fees
Total Cost
Local SAC
$0$0
$0$0$0
$2,485$2,485$2,485$2,485$2,485$1,530$1,530$1,900
PAC
SAC
Water
MCES
9% M.V.Service
$3,540.00$5,620.00$2,810.00$2,810.00$1,980.00$2,600.00$1,140.00$2,080.00
MCES sets Sac Unit Rate and determines the number of SAC units (equivalent single family dwellings (SFD))Total Local Sac Units equal to the number of MCES SAC unitsTotal WAC units equal
to the number of MCES SAC Units1 SFD Pac Fee = $1,040 per capita x 3.4 capita = $3,540 per SFDCommercial Development Pac Fee based on % of estimated market value of land - previous
Pac FeesGrading and Fill Escrow is based on complexity of project, proximity to environmental sensitive areas, and scope of project
$0$0
$39
$110$110$110$110$110$285$285$285$285$285
WAC
WAC
VariesVariesVariesVariesVariesVariesVaries
$285.00$570.00
Sanitary
-
Service Permit
$0$0$0$0$0
$4,325$4,325$4,325$4,325$4,325$4,325$4,325$4,325
SAC
Cash Cash
VariesVariesVariesVariesVariesVariesVaries
$130.00$260.00
LOCAL
ConnectionConnection
Increased 0% over 2017. Increased 0% over 2017. Increased 0% over 2017. Increased 0% over 2017. Increased 0% over 2017.
2018 PERMIT FEE WORK SHEET
-
NoNoNoNoNoNoNoNo
YesYesYesYes
SAC
VariesVariesVariesVariesVariesVariesVaries
MCES
$2,485.00$4,970.00
or Assessmentor Assessment
Paid For Connection Paid For Connection
Land ValueProject Based
Per SFD UnitPer SFD UnitPer SFD UnitPer Capita
9%
$130.00$285.00
3.45.42.72.71.92.51.12.0
n/a
Unit
Varies
1 SFD1 SFD1 SFD1 SFD1 SFD1 SFD1 SFD1 SFD1 SFD1 SFD1 SFD1 SFD1 SFD
$2,485.00$1,040.00
Permit
Occ./Unit
For PAC Calc.
Water Service Permit Examples
Sanitary Service Permit Examples
Base Unit values
SFDDuplex (Double Occupancy)Town HouseApartments Size 3-4 UnitsApartments Size 5+ UnitsMobile HomeSenior Citizen Developments Apartment Size 1 BR Units Apartment Size 2 BR UnitsCommercial
/ Industrial
2017
GENERAL DEVELOPMENT
RESIDENTIALMULIT-FAMILIY DEVELOPMENTSCOMMERCIAL / INDUSTRIALSAC per unit (MCES) =SAC per unit (LOCAL) =WAC per unit=PAC per capita Base Unit =PAC Development Fee = % of market value
of land - previous Pac Fees Grading & Fill Escrow New Residential Building on Vacant Lot / New LotExisting Residential Building - No Previous ConnectionExisting Residential Building
- No Previous ConnectionNew Residential Service for Vacant Lot - New Main (City Project)Existing Residential Building - New Main (City Project)Existing Residential Building - Existing
Main (City Project)Disconnect / Repair Residential Sanitary Service Connection New Residential Building on Vacant Lot / New LotExisting Residential Building - No Previous ConnectionExisting
Residential Building - No Previous ConnectionNew Residential Service for Vacant Lot - New Main (City Project)Existing Residential Building - New Main (City Project)Existing Residential
Building - Existing Main (City Project)
Packet Page Number 145 of 332
G11
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM:Steve Love, Director of Public Works/City Engineer
Scott Schultz, Utility/Fleet/Parks Superintendent
DATE: November 3, 2017
SUBJECT:Approval ofPurchase of Asphalt Hot Box, Public Works Department
Introduction
The proposed 2018-2022Capital Improvement Plan (CIP) identifies the replacement of one
asphalt hot boxin 2018 (see attached CIP sheet).City Council approvalis needed tomove
forward with this purchase, which exceeds $20,000.00.
Background
The 2006 Hot Box is in need of replacement. This piece of equipment is an asset to the Street
Divisionof Public Works. It is used to patch potholes throughout the city and it keeps thehot
asphalt mix warm in cooler temperatures. This allows crews to startearly in the spring patching
pot holes when pot hole issues areat theirpeak. This is a heavilyused piece of equipment and
should be replaced every 10 years.The old unit has a high amount of hours and is in need of
costly repairs.
Budget Impact
The proposed 2018-2022 CIP identifies$40,000.00under project numberPW16.04for the
replacement of the unit described above. Staff is requesting this piece of equipment be ordered
st
by December 1, 2017 to ensure delivery by spring of 2018. That way it will beavailable for the
early spring patching season. The City wouldtake delivery and be invoiced after January 1,
2018. This piece of equipment will be purchased under MN State Contract pricing. The
following isthe costs for the asphalt hot box replacement:
SPHD-3.0 Asphalt Hot Box $39,603.00
The total cost for this purchase is $397.00less than what was identified in the proposed CIP
budget. The remaining dollars will be used tofund other 2018 CIP fleet purchases.The Finance
Director has reviewed this report and there will besufficient funds in the fleet management fund
to move forward with this purchase.
Packet Page Number 146 of 332
G11
Recommendation
It is recommended that the City Council approve the purchase of the asphalt hot box anddirect
the Mayor and City Manager to enter into a contractwithStepp Manufacturing Co., Inc. for this
purchaseunder MN State Contract#116255in an amount of $39,603.00
Attachments
1.Quote/Specs from Stepp Manufacturing Co, Inc.
2. 2018 CIP Sheet
Packet Page Number 147 of 332
G11, Attachment 1
QUOTESPHD17-99
jason@steppmfg.com / VP Sales
branda@steppmfg.com / Sales Coord
charlie@steppmfg.com / East Coast Rep
carl@steppmfg.com / Midwest Rep
www.steppmfg.com
Stepp Manufacturing Co., Inc. 12325 River Road North Branch MN 55056 Ph: 651-674-4491 Fx: 651-674-4221
MN Contract 116255
TO Scott Schultz COMPANY City of Maplewood
PHONE/FAX Ph: 651-249-2430 ADDRESS 1902 County Road B East
EMAIL scott.schultz@maplewoodmn.gov CITY/STATE/ZIP Maplewood MN 55109
DATEEARLIEST SHIPFOBSALES REPRESENTATIVE
10/31/2017TBDFactoryJason Stepp
ITEM #DESCRIPTIONQTYUNIT TOTALLINE TOTAL
SPHD-3.0Stepp Dump Style Premix Heater 3.0cy 4ton1$ 29,695.00$ 29,695.00
Electric Overnight Heat 220V 3000W 14,309.004,309.00
Washdown System 1698.00698.00
Hose Reel for Washdown1523.00523.00
Flush Mounted Strobe Lights 2317.00634.00
LED Arrowboard11,320.001,320.00
Compactor Plate Carrier11,514.001,514.00
Stainless Steel Tool Holders 2115.00230.00
Shovel Cleaning Compartment1680.00680.00
2 Light System10.000.00
Electric Brakes10.000.00
Note: Freight included to Maplewood MN
Subtotal$ 39,603.00
Weare pleased to submit the above quote for your consideration. Should you place an
order, be assured it will receive our prompt attention. Price does not include local,
% Dealer Discount$ -
state, or federal tax unless otherwise noted.
% Demo Discount$ -
*Please note: This quote is valid for 60 days from the above date.
% Mult-Unit Disc.$ -
There after it is subject to change.
% Tax$ -
Freight
Total Due$ 39,603.00
THANK YOU FOR YOUR BUSINESS!
Packet Page Number 148 of 332
G11, Attachment 2
thru
20182022
Capital Improvement Plan
Public Works
Department
Public Works Director
Contact
City of Maplewood, Minnesota
TypeEquipment
PW16.04
Project #
Useful Life20 years
Project Name
Asphalt Hot Box
CategoryEquipment: PW Equip
3 Important
Priority
Total Project Cost:$40,000
Description
The 2006 Hot Box for asphalt, Unit 729, is due for replacement in 2018.
Justification
The 2006 Hot Box is in need of replacement. This equipment is used to patch potholes throughout the city. It is an asset to the street department
because it can keep hot mix warm in cooler temperatures. This allows for early spring patching when potholes are at the peak. This is a heavy use
piece of equipment and should be replaced every 10 years.
ExpendituresTotal
20182019202020212022
Equip/Vehicles/Furnishings
40,00040,000
40,00040,000
Total
Funding Sources20182019202020212022Total
Fleet Management Fund 40,00040,000
40,00040,000
Total
Budget Impact/Other
There will be a positive impact on the operating budget due to lower maintenance costs.
Packet Page Number 149 of 332
THIS PAGE IS INTENTIONALLY LEFT BLANK
Packet Page Number 150 of 332
H1
MEMORANDUM
TO: City Council
FROM: Melinda Coleman, City Manager
DATE: November 7, 2017
SUBJECT: Ecumen Expenditure of Bond Financed Project Sale Proceeds
a. Public Hearing 7:00 p.m.
b. Consider Resolution Consenting to and Approving the Expenditure of Sale
Proceeds for Projects in Maplewood
Introduction
CLC Homes, LLC, a Minnesota limited liability company whose sole member is Ecumen, plans
to sell portions of its skilled nursing and assisted living campus in Chisago City, Minnesota. This
facility has been financed in part by tax-exempt bonds. Proceeds of the sale in the amount of
$750,000 are planned to be expended to make capital improvements to two projects in
Maplewood. Because the Sale Proceeds are being expended in Maplewood for projects in
Maplewood, it is necessary under Federal Tax Law for the City to hold a public hearing and
approve such expenditures.
Background
Ecumen plans to use the proceeds from the sale at two properties in Maplewood. This includes
the 98 unit housing with services facility at 1200 Lakewood Drive North, known as Ecumen
Lakeview Commons and the 151 unit housing with services facility at 1670 Legacy Parkway
East known as Ecumen Seasons at Maplewood. The $750,000 proceeds are planned to be
expended to make capital improvements to the Projects, principally consisting of enhancement
of interior and exterior features of the Projects and replacing critical infrastructure.
Budget Impact
There is no budget impact for the City of Maplewood related to sale of the facility in Chisago City
and using proceeds for improvements in Maplewood Projects.
Recommendation
It is recommended the Council:
a. Hold the Public Hearing
b. Approve the Resolution Consenting to and Approving the Expenditure of Sale
Proceeds for Projects in Maplewood.
Attachments
1. Resolution Consenting to and Approving the Expenditure of Sale Proceeds for Projects in
Maplewood.
Packet Page Number 151 of 332
H1, Attachment 1
RESOLUTION NO. ______
CONSENTING TO AND APPROVING THE EXPENDITURE OF SALE
PROCEEDS FOR PROJECTS IN MAPLEWOOD
Whereas, CDL Homes, LLC, a Minnesota limited liability company whose sole member
is Ecumen, a Minnesota nonprofit corporation and an organization described in Section 501(c)(3)
of the Internal Revenue Code of 1986, as amended (the “Code”), plans to sell portions of its skilled
nursing and assisted living campus in Chisago City, Minnesota, that has been financed in part by
tax-exempt bonds. Proceeds of the sale in the amount of approximately $750,000 (the “Sale
Proceeds”) are planned tobe expended to make capital improvements to the Projects defined
below, principally consisting of the enhancement of interior and exterior features of the Projects
and replacing critical infrastructure; and
Whereas, the projects arethe approximately 98-unit housing with services facilitylocated
at 1200 Lakewood Drive N. in the City of Maplewood (the “City”) known as Ecumen Lakeview
Commons, and the approximately 151-unit housing with services facilitylocated at 1670 Legacy
Parkway E.in the City known as Ecumen Seasons at Maplewood (collectively, the “Projects”).
Ecumen Lakeview Commons is owned by Lakeview Commons Senior Living, LLC, a Minnesota
limited liability company whose sole member is Ecumen, and Ecumen Seasons at Maplewood is
owned by Regent at Maplewood, LLC, a Minnesota limited liability company whose sole member
is Ecumen; and
Whereas, because the Sale Proceeds are being expended in the City with respect to the
Projects, it is necessary under federal tax law rules for the City to hold a public hearing and approve
such expenditure; and
Whereas, a notice of public hearing was published at least fourteen (14) days before the
regularly scheduled meeting of the Maplewood City Council in a newspaper circulating generally
in the City, with respect to the required public hearing under Section 147(f) of the Code; and
Whereas, on the date hereof, the City Council conducted aduly noticed public hearing on
the expenditure of the Sale Proceeds for the Projects; and
Now, therefore, be it resolved by the City Council of the City of Maplewood:
That the City Council hereby consents to the expenditure of the Sale Proceeds with respect
to the Projects as described above.
That Ecumen will pay and upon demand, reimburse the City for payment of, any and all
costs incurred by the City in connection with this resolution.
That this resolution shall take effect and be in force from and after its approval.
Adopted by the City Council of the City of Maplewood, Minnesota the 13thday of
November, 2017.
Attest:
Mayor City Clerk
Packet Page Number 152 of 332
J1
MEMORANDUM
TO:Melinda Coleman, CityManager
FROM:Andrea Sindt, City Clerk
Deb Schmidt, Deputy Clerk
DATE:November 8, 2017
SUBJECT:Consider Approval of Resolution DesignatingPrecinct Boundaries and Polling
Locations
Introduction
In preparation of the 2018 election cycle, city council is being asked to approve a resolution
designating precinct boundaries and polling locations. The realigning of precinct boundaries will
allow evenly distributed voter count in each polling location. In addition, Laws of Minnesota
2017, Chapter 92, was enacted thisyearrequiring municipalities to designate polling locations
for the following year by ordinance or resolution by December 31.
Discussion
In review of the previous election cycles, staff has evaluated current precinct boundaries and
polling locations and is requesting the following:
P2 polling location has been held at St. Jerome’s School/Church and they arerequesting
the cityno longer use their facility as a polling location. Therefore, staff is proposing to
combine precincts 1, 2 and 3 then split them into 2 precincts. Both precinctswould
remain in the ISD623 boundaries and the same legislative district.
P9 polling location has been held at the Maplewood Community Center. This precinct
currently has 710 registered voters which is a relativelysmall precinct and could easily
be combined with precincts 4 and 5 then split into two precincts. P10 is also held at the
MCCandhas caused voter confusion in past elections. Therefore, staff is requesting
precincts 4, 5 and 9 be combined then split into two precincts. These precincts would
remain in ISD622 boundaries and the same legislative district.
P12 polling location has been held at Beaver Lake Lutheran Church the past two years
due to construction at Beaver Lake School. Beaver Lake Lutheran Church has
expressed concerns about continuing to hold the elections at their facility. Therefore,
staff has reached out to ISD622to move the elections back to Beaver Lake Education
Center (previously Beaver Lake School).
The proposed changes would reduce the number of polling locations from 15 to 13 which would
result in the total number of current registered voters at eachprecinctto be:
P11976P51268P82028P111799
P21787P61717P91344P122111
P31821P71991P101149P132496
P41691
Packet Page Number 153 of 332
J1
Also in preparation for the 2018 election, staff has reviewed the seven day early voting function
and has been approached by Ramsey County to defer the function to the county. The option to
directly deposit ballots into the election tabulatorduring the seven daysperiod prior to Election
Daywas first introduced in 2016. This option was well received by voters and in response
Ramsey County created five satellite voting locations throughout the county for 2017 elections.
The county is planning to increase the number of satellites for 2018. These sites will be
equipped with all Ramsey County ballots thus allowing any Ramsey County voter access to a
convenient voting location.
Due to size restraints and increase in DVS traffic, the council chambers will not be a reasonable
facility for future early voting. Factors such as cost, staff and location create difficulties which
can be solvedwith the county handling the seven day early voting period. The additional cost
for managingearly voting for Maplewood in 2016 was about $30,000 and will continue to
increase each year. The county will perform early voting at no cost to the City as they already
performs this task for other municipalities. Also, in 2020 will be the first presidential primary
(probably in February) creating 3 voting cycles, each with early voting.
Such a transition will allow Maplewood staff to continue to conduct the absentee and precinct
voting well, while still providing non-election services to customers. Staff will continue to work
with Ramsey County on the specifics of early voting and believe a resolution will be brought to
council to solidify the understanding of the county and city roles in the process.
Budget Impact
The budget impact would be a reduction in expenditures because the number of election judges
would be reduced by approximately 16 judges for each election resulting in an estimated
$10,000in savings.
Recommendation
Staff is recommending the council approvethe Resolution Changing Precinct Boundaries and
Designating Polling Places for the 2018 State Primary and State General Elections.
Attachments
1. Resolution Changing Precinct Boundariesand Designating Polling Places for the 2018 State
Primary and State General Elections
2.Current and Proposed PrecinctBoundaries
3.Proposed 2018 PrecinctBoundaries and Polling LocationMap
Packet Page Number 154 of 332
J1, Attachment 1
City of Maplewood
Ramsey County, Minnesota
Resolution Changing Precinct Boundaries and Designating Polling Places
For the 2018 State Primary and State General Elections
WHEREAS, Minnesota Statutes 204B.16, subd 1 requires the City Council, by ordinance
or resolution, to designate polling places for the upcoming year; and
WHEREAS, changes to the polling places locations may be made at least 90 days
before the next election if one or more of the authorized polling places becomes unavailable for
use; and
WHEREAS, changes to the polling place locations may be made in the case of an
emergency when it is necessary to ensure a safe and secure location for voting; and
WHEREAS, Minnesota Statutes 204B.14, subd 4 authorizes the City Council to change
precinct boundaries no later than December 1 in the year prior to the year of the state general
election; and
WHEREAS, the city clerk has determined that the total number of precincts in the city
should be reduced to improve the efficiency and effectiveness of election administration; and
WHEREAS, the state primary is August 14, 2018 and the state general election is
November 6, 2018.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maplewood
hereby designates the following polling places for elections conducted in the city in 2018:
Precinct 1St.Paul Hmong Alliance Church
1770 McMenemy Street
Precinct 2Edgerton Elementary School
1929 Edgerton Street
Precinct 3Gladstone Fire Station
1955 Clarence Street
Precinct 4Gladstone Community Center
1945 Manton Street
Precinct 5Maplewood Community Center/YMCA
2100 White Bear Avenue N.
Precinct 6Redeeming Love Church
2425 White Bear Avenue N.
Precinct 7First Evangelical Free Church
2696 Hazelwood Street
Precinct 8Ramsey County Library
3025 Southlawn Drive
Precinct 9Maplewood Middle School
2410 Holloway Avenue E.
Precinct 10Beaver Lake Education Center
1060 Sterling Street N.
Precinct 11Gethsemane Lutheran Church
2140 Stillwater Road E.
Packet Page Number 155 of 332
J1, Attachment 1
Precinct 12Carver Elementary School
2680 Upper Afton Road E.
Precinct 13Lutheran Church ofPeace
47 Century Avenue S.
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate
a replacement meeting the requirements of the Minnesota Election Law for any polling place
designated in this Resolution that becomes unavailable for use by the City;
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate
an emergency replacement polling place meeting the requirements of the Minnesota Election
Law for any polling place designated in this Resolution when necessary to ensure a safe and
secure location for voting;
AND BE IT FURTHER RESOLVED, that the territory comprising precincts 1, 2 and 3 be
consolidated into two precincts having the following boundaries:
Precinct 1Rice Street to the West; County Road B to the North;
McMenemy Street to the East; Roselawn Avenue to the North;
Maplewood Drive East; Larpenteur Ave to the South
Precinct 2McMenemy Street to the West; Highway 36 to the North;
Maplewood Drive to the East; Roselawn Avenue to the South
ANDBE IT FURTHER RESOLVED, that the territory comprising precincts 4, 5, and 9 be
consolidated into twoprecincts having the following boundaries:
Precinct 3Maplewood Drive to the West; County Road B to the North;
Hazelwood Street to the East; Gateway Trail to the South;
Barclay Street to the East; Frost Avenueto the South;
Birmingham Street to the East; Larpenteur Avenue to the South
Precinct 5Maplewood Drive to the West; Highway 36 to the North;
Ariel Street to the East; Gateway Trail to the South;
Hazelwood Street to the West; County Road B to the South
AND BE IT FURTHER RESOLVED, that the city clerk is directed to change the precinct
numbers so that the precincts are numbered consecutively from 1 to 13;
AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this
resolution and any subsequent polling place designations to the Ramsey County Elections
Office;
AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of the
new precinct boundary map to the Ramsey County Elections Office and to the secretary of
state;
AND BE IT FURTHER RESOLVED, that the city clerk is directed to post a notice of the precinct
boundary changes in the clerk’s office.
Packet Page Number 156 of 332
J1, Attachment 2
Packet Page Number 157 of 332
J1, Attachment 3
Packet Page Number 158 of 332
J2
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM:Lois Knutson, Administrative Services & Performance Measurement Coordinator
Mike Funk, Assistant City Manager/HR Director
DATE: November 13, 2017
SUBJECT: Consider Modification to City of Maplewood’s Strategic Plan Initiatives
Introduction
The purpose of this discussion is to review the current City of Maplewood Strategic Plan
initiatives and consider modifications to two (2) of the five (5) initiatives. This also includes
changes to the initiative definitions that describe intent.
Background
The City’s strategic plan is a guiding document that outlines the strategic foundation for City
Council direction, priorities, and initiatives.
March 16 and continued on May 4, 2015. The City of Maplewood’s leadership team
(Mayor, Council, and staff) engaged in team building and strategic planning retreat.
June 22, July 13, and July 27, 2015. Development of the 5 strategic priorities and Key
Outcome Indicators (KOI’s).
August 10, 2015. The Council approved the strategic priorities and key outcome
indicators; and directed staff to prepare action plans.
September 23 and October 19, 2015. Action plans were reviewed at the workshops.
November 9, 2015. The City Council approved the final 2016-2017 Strategic Plan.
March 21, 2016. A retreat was held with the new City Council to review the Strategic
Plan, update key accomplishments, and identify key challenges moving forward.
June 8, 2016. Strategic Plan was revised.
March 13, 2017. City Manager Coleman presented an update to the City Council
regarding progress of the Strategic Plan.
The City is currently working with a software company called Envisio. Envisio’s web-based
solution is to align employees with the strategic plan and performance measures to accomplish
organizational outcomes. Envisio also provides a community dashboard that will be displayed
on the City’s website to provide visibility and accountability; and will share progress on the
Strategic Plan with the community.
In working with departments heads on creating the platform for Envisio, it is recommended the
city council consider modifying the strategic priorities that will better align with desired strategic
outcomes.
Packet Page Number 159 of 332
J2
Current Strategic Priorities
Financial Sustainability
Coordinated Communication
Effective Governance
Targeted Redevelopment
Operational Effectiveness
Proposed Strategic Priorities
Financial Sustainability
Communications& Community Inclusiveness
Infrastructure & Asset Management
Targeted Redevelopment
Operational Effectiveness
Budget Impact
The recommendation does not have a projected budget impact.
Recommendation
It is recommended that the City Council consider the following action: A motion to amend the five
(5) Strategic Initiates and related definitions to: Financial Sustainability, Communications &
Community Inclusiveness, Infrastructure & Asset Management, Targeted Redevelopment,
Operational Effectiveness.
*Note: It is also recommended that the City Council direct staff to continue to work on the Key
Outcome Indicators (KOI’s) and Action Initiatives for implementation through the new software
system, Envisio. (This does not need to be done by motion, rather by consensus of the council)
Attachments
1. PowerPoint Presentation
Packet Page Number 160 of 332
J2, Attachment 1
November 13, 2017
Strategic Plan Update
Packet Page Number 161 of 332
J2, Attachment 1
Financial SustainabilityCommunications & Community InclusivenessInfrastructure & Asset Management Targeted RedevelopmentOperational Effectiveness
•••••
Proposed
•
Financial SustainabilityCoordinated CommunicationEffective GovernanceTargeted RedevelopmentOperational Effectiveness
5 Strategic Priorities
•••••
Current
•
Packet Page Number 162 of 332
J2, Attachment 1
Treasury Yield
r
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wit
Financial Sustainability
hievement for Excellence in Financial Reporting
c
Maintain Average Annual Rate of Return on Investments at or Above the 1Rate Receive the GFOA Distinguished Budget Presentation Award and the GFOA Certificate of A
Maintain Excellent Bond Rating (AA+ with S&P and Aa2
Maintain a positive financial position by balancing revenues and expenditures for operations, debt management, and capital investments. Provide quality city services at a level that
reflects community values and that are supported by available resources. Key Outcome Indicators (KOIs)•••
Packet Page Number 163 of 332
J2, Attachment 1
by the end
Community
–
John’s Hospital area of
.
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identified for acquisition within
the diversity of the community.
operties
pr
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–
housing options that
Targeted Redevelopment
creating
he zoning map and zoning code for areas in the city guided by the 2040
t
also
omprehensive Plan as Mixed Use
the Gladstone Neighborhood. Complete a small area master plan for the Maplewood Mall and
Secure purchase agreements with at least 75 Maplewood by the end of 2019. Update Cof 2019.
Guide residential development by leveraging resources to expand the tax base while Promote commercial development through the green building code and innovation that supports business
growth. Key Outcome Indicators (KOIs)•••
Packet Page Number 164 of 332
J2, Attachment 1
ays of
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range mission and vision.
-
6 inches).
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full width within 8 hours after snow has stopped falling for 90% of all
o
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events (3
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organizational efficiencies which are based on performance
ll city roads
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80% application. Plow average snow
Respond to all emergency (lights and siren) incidents in 8 minutes or less (travel time), for 90%
Creating a culture that is built on trust, conveys clearly identified goals and expectations, and is focused on the city’s longValuing measurement, accountability, and best practices.
Key Outcome Indicators (KOIs)•••
Packet Page Number 165 of 332
J2, Attachment 1
services.
maintained roads
-
and well
effective,
-
, maintain, and manage capital assets to
term investment and ensure uninterrupted support
-
Infrastructure & Asset Management
5 miles of road reconstruction/rehabilitation projects each year.
.
Clean 1/3 of all city maintained sanitary sewer mains each year. Reduce the miles of roads that are in poor condition each year by completing a minimum of 3
Provide safe, efficient, sustainable, costand transportation systems. Buildpreserve longKey Outcome Indicators (KOIs)••
Packet Page Number 166 of 332
J2, Attachment 1
about our brand
n 2018.
i
based message
3%
-
.
videos per week appear on the City of Maplewood’s digital platforms.
3
-
communicates a consistent, broad
Increase social media engagement by an average of Increase the number of community outreach special events by 2 for 2018.
Ensure at least 2
Maplewood’s identify reflects our diversity. We will strive to create a community that is inclusive, tolerant, and compassionate about everyone. Effectively through a variety of mediumsKey
Outcome Indicators (KOIs)•••
Communications & Community Inclusiveness
Packet Page Number 167 of 332
J2, Attachment 1
Bi Annual
g
–
n
(December)
(November)
i
Final Tax Levy
t
Annual Budget/CIP
Initiatives
Community Survey
r
Review Progress on Strategic
Approve Annual Budget & Certify
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o
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p
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&
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n
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i
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Modify Strategic Initiatives
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Approve CIP
t
S
Approve Preliminary Levy & Develop Annual Strategic
Adopt Strategic Plan
Create Preliminary Strategic
Initiatives/Department Work
2015
Approve Annual Budget & Certify
Packet Page Number 168 of 332
For the Permanent Record
Meeting Date: 11/13/2017
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Meeting Date: 11/13/2017
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For the Permanent Record
Meeting Date: 11/13/2017
Agenda Item: J2
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J3
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Michael Martin, AICP, Economic Development Coordinator
DATE: November 6, 2017
SUBJECT: Consider Approval of a Building Expansion for HaF Equipment,1255
Cope Avenue East
A. Conditional Use Permit Resolution
B. Design Review
Introduction
Project Description
HaF Equipment is requesting city approval to build a 2,500 square foot addition to its 16,000
square foot warehouse building located at 1255 Cope Avenue East. City code requires a
conditional use permit (CUP) for all commercial buildings within 350 feet of areas in the city
planned for residential use. This property and building is within the 350 foot range.
Request
The applicant is requesting city approval for a CUP and design review.
Background
July 5,1979: The city council approved plans for the building on this site as a racquetball club.
for Wipers Recycling in 2007.
Discussion
Conditional Use Permit
As mentioned already, a CUP is required because the proposed expansion will occur within 350
feet of property the city has guided and zoned for residential use. This site has been used as a
commercial site for more than 38 permitted by the
zoning code. The building expansion will be used for additional warehouse space to support the
business. The building addition will be located on existing hard surface and the applicant is
proposing to add green space back into the site. All parking requirements will be met with the
proposed addition.
Packet Page Number 169 of 332
J3
Design Review
Architectural
The proposed exterior building material is a firestone metal product that comes in large panels
to reduce seams and will have a dark bronze color. The applicant chose the color to show that
the building is an extension of the existing building without trying to match the existing color and
materials.Another add this same metal panel siding
to the existing building near the main entry of the existing building to create a cohesive look
Site Plan
The proposed building addition is well beyond the required setback of 30 feet from the front
property line. The majority of the site currently is paved and the applicant is proposing to
remove some of the existing asphalt to create additional green areas around the building.
Between the office and warehouse uses on this site, 25 parking spaces are required and will be
provided by the applicant.
Department Comments
Engineering
October 3, 2017, attached to this report.
Building Official, Jason Brash
Build per 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code,
2015 Minnesota State Fire Code, MN 2015 Accessibility code, and 2015 Minnesota Building
Code.
Demonstrate compliance with all the requirements of the 2012 Minnesota Energy Code Chapter
1323 Section C401.2. Mixing 2012 IECC provisions and ASHRAE Standard 90.1 to obtain
compliance is not an option. The following forms must be completed as submittals.
a. ASHRAE90.1-2010 Building Envelope Compliance Documentation
b. ASHRAE 90.1-2010 HVAC Compliance Documentation
c. ASHRAE 90.1-2010 Service Water Heating Compliance Documentation
d. ASHRAE 90.1-2010 Lighting Compliance Documentation
Special inspections required as per 2012 IBC Chapter 17. Complete supporting special
inspection schedule document and submit with plan review response.
Plumbing plans shall be submitted to the State Plumbing Department for approval prior to the
issuance of a plumbing permit. St Paul water requires permits for water piping. Maplewood
requires permit for drain waste and vent.
Permits are required for building, plumbing, mechanical, electrical, Health, fire alarm, and
sprinklers.
Submit plans to the Metropolitan Council 651-602-1113 for SAC determination. Confirm all
plans with John DuCharme, City of Maplewood Engineering Department 651-249-2411.
Packet Page Number 170 of 332
J3
Commission Review
Community Design Review Board
October 17, 2017: The community design review board reviewed this project and
recommended approval.
Planning Commission
October 17, 2017: The planning commission held a public hearing, reviewed this project, and
recommended approval.
Budget Impact
None.
Recommendations
A.Approve the attached conditional use permit resolution. This conditional use permit allows
a 2,500 square foot building expansion within the M-1 (light manufacturing) zoning district
that is within 350 feet of a residential zoning district for the property located at 1255 Cope
Avenue East. This approval shall be subject to the following conditions:
1.All construction shall follow the project plans as approved by the city. The director of
environmental and economic development may approve minor changes.
2. The proposed construction must be substantially started within one year of council
approval or the permit shall end. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
B. Approve the plans date-stamped September 25, 2017, for HaF Equproposed
building expansion. Approval is subject to the developer complying with the following
conditions:
1. This approval is good for two years. After two years, the design-review process shall
be repeated if the developer has not begun construction.
2. All requirements of the fire marshal and building official must be met.
3. The applicants shall comply with all requirements of the Maplewood Engineering
Report from Jon Jarosch dated October 3, 2017.
4. All work shall follow the approved plans. The director of environmental and economic
development may approve minor changes.
5. Windows to match existing building windows for color and the parapet top to match the
existing building to tie units together.
Packet Page Number 171 of 332
J3
Citizen Comments
Staff surveyed the 29 surrounding property owners within 500 feet of the proposed site for their
opinion about this proposal. Staff received two responses one against the proposal and one
in favor.
Against
1. The proposed plan seems awkward in its appearance, not architectonic in any way. It
would be very close to our long standing property and would not seem to enhance it. We
would prefer any additions to take place at least on the west end of the property. We do
not support present plan. Thank you. (Bruce Haglund and Paul Wallin,1270 Cope
Avenue East)
In Favor
1. No comments no problems. Move forward. Thank you for welcoming us to the
neighborhood. (Paul Reiland,1220 Cope Avenue East)
Reference Information
Site Description
Site Size: 1.43 Acre
Existing Land Use: Warehouse and office building
Surrounding Land Uses
North: Highway 36
South: Office buildings
East: Gas station
West: Cope Avenue
Planning
Existing Land Use: Commercial (C)
Existing Zoning: Light Manufacturing (M1)
Application Date
The city applications complete on September 25, 2017. The initial 60-
day review deadline for a decision is November 24, 2017. As stated in Minnesota State Statute
15.99, the city is allowed to take an additional 60 days if necessary in order to complete the
review of the application.
Attachments
1. Overview Map
2. Land Use Map
3. Zoning Map
4.s
Packet Page Number 172 of 332
J3
5.
6. Jon Jarosch, Engineering Comments, dated October 3, 2017
7. Draft CDRB Minutes, dated October 17, 2017
8. Draft PC Minutes, dated October 17, 2017
9. Conditional Use Permit Resolution
10.et (separate attachment)
Packet Page Number 173 of 332
J3, Attachment 1
1255 Cope Avenue East
September 22, 2017
City of Maplewood
Legend
!
I
0240
Feet
Source: City of Maplewood, Ramsey County
Packet Page Number 174 of 332
J3, Attachment 2
1255 Cope Avenue East
September 22, 2017
City of Maplewood
Legend
!
I
Future Land Use
Low Density Residential
High Density Residential
Commercial
0240
Feet
Source: City of Maplewood, Ramsey County
Packet Page Number 175 of 332
J3, Attachment 3
1255 Cope Avenue East
September 22, 2017
City of Maplewood
Legend
!
I
Zoning
Single Dwelling (r1)
Multiple Dwelling (r3)
Planned Unit Development (pud)
Light Manufacturing (m1)
0240
Feet
Source: City of Maplewood, Ramsey County
Packet Page Number 176 of 332
J3, Attachment 4
Environmental & Economic
Development Department
1902 County road B East
Maplewood, MN 55109
RE: CONDITIONAL USE OR PUD APPLICATION
To whom it may concern:
This proposed building additionis located at 1255 Cope Ave Ein the M1 light manufacturingzoning area. The2,500
SFproposed additionis to be located on the south east side of the existingwarehousebuilding. This buildinguse in
conforming tothe overall zoning code of the area and is a small additionin comparisonto the existing16,000 SF
warehouse building. The proposed use forthe new additionis extra warehouse space to free up space in the existing
building.
The proposed addition has been designed to meet the design guidelinesset by the city and the overall design is to
make the building lookbetter thanatraditionalstandard warehouse building. The use will blend into the area in which
it is located and will add to the existingcharacter.This additionwill not depreciateland values and it will improve the
lands value. The building will not be constructed with any harmfulor hazardousmaterials or building techniques. The
proposed use will not add to the traffic or create any congestion. The proposed use will also not affect the existing
storm waterrunoffor any other public utilities. The utilitiesare already currentlyrunningto the existingbuilding and
the additionwill simply feed off of those utilities. This proposal will maximize preservation of all green space and
trees locatedon the site. Weare not removing any trees at all in this proposal. We are actually gaining green space
with the proposed additionsince we will be removingexistingasphaltin someareas around the building.The building
will alsonot have any adverse effectson the surrounding area. Currently most of the existingbuildingruns off of the
solar grid on the roof, this proposedadditionwill feed off of that gridand allow the building to use mostly solar power.
Overall this project aims to add additional warehouse space to free up spacein the existingwarehouse building. This
proposal will have no negative affects to the surrounding and will only add to the value of the surroundings. The
building hasbeen designed inaway to make it look betterthanthe traditionalwarehouse buildings and allow for a
more unique look. Theadditionwill also feature solar power taken from the existingsolar panels to make the building
as energyefficientas possible.
Thanks
Matt Hoefler
HAF Architects
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
HAFGROUP
175 SECOND STREET SOUTH
HUDSON, WISCONSIN 54016
PH: 715-808-8575
WWW.HAFARCHITECTS.COM
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Packet Page Number 177 of 332
J3, Attachment 4
Environmental & Economic
Development Department
1902 County road B East
Maplewood, MN 55109
RE: COMMUNITY DESIGN REVIEW NARRATIVE
To whom it may concern:
In this narrative we will review the intent and the overall scope of the proposal. The existing property is located at
1255 Cope Ave E and is the former Northern Tool building. This proposal includes the addition of a 2,500 SF
warehouse building to be added to the existing warehouse building. The proposed addition is an extension of the
warehouse space on the South East side of the building.
The use for the building is added warehouse area, the facility is not for manufacturing but rather storage of materials.
Currently the building is 100% warehouse area and will stay that way, there is no manufacturing in the building. This
added warehouse space will free up area in the existing building and make it easier for loading and unloading.
Currently the area where the addition will be placed is 100% asphalt parking area. In this case we placing the proposed
addition in an area where there is currently impervious surfaces. Because the building will be removing some parking
area we are actually gaining more green space on the site with the proposed addition (see attached site plan with design
review documents). We are also not disturbingany trees for the duration of the project. Again since the proposed
building is being constructed in the limits of the existingparking lot area there will be no need to remove any trees.
The proposal also meets all city required setbacks and the height of the building is in accordance to the design criteria.
Since the building does not have cooling, but rather heat only, the building will not have roof top units. The proposed
roof will not have any roof penetrations and as such will not need screening, we are however providing a 2’ tall parapet
around all sides of the proposal to add to the design and overall look of the building. The exterior building material is
a firestone metal product that comes in large panels to reduce seams and has a dark bronze color. The color has been
chosen to show that the building is an extension of the existing building without trying to match the existing. As
another part of the proposal we are proposing to add this same metal panel siding to the existing building near the
entry of the building. This would tie the new building in and make the overall look more cohesive. The glass on the
exterior of the building is meant to make the building look less like a warehouse space and more interesting than a
standard warehouse building. The storefront will be old castle 3000 series 2 x4 ½” aluminum with 1” clear low-e
insulated glass. These windows will provide the thermal insulation factor needed and allow the building to maintain
temperatures better.
Overall this proposal aims to add more space to the existing warehouse building. The proposal also aims to make the
building look more unique and better than a standard warehouse building. We believe this addition will add great
value to the building and to the surrounding area by raising the bar on what warehouse space can look like.
Thanks
Matt Hoefler
HAF Architects
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
HAF GROUP
175 SECOND STREET SOUTH
HUDSON, WISCONSIN 54016
PH: 715-808-8575
WWW.HAFARCHITECTS.COM
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Packet Page Number 178 of 332
J3, Attachment 5
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Engineering Plan Review
PROJECT: HaF Building Expansion – 1255 Cope Avenue East
PROJECT NO:17-26
COMMENTS BY: Jon Jarosch – Civil Engineer II
DATE: 10-3-2017
The applicant is proposing to add an addition to the existing facility at 1255 Cope Avenue East.
The size of this project falls below the thresholds that trigger the City’s stormwater management
requirements.It should be noted that there will be a slight increase in green space (+510 square
feet) in the proposed conditions which will provide a reduction in stormwater runoff.The
following are engineeringreview comments on the proposal and act as conditions prior to the
release of permits:
1)A grading and erosion control plan shall be submitted detailing how the proposed
addition willtie into the existing site, as well as depict how drainage around the proposed
addition will be accommodated.
2)Sediment control (silt fencing, bio-rolls, etc.) shall be installed around the perimeter of
theconstructionarea prior to the start of construction.
3)Paved areas shall be kept free of construction related sediment and debris and shall be
swept regularly.
4)Storm sewer catch basins that could receive runoff from the construction area shall be
protected throughout construction.
5) The Owner shall satisfy therequirements of all other permitting and reviewing agencies.
Public Works Permits
The following permits are required by the Maplewood Public Works Department for this project.
6)Grading and erosion control permit
-END COMMENTS -
Packet Page Number 185 of 332
J3, Attachment 7
DRAFT
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, OCTOBER 17, 2017
5.DESIGN REVIEW
a.Consider Approval of Design Review, HaF Equipment, 1255 Cope Avenue East
i.Economic Development Coordinator, Michael Martin gave the report on Approval
of Design Review for HaF Equipment, 1255 Cope Avenue East and answered
questions of the board.
ii.Pete Hoefler, 1255 Cope Avenue East, Maplewood, addressed and answered
questions of the board.
Boardmember Lamers moved to approvethe plans date-stamped September 25, 2017,
for HaF Equipment’s proposed building expansion. Approval is subject to the developer
complying with the following conditions: (additions are underlined and in bold).
1.This approval is good for two years. After two years, the design-review process shall
be repeated if the developer has not begun construction.
2.All requirements of the fire marshal and building official must be met.
3.The applicants shall comply with all requirements of the Maplewood Engineering
Report from Jon Jarosch dated October 3, 2017.
4.All work shall follow the approved plans. The director of environmental and
economic development may approve minor changes.
5.Windows to match existing building windows for color and the parapet top to
match the existing building to tie units together.
Seconded by Boardmember Peck. Ayes – All
The motion passed.
This item will be heard from the Planning Commission at 7 p.m. and go to the city
council on November 13, 2017.
Packet Page Number 186 of 332
J3, Attachment 8
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, OCTOBER 17, 2017
7:00 P.M.
5.PUBLIC HEARINGS
a.7:00 p.m. or later: Consider Approval of Conditional Use Permit, HaF
Equipment, 1255 Cope Avenue East
i.Economic Development Coordinator, Michael Martin gave the report to Consider
Approval of Conditional Use Permit, HaF Equipment, 1255 Cope Avenue East
and answered questions of the commission.
ii.Pete Hoefler, HaF Equipment, 1255 Cope Avenue East, Maplewood, addressed
and answered questions of the commission.
Chairperson Arbuckle opened the public hearing.
Chairperson Arbuckle closed the public hearing.
Nobody came forward to address the commission.
Commissioner Donofrio moved to approve the attached conditional use permit
resolution. This conditional use permit allows a 2,500 square foot building expansion
within the M-1 (light manufacturing) zoning district that is within 350 feet of a residential
zoning district for the property located at 1255 Cope Avenue East. This approval shall
be subject to the following conditions:
1.All construction shall follow the project plans as approved by the city. The director of
environmental and economic development may approve minor changes.
2.The proposed construction must be substantially started within one year of council
approval or the permit shall end. The council may extend this deadline for one year.
3.The city council shall review this permit in one year.
Seconded by Commissioner Ige. Ayes - All
The motion passed.
This item goes to the city council on November 13, 2017.
Packet Page Number 187 of 332
J3, Attachment 9
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, HaF Equipmenthasapplied for a conditional use permit to expand the
existing building at 1255 Cope Avenue East.
WHEREAS, conditional use permits are required for commercial buildings in the light
manufacturing (M1) zoning district that are within 350 feet of properties that have been guided
and zoned as residential.
WHEREAS, this permit applies to the 1.43 acre site at 1255 Cope Avenue East. The
legal description and property identification number are:
SubjectTo Road & Except South200 Feet; The East260 Feet Of Block 14 Also; Except
West400 Feet & Except East30 Feet;Part Lying SoutherlyOf Highway36 Of Block 17
09-29-22-41-0008
WHEREAS, the history of this conditional use permit is as follows:
1.On October 17, 2017, the planning commission held a public hearing. The city
staff published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners. The planning commission gave everyone at the
hearing a chance to speak and present written statements. The planning
commission recommended that the city council approvetheconditional use
permit
2.On November 13, 2017, the city council discussed the conditional use permit.
They considered reports and recommendations from the planning commission
and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above-
described conditional use permit because:
1.The use would be located, designed, maintained, constructed and operated to be
in conformity with the City’s Comprehensive Plan and Code of Ordinances.
2.The use would not change the existing or planned character of the surrounding
area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous, hazardous, detrimental, disturbing or
cause a nuisance to any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water or air pollution, drainage, water run-off,
vibration, general unsightliness,electrical interference or other nuisances.
5.The use would not exceed the design standards of any affected street.
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J3, Attachment 9
6.The use would be servedby 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 project plans as approved by the city. The director of
environmental and economic development may approve minor changes.
2.The proposed construction must be substantially started within one year of council
approval or the permit shall end. The council may extend this deadline for one year.
3.The city council shall review this permit in one year.
The Maplewood City Council __________this resolution on November 13, 2017.
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Jane Adade, Planner
Michael Martin, AICP, Economic Development Coordinator
DATE: November 6, 2017
SUBJECT: ConsiderApproval of Kline Nissan Car Wash Addition, 3090 Maplewood
Drive North
A. Conditional Use Permit Resolution
B. Design Review
Introduction
Kline Nissan is proposing to construct a car wash and two detail bays behind the store at 3090
Maplewood Drive North. The proposed addition will be a 2,666 square foot structure constructed
behind the existing store to the north-east. The addition will not serve as a public car wash but
as an internal function of the auto store.
Request
The applicant is seeking city council approval of the following requests:
A. Conditional Use Permit Resolution
B. Design Review
Background
On May 28, 2002, the city council adopted a conditional use permit (CUP) resolution allowing a
motor vehicle maintenance garage to be operated by Kline Nissan at this site.
On June 24, 2002, the city council approved a wetland buffer variance ranging from a 50-foot-
wide buffer on the northeast side of the property to a 75-foot-wide buffer on the south and
southeast sides of the site.
Discussion
Conditional Use Permit
Article II, Sections 44-637 of the city code requires a CUP to construct and operate a car wash
in a light manufacturing (M-1) district. The car wash will be built over existing hard surface and
will blend in well with the existing building. There are no residential areas nearby that would be
affected by any noise generated by the car wash. The two additional detail bays also require a
CUP. In 2002, the city council approved a CUP allowing a motor vehicle maintenance garage.
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Design Review
The car wash addition will be built using rock-faced CMU blocks and will be painted to match
the building. The CMU blocks and building color will match the existing conditions found on this
portion of the building currently.
Department Comments
Engineering
October 3, 2017, attached to this report.
Building
Jason Brash, Building Official, outlined these comments for the proposed addition.
Build per 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code,
2015 Minnesota State Fire Code, and 2015 Minnesota Building Code.
Demonstrate compliance with all the requirements of the 2012 Minnesota Energy Code Chapter
1323 Section C401.2. Mixing 2012 IECC provisions and ASHRAE Standard 90.1 to obtain
compliance is not an option. The following forms must be completed as submittals.
a. ASHRAE 90.1-2010 Building Envelope Compliance Documentation
b. ASHRAE 90.1-2010 HVAC Compliance Documentation
c. ASHRAE 90.1-2010 Service Water Heating Compliance Documentation
d. ASHRAE 90.1-2010 Lighting Compliance Documentation
Special inspections required as per 2012 IBC Chapter 17. Complete supporting special
inspection schedule document and submit with plan review response.
Plumbing plans shall be submitted to the State Plumbing Department for approval prior to the
issuance of a plumbing permit. St Paul water requires permits for water piping. Maplewood
requires permit for drain waste and vent.
Permits are required for building, plumbing, mechanical, electrical, Health, fire alarm, and
sprinklers.
Commission Review
Community Design Review Board
October 17, 2017: The community design review board reviewed this project and
recommended approval.
Planning Commission
October 17, 2017: The planning commission held a public hearing, reviewed this project, and
recommended approval.
Packet Page Number 191 of 332
Budget Impact
None.
Recommendation
A. Approve the conditional use permit resolution attached. This resolution approves the
conditional use permit for a car wash and two detail bays at 3090 Maplewood Drive.
Approval is subject to the following conditions (additions are underlined):
1. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2. The proposed construction must be substantially started within one year of council
approval or the permit shall become null and void. The council may extend this deadline
for one year.
3. The applicant shall not load or unload vehicles on public right-of-way.
4. Cars can only be parked on designated paved surfaces.
5.All repair, assembly, disassembly and maintenance shall occur within an enclosed
building, except minor maintenance. Minor maintenance shall include work such as tire
replacement or inflation, adding oil or wiper fluid replacement.
6.Water from car wash shall not drain onto a public street or access. A drainage system
shall be installed, subject to the approval of the city engineer.
7.All trash, waste materials and obsolete parts shall be stored within an enclosed trash
container.
8. The City Council shall review this permit in one year.
B. Approve the design plans date stamped September 18, 2017, for the construction of a car
wash and two detail bays located at 3090 Maplewood Drive North. Approval is subject to
the following conditions:
1. All construction shall follow the site plan that the City stamped September 18, 2017.
The director of community development may approve minor changes
2. Repeat this review in two years if the city has not issued a building permit for this
project.
3. Satisfy the requirements set forth in the staff report authored by staff engineer Jon
Jarosch, dated October 3, 2017.
4. Satisfy the requirements set forth in the staff report authored by building official Jason
Brash.
5. Elevation roof-top equipment submission to city staff for review and approval and if
necessary inclusion roof-top screening.
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Citizen Comments
The City of Maplewood mailed notices to property owners within 500 feet of this site, requesting
feedback on the proposed conditional use application.The City received two responses back.
1. We do not have any problem with the building on this property. Our only concern is
parking. When we purchased our building, the City was concerned if we had enough
parking for our employees. So we were not parking on the road. Now for the last year or
so, all the Kline Nissan employees are parking on the road and they have no parking at
this facility. (Lemke Dental Properties).
2. I have no comments (Ramsey Washington Metro Watershed District).
Reference Information
Site Description
Site size: 4.69 acres
Existing land use: Auto Car Sales and Services
Surrounding Land Uses
North: Undeveloped land
North-west: Highway 61
West: Highway 61
South: Manage A Wetland Buffer
East: Manage A Wetland Buffer
Planning
Land Use Plan designation: Commercial (C)
Zoning:Light Manufacturing (M1)
Application Date
The application for this request was considered complete on September 25, 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 November 24, 2017.
Attachments
1. Overview Map
2. Land Use Map
3. Zoning Map
4.
5.
6. comments, October 3, 2017
7. Draft CDRB Minutes, dated October 17, 2017
8. Draft PC Minutes, dated October 17, 2017
9. Conditional Use Permit Resolution
10.
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3090
, 2017
City of Maplewood
Information
Overview Map
Legend
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3090 Maplewood Drive
October 10, 2017
City of Maplewood
Information
Map
Legend
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Low Density Residential
Medium Density Residential
High Density Residential
Park
Institution
Open Space
Commercial
Industrial
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3090 Maplewood Drive
October 10, 2017
City of Maplewood
Information
Zoning Map
Legend
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Open Space/Park
Single Dwelling (r1)
Multiple Dwelling (r3)
Planned Unit Development (pud)
(f)
Light Manufacturing (m1)
Business Commercial Modified (bcm)
Business Commercial (bc)
0980
Feet
Source: City of Maplewood, Ramsey County
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Engineering Plan Review
PROJECT: Kline Nissan Car Wash – 3090Highway 61
PROJECT NO:17-25
COMMENTS BY: Jon Jarosch – Civil Engineer II
DATE: 10-3-2017
The applicant is proposing to add a car wash and two detail bays to the existing facility at 3090
Highway 61.The size of this project falls below the thresholds that trigger the City’s stormwater
management requirements.The following are engineeringreview comments on the proposal
and act as conditions prior to the release of permits:
1)A grading and erosion control plan shall be submitted detailing how the proposed
addition will tie into the existing site, as well as depict how drainage around the proposed
addition will be accommodated.
2)Sediment control (silt fencing, bio-rolls, etc.) shall be installed around the perimeter of
theconstructionarea prior to the start of construction.
3)Paved areas shall be kept free of construction related sediment and debris and shall be
swept regularly.
4)Storm sewer catch basins that could receive runoff from the construction area shall be
protected throughout construction.
5)The owner shall be responsible for any SAC and WAC charges related to the car wash
addition.
6)The Owner shall satisfy the requirements of all other permitting and reviewing agencies.
Public Works Permits
The following permits are required by the Maplewood Public Works Department for this project.
7)Grading and erosion control permit
-END COMMENTS -
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DRAFT
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, OCTOBER 17, 2017
5.DESIGN REVIEW
b.Consider Approval of Design Review, Kline Nissan, 3090 Maplewood Drive
i.Planner, Jane Adade gave the report on Approval of Design Review for Kline
Nissan, 3090 Maplewood Drive and answered questions of the board.
ii.Jeremy Thomas, RJ Ryan Construction, 1100 Mendota Heights Rd, Mendota
Heights, addressed and answered questions of the board.
BoardmemberLamers moved to approvethe design plans date-stamped September 18,
2017, for the construction of a car wash and two detail bays located at 3090 Maplewood
Drive North. Approval is subject to the following conditions: (additions are underlined
and in bold).
1.All construction shall follow the site plan that the City stamped September 18, 2017.
The Director of Community Development may approve minor changes.
2.Repeat this review in two years if the city has not issued a building permit for this
project.
3. Satisfy the requirements set forth in the staff report authored by staff engineer, Jon
Jarosch, dated October 3, 2017.
4.Satisfy the requirements set forth in the staff report authored by building official
Jason Brash.
Elevation roof-top equipment submissionto city staff for review and approval
5.
and if necessary inclusion roof-top screening.
Seconded by Boardmember Peck. Ayes – All
The motion passed.
This item will be heard from the Planning Commission at 7 p.m. and go to the city
council on November 13, 2017.
Packet Page Number 202 of 332
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, OCTOBER 17, 2017
7:00 P.M.
5.PUBLIC HEARINGS
a.7:00 p.m. or later: Consider Approval of Kline Nissan Car Wash Addition, 3090
Maplewood Drive North
i.Planner, Jane Adade gave the report on Considering Approval of Kline Nissan
Car Wash Addition, 3090 Maplewood Drive North and answered questions of the
commission.
ii.Economic Development Coordinator, Michael Martin answered questions of the
commission.
Chairperson Arbuckle opened the public hearing.
Chairperson Arbuckle closed the public hearing.
Nobody came forward to address the commission.
moved to approve the conditional use permit resolution. This
Commissioner Dahm
resolution approves the conditional use permit for a car wash and two detail bays at
3090 Maplewood Drive. Approval is subject to the following conditions (additions are
underlined):
1.All construction shall follow the site plan approved by the city. The director of
community development may approve minor changes.
2.The proposed construction must be substantially started within one year of council
approval or the permit shall become null and void. The council may extend this
deadline for one year.
3.The applicant shall not load or unload vehicles on public right-of-way.
4.Cars can only be parked on designated paved surfaces.
5.All repair, assembly, disassembly and maintenance shall occur within an enclosed
building, except minor maintenance. Minor maintenance shall include work such as
tire replacement or inflation, adding oil or wiper fluid replacement.
6.Water from car wash shall not drain onto a public street or access. A drainage
system shall be installed, subject to the approval of the city engineer.
7.All trash, waste materials and obsolete parts shall be stored within an enclosed trash
container.
8.The City Council shall review this permit in one year.
Seconded by Commissioner Ige. Ayes - All
The motion passed.This will be heard by the city council on November 13, 2017.
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RESOLUTION
WHEREAS,Kline AutoWorld appliedfora conditional use permit to construct and
operatea car wash andtwo detail bayson a property zoned M-1(light manufacturing).
WHEREAS, this permitapplies toa 4.69-acre site located at 3090 Maplewood Drive
North, Maplewood, MN. The property identification number is 03-29-22-33-0022. The legal
description is:
Tract “A”, Registered Land Survey No. 15, on file in the office of the Registrar of Titles
within and for said County, except that part lying easterly of a line beginning at a point on
the north line of said Tract 1494.91 feet west of the northeast corner of said Tract;
thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39
feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the
south line of said Tract 1303.88 feet west from the southeast corner of said Tract,
Ramsey County, Minnesota. Torrens Certificate Number: 171003.
WHEREAS, Section 44-637of the City’s ordinances (District Regulations) requires a
conditional use permit to construct and operate a car wash in the M-1 zone (light manufacturing)
WHEREAS, the applicantis proposing to extend the ground floor living area to the west
side of the house, six (6) feet from the property line, requiring a 4-foot side yard setback
variance
WHEREAS, the history of this conditional use permitis as follows:
1.On October 17, 2017, the Planning Commission held a public hearing to review this
proposal.City staff published a notice in the paper and sent notices to the surrounding property
owners as required by law. The Planning Commission gaveeveryone at the hearing a chance
to speak and present written statements. The Planning Commissionalso considered the report
and recommendation of the city staff. The Planning Commission recommended ________ of
the side yard setback variance to the City Council.
2.The City Council held a public meeting on November 17, 2017, to review this proposal.
The City Council considered the report and recommendations of the city staffand the Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council _________the above-
described conditional usebased on the following reasons:
1.Theuse will be located, designed, maintained, constructedand operated to be in
conformity with the City’s Comprehensive Plan and Zoning Code.
2.The use would not change the existing or planned character of the surrounding area.
3.The use would not depreciate property values
4.The use would not involve any activity, process, materials, equipment or methods or
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 quality pollution, drainage, water run-off, vibration, general
Packet Page Number 204 of 332
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 of the conditional use permit issubject to the followingconditions:
1.All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2.The proposed construction must be substantially started within one year of council
approval or the permit shall become null and void. The council may extend this deadline
for one year.
3.The applicant shall not load or unload vehicles on public right-of-way.
4.Cars can only be parked on designated paved surfaces.
5.The City Council shall review this permit in one year.
6.All repair, assembly, disassembly and maintenance shall occur within an enclosed
building, except minor maintenance. Minor maintenance shall include work such as tire
replacement or inflation, adding oil or wiper fluid replacement.
7.Water from car wash shall not drain onto a public street or access. A drainage system
shall be installed, subject to the approval of the city engineer.
8.All trash, wastematerials and obsolete parts shall be stored within an enclosed trash
container.
9.The City Council shall review this permit in one year.
The Maplewood City Council ______________this resolution on __________________.
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Michael Martin, AICP, Economic Development Coordinator
DATE: November 6, 2017
SUBJECT: Consider Denial of a Sign Variance,AT&T, 3070 White Bear Avenue
North
A. Sign Variance Denial Resolution
Introduction
Project Description
Tim Kramer of Priority Sign, on behalf of AT&T, is seeking city approval of a sign variance
allowing two additional wall signs than what city code allows for the building at 3070 White Bear
Avenue. City code allows single-tenant buildings to have one wall sign for each street frontage
the property is adjacent to. In this case the property located at 3070 White Bear Avenue is
adjacent to one street frontage and is allowed one wall sign.
The applicant will be utilizing the existing freestanding sign. This request does not pertain to the
freestanding sign.
Request
The applicant is requesting city approval of a sign variance.
Background
March 22, 2016: City approved design plans for the building.
Discussion
Sign Variance
State Law
State law requires that variances shall only be permitted when they are found to be:
1. In harmony with the general purposes and intent of the official control;
2. Consistent with the comprehensive plan;
3. When there are practical difficulties in complying with the official control.
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property in a reasonable manner not permitted by an official control. The plight
of the landowner is due to circumstances unique to the property not created by
the landowner and the variance, if granted, will not alter the essential character of
the locality.
City Ordinance
Section 44-731 states the purpose and
o establish a comprehensive and impartial system of sign regulations that balances the
needs for effective visual communication including business identification and the needs for a
safe, well-maintained, and attractive community. It is intended through the provisions
contained herein to:
1.Promote signs which by their design and dimensions are integrated and
harmonized with the surrounding environment and the buildings and sites they
occupy.
2.Protect the publicfrom damage or injury caused by signs that are poorly designed
or maintained and from signs that cause distractions or hazards to motorists and
pedestrians using the public streets, sidewalks, and public right-of-way.
3.Avoid excessive signage in order to give each business or use optimum visibility to
passer-by traffic and prevent cluttering of the streetscape.
4.Allow noncommercial copy to be substituted for commercial copy on any lawful
a single-tenant building one wall sign for each street upon
which the property has frontage in this case one wall sign is allowed. The applicant is
requesting a variance to allow two additional wall signs on the building. The proposed three wall
signs would be located on the north, south and west elevations.
The following text is from the letter Tim Kramer the applicant submitted for justification of a
sign variance:
AT&T is no longer just a phone company/distributor. They are now a multinational
telecommunications company. They not only have phones but also carry DirectTV, U-
verse, and internet service. With these additional services, they have expanded their
consumer base tremendously. It is imperative that AT&T can reach out to their entire
consumer base.
Each part of their telecommunications is under the AT&T name. AT&T is nationally
known to carry these products. The additional AT&T signs will give visibility from the
road to ensure their customers know where AT&T is located and give them advanced
notice to make a safe exit to get to the store.
Please grant our request for the additional three wall signs.
Staff recognizes that many services are to be offered at this location but do not see this as a
justification for additional wall signage. With that said, code does allow that
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wall signs may be increased by one for each clearly differentiated department of a business or
clearly differentiated department of a business - but not an additional sign that just
ding. Staff offered this as a potential solution, where the applicant
could post a sign that highlights a department within the business, but the applicant chose the
nding.
Earlier this year, the city council approved a sign variance request for the property directly to the
north 3088 White Bear Avenue. This allowed each tenant of a multi-tenant building to have a
wall sign on both the east and west elevations one more than code allows. The approval of
this request was justified because of site constraints in how the building and site needed to be
designed and for wayfinding purposes to each of the tenants once customers have parked their
cars.
These circumstances do not exist for the 3070 White Bear Avenue property and staff does not
believe the applicant has provided sufficient justification for the city to approve a variance.
Commission Review
Community Design Review Board
October 17, 2017: The community design review board reviewed this request and
recommended denial.
Planning Commission
October 17, 2017: The planning commission held a public hearing, reviewed this request, and
recommended denial.
Budget Impact
None.
Recommendations
A. Deny asign variance request to allow two additional wall signs for the building located at
3070 White Bear Avenue North by adopting the attached resolution.Denial is based on the
following reasons:
1. Strict enforcement of the ordinance does not cause the applicant practical difficulties
because complying with sign requirements allows the retail tenant sufficient building
identification and it will not be difficult for customers to find the location.
2. If this request were to be approved, the sign variance will result in excessive signage
for this site as all three wall signs would bevisible from the White Bear Avenue
roadway.
3. If this request were to be approved, the spirit and intent of the ordinance would not be
met.
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Citizen Comments
Staff surveyed the 17 surrounding property owners within 500 feet of the proposed site for their
opinion about this proposal. Staff received two responses including one from the property
owner and both were in favor of the proposal.
1. I am writing to you on behalf of Division 25, LLC. We are the owners of the Caribou Coffee
property at the Southeast corner of White Bear Avenue and County Road D. We received
the attached notice from you regarding the request for additional signage on behalf of AT&T
on a nearby property.
As a nearby commercial property owner, we have no concerns as to the additional signage
request for this neighboring property. We believe that commercial property owners and
tenants ought to be able to properly and tastefully expose their premises to the travelling
customer and we find that it actually serves a definable purpose for the consumer. This is
clearly a recognized commercial thoroughfare, and providing prominent signage only assists
the consumer in their way-finding. Further, if additional signage allows a tenant/user to
achieve a more successful and stable revenue stream, then it is only good for the trade area
and the neighboring commercial properties. We like owning property where the tenants
perform well and the community feels vibrant. Thank you for informing us of this application
and variance request. We support the granting of the variance. (John Johannson, Welsh
Companies)
2. Fully support AT&T plans. Having a corner entrance supports multiple building signs. The
building would look incomplete with only one building sign. A state of the art new building
needs to have the aesthetically pleasing signs they are proposing. A freestanding building
should be permitted to have more than one building sign. (Mike Peirce,Maplewood Partners
Property Owner)
Reference Information
Site Description
Site Size: 0.56 Acres
Existing Land Use: AT&T retail store
Surrounding Land Uses
North: Square
South:
East: Sibley Cove Apartment Building
West: White Bear Avenue and Maplewood Mall
Planning
Existing Land Use: Commercial (C)
Existing Zoning: Business Commercial (BC)
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Application Date
on September 25, 2017. The initial 60-
day review deadline for a decision is November 24, 2017. As stated in Minnesota State Statute
15.99, the city is allowed to take an additional 60 days if necessary in order to complete the
review of the application.
Attachments
1. Location Map
2. Site Plan
3. Building Elevations With Proposed Signs
4.
5. Draft CDRB Minutes, dated October 17, 2017
6. Draft PC Minutes, dated October 17, 2017
7. Sign Variance Denial Resolution
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3070 White Bear Avenue
September 22, 2017
City of Maplewood
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DRAFT
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, OCTOBER 17, 2017
5.DESIGN REVIEW
c.Consider Denial of a Sign Variance, AT & T, 3070 White Bear Avenue North
i.Economic Development Coordinator,Michael Martin gave the report of Consider
Denial of a Sign Variance, AT & T, 3070 White Bear Avenue North and answered
questions of the board.
ii.Representative from AT & T, Valerie Bruggeman, AT & T, 3070 White Bear
Avenue North, addressed and answered questions of the board.
iii.Representative from AT & T, Paul Riedel, AT & T, 3070 White Bear Avenue
North, addressed and answered questions of the board.
Boardmember Lamers moved to deny a sign variance request to allow two additional
wall signs for the buildinglocated at 3070 White Bear Avenue North. Denial is based on
the following reasons:
1.Strict enforcement of the ordinance does not cause the applicant practical difficulties
because complying with sign requirements allows the retail tenant sufficient building
identification and it will not be difficult for customers to find the location.
2.If this request were to be approved, the sign variance will result in excessive signage
for this site as all three walls signs would be visible from the White Bear Avenue
roadway.
3.If this request were to be approved, the spirit and intent of the ordinance would not
be met.
Seconded by Boardmember Peck. Ayes – All
The motion passed.
This item will be heard from the Planning Commission at 7 p.m. and go to the city
council on November 13, 2017.
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DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, OCTOBER 17, 2017
7:00 P.M.
5.PUBLIC HEARINGS
c.Consider Denial of a Sign Variance, AT & T, 3070 White Bear Avenue North
i.Economic Development Coordinator, Michael Martin gave the report on
Considering Denial of a Sign Variance for AT&T, 3070 White Bear Avenue North.
ii.Representative for AT & T, Valerie Bruggeman, AT & T, 3070 White Bear
Avenue North, Maplewood, addressed and answered questions of the
commission.
iii.Representative for AT & T, Paul Riedel, AT & T, 3070 White Bear Avenue North,
Maplewood, addressed and answered questions of the commission.
Chairperson Arbuckle opened the public hearing.
Chairperson Arbuckle closed the public hearing.
Commissioner Donofrio moved to deny the sign variance request to allow two additional
wall signs for the building located at 3070 White Bear Avenue North. Denial is based on
the following reasons:
1.Strict enforcement of the ordinance does not cause the applicant practical difficulties
because complying with sign requirements allows the retail tenant sufficient building
identification and it will not be difficult for customers to find the location.
2.If this request were to be approved, the sign variance will result in excessive signage
for this site as all three wall signs would be visible from the White Bear Avenue
roadway.
3.If this request were to be approved, the spirit and intent of the ordinance would not
be met.
Seconded by Commissioner Ige. Ayes- All
The motion passed.
This item goes to the city council on November 13, 2017.
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DENIAL OF A SIGN VARIANCE REQUESTRESOLUTION
WHEREAS, Tim Kramer of Priority Sign, on behalf of AT&T, requested city approval of a
sign variance allowing two additional wall signs than what city code allows the building currently
being built at 3070 White Bear AvenueNorth.
WHEREAS, Section 44-13 of the city code grants the city discretion in reviewing
variances.
WHEREAS, when property owners are seeking more signs than what the city code
allows for commercial buildings in the business commercial zoning districtvariances are
required.
WHEREAS, this resolutionapplies to the 0.56 acresite at 3070 White Bear Avenue
North. The legal description and property identification number are:
That part of the following described parcel lyingwesterly of the easterly 114.15 feet
thereof:
Thatpart of the North 10 Acres of the East 20Acres of the North Half of the
Northwestquarter ofSection 2, Township29, Range 22,Ramsey County,
Minnesota, described asfollows: Commencingat the intersection of the east line:
of said North 10 Acres ofthe East 20 Acres and the north line of the south 100
feet of said North10 Acres ofthe East 20 Acres; thence westerly along said
north line of the south 100 feet, adistance of 221.00 feet to the actual point of
beginning of the parcel being described;thence northerly, at a right angle, 155.94
feet to a point on a line parallel withand distance 493.50feet south of the north
line of the Northwest Quarterof saidSection 2; thencewesterly along said
parallel line to the easterly right of wayline of White Bear Avenue as established
in Documents No. 1748789 and 1756314 onfile in the office of the County
Recorder in and for said Ramsey County; thencesoutherly along said easterly
right of way line to its intersection with saidnorth line of the south 100 feet of said
North 10 Acres of the East 20 Acres;thence easterly along said north line to the
point of beginning.
Reserving and subject to an easement for ingress and egress over, under, and
across, the southerly 24 feet of the northerly 49feet of that part of the above
described parcel lying westerly of the easterly 114.15 feet thereof.
Together with an easement for ingress and egress over, under and across, the
southerly 24 feet of the northerly 49 feet of the easterly 114.15 feet of the above
described parcel.
And together with an easement for ingress and egress over, under, and across,
thenorth 24 feet of the southerly 230.94 feet of the westerly 15 feet and the
easterly24 feet of the westerly 39 feet of the northerly 130.94 feet of the
southerly 230.94feet of that part of said North 10 Acres of the East 20 Acres
lying easterly of andadjacent to the easterly line of the above described parcel.
02-29-22-21-0019
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WHEREAS, the history of this conditional use permit is as follows:
1.On October 17, 2017, the planning commission held a public hearing. The city
staff published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners. The planning commission gave everyone at the
hearing a chance to speak and present written statements. The planning
commission recommended that the city council denythesign variance request
2.On November 13, 2017,the city council discussed the sign variance request.
They considered reports and recommendations from the planning commission
and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council denythe above-described
sign variance requestbecause:
1.Strict enforcement of the ordinance does not cause the applicant practical difficulties
because complying with sign requirements allows the retail tenant sufficient building
identification and it will not be difficult for customers to find the location.
2.If this request were to be approved, the signvariance will result in excessive signage
for this site as all three wall signs would be visible from the White Bear Avenue
roadway.
3.If this request were to be approved, the spirit and intent of the ordinance would not be
met.
The Maplewood City Council __________this resolution on November 13, 2017.
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Ellen Paulseth, Finance Director
DATE: November 13, 2017
SUBJECT: Consider Resolution Authorizing the Issuance, Sale, and Delivery of
Multifamily Housing Revenue Obligations – Maple Pond MDG, LP
Introduction
On July 10, 2017, following a duly noticed public hearing, the Council adopted Resolution No.
17-07-1475, which granted preliminary approval to the issuance of Multifamily Housing Revenue
Bonds, in an aggregate principal amount not to exceed $15,000,000, on behalf of Maple Pond
MDG Limited Partnership. The Bonds will be issued pursuant to the Housing Act (M.S. Chapter
462C), and will finance a portion of the costs of the acquisition and rehabilitation of 168 units of
multifamily rental apartments. The issuance of the bonds will not impact the City’s debt capacity
and does not constitute a general or moral obligation of the City. The bonds will not be secured
by the taxing powers of the City or any assets of the City, and will not adversely impact the
City’s ability to issue bank-qualified obligations for City projects. The City received an
application fee of $3,400 and will receive an administrative fee of $28,600 for facilitating the
bonds.
To provide interim financing for the project, Maple Pond MDG, LP has requested that the City
issue Multifamily Housing Revenue Notes in one or more series, in the maximum principal
amount of $11,200,000. Bridgewater Bank will be the purchaser of the Note. The Note will be
issued on a short-term basis. The Bonds will be issued as permanent financing for the project
within one-year of the issuance of the Note, at which time the proceeds of the Bonds will refund
the Note and finance the remaining costs of the project.
At this meeting, the City Council is being requested to consider the attached resolution granting
final approval for the issuance of the Note by the City, authorize the loan of the proceeds to
Maple Pond MDG, LP to finance the project, and approve the forms and authorize execution
and delivery of the Note and related documents, including:
Loan agreement between City and Maple Pond MDG;
Assignment of Loan Agreement between the City and Bridgewater Bank;
The Note;
Regulatory Agreement between the City and Maple Pond MDG.
Background
Maple Pond Homes consists of 168 apartment units located in two buildings, 1816 and 1854
Beebe Road in Maplewood. It was constructed in 1974. There is a total of 99 one-bedroom
units, 63 two-bedroom units and 6 three-bedroom units. There is a HUD contract (Section 8) on
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121 of the apartments and 47 units under a HUD 236 agreement. There are 102 garages in
addition to surface parking. The complex was purchased in 1998 and renovated in 1999,
including new siding, a new roof, upgraded kitchens, heating system improvements, and other
improvements.
The objectives of the current renovation project are to preserve the affordability of Maple Pond
for the long term and complete necessary capital improvements. A significant part of the equity
for the upgrades will be created through the use of Low Income Housing Tax Credits. The
financing plan for the renovation includes approximately $3,900,000 in improvements.
Significant upgrades will be made to the exterior as well as the interior of the property including
replacing the roof, upgrading the heating system to a high efficiency system, kitchen and
bathroom upgrades, updating the security system and common area improvements. A solar
power system will also be installed to continue the investors’ focus on sustainability. These
improvements will reduce utility usage and improve the overall livability for the residents. There
will also be upgrades to the landscaping and outdoor space so the residents will have places to
gather outside.
Budget Impact
The City has received an application fee of $3,400 and will receive an administrative fee in the
amount of $28,600 for facilitating the bonds. The City bears no responsibility for the debt. The
conduit debt issuance does not add to the City’s debt load and has no impact on the City’s
credit rating. Because these bonds are Housing Revenue Bonds (M.S. 462C), the issuance
does not affect the City’s Bank Qualification (BQ) limit.
Recommendation
It is recommended that the Council approve the Resolution Authorizing the Issuance, Sale,
and Delivery of Multifamily Housing Revenue Obligations to Finance an Existing
Multifamily Housing Development Located in the City Pursuant to Minnesota Statutes,
Chapter 462C, as Amended; Authorizing the Loan of the Proceeds of the Obligations to
Maple Pond MDG Limited Partnership; and Approving the Forms of and Authorizing the
Execution and Delivery of the Obligations and Related Documents.
Attachments:
1. Resolution Authorizing the Issuance, Sale, and Delivery of Multifamily Housing Revenue
Obligations.
2. Regulatory Agreement
3. Loan Agreement
4. Note
5. Disbursing Agreement
6. Assignment of Loan Agreement
7. Kennedy & Graven Letter
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CITY OF MAPLEWOOD, MINNESOTA
RESOLUTION NO. 17-11-____
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF MULTIFAMILY
HOUSING REVENUE OBLIGATIONS TO FINANCE AN EXISTING
MULTIFAMILY HOUSING DEVELOPMENT LOCATED IN THE CITY
PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED;
AUTHORIZING THE LOAN OF THE PROCEEDS OF THE OBLIGATIONS TO
MAPLE POND MDG LIMITED PARTNERSHIP; AND APPROVING THE
FORMS OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE
OBLIGATIONS AND RELATED DOCUMENTS
BE IT RESOLVED by the City Council (the ÐCouncilÑ) of the City of Maplewood, Minnesota (the
ÐCityÑ), as follows:
Section 1. Recitals.
1.1.The City is a statutory city duly organized and existing under the Constitution and
laws of the State of Minnesota.
1.2.Pursuant to Minnesota Statutes, Chapter 462C, as amended (the ÐHousing ActÑ),
the City is authorized to carry out the public purposes described in the Housing Act by issuing
revenue bonds or other obligations to finance or refinance multifamily housing developments, and
as a condition to the issuance of such revenue bonds, adopt a housing program providing the
information required by Section 462C.03, subdivision 1a of the Housing Act.
1.3.In the issuance of the CityÓs revenue bonds and in the making of a loan to finance
a multifamily housing development the City may exercise, within the corporate limits of the City,
any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota
Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes,
Chapter 475, as amended.
1.4.On July 10, 2017, following a duly noticed public hearing, the Council adopted
Resolution No. 17-07-1475 (the ÐPreliminary ResolutionÑ) under the terms of which the City:
(i) granted preliminary approval to the issuance of one or more series of multifamily housing
revenue bonds (the ÐBondsÑ), in an aggregate principal amount not to exceed $15,000,000, pursuant
to the Housing Act for the benefit of Maple Pond MDG Limited Partnership, a Minnesota limited
partnership (the ÐBorrowerÑ) to finance all or a portion of the costs of the Project (as hereinafter
defined); (ii) ratified, confirmed, and approved the preparation of a housing program providing the
information required by Section 462C.03, subdivision 1a of the Housing Act (the ÐHousing
ProgramÑ) and submission of the Housing Program to the Metropolitan Council for its review and
comment, and adopted, ratified, and approved the Housing Program in all respects without
amendment; (iii) authorized the submission of an application to the State of Minnesota Department
of Management & Budget (ÐMMBÑ) for an allocation of bonding authority pursuant to Section 146
of the Internal Revenue Code of 1986, as amended (the ÐCodeÑ), and Minnesota Statues,
Chapter 474A, as amended (the ÐAllocation ActÑ); and (iv) stated the official intent of the City to
reimburse the Borrower for expenditures made for costs of the Project from proceeds of tax-exempt
bonds or other obligations under Treasury Regulations, Section 1.150-2.
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1.5.The Preliminary Resolution constitutes a reimbursement resolution and an official
intent of the City to reimburse expenditures with respect to the Project from the proceeds of tax-
exempt revenue bonds in accordance with the provisions of Treasury Regulations, Section 1.150-
2.
1.6.The Preliminary Resolution authorized the issuance of the Bonds for the purposes
of (i) financing 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 ÐProjectÑ); (ii) funding of one or more
reserve funds to secure the timely payment of the Bonds; (iii) payment of interest on the Bonds
during the rehabilitation of the Project; and (iv) payment of the costs of issuing the Bonds.
1.7.In accordance with the authority granted under the Preliminary Resolution, the
Mayor of the City and the City Manager (together, and with other officials of the City who execute
and deliver the Bonds and related documents, the ÐCity OfficialsÑ), and Kennedy & Graven,
Chartered, bond counsel to the City (ÐBond CounselÑ), in cooperation with the Borrower, submitted
an application for an allocation of bonding authority to MMB pursuant to Section 146 of the Code
and the requirements of the Allocation Act. The City received Certificate of Allocation No. 311,
dated August 7, 2017, from MMB allocating bonding authority of the State of Minnesota to the
City in the amount of $11,200,000, pursuant to the Allocation Act. In accordance with the
Allocation Act, the Bonds must be issued within one hundred twenty (120) days from the date of
the allocation (the ÐAllocation Expiration DateÑ).
1.8.The Borrower is seeking to extend certain existing deferred loans from Minnesota
Housing Finance Agency (ÐMHFAÑ) and to extend the Housing Assistance Payments Contracts
(the ÐHAP ContractsÑ) with respect to the Project. The Borrower has entered into negotiations with
MHFA and the United States Department of Housing and Urban Development (ÐHUDÑ), as
appropriate, for extension of the MHFA deferred loans and the HAP Contracts. The Borrower is
also preparing underwriting materials and information for submission to HUD in connection with
a first mortgage loan financing for the Project. The approvals for extension of the deferred MHFA
loans and the HAP Contracts and submission of underwriting materials to HUD are necessary to
issue the Bonds. These actions will not be complete prior to the Allocation Expiration Date.
1.9.In order to provide interim financing for the Project, the Borrower has requested
that the City issue its Multifamily Housing Revenue Note (Maple Pond Apartments Project), Series
2017 (the ÐNoteÑ), as multiple obligations or in one or more series, in the maximum principal
amount of $11,200,000. The Borrower has further proposed that Bridgewater Bank, or another
commercial lender selected by the Borrower (the ÐPurchaserÑ), purchase the Note.
1.10.The Note is expected to be issued on a temporary, short-term basis. The Bonds are
proposed to be issued as permanent financing for the Project within \[one year\] of the issuance of
the Note, at which time proceeds of the Bonds will refund the Note and finance the remaining costs
of the Project.
1.11.With respect to the Note, there have been presented before the Council (i) a form
of Loan Agreement (the ÐLoan AgreementÑ) proposed to be entered into between the City and the
Borrower, pursuant to which the City will loan the proceeds of the Note to the Borrower; (ii) a form
of Assignment of Loan Agreement (the ÐAssignmentÑ) proposed to be entered into between the
City and the Purchaser, pursuant to which the City will assign the repayments to be made under the
Loan Agreement to the Purchaser; (iii) a form of the Note; and (iv) a form of Regulatory Agreement
(the ÐRegulatory AgreementÑ) proposed to be entered into between the City, the Borrower, and the
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Purchaser, pursuant to which certain rental and occupancy restrictions will be imposed on the
Project. The Loan Agreement, the Assignment, and the Regulatory Agreement are hereinafter
collectively referred to as the ÐNote Financing Documents.Ñ
Section 2. Legal Authorization and Findings Î the Note.
2.1.The City acknowledges, finds, determines, and declares that the issuance
of the Note is authorized by the Housing Act and is consistent with the purposes of the
Housing Act and that the issuance of the Note,and the other actions of the City under the Loan
Agreement, the Assignment, and this resolution constitute a public purpose and are in the
interests of the City. In authorizing the issuance of the Note for the financing of the Project
and the related costs, the CityÓs purpose is and the effect thereof will be to promote the public
welfare of the City and its residents by providing multifamily housing developments for low
or moderate income residents of the City and otherwise furthering the purposes and policies
of the Housing Act.
2.2.For the purposes set forth above, there is hereby authorized the issuance,
sale, and delivery of the Note, as multiple obligations or in one or more series, in the maximum
principal amount of $11,200,000. The Note shall bear interest at the rate or rates, shall be
designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal
amount, shall be subject to redemption prior to maturity, shall be in such form, and shall have
such other terms, details, and provisions as are prescribed in the Note, substantially in the form
now on file with the City, with the amendments referenced herein. The City hereby authorizes
all or a portion of the Note to be issued as Ðtax-exempt bonds,Ñ the interest on which is not
includable in gross income for federal and State of Minnesota income tax purposes.
2.3.The Note and the interest on the Note (i) shall be payable solely from the
revenues pledged therefor under the Loan Agreement and additional sources of revenue
provided by or on behalf of the Borrower; (ii) shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to
a pecuniary liability of the City or a charge against its general credit or taxing powers;
(iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property
of the City other than the CityÓs interest in the Loan Agreement; and (v) shall not constitute a
general or moral obligation of the City.
2.4.The loan repayments to be made by the Borrower under the Loan
Agreement will be fixed so as to produce revenue sufficient to pay the principal of, premium,
if any, and interest on the Note when due. Such loan repayments will be assigned to the
Purchaser under the terms of the Assignment.
2.5.All of the provisions of the Note, when executed as authorized herein, shall
be deemed to be a part of this resolution as fully and to the same extent as if incorporated
verbatim herein and shall be in full force and effect from the date of execution and delivery
thereof. The Note shall be substantially in the form now on file with the City, which form is
hereby approved, with such necessary and appropriate variations, omissions, and insertions
(including changes to the aggregate principal amount of the Note, the stated maturity of the
Note, the interest rate or rates on the Note and the terms of redemption of the Note) as the City
Officials, in their discretion, shall determine. The execution of the Note with the manual or
facsimile signatures of the Mayor and the City Manager and the delivery of the Note by the
City shall be conclusive evidence of such determination.
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2.6.The Note shall be a special, limited revenue obligation of the City payable
solely from the revenues provided by the Borrower pursuant to the Loan Agreement and other
funds pledged to the payment of the Note. The Note shall not be payable from, nor charged
upon any funds other than the revenue pledged to their payment, nor shall the City be subject
to any liability thereon, except as otherwise provided in this paragraph. No owner of the Note
shall ever have the right to compel any exercise by the City of any taxing powers of the City
to pay the Note or the interest or premium thereon, or to enforce payment thereof against any
property of the City except the interests of the City in the Loan Agreement and the revenues
and assets thereunder, which will be assigned to the Purchaser. The Note shall recite that the
Note is issued pursuant to the Housing Act, and that the Note, including interest and premium,
if any, thereon, is payable solely from the revenues and assets pledged to the payment thereof,
and the Note shall not constitute a debt of the City within the meaning of any constitutional
or statutory limitations.
2.7.(a) The Finance Director of the City (the ÐFinance DirectorÑ) is appointed
note registrar for the Note. The City will cause to be kept at the office of the Finance Director
a Note Register in which, subject to such reasonable regulations as it may prescribe, the City
shall provide for the registration of transfers of ownership of the Note. The Note shall be
initially registered in the name of the Purchaser and shall be transferable upon the Note
Register for such Note by the holder thereof in person or by its agent duly authorized in
writing, upon surrender of such Note together with a written instrument of transfer satisfactory
to the Finance Director, duly executed by the then holder thereof or its duly authorized agent.
The City may require, as a precondition to any transfer, that the transferee provide evidence
satisfactory to the City that the transferee is a financial institution or other accredited investor
under the securities laws. The following form of assignment shall be sufficient for said
purpose.
For value received ___________ hereby sells, assigns and transfers unto
_______________ the attached Note of the City of Maplewood, Minnesota, and does
hereby irrevocably constitute and appoint ___________________ attorney to transfer said
Note on the books of said City, with full power of substitution in the premises. The
undersigned certifies that the transfer is made in accordance with the provisions of Sections
2.7(a) and 2.7(d) of the resolution authorizing the issuance of the Note.
Dated: _________________
Registered Owner
Upon such transfer the City Finance Director shall note the date of registration and the name and address
of the successor holder in the Note Register and in the registration blank appearing on the Note.
(b) In case the Note shall become mutilated or be destroyed or lost, the City shall, if not then
prohibited by law, cause to be executed and delivered a new Note of like outstanding principal amount,
number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu
of and in substitution for such Note destroyed or lost, upon the payment by the registered holder thereof of
the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed
or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the
mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its
terms it shall not be necessary to issue a new Note prior to payment.
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(c) The City may deem and treat the person in whose name the Note is last registered in the Note
Register and by notation on the Note, whether or not such Note shall be overdue, as the absolute owner of
such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price
or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the
contrary.
(d) The Note has been issued without registration under state or other securities laws, pursuant to
an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or
part, nor may a participation interest in the Note be given pursuant to any participation agreement, except
to a financial institution or other accredited investor and as an exempt security or as an exempt transaction
and in principal amounts of at least $100,000.
2.8.The City Officials are hereby authorized and directed to execute and
deliver the Loan Agreement and the Assignment. All of the provisions of the Loan Agreement
and Assignment, when executed and delivered as authorized herein, shall be deemed to be a
part of this resolution as fully and to the same extent as if incorporated verbatim herein and
shall be in full force and effect from the date of execution and delivery thereof. The Loan
Agreement and the Assignment shall be substantially in the forms on file with the City which
are hereby approved, with such omissions and insertions as do not materially change the
substance thereof, and as the City Officials, in their discretion, shall determine, and the
execution thereof by the City Officials shall be conclusive evidence of such determinations.
2.9.To ensure compliance with certain rental and occupancy restrictions
imposed by the Housing Act and Section 142(d) of the Code, and to ensure compliance with
certain restrictions imposed by the City, the City Officials are also hereby authorized and
directed to execute and deliver the Regulatory Agreement. All of the provisions of the
Regulatory Agreement, when executed and delivered as authorized herein, shall be deemed to
be a part of this resolution as fully and to the same extent as if incorporated verbatim herein
and shall be in full force and effect from the date of execution and delivery thereof. The
Regulatory Agreement shall be substantially in the form on file with the City which is hereby
approved, with such omissions and insertions as do not materially change the substance
thereof, or as the City Officials, in their discretion, shall determine, and the execution thereof
by the City Officials shall be conclusive evidence of such determination.
2.10.The Council authorizes the execution and delivery of any agreement
providing for the disbursement of proceeds of the Note and other funds by the Borrower and
the Purchaser. The Purchaser is authorized to accept the Assignment and any other mortgage
lien, security interest, guaranty, or other security provided by the Borrower in order to secure
payment of the Note and is hereby authorized to take all actions necessary or appropriate under
the terms of the Assignment or other security to ensure timely payment of the principal of,
premium, if any, and interest on the Note.
2.11.The Council authorizes the execution and delivery of the following closing
documents relating to the Note (collectively, the ÐClosing DocumentsÑ): (i) one or more
certificates of the City; (ii) an Information Return for Tax-Exempt Private Activity Bond
Issues, Form 8038; (iii) an endorsement to a tax certificate of the Borrower relating to
arbitrage, rebate, and other tax matters; and (iv) similar documents. All of the provisions of
the Note, the Note Financing Documents and the Closing Documents, when executed and
delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to
the same extent as if incorporated verbatim herein and shall be in full force and effect from
the date of execution and delivery thereof.
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2.12.The City hereby authorizes Bond Counsel to prepare, execute, and deliver
its approving legal opinions with respect to the Note and related matters.
2.13.Simultaneously with the execution and delivery of the Note Financing
Documents, there shall be delivered to the City the following: (i) an opinion of counsel to the
Borrower as to such matters as shall be required by the City and Bond Counsel; (ii) one or
more opinions of Bond Counsel as may be required by the City, the Purchaser, counsel to the
Purchaser, the Borrower, and counsel to the Borrower; and (iii) such other opinions,
instruments, and documents as the City may require as a condition to the issuance of the Note
and the other actions of the City authorized by this resolution.
Section 3. Additional Findings and Certifications.
3.1Except as otherwise provided in this resolution, all rights, powers, and privileges
conferred and duties and liabilities imposed upon the City or the Council by the provisions of this
resolution or of the aforementioned documents shall be exercised or performed by the City or by
such members of the Council, or such officers, Council, body or agency thereof as may be required
or authorized by law to exercise such powers and to perform such duties.
3.2No covenant, stipulation, obligation or agreement herein contained or contained in
the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or
agreement of any member of the Council, or any officer, agent or employee of the City in that
personÓs individual capacity, and neither the Council nor any officer or employee executing the
Note shall be personally liable on the Note or be subject to any personal liability or accountability
by reason of the issuance thereof.
3.3No provision, covenant or agreement contained in the aforementioned documents,
the Note, or in any other document relating to the Note, and no obligation therein or herein imposed
upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of
the City or any pecuniary liability of the City or any charge upon its general credit or taxing powers.
In making the agreements, provisions, covenants, and representations set forth in such documents,
the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues
derived from the Loan Agreement which are to be applied to the payment of the Note, as provided
therein.
3.4Except as herein otherwise expressly provided, nothing in this resolution or in the
aforementioned documents expressed or implied is intended or shall be construed to confer upon
any person or firm or corporation, other than the City, any holder of the Note issued under the
provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of
this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of
their provisions being intended to be and being for the sole and exclusive benefit of the City, and
any holder from time to time of the Note issued under the provisions of this resolution.
3.5In case any one or more of the provisions of this resolution, other than the
provisions contained in Section 2.6 hereof, or of the aforementioned documents, or of the Note
issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity
shall not affect any other provision of this resolution, or of the aforementioned documents, or of
the Note, but this resolution, the aforementioned documents, and the Note shall be construed and
endorsed as if such illegal or invalid provisions had not been contained therein.
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3.6The Note, when executed and delivered, shall contain a recital that it is issued
pursuant to the Housing Act, and such recital shall be conclusive evidence of the validity of the
Note and the regularity of the issuance thereof, and that all acts, conditions, and things required by
the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the
Note, and to the execution of the aforementioned documents to happen, exist, and be performed
precedent to the execution of the aforementioned documents have happened, exist, and have been
performed as so required by law.
3.7The officers of the City, Bond Counsel, other attorneys, engineers, and other agents
or employees of the City are hereby authorized to do all acts and things required of them by or in
connection with this resolution, the aforementioned documents, and the Note, for the full, punctual,
and complete performance of all the terms, covenants, and agreements contained in the Note, the
aforementioned documents, and this resolution. If for any reason the Mayor or the City Manager
is unable to execute and deliver the documents referred to in this resolution, such documents may
be executed by any member of the Council or any officer of the City delegated the duties of the
Mayor or the City Manager with the same force and effect as if such documents were executed and
delivered by the Mayor or the City Manager.
3.8The Borrower shall pay the administrative fee of the City equal to one percent (1%)
of the principal amount of the Note, not to exceed $28,600, payable on the date of issuance of the
Note. The Borrower will also pay, or, upon demand, reimburse the City for payment of, any and
all costs incurred by the City in connection with the Project and the issuance of the Note, whether
or not the Note is issued, including any costs for attorneysÓ fees.
3.9The Council hereby affirms its findings in the Preliminary Resolution. The Note
is authorized to be issued to provide, among other things, interim financing for the Project, and the
Bonds are authorized to be issued to provide, among other things, permanent financing for the
Project.
Section 4. Effective Date. This resolution shall take effect and be in full force from and after
its approval.
Adopted this 13th day of November, 2017.
_________________________________
Nora Slawik, Mayor
ATTEST:
________________________________
Melinda Coleman, City Manager
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J6, Attachment 1
STATE OF MINNESOTA )
)
COUNTY OF RAMSEY ) SS.
)
CITY OF MAPLEWOOD )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota
(the ÐCityÑ), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of
a regular meeting of the City Council held on November 13, 2017, with the original thereof on file in my office
and the same is a full, true and complete transcript therefrom insofar as the same relates to authorizing the
issuance, sale, and delivery of multifamily housing revenue obligations under Minnesota Statutes, Chapter
462C, as amended to finance an existing multifamily housing development located in the City; authorizing the
loan of the proceeds of the obligations to Maple Pond MDG Limited Partnership; and approving the forms of
and authorizing the execution and delivery of the obligations and related documents.
WITNESS My hand as Clerk and the corporate seal of the City this ____ day of November, 2017.
City Clerk
City of Maplewood, Minnesota
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J6, Attachment 2
REGULATORY AGREEMENT
among
CITY OF MAPLEWOOD, MINNESOTA,
as Issuer
MAPLE POND MDG LIMITED PARTNERSHIP,
as Borrower
and
BRIDGEWATER BANK,
as Purchaser
Dated as of December 1, 2017
Relating to:
$11,200,000
City of Maplewood, Minnesota
Multifamily Housing Revenue Note
(Maple Pond Apartments Project)
Series 2017
This instrument drafted by:
Kennedy & Graven, Chartered (SEL)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, Minnesota 55402
Packet Page Number 234 of 332
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TABLE OF CONTENTS
Page
PARTIES .................................................................................................................................................... 1
RECITALS ................................................................................................................................................. 1
Section 1. Definitions ........................................................................................................................ 2
Section 2. Representations by the Borrower ...................................................................................... 5
Section 3. Qualified Residential Rental Project ................................................................................. 6
Section 4. Low Income Tenants ........................................................................................................ 8
Section 5. Restrictions Imposed by Minnesota Statutes, Chapter 474A .......................................... 11
Section 6. Covenants Run with the Land ......................................................................................... 12
Section 7. Indemnification ............................................................................................................... 12
Section 8. Consideration .................................................................................................................. 12
Section 9. Reliance .......................................................................................................................... 13
Section 10. Sale or Transfer of the Project ........................................................................................ 13
Section 11. Term ................................................................................................................................ 13
Section 12. Burden and Benefit ......................................................................................................... 14
Section 13. Enforcement .................................................................................................................... 15
Section 14. The Purchaser and the Issuer .......................................................................................... 15
Section 15. Amendment ..................................................................................................................... 16
Section 16. Right of Access to the Project and Records .................................................................... 16
Section 17. No Conflict with Other Documents ................................................................................ 16
Section 18. Severability ..................................................................................................................... 16
Section 19. Notices ............................................................................................................................ 16
Section 20. Governing Law ............................................................................................................... 17
Section 21. Payment of Fees .............................................................................................................. 18
Section 22. Limited Liability ............................................................................................................. 18
Section 23. Actions of the Issuer ....................................................................................................... 18
Section 24. Counterparts .................................................................................................................... 18
Section 25. Recording and Filing ...................................................................................................... 15
SIGNATURES ........................................................................................................................................ S-1
EXHIBIT A Ï LEGAL DESCRIPTION OF PROPERTY ................................................................... A-1
EXHIBIT B Ï FORM OF TENANT INCOME CERTIFICATION ..................................................... B-1
EXHIBIT C Ï CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE .............................. C-1
-i-
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REGULATORY AGREEMENT
THIS REGULATORY AGREEMENT, dated as of December 1, 2017 (this Ð Regulatory
Agreement Ñ), is made and entered into among the City of Maplewood, Minnesota, a statutory city,
municipal corporation, and political subdivision duly organized and existing under the Constitution and
laws of the State of Minnesota (the Ð Issuer Ñ or the Ð City Ñ), Maple Pond MDG Limited Partnership, a
Minnesota limited partnership (the Ð Borrower Ñ), as the owner of the property described in EXHIBIT A
hereto (the Ð Land Ñ), and Bridgewater Bank, a Minnesota banking corporation (the Ð Purchaser Ñ).
RECITALS
The Issuer is authorized to issue tax-exempt bonds or other obligations to provide financing for
multifamily housing developments in accordance with the terms of Minnesota Statutes, Chapter 462C, as
amended (the Ð Act Ñ).
For the purpose of financing 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 Ð Project Ñ), the Issuer will issue its Multifamily
Housing Revenue Note (Maple Pond Apartments Project), Series 2017 (the Ð Note Ñ), in the original
aggregate principal amount of $11,200,000 pursuant to the terms of a Loan Agreement, dated as of
December 1, 2017 (the Ð Loan Agreement Ñ), between the Issuer and the Borrower, and Resolution No. 17-
11-___, adopted by the City Council of the City on November 13, 2017 (the Ð Resolution Ñ).
The Issuer will loan the proceeds derived from the sale of the Note to the Borrower pursuant to the
terms of the Loan Agreement, and the Borrower will apply such proceeds to finance the acquisition and
rehabilitation of the Project. The Issuer will assign its rights, title, and interest in and under the Loan
Agreement to the Purchaser (except for certain unassigned rights set forth in Section 7.9 thereof) pursuant
to an Assignment of Loan Agreement, dated as of December 1, 2017 (the Ð Assignment Ñ), between the
Issuer and the Purchaser.
The Issuer intends that interest on the Note be excluded from gross income of the owners of the
Note for purposes of federal and State of Minnesota income taxation. That exclusion is dependent in part
upon the use and operation of the Project and the uses of the proceeds of the Note complying with certain
sections of the Internal Revenue Code of 1986, as amended (the Ð Code Ñ), and the Treasury Regulations
promulgated thereunder or applicable to the Note (the Ð Regulations Ñ), including without limitation Section
142(d) of the Code.
Compliance with the requirements of the Code with respect to the use of the proceeds of the Note
and the use and occupancy of the Project are in large part within the control of the Borrower, and the Issuer
is unwilling to make the loan under the Loan Agreement to finance costs of the acquisition and rehabilitation
of the Project unless the Borrower enters into a Regulatory Agreement applicable to the Project, to assure
compliance with the Code and to preserve the exclusion of interest on the Note from gross income of the
owners thereof under the Code.
For good and valuable consideration, the Issuer, the Borrower, and the Purchaser have determined
to enter into this Regulatory Agreement in order to assure compliance with certain requirements of the Code
and of the Act applicable to the Project.
NOW, THEREFORE, the Borrower, the Purchaser, and the Issuer do hereby impose upon the
Project the following covenants, restrictions, charges, and easements, which shall run with the land and
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shall be binding and a burden upon the Project and all portions thereof, and upon any purchaser, grantee,
owner, or lessee of any portion of the Project and any other person or entity having any right, title, or interest
therein and upon the respective heirs, executors, administrators, devisees, successors, and assigns of any
purchaser, grantee, owner, or lessee of any portion of the Project and any other person or entity having any
right, title, or interest therein, for the length of time that this Regulatory Agreement shall be in full force
and effect:
Section 1. Definitions. Unless otherwise expressly provided herein or unless the context clearly
requires otherwise, the terms defined above shall have the meanings set forth above and the following terms
shall have the respective meanings set forth below for the purposes hereof. Capitalized terms used but not
defined herein shall have the meanings assigned to such terms in the Loan Agreement.
Ð Act Ñ means Minnesota Statutes, Chapter 462C, as amended.
Ð Adjusted Income Ñ means the adjusted income of a person (together with the adjusted income of
all persons of the age of 18 years or older who intend to reside with such person in one Dwelling Unit), as
calculated in the manner prescribed under Section 142(d)(2)(B) of the Code.
Ð Assignment Ñ means the Assignment of Loan Agreement, dated as of December 1, 2017, between
the Issuer and the Purchaser, as it may be amended and supplemented from time to time.
Ð Bond Counsel Ñ means Kennedy & Graven, Chartered, or any other attorney at law or firm of
attorneys, of nationally-recognized standing in matters pertaining to the federal tax exemption of interest
on bonds and other obligations issued by states and political subdivisions thereof, duly admitted to practice
law before the highest court of any state of the United States of America.
Ð Borrower Ñ means Maple Pond MDG Limited Partnership, a Minnesota limited partnership, and
its lawful successors and assigns to the extent permitted by the Loan Agreement.
Ð Certificate of Continuing Program Compliance Ñ means the document substantially in the form of
EXHIBIT C hereto.
Ð City” means the City of Maplewood, Minnesota, a statutory city, municipal corporation, and
political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota,
and its successors.
Ð Code Ñ means the Internal Revenue Code of 1986, as amended, and all applicable regulations
(whether proposed, temporary or final) under the Code and the statutory predecessor of the Code, and any
official rulings and judicial determinations under the foregoing applicable to the Note.
Ð County Ñ means Ramsey County in the State.
Ð Dwelling Units Ñ means the units of multifamily residential rental housing comprising the Project.
Ð Event of Default Ñ has the meaning specified in Section 13 hereof.
Ð Functionally Related and Subordinate Ñ shall mean and include facilities for use by tenants, for
example, laundry facilities, parking areas, and recreational facilities, provided that the same is of a character
and size commensurate with the character and size of the Project.
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Ð Housing Act Ñ means the United States Housing Act of 1937, as amended, codified as 42 U.S.C.
Sections 1401 et seq.
Ð Issuer Ñ means the City.
Ð Loan Ñ means the loan of the proceeds of the Note provided by the Issuer to the Borrower pursuant
to the Loan Agreement to provide financing for the Project.
Ð Loan Agreement Ñ means the Loan Agreement, dated as of December 1, 2017, between the Issuer
and the Borrower, as it may be amended and supplemented from time to time.
Ð Low Income Tenants Ñ means persons or families with Adjusted Income which does not exceed
sixty percent (60%) of the Median Income for the Area adjusted for household size. In no event will the
occupants of a unit be considered to be Low Income Tenants if all of such occupants are students (as defined
in Section 152(f)(2) of the Code), unless the unit is occupied:
(i) by an individual who is (A) a student and receiving assistance under Title IV of
the Social Security Act, (B) a student who was previously under the care and placement
responsibility of the State agency responsible for administering a plan under Part B or Part E of
Title IV of the Social Security Act, or (C) enrolled in a job training program receiving assistance
under the Job Training Partnership Act or under other similar federal, State, or local laws; or
(ii) entirely by full-time students if such students are (A) single parents and their
children and such parents are not dependents (as defined in Section 152 of the Code, determined
without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of another individual and such
children are not dependents (as defined in Section 152 of the Code, determined without regard to
subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of another individual other than a parent of such
children, or (B) married and entitled to file a joint return.
Ð Low Income Units Ñ means the Dwelling Units in the Project designated for occupancy by Low
Income Tenants pursuant to Section 4(a) of this Regulatory Agreement.
Ð Median Income for the Area Ñ means the median yearly income for households of an applicable
size in the applicable Primary Metropolitan Statistical Area as most recently determined by the Secretary
of Housing and Urban Development under Section 8(f)(3) of the Housing Act, or, if such figures are no
longer available, the method of calculation is substantially altered, or the programs under Section 8(f) are
terminated, the Issuer shall provide the Borrower with another income determination that is reasonably
similar to the method used by the Secretary prior to such termination.
Ð Note Ñ means the IssuerÓs Multifamily Housing Revenue Note (Maple Pond Apartments Project),
Series 2017, issued in the original aggregate principal amount of $11,200,000.
“Project” has the meaning assigned to such term in the recitals to this Regulatory Agreement.
Ð Purchaser Ñ means Bridgewater Bank, a Minnesota banking corporation, or any successor or
assign.
Ð Qualified Project Period Ñ means the period beginning on the later of the date of issuance of the
Note and the first day on which ten percent (10%) of the Dwelling Units in the Project are occupied and
ending on the latest of:
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(i) the date which is fifteen (15) years after the date on which fifty percent (50%) of
the Dwelling Units in the Project are occupied;
(ii) the first day on which no tax-exempt private activity bond issued with respect to
the Project is outstanding; or
(iii) the date on which any assistance provided with respect to the Project under Section
8 of the United States Housing Act of 1937 terminates.
Ð Regulatory Agreement Ñ means this Regulatory Agreement, dated as of December 1, 2017,
between the Issuer, the Borrower, and the Purchaser, together with any amendments or supplements hereto.
“Resolution” means Resolution No. 17-11-___, adopted by the City Council of the City on
November 13, 2017, authorizing the issuance and delivery of the Note.
Ð Section 474A Penalty Ñ means the penalty described in Minnesota Statutes, Section 474A.047,
subdivision 3, as applied to the Project.
“State” means the State of Minnesota.
Ð Treasury Regulations Ñ means the regulations promulgated or proposed by the Department of the
Treasury pursuant to the Code from time to time or pursuant to any predecessor statute to the Code.
Unless the context clearly requires otherwise, as used in this Regulatory Agreement words of the
masculine, feminine or neuter gender shall be construed to include each other gender when appropriate, and
words of the singular number shall be construed to include the plural number, and vice versa, when
appropriate. This Regulatory Agreement and all of the terms and provisions hereof shall be construed to
effectuate the purposes set forth herein and to sustain the validity hereof.
Section 2. Representations by the Borrower. The Borrower covenants, represents, and warrants
that:
(a) The Borrower is a limited partnership organized and existing under the laws of the State.
The Borrower is in good standing in the State and has duly authorized, by proper action, the execution and
delivery of this Regulatory Agreement. The Borrower is duly authorized by the laws of the State to transact
business in the State and to perform all of its duties hereunder.
(b) Neither the execution and delivery of this Regulatory Agreement or any other document in
connection with the financing of the Project, the consummation of the transactions contemplated hereby
and thereby nor the fulfillment of or compliance with the terms and conditions hereof and thereof conflicts
with or results in a breach of any of the terms, conditions, or provisions of any agreement or instrument to
which the Borrower is now a party or by which it is bound or constitutes a default (with due notice or the
passage of time or both) under any of the foregoing or results in the creation or imposition of any prohibited
lien, charge, or encumbrance whatsoever upon any of the property or assets of the Borrower under the terms
of any instrument or agreement to which the Borrower is now a party or by which it is bound.
(c) The execution, delivery, and performance of this Regulatory Agreement and all other
documents to be delivered by the Borrower in connection with the consummation of the transactions
contemplated hereby will not conflict with, or constitute a breach of or default under, any indenture,
mortgage, deed of trust, lease, commitment, agreement, or other instrument or obligation to which the
Borrower is a party or by which the Borrower or any of its property is bound, or under any law, rule,
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regulation, judgment, order, or decree to which the Borrower is subject or by which the Borrower or any of
its property is bound.
(d) To the best of the BorrowerÓs knowledge, there is no action, suit, proceeding, inquiry, or
investigation by or before any governmental agency, public board, or body pending or threatened against
the Borrower (nor to the best of its knowledge is there any basis therefor), which:
(i) affects or seeks to enjoin, prohibit, or restrain the issuance, sale, or delivery of the
Note or the use of the proceeds of the Note to finance the acquisition and rehabilitation of the
Project or the execution and delivery of this Regulatory Agreement,
(ii) affects or questions the validity or enforceability of the Note or this Regulatory
Agreement,
(iii) questions the tax-exempt status of the Note, or
(iv) questions the power or authority of the Borrower to own, acquire, rehabilitate, or
operate the Project or to execute, deliver, or perform the BorrowerÓs obligations under this
Regulatory Agreement.
(e) The Project will be located wholly within the boundaries of the City.
(f) As of the date on which the Note is executed and delivered to the Purchaser, the Borrower
has entered into an agreement to purchase the Land and prior to any advance from the Project Fund will
have title to the Land sufficient to carry out the purposes of this Regulatory Agreement, and the Borrower
will not transfer its interest in the Land, except as otherwise permitted by this Regulatory Agreement.
(g) The Project consists and will consist of those facilities described herein, which generally
are described as a residential apartment building and related facilities situated on the real property described
in EXHIBIT A hereto. The Borrower shall make no changes to the Project or to the operation thereof which
would affect the qualification of the Project under the Act or impair the exemption from federal income
taxation of the interest on the Note. The Borrower will utilize and operate the Project as a multifamily
rental housing project during the term of the Note in accordance with all applicable federal, State, and local
laws, rules, and regulations applicable to the Project.
(h) The Borrower has obtained, or will obtain on or before the date required therefor, all
necessary certificates, approvals, permits, and authorizations with respect to the operation of the Project.
(i) The Borrower does not currently own and does not intend to own the Note. The Borrower
acknowledges and understands that if the Borrower or a Ðsubstantial userÑ of the Project financed with the
proceeds of the Note or a Ðrelated person,Ñ as those terms are employed in Section 147(a) of the Code, owns
the Note, or any portion thereof, interest on the Note during such period of ownership will not be excludable
from gross income for federal income tax purposes.
(j) The Borrower does not own any buildings or structures which are proximate to the Project
other than those buildings or structures which comprise the Project, which are being financed pursuant to a
common plan under which the Project, is also being financed.
(k) The statements made in the various certificates delivered by the Borrower to the Issuer or
the Purchaser on the date of issuance of the Note are true and correct.
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Section 3. Qualified Residential Rental Project. The Borrower shall acquire, rehabilitate, own,
manage, and operate the Project as a Ðqualified residential rental project,Ñ as such phrase is utilized in
Section 142(d) of the Code, on a continuous basis during the Qualified Project Period. To that end, the
Borrower hereby represents, warrants, and covenants as follows:
(a) that a qualified residential rental project will be acquired and rehabilitated on the property
described in EXHIBIT A hereto, and the Borrower shall own, manage and operate the Project as a qualified
residential rental project containing Dwelling Units and facilities Functionally Related and Subordinate to
such Dwelling Units, in accordance with Section 142(a)(7) and Section 142(d) of the Code and all
applicable Treasury Regulations promulgated thereunder, as the same may be amended from time to time;
(b) that all of the Dwelling Units of the Project will be similarly rehabilitated and each
Dwelling Unit in the Project will contain complete facilities for living, sleeping, eating, cooking, and
sanitation for a single person or a family;
(c) that:
(i) none of the Dwelling Units in the Project shall at any time in the future be utilized
on a transient basis;
(ii) that none of the Dwelling Units in the Project shall at any time in the future be
leased or rented for a period of less than thirty (30) days; and
(iii) that neither the Project nor any portion thereof shall be used as a hotel, motel,
dormitory, fraternity house, sorority house, rooming house, hospital, nursing home, sanitarium, rest
home, or trailer park or trailer court for use on a transient basis, or by a cooperative housing
corporation (as defined in Section 216(b)(1) of the Code);
(d) that once available for occupancy:
(i) each Dwelling Unit in the Project must be rented or available for rental on a
continuous basis to members of the general public during the Qualified Project Period; and
(ii) the Borrower shall not give preference in renting Dwelling Units in the Project to
any particular class or group of persons, other than Low Income Tenants as provided herein or as
otherwise permitted by law;
(e) that the Dwelling Units in the Project shall be leased and rented to members of the general
public in compliance with this Regulatory Agreement, except for any Dwelling Unit for a resident manager
or maintenance personnel;
(f) that the Project consists of one or more discrete edifices and other man-made construction,
each consisting of an independent foundation, outer walls and roof, all of which will be (i) owned by the
same person for federal tax purposes, (ii) located on a common tract of land or two or more parcels of land
which are contiguous except for being separated only by a road, street, stream, or a similar property and
(iii) financed by the Loan or otherwise pursuant to a common plan of financing, and which consists entirely
of:
(i) units which are similar in quality and type of construction and amenities; and
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(ii) property Functionally Related and Subordinate in purpose and size to the Project,
e.g., parking areas, laundries, swimming pools, tennis courts, and other recreational facilities (none
of which may be unavailable to any person because such person is a Low Income Tenant) and other
facilities which are reasonably required for the Project, e.g., heating and cooling equipment, trash
disposal equipment, or units for residential managers or maintenance personnel;
(g) that no portion of the Project shall be used to provide any health club facility, any facility
primarily used for gambling, or any store the principal business of which is the sale of alcoholic beverages
for consumption off premises;
(h) that the Project shall not include a Dwelling Unit in a building where all Dwelling Units in
such building are not also included in the Project;
(i) that the Borrower shall not convert the Project to condominium or cooperative ownership;
(j) that no Dwelling Unit in the Project shall be occupied by the Borrower (or any person
related to the Borrower within the meaning of Section 147(a)(2) of the Code) at any time unless such person
resides in a Dwelling Unit in a building or structure which contains at least five Dwelling Units and unless
the resident of such Dwelling Unit is a resident manager or other necessary employee (e.g., maintenance
and security personnel);
(k) that the Note will not be Ðfederally guaranteed,Ñ as defined in Section 149(b) of the Code;
(l) that the Project shall at all times be used and operated as a Ðmultifamily housing
development,Ñ as defined in the Act; and
(m) that the Borrower shall not discriminate on the basis of race, creed, color, sex, sexual
preference, source of income (e.g., AFDC or SSI), physical disability, national origin, or marital status in
the rental, lease, use, or occupancy of the Project or in connection with the employment or application for
employment of persons for the operation and management of the Project.
Section 4. Low Income Tenants. Pursuant to the requirements of the Act and Section 142(d) of
the Code, the Borrower hereby represents, warrants, and covenants as follows:
(a) Upon completion of the Project, at least forty percent (40%) of the units in the Project will
be occupied or held for occupancy by Low Income Tenants. Throughout the Qualified Project Period, not
less than forty percent (40%) of the completed units in the Project shall be continuously occupied or held
for occupancy by Low Income Tenants. The Borrower will designate the Low Income Units and will make
any revisions to such designations as necessary to comply with the applicable provisions of the Code and
the Treasury Regulations. As set forth in paragraph (e) below, the Borrower shall advise the Issuer and the
Purchaser by delivery of a certificate in writing of the status of the occupancy of the Project with respect to
Low Income Tenants on an annual basis for the term of this Regulatory Agreement. An Annual
Certification of a Residential Rental Project, Form 8703 (Rev. September 2013), or successor form, shall
be prepared annually by the Borrower and filed with the United States Secretary of the Treasury pursuant
to Section 142(d)(7) of the Code (currently with the Internal Revenue Service Center, Ogden, Utah 84201),
with a copy to be filed by the Borrower with the Issuer and the Purchaser. The percentage of units is
measured by number of units, and not square footage of units.
For purposes of satisfying the occupancy requirements set forth above, a unit occupied by a person
or family who at the commencement of their occupancy qualified as a Low Income Tenant shall be treated
as occupied by a Low Income Tenant until such time as any re-certification of such tenantÓs income in
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accordance with subsections (c) and (h) below demonstrates that such tenantÓs income exceeds 140 percent
of the income limitation applicable to Low Income Tenants or the tenant vacates the unit.
A unit occupied by a Low Income Tenant shall be deemed, upon the termination of such tenantÓs
occupancy, to be continuously occupied by a Low Income Tenant until reoccupied, other than for a
temporary period (not to exceed sixty (60) days), at which time the character of the unit shall be
redetermined.
(b) The Borrower will notify the Issuer on an annual basis of any vacancy of any Low Income
Units.
(c) The Borrower will obtain, complete, and maintain on file income certifications from each
Low Income Tenant, obtained immediately prior to the initial occupancy of such tenant in the Project, and
thereafter re-obtain in any year in which a unit in the Project is occupied by a new resident whose income
exceeds the applicable income limit, income certifications (based upon their then current income), from
each Low Income Tenant, substantially in the form of the income certification set forth in EXHIBIT B
hereto or another form approved by Bond Counsel (the ÐIncome CertificationÑ) and will provide such
additional information as may be required by Section 142(d) of the Code, as the same may be amended
from time to time, or in such other form and manner as may be required by applicable rules, rulings, policies,
procedures, Treasury Regulations now or hereafter promulgated, proposed or made by the Department of
the Treasury or the Internal Revenue Service applicable to the Note. Such Income Certification shall be
obtained prior to initial occupancy. If requested by the Purchaser or Issuer, a copy of such Income
Certification shall be filed with the Purchaser and the Issuer prior to occupancy by the tenant whenever
possible but in no event more than one month after initial occupancy by the tenant. A copy of each re-
certification of income shall be attached to each report filed with the Issuer and the Purchaser pursuant to
Section 4(a) above. The Borrower shall make a good-faith effort to verify that the income reported by an
applicant in an income certification is accurate by taking at least one of the following steps as a part of the
verification process: (1) obtain a pay stub for the most recent pay period, (2) obtain an income tax return
for the most recent tax year, (3) conduct a credit or similar search, (4) obtain an income verification form
from the applicantÓs current employer, (5) obtain an income verification form from the Social Security
Administration if the applicant receives assistance from such agency, or (6) if the applicant is unemployed
and has no such tax return, obtain another form of independent verification. If the Low Income Tenant is
a Section 8 Certificate Holder, the Borrower shall retain a copy of the certificate or voucher for verification
of income in lieu of an income verification.
The Borrower understands that failure to file the Annual Certification of a Residential Rental
Project, Form 8703 (Rev. September 2013), or successor form, as required by Section 142(d)(7) of the Code
at the times stated therein may subject it to the penalty described in Section 6652(j) of the Code.
(d) The Borrower will maintain complete and accurate records pertaining to the Low Income
Units and will permit, upon reasonable prior notice, any duly authorized representative of the Issuer, the
Purchaser, the Department of the Treasury, or the Internal Revenue Service to inspect the books and records
of the Borrower pertaining to the Project, including those records pertaining to the occupancy of the Low
Income Units. This section is not intended to create any additional duties to inspect records.
(e) The Borrower will prepare and submit to the Issuer and the Purchaser, on or before
January 1 of each year during the Qualified Project Period, beginning the first January 1 following
commencement of the Qualified Project Period, a Continuing Program Compliance Certificate in the form
of EXHIBIT C attached hereto and executed by the Borrower, and, if requested by the Purchaser or the
Issuer, the Income Certifications described in Section 4(c) above.
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(f) The Borrower, upon becoming aware of an Event of Default, will notify the Issuer and the
Purchaser, in writing, of the occurrence of any such Event of Default hereunder or any event which, with
the passage of time or service of notice, or both, would constitute an Event of Default hereunder, specifying
the nature and period of existence of such event and the actions being taken or proposed to be taken with
respect thereto. Such notice shall be given promptly and in no event longer than ten (10) Business Days
after the Borrower receives notice or gains knowledge of the occurrence of any such event. The Borrower
further agrees that it will give prompt written notice to the Purchaser if insurance proceeds or condemnation
awards are received with respect to the Project and are not used to repair or replace the Project, which notice
shall state the amount of such proceeds or award.
(i) Except as provided in clause (ii) below, the Borrower shall accept as tenants on the
same basis as all other prospective tenants Low Income Tenants who are recipients of federal
certificates for rent subsidies pursuant to the existing program under Section 8 of the Housing Act
or its successor and shall not apply selection criteria to Section 8 certificate/voucher holders that
are more burdensome than the criteria applied to all other prospective tenants.
(ii) The Borrower agrees to modify the leases for units in the Project as necessary to
allow the rental of Low Income Units to Section 8 certificate/voucher holders.
(g) Each lease pertaining to a Low Income Unit shall contain a provision to the effect that the
Borrower has relied on the income certification and supporting information supplied by the Low Income
Tenant in determining qualification for occupancy of the Low Income Unit and that any material
misstatement in such certification (whether or not intentional) will be cause for immediate termination of
such lease.
(h) Throughout the Qualified Project Period, the Borrower shall re-certify each Low Income
TenantÓs income on or before the anniversary of the Low Income TenantÓs tenancy, in any year in which a
unit in the Project is occupied by a new resident whose income exceeds the applicable income limit, by
obtaining a completed Income Certification. In the event the re-certification demonstrates that any such
tenantÓs household income exceeds 140 percentof the applicable income limit, the Borrower shall hold the
next available unit or units of comparable or smaller size in the Project available for rental by new Low
Income Tenants.
The Borrower in its sole discretion may notify, in writing, each tenant who is no longer a Low
Income Tenant of such fact, and that the rent of such tenant(s) is subject to increase thirty (30) days after
receipt of such notice. The Borrower shall be entitled to so increase any such tenantÓs rent only if Borrower
complies with any law applicable thereto and only after the Borrower has rented the next available unit or
units in the Project on a one-for-one basis to a Low Income Tenant, or holds units vacant and available for
occupancy by Low Income Tenants.
The Borrower agrees to inform all prospective Low Income Tenants of the requirements for re-
certification of income and of the provisions of the preceding paragraph.
Section 5. Restrictions Imposed by Minnesota Statutes, Chapter 474A. Because the Note is
issued by the Issuer as a residential rental project bond, as defined in Minnesota Statutes, Chapter 474A, as
amended (ÐChapter 474AÑ), and has received an allocation of tax-exempt bonding authority pursuant to
applicable provisions of Chapter 474A, the restrictions imposed by Chapter 474A apply to the Project as
described below.
(a) In addition to any other restrictions on rent or the income of tenants set forth in this
Regulatory Agreement, during the Qualified Project Period, the Borrower shall restrict rents on at least
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twenty percent (20%) of the units in the Project (which may consist of the same units as meet the
requirements of Section 4) to an amount not exceeding the area fair market rents or exception fair market
rents, as applicable, for existing housing as established by the federal Department of Housing and Urban
Development from time to time, which units shall be occupied, or held for occupancy, by Low Income
Tenants. The rental rates of units in a residential rental project for which rental assistance payments are
made are deemed to be within the rent limitations of this clause if the amount paid by the tenants is less
than the fair market rents.
(b) The annual certifications required to be made by the Borrower hereunder shall conform to
the requirements of Section 474A.047, subdivision 3, and the Issuer shall have the authority to impose upon
the Borrower any and all penalties described in Section 474A.047, subdivision 3, from time to time, in
addition to any remedies otherwise available under this Regulatory Agreement.
(c) The Borrower must satisfy the requirements of Section 474A.047, subdivision 1(a), during
the Qualified Project Period. The Borrower must annually certify to the Issuer over the term of this
Regulatory Agreement that the rental rates for the rent-restricted units are within the limitations under
Section 474A.047, subdivision 1(a), of Chapter 474A. The Issuer may request individual certification of
the income of residents of the income-restricted units. The Commissioner of Minnesota Management and
Budget may request from the Issuer a copy of the annual certification prepared by the Borrower. The
Commissioner of Minnesota Management and Budget may require the Issuer to request individual
certification of all residents of the income-restricted units.
Section 6. Covenants Run with the Land. The Borrower hereby declares its express intent that
the covenants, restrictions, charges, and easements set forth herein shall be deemed covenants running with
the Land and shall, except as otherwise provided in this Regulatory Agreement, pass to and be binding upon
the BorrowerÓs successors in title including any purchaser, grantee, owner, or lessee of any portion of the
Project and any other person or entity having any right, title, or interest therein and upon the respective
heirs, executors, administrators, devisees, successors, and assigns of any purchaser, grantee, owner, or
lessee of any portion of the Project and any other person or entity having any right, title, or interest therein.
Except as otherwise provided in this Regulatory Agreement, each and every contract, deed, or other
instrument hereafter executed covering or conveying the Project or any portion thereof or interest therein
shall contain an express provision making such conveyance subject to the covenants, restrictions, charges,
and easements contained herein; provided, however, that any such contract, deed, or other instrument shall
conclusively be held to have been executed, delivered, and accepted subject to such covenants, regardless
of whether or not such covenants are set forth or incorporated by reference in such contract, deed, or other
instrument.
Section 7. Indemnification. The Borrower hereby covenants and agrees that it shall indemnify
and hold harmless the Issuer and its officers, agents, and employees (the ÐIndemnified PartiesÑ) and the
Purchaser and its officers, agents members, directors, officials, and employees as provided in the Loan
Agreement. All provisions of the Loan Agreement relating to indemnification are incorporated by reference
herein and are considered provisions of this Regulatory Agreement, as if expressly set out herein.
Section 8. Consideration. The Issuer has issued the Note in part to provide funds to make the
Loan to finance the acquisition and rehabilitation of the Project all for the purpose, among others, of
inducing the Borrower to acquire, rehabilitate and operate the Project. In consideration of the issuance of
the Note by the Issuer, the Borrower has entered into this Regulatory Agreement and has agreed to restrict
the uses to which the Project can be put on the terms and conditions set forth herein.
Section 9. Reliance. The Issuer and the Borrower hereby recognize and agree that the
representations and covenants set forth herein may be relied upon by all persons interested in the legality
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and validity of the Note and in the exemption from federal income taxation of the interest on the Note. In
performing their duties and obligations hereunder, the Issuer and the Purchaser may rely upon statements
and certificates of the Borrower and the tenants and upon audits of the books and records of the Borrower
pertaining to the Project. In addition, the Issuer and the Purchaser may consult with counsel, and the written
opinion of such counsel shall be full and complete authorization and protection in respect of any action
taken or suffered by the Issuer or the Purchaser hereunder in good faith and in conformity with such written
opinion. A copy of any such opinion shall be furnished by the Issuer or the Purchaser to the Borrower upon
written request. In determining whether any default or lack of compliance by the Borrower exists under
this Regulatory Agreement, the Purchaser shall not be required to conduct any investigation into or review
of the operations or records of the Borrower and may rely solely on any notice or certificate delivered to
the Purchaser by the Borrower or the Issuer with respect to the occurrence or absence of a default unless it
knows, or in the exercise of reasonable care should have known, that the notice or certificate is erroneous
or misleading.
The Purchaser shall be under no duty to make any investigation or inquiry as to any statements or
other matters contained or referred to in any documents or any instruments delivered to it in accordance
with this Regulatory Agreement, but it may receive and accept the same as conclusive evidence of the truth
and accuracy of such statements.
Section 10. Sale or Transfer of the Project. The Borrower hereby covenants and agrees not to
sell, transfer, or otherwise dispose of the Project, or any portion thereof, except as permitted under the terms
of the Loan Agreement. Any attempted sale, transfer, or disposition which would cause or result in the
violation of any of these covenants, provisions, reservations, restrictions, charges, or easements shall be
null and void ab initio and of no force and effect. Nothing herein shall prohibit the transfer, sale, or
assignment of the interests in the Borrower or any direct or indirect ownership interests in the BorrowerÓs
partners.
Section 11. Term. This Regulatory Agreement and the terms hereof shall become effective upon
its execution and delivery and shall remain in full force and effect for a term and period equal to the
Qualified Project Period, it being expressly agreed and understood that the provisions hereof are intended
to survive the retirement of the Note and termination of the Loan Agreement and the Loan if the Qualified
Project Period has not expired at the time of such retirement and expiration. Notwithstanding anything in
this Regulatory Agreement to the contrary:
(a) The Project may be transferred pursuant to a foreclosure, exercise of power of sale,
or deed in lieu of foreclosure, or comparable proceedings under a mortgage or similar instrument
without the consent of or fee of any kind payable to the Issuer or compliance with the provisions
of this Regulatory Agreement. In connection with any such foreclosure, deed in lieu of foreclosure,
or other proceedings, this Regulatory Agreement may, at the option of the Purchaser, be terminated
upon completion of the foreclosure and expiration of the applicable redemption period, or recording
of a deed in lieu of foreclosure.
(b) The requirements of this Regulatory Agreement shall terminate and be of no
further force and effect in the event of involuntary noncompliance with the provisions of this
Regulatory Agreement caused by fire or other casualty, seizure, requisition, foreclosure, transfer of
title by deed in lieu of foreclosure, change in a federal law, or an action of a federal agency after
the date of this Regulatory Agreement, which prevents the Issuer and the Purchaser from enforcing
such provisions, or condemnation or a similar event, but only if, within a reasonable period, either
the Note is retired or amounts received as a consequence of such event are used to provide a project
that meets the requirements hereof (this shall be deemed met if the Note has been previously
retired); provided, however, that the preceding provisions of this sentence shall cease to apply and
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the restrictions contained herein shall be reinstated if, at any time subsequent to the termination of
such provisions as the result of the foreclosure, or the delivery of a deed in lieu of foreclosure, or a
similar event, the Borrower or any related person (within the meaning of Section 1.103-10(e) of
the Treasury Regulations) obtains an ownership interest in the Project for federal income tax
purposes. The Borrower hereby agrees that, following any foreclosure, transfer of title by deed in
lieu of foreclosure, or similar event, neither the Borrower nor any such related person as described
above will obtain an ownership interest in the Project for federal tax purposes.
(c) This Regulatory Agreement, or any of the provisions or sections hereof, may be
terminated upon agreement by the Issuer and the Borrower, and if the Note is then outstanding, the
Purchaser, upon receipt of an opinion of Bond Counsel to the effect that such termination will not
cause interest on the Note to become included in gross income for federal income tax purposes or
cause interest on the Note to become included in the net taxable income of individuals, trusts, and
estates for State income tax purposes.
Upon the termination of the terms of this Regulatory Agreement, the parties hereto agree to execute,
deliver, and record appropriate instruments of release and discharge of the terms hereof; provided, however,
that the execution and delivery of such instruments shall not be necessary or a prerequisite to the termination
of this Regulatory Agreement in accordance with its terms.
Section 12. Burden and Benefit. The Issuer and the Borrower hereby declare their understanding
and intent that the burden of the covenants set forth herein touch and concern the Land in that the
BorrowerÓs legal interest in the Project is rendered less valuable thereby. The Issuer and the Borrower
hereby further declare their understanding and intent that the benefit of such covenants touch and concern
the Land by enhancing and increasing the enjoyment and use of the Project by Low Income Tenants, the
intended beneficiaries of such covenants, reservations, and restrictions, and by furthering the public
purposes for which the Note was issued. Notwithstanding the foregoing, the Low Income Tenants are not
intended to be third-party beneficiaries of this Regulatory Agreement and shall have no rights to enforce
any provision herein.
Section 13. Enforcement. If the Borrower defaults in the performance or observance of any
covenant, agreement, or obligation of the Borrower set forth in this Regulatory Agreement, and if such
default remains uncured for a period of sixty (60) days after written notice thereof shall have been given by
the Issuer or the Purchaser to the Borrower, then the Issuer or the Purchaser, acting on its own behalf or on
behalf of the Issuer, may declare an ÐEvent of DefaultÑ to have occurred hereunder and, at its option, may
take any one or more of the following steps:
(a) by mandamus or other suit, action, or proceeding at law or in equity require the
Borrower to perform its obligations and covenants hereunder or enjoin any acts or things which
may be unlawful or in violation of the rights of the Issuer or the Purchaser hereunder;
(b) have access to and inspect, examine, and make copies of all the books and records
of the Borrower pertaining to the Project;
(c) take such other action at law or in equity as may appear necessary or desirable to
enforce the obligations, covenants, and agreements of the Borrower hereunder; or
(d) with the PurchaserÓs consent, declare a default under the Loan, accelerate the
indebtedness evidenced by the Loan, and proceed to redeem the Note in accordance with its terms.
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Notwithstanding anything to the contrary contained herein, the Issuer and the Purchaser hereby agree that
any cure of any default made or tendered by one or more of the BorrowerÓs partners or by the Purchaser
shall be deemed to be a cure by Borrower and shall be accepted or rejected on the same basis as if made or
tendered by Borrower.
The Purchaser shall have the right (but not the obligation), in accordance with this Section 13,
without the consent or approval of the Issuer, to exercise any or all of the rights or remedies of the Issuer
hereunder, provided that prior to taking any such act the Purchaser shall give the Issuer written notice of its
intended action. All fees, costs, and expenses of the Purchaser or the Issuer incurred in taking any action
pursuant to this Section 13 shall be the sole responsibility of the Borrower and shall be paid to the Purchaser
or the Issuer, as the case may be, on demand.
After the Note has been discharged, the Issuer may act on its own behalf to declare an ÐEvent of
DefaultÑ to have occurred and to take any one or more of the steps specified hereinabove to the same extent
and with the same effect as if taken by the Purchaser.
Section 14. The Purchaser and the Issuer. The Purchaser, in its discretion, may act as the agent
of and on behalf of the Issuer where requested by the Issuer to do so. The Purchaser is entering into this
Regulatory Agreement in its capacity as the purchaser of the Note. The Issuer may, at all times, assume
the BorrowerÓs compliance with this Regulatory Agreement unless otherwise notified in writing by the
Purchaser (but the Purchaser shall have no obligation to so notify the Issuer), or unless the Issuer has actual
knowledge of noncompliance. The Purchaser can rely on the accuracy of any certificates, instruments,
opinions, or reports delivered to it by the Borrower. If the Note is discharged and terminated prior to the
expiration of the Qualified Project Period: (i) all obligations, rights, and duties of the Purchaser under this
Regulatory Agreement will terminate and be of no further force and effect; (ii) all actions required by the
Purchaser will instead be undertaken by the Issuer; and (iii) all notices to be delivered to the Purchaser will
instead be delivered to the Issuer and all notices to be delivered by the Purchaser will instead be delivered
by the Issuer.
Section 15. Amendment. The provisions hereof shall not be amended or revised prior to the stated
term hereof except by an instrument in writing duly executed by the Issuer, the Purchaser (so long as the
Note is outstanding), and the Borrower and duly recorded in the same manner as this Regulatory Agreement.
The IssuerÓs and the PurchaserÓs consent to any such amendment or revision (whether or not the Note shall
then be outstanding) shall be given only upon receipt of an opinion of Bond Counsel addressed to the Issuer
and Purchaser that such amendment or revision will not adversely affect the exemption from federal income
taxation of interest on the Note. Neither the Issuer nor the Purchaser shall have a duty to prepare any such
consent, amendment, or revision.
Section 16. Right of Access to the Project and Records. The Borrower agrees that during the
term of this Regulatory Agreement, the Issuer, the Purchaser and the duly authorized agents of either of
them shall have the right at all reasonable times, and upon reasonable notice of at least twenty-four (24)
hours, to enter upon the site of the Project during normal business hours to examine and inspect the Project
and to have access to the books and records of the Borrower with respect to the Project, a copy of which
shall be maintained at the site of the Project.
Section 17. No Conflict with Other Documents. The Borrower warrants that it has not executed
and will not execute any other agreement with provisions contradictory to, or in opposition to, the
provisions hereof.
Section 18. Severability. The invalidity of any clause, part, or provision of this Regulatory
Agreement shall not affect the validity of the remaining portions thereof.
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Section 19. Notices. All notices to be given pursuant to this Regulatory Agreement shall be in
writing and shall be deemed given when sent by unsecured e-mail, facsimile transmission or other similar
unsecured electronic methods or when mailed by certified or registered mail, return receipt requested, to
the parties hereto at the addresses set forth below, or to such other place as a party may from time to time
designate in writing:
To the Issuer: CITY OF MAPLEWOOD, MINNESOTA
1830 County Road B East
Maplewood, Minnesota 55109-2702
Attn: Ellen Paulseth, Finance Director
Email: ellen.paulseth@maplewoodmn.gov
Facsimile: (651) 249-2909
To the Borrower: MAPLE POND MDG LIMITED PARTNERSHIP
c/o METIS Investments
4725 Excelsior Boulevard, Suite 510
Minneapolis, Minnesota 55416
Attn: _________________
Email: _________________
Facsimile: (952) 922-8351
With a copy to: WINTHROP & WEINSTINE, P.A.
Capella Tower, Suite 3500
225 South Sixth Street
Minneapolis, MN 55402-4629
Attn: Jeffrey J. Koerselman, Esq.
Email: jkoerselman@winthrop.com
Facsimile: (612) 604-6802
(which copy shall not constitute notice to Borrower)
To the Purchaser: BRIDGEWATER BANK
3800 American Boulevard, Suite 100
Bloomington, MN 55431
Attn: _________________
Email: _________________
Facsimile: _____________
Section 20. Governing Law. This Regulatory Agreement shall be governed by and construed in
accordance with the laws and judicial decisions of the State of Minnesota, without regard to its conflicts of
laws principles, except as such laws may be preempted by any federal rules, regulations, and laws.
Section 21. Payment of Fees. Notwithstanding payment of the Loan, the termination of the Loan
Agreement, and the defeasance or discharge of the Note, throughout the term of the Qualified Project
Period, the Borrower shall continue to pay:
(a) to the Purchaser, its reasonable and customary fees and expenses for reviewing and, if
necessary, enforcing compliance by the Borrower with the terms of this Regulatory Agreement;
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(b) to the Issuer, reimbursement for all reasonable fees and expenses, including, but not limited
to, financial advisory and legal fees and expenses necessary for the IssuerÓs reviewing and, if necessary,
enforcing compliance by the Borrower with the terms of this Regulatory Agreement; and
(c) the fees and expenses of any entity or person designated by the Purchaser or Issuer to
perform the review of the BorrowerÓs compliance with this Regulatory Agreement; provided that such fees
and expenses are not duplicative of any fees and expenses paid under (a) and (b) above.
Section 22. Limited Liability. Notwithstanding anything to the contrary in this Regulatory
Agreement, it is understood and agreed by the Borrower and the Purchaser that no covenant, provision or
agreement of the Issuer herein or in the Note or in any other document executed by the Issuer in connection
with the issuance, sale and delivery of the Note, or any obligation herein or therein imposed upon the Issuer
or breach thereof, shall give rise to a pecuniary liability of the Issuer or a charge against its general credit
or taxing powers or shall obligate the Issuer financially in any way except with respect to the Loan
Agreement and the application of revenues therefrom and the proceeds of the Note. No failure of the Issuer
to comply with any term, condition, covenant or agreement herein or therein shall subject the Issuer to
liability for any claim for damages, costs or other financial or pecuniary charges except to the extent that
the same can be paid or recovered from the Loan Agreement or revenues therefrom or proceeds of the Note.
No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the
general credit, general funds or taxing powers of the Issuer. In making the agreements, provisions and
covenants set forth herein, the Issuer has not obligated itself except with respect to the Loan Agreement
and the application of revenues thereunder as therein provided. The Note constitutes a special, limited
obligation of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant to the
Loan Agreement and the Related Documents, and do not now and shall never constitute an indebtedness or
a loan of the credit of the Issuer, the State of Minnesota or any political subdivision thereof or a charge
against the IssuerÓs general taxing powers within the meaning of any constitutional or statutory provision
whatsoever. It is further understood and agreed by the Borrower and the Purchaser that the Issuer shall
incur no pecuniary or moral liability hereunder and shall not be liable for any expenses related hereto. If,
notwithstanding the provisions of this Section, the Issuer incurs any expense, or suffers any losses, claims
or damages or incurs any liabilities, the Borrower will indemnify and hold harmless the Issuer from the
same and will reimburse the Issuer for any legal or other expenses incurred by the Issuer in relation thereto,
and this covenant to indemnify, hold harmless and reimburse the Issuer shall survive delivery of and
payment for the Note.
Section 23. Actions of the Issuer. The Issuer shall be entitled to rely conclusively on an opinion
of counsel in the exercise or non-exercise of any of the rights or powers vested in the Issuer by virtue of
this Regulatory Agreement or any other agreement or instrument executed in connection with the issuance
of the Note; it being the intent of the parties hereto that the Issuer, and any and all present and future trustees,
members, commissioners, officers, employees, attorneys, and agents of the Issuer shall not incur any
financial or pecuniary liability for the exercise or non-exercise of any rights or powers vested in the Issuer
by this Regulatory Agreement or any other instrument or agreement executed in connection with the
issuance of the Note; or for the performance or nonperformance of any obligation under, or the failure to
assert any right, power, or privilege under this Regulatory Agreement, the Assignment, the Note, the Loan
Agreement, or any other instrument or agreement executed in connection with the issuance of the Note. If
the IssuerÓs consent or approval is required under this Regulatory Agreement, or any other agreement or
instrument executed in connection with the issuance of the Note, the Issuer shall be entitled to rely
conclusively on an opinion of counsel and shall not be responsible for any loss or damage resulting from
any action or inaction in reliance upon such opinion.
Section 24. Counterparts. This Regulatory Agreement may be executed in any number of
counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts
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shall together constitute but one and the same Regulatory Agreement, and, in making proof of this
Regulatory Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Section 25. Recording and Filing. Prior to any advance of the proceeds of the Note under Section
3.03 of the Disbursing Agreement, the Borrower shall cause this Regulatory Agreement and all amendments
and supplements hereto and thereto to be recorded and filed in the real property records of the County, the
State, and in such other places as the Issuer or the Purchaser may reasonably request. The Borrower shall
pay all fees and charges incurred in connection with any such recording.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the parties have caused this Regulatory Agreement to be signed by
their respective duly authorized representatives as of the day and year first written above.
CITY OF MAPLEWOOD, MINNESOTA
By
Its Mayor
By
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
On this _________, 2017, before me personally appeared Nora Slawik, the Mayor of the City of
Maplewood, Minnesota, a statutory city, municipal corporation, and political subdivision duly organized
and existing under the Constitution and laws of the State of Minnesota, on behalf of the City.
Given under my hand and official seal this ____ day of ________, 2017.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
On this _________, 2017, before me personally appeared Melinda Coleman, the City Manager of
the City of Maplewood, Minnesota a statutory city, municipal corporation, and political subdivision duly
organized and existing under the Constitution and laws of the State of Minnesota, on behalf of the City.
Given under my hand and official seal this ____ day of ________, 2017.
Notary Public
\[Execution page of the Issuer to the Regulatory Agreement\]
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MAPLE POND MDG LIMITED PARTNERSHIP,
a Minnesota limited partnership
By: ___________________,
a _________________________
Its: General Partner
By:
Its:
STATE OF MINNESOTA )
) ss
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ____ day of __________, 2017, by
______________, the ___________ of _____________, a _____________, the General Partner of Maple
Pond MDG Limited Partnership, a Minnesota limited partnership, on behalf of said limited partnership.
Notary Public
\[Execution page of the Borrower to the Regulatory Agreement\]
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BRIDGEWATER BANK,
a Minnesota banking corporation
By:
Name:
Title:
STATE OF MINNESOTA )
) ss.
COUNTY OF _____________ )
The foregoing instrument was acknowledged before me this ____ day of __________, 2017, by
_____________, the _____________ of Bridgewater Bank, a Minnesota banking corporation, on behalf of
said banking corporation.
Notary Public
\[Execution page of the Purchaser to the Regulatory Agreement\]
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The Land described in this Regulatory Agreement is located in Ramsey County, Minnesota, and is
legally described as follows:
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EXHIBIT B
FORM OF TENANT INCOME CERTIFICATION
TENANT INCOME CERTIFICATION Effective Date: _________________________
Move-in Date: __________________________
Initial Certification Re-certification Other (MM/DD/YY): _________________________
_______________
PART I. DEVELOPMENT DATA
Property Name: County: _____________________ BIN #:
_______________
Maple Pond Apartments Unit Number: ________________
# Bedrooms:
Address: 1854 Beebe Road
___________
Maplewood, Minnesota
PART II. HOUSEHOLD COMPOSITION
HH First Name & Relationship to Date of Birth F/T Student Social Security
Middle Initial Head of (MM/DD/YY) or Alien Reg.
Br # Last Name (Y or N)
Household No.
1 HEAD
2
3
4
5
6
PART III. GROSS ANNUAL INCOME (USE ANNUAL AMOUNTS)
HH (A) (B) (C) (D)
Br # Employment or Wages Soc. Security / Pensions Public Assistance Other Income
TOTAL $ $ $ $
Add totals from (A) through (D) above TOTAL INCOME (E): $
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PART IV. INCOME FROM ASSETS
HH (F) (G) (H) (I)
Mbr#
Type of Asset C/I Cash Value of Asset Annual Income from Asset
TOTALS: $ $
Enter Column (H) Total Passbook Rate
if over $5,000 $________________ x 2.00 % = (J) Imputed Income $
Enter the greater of the total column I, or J: imputed income TOTAL INCOME FROM ASSETS (K)
$
(L) Total Annual Household Income from all sources \[Add (E) + (K)\] $
HOUSEHOLD CERTIFICATION & SIGNATURES
The information on this form will be used to determine maximum income eligibility. I/we have provided for each person(s) set forth in
Part II acceptable verification of current anticipated annual income. I/we agree to notify the landlord immediately upon any member of
the household moving out of the unit or any new member moving in. I/we agree to notify the landlord immediately upon any member
becoming a full-time student.
Under penalties of perjury, I/we certify that the information presented in this Certification is true and accurate to the best of my/our
knowledge and belief. The undersigned further understands that providing false representations herein constitutes an act of fraud. False,
misleading or incomplete information may result in the termination of the lease agreement.
_________________________ ____________________ _________________________ ____________________
Signature (Date) Signature (Date)
_________________________ ____________________ _________________________ ____________________
Signature (Date) Signature (Date)
PART V. DETERMINATION OF INCOME ELIGIBILITY
TOTAL ANNUAL HOUSEHOLD Household Meets RE-CERTIFICATION ONLY:
$
INCOME FROM ALL SOURCES Income Restriction
From Item (L) on page 1 at: Current Income Limit x 140%
60% 50%
40% 30% $
__________________________________
Current Income Limit per Family Size: $ ___%
_________________ Household income exceeds 140% at re-
certification:
Yes No
Household Income at Move-in
$__________________
Household Size at Move-in:
_____________
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PART VI. RENT
Tenant Paid Rent $ _________________ Rent Assistance: $ ______________________
Utility Allowance $ _________________ Other non-optional charges: $ ______________________
GROSS RENT FOR UNIT:
Tenant paid rent plus Utility $
Unit Meets Rent Restriction at:
Allowance and other non-optional
charges
60% 50% 40% 30% ___%
Maximum Rent Limit for this unit: $ _________________
PART VII. STUDENT STATUS
ARE ALL OCCUPANTS FULL-TIME If yes, enter student explanation** Student explanation:
STUDENTS? (also attach documentation) 1. TANF assistance
2. Job training program
Enter
yes no 3. Single parent/dependent child
1-4
4. Married/joint return*
*Exception for married/joint return is the only exception available for units necessary to qualify tax-exempt bonds.
PART VIII. PROGRAM TYPE
Mark the program(s) listed below (a. through e.) for which this householdÓs unit will be counted toward the propertyÓs occupancy
requirements. Under each program marked, indicate the householdÓs income status as established by this certification/re-certification
a. Tax Credit b. HOME c. Tax Exempt d. AHDP e. ____________
(Name of Program)
See Part V above. Income Status Income Status Income Status Income Status
50% AMGI 50% AMGI 50% AMGI __________
60% AMGI 60% AMGI 80% AMGI __________
80% AMGI 80% AMGI 0I ** 0I **
0I ** 0I **
** Upon re-certification, household was determined over income (OI) according to eligibility requirements of the program(s) marked
above.
SIGNATURE OF OWNER / REPRESENTATIVE
Based on the representations herein and upon the proofs and documentation required to be submitted, the individual(s) named in Part
II of this Tenant Income Certification is/are eligible under the provisions of Section 42 of the Internal Revenue Code, as amended, and
the Regulatory Agreement (if applicable), to live in a unit in this Project.
________________________________________________ ________________
SIGNATURE OF OWNER / REPRESENTATIVE DATE
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INSTRUCTIONS FOR COMPLETING
TENANT INCOME CERTIFICATION
This form is to be completed by the owner or an authorized representative.
Part I – Development Data
Check the appropriate box for Initial Certification (move-in), Re-certification (annual re-certification), or
Other. If Other, designate the purpose of the re-certification (i.e., a unit transfer, a change in household
composition, or other state-required re-certification).
Move-in Date Enter the date the tenant has or will take occupancy of the unit.
Effective Date Enter the effective date of the certification. For move-in, this should be the move-
in date. For annual re-certification, this effective date should be no later than one
year from the effective date of the previous (re)certification.
Property Name Enter the name of the development.
County Enter the county (or equivalent) in which the building is located.
BIN # Enter the Building Identification Number (BIN) assigned to the building (from IRS
Form 8609).
Address Enter the unit number.
Unit Number Enter the unit number.
# Bedrooms Enter the number of bedrooms in the unit.
Part II – Household Composition
List all occupants of the unit. State each household memberÓs relationship to the head of the household by
using one of the following coded definitions:
H Head of household S Spouse
A Adult co-tenant O Other family member
C Child F Foster child
L Live-in caretaker N None of the above
Enter the date of birth, student status, and Social Security number or alien registration number for each
occupant.
If there are more than seven occupants, use an additional sheet of paper to list the remaining household
members and attach it to the certification.
Part III – Annual Income
See HUD Handbook 4350.3 for complete instructions on verifying and calculating income, including
acceptable forms of verification.
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From the third party verification forms obtained from each income source, enter the gross amount
anticipated to be received for the 12 months from the effective date of the (re)certification. Complete a
separate line for each income-earning member. List the respective household member number from Part II.
Column (A) Enter the annual amount of wages, salaries, tips, commissions, bonuses, and other
income from employment; distributed profits and/or net income from a business.
Column (B) Enter the annual amount of Social Security, Supplemental Security Income,
pensions, military retirement, etc.
Column (C) Enter the annual amount of income received from public assistance (i.e., TANF,
general assistance, disability, etc.)
Column (D) Enter the annual amount of alimony, child support, unemployment benefits, or any
other income regularly received by the household.
Row (E) Add the totals from columns (A) through (D) above. Enter this amount.
Part IV – Income from Assets
See HUD Handbook 4350.3 for complete instructions on verifying and calculating income from assets,
including acceptable forms of verification.
From the third party verification forms obtained from each asset source, list the gross amount anticipated
to be received during the 12 months from the effective date of the certification. List the respective
household member number from Part II and complete a separate line for each member.
Column (F) List the type of asset (i.e., checking account, savings account, etc.)
Column (G) Enter C (for current, if the family currently owns or holds the asset), or I (for
imputed, if the family has disposed of the asset for less than fair market value
within two years of the effective date of (re)certification).
Column (H) Enter the cash value of the respective asset.
Column (I) Enter the anticipated annual income from the asset (i.e., savings account balance
multiplied by the annual interest rate).
TOTALS Add the total of Column (H) and Column (I), respectively.
If the total in Column (H) is greater than $5,000, you must do an imputed calculation of asset income. Enter
the Total Cash Value, multiply by 2% and enter the amount in (J), Imputed Income.
Row (K) Enter the Greater of the total in Column (I) or (J)
Row (L) Total Annual Household Income from All Sources Add (E) and (K) and enter the
total
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HOUSEHOLD CERTIFICATION AND SIGNATURES
After all verifications of income and/or assets have been received and calculated, each household member
age 18 or older must sign and date the Tenant Income Certification. For move-in, it is recommended that
the Tenant Income Certification be signed no earlier than five days prior to the effective date of the
certification.
Part V – Determination of Income Eligibility
Total Annual Household Enter the number from item (L).
Income from all sources
Current Income Limit per Enter the Current Move-in Income Limit for the household size.
Family Size
Household income at move-in For re-certifications only. Enter the household income from the
Household size at move-in move-in certification. On the adjacent line, enter the number of
household members from the move-in certification.
Household Meets Income Check the appropriate box for the income restriction that the
Restriction household meets according to what is required by the set-aside(s)
for the project.
Current Income Limit x 140% For re-certification only. Multiply the Current Maximum Move-
in Income Limit by 140% and enter the total. Below, indicate
whether the household income exceeds that total. If the Gross
Annual Income at re-certification is greater than 140% of the
current income limit, then the available unit rule must be followed.
Part VI – Rent
Tenant Paid Rent Enter the amount the tenant pays toward rent (not including rent assistance
payments such as Section 8).
Rent Assistance Enter the amount of rent assistance, if any.
Utility Allowance Enter the utility allowance. If the owner pays all utilities, enter zero.
Other non-optional Enter the amount of non-optional charges, such as mandatory garage rent,
charges storage lockers, charges for services provided by the development, etc.
Gross Rent for Unit Enter the total of Tenant Paid Rent plus Utility Allowance and other non-optional
charges.
Maximum Rent Enter the maximum allowable gross rent for the unit.
Limit for this unit
Unit Meets Rent Check the appropriate rent restriction that the unit meets according to what is
Restriction at __% required by the set-aside(s) for the project.
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Part VII – Student Status
If all household members are full-time* students, check Ðyes.Ñ If at least one household member is not a
full-time student, check Ðno.Ñ
If ÐyesÑ is checked, the appropriate exemption must be listed in the box to the right. If none of the
exemptions apply, the household is ineligible to rent the unit.
* Full time is determined by the school the student attends.
Part VIII – Program Type
Mark the program(s) for which this unit will be counted toward the propertyÓs occupancy requirements.
Under each program marked, indicate the householdÓs income status as established by this certification/re-
certification. If the property does not participate in the HOME, Tax-Exempt Bond, Affordable Housing
Disposition, or other housing program, leave those sections blank.
Tax Credit See Part V above.
HOME If the property participates in the HOME program and the unit this household will
occupy will count towards the HOME program set-asides, mark the appropriate
box indicating the householdÓs designation.
Tax Exempt If the property participates in the Tax Exempt Bond program, mark the appropriate
box indicating the householdÓs designation.
AHDP If the property participates in the Affordable Housing Disposition Program
(AHDP), and this householdÓs unit will count towards the set-aside requirements,
mark the appropriate box indicating the householdÓs designation.
Other If the property participates in any other affordable housing program, complete the
information as appropriate.
SIGNATURE OF OWNER / REPRESENTATIVE
It is the responsibility of the owner or the ownerÓs representative to sign and date this document immediately
following execution by the resident(s).
The responsibility of documenting and determining eligibility (including completing and signing the Tenant
Income Certification form) and ensuring such documentation is kept in the tenant file is extremely important
and should be conducted by someone well-trained in tax credit compliance.
These instructions should not be considered a complete guide on tax credit compliance. The responsibility
for compliance with federal program regulations lies with the owner of the building(s) for which the credit
is allowable.
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EXHIBIT C
CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE
\[Date\]
TO: City of Maplewood, Minnesota
1830 County Road B East
Maplewood, Minnesota 55109-2702
Attn:
Ellen Paulseth, Finance Director
and (prior to the discharge of the Note (hereinafter defined))
Bridgewater Bank
3800 American Boulevard, Suite 100
Bloomington, MN 55431
Attn: _______________
Re: Multifamily Housing Revenue Note (Maple Pond Apartments Project), Series 2017 (the ÐNoteÑ)
The undersigned, an authorized representative for Maple Pond MDG Limited Partnership, a
Minnesota limited partnership (the ÐOwnerÑ), hereby certifies, represents, and warrants that:
1. The Owner owns the multifamily housing project located in the City of Maplewood,
Minnesota and known as Maple Pond Apartments (the ÐProjectÑ).
2. The undersigned and the Owner have read and are thoroughly familiar with the provisions
of (1) the Regulatory Agreement, dated as of December 1, 2017 (the ÐRegulatory AgreementÑ), between
the Owner, the City of Maplewood, Minnesota (the ÐIssuerÑ), and Bridgewater Bank (the ÐPurchaserÑ); and
(2) the Loan Agreement, dated as of December 1, 2017 (the ÐAgreementÑ), between the Issuer and the
Owner. The Regulatory Agreement was executed, delivered, and recorded against the Project in connection
with the issuance of the Note.
3. A review of the activities of the Owner and of the OwnerÓs performance under the
Regulatory Agreement and the Loan Agreement during the year ending ___________ has been made under
the supervision of the undersigned.
4. The ProjectÓs Qualified Project Period commenced on ___________________ (the date on
which 10% of the residential units in the Project were occupied), and will end on the latest of:
(i) _________, ____ (the date which is 15 years after the date on which 50% of the
residential units in the Project were occupied);
(ii) the first day on which no tax-exempt private activity bond issued with respect to
the Project is outstanding, or
(iii) the date on which any assistance provided with respect to the Project under Section
8 of the United States Housing Act of 1937 terminates.
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5. As of the date of this Certificate, the following percentages of completed residential units
in the Project are (i) occupied by Low Income Tenants or (ii) currently vacant and being held available for
occupancy by Low Income Tenants and have been so held continuously since the date a Low Income Tenant
vacated such unit, as indicated:
Occupied by Low Income Tenants _____ % Units Nos.____
Continuously held vacant for occupancy by Low _____ % Units Nos.____
Income Tenants since last occupied by Low
Income Tenants
6. At no time since the date of filing of the last Continuing Program Compliance Certificate
(or since the issuance of the Note, if this is the first such certificate) has less than _____ units representing
40% of the completed units in the Project been occupied by or were last occupied by Low Income Tenants.
7. As of the date of this Certificate, at least 40% of the units in the Project are (i) occupied by
persons or families with Adjusted Income which does not exceed 60% of the Median Income for the Area
adjusted for household size; or (ii) held vacant for occupancy for persons or families with Adjusted Income
which does not exceed 60% of the Median Income for the Area adjusted for household size. Project Units
occupied or held vacant for persons or families with Adjusted Income which does not exceed 60% of the
Median Income for the Area adjusted for household size include Unit numbers
_____________________________________________.
8. At all times since the date of filing of the last Continuing Program Compliance Certificate
rent on at least 20% of the units in the Project has been equal to or less than applicable area fair market
rents or exception for fair market rents, established from time to time by the United States Department of
Housing and Urban Development.
9. To the knowledge of the undersigned, after due inquiry, all units were rented or available
for rental on a continuous basis during the immediately preceding year to members of the general public,
and the Owner is not now and has not been in default under the terms of the Regulatory Agreement and the
Loan Agreement and, to the knowledge of the undersigned, no Determination of Taxability has occurred
with respect to the Note.
10. \[CHOOSE ONE: None/One or more\] of the Tenants in the Project are currently receiving
assistance under Section 8 of the United States Housing Act of 1937.
11. Unless otherwise expressly provided herein or unless the context requires otherwise, the
capitalized terms used but not defined herein shall have the meaning assigned to such terms in the
Regulatory Agreement.
12. The Owner has not transferred any interest in the Project since the date of submission of
the Continuing Program Compliance Certificate last submitted to the Purchaser and the Issuer with respect
to the Project. (If the Owner has transferred any interest in the Project, such transfer should be
detailed here.)
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Signature page of the Borrower to the Certificate of Continuing Program Compliance.
Dated: _________, 20__.
MAPLE POND MDG LIMITED PARTNERSHIP,
a Minnesota limited partnership
By: ____________________,
a _________________________
Its: General Partner
By:
Its:
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LOAN AGREEMENT
between
CITY OF MAPLEWOOD, MINNESOTA,
as Issuer
and
MAPLE POND MDG LIMITED PARTNERSHIP,
as Borrower
Dated as of December 1, 2017
Relating to:
$11,200,000
City of Maplewood, Minnesota
Multifamily Housing Revenue Note
(Maple Pond Apartments Project)
Series 2017
Except for certain reserved rights, the interest of the City of Maplewood, Minnesota, in this Loan
Agreement has been pledged and assigned to Bridgewater Bank, pursuant to an Assignment of Loan
Agreement, dated as of December 1, 2017.
This instrument drafted by:
Kennedy & Graven, Chartered (SEL)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, Minnesota 55402
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TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS AND RULES OF INTERPRETATION ....................................................... 2
Section 1.1Definitions ............................................................................................................ 2
Section 1.2Rules of Interpretation. ......................................................................................... 4
ARTICLE 2 REPRESENTATIONS ........................................................................................................... 6
Section 2.1Representations by the Issuer ............................................................................... 6
Section 2.2Representations by the Borrower .......................................................................... 6
ARTICLE 3 THE LOAN ............................................................................................................................ 9
Section 3.1Amount and Source of Loan. ................................................................................ 9
Section 3.2Documents Required Prior to Disbursement of the Loan ..................................... 9
Section 3.3Repayment ............................................................................................................ 9
Section 3.4BorrowerÓs Obligations Unconditional ................................................................. 9
Section 3.5Disbursement of the Loan. .................................................................................. 10
Section 3.6Administrative Fee and Expenses ....................................................................... 10
Section 3.7Loan Origination Fee .......................................................................................... 10
ARTICLE 4 BORROWERÓS COVENANTS ........................................................................................... 11
Section 4.1Indemnity. ........................................................................................................... 11
Section 4.2Reports to Governmental Agencies .................................................................... 12
Section 4.3Security for the Loan .......................................................................................... 12
Section 4.4Preservation of Tax Exemption. ......................................................................... 12
Section 4.5Lease or Sale of Facility ..................................................................................... 15
Section 4.6Facility Operation and Maintenance Expenses. .................................................. 15
Section 4.7Notification of Changes ...................................................................................... 15
Section 4.8Financial Statements ........................................................................................... 16
Section 4.9IRS Audit Expenses ............................................................................................ 16
Section 4.10Compliance with IssuerÓs Private Activity Bond Policy .................................... 16
Section 4.11Reserve Fund ...................................................................................................... 16
ARTICLE 5 PREPAYMENT OF LOAN ................................................................................................. 17
Section 5.1Prepayment at Option of Borrower ..................................................................... 17
Section 5.2Other Prepayment Provisions ............................................................................. 17
Section 5.3Partial Prepayment .............................................................................................. 17
ARTICLE 6 EVENTS OF DEFAULT AND REMEDIES ....................................................................... 18
Section 6.1Events of Default ................................................................................................ 18
Section 6.2Remedies ............................................................................................................. 19
Section 6.3Disposition of Funds ........................................................................................... 19
Section 6.4Manner of Exercise ............................................................................................. 19
Section 6.5Effect of Waiver .................................................................................................. 20
Section 6.6AttorneysÓ Fees and Expenses ............................................................................ 20
ARTICLE 7 GENERAL ........................................................................................................................... 21
Section 7.1Notices ................................................................................................................ 21
Section 7.2Binding Effect ..................................................................................................... 21
Section 7.3Severability ......................................................................................................... 21
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Section 7.4Amendments, Changes and Modifications ......................................................... 21
Section 7.5Execution Counterparts ....................................................................................... 22
Section 7.6Limitation of IssuerÓs Liability ........................................................................... 22
Section 7.7Issuer AttorneysÓ Fees and Costs ........................................................................ 22
Section 7.8Release ................................................................................................................ 22
Section 7.9Assignment by Issuer and Survivorship of Obligations...................................... 23
Section 7.10Required Approvals ............................................................................................ 23
Section 7.11Termination Upon Retirement of Note ............................................................... 23
SIGNATURES .......................................................................................................................... S-1
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LOAN AGREEMENT
THIS LOAN AGREEMENT dated as of December 1, 2017 (the ÐLoan AgreementÑ), between the
CITY OF MAPLEWOOD, MINNESOTA, a statutory city, municipal corporation, and political subdivision
duly organized and existing under the Constitution and laws of the State of Minnesota (the ÐIssuerÑ or the
ÐCityÑ), and MAPLE POND MDG LIMITED PARTNERSHIP, a Minnesota limited partnership (the
ÐBorrowerÑ).
RECITALS
WHEREAS, Minnesota Statutes, Chapter 462C, as amended (the ÐActÑ), authorizes the Issuer to
issue revenue obligations to finance the acquisition, construction, rehabilitation, and equipping of
multifamily housing developments; and
WHEREAS, the Issuer will issue the Note pursuant to this Loan Agreement and a resolution
adopted by the City Council of the Issuer on November 13, 2017, and the Act; and
WHEREAS, the Note will be purchased by Bridgewater Bank, a Minnesota banking corporation
(the ÐPurchaserÑ); and
WHEREAS, the Borrower agrees to be absolutely and unconditionally obligated to repay the Loan
together with interest thereon, at times and in amounts sufficient to pay when due the principal of and
interest on the Note; and
NOW THEREFORE, the Issuer and the Borrower each in consideration of the representations,
covenants and agreements of the other as set forth herein, mutually represent, covenant and agree as follows:
(The remainder of this page is intentionally left blank.)
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DEFINITIONS AND RULES OF INTERPRETATION
Definitions. In this Loan Agreement the following terms have the following respective meanings
unless the context hereof clearly requires otherwise:
Act: Minnesota Statutes, Chapter 462C, as amended.
Assignment: the Assignment of Loan Agreement, dated as of December 1, 2017, between the
Issuer and the Purchaser, assigning the IssuerÓs interest in this Loan Agreement to the Purchaser to the
extent provided therein, as the same may from time to time be amended or supplemented.
Bond Counsel: the firm of Kennedy & Graven, Chartered, of Minneapolis, Minnesota; any opinion
of Bond Counsel shall be a written opinion signed by such Bond Counsel.
Borrower: Maple Pond MDG Limited Partnership, a Minnesota limited partnership, its successors
and assigns, and any surviving, resulting or transferee business entity which may assume its obligations in
accordance with the provisions of this Loan Agreement.
Borrower Tax Certificate: the Borrower Tax Certificate, dated the date of Closing, executed and
delivered by the Borrower in connection with the issuance of the Note.
Business Day: any day other than a Saturday or Sunday or other day on which commercial banks
in the city in which the principal office of the Purchaser is located are not open for business or other day on
which the New York Stock Exchange is not open for business.
City: the City of Maplewood, Minnesota.
Closing: December 1, 2017, which is the date there is physical delivery of the Note to the
Purchaser.
Code: the Internal Revenue Code of 1986, as amended and the Treasury Regulations promulgated
thereunder.
City Council: the City Council of the Issuer.
Counsel: an attorney designated by or acceptable to the Purchaser, duly admitted to practice law
before the highest court of any state; an attorney for the Borrower or the Issuer may be eligible for
appointment as Counsel.
Date of Taxability: the meaning ascribed to it in Section 4.4(2) hereof.
Determination of Taxability: the meaning ascribed to it in Section 4.4(2) hereof.
Disbursing Agreement: the Disbursing Agreement, dated as of December 1, 2017, between the
Borrower and the Purchaser, providing for the disbursement to the Borrower of proceeds of the Note, as
the same may from time to time be amended or supplemented as herein provided.
Event of Default: any of the events described in Section 6.1 hereof.
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Facility: the one hundred sixty-eight (168) existing affordable apartment units and facilities
functionally related and subordinate thereto, commonly known as Maple Pond Apartments, located at 1854
Beebe Road in the City.
General Partner: _____________, a _____________, its successors and assigns.
Guarantor: _____________, a _____________.
Guaranty: the Guaranty Agreement, dated as of December 1, 2017, by the Guarantor in favor of
the Purchaser, as it may be amended from time to time.
Issuance Expenses: any and all costs and expenses relating to the issuance, sale and delivery of the
Note, including, but not limited to, any fees of the Purchaser, all fees and expenses of legal counsel,
financial consultants, feasibility consultants and accountants, any fee to be paid to the Issuer, the preparation
and printing of this Loan Agreement, the Resolution, the Assignment, the Disbursing Agreement, the
Regulatory Agreement, the Note and all other related documents, and all other expenses relating to the
issuance, sale and delivery of the Note and any other costs which are treated as Ðissuance costsÑ within the
meaning of Section 147(g) of the Code.
Issuer: the City, its successors and assigns.
Land: the real property and any other easements and rights described in Exhibit A to the Regulatory
Agreement.
Loan: the loan of Note proceeds from the Issuer to the Borrower in accordance with the terms of
this Loan Agreement, as described in Section 3.1 of this Loan Agreement.
Loan Agreement: this Loan Agreement between the Issuer and the Borrower as the same may from
time to time be amended or supplemented.
Note: the $11,200,000 Multifamily Housing Revenue Note (Maple Pond Apartments Project),
Series 2017, to be issued by the Issuer pursuant to the Resolution and this Loan Agreement.
Note Documents: this Loan Agreement, the Assignment, the Regulatory Agreement, the
Disbursing Agreement and the Resolution.
Partnership Agreement: means the Limited Partnership Agreement of the Borrower, dated
___________, 20__, as amended, modified, supplemented or restated from time to time, or any agreement
entered into in substitution therefor.
Person: any individual, corporation, partnership (general, limited, or limited liability), joint
venture, association, trust, unincorporated organization, or government or any agency or political
subdivision thereof.
Principal Balance: so much of the principal sum on the Note as from time to time and remains
unpaid.
Project: means the acquisition and rehabilitation of the Land and the Facility.
Project Costs: all direct costs authorized by the Act and paid or incurred by the Borrower, to carry
out the Project, other than Issuance Expenses.
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Project Fund: the fund created by the Disbursing Agreement from which funds are to be disbursed
to the Borrower for payment of Project Costs and Issuance Expenses.
Purchaser: Bridgewater Bank, a Minnesota banking corporation, its successors and assigns.
Refunding: the issuance of revenue bonds to pay and refund the Note and finance the Project.
Regulatory Agreement: the Regulatory Agreement dated as of December 1, 2017, between the
Issuer, the Borrower, and the Purchaser, relating to the Project, as the same may from time to time be
amended or supplemented.
Reserve Fund: the fund of such designation established under Section 4.11 hereof to be held by
the Purchaser.
Resolution: the resolution of the Issuer adopted November 13, 2017, authorizing the issuance of
the Note, together with any supplement or amendment thereto.
State: the State of Minnesota.
Treasury Regulations: all proposed, temporary or permanent federal income tax regulations then
in effect and applicable.
Yield: with reference to any obligation, that discount rate which, when computing the present value
of all unconditionally payable payments of principal and interest paid and to be paid on such obligation,
produces an amount equal to the present value of the issue price of the obligation.
Rules of Interpretation.
This Loan Agreement shall be interpreted in accordance with and governed by the laws of the State.
The words ÐhereinÑ and ÐhereofÑ and words of similar import, without reference to any particular
section or subdivision, refer to this Loan Agreement as a whole rather than to any particular section or
subdivision hereof.
References herein to any particular section or subdivision hereof are to the section or subdivision
of this instrument as originally executed.
Where the Borrower is permitted or required to do or accomplish any act or thing hereunder, the
Borrower may cause the same to be done or accomplished with the same force and effect as if done or
accomplished by the Borrower.
The Table of Contents and titles of articles and sections herein are for convenience only and are
not a part of this Loan Agreement.
Unless the context hereof clearly requires otherwise, the singular shall include the plural and vice
versa and the masculine shall include the feminine and vice versa.
Articles, sections, subsections and clauses mentioned by number only are those so numbered which
are contained in this Loan Agreement.
References to the Note as Ðtax exemptÑ or to the Ðtax-exempt status of the NoteÑ are to the exclusion
of interest on the Note from gross income pursuant to Section 103(a) of the Code, except during any period
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the Note is held by a Ðsubstantial userÑ or Ðrelated person,Ñ irrespective of such forms of taxation as the
alternative minimum tax or branch profits tax on foreign corporations, as is consistent with the approach
taken in Section 59(i) of the Code.
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REPRESENTATIONS
Representations by the Issuer. The Issuer makes the following representations as the basis for its
covenants herein:
The Issuer is a statutory city, municipal corporation, and political subdivision duly organized and
existing under the Constitution and laws of the State of Minnesota and is authorized to issue the Note
pursuant to the Act.
There is no pending or, to the actual knowledge of the undersigned representatives of the Issuer,
without inquiry or investigation, threatened suit, action or proceeding against the Issuer before any court,
arbitrator, administrative agency or other governmental authority that challenges the IssuerÓs execution and
delivery of the Note Documents, as applicable.
To the actual knowledge of the undersigned, without inquiry or investigation, the execution and
delivery of the Note Documents by the Issuer will not constitute a breach of or default under any existing
(a) provision of any special legislative act or charter provision relating to the establishment of the Issuer or
(b) agreement, indenture, mortgage, lease or other instrument to which the Issuer is a party or by which it
is bound.
No proceeding of the Issuer for the issuance, execution or delivery of the Note Documents has been
repealed, rescinded, amended or revoked.
The Note is issued as a Ðqualified residential rental bondÑ within the meaning of Section 142(a)(7)
of the Code.
The Issuer has received an allocation of tax-exempt bonding authority for the Note pursuant to
Minnesota Statutes, Chapter 474A.
Representations by the Borrower. The Borrower makes the following representations as the basis
for its covenants herein:
The Borrower is a limited partnership duly organized under the laws of the State, is in good standing
and duly authorized and qualified to conduct its business in the State, is duly authorized to conduct its
business in all states where its activities require such authorization, has power to enter into this Loan
Agreement, the Regulatory Agreement, and the Disbursing Agreement and to use the Facility for the
purpose set forth in this Loan Agreement and by proper corporate action has authorized the execution and
delivery of this Loan Agreement, the Regulatory Agreement, and the Disbursing Agreement.
The General Partner is a limited liability company duly organized under the laws of the State, is in
good standing and duly authorized and qualified to conduct its business in the State, is duly authorized to
conduct its business in all states where its activities require such authorization, and by proper corporate
action is authorized to enter into the Partnership Agreement.
The execution and delivery of this Loan Agreement, the Regulatory Agreement, and the Disbursing
Agreement, the consummation of the transactions contemplated hereby and thereby, and the fulfillment of
the terms and conditions thereof do not and will not conflict with or result in a breach of any of the terms
or conditions of the BorrowerÓs organizational documents, any restriction or any agreement or instrument
to which the Borrower or any of its partners is now a party or by which it is bound or to which any property
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of the Borrower is subject, and do not and will not constitute a default under any of the foregoing or a
violation of any order, decree, statute, rule or regulation of any court or of any state or federal regulatory
body having jurisdiction over the Borrower or its properties, including the Facility, and do not and will not
result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the
property or assets of the Borrower contrary to the terms of any instrument or agreement to which the
Borrower is a party or by which it is bound.
The design and plan of the Project comprise a multifamily residential rental housing development,
as contemplated by the Act; and subject to the other provisions of this Loan Agreement, it is presently
intended and reasonably expected that any equipment purchased from the proceeds of the Note will be
permanently located and exclusively used on the Land and that the Borrower shall operate the Project on
the Land throughout the term of this Loan Agreement in the normal conduct of the BorrowerÓs business.
As of the date hereof, the use of the Facility as designed and proposed to be operated complies or
will comply, in all material respects, with all presently applicable development, pollution control, water
conservation and other laws, regulations, rules and ordinances of the federal government and the State and
the respective agencies thereof and the political subdivisions in which the Facility is located. The Borrower
has obtained, or will obtain in a timely manner, all necessary and material approvals of and licenses,
permits, consents and franchises from federal, state, county, municipal or other governmental authorities
having jurisdiction over the Facility to operate the Facility and to enter into, execute and perform its
obligations under this Loan Agreement, the Regulatory Agreement and the Disbursing Agreement and, to
the knowledge of the Borrower, no violation of any local ordinance, laws, regulation or requirement exists
with respect to the Facility.
The Facility is located entirely within the boundaries of the City.
The proceeds of the Note, together with any other funds to be contributed to the Project by the
Borrower or otherwise in accordance with this Loan Agreement, will be sufficient to pay the cost of the
Project, and all costs and expenses incidental thereto, and the proceeds of the Note will be used only for the
purposes contemplated hereby and allowable under the Act.
Comparable private financing for the Project was not found by the Borrower to be reasonably
available, and the Project is economically more feasible with the availability of the financing herein
authorized.
The Borrower is not in the trade or business of selling properties such as the Facility and is
rehabilitating the Facility for use in its operations, and therefore the Borrower has no intention now or in
the foreseeable future to voluntarily sell, surrender or otherwise transfer, in whole or part, its interest in the
Facility, except pursuant to a mortgage.
There are no actions, suits, or proceedings pending or, to the knowledge of the Borrower, threatened
against or affecting the Borrower or any property of the Borrower in any court or before any federal, state,
municipal or other governmental agency, which, if decided adversely to the Borrower, would have a
material adverse effect upon the Borrower or upon the business or properties of the Borrower, and the
Borrower is not in default with respect to any order of any court or governmental agency.
The Borrower is not in default in the payment of the principal of or interest on any indebtedness
for borrowed money nor in default under any instrument or agreement under and subject to which any
indebtedness for borrowed money has been issued.
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The Borrower has filed all federal and state income tax returns which, to the knowledge of the
General Partner of the Borrower, are required to be filed and has paid all taxes shown on said returns and
all assessments and governmental charges received by the Borrower to the extent that they have become
due.
The Borrower has approved the terms and conditions of the Note.
The Borrower will comply with all provisions of the Act, including without limitation any notice
and filing requirements imposed under the Act.
The Borrower has not knowingly taken or permitted to be taken and will not knowingly take or
permit to be taken any action which would have the effect, directly or indirectly, of causing interest on any
of the Note to be included in the gross income of the owners thereof for purposes of federal income taxation.
The Note is to be issued within the exemption provided under Sections 142(a)(7) and 142(d) of the
Code with respect to a Ðqualified residential rental projectÑ (as defined in the Code), and at least 95% of
the net proceeds of the Note will be used to provide for the acquisition, construction, reconstruction, or
improvement of land or property of a character subject to the allowance for depreciation for an exempt
facility within the meaning of Section 142 of the Code.
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THE LOAN
Amount and Source of Loan. The Issuer has authorized the issuance of the Note in the principal
amount not to exceed $11,200,000 to provide funds to the Borrower for its use in the Project. The Issuer
agrees to lend to the Borrower, upon the terms and conditions set forth herein and in the Note, the proceeds
received from the Note by causing such sums to be advanced and deposited into the Project Fund upon
satisfaction of all terms and conditions set forth herein and in the Disbursing Agreement and such other
supporting documentation as the Purchaser may reasonably require.
Documents Required Prior to Disbursement of the Loan. Prior to any advance of amounts in the
Project Fund, the Borrower shall deliver to the Purchaser executed copies of the following:
The Note.
This Loan Agreement.
The Assignment.
The Disbursing Agreement.
The Regulatory Agreement.
The Guaranty.
The approving resolutions of the Borrower and the General Partner.
Certificate of good standing for the Borrower and the General Partner of recent date issued by the
Secretary of State of Minnesota.
Copies of the organizational documents of the Borrower and the General Partner, certified by the
Secretary of State of Minnesota (together with copies of all amendments thereto), certified by the Borrower
and the General Partner, to be true and correct copies of such instruments.
An opinion of Bond Counsel to the effect that the Issuer has duly authorized the Note and that the
interest thereon is exempt from federal income taxation and subject to other conditions acceptable to the
Purchaser.
Any other items required under the Disbursing Agreement or reasonably required by the Purchaser.
Repayment. Subject to the prepayment provisions set forth in Article 5 hereof and in the Note, the
Borrower agrees to repay the Loan by making all payments of principal, interest and any penalty or charge
required to be made by the Issuer under the Note at the times and in the amounts provided therein. All
payments shall be made directly to the Purchaser at its principal office for the account of the Issuer. The
Borrower shall also pay the reasonable fees and expenses of the Issuer, including the IssuerÓs administrative
fee and reasonable fees and expenses of the IssuerÓs counsel in connection with the issuance of the Note
and the Refunding.
BorrowerÓs Obligations Unconditional. All payments required of the Borrower hereunder shall be
paid without notice or demand and without setoff, counterclaim, abatement, deduction or defense. The
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Borrower will not suspend or discontinue any payments, and will perform and observe all of its other
agreements in this Loan Agreement and, except as expressly permitted herein, will not terminate this Loan
Agreement for any cause, including but not limited to any acts or circumstances that may constitute failure
of consideration, destruction or damage to the Facility, eviction by paramount title, commercial frustration
of purpose, bankruptcy or insolvency of the Issuer or the Purchaser, change in the tax or other laws or
administrative rulings or actions of the United States of America or of the State or any political subdivision
thereof, or failure of the Issuer to perform and observe any agreement, whether express or implied, or any
duty, liability or obligation arising out of or connected with this Loan Agreement, the Assignment or the
Note.
Disbursement of the Loan.
Pursuant to this Loan Agreement and the Act, the Issuer has authorized the Borrower to provide
directly for the financing of the Project in such manner as is determined by the Borrower and hereby
authorizes the Purchaser to advance the proceeds of the Note to or at the direction of the Borrower in
accordance with the Disbursing Agreement, including without limitation, advancing at Closing $50,001 of
the proceeds of the Note to pay the costs of issuing the Note.
Interest earnings on the proceeds of the Note held in the Project Fund, if any, shall be disbursed to
the Purchaser on or prior to each interest payment date and applied as a credit against Loan repayments.
The Issuer authorizes and directs the Purchaser to disburse money from the Project Fund as further
provided in the Disbursing Agreement.
Administrative Fee and Expenses. The Borrower agrees to pay to the Issuer an administrative fee
equal to one percent (1%) of the principal amount of the Note, not to exceed $28,600.00, payable on the
date of Closing. In addition to any other payments required hereunder, the Borrower shall pay the following
amounts to the Issuer in immediately available funds on the due date thereof (or, if there is no due date with
respect to such payment, then upon demand of the Issuer): (i) all reasonable expenses paid or incurred by
the Issuer in connection with the transactions contemplated by the Note and the Note Documents, including
any legal, accounting, financial, or other costs paid or incurred by the Issuer; (ii) all costs and expenses,
including without limitation, attorneysÓ fees, paid or incurred by the Issuer in connection with (A) the
discussion, negotiation, preparation, approval, execution and delivery, and amendments or modifications
of the Note, the Note Documents, and the documents and instruments related hereto or thereto, (B) the
enforcement by the Issuer during the term hereof or thereafter of any of the rights or remedies of the Issuer
hereunder or under the foregoing documents, or any document, instrument, or agreement related hereto or
thereto, and (C) an audit, random or otherwise, by the Internal Revenue Service, the Minnesota Department
of Revenue, or another department or office of the State with respect to the Note, the Borrower, or the
Project.
Loan Origination Fee. The Borrower agrees to pay to the Purchaser a loan origination fee equal to
_______ percent (______%) of the principal amount of the Note or $_________ payable on the date of the
Closing.
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BORROWERÓS COVENANTS
Indemnity.
The Borrower will indemnify, defend, and hold harmless the Purchaser, the Issuer and its officers,
commissioners, employees and agents, from and against any and all claims by or on behalf of any person,
firm, corporation or other entity arising from the conduct, operation or management of, or from, any work
or thing done on the Facility during the term of this Loan Agreement, including, without limitation, (i) any
condition of the Facility; (ii) any breach or default on the part of the Borrower in the performance of any
of its obligations under this Loan Agreement; (iii) any act of negligence of the Borrower or of any of its
agents, contractors, servants, employees or licensees; or (iv) any act of negligence of any assignee or lessee
of the Borrower, or of any agents, contractors, servants, employees or licensees of any assignee or lessee
of the Borrower. The Borrower shall indemnify and save the Purchaser and Issuer harmless from any such
claim arising as aforesaid, or in connection with any action or proceeding brought thereon, and upon notice
from the Purchaser or Issuer, the Borrower shall defend them or either of them in any such action or
proceeding.
The Borrower agrees to indemnify, defend and hold harmless the Issuer and Purchaser and their
respective employees, commissioners, officers and agents (ÐIndemnified PartiesÑ) against any and all
losses, claims, damages or liability to which the Indemnified Parties may become subject under any law in
connection with the issuance and sale of the Note, the carrying out of the transactions contemplated by this
Loan Agreement and the conduct of any activity in connection with the Project or the Facility, including
claims for which the Indemnified Parties may be or may be claimed to be liable unless such liability is due
to the gross negligence or willful misconduct of such Indemnified Party, and to reimburse the Indemnified
Parties for any out-of-pocket legal and other expenses (including reasonable counsel fees) incurred by the
Indemnified Parties in connection with investigating any such losses, claims, damages or liabilities, or in
connection with defending any actions relating thereto. The Indemnified Parties agree, at the request and
expense of the Borrower, to cooperate in the making of any investigation in defense of any such claim and
promptly to assert any or all of the rights and privileges and defenses identified in writing by the Borrower
which may be available to the Indemnified Parties. These provisions shall survive payment of the Note and
termination of this Loan Agreement.
If the Issuer incurs any expense or suffers any losses, claims or damages or incurs any liabilities in
connection with the transaction contemplated by this Loan Agreement, the Borrower will indemnify,
defend, and hold harmless the Issuer from the same and will reimburse the Issuer for any reasonable legal
or other expenses incurred by the Issuer in relation thereto. The Borrower shall also reimburse the Issuer
for all other costs and expenses, including, without limitation, attorneysÓ fees paid or incurred by the Issuer
in connection with: (i) the discussion, negotiation, preparation, approval, execution and delivery of this
Loan Agreement and the documents and instruments related thereto; (ii) any amendments or modifications
thereto and any document, instrument or agreement related thereto and the discussion, negotiation,
preparation, approval, execution and delivery of any and all documents necessary or desirable to effect such
amendments or modification; and (iii) the enforcement by the Issuer during the term of this Loan Agreement
or thereafter of any of the rights or remedies of the Issuer under this Loan Agreement or any document,
instrument or agreement related thereto, including, without limitation, costs and expenses of collection in
the event of default, whether or not suit is filed with respect thereto.
The Borrower acknowledges and agrees that the Issuer shall not be liable to the Borrower, and
releases and discharges the Issuer from any liability, for any and all losses, costs, expenses (including
reasonable attorneysÓ fees), damages, judgments, claims and causes of action, paid, incurred or sustained
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by the Borrower as a result of or relating to any action, or failure or refusal to act, on the part of the Issuer
with respect to this Loan Agreement or the documents and transaction related thereto, including, without
limitation, the exercise by the Issuer of any of its rights or remedies pursuant to this Loan Agreement or
any related document and instrument.
Reports to Governmental Agencies. The Borrower shall furnish to agencies of the State, including
but not limited to the Minnesota Housing Finance Agency, such periodic reports or statements as are
required under the Act or Minnesota Statutes, Chapter 474A, as amended, or as they may otherwise
reasonably require of the Issuer or the Borrower throughout the term of this Loan Agreement in connection
with the transaction contemplated herein; provided, however, the Issuer shall promptly notify the Borrower
of any reports or statements being required by agencies of the State of which the Issuer has received notice
to allow the Borrower a reasonable and adequate amount of time to prepare and submit any such reports or
statements. Copies of such reports shall be provided, upon request, to the Issuer and, upon request, to the
Purchaser.
Security for the Loan. As additional security for the Loan, and to induce the Issuer to issue and
deliver the Note, the Borrower agrees to execute and deliver such other documents requested by the
Purchaser, in such places and in such manner as the Purchaser deems necessary or desirable to perfect or
protect the security interest of the Purchaser in and to the Project and other collateral referred to in such
documents. Furthermore, the Borrower agrees to cause the Guarantor to execute and deliver the Guaranty
and agrees to cause the Guarantor to meet all of its obligations under the Guaranty, which shall remain in
effect until all payments required hereunder have been made.
Preservation of Tax Exemption.
In order to ensure that interest on the Note shall at all times be excludable from gross income for
federal income tax purposes, the Borrower represents, warrants, and covenants with the Issuer and the
Purchaser that it shall comply with applicable provisions of Section 103 and Sections 141 through 150 of
the Code and applicable Treasury Regulations promulgated thereunder as follows:
The Borrower shall have entered into an agreement to purchase the Land on or before the
date of delivery of the Note, and no more than twenty-five percent (25%) of the net proceeds of the
Note shall be allocated to the acquisition of the Land; the Project shall continue to be owned and
operated by the Borrower, except as provided in Section 4.6, and in no event shall the Project be
managed in a manner that would cause interest on the Note to be included in gross income for
federal income tax purposes.
The Borrower shall fulfill all continuing conditions specified in Section 142 of the Code
and Section 1.103-8(b) of the Treasury Regulations applicable thereunder, to qualify the Note as
an Ðexempt facility bondÑ issued to provide a Ðqualified residential rental projectÑ thereunder and
to qualify the Facility as a Ðqualified residential rental projectÑ thereunder; and the Borrower shall
fulfill its obligations under the Regulatory Agreement.
The Borrower covenants and agrees that it will not (i) use or permit the use of any of the
funds provided by the Issuer hereunder or any other funds of the Borrower, directly or indirectly,
in such manner as would, (ii) enter into, or allow any Ðrelated personÑ (as defined in Section
147(a)(2) of the Code) to enter into, any arrangement, formal or informal, for the purchase of the
Note that would, or (iii) take or omit to take any other action that would, in each case cause the
Note to be an Ðarbitrage bondÑ within the meaning of Section 148 of the Code.
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The Borrower understands that the Code imposes a penalty for failure to file with the
Secretary of the Treasury an annual certification of compliance with low income occupancy
requirements (currently under an Annual Certification of a Residential Rental Project, Form 8703
(Rev. September 2013)), and if the requirements for a Ðqualified residential rental projectÑ are not
met, does not allow deduction for interest paid on the Note which accrues during the period
beginning on the first day of the taxable year in which the Project ceases to meet such requirements
and ending on the date the Project again meets such requirements.
In order to qualify the Note and this Loan Agreement under the Ðgovernmental programÑ
provisions of Section 1.148-2(d)(2)(iii) of the Treasury Regulations, the Borrower (and any Ðrelated
personÑ thereto) shall take no action the effect of which would be to disqualify this Loan Agreement
as a Ðprogram investmentÑ under Section 1.148-1(b), including but not limited to entering into any
arrangement, formal or informal, for the Borrower or any related person to purchase any obligations
that finance the program in an amount related to the amount of the Agreement. Notwithstanding
the foregoing, the Issuer understands that the Borrower has an obligation to repurchase the Note
from the Purchaser on or before December 1, 2018 (the ÐMandatory Purchase DateÑ), which may
be extended by the Borrower as provided in the Note, and if the Borrower is unable to find
replacement financing, the Borrower may be the holder of the Note for a period of time after the
Mandatory Purchase Date.
The Borrower has not paid or incurred any costs to be reimbursed from proceeds of the
Note before the date sixty (60) days before July 10, 2017, the date of adoption by the Issuer of a
written declaration of official intent which complies with the provisions of Treasury Regulations,
Section 1.150-2(d) and (e), except for Ðpreliminary expendituresÑ (within the meaning of Treasury
Regulations, Section 1.150-2(f)(2)) for the Project, including engineering or architectural expenses
and similar preparatory expenses, which in the aggregate do not exceed twenty percent (20%) of
the aggregate Ðissue priceÑ of the Note, or expenditures in the de minimis amount of $100,000 (as
defined in Treasury Regulations, Section 1.150-2(f)(1)).
The weighted average maturity of the Note shall not exceed the estimated economic life of
the Project by more than twenty percent (20%), all within the meaning of Section 147(b) of the
Code.
While the Note remains outstanding, no portion of the proceeds of the Note shall be used
to provide any airplane, skybox or other private luxury box, any facility primarily used for
gambling, or a store, the principal business of which is the sale of alcoholic beverages for
consumption off premises.
Any Issuance Expenses financed by the Note shall not exceed two percent (2%) of the
proceeds of the Note. Except as permitted by Treasury Regulations 1.148-6(d)(3)(ii), none of the
proceeds of the Note will be used for working capital purposes.
The Borrower shall not use the proceeds of the Note in such manner as to cause the Note
to be an Ðarbitrage bondÑ within the meaning of Section 148 of the Code and applicable Treasury
Regulations.
The Borrower, on behalf of the Issuer, shall pay to the United States, as a rebate, an amount
equal to the sum of (A) the excess of (i) the aggregate amount earned on all nonpurpose investments
(other than investments attributable to an excess described in this clause), over (ii) the amount
which would have been earned if all nonpurpose investments were invested at a rate equal to the
yield on the Note, plus (B) any income attributable to the excess described in clause (A), at the
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times and in the amounts required by Section 148(f) of the Code and applicable Treasury
Regulations, all within the meaning of Section 148(f) of the Code and applicable Treasury
Regulations. The Borrower shall maintain records of the interest rate borne by the Note and
earnings thereon in adequate detail to enable the Borrower to calculate the amount of any rebate
required to be made to the United States at times and in installments which satisfy Section 148(f)
of the Code and applicable Treasury Regulations, at least once every five (5) years and within sixty
(60) days after the day on which the Note is paid in full. Calculations of the amount to be rebated
shall be made at least once every five (5) years (or at such other times as may be required by Section
148(f) of the Code and applicable Treasury Regulations) and the Purchaser shall be furnished with
such calculations within sixty (60) days of the time they are made. If the Purchaser is not furnished
with such calculations, the Purchaser may undertake to have such calculations made at the expense
of the Borrower. Such calculations shall be retained until six (6) years after the Note is paid in full.
The rebate shall be calculated as provided in Section 148(f) of the Code and Treasury Regulations,
Sections 1.148-0 through 1.148-9, including taking into account the gain or loss on the disposition
of nonpurpose investments. The Borrower shall acquire, and shall cause the Purchaser to acquire,
all nonpurpose investments at their fair market value in armÓs length transactions.
The Borrower has not leased, sold, assigned, granted, or conveyed and shall not lease, sell,
assign, grant, or convey all or any portion of the Project or any interest therein to the United States,
or any agency or instrumentality thereof, within the meaning of Section 149(b) of the Code.
In addition to the Note, no other obligations have been or shall be issued under Section 103
of the Code which are sold at substantially the same time as the Note under a common plan of
marketing and at substantially the same rate of interest as the Note and which are payable in whole
or part by the Borrower or otherwise have with the Note any common or pooled security for the
payment of debt service thereon, or which are otherwise treated as the same Ðissue of obligationsÑ
as the Note under Treasury Regulations, Section 1.50(1)(c)(1).
The rehabilitation expenditures, within the meaning of Section 147(d) of the Code, with
respect to the rehabilitation of the Facility will equal or exceed fifteen percent (15%) of the portion
of the cost of acquiring such project financed with the proceeds of the Note.
The Borrower shall observe the requirements of this Loan Agreement with respect to the
obligations imposed by applicable provisions of the Code and the representations, warranties,
covenants, and requirements of the Borrower Tax Certificate.
No proceeds of the Note shall be invested in investments which cause the Note to be
federally guaranteed within the meaning of Section 149(b) of the Code.
The Borrower shall not otherwise use the proceeds of the Note, or take or fail to take any
action, the effect of which would be to impair the exclusion of interest on the Note from gross
income for federal income tax purposes.
For the purpose of this Section, a ÐDetermination of TaxabilityÑ shall mean the issuance of a
statutory notice of deficiency by the Internal Revenue Service, or a ruling of the National Office or any
District Office of the Internal Revenue Service, or a final decision of a court of competent jurisdiction, or
a change in any applicable federal statute, which holds or provides in effect that the interest payable on the
Note is included, for federal income tax purposes under Section 103 of the Code, in the gross income of the
Purchaser or any other holder or prior holder of the Note, if the period, if any, for contest or appeal of such
action, ruling, or decision by the Borrower or Purchaser or any other interested party has expired without
any such contest or appeal having been properly instituted by the Purchaser, the Borrower, or any other
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interested party. The expenses of any such contest shall be paid by the party initiating the contest, and
neither the Purchaser nor the Borrower shall be required to contest or appeal any Determination of
Taxability. The ÐDate of TaxabilityÑ shall mean that point in time, as specified in the determination, ruling,
order, or decision, that the interest payable on the Note becomes includable in the gross income of the
Purchaser or any other holder or prior holder of the Note, as the case may be, for federal income tax
purposes.
(3) If the Purchaser receives notice of a ÐDetermination of TaxabilityÑ with respect to the Note
and delivers to the Borrower a copy of that notice, the rate of interest on the Note shall be automatically
adjusted and additional charges shall be paid as provided in the Note and the Borrower shall be obligated
to pay the same as provided in Section 3.3 herein.
(4) If the Borrower becomes aware of a Determination of Taxability it shall promptly give
notice of such Determination of Taxability to the Issuer and the Purchaser.
Lease or Sale of Facility. The Borrower shall not lease, sell, convey or otherwise transfer the
Facility in whole or part, nor sell the Facility in whole or part, without first securing the written consent of
the Purchaser; provided that in no event shall any lease, transfer, assignment, or sale be permitted if the
effect thereof would be to cause the Note to be deemed issued in violation of any requirement under Section
142(a) of the Code, and the Treasury Regulations promulgated thereunder, that substantially all of the net
proceeds of the Note be used to provide a qualified residential rental project, or under the Act that no portion
of the Facility to be financed from proceeds of the Note be acquired in whole or part for sale, nor shall any
such transaction be permitted if the effect thereof would otherwise be to impair the validity or the tax-
exempt status of the Note, nor shall any such transaction release the Borrower of any of its obligations
under this Loan Agreement. The Borrower shall promptly notify the Issuer and the Purchaser of any such
sale, transfer, assignment, or lease. Nothing contained in this Section shall prohibit the Borrower from (a)
entering into leases with residential tenants in the ordinary course of business, or (b) entering into easement
or other agreements necessary for the operation of the Facility. Any transfer of any interest in the Borrower
shall require the consent of the Purchaser, which shall not be unreasonably withheld, delayed or
conditioned.
Facility Operation and Maintenance Expenses.
The Borrower shall pay all expenses of the operation and maintenance of the Facility including,
but without limitation, adequate insurance thereon and insurance against all liability for injury to persons
or property arising from the operation thereof, and all taxes and special assessments levied upon or with
respect to the Facility and payable during the term of this Loan Agreement.
The Facility shall not be used for purposes which violate any federal, State or other laws prohibiting
discrimination in access or employment based on race, creed, sex, handicap, ethnic origin, age or marital
status.
Notification of Changes. The Borrower covenants and agrees that it will promptly notify the
Purchaser of:
any litigation which might materially and adversely affect the Borrower or the Facility;
the occurrence of any Event of Default under this Loan Agreement or under any other loan
agreement, debenture, note, purchase agreement or any other agreement providing for the borrowing of
money by the Borrower or any event of which the Borrower has knowledge and which, with the passage of
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time or giving of notice, or both, would constitute an Event of Default under this Loan Agreement or under
such other agreements; and
any material adverse change in the operations, business, properties, assets or conditions, financial
or otherwise, of the Borrower.
Financial Statements. The Borrower will cause to be prepared annual financial statements for the
Borrower, the General Partner, and the Guarantor (including a balance sheet, statement of income and
statement of changes in financial position which may be done on a consolidating basis) and certified by an
independent certified public accountant, and within ninety (90) days of the close of each fiscal year will
furnish a copy to the Purchaser along with a copy of annual filed tax returns containing all schedules and
exhibits within thirty (30) days of the Borrower, the General Partner, and the Guarantor filing such tax
returns annually.
IRS Audit Expenses. The Borrower agrees to pay any costs incurred by the Issuer or the Purchaser
as a result of the IssuerÓs or the PurchaserÓs compliance with an audit, random or otherwise, by the Internal
Revenue Service or the Minnesota Department of Revenue with respect to the Note or the Project.
Compliance with IssuerÓs Private Activity Bond Policy. The Borrower agrees to comply with the
IssuerÓs post-issuance compliance policy related to tax-exempt financing.
Reserve Fund. The Borrower shall maintain a Reserve Fund in the amount of $50,001. The
Borrower shall make the initial deposit of $50,001 into the Reserve Fund on the date of Closing with equity
of the Borrower. Amounts in the Reserve Fund may be used to make up any deficiencies in debt service
payments on the Note when due and the Reserve Fund shall be collateral for the Loan held by the Purchaser.
If at any time the amount in the Reserve Fund is less than $50,001, the Purchaser shall request the
amount of deficiency from the Borrower for deposit to the Reserve Fund. Within ten (10) days of the
PurchaserÓs written request to replenish the Reserve Fund, the Borrower shall make a deposit to replenish
the full amount of the deficiency in the Reserve Fund. The money credited to the Reserve Fund is subject
to yield restriction under the provisions of Section 148 of the Code. Accordingly, all of the money credited
to the Reserve Fund shall be invested in tax-exempt bonds (as defined in Section 150(a)(6) of the Code)
that are not subject to the alternative minimum tax imposed by Section 55 of the Code, unless the Borrower
and the Purchaser shall have received an opinion of Bond Counsel to the effect that an investment of money
in the Reserve Fund in an alternative investment proposed by the Borrower and approved by the Purchaser
would not cause interest on the Note to become includable in gross income for federal income tax purposes.
All income derived from the investment of amounts on hand in the Reserve Fund shall remain in and be
credited as received to the Reserve Fund until such time as the balance therein (valued at the outstanding
stated principal amount of investments therein) is equal to $50,001. Thereafter all such investment income
shall be transferred as received to the Borrower. Amounts in the Reserve Fund, if not previously used as
aforesaid, shall be applied against the final installments of principal of and interest due on the Note.
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J6, Attachment 3
PREPAYMENT OF LOAN
Prepayment at Option of Borrower. The Borrower may at its option prepay the Loan, in whole or
in part, by prepaying a like amount of the Principal Balance of the Note, but only in the manner, at the times
and under the conditions provided in the Note.
Other Prepayment Provisions. The Loan shall also be subject to prepayment if and to the extent the
Note is subject to prepayment other than as described in Section 5.1.
Partial Prepayment. If the Loan is prepaid hereunder only in part, the Purchaser shall apply any
prepayment first against reasonable attorneysÓ fees and collection costs, second against accrued interest due
under the Note, and then against the Principal Balance due under the Note; and the Borrower shall continue
to pay in full the monthly payments due under the Note until the entire Principal Balance and accrued
interest due on the Note and any other charges or premiums due hereunder or under the Note have been
paid.
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J6, Attachment 3
EVENTS OF DEFAULT AND REMEDIES
Events of Default. Any one or more of the following events is an Event of Default continuing
beyond the applicable cure period under this Loan Agreement:
If the Borrower shall fail to make (a) any payments required under Section 3.3 of this Loan
Agreement on the date due, or (b) any other payment due under this Loan Agreement (except for payments
required under Section 3.3 hereof) on or before the date that the payment is due, and such default continues
for ten (10) days after written notice given to the Borrower by the Issuer or the Purchaser as provided in the
Note.
If the Borrower shall fail to observe and perform any other covenant, condition or agreement on its
part under this Loan Agreement for a period of thirty (30) days after written notice (a ÐDefault NoticeÑ),
specifying such default and requesting that it be remedied, is given to the Borrower by the Issuer or the
Purchaser, unless the Purchaser shall agree in writing to an extension of such time prior to its expiration, or
for such longer period as may be reasonably necessary to remedy such default provided that the Borrower
is proceeding with reasonable diligence to remedy the same, but not exceeding sixty (60) days after the
Default Notice is given.
If the Borrower shall file a petition in bankruptcy or for reorganization or for an arrangement
pursuant to any present or future federal bankruptcy act or any similar federal or state law, shall consent to
the entry of an order for relief pursuant to any present or future federal bankruptcy act or under any similar
federal or state law, or shall make an assignment for the benefit of its creditors or shall admit in writing its
inability to pay its debts generally as they become due, or if a petition or answer proposing the entry of an
order for relief of the Borrower under any present or future federal bankruptcy act or any similar federal or
state law shall be filed in any court and such petition or answer shall not be discharged or denied within
ninety (90) days after the filing thereof, or a receiver, trustee or liquidator of the Borrower or of all or
substantially all of the assets of the Borrower or of the Facility shall be appointed in any proceeding brought
against the Borrower and shall not be discharged within ninety (90) days after such appointment or if the
Borrower shall consent to or acquiesce in such appointment, or if the estate or interest of the Borrower in
the Facility or a part thereof shall be levied upon or attached in any proceeding and such process shall not
be vacated or discharged within ninety (90) days after such levy or attachment; if the Borrower shall be
dissolved or liquidated or shall be merged with or be acquired by another business entity in violation of
Section 4.5.
If the Partnership Agreement of the Borrower shall expire or be annulled; if the Partnership
Agreement of the Borrower shall be amended or modified without the consent of the Purchaser, which shall
not be unreasonably delayed, withheld or conditioned; or if the Borrower shall be dissolved or liquidated
(other than when a new entity assumes the obligations of the Borrower under the conditions permitting such
action contained in Section 4.5).
If any representation or warranty made by the Borrower herein, or by an officer or representative
of the Borrower in any document or certificate furnished the Purchaser or the Issuer in connection herewith
or therewith or pursuant hereto or thereto, shall prove at any time to be, in any material respect, incorrect
or misleading as of the date made.
If the Borrower shall default or fail to perform any covenant, condition or agreement on its part
under the Disbursing Agreement, the Regulatory Agreement, the Note, or any other document securing the
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J6, Attachment 3
Note, and such failure continues beyond the period set forth in such documents during which the Borrower
may cure the default.
Remedies. Whenever any Event of Default referred to in Section 6.1 hereof shall have happened
and be subsisting, any one or more of the following remedial steps, to the extent permitted by law, may be
taken by the Issuer with the prior written consent of the Purchaser (except that rights arising under the
sections listed in Section 7.9 hereof may not require such consent in order to be exercised by the Issuer) or
by the Purchaser itself:
The Issuer, upon written direction of the Purchaser, or the Purchaser may declare, upon ten (10)
daysÓ written notice to the Borrower, all installments of the Loan (being an amount equal to that necessary
to pay in full the Principal Balance of plus accrued interest on the Note, assuming acceleration of the Note
under the terms thereof, and to pay all other indebtedness thereunder) to be immediately due and payable,
whereupon the same shall become immediately due and payable by the Borrower.
The Issuer, upon written direction of the Purchaser (except as otherwise provided in Section 7.9
herein), or the Purchaser (in either case at no expense to the Issuer) may take whatever action at law or in
equity may appear necessary or appropriate to collect the amounts then due and thereafter to become due
under this Loan Agreement, or to enforce performance and observance of any obligation, agreement or
covenant of the Borrower under this Loan Agreement.
(3) The PurchaserÓs obligation to advance any further amounts under the Disbursing
Agreement, if any, may terminate. Notwithstanding anything to the contrary contained herein or in any
other instrument evidencing or securing the Loan, the Purchaser may exercise the foregoing remedy upon
the occurrence of an event that would constitute such an Event of Default but for the requirement that notice
be given or that a period of cure or time elapse.
(4) The Purchaser may disburse any amounts remaining in the Project Fund and the Reserve
Fund first towards payment of accrued interest owing on the Note and then to the Principal Balance of the
Note in accordance with the terms of the Note.
(5) The Purchaser may exercise its rights under the Guaranty.
In addition, the Purchaser will have such remedies as are provided in the Assignment and the Disbursing
Agreement upon an Event of Default under this Loan Agreement.
Disposition of Funds. Notwithstanding anything to the contrary contained in this Loan Agreement,
any amounts collected pursuant to action taken under Section 6.2 hereof, shall, after deducting all expenses
incurred in collecting the same, be applied as a prepayment of the Note in accordance with Section 5.1.
Manner of Exercise. No remedy herein conferred upon or reserved to the Issuer or the Purchaser
is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall
be cumulative and shall be in addition to every other remedy given under this Loan Agreement or now or
hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof,
but any such right and power may be exercised from time to time and as often as may be deemed expedient.
In order to entitle the Issuer or the Purchaser to exercise any remedy reserved to either of them in this
Article, it shall not be necessary to give any notice, other than such notice as may be herein expressly
required.
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J6, Attachment 3
Effect of Waiver. In the event any agreement contained in this Loan Agreement should be breached
by either party and the breach thereafter waived by the other party, such waiver shall be limited to the
particular breach so waived and shall not be deemed to waive any other breach hereunder.
AttorneysÓ Fees and Expenses. In the event the Borrower should default under any of the provisions
of this Loan Agreement and the Issuer or the Purchaser should employ attorneys or incur other expenses
for the collection of amounts due hereunder or the enforcement of performance of any obligation or
agreement on the part of the Borrower, the Borrower will on demand pay to the Issuer or the Purchaser the
reasonable fees and costs of such attorneys and such other expenses so incurred.
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J6, Attachment 3
GENERAL
Notices. All notices, certificates or other communications hereunder shall be sufficiently given and
shall be deemed given when received by certified or registered mail, postage prepaid, with proper address
as indicated below. The Issuer, the Borrower and the Purchaser may, by written notice given by each to
the others, designate any address or addresses to which notices, certificates or other communications to
them shall be sent when required as contemplated by this Loan Agreement. Until otherwise provided by
the respective parties, all notices, certificates and communications to each of them shall be addressed as
follows:
To the Issuer: City of Maplewood, Minnesota
1830 County Road B East
Maplewood, Minnesota 55109-2702
Attn: Ellen Paulseth, Finance Director
To the Purchaser: Bridgewater Bank
3800 American Boulevard West, Suite 100
Bloomington, MN 55431
Attn: ________________
With a copy to: Messerli & Kramer P.A.
1400 Fifth Street Towers
100 South Fifth Street
Minneapolis, MN 55402-1217
Attn: Michelle Jester, Esq.
To the Borrower: Maple Pond MDG Limited Partnership
c/o METIS Investments
4725 Excelsior Boulevard, Suite 510
Minneapolis, Minnesota 55416
Attn: ________________
With a copy to: Winthrop & Weinstine, P.A.
Capella Tower, Suite 3500
225 South Sixth Street
Minneapolis, MN 55402-4629
Attn: Jeffrey J. Koerselman, Esq.
Binding Effect. This Loan Agreement shall inure to the benefit of and shall be binding upon the
Issuer and the Borrower and their respective successors and assigns.
Severability. In the event any provision of this Loan Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
Amendments, Changes and Modifications. Except as otherwise provided in this Loan Agreement,
subsequent to the initial issuance of the Note and before the Note is satisfied and discharged in accordance
with its terms, this Loan Agreement may not be effectively amended, changed, modified, altered, or
terminated without the written consent of the Purchaser.
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J6, Attachment 3
Execution Counterparts. This Loan Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
Limitation of IssuerÓs Liability. No covenant, provision or agreement of the Issuer herein or in the
Note or in any other document executed by the Issuer (or any other party) in connection with the issuance,
sale and delivery of the Note, or any obligation herein or therein imposed upon the Issuer or respecting the
breach thereof, shall give rise to a pecuniary liability of the Issuer, its officers, employees or agents, or a
charge against the IssuerÓs general credit or taxing powers or shall obligate the Issuer, its officers,
employees or agents, financially in any way except with respect to this Loan Agreement and the application
of revenues herefrom and the proceeds of the Note. The Note shall be and constitutes only a special and
limited revenue obligation of the Issuer, payable solely from the revenues pledged to the payment thereof
pursuant to this Loan Agreement and the Assignment, and the Note does not now and shall never constitute
an indebtedness, a general or moral obligation or a loan of the credit of the Issuer, the State or any political
subdivision thereof or a lien, charge or encumbrance, legal or equitable, against the IssuerÓs general credit
or taxing powers or any of the IssuerÓs property. No failure of the Issuer to comply with any term, condition,
covenant or agreement therein shall subject the Issuer, its officers, employees or agents, to liability for any
claim for damages, costs or other financial or pecuniary charges except to the extent that the same can be
paid or recovered from this Loan Agreement or revenues therefrom or proceeds of the Note. No execution
on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit,
general funds or taxing powers of the Issuer. In making the agreements, provisions and covenants set forth
herein, the Issuer has not obligated itself except with respect to this Loan Agreement and the application of
revenues hereunder as hereinabove provided. It is further understood and agreed by the Borrower and the
Purchaser that the Issuer, its officers, employees or agents shall incur no pecuniary liability hereunder and
shall not be liable for any expenses related hereto, all of which the Borrower agrees to pay. If,
notwithstanding the provisions of this Section, the Issuer, its officers, employees or agents incurs any
expense, or suffers any losses, claims or damages or incurs any liabilities, the Borrower will indemnify and
hold harmless the Issuer, its officers, employees or agents from the same and will reimburse the Issuer, its
officers, employees or agents for any legal or other expenses incurred by the Issuer, its officers, employees
or agents in relation thereto, and this covenant to indemnify, hold harmless and reimburse the Issuer, its
officers, employees or agents shall survive delivery of and payment for the Note and expiration or
termination of this Loan Agreement. The liability of the Issuer is further restricted as provided in the Act.
Issuer AttorneysÓ Fees and Costs. The Borrower shall reimburse the Issuer and the Purchaser, upon
demand, for all costs and expenses, including without limitation attorneysÓ fees, paid or incurred by the
Issuer and the Purchaser in connection with (i) the discussion, negotiation, preparation, approval, execution
and delivery of the Note, this Loan Agreement, and the documents and instruments related hereto or thereto;
(ii) any amendments or modifications to any of the foregoing documents, instruments or agreements and
the discussion, negotiation, preparation, approval, execution and delivery of any and all documents
necessary or desirable to effect such amendments or modifications; (iii) the servicing and administration of
the Loan during the term hereof or thereafter; and (iv) the enforcement by the Issuer and the Purchaser
during the term hereof or hereafter of any of the rights or remedies of the Issuer and the Purchaser hereunder
or under the foregoing documents, or any document, instrument or agreement related hereto or thereto,
including, without limitation, costs and expenses of collection in the Event of Default, whether or not suit
is filed with respect thereto.
Release. The Borrower hereby acknowledges and agrees that the Issuer and the Purchaser shall not
be liable to the Borrower, and hereby releases and discharges the Issuer and the Purchaser from any liability,
for any and all losses, costs, expenses (including attorneysÓ fees), damages, judgments, claims and causes
of action, paid, incurred or sustained by the Borrower as a result of or relating to any action, or failure or
refusal to act, on the part of any party with respect to the Note, this Loan Agreement, or the documents and
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J6, Attachment 3
transactions related hereto or thereto or contemplated hereby or thereby, including, without limitation, the
exercise by any third party of any of its rights or remedies pursuant to any of such documents.
Assignment by Issuer and Survivorship of Obligations. The Issuer may assign its rights under this
Loan Agreement and any related documents to the Purchaser to secure payment of the principal of and
interest on the Note, conditioned upon the PurchaserÓs assumption of the IssuerÓs and PurchaserÓs
obligations to the Borrower hereunder, but any such assignment shall not operate to limit or otherwise affect
the following provisions hereof to the extent that they run to the Issuer from the Borrower to which extent
they shall survive any such assignment: Sections 3.4, 3.6, 4.1, 4.2, 4.4, 4.9, 6.6, 7.6, 7.7, 7.8, and 7.9.
Upon any such assignment, the provisions immediately above running to the Issuer from the
Borrower for the IssuerÓs benefit shall run jointly and severally to the Issuer and the Purchaser (if
appropriate), provided that the Issuer shall have the right to enforce any retained rights without the approval
of the Purchaser, but only if the Purchaser is not enforcing such rights in a manner to protect the Issuer or
is otherwise taking action with respect thereto that brings adverse consequences to the Issuer. The
obligations of the Borrower running to the Issuer for the purpose of preserving the tax-exempt status of the
Note or otherwise for the IssuerÓs benefit under the foregoing Sections shall survive repayment of the Note
and interest thereon.
Required Approvals. Consents and approvals required by this Loan Agreement to be obtained from
the Borrower, the Issuer or the Purchaser shall be in writing and shall not be unreasonably withheld or
delayed.
Termination Upon Retirement of Note. At any time when no Principal Balance on the Note remains
outstanding, and arrangements satisfactory to the Purchaser and the Issuer have been made for the discharge
of all other accrued liabilities, if any, under this Loan Agreement, this Loan Agreement shall terminate,
except as otherwise expressly provided in Section 7.9 or otherwise herein.
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J6, Attachment 3
IN WITNESS WHEREOF, the Issuer and the Borrower have caused this Loan Agreement to be
executed in their respective names all as of the day and year first above written.
CITY OF MAPLEWOOD, MINNESOTA
By
Its Mayor
By
Its City Manager
(Issuer Signature Page to Loan Agreement)
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J6, Attachment 3
MAPLE POND MDG LIMITED PARTNERSHIP,
a Minnesota limited partnership
By: ___________________,
a _________________________
Its: General Partner
By:
Its:
(Borrower Signature Page to Loan Agreement)
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J6, Attachment 4
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD, MINNESOTA
MULTIFAMILY HOUSING REVENUE NOTE
(MAPLE POND APARTMENTS PROJECT)
SERIES 2017
Principal Amount Dated Date Number
$11,200,000.00 December 1, 2017 R-1
For value received the CITY OF MAPLEWOOD, MINNESOTA, a statutory city, municipal
corporation, and political subdivision duly organized and existing under the Constitution and laws of the
State of Minnesota (the ÐIssuerÑ or the ÐCityÑ), hereby promises to pay to BRIDGEWATER BANK, a
Minnesota banking corporation, its successors or registered assigns (the ÐPurchaserÑ), solely from the
source and in the manner hereinafter provided, the principal sum of Eleven Million Two Hundred Thousand
and no/100 Dollars ($11,200,000.00), or so much thereof as has been advanced hereunder and remains
unpaid from time to time (the ÐPrincipal BalanceÑ), with interest thereon at the rate of one percent (1.00%)
per annum or at such higher rate as may be hereinafter provided in Section 1(b), in any coin or currency
which, at the time or times of payment, is legal tender for the payment of public or private debts in the
United States of America, in accordance with the terms hereinafter set forth.
1.(a) Interest shall accrue on the advanced and outstanding Principal Balance from and
after the date hereof. Interest only on the advanced and outstanding Principal Balance of the Note shall be
due and payable on January 1, 2018 (unless extended with the consent of the Purchaser) and monthly
thereafter through and including December 1, 2058, (the ÐFinal Maturity DateÑ) or any earlier prepayment
date at which time the entire remaining Principal Balance and accrued interest shall be fully due and
payable.
(b) If the interest on this Note should become subject to federal income taxation pursuant to a
ÐDetermination of TaxabilityÑ as that term is defined in Section 4.4(2) of the Loan Agreement (the ÐLoan
AgreementÑ), dated as of December 1, 2017, between the Issuer and Maple Pond MDG Limited Partnership,
a Minnesota limited partnership (the ÐBorrowerÑ), and the Purchaser delivers to the Borrower a copy of the
notice of the ÐDetermination of Taxability,Ñ the interest rate shall be immediately adjusted to be equal to
the rate of 1.50% per annum and each monthly installment thereafter payable shall be accordingly adjusted.
In addition, the Purchaser shall be entitled to receive upon demand an amount equal to the aggregate
difference between (i) the monthly payments theretofore made to the Purchaser on this Note between the
ÐDate of Taxability,Ñ as that term is defined in Section 4.4(2) of the Loan Agreement, and the date of receipt
by the Borrower of notice of such ÐDetermination of TaxabilityÑ and (ii) the monthly payments which
would have been made during such period if the adjusted rate had been in effect throughout such period.
2.In any event, the payments hereunder shall be sufficient to pay all principal and interest
due, as such principal and interest become due, at maturity, upon redemption, or otherwise. Interest shall
be computed on the basis of a 360-day year but shall be payable on the actual days elapsed.
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J6, Attachment 4
3.Principal and interest due hereunder shall be payable at the office of the Purchaser set forth
in the attached Note register, or at such other place as the Purchaser may designate in writing.
4.This Note is issued by the Issuer to provide funds for a project, as defined in Minnesota
Statutes, Section 462C, as amended, consisting of 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 ÐProjectÑ), and this Note is issued
pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly
Minnesota Statutes, Chapter 462C, as amended, and pursuant to a resolution of the governing body of the
Issuer duly adopted on November 13, 2017 (the ÐResolutionÑ).
5.This Note is secured by an Assignment of Loan Agreement, dated as of December 1, 2017,
between the Issuer and the Purchaser (the ÐAssignmentÑ). As security for the BorrowerÓs obligations under
the Loan Agreement, __________, a ____________, will execute and deliver to the Purchaser a Guaranty
Agreement, dated as of December 1, 2017 (the ÐGuarantyÑ). Amounts held by the Purchaser relating to the
Note shall be disbursed pursuant to the Disbursing Agreement dated as of the date hereof between the
Borrower and the Purchaser (the ÐDisbursing AgreementÑ). The Purchaser shall authorize disbursements
from the Project Fund to or at the order of the Borrower upon compliance with the terms and conditions of
the Disbursing Agreement. The Borrower, the Purchaser and the Issuer have entered into a Regulatory
Agreement, dated as of December 1, 2017 (the ÐRegulatory AgreementÑ), requiring compliance with certain
requirements of federal and state law relating to the construction and operation of the Project as a residential
rental housing project.
The Issuer, for itself, its successors and assigns, hereby waives demand, presentment, protest and
notice of dishonor, and to the extent permitted by law, the Purchaser may extend the due date of interest
and/or principal of this Note, or release any part or parts of the property and interest subject to any security
document from the same, all without notice to or consent of any party liable hereon or thereon and without
releasing any such party from such liability and whether or not as a result thereof the interest on the Note
is no longer exempt from the federal or state income tax.
6.In lieu of providing for a balloon maturity of this Note prior to the Maturity Date, the
Purchaser has agreed to the terms of this paragraph. At the option of the Purchaser, this Note is subject to
mandatory purchase at a purchase price equal to the entire outstanding Principal Balance hereof plus
accrued interest thereon (the ÐPurchase PriceÑ) by the Borrower, or another purchaser selected by the
Borrower and approved by the Issuer, on any date on or after December 1, 2018, unless such date is
extended as provided below (the ÐMandatory Purchase DateÑ) upon notice, written or printed, delivered, at
least 60 days prior to such Mandatory Purchase Date, to the Borrower at the address provided in the Loan
Agreement or by telex or other means of written or printed instantaneous communication (the ÐTender
NoticeÑ) stating: (1) the Mandatory Purchase Date, (2) the PurchaserÓs intent to require the purchase of
this Note on the Mandatory Purchase Date and (3) the then outstanding Principal Balance of this Note.
Upon the giving of such notice the entire Purchase Price shall be due and payable in full by the Borrower
on the applicable Mandatory Purchase Date and the Purchaser shall deliver the Note to the Borrower, or its
designee, on the Mandatory Purchase Date. If this Note is not purchased from the Purchaser by or on behalf
of the Borrower on the Mandatory Purchase Date, the failure to purchase this Note shall constitute an event
of default under this Note and an ÐEvent of DefaultÑ under the Loan Agreement, and the Purchaser may
exercise its remedies for default, including acceleration of this Note.
7.This Note may be prepaid in whole on any date at the option of the Borrower, upon 10
daysÓ prior written notice to the Purchaser, at a redemption price equal to the Principal Balance of the Note
plus accrued interest thereon, plus any reasonable attorneysÓ fees and costs.
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8.This Note is subject to extraordinary mandatory redemption or purchase in lieu of
redemption in whole but not in part, at a redemption price equal to the Principal Balance of the Note plus
accrued interest thereon, without premium, without notice, on the earlier of (i) the Mandatory Purchase
Date, unless such date is extended as provided below or (ii) the date the Purchaser transfers this Note to
another person through assignment or purchase, unless such date is extended as provided below, if the
Refunding (as defined in the Loan Agreement) of the Note has not occurred on or before such date. The
Mandatory Purchase Date shall be extended at the option of the Borrower \[(a) by __ months, one time, by
paying the Purchaser an extension fee of $_____, provided, there is not an Event of Default or an event
with notice and passage of time would become an Event of Default and (b) thereafter,\] one or more times,
to a date not later than December 1, 2020 with the consent of the Purchaser and upon delivery to the
Purchaser of an opinion of Bond Counsel to the effect that such extension will not adversely affect the tax
exempt status of interest paid on this Note.
9.In the event of prepayment of this Note, the Purchaser shall apply any such prepayment
first against reasonable attorneysÓ fees and collection costs, second against the accrued interest on the
Principal Balance and then against the principal amounts due under the Note. The monthly payments due
under paragraph 1 hereof shall continue to be due and payable in full until the entire Principal Balance and
accrued interest due on this Note have been paid regardless of any partial prepayment made hereunder
unless otherwise agreed to by the Purchaser.
10.All of the agreements, conditions, covenants, provisions and stipulations contained in the
Resolution, the Loan Agreement, the Disbursing Agreement, the Guaranty and the Assignment are hereby
made a part of this Note to the same extent and with the same force and effect as if they were fully set forth
herein.
11.This Note and interest thereon are payable solely from the revenues and proceeds derived
from the Loan Agreement, the Assignment, the Guaranty and the Disbursing Agreement and do not
constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation, are not
payable from or a charge upon any funds of the Issuer other than the revenues and proceeds pledged to the
payment thereof, and do not give rise to a pecuniary liability of the Issuer or any of its officers, agents or
employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power
of the Issuer to pay this Note or the interest thereon, or to enforce payment thereof against any property of
the Issuer, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any
property of the Issuer, and the agreement of the Issuer to perform or cause the performance of the covenants
and other provisions herein referred to shall be subject at all times to the availability of revenues or other
funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such
performance or the enforcement thereof.
12.It is agreed that time is of the essence of this Note. If an Event of Default (as that term is
defined in the Disbursing Agreement or the Loan Agreement) shall occur, then the Issuer, upon written
direction of the Purchaser, or the Purchaser shall have the right and option to declare the Principal Balance
and accrued interest thereon, immediately due and payable, whereupon the same shall be due and payable,
but solely from sums made available under the Loan Agreement, the Assignment, the Guaranty and the
Disbursing Agreement. Failure to exercise such option at any time shall not constitute a waiver of the right
to exercise the same at any subsequent time.
13.The remedies of the Purchaser, as provided herein and in the Loan Agreement, the
Assignment, the Guaranty and the Disbursing Agreement, are not exclusive and shall be cumulative and
concurrent and may be pursued singly, successively or together, at the sole discretion of the Purchaser, and
may be exercised as often as occasion therefore shall occur; and the failure to exercise any such right or
remedy shall in no event be construed as a waiver or release thereof.
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J6, Attachment 4
14.The Purchaser shall not be deemed, by any act of omission or commission, to have waived
any of its rights or remedies hereunder unless such waiver is in writing and signed by the Purchaser, and
then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not
be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event.
15.As provided in the Resolution and subject to certain limitations set forth therein, this Note
is only transferable upon the books of the Issuer at the office of the City Finance Director, by the Purchaser
in person or by its agent duly authorized in writing, at the PurchaserÓs expense, upon surrender hereof
together with a written instrument of transfer satisfactory to the City Finance Director, duly executed by
the Purchaser or its duly authorized agent. Upon such transfer the City Finance Director will note the date
of registration and the name and address of the new registered owner in the registration blank appearing
below. The Issuer may deem and treat the person in whose name the Note is last registered upon the books
of the Issuer with such registration noted on the Note, as the absolute owner hereof, for the purpose of
receiving payment of or on the account of the Principal Balance or interest, whether or not overdue, and for
all other purposes, and all such payments so made to the Purchaser or upon its order shall be valid and
effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and
the Issuer shall not be affected by any notice to the contrary.
16.This Note has been issued without registration under state or federal or other securities
laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or
transferred in whole or part, nor may a participation interest in the Note be given pursuant to any
participation agreement, except in accordance with the Resolution and an applicable exemption from such
registration requirements.
17.THIS NOTE, INTEREST HEREON, AND ANY PENALTY OR CHARGE OR ANY
AMOUNTS PAYABLE HEREUNDER, OR HOWEVER DESIGNATED, IS A SPECIAL LIMITED
OBLIGATION OF THE ISSUER PAYABLE SOLELY FROM THE REVENUES AND PROCEEDS
PLEDGED HERETO. THIS NOTE AND THE INTEREST HEREON DO NOT CONSTITUTE OR GIVE
RISE TO A PECUNIARY LIABILITY, GENERAL OR MORAL OBLIGATION OR A PLEDGE OF
THE FULL FAITH AND CREDIT OR TAXING POWER OF THE ISSUER, THE STATE OF
MINNESOTA, OR ANY POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA WITHIN THE
MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATIONS AND ARE NOT
PAYABLE FROM OR A CHARGE UPON ANY FUNDS OF THE ISSUER OTHER THAN THE
REVENUES AND PROCEEDS PLEDGED BY THE ISSUER TO THE PAYMENT HEREOF AND DO
NOT GIVE RISE TO A PECUNIARY LIABILITY OF THE ISSUER OR ITS OFFICERS, AGENTS OR
EMPLOYEES AND NO HOLDER OF THIS NOTE SHALL EVER HAVE THE RIGHT TO COMPEL
ANY EXERCISE OF THE TAXING POWER OF THE ISSUER OR THE STATE OR ANY OF ITS
POLITICAL SUBDIVISIONS TO PAY THIS NOTE OR TO ENFORCE PAYMENT HEREOF
AGAINST ANY PROPERTY OF THE ISSUER OR ANY POLITICAL SUBDIVISION OF THE STATE
OF MINNESOTA. THIS NOTE DOES NOT CONSTITUTE A CHARGE, LIEN OR ENCUMBRANCE,
LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE ISSUER, AND THE AGREEMENT OF
THE ISSUER TO PERFORM OR CAUSE THE PERFORMANCE OF THE COVENANTS AND OTHER
PROVISIONS HEREIN REFERRED TO SHALL BE SUBJECT AT ALL TIMES TO THE
AVAILABILITY OF REVENUES OR OTHER FUNDS FURNISHED FOR SUCH PURPOSE IN
ACCORDANCE WITH THE LOAN AGREEMENT SUFFICIENT TO PAY ALL COSTS OF SUCH
PERFORMANCE OR THE ENFORCEMENT HEREOF. NEITHER THE STATE OF MINNESOTA
NOR THE ISSUER NOR ANY OTHER POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA
SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF THIS NOTE OR INTEREST HEREON OR
OTHER COSTS INCIDENT HERETO EXCEPT FROM REVENUES PLEDGED THEREFOR UNDER
THE LOAN AGREEMENT AND THE ASSIGNMENT, AS MORE FULLY SET FORTH IN THOSE
DOCUMENTS. NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POWER, IF ANY,
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OF THE ISSUER, THE STATE OF MINNESOTA, NOR ANY POLITICAL SUBDIVISION THEREOF
IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF THIS NOTE OR INTEREST HEREON
OR OTHER COSTS INCIDENT HERETO. THIS NOTE IS NOT A DEBT OF THE UNITED STATES
OF AMERICA OR ANY OTHER AGENCY THEREOF AND IS NOT GUARANTEED BY THE FULL
FAITH AND CREDIT OF THE UNITED STATES OF AMERICA. THIS NOTE IS NEITHER A
MORAL NOR AN ANNUAL APPROPRIATION OBLIGATION OF THE ISSUER, THE STATE OR
ANY POLITICAL SUBDIVISION THEREOF. THE PROVISIONS OF THIS PARAGRAPH SHALL,
FOR PURPOSES OF THIS NOTE, BE CONTROLLING AND SHALL BE GIVEN FULL FORCE AND
EFFECT, ANYTHING ELSE TO THE CONTRARY IN THIS NOTE NOTWITHSTANDING.
IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist,
happen, and be performed precedent to or in the issuance of this Note do exist, have happened, and have
been performed in regular and due form as required by law.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the Issuer has caused this Note to be duly executed in its name by the
manual signatures of its Mayor and City Manager, the corporate seal having been intentionally omitted as
permitted by law, and has caused this Note to be dated as of the date first written above.
CITY OF MAPLEWOOD, MINNESOTA
By: _________________________________________
Its: Mayor
By: _________________________________________
Its: City Manager
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CERTIFICATE OF REGISTRATION
The ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is
registered on the books of the City of Maplewood, Minnesota in the name of the holder last noted below.
Name and Address Signature of
Date of Registration Registered Owner City Finance Director
Bridgewater Bank
3800 American Blvd., Suite 100
_____________, 2017 Bloomington, MN 55431
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1.DISBURSING AGREEMENT
This DISBURSING AGREEMENT is made as of December 1, 2017 (the ÐDisbursing
AgreementÑ), by and between MAPLE POND MDG LIMITED PARTNERSHIP, a Minnesota limited
partnership (the ÐBorrowerÑ), and BRIDGEWATER BANK, a Minnesota banking corporation (the
ÐPurchaserÑ).
RECITALS
WHEREAS, the City of Maplewood, Minnesota (the ÐIssuerÑ or the ÐCityÑ) has provided for the
issuance and sale of its Multifamily Housing Revenue Note (Maple Pond Apartments Project), Series 2017
(the ÐNoteÑ), in the aggregate principal amount not to exceed $11,200,000; and
WHEREAS, by a Loan Agreement, dated as of December 1, 2017 (the ÐLoan AgreementÑ),
between the Issuer and the Borrower, the Issuer has agreed to lend the proceeds of its Note to the Borrower
for use in financing 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 ÐProjectÑ); and
WHEREAS, by an Assignment of Loan Agreement, dated as of December 1, 2017, between the
Issuer and the Purchaser, the Issuer has assigned to the Purchaser the IssuerÓs interest in the Loan Agreement
(except for certain rights retained by the Issuer under the provisions of Section 7.9 of the Loan Agreement);
and
WHEREAS, by a Regulatory Agreement, dated as of December 1, 2017 (the ÐRegulatory
AgreementÑ), between the Issuer, the Borrower, and the Purchaser, the Borrower agrees to comply with
certain rental and occupancy requirements of federal and state law set forth therein; and
WHEREAS, the Loan Agreement provides that the proceeds of the Note shall be disbursed from
the Project Fund created hereunder to the Borrower in accordance herewith; and
NOW, THEREFORE, in consideration of the premises, the payment by the Borrower to the
Purchaser of a fee (receipt of which is acknowledged by the Purchaser), and of the mutual covenants and
agreements hereinafter set forth, it is agreed between the parties hereto as follows:
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DEFINITIONS
Defined Terms. Any terms not defined herein shall have the meanings as defined in the Loan
Agreement. As used in this Disbursing Agreement, the following terms shall have the meanings set out
respectively after each (such meanings to be equally applicable to both the singular and plural forms of the
terms defined):
Section 1.Appraisal: an acceptable appraisal of the market value of the completed Facility
and the Land (a) addressed to the Purchaser, (b) prepared by an appraiser approved by the Purchaser and
(c) conforming to all laws applicable to the Purchaser and otherwise in a form satisfactory to the Purchaser.
Section 2.
Section 3.Architect: the architect retained by the Borrower to design the Facility.
Section 4.
Section 5.ArchitectÓs Contract: the agreement between the Borrower and the Architect as to
preparation of the Plans and Specifications and rehabilitation of the Facility.
Section 6.
Section 7.Assignment: the Assignment of Loan Agreement, dated as of December 1, 2017,
between the Issuer and the Purchaser.
Section 8.
Section 9.Borrower: Maple Pond MDG Limited Partnership, a Minnesota limited
partnership.
Section 10.
Section 11.City: the City of Maplewood, Minnesota.
Section 12.
Section 13.Contractor: any person, including the General Contractor, who shall be engaged to
work on, or to furnish materials and supplies for, the Facility.
Section 14.
Section 15.Construction Contract: the agreement between the Borrower and the General
Contractor pursuant to which the General Contractor agrees to rehabilitate the Facility in accordance with
the Plans and Specifications for a fixed price or maximum cost.
Section 16.
Section 17.Disbursement: a disbursement by the Purchaser from the Project Fund to the
Borrower pursuant to Article II hereof.
Section 18.
Section 19.Draw Request: a request for a Disbursement made on a form approved by the
Purchaser and in accordance with Section 2.03 hereof.
Section 20.
Section 21.Event of Default: one of the events of default specified in Section 6.01 hereof and
the continuance of such event following the giving of any notice and the expiration of any cure period
specified in Section 6.01.
Section 22.
Section 23.Facility: the one hundred sixty-eight (168) existing affordable apartment units and
facilities functionally related and subordinate thereto, commonly known as Maple Pond Apartments,
located at 1854 Beebe Road in the City.
Section 24.
Section 25.General Contractor: the general contractor retained by the Borrower to rehabilitate
the Facility.
Section 26.
Section 27.General Partner: _____________, a _____________, its successors and assigns.
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Section 28.
Section 29.Governing Authorities: the Issuer and any other local, state or federal governing
authority having jurisdiction over the Project.
Section 30.
Section 31.Guarantor: _____________, a _____________.
Section 32.
Section 33.Guaranty: The Guaranty Agreement, dated December 1, 2017, by the Guarantor in
favor of the Purchaser, as it may be amended from time to time.
Section 34.
Section 35.Issuer: the City.
Section 36.
Section 37.Land: the land in the City, upon which the Facility is situated and is to be
rehabilitated.
Section 38.
Section 39.Loan: the loan to be made to the Borrower pursuant to the terms of the Loan
Agreement and to be disbursed in accordance with this Disbursing Agreement.
Section 40.
Section 41.Loan Agreement: shall have the meaning given to that term in the recitals to this
Disbursing Agreement.
Section 42.
Section 43.Note: shall have the meaning given to that term in the recitals to this Disbursing
Agreement.
Section 44.
Section 45.Organizational Documents: the following documents each of which shall be in
form and substance acceptable to the Purchaser:
Section 46.
(i) complete and correct copies of the Certificate of Formation and Certificate of
Limited Partnership of the Borrower as in effect on the date hereof, certified by the Secretary of
State of Minnesota as of a current date, and a complete and correct copy of the \[Agreement of
Limited Partnership\];
(ii) complete and correct copies of the Certificate of Organization and Articles of
Organization of the General Partner as in effect on the date hereof, certified by the Secretary of
State of Minnesota as of a current date, as well as a complete and correct copy of the Operating
Agreement, as in effect on the date hereof;
(iii) Certificates of Good Standing of the Borrower and the General Partner, duly issued
as of a current date by the Minnesota Secretary of State; and
(vii) copies of the resolutions of the Borrower and the General Partner authorizing the
execution, delivery and performance of those Loan Documents to which each is a party and the
transactions contemplated thereby, duly certified by an officer thereof.
Plans and Specifications: the plans and specifications for the Facility prepared and signed by the
Architect and approved by the Purchaser.
Section 47.
Section 48.Project: the acquisition and rehabilitation of the Facility.
Section 49.
Section 50.Project Costs: the costs shown on the Total Project Cost Statement.
Section 51.
Section 52.Project Fund: the fund created pursuant to Section 2.01 hereof.
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Section 53.
Section 54.Purchaser: Bridgewater Bank, a Minnesota banking corporation.
Section 55.
Section 56.Regulatory Agreement: shall have the meaning given to that term in the recitals to
this Disbursing Agreement.
Section 57.
Section 58.Security Documents: the Loan Agreement, the Assignment, the Guaranty, and any
mortgage, assignment of leases and rents and any other security documents subsequently executed by the
Borrower.
Section 59.
Section 60.Subcontractor: any person who contracts with the General Contractor to perform
any of the work or supply any of the materials necessary to complete the rehabilitation of the Facility.
Section 61.
Section 62.Subcontract: any contract between the General Contractor and a Subcontractor.
Section 63.
Section 64.Sworn Construction Statement: a sworn construction statement duly executed by
the Borrower and the General Contractor showing all Contractors having contracts or subcontracts for
specific portions of the work on the Facility and the amounts due or to become due each such Contractor,
and including all costs and expenses of any kind incurred and to be incurred in rehabilitating the Facility
and fulfilling the obligations of the General Contractor under the terms of the Construction Contract.
Section 65.
Title: such entity as the Borrower and Purchaser shall agree to prior to any disbursement under
Section 3.02.
Section 66.
Section 67.Total Project Cost Statement: a total project cost statement duly executed by the
Borrower incorporating the Sworn Construction Statement and setting forth all costs and expenses of any
kind incurred or to be incurred by the Borrower in connection with acquisition of the Land and the
rehabilitation of the Facility, including all so-called ÐhardÑ and ÐsoftÑ costs.
Section 68.
Section 69.
Section 70.
Section 71.\[The remainder of this page is intentionally left blank.\]
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COMMITMENT TO MAKE DISBURSEMENTS, DISBURSEMENT
PROCEDURES AND DEPOSIT OF FUNDS
The Project Fund. Pursuant to this Disbursing Agreement, a Project Fund has been established and
maintained in the BorrowerÓs name as a separate account with the Purchaser (the ÐProject FundÑ). The
Purchaser shall maintain the Project Fund for as long as the Purchaser is the holder of the Note. On the
date of Closing (as defined in the Loan Agreement), $50,001 of Note proceeds have been advanced under
the Note and have been expended on the Issuance Expenses. Thereafter, with the consent of the Purchaser,
proceeds of the Note shall be advanced and deposited into the Project Fund in the amount of each
Disbursement. All amounts in the Project Fund shall earn interest at a variable per annum rate equal to that
paid by the Purchaser on its business money market accounts or at such other rate as the Borrower and the
Purchaser may agree, provided, however that any amounts remaining in the Project Fund from and after
December 1, 2020 shall not be invested at a Yield greater than the Yield on the Note (________%). The
Borrower hereby grants to the Purchaser a security interest in any and all amounts on deposit in the Project
Fund as security for payment by the Borrower and performance of its other obligations under the Note and
the Security Documents. Upon redemption of the Note and payment in full of the Purchaser, if any funds
remain in the Project Fund, the Purchaser shall disburse such funds based on the written direction of the
Borrower.
The Disbursements. Subject to the conditions precedent for disbursement set forth in Article 3, the
Purchaser agrees, on the terms and subject to the conditions hereinafter set forth, to make Disbursements
from the Project Fund to the Borrower from time to time in an aggregate principal amount of up to and
including the maximum amount of $11,200,000. All Disbursements shall be used to pay Project Costs.
The obligation of the Borrower to repay the Disbursements shall be evidenced by the Loan Agreement and
the Note which contain terms relating to maturity, interest rate, payments, prepayment, acceleration and
other matters.
Disbursement Procedures.
Whenever the Borrower desires a Disbursement, which shall be no more often than
monthly, the Borrower shall submit to the Purchaser a Draw Request, duly executed on behalf of
the Borrower, setting forth the information requested therein. Each Draw Request shall be
stth
submitted on or between the first (1) day and the fifteenth (15) day of the month in which a
Disbursement is requested, and shall be filed at least seven (7) days before the date the
Disbursement is desired. With respect to construction items (so-called Ðhard costsÑ) each Draw
Request shall be limited to amounts equal to (i) the total of such costs actually incurred and paid or
owing by the Borrower to the date of such Draw Request for work performed on the Project that
the Purchaser has committed to finance pursuant to Section 2.02 hereof, plus (ii) the cost of
materials and equipment not incorporated in the Project, but delivered to and suitably stored on the
Land; less, (iii) five percent (5.0%) holdback with respect to labor and not materials (or such lesser
holdback as is authorized by the Purchaser) and less prior Disbursements. Notwithstanding
anything herein to the contrary, no Disbursements for materials stored on the Land will be made
by the Purchaser unless the Borrower provides suitable security for such storage. With respect to
all other costs (so-called Ðsoft costsÑ) each Draw Request shall be limited to the total of such costs
incurred by the Borrower to the date of such Draw Request, less prior Disbursements for such costs.
Each Draw Request shall constitute a representation and warranty by the Borrower that all
representations and warranties set forth in Article 4 are true and correct as of the date of such Draw
Request.
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At the time of submission of each Draw Request, the Borrower shall also submit to the
Purchaser and Title any materials required by Title, including (without limitation) a written lien
waiver from each Contractor for work done and materials supplied by it which were paid for
pursuant to the previous Draw Request.
If on the date a Disbursement is desired, (i) the Borrower has performed all of its
agreements and complied with all requirements therefor to be performed or complied with
hereunder including satisfaction of all applicable conditions precedent contained in Article 3
hereof, (ii) the Borrower has performed all of its obligations hereunder, and (iii) the Purchaser
receives a current construction report from the inspecting architect/engineer, if any, confirming the
accuracy of the information set forth in the Draw Request, the Purchaser shall advance under the
Note and disburse the amount of the requested Disbursement to or at the direction of the Borrower.
Each Disbursement shall constitute an advance under the Note and shall bear interest at the rate
provided in the Note from the date such Disbursement is disbursed by the Purchaser.
Deposit of Funds by the Borrower. If the Purchaser shall at any time after the conditions set forth
in Section 3.02 have been met in good faith determine that the undisbursed amount of the Note is less than
the amount required to pay all unpaid costs and expenses of any kind which reasonably may be anticipated
in connection with the completion of the Project, and shall thereupon send written notice thereof to the
Borrower specifying the amount required to be deposited by the Borrower into the Project Fund to provide
sufficient funds to pay all such costs and complete the Project, the Borrower agrees that it will, within seven
(7) calendar days of receipt of any such notice, deposit into the Project Fund the amount of funds specified
in the PurchaserÓs notice. The Borrower agrees that any such funds so deposited may be disbursed before
any further disbursement of monies in the Project Fund, to pay any and all costs and expenses of any kind
in connection with completion of the Project.
Disbursements Without Receipt of Draw Request. Notwithstanding anything herein to the
contrary, the Purchaser shall have the irrevocable right at any time and from time to time to apply monies
in the Project Fund to pay interest on the Note as and when it becomes due, and to pay any and all of the
expenses referred to in Section 7.04 hereof, all without receipt of a Draw Request from the Borrower.
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CONDITIONS OF ADVANCES
Conditions Precedent to Initial Advance. The obligation of the Purchaser to make the initial
advance of $50,001 to pay the costs of issuing the Note shall not be subject to the requirements provided
elsewhere in this Disbursing Agreement (except as indicated in this Section 3.01), but shall be subject to
the condition precedent that the Borrower shall be in compliance with the conditions contained in
Section 3.03 and the further condition precedent that the Purchaser shall have received on or before the date
of the initial advance under the Note, the following, each to be satisfactory to the Purchaser in form and
substance:
The Loan Agreement duly executed by the Issuer and the Borrower;
The Note duly executed by the Issuer;
The Assignment duly executed by the Issuer and the Purchaser;
The Regulatory Agreement duly executed by the Issuer, Borrower and the Purchaser;
The Guaranty duly executed by the Guarantor;
The Organizational Documents;
A signed copy of a favorable opinion of counsel to the Borrower; and
(h) An opinion of Kennedy & Graven, Chartered, or other nationally-recognized bond
counsel to the effect that interest on the Note is exempt from all federal and state income taxes.
Conditions Precedent to Further Disbursements. The obligation of the Purchaser to make additional
advances of the purchase price of the Note and Disbursements shall be subject to the condition precedent
that the Borrower shall be in compliance with all the conditions contained in Section 3.03 and the further
condition precedent that the Purchaser shall have received (unless waived in writing by the Purchaser) on
or before the date of each further Disbursement, the consent of the Purchaser and each of the following,
each to be satisfactory to the Purchaser in form and substance:
A mortgage and assignment of leases and rents encumbering the Land;
An Assignment of Construction Contract duly executed by the Borrower and consented to
by the General Contractor;
An Assignment of ArchitectÓs Contract duly executed by the Borrower and consented to
by the Architect;
A copy of the Plans and Specifications;
Copies of the Construction Contract and the ArchitectÓs Contract;
Copies of such Subcontracts as the Purchaser may request, together with a letter from each
Contractor under such Subcontracts permitting the Purchaser, upon its election to complete the
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Facility in accordance with the provisions of Section 6.02(c) hereof, to acquire the interest of the
Contractor under such Subcontracts;
The Sworn Construction Statement;
The Appraisal;
An extended coverage ALTA MortgageeÓs Policy of Title Insurance issued by Title
(Form 1970 or Form 1992 Revised 10-23-92 with the exclusion for creditors rights and arbitration
requirements deleted) and containing such endorsements as Purchaser may require including ALTA
Form 9 Comprehensive Endorsement and ALTA Form 3.0 Zoning Endorsement. Such Policy shall
be in an amount equal to the amount of the Commitment and shall insure any mortgage as a first
lien on a good and marketable fee simple title to the Facility and the Land, subject only to such
encumbrances as shall be acceptable to the Purchaser. Without limiting the generality of the
foregoing, such Policy shall insure the Purchaser against claims for mechanicsÓ liens, rights of
parties in possession and matters which would be disclosed by a comprehensive survey of the Land;
A boundary survey of the Land prepared and certified by a licensed or registered surveyor
to the Purchaser in accordance with Minimum Standard Detail Requirements for a Class A Urban
ALTA Land Survey (as most recently adopted by the ALTA/NSPS) including Items Nos. 1, 2, 3,
4, 6, 7(a), 7(b)(1), 8, 9, 10, 11 and 13 of Table A of the Requirements and such other items as the
Purchaser may reasonably require. The survey shall set forth the street address of the Facility and
the Land along with the legal description and the number of square feet within said description.
The survey shall be ÐspottedÑ to show the Facility according to the site plan prepared by the
Architect and revised to show foundations when laid. Upon completion of the Project the survey
shall be recertified Ðas-builtÑ;
A copy of the plat for the Project conforming to all platting requirements, or evidence that
a plat is not required or has been waived by the appropriate Governing Authority;
Appropriate searches conducted in the required offices in the State showing no tax liens,
bankruptcies, judgments or other liens affecting the Borrower, the Facility or the Land, and
Uniform Commercial Code searches conducted disclosing no security interests existing against the
Project including the equipment, fixtures and personalty;
The site plan prepared by the Architect showing the Facility;
A letter from the appropriate Governing Authority stating that the Facility when
rehabilitated in accordance with the Plans and Specifications will comply in all respects with all
applicable ordinances, zoning, planned unit development, subdivision, platting, environmental and
land use requirements, without special variance or exception, and such other evidence as the
Purchaser shall request to establish that the Project and the contemplated use thereof is permitted
by and complies with all applicable use or other restrictions and requirements in prior conveyances,
zoning ordinances, environmental laws and regulations, water shed district regulations and all other
applicable laws or regulations, and have been duly approved by the municipal and other
governmental authorities having jurisdiction over the Project, and that all required permits for
rehabilitation have been obtained;
Soil reports describing the soil conditions and indicating any corrective action that may be
necessitated because of such conditions, together with evidence that the Plans and Specifications
incorporate such corrective action, if any;
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A Phase I Environmental Site Assessment, addressed and certified to the Borrower and the
Purchaser and performed by a qualified licensed engineer or certified environmental/industrial
hygienist in strict conformance with the Standard Practice for Environmental Site Assessment
Process, ASTM Standard E1527-97 and a findings and conclusions section consistent with
Section 11.6.1 thereof and any additional investigations and analysis necessary for the consultant
to conclude there are no Recognized Environmental Conditions (as such term is used in Standard
E1527) associated with the Project, or such have been remediated in accordance with applicable
law;
The Total Project Cost Statement;
Letters from utility companies establishing that all utilities necessary for the rehabilitation
and operation of the Facility are available at the boundaries of the Land, including without
limitation water, sewer, electricity, gas and telephone, and that the Borrower has the right to connect
to and use such utilities;
Copies of the policies of builderÓs risk insurance (including business interruption
insurance) and comprehensive general liability insurance and a certificate of the workerÓs
compensation insurance, with all such insurance in full force and effect; and
Such other documents as the Purchaser may require.
Further Conditions Precedent to All Disbursements. The obligation of the Purchaser to make each
subsequent Disbursement shall be subject to the condition precedent that the Borrower shall be in
compliance with all conditions set forth in Sections 3.01 and 3.02, and the further conditions precedent that
on the date of such Disbursement:
No Event of Default hereunder, or event which would constitute an Event of Default but
for the requirement that notice be given or that a period of cure or time elapse, shall have occurred
and be continuing and all representations and warranties made by the Borrower in Article 4 shall
continue to be true and correct as of the date of such Disbursement.
No determination shall have been made by the Purchaser that the unadvanced amount of
the Note is less than the amount required to pay all costs and expenses of any kind which reasonably
may be anticipated in connection with the completion of the Project; or if such a determination has
been made and notice thereof sent to the Borrower, the Borrower has deposited the necessary funds
in the Project Fund in accordance with Section 2.04 hereof.
The disbursement requirements of Section 2.03 hereof shall have been satisfied.
If required by the Purchaser, the Purchaser shall be furnished with an updated statement of
the Borrower and of any Contractor, in form and substance required by the Purchaser, setting forth
the names, addresses and amounts due or to become due as well as the amounts previously paid to
every Contractor, subcontractor, person, firm or corporation furnishing materials or performing
labor in connection with the rehabilitation of any part of the Project.
The Borrower shall have provided to the Purchaser such evidence of compliance with all
of the provisions of this Disbursing Agreement as the Purchaser may reasonably request.
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J6, Attachment 5
The Borrower shall have provided to the Purchaser copies of all building permits and such
other licenses and permits as may be required to rehabilitate the Facility. No license or permit
necessary for the rehabilitation of the Facility shall have been revoked or the issuance thereof
subjected to challenge before any court or other Governing Authority.
Conditions Precedent to the Final Disbursement. The obligation of the Purchaser to make the final
Disbursement shall be subject to the condition precedent that the Borrower shall be in compliance with all
conditions set forth in Sections 3.01, 3.02 and 3.03, and, further, that the following conditions shall have
been satisfied:
The Project, including all landscape and parking requirements, shall have been completed
in accordance with the Plans and Specifications and the Purchaser shall have received a Certificate
of Completion from the General Contractor and the Architect certifying that (i) work on the Project
has been completed in accordance with the Plans and Specifications and all labor, services,
materials and supplies used in such work have been paid for and (ii) the completed Project
conforms with all applicable zoning, land use planning, building and environmental laws and
regulations of all Governing Authorities.
The Purchaser shall have received satisfactory evidence that all work requiring inspection
by municipal or other Governing Authorities has been duly inspected and approved by such
authorities, and that all requisite certificates of occupancy and any other approvals for occupancy
and operation of the Project have been issued.
The Purchaser and Title shall have received a final lien waiver from each Contractor for
all work done and for all materials furnished by it for the Project or Title shall be reasonably
satisfied that such lien waivers will be provided within thirty (30) days and shall have provided its
Policy of Title Insurance described in Section 3.02(i) with the mechanicÓs lien exception removed.
The Purchaser shall have received an Ðas-builtÑ survey of the Land meeting all of the
requirements set forth in Section 3.02(j) and showing that the Facility as completed is entirely
within the exterior boundaries of the Land and any building setback or restriction lines and do not
encroach upon any easements or right-of-way, and showing such other information as the Purchaser
may reasonably request.
No Waiver. The making of any Disbursement prior to fulfillment of any condition thereof shall
not be construed as a waiver of such condition, and the Purchaser reserves the right to require fulfillment
of any and all such conditions prior to making any subsequent Disbursements.
Refunding of Note Prior to Completion of Project. It is the expectation of the Borrower and the
Purchaser that the Borrower will refund the Note prior to completion of the Project. Notwithstanding the
conditions precedent to disbursements set forth in Sections 3.02, 3.03, and 3.04, if (i) no Event of Default
has occurred and is continuing hereunder, and (ii) the Borrower has secured financing or other available
funds in an amount sufficient to immediately redeem and prepay the Note in full, the Purchaser agrees to
fully advance the Note on the date the Note is scheduled to be refunded and deposit such funds to the Project
Fund.
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J6, Attachment 5
REPRESENTATIONS AND WARRANTIES
Representations and Warranties. The Borrower represents to the Purchaser and warrants as
follows:
The Borrower is a limited partnership, duly organized, validly existing and in good
standing under the laws of the State of Minnesota, and has all requisite power and authority to enter
into purchase agreements for and own the Land and rehabilitate the Facility, and to execute and
deliver and to perform all of its obligations under the Loan Agreement, this Disbursing Agreement,
the Note and the Security Documents and the execution and delivery thereof and the carrying out
of the transactions contemplated thereby will not violate, conflict with or constitute a default under
the terms of the Organizational Documents or under any note, bond, debenture or other evidence
of indebtedness or any contract, loan agreement or lease to which the Borrower is a party or by
which the Land is subject, or violate any law, regulation or order of any Governing Authority, or
any court order or judgment in any proceeding to which the Borrower is or was a party or by which
the property of the Borrower is bound.
The execution, delivery and performance by the Borrower of the Loan Agreement, this
Disbursing Agreement, the Regulatory Agreement and the Security Documents have been duly
authorized by the Borrower.
This Disbursing Agreement constitutes, and the Loan Agreement, the Regulatory
Agreement, the Note and the Security Documents when delivered hereunder will constitute, legal,
valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with
their respective terms.
The Borrower has obtained or will obtain all necessary licenses and permits required for
rehabilitation of the Facility and operation of the Project, except those which cannot be obtained
until completion of the Project.
The Project will be rehabilitated in accordance with the Plans and Specifications; will be
rehabilitated entirely on the Land; and will not encroach upon or overhang any easement or
right-of-way. The Project, both during rehabilitation and at the time of completion, and the
contemplated use thereof, will not violate any applicable zoning or use statute, ordinance, building
code, rule or regulation, or any covenant or agreement of record. The Borrower agrees that it will
furnish to the Purchaser from time to time reasonably satisfactory evidence with respect thereto.
Any and all financial statements of the Borrower heretofore delivered to the Purchaser by
or on behalf of the Borrower are true and correct in all respects, have been prepared and fairly
present the financial condition of the subject thereof as of the respective dates thereof. No
materially adverse change has occurred in the financial conditions reflected therein since the
respective dates thereof. None of the aforesaid financial statements or any certificate or statement
furnished to the Purchaser by or on behalf of the Borrower in connection with the transactions
contemplated hereby, and none of the representations and warranties in this Disbursing Agreement,
contains any untrue statement of a material fact or omits to state a material fact necessary in order
to make the statements contained therein or herein not misleading. To the best knowledge of the
Borrower, there is no fact which materially adversely affects or in the future (so far as the Borrower
can now foresee) may materially adversely affect the business or prospects or condition (financial
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J6, Attachment 5
or other) of the Borrower or any of its properties or assets, which has not been set forth herein or
in a certificate or statement furnished to the Purchaser by the Borrower.
There is no suit, action, proceeding or investigation pending or threatened against or
affecting the Borrower (or any basis therefor) at law or in equity or by or before any court,
arbitrator, administrative agency or other federal, state or local governmental authority which
individually or in the aggregate, if adversely determined, might have a material adverse effect on,
or affect the validity as to the Borrower of, any of the transactions contemplated by this Disbursing
Agreement or the ability of the Borrower to perform its obligations hereunder or as contemplated
hereby.
No consent, approval, order or authorization of or registration, declaration or filing with
any governmental authority is required in connection with a valid execution and delivery of this
Disbursing Agreement, the Loan Agreement, the Regulatory Agreement, the Security Documents
or of any and all other agreements and instruments herein mentioned to which the Borrower is a
party or the carrying out or performance of any of the transactions required or contemplated
thereby, or, if required, such consent, approval, order or authorization shall have been obtained or
such registration, declaration or filing shall have been accomplished prior to the initial
Disbursement.
The principal amount of the Note, together with any other funds to be contributed toward
the payment of Project Costs by the Borrower will be sufficient to pay the entire cost of acquiring,
rehabilitating and otherwise rendering the Project suitable for its intended use.
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J6, Attachment 5
ADDITIONAL COVENANTS OF THE BORROWER
Affirmative Covenants. The Borrower agrees that:
The Borrower will diligently proceed with the acquisition and rehabilitation of the Project
in accordance with the Plans and Specifications and all applicable laws and ordinances, and will
complete the Project by the Completion Date, and will use the proceeds of the Note solely to pay
Project Costs.
The Borrower will use all reasonable efforts to require each Contractor to comply with all
rules, regulations, ordinances and laws bearing on its conduct of work on the Project.
The Borrower will provide and maintain at all times during rehabilitation of the Project
(and, from time to time at the request of the Purchaser, furnish the Purchaser with proof of payment
of premiums on) insurance on the Project.
The Borrower shall maintain accurate and complete books, accounts and records pertaining
to the Project. The Borrower will permit the Purchaser, acting by and through its officers,
employees and agents during normal business hours and upon reasonable notice, to examine all
books, records, contracts, plans, drawings, permits, bills and statements of account pertaining to
the Project and to make extracts therefrom and copies thereof.
Negative Covenants. The Borrower agrees that, without the prior written consent of the Purchaser,
it will not voluntarily, involuntarily or by operation of law agree to, cause, suffer or permit (i) any sale,
transfer, lease, sublease or conveyance of any interest of the Borrower, legal or equitable, in the Project,
except in the ordinary course of the BorrowerÓs business; (ii) any sale, transfer or encumbrance of any
general or limited partnership or equity interests in the Borrower; or (iii) any mortgage, pledge,
encumbrance or lien to be outstanding against the Project or any portion thereof, or any security interest to
exist therein, except as created by the Security Documents or as explicitly permitted therein, without, in
each instance, the prior written consent of the Purchaser. If the Borrower breaches the foregoing covenant,
the Purchaser may, at its election, declare all amounts owing under this Disbursing Agreement, the Loan
Agreement, the Note, the Guaranty, and the other Security Documents to be immediately due and payable,
without notice to the Borrower (which notice the Borrower hereby expressly waives), and upon such
declaration all such amounts shall be immediately due and payable. Any transfer of an interest in the
General Partner, including in accordance with the terms of the Partnership Agreement, shall require the
consent of the Purchaser, which shall not be unreasonably withheld, delayed or conditioned.
No transfer, conveyance, lease, sale or other disposition shall relieve the Borrower from personal
liability for its obligations hereunder or under the other Security Documents, whether or not the transferee
assumes such obligations. The Purchaser may, without notice to the Borrower, deal with any successor
owner of all or any portion of the Project in the same manner as with the Borrower, without in any way
discharging the liability of the Borrower hereunder or under the Security Documents.
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J6, Attachment 5
EVENTS OF DEFAULT AND RIGHTS AND REMEDIES
Events of Default. Each of the following shall constitute an Event of Default.
The Borrower shall fail to pay, when due, interest or principal due under the Loan
Agreement or the Note and such failure shall continue for ten (10) calendar days;
Any representation or warranty made by the Borrower herein, in the Security Documents
or in any financial statement, certificate, report or Draw Request furnished pursuant to this
Disbursing Agreement or the Security Documents shall prove to have been untrue in any material
respect as of the time such representation or warranty was made;
The Borrower shall fail duly to observe or perform, any of the terms, conditions, covenants
or agreements required to be observed or performed by the Borrower hereunder (other than terms,
conditions, covenants or agreements otherwise specifically dealt with in this Article 6), and such
failure shall continue for a period of thirty (30) calendar days after written notice of such failure
has been given by the Purchaser to the Borrower, provided that if the Borrower promptly
commences and diligently pursues a cure but such default cannot reasonably be cured within thirty
(30) days, then the Borrower may have an additional thirty (30) days within which to cure the
default;
The Borrower shall be in default under or in breach of any of the covenants contained in
any of the Security Documents and such default or breach shall not be cured or waived within the
period or periods of grace or time allowed to cure, if any, applicable thereto;
An Event of Default as defined in the Loan Agreement shall occur and be continuing, and
such Event of Default shall not be cured or waived within the period or periods of grace or time
allowed to cure, if any, applicable thereto;
The Facility shall be materially damaged or destroyed by fire or other casualty and the loss,
in the reasonable judgment of the Purchaser, shall not be adequately covered by insurance actually
collected or in the process of collection or by other funds available to the Borrower;
The Purchaser shall have given notice to the Borrower pursuant to Section 2.04 hereof to
deposit additional funds in the Project Fund and the Borrower shall have failed to do so within
seven (7) calendar days;
The Borrower shall fail to comply with any requirement of any Governing Authority within
thirty (30) days after notice in writing of such requirement shall be given to the Borrower by such
Governing Authority, subject to any rights of the Borrower to contest such requirement as provided
in the Security Documents;
The Borrower shall fail to disclose to the Purchaser the names of all persons with whom
the Borrower contracted or intends to contract for the rehabilitation of the Facility or the furnishing
of labor or any materials therefor or shall fail to exhibit to the Purchaser, upon request, copies of
all such contracts;
A petition in bankruptcy or for reorganization or for an arrangement under any bankruptcy
or insolvency law or for a custodian, receiver or trustee for any of its property shall be filed by the
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J6, Attachment 5
Borrower, or a petition in bankruptcy or for reorganization or for an arrangement under any
bankruptcy or insolvency law or for a custodian, receiver or trustee of any of the BorrowerÓs
property shall be filed against the Borrower and shall not be dismissed within ninety (90) days, or
a custodian, receiver or trustee of any property of the Borrower shall be appointed and shall not be
discharged within ninety (90) days, or the Borrower shall make an assignment for the benefit of
creditors or generally shall not pay its debts as they become due, or the Borrower shall be adjudged
insolvent by any state or federal court of competent jurisdiction, or an attachment or execution shall
be levied against any substantial portion of the property of the Borrower and shall not be discharged
within ninety (90) days.
Rights and Remedies. Upon the occurrence of an event which with the passage of time or the
giving of notice or both would constitute an Event of Default and at any time thereafter, the Purchaser may
by notice in writing to the Borrower, refrain from making any further Disbursements hereunder (but the
Purchaser may make Disbursements after the occurrence of such an event or an Event of Default without
thereby waiving its rights and remedies hereunder). Upon the occurrence of an Event of Default the
Purchaser may, at its option, exercise any and all of the following rights and remedies (and any other rights
and remedies available to it):
The Purchaser may, by written notice to the Borrower, declare immediately due and
payable all unpaid principal and accrued interest owing under the Loan Agreement and the Note,
together with all other sums payable thereunder (including any amounts due upon prepayment of
the Loan or Note), and the same shall thereupon be immediately due and payable without
presentment or other demand, protest, notice of dishonor or any other notice of any kind, all of
which are hereby expressly waived.
The Purchaser shall have the right, in addition to any other rights provided by law, to
enforce its rights and remedies under the Loan Agreement and the other Security Documents.
The Purchaser may pay any amount or take any other action necessary to remedy the Event
of Default, and any amount so paid shall be repaid to the Purchaser by the Borrower on demand
with interest at the rate provided for in the Note plus five percent (5.0%).
The Purchaser may at its option apply any amounts in the Project Fund or Reserve Fund
(as defined in Loan Agreement) to repay amounts owing under the Note or the Security Documents,
or the Purchaser may use such amounts to pay the costs of completing the Project.
\[The remainder of this page is intentionally left blank.\]
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J6, Attachment 5
MISCELLANEOUS
Inspections. The Borrower and the Architect shall be responsible for making inspections of the
Project during the course of the rehabilitation of the Facility and shall determine to their own satisfaction
that the work done or materials supplied by the Contractors to whom payment is to be made out of each
Disbursement has been properly done or supplied in accordance with the Construction Contract and the
other applicable contracts with the Contractors. If any work done or materials supplied by a Contractor are
not satisfactory to the Borrower and/or its Architect and the same is not remedied within fifteen (15) days
of the discovery thereof; the Borrower will immediately notify the Purchaser in writing of such fact. It is
expressly understood and agreed that the Purchaser and any inspecting architect/engineer engaged by the
Purchaser may conduct such inspections of the Project as either may deem necessary for the protection of
the PurchaserÓs interest, and that any inspections which may be made of the Project by the Purchaser or
such inspecting architect/engineer will be made, and all certificates issued by any inspecting
architect/engineer will be issued, solely for the benefit and protection of the Purchaser, and that the
Borrower will not rely thereon.
Indemnification by the Borrower. The Borrower shall bear all loss, expense (including attorneysÓ
fees) and damage in connection with, and agrees to indemnify and hold harmless the Purchaser, its agents,
servants and employees from all claims, demands and judgments made or recovered against the Purchaser,
its agents, servants and employees (the ÐIndemnified PartnersÑ), because of bodily injuries, including death
at any time resulting therefrom, and/or because of damages to property of the Purchaser or otherwise
(including loss of use) from any cause whatsoever, except to the extent due to the gross negligence or willful
misconduct of the Purchaser, arising out of, incidental to, or in connection with the rehabilitation of the
Project, whether or not due to any act of omission or commission, including negligence of the Borrower or
any Contractor of its or their employees, servants or agents, and whether or not due to any act of omission
or commission of the Purchaser, its employees, servants or agents. The BorrowerÓs liability hereunder shall
not be limited to the extent of insurance carried by or provided by the Borrower or subject to any exclusions
from coverage in any insurance policy. The obligations of the Borrower under this Section shall survive
the payment of all amounts owing under the Loan Agreement and the Note.
Additional Security Interest. In the event a Disbursement is to be made for materials then being
fabricated or stored, or both, for later use in the completion of the Project but which are not then stored
upon the Land or installed or incorporated into the Project, then such Disbursement shall be made only after
the Borrower has given to the Purchaser such security instruments and insurance on such materials as the
Purchaser may reasonably request.
Fees and Expenses. Whether or not any Disbursement shall be made hereunder, the Borrower
agrees to pay all fees of Title and the appraisal fees, survey fees, recording fees, license and permit fees and
title insurance and other insurance premiums, and agrees to reimburse the Purchaser upon demand for all
reasonable out-of-pocket expenses actually incurred by the Purchaser in connection with this Disbursing
Agreement or in connection with the transactions contemplated by this Disbursing Agreement, including,
but not limited to, any and all reasonable legal expenses and attorneysÓ fees sustained by the Purchaser in
the exercise of any right or remedy available to it under this Disbursing Agreement (whether or not suit is
commenced) or otherwise by law or equity and all reasonable fees and disbursements of counsel for the
Purchaser for the services performed by such counsel in connection with the preparation of this Disbursing
Agreement and the other documents and instruments contemplated hereby.
Notices. All notices or other communications which are required or permitted hereunder shall be
in writing and sufficient if (a) delivered personally or sent by telecopier, (b) sent by nationally recognized
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overnight courier or (c) sent by certified mail, postage prepaid, return receipt requested, addressed as
follows:
If to the Purchaser at:
Bridgewater Bank
3800 American Boulevard, Suite 100
Bloomington, MN 55431
Attn: _____________
With a copy to:
Messerli & Kramer, P.A.
1400 Fifth Street Towers
100 South Fifth Street
Minneapolis, MN 55402
Attn: Michelle Jester, Esq.
If to the Borrower at:
Maple Pond MDG Limited Partnership
c/o METIS Investments
4725 Excelsior Boulevard, Suite 510
Minneapolis, MN 55416
Attn: _____________
With a copy to:
Winthrop & Weinstine, P.A.
Capella Tower, Suite 3500
225 South Sixth Street
Minneapolis, MN 55402-4629
Attn: Jeffrey J. Koerselman, Esq.
or to such other addresses as the party to whom notice is to be given may have furnished to each other party
in writing in accordance herewith. Any such communication shall be deemed to have been given (i) when
delivered if personally delivered or sent by telecopier or email during a business day, (ii) on the business
day after dispatch if sent by nationally recognized, overnight courier on other than during a business day,
and (iii) on the third day after dispatch, if sent by mail.
Time of Essence. Time is of the essence in the performance of this Disbursing Agreement.
Binding Effect and Assignment. This Disbursing Agreement shall be binding upon and inure to
the benefit of the Borrower and the Purchaser and their respective successors and assigns, except that the
Borrower may not transfer or assign its rights hereunder without the prior written consent of the Purchaser,
except as specifically provided in Section 5.02.
Waivers. No waiver by the Purchaser of any default hereunder shall operate as a waiver of any
other default or of the same default on a future occasion. No delay on the part of the Purchaser in exercising
any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of
any right or remedy preclude other or future exercise thereof or the exercise of any other right or remedy.
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The PurchaserÓs Remedies Cumulative. The rights and remedies hereby specified are cumulative
and not exclusive of any rights or remedies which the Purchaser would otherwise have.
Governing Law and Entire Agreement. This Disbursing Agreement shall be governed by the laws
of the State of Minnesota. This Disbursing Agreement contains the entire agreement of the parties on the
matters covered herein. No other agreement, statement or promise made by any party or by any employee,
officer, or agent of any party that is not in writing and signed by all the parties to this Disbursing Agreement
shall be binding.
Counterparts. This Disbursing Agreement may be executed in any number of counterparts, each
of which, when so executed and delivered, shall be an original, but such counterparts shall together
constitute one and the same instrument.
Inconsistency. In the event that any of the terms and provisions of this Disbursing Agreement are
inconsistent with any of the terms and provisions of the Loan Agreement or the other Security Documents,
the terms and provisions of this Disbursing Agreement shall govern.
Conditions of Disbursements. All conditions of the obligation of the Purchaser to make
Disbursements hereunder are imposed solely and exclusively for the benefit of the Purchaser, and no other
person shall have standing to require satisfaction of such conditions in accordance with their terms or be
entitled to assume that the Purchaser will refuse to make Disbursements in the absence of strict compliance
with any or all thereof, and no other person shall, under any circumstances, be deemed to be a beneficiary
of such conditions, any or all of which may be freely waived in whole or in part by the Purchaser at any
time if the Purchaser, in its sole discretion, deems it advisable to do so.
Amendments. Neither this Disbursing Agreement nor any provision hereof may be amended,
changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party
against whom enforcement of the change, waiver, discharge or termination is sought.
Jurisdiction. The Borrower hereby irrevocably agrees that any legal action or proceedings against
it with respect to this Disbursing Agreement may be brought in the Ramsey County District Court in the
State of Minnesota, or in any United States District Court in the State of Minnesota, and by the execution
and delivery of this Disbursing Agreement, the Borrower hereby irrevocably submits to the jurisdiction of
each such court and hereby irrevocably waives any and all objections that the Borrower may have as to
jurisdiction or venue in any of such courts. The Borrower acknowledges that it has received sufficient
consideration for any inconvenience which may be caused by any legal action brought in the State of
Minnesota, and agrees that the enforcement of the provisions of this paragraph against the Borrower would
not be unreasonable or unfair under all the circumstances of the Loan or this Disbursing Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Disbursing Agreement to be duly
executed as of the day and year first above written.
MAPLE POND MDG LIMITED PARTNERSHIP,
a Minnesota limited partnership
By: ___________________,
a _________________________
Its: General Partner
By:
Its:
\[Borrower signature page to Disbursing Agreement\]
Packet Page Number 319 of 332
J6, Attachment 5
BRIDGEWATER BANK
By:
Name:
Title:
\[Purchaser signature page to Disbursing Agreement\]
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J6, Attachment 6
ASSIGNMENT OF LOAN AGREEMENT
This ASSIGNMENT OF LOAN AGREEMENT is made as of December 1, 2017 (the
ÐAssignmentÑ), between the CITY OF MAPLEWOOD, MINNESOTA, a statutory city, municipal
corporation, and political subdivision duly organized and existing under the Constitution and laws of the
State of Minnesota (the ÐIssuerÑ or the ÐCityÑ), and BRIDGEWATER BANK, a Minnesota banking
corporation, its successors and assigns (the ÐPurchaserÑ).
RECITALS
WHEREAS, Maple Pond MDG Limited Partnership, a Minnesota limited partnership (the
ÐBorrowerÑ) and the Issuer have entered into a Loan Agreement, dated as of December 1, 2017 (the ÐLoan
AgreementÑ), pursuant to which the Issuer will lend to the Borrower the proceeds of the Multifamily
Housing Revenue Note (Maple Pond Apartments Project), Series 2017 (the ÐNoteÑ), in the aggregate
principal amount of $11,200,000, to be expended for 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 ÐProjectÑ); and
WHEREAS, the Note is payable from and secured by the loan repayments to be made by the
Borrower under the Loan Agreement; and the Purchaser, as a condition to the purchase of the Note, has
required the execution of this Assignment;
NOW THEREFORE, as an inducement to the Purchaser to purchase the Note, and in consideration
of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
In order to secure the due and punctual payment of the Note and all other sums due the Purchaser
under the Loan Agreement, the Issuer does hereby pledge and assign to the Purchaser all of the IssuerÓs
right, title and interest in and to the Loan Agreement (including, without limitation, any right, title and
interest of the Issuer in the Project Fund and the Reserve Fund, each as defined in the Loan Agreement),
except for those rights retained by the Issuer under the provisions of Section 7.9 of the Loan Agreement.
The Issuer hereby represents and warrants to the Purchaser that the Issuer has not assigned or
encumbered its right, title and interest in the Loan Agreement other than by this Assignment.
The Issuer hereby authorizes the Purchaser to exercise, whether or not a default exists under the
Note or an Event of Default has occurred under the Loan Agreement, either in the IssuerÓs name or the
PurchaserÓs name, any and all rights or remedies available to the Issuer under the Loan Agreement. The
Issuer agrees, on request of the Purchaser, to execute and deliver to the Purchaser such other documents or
instruments as shall be deemed necessary or appropriate by the Purchaser at any time to confirm or perfect
the security interest hereby granted. The Issuer hereby appoints the Purchaser its attorney-in-fact to execute
on behalf of the Issuer, and in its name, any and all such assignments, financing statements or other
documents or instruments which the Purchaser may deem necessary or appropriate to perfect, protect or
enforce the security interest hereby granted.
The Issuer will not:
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exercise or attempt to exercise any remedies under the Loan Agreement except as permitted by
Sections 6.2 and 7.9 of the Loan Agreement, or terminate, modify or accept a surrender of the same, or by
affirmative act, consent to the creation or existence of any security interest or other lien in the Loan
Agreement to secure payment of any other indebtedness; or
receive or collect or permit the receipt or collection of any payments, receipts, rentals, profits or
other moneys under the Loan Agreement (except as allowed under Section 7.9 thereof) or assign, transfer
or hypothecate (other than to the Purchaser hereunder) any of the same then due or to accrue in the future.
The Issuer expressly covenants and agrees that the Purchaser shall be entitled to receive all
payments under the Loan Agreement (except any payments due the Issuer under Section 7.9 thereof), and
hereby authorizes and directs the Borrower to make such payments directly to the Purchaser. The Purchaser
covenants and agrees that all payments received by the Purchaser pursuant to the Loan Agreement shall be
applied to the payment of principal and interest on the Note and any other amounts due and owing by the
Borrower to the Purchaser under the Note or the Loan Agreement.
The Purchaser agrees to extend the Mandatory Purchase Date (as defined in the Note) at the request
of the Borrower \[by __ months, one time, upon payment by the Borrower to the Purchaser of an extension
fee of $_____, provided there is not an Event of Default or an event with notice and passage of time would
become an Event of Default. Thereafter any extension of the Mandatory Purchase Date,\] one or more times,
to a date not later than December 1, 2020 shall be only with the consent of the Purchaser and upon delivery
to the Purchaser of an opinion of Bond Counsel to the effect that such extension will not adversely affect
the tax exempt status of interest paid on the Note.
The Purchaser agrees to advance the purchase price of the Note on the BorrowerÓs behalf into the
Project Fund as provided in the Note, the Loan Agreement and the Disbursing Agreement. In accordance
with Section 7.9 of the Loan Agreement, the Purchaser hereby assumes the IssuerÓs obligations to the
Borrower thereunder.
If an Event of Default (as defined in the Loan Agreement) shall occur and be continuing, the
Purchaser may exercise any one or more or all, in any order, of the remedies hereinafter set forth, in addition
to any other remedy at law or in equity or specified in the Loan Agreement, it being expressly understood
that no remedy herein conferred is intended to be exclusive of any other remedy or remedies; but each and
every remedy shall be cumulative and shall be in addition to every other remedy given herein or now or
hereafter existing at law or in equity or by statute:
The Purchaser may, without prior notice of any kind, declare the principal of and interest accrued
on the Note immediately due and payable.
The Purchaser may exercise any rights and remedies and options of a secured party under the
Uniform Commercial Code as adopted in the State of Minnesota and any and all rights available to it under
the Loan Agreement and the Disbursing Agreement related to the Note.
Whenever any of the parties hereto is referred to, such reference shall be deemed to include the
successors and assigns of such party; and all the covenants, promises and agreements in this Assignment
contained by or on behalf of the Issuer or the Purchaser shall bind and inure to the benefit of the respective
successors and assigns of such parties whether so expressed or not.
The unenforceability or invalidity of any provision or provisions of this Assignment shall not render
any other provision or provisions herein contained unenforceable or invalid.
22
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J6, Attachment 6
This Assignment shall in all respects be construed in accordance with and governed by the laws of
the State of Minnesota. This Assignment may not be amended or modified except in writing signed by the
Issuer and the Purchaser.
This Assignment may be executed, acknowledged and delivered in any number of counterparts,
each of such counterparts constituting an original but all of which together constituting one agreement.
The terms used in this Assignment which are defined in the Loan Agreement shall have the
meanings specified therein, unless the context of this Assignment otherwise requires, or unless such terms
are otherwise defined herein.
No obligation of the Issuer hereunder shall constitute or give rise to a pecuniary liability of the
Issuer or a charge against its general credit or taxing powers, but shall be payable solely out of the proceeds
and the revenues derived under the Loan Agreement.
(The remainder of this page is intentionally left blank.)
23
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J6, Attachment 6
IN WITNESS WHEREOF, the Issuer and the Purchaser have caused this Assignment of Loan
Agreement to be duly executed as of the day and year first above written.
CITY OF MAPLEWOOD, MINNESOTA
By
Its Mayor
By
Its City Manager
(City Signature Page to Assignment of Loan Agreement)
24
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J6, Attachment 6
BRIDGEWATER BANK
By:
Name: ______________________________________
Title: ______________________________________
(Purchaser Signature Page to Assignment to Loan Agreement)
25
Packet Page Number 325 of 332
J6, Attachment 7
S OFIA E.L YKKE
Attorney at Law
Direct Dial: (612) 337-9283
Email: slykke@kennedy-graven.com
June 14, 2017
Ellen Paulseth, Finance Director
City of Maplewood, Minnesota
1830 County Road B East
Maplewood, Minnesota 55109-2702
RE: Resolution to be considered on July 10, 2017, adopting a housing program and ratifying the
preparation and submission thereof to the Metropolitan Council, granting preliminary approval for the
issuance by the City of multifamily housing revenue bonds to finance a multifamily housing project,
approving the submission of an application for an allocation of bonding authority, establishing
compliance with certain reimbursement regulations under federal tax law, and taking certain other
actions
Dear Ellie:
The City has received a request from Maple Pond MDG Limited Partnership, a Minnesota limited
partnership (the ÐBorrowerÑ), to issue one or more series of multifamily housing revenue bonds or other
obligations (the ÐBondsÑ), in an aggregate principal amount not to exceed $15,000,000. The Borrower
proposes to apply the proceeds of the Bonds to finance a portion of the costs of 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 ÐProjectÑ). All of the 168 units of the Project will be affordable to persons and families with household
incomes at or below fifty to sixty percent of area median incomes. In addition to the Bonds requested to
be issued, the Project is expected to be funded from additional sources including low income housing tax
credits.
Prior to the issuance of the Bonds, the City is required to hold a duly noticed public hearing and to adopt a
housing program (the ÐHousing ProgramÑ) after such public hearing to authorize the issuance by the City
of the Bonds to finance the acquisition and rehabilitation of the Project. In addition, the City must receive
an allocation of the bonding authority of the State of Minnesota in order to issue the Bonds.
A notice of public hearing was published in the Maplewood Review on June 14, 2017, and on or before the
date of publication of the notice of public hearing, Kennedy & Graven, Chartered (ÐBond CounselÑ), on
behalf of the City, submitted 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.
26
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J6, Attachment 7
Following the public hearing, the City Council will be asked to consider a resolution adopting the Housing
Program and ratifying the preparation and submission of the Housing Program to the Metropolitan Council,
granting preliminary approval for the issuance of the Bonds by the City, approving the submission of an
application for an allocation of bonding authority to the State of Minnesota Department of Management &
Budget (ÐMMBÑ), establishing compliance with certain reimbursement regulations under the Internal
Revenue Code of 1986, as amended, and taking certain other actions (the ÐPreliminary ResolutionÑ).
The adoption of the Preliminary Resolution does not constitute a guarantee or a firm commitment that the
City will issue the Bonds as requested by the Borrower. Pursuant to the Preliminary Resolution, 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
City 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.
If the City adopts the Preliminary Resolution, the City and Bond Counsel, in cooperation with the Borrower,
will submit an application for an allocation of bonding authority to MMB no later than one week before the
first Monday in August, which is the earliest date of allocation from the Ðunified pool.Ñ Thereafter, the
City will receive a certificate from MMB allocating bonding authority of the State of Minnesota to the City,
and the City may issue the Bonds in an amount not to exceed the amount allocated to it pursuant to such
certificate. The City must issue the Bonds within one hundred twenty (120) days from the date of the
allocation.
Thereafter, the City will consider a resolution providing final authorization to the issuance of the Bonds,
and approving the forms of and authorizing the execution and delivery of the Bonds and related documents
(the ÐFinal ResolutionÑ). Bond Counsel will prepare the Final Resolution and forms of the documents
relating to the Bonds, and will deliver those documents to the City at least one week prior to the date the
City Council considers adoption of the Final Resolution.
The CityÓs conduit revenue bonds policy provides for an application fee of $3,400, plus an administrative
fee equal to a one percent (1%) of the principal amount of the Bonds, not to exceed $28,600, payable on
the date of issuance of the Bonds. If the Bonds are issued in the principal amount of $15,000,000, the CityÓs
administrative fee would be $28,600. The Borrower will also pay, or, upon demand, reimburse the City for
payment of, 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, including any costs for attorneysÓ fees.
Please be advised that the issuance of the Bonds will not impact the CityÓs debt capacity, that the Bonds do
not constitute a general or moral obligation of the City, and will not be secured by the taxing powers of the
City or any assets or property of the City. Further, the actions requested from the City Council will not
adversely impact the CityÓs ability to issue bank-qualified obligations for City projects.
Sincerely,
s/Sofia E. Lykke
C: Ron Batty; John Utley
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J7
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Ellen Paulseth, Finance Director
DATE: November 13, 2017
SUBJECT: Consider Approval of Resolution Adopting 2018 Utility Rates
Introduction
Utility rates are established annually by the City Council, to include Sanitary Sewer,
Environmental Utility, North St. Paul and St. Paul Water Surcharges, and Recycling.
Background
Environmental Utility Fund – a 5% fee increase is being proposed to offset the demands on
City resources for storm water treatment. The increase will generate an additional $125,000 per
year, which will provide sufficient cash flow for the 5-year CIP projects. Staff members are
currently reviewing all expenses and salary allocations for the fund. The ten-year projection
includes 0-5% fee increases in years 2019-2028 to maintain a positive cash balance. The
following chart reflects inflationary increases in utility charges in years 2018-2021:
EUF Fund20182019202020212022
Utility Revenues2,631,0002,757,2502,894,0633,009,8253,009,825
Operating Expenses1,862,9541,895,1531,921,5561,948,4871,975,957
Operating Profit (Loss) 768,046862,097 972,5071,061,3381,033,868
Less: Debt Service(382,390)(386,550)(384,530)(376,980)(379,700)
Less: Administrative Charges(162,000)(94,758) (96,078)(97,424) (98,798)
Less: CIP Expenditures(1,706,500)(780,600)(1,532,500)(1,233,500)(927,500)
Change in Net Position(1,482,844)(399,810)(1,040,601)(646,566)(372,130)
Beginning Cash Position1,288,869381,025 556,21590,613 19,047
Add: Depreciation 575,000575,000 575,000575,000 575,000
Ending Cash Position 381,025556,215 90,61319,047 221,917
The proposed increases will have the following impact on Maplewood residents:
EUF Fee - Single Family Home
201720182019202020212022
$8.75$9.17$9.67$10.08$10.08
Monthly $8.33
$26.25$27.50$29.00$30.25$30.25
Quarterly $25.00
$105.00$110.00$116.00$121.00$121.00
Annually $100.00
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J7
St. Paul Water Surcharge Fund – a 0% fee increase is recommended for this fund that finances
water system improvements. The water surcharge rate for the St. Paul Water Service District
decreased in 2016 from 8.5% to 7.0% of the St. Paul Water charges. The decrease was
approximately $0.75 per quarter. Projected cash flows are sufficient in this fund for the
foreseeable future.
St. Paul WAC Fund20182019202020212022
Utility Revenues 442,000464,200 477,404488,612 490,824
Operating Expenses 7,5007,650 7,803 7,959 8,118
Operating Profit (Loss) 434,500456,550 469,601480,653 482,706
Less: Debt Service (44,620)(44,090) (43,430)(42,670) (41,830)
Less: Administrative Charges (23,210)- (23,870)(24,431) (24,541)
Less: CIP Expenditures(303,100)(138,900)(297,500)(362,900)(329,900)
Change in Net Position 86,780250,350 104,80150,652 86,435
Beginning Cash Position1,222,0281,308,8081,559,1581,663,9591,714,611
Ending Cash Position1,308,8081,559,1581,663,9591,714,6111,801,046
North St. Paul WAC Fund – a0% rate increase is planned for this fund in 2018. The total
revenue of $11,600 will support the minimal amount of expenditures in this fund.
Sewer Fund – a 2% increasein sewer rates is being proposed for this fund to ensure that
revenues are adequate to fund operating expenses and current and future capital improvements.
This increase will generate an additional $100,000 per year. Sewer rates have not increased
since 2013, despite annual increases in waste processing charges from the Metropolitan Council.
The Met Council has increased the waste processing contract for 2018 by $69,898, or 2.18% from
last year. Waste processing charges are 69% of the total Sewer Fund budget, or $3,223,384 out
of $4,646,730 for 2018. Projected inflationary increases of 2% in years 2019-2022 are also
illustrated in the five-year outlook below:
Sewer Fund20182019202020212022
Utility Revenues5,170,0005,267,5005,372,0505,468,6915,577,465
Operating Expenses4,646,7304,755,0734,864,0754,998,1475,136,242
Operating Profit (Loss) 523,270512,427 507,975470,544 441,223
Less: Debt Service(350,480)(237,120)(136,020)(132,450)(134,130)
Less: Administrative Charges(375,000)(261,375)(266,603)(271,935)(277,373)
Less: CIP Expenditures(623,097)(323,500)(480,500)(555,900)(565,900)
Change in Net Position(825,307)(309,568)(375,148)(489,741)(536,180)
Beginning Cash Position4,381,1553,948,8484,034,2804,054,1323,959,391
Add: Depreciation 393,000395,000 395,000395,000 395,000
Ending Cash Position3,948,8484,034,2804,054,1323,959,3913,818,211
Packet Page Number 329 of 332
J7
Recycling Fund – a rate increase of 5.2% is being proposed for this fund. Recycling rates were
last increased in 2016. This will generate an additional $30,000 per year. The contract with the
City’s recycling vendor includes a 2% inflationary increase each year. The contract for services
is approximately 85% of the total budgeted expenditures in the Recycling Fund. The proposed
rate increase of 5.2% will accommodate the increases in the contract and provide adequate
reserves to replace waste carts as needed. To assist in keeping rates reasonable, I will
recommend that the General Fund administrative charge be eliminated for this fund starting with
the 2019 budget. The projections below reflect an additional 5% increase in rates in 2019 and
2% thereafter.
Recycling Fund20182019202020212022
Utility Revenues713,000 763,500 829,730 844,285859,130
Operating Expenses740,630 759,146 778,124 797,578817,517
Operating Profit (Loss)(27,630) 4,354 51,606 46,707 41,613
Less: Debt Service - - - - -
Less: Administrative Charges(53,000) - - - -
Less: CIP Expenditures(35,000) (35,000) (25,000) (25,000)(25,000)
Change in Net Position(115,630) (30,646) 26,606 21,707 16,613
Beginning Cash Position273,951 158,321 127,675 154,281175,988
Ending Cash Position158,321 127,675 154,281 175,988192,601
Summary of Proposed 2018 Monthly Fees
Quarterly Charge Quarterly
2017 2018 Increase
Sanitary Sewer * 2.94/unit 3.00/unit 0.06
Environmental Utility - Residence 25.00 26.25 1.25
Water Surcharge – St. Paul 7% 7% 0.00
Water Surcharge – N. St. Paul 3.60 3.60 0.00
Recycling 9.78 10.29 0.51
Note: * Average residential usage of
22,000 gallons per quarter results in
quarterly increase of $1.32 for sewer
charges.
Monthly Charge Monthly
2017 2018 Increase
Environmental Utility - Multi family 53.00 55.65 2.65
Environmental Utility – Institution 64.50 67.72 3.22
Environmental Utility-Commercial 82.50 86.62 4.12
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The impact of the utility rate increases on the average homeowner in Maplewood is illustrated in
the following chart:
UTILTY RATES
IMPACT ON AVERAGE HOME
Quarterly ChargeIncrease (Decrease)
20172018AmountPercent
Sanitary Sewer*64.68$ $ 66.00$ 1.322.0%
Environmental Charge25.0026.251.255.0%
Recycling Charge 10.299.780.515.2%
Water Surcharge St. Paul (7%)3.50 3.50 0.0%-
Water Surcharge North St. Paul3.60 3.60 0.0%-
TOTAL - St. Paul$ 106.04102.96$ 3.08$ 3.0%
TOTAL - North St. Paul$ 106.14103.06$ 3.08$ 3.0%
*Rate per 1,000 gals$2.94$ 3.00$ 0.062.0%
Budget Impact
The additional fees charged to property owners are needed to keep pace with inflation and support
the City’s capital needs. The average homeowner will realize a quarterly increase of
approximately $3.08, or 3%, overall increase in utility charges. This increase will support
inflationary increases and ensure that the City’s infrastructure will be maintained and replaced
without the need for additional debt.
Recommendation
Staff recommends approval of the attached resolution authorizing the above rates for 2018.
Attachments
1. Resolution for 2018 Utility Rates
Packet Page Number 331 of 332
J7, Attachment 1
RESOLUTION
ADOPTION OF 2018 RATES FOR UTILITIES:
ENVIRONMENTAL UTILITY, WATER SURCHARGES,
AND RECYCLING
WHEREAS, the City of Maplewood annually establishes utility rates; and
WHEREAS, the City has prepared a utility rate analysis for the 2018 budget year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1. The Environmental Utility Fund rates shall increase 5%, effective January 1, 2018,
with quarterly rates set at $26.25 ($8.75 per month) for residential, and monthly
rates set at $55.65 for Multi-family, $67.72 for Institutional, and $86.62 for
Commercial.
2. The water surcharge rates for the St. Paul Water District shall remain unchanged
from the rate in effect for 2017, which is 7.0% of the St. Paul water charge.
3. The water surcharge rates for the North St. Paul Water District shall remain
unchanged from the rate in effect for 2017, at $3.60 per quarter.
4. The recycling fees shall increase 5.2% from the rate in effect for 2017. The
recycling fees are established as follows:
$ 3.43 per account per month for multi-family units
$10.29 per account per quarter for single-family residents
5. The new utility rates are approved for all related services received on or after
January 1, 2018.
Packet Page Number 332 of 332