HomeMy WebLinkAbout2018-02-26 City Council Meeting MinutesA
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, February 26, 2018
City Hall, Council Chambers
Meeting No. 04-18
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 7:03 p.m. by Mayor Slawik.
Mayor Slawik reported on three new businesses that opened this past couple of weeks
in Maplewood.
PLEDGE OF ALLEGIANCE
Cub Scouts Charles Boulay and Sam Erickson led the council in the pledge of
allegiance.
ROLL CALL
Nora Slawik, Mayor Present
Marylee Abrams, Councilmember Present
Kathleen Juenemann, Councilmember Present
Bryan Smith, Councilmember Present
Tou Xiong, Councilmember Present
APPROVAL OF AGENDA
The following item was added to the agenda under Appointments and Presentations,
Council Presentations:
Spring Clean -Up
Fire Hydrants
21 st Century Policing Event
Snow Removal
Councilmember Xiong moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
APPROVAL OF MINUTES
1. Approval of the February 12, 2018 City Council Workshop Minutes
Councilmember Abrams moved to approve the February 12, 2018 City Council
Workshop Minutes as submitted.
Seconded by Councilmember Juenemann Ayes — All
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The motion passed.
2. Approval of the February 12, 2018 City Council Meeting Minutes
Councilmember Juenemann moved to approve the February 12, 2018 City Council
Meeting Minutes as submitted.
Seconded by Councilmember Abrams Ayes — All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
Administrative Presentations
a. Council Calendar Update
City Manager Coleman gave the update to the council calendar and discussed
other topics council members would like to be discussed at a future council
meeting.
2. Council Presentations
Spring Clean -Up
Councilmember Juenemann reported on the Annual Spring Clean -Up Event that will be
taking place on Saturday, April 21 St
Fire Hydrants
Councilmember Juenemann requested if residents have a fire hydrant by their house to
please remove the snow around it so fire fighters can locate it in the event of a fire.
21s' Century Policing Event
Councilmember Smith reported on an event about 21s' Century Policing he attended last
week.
Snow Removal
Councilmember Smith reported on a comment posted from a resident praising the snow
plow drivers for doing a great job of clearing the streets after the last snow fall.
Legislative Briefing
Mayor Slawik reported on a legislative briefing she attended.
Christian Cupboard
Mayor Slawik reported on the Christian Cupboard, a food shelf at Guardian Angels
Church.
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3. Presentation by Ramsey County Sheriff Serier
Ramsey County Sheriff Serier addressed the council to give an update on current
activities that are going on in the Sheriff's office.
4. Presentation of 2017 Heritage Preservation Commission Annual Report
Peter Boulay, Chair gave the presentation on the 2017 Annual Report for the Heritage
Preservation Commission.
Councilmember Abrams moved to approve the 2017 Heritage Preservation Commission
annual report.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
5. Approval of Resolutions of Appreciation for Eagle Scouts Ben Boulay and
Brandon Ong
Lead Naturalist Hutchinson addressed the council to give the staff report.
Councilmember Smith read the resolution of appreciation for Eagle Scout Brandon Ong.
Councilmember Juenemann read the resolution of appreciation for Eagle Scout Ben
Boulay.
Councilmember Smith moved to approve the Resolutions of Appreciation for Eagle
Scouts Ben Boulay and Brandon Ong.
Resolution 18-02-1537
Resolution of Appreciation for Ben Boulay
WHEREAS, Ben Boulay, Northern Star Council, Boy Scout Troop 9461, was
instrumental in researching, planning, construction and installation of 4 unique wildlife
houses in appropriate areas and habitat around the pond and trail at City Hall campus
to complete his Eagle Scout Service Project; and
WHEREAS, Ben Boulay's project has provided potential nesting and roosting
sites for saw whet owls, bluebirds, wood ducks and bats, helping increase wildlife
populations and diversity of species; and
WHEREAS, Ben Boulay has freely given his wisdom, time, energy, and
leadership for the benefit of the City of Maplewood.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City
of Maplewood, Minnesota and its citizens that Ben Boulay is awarded this resolution
of appreciation for his service to the city.
Resolution 18-02-1538
Resolution of Appreciation for Brandon Ong
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WHEREAS, Brandon Ong, Northern Star Council, Boy Scout Troop 9513,
coordinated the installation of three boot brush stations at Applewood Preserve, to
fulfill his Eagle Scout Service Project; and
WHEREAS, Brandon Ong's leadership and hard work will help prevent the
spread of invasive plants; and
WHEREAS, Brandon Ong's boot brush stations will protect public health by
helping prevent contact with wild parsnip; and
WHEREAS, Brandon Ong's project will protect plant and wildlife diversity from
invasive plant infestation; and
WHEREAS, Brandon Ong has freely given his wisdom, time, energy, and
leadership for the benefit of the City of Maplewood.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City
of Maplewood, Minnesota and its citizens that Brandon Ong is awarded this
resolution of appreciation for his service to the city.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
CONSENT AGENDA
Agenda item G3 was highlighted.
Councilmember Abrams moved to approve agenda items G1 -G5.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
1. Approval of Claims
Councilmember Abrams moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 193,852.42 Checks # 101142 thru #101188
dated 02/13/18
$ 5,781,082.17 Disbursements via debits to checking account
dated 01/30/18 thru 02/09/18
$ 75,591.67 Checks #101189 thru #101215
dated 02/20/18
$ 572,519.56 Disbursements via debits to checking account
dated 02/12/18 thru 02/16/18
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$ 6,623,045.82 Total Accounts Payable
PAYROLL:
$ 542,634.26 Payroll Checks and Direct Deposits dated 02/09/18
$ 2,101.26 Payroll Deduction check # 99103096 thru # 99103099 dated 02/09/18
$ 544,735.52 Total Payroll
$ 7,167,781.34 GRAND TOTAL
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
2. Approval of Resolution Authorizing Issuance, Sale, and Delivery of
Obligations to Finance the Maple Pond Apartments Project
Councilmember Abrams moved to approve the Resolution Authorizing the Issuance,
Sale, and Delivery of its Obligations to Finance the Maple Pond Apartments Project;
Approving the Forms of and Authorizing the Execution and Delivery of the Obligations
and Related Documents; Providing for the Security. Rights, and Remedies with Respect
to the Obligations; and Granting Approval for Certain Other Actions with Respect
Thereto.
City of Maplewood
Resolution 18-02-1539
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS
MULTIFAMILY HOUSING REVENUE OBLIGATIONS TO FINANCE THE
MAPLE POND APARTMENTS PROJECT; APPROVING THE FORMS
OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE
OBLIGATIONS AND RELATED DOCUMENTS; PROVIDING FOR THE
SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE
OBLIGATIONS; AND GRANTING APPROVAL FOR CERTAIN OTHER
ACTIONS WITH RESPECT THERETO
WHEREAS, the City is a statutory city duly organized and existing under the
Constitution and laws of the State of Minnesota.
WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the
"Act"), the City is authorized to carry out the public purposes described in the Act by
issuing revenue bonds and notes or other obligations to finance or refinance multifamily
housing developments located within the City, and as a condition to the issuance of such
revenue bonds and notes, adopt a housing program providing the information required
by Section 462C.03, subdivision 1a, of the Act.
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WHEREAS, in the issuance of the City's revenue bonds and notes and in the
making of a loan to finance a multifamily housing development the City may exercise,
within its corporate limits, 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.
WHEREAS, Maple Pond MDG Limited Partnership, a Minnesota limited
partnership (the "Borrower"), has requested that the City issue its revenue bonds and
notes under the Act and lend the proceeds thereof to the Borrower to finance the
acquisition and rehabilitation of 168 units of multifamily rental apartments, and facilities
functionally related and subordinate thereto, commonly known as Maple Pond
Apartments, located at 1854 Beebe Road in the City (the "Project").
WHEREAS, on July 10, 2017, following a duly noticed public hearing, the City
Council of the City the ("City Council") adopted Resolution No. 17-07-1475 (the
"Preliminary Resolution") pursuant to which the City Council, among other things,
preliminarily approved the issuance of multifamily housing revenue obligations, in an
aggregate principal amount not to exceed $15,000,000, under the terms of the Act for
the benefit of the Borrower to finance the acquisition and rehabilitation of the Project,
and adopted a housing program providing the information required by Section 462C.03,
subdivision 1 a of the Act (the "Housing Program").
WHEREAS, the Preliminary Resolution constitutes a reimbursement resolution
and an official intent of the Issuer to reimburse expenditures with respect to the Project
from the proceeds of tax-exempt revenue obligations in accordance with the provisions
of Treasury Regulations, Section 1.150-2.
WHEREAS, on November 13, 2017, the City Council adopted Resolution No. 17-
11-1513 (the "Temporary Note Resolution"), pursuant to which the City Council
authorized the issuance of the City's Multifamily Housing Revenue Note (Maple Pond
Apartments Project), Series 2017 (the "Temporary Note"), in the principal amount of
$11,200,000, to provide short-term financing for the acquisition and rehabilitation of the
Project.
WHEREAS, the Temporary Note was issued on December 4, 2017 and sold to
Bridgewater Bank. The Borrower intended to refund the Temporary Note with the
proceeds of permanent obligations to be issued by the City. The Temporary Note had
an initial mandatory tender date of May 4, 2018. The Temporary Note was drawn down
for the purposes of financing the Project.
WHEREAS, the Borrower is requesting that the City now issue its multifamily
housing revenue obligations, as tax-exempt bonds and a note (the "Bonds" and the
"Note" and collectively, the "Obligations"), in the maximum aggregate principal amount of
$11,200,000, to refund the Temporary Note, the unspent proceeds of which, will be
applied to the acquisition and rehabilitation of the Project.
WHEREAS, the Borrower has requested that the City issue, sell, and deliver a
portion of the principal amount of the Obligations pursuant to the Preliminary Resolution,
the Temporary Note Resolution, this resolution, the Act, and a Trust Indenture, dated on
or after March 1, 2018 (the "Series A Indenture" or "Indenture"), between the City and
the U.S. Bank National Association (the "Trustee") as the Multifamily Housing Revenue
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Refunding Bonds (Maple Pond Apartments Project), Series 2018A (the "Series A Bonds"
or "Bonds") to be sold publicly and underwritten by Dougherty & Company LLC, a
Delaware limited liability company (the "Underwriter").
WHEREAS, the Borrower has requested that the City issue a portion of the
principal amount of the Obligations pursuant to the Preliminary Resolution, the
Temporary Note Resolution, this resolution, and the Act, as a Multifamily Housing
Revenue Note, Series 2018B (the "Series B Note" or "Note") to be purchased by
Bridgewater Bank (or another financial institution selected by the Borrower, the "Lender")
in accordance with the terms of a Loan Purchase Agreement, dated on or after March 1,
2018, by and between the Borrower and the Lender.
WHEREAS, the proceeds derived from the sale of the Bonds will be loaned by
the City to the Borrower (the "Series A Loan") pursuant to the terms of a Loan
Agreement, dated on or after March 1, 2018 (the "Series A Loan Agreement"), by and
among the Borrower and the City, and the proceeds derived from the sale of the Note
will be loaned by the City to the Borrower (the "Series B Loan") pursuant to the terms of
a Loan Agreement, dated on or after March 1, 2018 (the "Series B Loan Agreement"), by
and among the Borrower and the City.
WHEREAS, the Obligations and the interest on the Obligations (i) shall be
payable solely from the revenues pledged and security provided therefor under the
Series A Loan Agreement and the Series B Loan Agreement (together, the "Loan
Agreements") and the Indenture, and additional sources of revenue provided by or on
behalf of the Borrower; (ii) shall not constitute a debt of the Issuer within the meaning of
any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a
pecuniary liability of the Issuer 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 Issuer other than the Issuer's interest in the Loan Agreement; and
(v) shall not constitute a general or moral obligation of the Issuer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA, AS FOLLOWS:
1. Authorization for Issuance of Obligations. For the purposes set forth
above, there is hereby authorized the issuance, sale, and delivery of the Obligations in
the maximum aggregate principal amount not to exceed $11,200,000. The Obligations
shall be special, limited obligations of the City payable solely from the funds pledged
thereto. The Obligations are not to be payable from nor charged upon any funds of the
City other than the revenues pledged to their payment, nor is the City subject to any
liability thereon; no holders of the Obligations shall ever have the right to compel any
exercise of the taxing power of the City to pay any of the principal of, premium, if any, or
interest on the Obligations; the Obligations shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the City, and each Obligation
shall recite that the Obligations, including interest thereon, are payable solely from the
revenues pledged to the payment thereof and that no Obligation shall constitute a debt
of the City within the meaning of any constitutional or statutory limitation.
2. Series A Bonds Structure. Pursuant to the Series A Loan Agreement the
City will loan the proceeds of the Series A Bonds to the Borrower to refinance a portion
of the Project. The payments to be made by the Borrower under the Series A Loan
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Agreement are fixed so as to produce revenue sufficient to pay the principal of,
premium, if any, and interest on the Series A Bonds when due. When executed, the
right, title and interest of the City in, to and under, among other things, the Series A Loan
Agreement (except as therein provided) will be assigned to the Trustee pursuant to the
Indenture. The Bonds will be purchased by the Underwriter pursuant to the Bond
Purchase Agreement, dated on or after the date this resolution is approved (the "Bond
Purchase Agreement"), among the Underwriter, the City, and the Borrower. The Bonds
shall bear interest at the rates, shall be numbered, shall be dated, shall mature, shall be
subject to redemption prior to maturity, and shall be in such form and have such other
details and provisions as may be prescribed in the Indenture, as executed in accordance
with Sections 7 and 13. The Trustee is hereby appointed as the Paying Agent and the
Bond Registrar for the Bonds.
3. Series B Note Structure. Pursuant to the Series B Loan Agreement, the
City will loan the proceeds of the Series B Note to the Borrower to refinance a portion of
the Project. The payments to be made by the Borrower under the Series B Loan
Agreement are fixed so as to produce revenue sufficient to pay the principal of,
premium, if any, and interest on the Series B Note when due. When executed, the right,
title and interest of the City in, to and under, among other things, the Series B Loan
Agreement (except as therein provided) will be assigned to the Lender pursuant to an
Assignment of Loan Agreement, dated on or after March 1, 2018, between the City and
the Lender (the "Loan Assignment Agreement"). The Series B Note proceeds will be
disbursed pursuant to a disbursing agreement, between the Borrower, the Lender, and a
disbursing agent to be selected by the Borrower. The Series B Note will be further
secured by certain security instruments required by the Lender and in forms authorized
by the Borrower to be executed by or on behalf of the Borrower in favor of the Lender
which may include: (i) assignments of capital contributions and contract rights; (ii) one
or more security agreements and indemnity agreements; (iii) one or more guaranty
agreements; (iv) a general partner pledge; and (v) other security documents that are
intended to ensure timely payment of the Series B Loan and the Note (collectively, the
"Series B Security Documents"). The Series B Note shall bear interest at a variable rate.
The Series B Note shall be in the principal amount, shall be numbered, shall be dated,
shall mature, shall be subject to redemption prior to maturity, and shall be in such form
and have such other details and provisions as may be set forth therein, as executed in
accordance with Sections 7 and 13.
4. Additional Provisions Relating to Series B Note.
Registration of Transfer. The City will cause to be kept at the office of
the City 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 Series B Note. The Series B Note shall be initially registered in the
name of the Lender and shall be transferable, subject to the provisions herein and in the
Series B Note, upon the Note Register by the Lender in person or by its agent duly
authorized in writing, upon surrender of the Series B Note together with a written
instrument of transfer satisfactory to the City Finance Director, duly executed by the
Lender or its duly authorized agent. The City may require, as a precondition to any
transfer, that the transferee provide to the City an investor letter in a form satisfactory to
the City and other 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.
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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
Section 5(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 new holder thereof in the Note Register, and in the registration
blank appearing on the Series B Note.
Mutilated, Lost or Destroyed Series B Note. In case a Series B Note
issued hereunder 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 Series B Note, of like
outstanding principal amount, number and tenor in exchange and substitution for and
upon cancellation of such mutilated Series B Note, or in lieu of and in substitution for
such Series B Note destroyed or lost, upon the Lender paying the reasonable expenses
and charges of the City in connection therewith, and in the case of a Series B 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 Series B Note has already
matured or been called for redemption in accordance with its terms it shall not be
necessary to issue a new Series B Note, prior to payment.
Ownership of Series B Note. The City may deem and treat the person in
whose name the Series B Note is last registered in the Note Register and by notation on
the Series B Note, whether or not such Series B Note shall be overdue, as the absolute
owner of such Series B Note, for the purpose of receiving payment of or on account of
the principal thereof, redemption price or interest and for all other purposes whatsoever,
and the City shall not be affected by any notice to the contrary.
Limitation on Series B Note Transfers. The Series B Note will be issued
to either (a) a "qualified institutional buyer" as defined in Rule 144A promulgated under
the 1933 Act, that purchases for its own account or for the account of a qualified
institutional buyer, or (b) an "accredited investor" as defined in Regulation D
promulgated under the 1933 Act, that purchases for its own account and without
registration under state or other securities laws, pursuant to an exemption for such
issuance; and accordingly the Series B Note may not be assigned or transferred in
whole or part, nor may a participation interest in the Series B Note be given pursuant to
any participation agreement, except to another "qualified institutional buyer" or
"accredited investor" in accordance with an applicable exemption from such registration
requirements and with full and accurate disclosure of all material facts to the prospective
purchaser(s) or transferee(s) and in a single denomination equal to the entire
outstanding principal balance thereof and in accordance with Section 4(a) hereof.
Issuance of Replacement Series B Note. Subject to the provisions of
Section 4(d), the City shall, at the request and expense of the Lender issue a new Series
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B Note, in aggregate outstanding principal amount equal to that of such Series B Note,
and of like tenor except as to number, principal amount, and the amount of the periodic
installments payable thereunder, and registered in the name of the Lender, or such
transferee as may be designated by the Lender, as applicable.
5. Compliance with Certain Rental and Occupancy Restrictions as to the
Project. To ensure compliance with certain rental and occupancy restrictions imposed
by the Act and Section 142(d) of the Code and to ensure compliance with certain
restrictions imposed by the City, the Project will be subject to a Regulatory Agreement,
dated on or after March 1, 2018, among the City, the Borrower, and the Trustee (the
"Regulatory Agreement").
6. Findings, Determinations, Declarations. The City acknowledges, finds,
determines, and declares that:
(a) the issuance of the Obligations, and the other actions of the City
under the Indenture, the Loan Agreements, and this resolution constitute a public
purpose and are in the interests of the City;
(b) the Project constitutes a "qualified residential rental project" within
the meaning of Section 142(d) of the Code, and a "multifamily housing development"
authorized by the Act, and furthers the purposes of the Act;
(c) in authorizing the issuance of the Obligations for the refinancing of
the Project and the related costs, the City's purpose is and the effect thereof will be to
promote the public welfare of the City and its residents by providing or preserving
affordable multifamily housing developments for low or moderate income residents of the
City and otherwise furthering the purposes and policies of the Act;
(d) the Act authorizes the acquisition and rehabilitation of the Project
to be financed and refinanced by the Obligations, the issuance and sale of the
Obligations, the execution and delivery by the City of the Bond Purchase Agreement, the
Loan Agreements, the Indenture, the Loan Assignment Agreement, the Regulatory
Agreement, any Security Agreements required to be executed or assigned by the City,
and such other documents as Bond Counsel considers appropriate in connection with
the issuance of the Obligations, the performance of all covenants and agreements of the
City contained in the documents to which it is a party, and the performance of all other
acts and things required under the constitution and laws of the State of Minnesota to
make the documents to which it is a party and Obligations valid and binding obligations
of the City in accordance with their terms;
(e) the City hereby approves the Series B Security Documents and
the execution by the Borrower and delivery to the Trustee, as security for the Series A
Bonds, of: (i) any mortgage or security agreements granting a mortgage lien or security
interest with respect to the Project or any portion thereof to the Trustee; (ii) one or more
collateral assignments of the contracts between the Borrower and the architect and
contractor with respect to the Project; (iii) one or more indemnity agreements; and (iv)
other security documents that are intended to ensure timely payment of the Series A
Loan and the Bonds. All such security documents, if any are delivered, shall be
substantially in the forms authorized by the Borrower;
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M it is desirable that the Series A Bonds be issued by the City upon
the terms set forth in the Series A Indenture and that the Series B Note be issued by the
City upon the terms set forth herein and in the Series B Loan Agreement;
(g) the payments under the Series A Loan Agreement are structured
to produce revenue sufficient to provide for the prompt payment of principal of, premium,
if any, and interest on the Series A Bonds when due, and the Series A Loan Agreement
and the Series A Indenture also provide that the Borrower is required to pay all
expenses of the operation and maintenance of the facilities to be financed by the
Obligations, including, but without limitation, adequate insurance thereon and insurance
against all liability for injury to persons or property arising from the operation thereof, and
any taxes and special assessments levied upon or with respect to the premises of said
facilities and payable during the term of the Series A Loan Agreement and the Series A
Indenture;
(h) the payments under the Series B Loan Agreement are structured
to produce revenue sufficient to provide for the prompt payment of principal of, premium,
if any, and interest on the Series B Note when due, and the Series B Loan Agreement
also provides that the Borrower is required to pay all expenses of the operation and
maintenance of the facilities to be financed by the Obligations, including, but without
limitation, adequate insurance thereon and insurance against all liability for injury to
persons or property arising from the operation thereof, and any taxes and special
assessments levied upon or with respect to the premises of said facilities and payable
during the term of the Series B Loan Agreement;
(i) as provided therein and in the Loan Agreements and the
Indenture, the Obligations are not to be payable from or charged upon any funds other
than the revenue pledged to the payment thereof; the City is not subject to any liability
thereon; no holder of any Obligation shall ever have the right to compel any exercise by
the City of any taxing powers to pay any of the Obligations 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 Series A Loan Agreement which have been assigned to the
Trustee under the Series A Indenture and the interests of the City in the Series B Loan
Agreement which have been assigned to the Lender under the Loan Assignment
Agreement; the Obligations shall not constitute a charge, lien or encumbrance, legal or
equitable, upon any property of the City except the interests of the City in the Series A
Loan Agreement which have been assigned to the Trustee under the Series A Indenture
and the interests of the City in the Series B Loan Agreement which have been assigned
to the Lender under the Loan Assignment Agreement; the Obligations shall recite that
the Obligations do not constitute or give rise to a pecuniary liability or moral obligation of
the City, the State of Minnesota, or any political subdivision thereof, and that the
Obligations, including interest thereon, are payable solely from the revenues pledged to
the payment thereof; and the Obligations shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation.
7. Approval of Forms; Execution. The Mayor and the City Manager (the
"City Officials") are hereby authorized and directed to execute and deliver the Indenture,
the Loan Agreements, the Loan Assignment Agreement, the Bonds, the Note, the Bond
Purchase Agreement, the Regulatory Agreement, and any consents or such other
documents and certificates as are necessary or appropriate in connection with the
issuance, sale, and delivery of the Obligations, including without limitation various
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certificates of the City, the Information Return for Tax -Exempt Private Activity Bond
Issues, Form 8038, a letter prepared in accordance with Section 42(m)(2)(D) of the
Code evidencing the determination of the City, as the issuer of the Obligations, based on
conclusions of a third party analyst, that the amount of tax credits to be allocated to the
Project will not exceed the amount necessary for the financial feasibility of the Project
and its viability as a qualified low-income housing project, a certificate as to arbitrage
and rebate and similar documents (collectively, the "Financing Documents"). Subject to
the provisions of Section 13 hereof, the Bonds are to be in executed the name of and on
behalf of the City by the City Officials, and are to be delivered to the Trustee for
authentication and delivery to or at the direction of the holders thereof. Subject to the
provisions of Section 13 hereof, the Note is to be executed in the name of and on behalf
of the City Officials, and is to be delivered to the Lender. Any other documents and
certificates necessary to the transaction described above may be executed by one or
more appropriate officers of the City, including but not limited to the City Manager.
Except as otherwise provided in this resolution, all rights, powers, and privileges
conferred and duties and liabilities imposed upon the City or the City 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 City Council, or such officers, board,
body or agency thereof as may be required or authorized by law to exercise such
powers and to perform such duties. Copies of all of the documents necessary to the
transaction herein described shall be delivered, filed and recorded as provided herein
and in the Loan Agreements and Indenture.
8. Official Statement. The City has not participated in the preparation of the
Official Statement relating to the offer and sale of the Bonds (the "Official Statement"),
and has made no independent investigation with respect to the information contained
therein, including the appendices thereto, and the City assumes no responsibility for the
sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the
City hereby consents to the distribution and the use by the Underwriter of the Official
Statement in connection with the offer and sale of the Bonds. The Official Statement is
the sole material consented to by the City for use in connection with the offer and sale of
the Bonds.
9. Incorporation of Provisions of Financing Documents. All of the provisions
of the Financing 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. The Indenture, the Loan Agreements, the Loan
Assignment Agreement, the Bonds, the Note, and the Regulatory Agreement shall be
substantially in the forms currently on file with the City, which are hereby approved, with
such necessary and appropriate variations, 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 determination.
10. Individual Capacity: Personal Liability. No 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 City Council, or any officer, agent or employee of the City in that person's individual
capacity, and neither the City Council nor any officer or employee executing the
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Obligations shall be personally liable on the Obligations or be subject to any personal
liability or accountability by reason of the issuance thereof.
11. Rights, Remedies or Claims Are Sole and Exclusive Benefit of City and
Holders of Obligations. Except as otherwise expressly provided herein, 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, or
any holder of the Obligations 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 Obligations issued under the provisions of this
resolution.
12. Illegal or Invalid Provisions. In case any one or more of the provisions of
this resolution, other than the provisions contained Section 1, or of the aforementioned
documents, or of the Obligations 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 Obligations, but this resolution,
the aforementioned documents, and the Obligations shall be construed and endorsed as
if such illegal or invalid provisions had not been contained therein.
13. Changes in Forms Approved; Authorization to Act; Delegation of Duties.
The approval hereby given to the various documents referred to in this resolution
includes approval of such additional details therein as may be necessary and
appropriate and such modifications thereof, deletions therefrom and additions thereto as
may be necessary and appropriate as determined by the parties thereto and approved
by the appropriate City staff person or by the officers authorized herein to execute or
accept, as the case may be, said documents prior to their execution; and said officers or
staff members are hereby authorized to approve said changes on behalf of the City. The
execution of any instrument by the appropriate officer or officers of the City herein
authorized shall be conclusive evidence of the approval of such document in accordance
with the terms hereof. The 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 Obligations, for the full, punctual, and complete performance of all
the terms, covenants, and agreements contained in the Obligations, the aforementioned
documents, and this resolution. If for any reason either of the City Officials is unable to
execute and deliver the documents referred to in this resolution, such documents may
be executed by any member of the City Council or any officer of the City delegated the
duties of such City Officials with the same force and effect as if such documents were
executed and delivered by such City Officials.
14. Future Amendments. The authority to approve, execute and deliver
future amendments to the Financing Documents herein authorized entered into by the
City in connection with the issuance of the Obligations and any consents required under
the Financing Documents is hereby delegated to the City Officials upon consultation with
the City's bond counsel, subject to the following conditions: (a) such amendments or
consents do not require the consent of the holder of the Obligations or such consent has
been obtained; (b) such amendments or consents to not materially adversely affect the
interests of the City; (c) such amendments or consents do not contravene or violate any
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policy of the City; and (d) such amendments or consents are acceptable in form and
substance to the City's bond counsel. The authorization hereby given shall be further
construed as authorization for the execution and delivery of such certificates and related
items as may be required to demonstrate compliance with the agreements being
amended and the terms of this resolution. The execution of any instrument by the City
Officials shall be conclusive evidence of the approval of such instruments in accordance
with the terms hereof. In the absence of either of the City Officials, any instrument
authorized by this paragraph to be executed and delivered may be executed by the
officer of the City or the City authorized to act in his/her place and stead.
15. Bond Counsel. The City hereby authorizes Kennedy & Graven,
Chartered, as bond counsel, to prepare, execute, and deliver its approving legal opinions
with respect to the Obligations.
16. Validity. The Obligations, when executed and delivered, shall contain a
recital that they are issued pursuant to the Act, and such recital shall be conclusive
evidence of the validity of the Obligations 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 Obligations, 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.
17. Administrative Fee; Indemnification by Borrower. The Borrower shall pay
the administrative fee of the City as provided in the Financing Documents. 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
Obligations, whether or not the Obligations are issued, including any costs for attorneys'
fees. The Borrower shall indemnify the City against all liabilities, losses, damages, costs
and expenses (including attorney's fees and expenses incurred by the City) arising with
respect to the Project or the Obligations, as provided for and agreed to by the Borrower
in the Loan Agreements.
18. Denominations. The City hereby authorizes the issuance of the Series A
Bonds in minimum denominations of $5,000 subject to obtaining a rating in the A or
higher category, otherwise the Series A Bonds will be issued in minimum denominations
of $100,000. The Series B Note shall be in a denomination equal to its entire principal
amount.
19. Governmental Program. The City has established a governmental
program of acquiring purpose investments for qualified residential rental projects. The
governmental program is one in which the following requirements of §1.148-1(b) of the
federal regulations relating to tax-exempt obligations shall be met:
(a) the program involves the origination or acquisition of purpose
investments;
(b) at least 95% of the cost of the purpose investments acquired under the
program represents one or more loans to a substantial number of persons representing
the general public, states or political subdivisions, 501(c)(3) organizations, persons who
provide housing and related facilities, or any combination of the foregoing;
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(c) at least 95% of the receipts from the purpose investments are used to pay
principal, interest, or redemption prices on issues that financed the program, to pay or
reimburse administrative costs of those issues or of the program, to pay or reimburse
anticipated future losses directly related to the program, to finance additional purpose
investments for the same general purposes of the program, or to redeem and retire
governmental obligations at the next earliest possible date of redemption;
(d) the program documents prohibit any obligor on a purpose investment
financed by the program or any related party to that obligor from purchasing Obligations
of an issue that finances the program in an amount related to the amount of the purpose
investment acquired from that obligor; and
(e) the City shall not waive the right to treat the investment as a program
investment.
20. Headings; Terms. Paragraph headings in this resolution are for
convenience of reference only and are not a part hereof, and shall not limit or define the
meaning of any provision hereof. Capitalized terms used but not defined herein shall
have the meanings given them in the Financing Documents.
21. Previous Resolutions Supplemented. The provisions of this resolution
hereby supplement the Preliminary Resolution and the Temporary Note Resolution.
22. Effective Date. This resolution shall be in full force and effect from and
after its approval.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
3. Approval of the April 21, 2018 Spring Clean Up Event
Councilmember Abrams moved to approve the 2018 Spring Clean -Up Event scheduled
for Saturday. April 21 from 8 a.m. to 1 p.m. at Aldrich Arena, 1850 White Bear Avenue.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
4. Approval of Maplewood Living Contract
Councilmember Abrams moved to approve the continuation of the agreement with
Nystrom Publishing to include lav out, printing and postage beginning March 1, 2018
through February 28, 2020 for the Maplewood Monthly, Maplewood Seasons, and
Maplewood Parks & Recreation brochures.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
5. Approval Authorizing Purchase of Bituminous Materials for 2018
February 26, 2018 15
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Councilmember Abrams moved to approve the Street Superintendent purchase
bituminous materials in an amount up to $70,000.00 from T.A. Schifsky and Sons during
the 2018 calendar year.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
H. PUBLIC HEARINGS
1. Comcast Cable Franchise Renewal Public Comment
City Manager Coleman introduced the staff report. IT Director Fowlds gave the specifics
of the report.
Mayor Slawik opened the public hearing. The following people spoke
1. Mark Bradley, 2164 Woodlynn Avenue
2. Jo Strom, McKnight Road, North St. Paul Resident
3. Diana Longrie, 1771 Burr Street, Put Your Hands Together Productions, Inc.
4. Kevin Berglund, Citizen's Reporter News
5. Bob Zick, Inside Insight News Hour
Mayor Slawik closed the public hearing.
No action was taken by the council.
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
Consider Approval of an On -Sale Intoxicating Liquor and Sunday Sales
License for TK Inspiration, Inc d/b/a Bleechers Bar and Grill, 2220 White Bear
Avenue N
City Manager Coleman introduced the staff report. Deputy Clerk Schmidt gave the
specifics of the report. Commander Shortreed answered questions of the council. Dao
Hoang and Kevin Vu addressed the council to give information on their background and
the opening of Bleechers Bar and Grill.
Councilmember Xiong moved to approve the issuance of an On -Sale Intoxicating Liquor
and Sunday Sales license for TK Inspiration, Inc d/b/a Bleechers Bar and Grill, 2220
White Bear Avenue N, contingent upon satisfactory results of building, fire, and health
inspections.
Seconded by Councilmember Juenemann Ayes — All
The motion passed
February 26, 2018 16
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2. Consider Approval of a Wetland Buffer Waiver for a Spent Lime Treatment
Structure at Joy Park Neighborhood Preserve
City Manager Coleman introduced the staff report. Natural Resources Coordinator
Gaynor gave the staff report. Greg Williams with Barr Engineering on behalf of Valley
Branch Watershed District addressed the council to give additional information on the
Spent Lime Treatment Structure.
Councilmember Abrams moved to approve the wetland buffer waiver to construct a
spent lime treatment facility within the buffer of a Manage B wetland located in the Joy
Park Neighborhood Preserve.
Seconded by Councilmember Juenemann Ayes — All
The motion passed
3. Consider Approval for Improvements at Edgerton Community Garden
City Manager Coleman introduced the staff report. Natural Resources Coordinator
Gaynor gave the staff report.
Councilmember Abrams moved to approve the Edgerton Community Garden
improvements not to exceed $50,000; and authorize staff to seek quotes and authorizes
the Citv Manaaer and Mavor to enter into contracts with contractors for the landscape
improvements.
Seconded by Councilmember Juenemann Ayes — All
The motion passed
4. Consider Approval of Wakefield Park Improvements, 1725 Prosperity Road N
a. Conditional Use Permit Resolution
b. Approval of Plans and Advertising for Bids Resolution
Economic Development Coordinator Martin gave the staff report. Parks & Recreation
Manager Robbins gave additional information on the Wakefield Park Improvements.
Todd Haulunen, Project Manager with Kimley-Horn and Associates, Inc. and Tim
Mcllwain, Architect with Hagen, Christensen & MclLwain addressed the council to give
the presentation and answer questions of the council. Commissioner Bill Kempe
addressed the council to the Planning Commission report.
Councilmember Abrams moved to approve the conditional use permit resolution to allow
a 3,300 square foot community building within the OSP (open space and parks) zoning
district for the property located 1725 Prosperity Road North subject to the following
conditions:
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
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approval or the permit shall end. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The use of nine foot wide parking spaces is approved as an expansion of a legal,
nonconforming use.
5. Prior to receiving any building permits related to this project, the Community Design
Review Board must approve all design plans.
Resolution 18-02-1540
WHEREAS, the City of Maplewood Parks and Recreation Department has
applied for a conditional use permit to build a community building at 1725 Prosperity
Road North.
WHEREAS, conditional use permits are required for any public service or public
building use.
WHEREAS, this permit applies to the 34.32 acre site at 1725 Prosperity Avenue
North. The property identification number is:
15-29-22-43-0022
WHEREAS, the history of this conditional use permit is as follows:
On February 20, 2018, the planning commission held a public hearing. The city
staff published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners. The planning commission gave everyone at the
hearing a chance to speak and present written statements. The planning
commission recommended that the city council approve the conditional use
permit.
2. On February 26, 2018, the city council discussed the conditional use permit.
They considered reports and recommendations from the planning commission
and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the
above-described conditional use permit because:
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,
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vibration, general unsightliness, electrical interference or other nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer systems,
schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site's natural
and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
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.
4. The use of nine foot wide parking spaces is approved as an expansion of a legal,
nonconforming use.
5. Prior to receiving any building permits related to this project, the Community
Design Review Board must approve all design plans.
Seconded by Councilmember Juenemann Ayes — All
The motion passed
Councilmember Juenemann moved to approve the resolution for the Wakefield Park
Improvements, City Project PR 17-01, Approving Plans and Advertising for Bids.
Resolution 18-02-1541
Approving Plans
Advertising for Bids
WHEREAS, the City Council on February 27, 2017 authorized City staff to
proceed with the Wakefield Park Improvements, City Project PR 17-01,
WHEREAS, City staff has contracted with Kimley-Horn and Associates, Inc. to
prepare plans and specifications and who has presented such plans and specifications
to the Council for approval,
February 26, 2018 19
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and
made a part hereof, are hereby approved and ordered placed on file in the office of the
Parks and Recreation Director.
2. The City Clerk or office of the Parks and Recreation Director shall prepare
and cause to be inserted into the official paper and Finance and Commerce an
advertisement for bids upon the making of such improvement under such approved
plans and specifications. The advertisement shall be published twice, at least twenty-one
days before the date set for bid opening, shall specify the work to be done, shall state
that bids will be publicly opened and considered by the Council at 10:00 a.m. on the 21st
day of March, 2018, at City Hall and that no bids shall be considered unless sealed and
filed with the clerk and accompanied by a certified check or bid bond, payable to the City
of Maplewood, Minnesota for five percent of the amount of such bid.
3. The City Clerk and the Parks and Recreation Director are hereby
authorized and instructed to receive, open, and read aloud bids received at the time and
place herein noted, and to tabulate the bids received. The Council will consider the bids,
and the award of a contract, at the regular City Council meeting of March 26, 2018.
Seconded by Councilmember Xiong Ayes — All
The motion passed
K. AWARD OF BIDS
None
L. ADJOURNMENT
Mayor Slawik adjourned the meeting at 9:22 p.m.
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