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HomeMy WebLinkAbout2018-02-26 City Council Meeting MinutesA C E 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 February 26, 2018 City Council Meeting Minutes 1 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. February 26, 2018 2 City Council Meeting Minutes 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 February 26, 2018 3 City Council Meeting Minutes G 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 February 26, 2018 City Council Meeting Minutes 0 $ 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. February 26, 2018 5 City Council Meeting Minutes 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 February 26, 2018 6 City Council Meeting Minutes 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 February 26, 2018 7 City Council Meeting Minutes 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. February 26, 2018 8 City Council Meeting Minutes 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 February 26, 2018 9 City Council Meeting Minutes 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; February 26, 2018 10 City Council Meeting Minutes 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 February 26, 2018 11 City Council Meeting Minutes 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 February 26, 2018 12 City Council Meeting Minutes 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 February 26, 2018 13 City Council Meeting Minutes 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; February 26, 2018 14 City Council Meeting Minutes (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 City Council Meeting Minutes 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 City Council Meeting Minutes 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 February 26, 2018 17 City Council Meeting Minutes 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, February 26, 2018 18 City Council Meeting Minutes 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 City Council Meeting Minutes 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. February 26, 2018 20 City Council Meeting Minutes