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HomeMy WebLinkAbout2022-05-23 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 23, 2022 City Hall, Council Chambers Meeting No. 12-22 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:02 p.m. by Mayor Abrams. Mayor Abrams reported on a busy Maplewood weekend which included the tree sale pick up and spring clean-up. Councilmember Juenemann shared the statistics of the clean-up event. Mayor Abrams and Councilmember Knutson also attended the Fire OPS event at the Maplewood Fire Training Center and participated in different firefighting exercises. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Nikki Villavicencio, Councilmember Present D. APPROVAL OF AGENDA The following items were added to Council Presentations: Thank You for City Clean-Up Catalytic Converter Kits Councilmember Knutson moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. May 09, 2022 City Council Workshop Meeting Minutes Councilmember Juenemann moved to approve the May 09, 2022 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Cave Ayes – All The motion passed. May 23, 2022 City Council Meeting Minutes 1 2. May 09, 2022 City Council Meeting Minutes Mayor Abrams corrected F2, Catalytic Converter Thefts to read: “for thefts of catalytic converters”. Councilmember Juenemann moved to approve the May 09, 2022 City Council Meeting Minutes as amended. Seconded by Councilmember Knutson Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations Thank You for City Clean-Up Councilmember Juenemann thanked the Public Works Department and Police Reserves for assisting with the event and commented on the participation and success of the event. Catalytic Converter Kits Mayor Abrams shared that city hall has a limited number of catalytic converter kits available for residents to apply to their vehicle, and shared there is a list on the city website of the most at risk and targeted vehicles for catalytic converter thefts. 3. Resolution Awarding Pete Boulay the 2021 Maplewood Heritage Award Communications Manager Sheeran gave the staff report. Mayor Abrams read the resolution awarding Peter Boulay the 2021 Maplewood Heritage Award. Councilmember Cave read the previously approved resolution awarding Janice Quick the 2020 Maplewood Heritage Award. Councilmember Villavicencio read the previously approved resolution awarding Gary Bastian the 2019 Maplewood Heritage Award. Councilmember Juenemann moved to approve the Resolution Awarding the 2021 Maplewood Heritage Award to Pete Boulay. Resolution 22-05-2085 RESOLUTION AWARDING THE 2021 MAPLEWOOD HERITAGE AWARD TO PETE BOULAY WHEREAS, Pete Boulay, actively served on the Heritage Preservation Commission from 1995 to 2021, serving as chair from 2011 to 2021; May 23, 2022 City Council Meeting Minutes 2 WHEREAS, Pete Boulay has been a member of the Maplewood Area Historical Society, serving as President from 1997 to 2001; WHEREAS, Pete Boulay was a dedicated volunteer at the Bruentrup Farm; WHEREAS, Pete Boulay has authored or contributed to several published books, articles and video productions, including Lost City of Gladstone: A History of Maplewood from its Beginnings, 60 Stories of Maplewood, and History of the Gladstone Shops; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, that Pete Boulay is hereby presented the Maplewood Heritage Award, which recognizes an individual who has significantly contributed to preservation of Maplewood history or historic sites through research, preservation, or education and outreach. Seconded by Councilmember Knutson Ayes – All The motion passed. 4. Resolution of Appreciation for HPC Commissioner Margaret Fett Communications Manager Sheeran gave the staff report. Mayor Abrams read the resolution of appreciation. Councilmember Juenemann moved to approve the resolution of appreciation for Margaret Fett. Resolution 22-05-2086 RESOLUTION OF APPRECIATION WHEREAS, Margaret Fett has been a member of the Maplewood Heritage Preservation Commission from November 2017 to April 2022; and WHEREAS, the Heritage Preservation Commission and the City Council appreciate her experience, insights, and good judgment; and WHEREAS, Ms. Fett has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Fett has shown dedication to her duties and has consistently contributed her leadership and efforts for the benefits of the City; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Margaret Fett is hereby extended our gratitude and appreciation for her dedicated service. Seconded by Councilmember Cave Ayes – All The motion passed. 5. Resolution for Commissioner Reappointment May 23, 2022 City Council Meeting Minutes 3 City Manager Coleman gave the staff report. Councilmember Juenemann moved to approve the resolution for Commissioner Reappointment. Resolution 22-05-2087 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individual, who the Maplewood City Council has reviewed, to be reappointed to the following commission: Community Design Review Board Ananth Shankar, term expires 4/30/2025 Seconded by Councilmember Knutson Ayes – All The motion passed. 6. YMCA Annual Report City Manager Coleman introduced the item. Mike Lavin, the YMCA Vice President of Operations, addressed council and gave the presentation. No Action Required. 7. Update on the Ponds of Battle Creek Community Development Director Thomson gave the presentation. No Action Required. G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda item G5 was pulled for discussion and separate vote. Agenda items G6 & G10 were highlighted. Councilmember Juenemann moved to approve agenda items G1-G4 & G6-G10. Seconded by Councilmember Cave Ayes – All The motion passed. May 23, 2022 City Council Meeting Minutes 4 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 866,240.20 Checks # 108947 thru # 108983 dated 05/10/22 $ 457,053.79 Checks # 108984 thru # 109010 dated 05/17/22 $ 1,041,393.48 Disbursements via debits to checking account dated 05/02/22 thru 05/15/22 $ 2,364,687.47 Total Accounts Payable PAYROLL $ 647,465.88 Payroll Checks and Direct Deposits dated 05/13/22 $ 647,465.88 Total Payroll $ 3,012,153.35 GRAND TOTAL Seconded by Councilmember Cave Ayes – All The motion passed. 2. Financial Report for the Month Ended April 30, 2022 No action required. 3. Resolution Adopting State Performance Measures Councilmember Juenemann moved to approve the Resolution to Adopt the State Performance Measures for 2022. Resolution 22-05-2088 RESOLUTION ADOPTING STATE PERFORMANCE MEASURES WHEREAS, Benefits to the City of Maplewood for participation in the Minnesota Council on Local Results and Innovation’s comprehensive performance measurement program are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; and WHEREAS, Any city or county participating in the comprehensive performance measurement program is also exempt from levy limits for taxes, if levy limits are in effect; and May 23, 2022 City Council Meeting Minutes 5 WHEREAS, The City Council of Maplewood has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a system to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes; and NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of Maplewood will continue to report the results of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, The City Council of Maplewood will submit to the Office of the State Auditor the actual results of the performance measures adopted by the city/county. Seconded by Councilmember Cave Ayes – All The motion passed. 4. Approval of Budgeted Transfers Councilmember Juenemann moved to approve the transfers dated May 23, 2022 and authorize the Finance Director to make the necessary accounting entries. Seconded by Councilmember Cave Ayes – All The motion passed. 5. Conditional Use Permit Review, Menards, 2280 Maplewood Drive Community Development Director Thomson gave the staff report. Nick Brenner, from Menards, addressed council and provided information. Councilmember Juenemann moved to approve the CUP review for the Menards redevelopment project, located at 2280 Maplewood Drive, for a period of six months. Seconded by Councilmember Cave Ayes – All The motion passed. 6. Conditional Use Permit Review, John Glenn Middle School, 1560 County Road B East Councilmember Juenemann moved to approve the CUP review for Independent School District 622’s building addition and renovation to John Glenn Middle School, located at 1560 County Road B East, for one year. Seconded by Councilmember Cave Ayes – All The motion passed. May 23, 2022 City Council Meeting Minutes 6 7. Conditional Use Permit Review, Carver Elementary School, 2680 Upper Afton Road East Councilmember Juenemann moved to approve the CUP review for Independent School District 622’s building addition and remodel at Carver Elementary, located at 2680 Upper Afton Road East, for one year. Seconded by Councilmember Cave Ayes – All The motion passed. 8. Conditional Use Permit Review, Cassia Senior Housing Facility, 1438 County Road C East Councilmember Juenemann moved to approve the CUP review for Cassia’s new senior housing facility, located at 1438 County Road C East, for one year. Seconded by Councilmember Cave Ayes – All The motion passed. 9. Conditional Use Permit Review, Saint John’s Hospital, 1575 Beam Avenue East Councilmember Juenemann moved to approve the CUP review for Saint John’s Hospital’s building expansion, located at 1575 Beam Avenue East, for one year. Seconded by Councilmember Cave Ayes – All The motion passed. 10. Resolution Approving Grant Agreement To State Transportation Fund Local Road Improvement Program Grant Terms and Conditions SAP 138-141-001, McMenemy Street Improvements, City Project 21-02 Councilmember Juenemann moved to approve the resolution for the Grant Agreement to State Transportation Fund Local Road Improvement Program Grant Terms and Conditions, SAP 138-141-001, McMenemy Street Improvements, City Project 21-02 and authorize the Mayor and City Manager to sign the attached resolution and LRIP Grant Agreement. Minor revisions as approved by the City Attorney are authorized as needed. Resolution 22-05-2089 GRANT AGREEMENT TO STATE TRANSPORTATION FUND LOCAL ROAD IMPROVEMENT PROGRAM GRANT TERMS AND CONDITIONS SAP 138-141-001 WHEREAS, the City of Maplewood has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement; and May 23, 2022 City Council Meeting Minutes 7 WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $1,250,000.00 by reason of the lowest responsible bid; NOW THEREFORE, be it resolved that the City of Maplewood does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required. The proper city officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Seconded by Councilmember Cave Ayes – All The motion passed. H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None otion passed I. UNFINISHED BUSINESS 1. Resolution Awarding the Sale of G.O. Improvement Bonds, Series 2022A Finance Director Paulseth gave the staff report. Jason Aarsvold, Senior Municipal Advisor with Ehlers addressed the council and provided further information. Councilmember Juenemann moved to adopt the Resolution Awarding the Sale of General Obligation Improvement Bonds, Series 2022A, in the Original Aggregate Principal Amount of $2,925,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Resolution 22-05-2090 A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2022A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $2,925,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Maplewood, Ramsey County, Minnesota (the “City”), as follows: Section 1. Sale of Bonds. 1.01 Authority. It is hereby determined that: May 23, 2022 City Council Meeting Minutes 8 (a) Certain assessable public improvements within the City, including but not limited to the projects designated by the City as Cope Avenue Improvements, City Project 21-06, and McMenemy Street Improvement Project, City Project 21-02 (collectively, the “Improvements”), have been made, duly ordered or contracts have been let for the construction thereof pursuant to the provisions of Minnesota Statutes, Chapters 429 and 475, as amended (collectively, the “Act”). (b) It is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Improvement Bonds, Series 2022A (the “Bonds”), in the original aggregate principal amount of $2,925,000, pursuant to the Act, to provide financing for the Improvements. (c) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. The actions of the City staff and the City’s municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to the Purchaser and Interest Rates. The proposal of Robert W. Baird & Co., Inc., Milwaukee, Wisconsin (the “Purchaser”), to purchase the Bonds of the City is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $3,020,023.80 (the par amount of $2,925,000.00, plus original issue premium of $117,739.00, less underwriter’s discount of $22,715.20), plus accrued interest, if any, to the date of delivery, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2024 4.000% 2030 4.000% 2025 4.000 2031 4.000 2026 4.000 2032 3.000 2027 4.000 2034* 4.000 2028 4.000 2036* 3.500 2029 4.000 2038* 3.500 ______________________ *Term Bond True interest cost: 3.2740802% 1.03. Purchase Contract. Any amount paid by the Purchaser in excess of the minimum purchase price, shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the City’s Finance Director (the “Finance Director”) in consultation with the City’s municipal advisor. The Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act in the total principal amount of $2,925,000, originally dated June 15, 2022, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R- 1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: May 23, 2022 City Council Meeting Minutes 9 Year Amount Year Amount 2024 $145,000 2030 $185,000 2025 $155,000 2031 $200,000 2026 $155,000 2032 $200,000 2027 $165,000 2034* $420,000 2028 $170,000 2036* $460,000 2029 $180,000 2038* $490,000 ______________________ *Term Bond 1.05. Optional Redemption. The City may elect on February 1, 2031, and on any day thereafter to prepay the Bonds maturing on or after February 1, 2032. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.06. Mandatory Redemption; Term Bond. The Bonds maturing on February 1, 2034, February 1, 2036, and February 1, 2038 shall hereinafter be referred to as the “Term Bonds.” The principal amount of the Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bonds credited against future mandatory sinking fund redemptions of such Term Bond in such order as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows: Sinking Fund Installment Date Principal Amount February 1, 2034 Term Bond 2033 $205,000 2034* 215,000 ____________________ * Maturity February 1, 2036 Term Bond 2035 $225,000 2036* 235,000 ____________________ * Maturity February 1, 2038 Term Bond 2037 $240,000 2038* 250,000 ____________________ * Maturity May 23, 2022 City Council Meeting Minutes 10 Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2023, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. May 23, 2022 City Council Meeting Minutes 11 (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to the registered owner or upon the registered owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty (30) days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of the City Council, the City Manager must transmit to the Registrar money sufficient for the payment of all principal and interest then due. May 23, 2022 City Council Meeting Minutes 12 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form as attached hereto as EXHIBIT B. 3.02. Approving Legal Opinion. The City Manager is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds are payable from the General Obligation Improvement Bonds, Series 2022A Debt Service Fund (the “Debt Service Fund”) hereby created, and the proceeds of general taxes hereinafter levied (the “Taxes”) and special assessments levied or to be levied (the “Assessments”) for the Improvements described herein are hereby pledged to the Debt Service Fund. There is appropriated to the Debt Service Fund: (i) capitalized interest financed from Bond proceeds, if any; (ii) any amount over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof; (iii) all investment earnings on funds in the Debt Service Fund; and (iv) certain available funds of the City appropriated to the payment of principal or interest on the Bonds. 4.02. Construction Fund. The proceeds of the Bonds, less the appropriations made in Section 4.01 hereof and costs of issuance paid pursuant to Section 4.08, together with any other funds appropriated for the Improvements, the Assessments and the Taxes collected during the construction of the Improvements, will be deposited in a separate construction fund (the “Construction Fund”) to be used solely to defray expenses of the Improvements and the payment of principal of and interest on the Bonds prior to the completion and payment of all costs of the Improvements. Any balance remaining in the Construction Fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act under the direction of the City Council. When the Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and subsequent collections of Assessments for the Improvements and any Taxes are to be deposited in the Debt Service Fund. May 23, 2022 City Council Meeting Minutes 13 4.03. City Covenants. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) It is hereby determined that the Improvements will directly and indirectly benefit abutting property and other identified property, and that at least twenty percent (20%) of the cost of the assessable Improvements described herein will be specially assessed against benefited properties. The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2023 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, money on hand, and the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.04. Pledge of Tax Levy. For the purpose of paying a portion of the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as attached hereto as EXHIBIT C. 4.05. General Obligation Pledge. For the prompt and full payment of principal of and interest on the Bonds, as the same respectively become due, the full faith, credit, and taxing powers of the City are irrevocably pledged. If a payment of principal of or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Manager is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances with or without interest from the Debt Service Fund when a sufficient balance is available therein. 4.06. Certification to County Auditor as to Debt Service Fund Amount. It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided for the Bonds is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Finance Director may certify to the Director of Property Records and Revenue of Ramsey County, Minnesota (the “County Auditor”) the amount available in the Debt Service Fund to pay principal May 23, 2022 City Council Meeting Minutes 14 and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.07. Certificate of County Auditor as to Registration. The City Manager is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Section 475.63 of the Act. 4.08. Payment of Costs of Issuance. The City authorizes the Purchaser to deposit the amount of Bond proceeds allocable to the payment of issuance expenses being paid on the closing date in accordance with the closing memorandum prepared by City’s municipal adviser, Ehlers & Associates, Inc. for further distribution by Ehlers & Associates, Inc. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Final Official Statement. The Mayor and the City Manager are authorized and directed to certify that they have examined the Final Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Final Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Final Official Statement. 5.03. Other Certificates. The Mayor, the City Manager, and the Finance Director are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor and the City Manager shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 5.04. Electronic Signatures. The electronic signature of the Mayor, City Manager, and Finance Director, to this resolution or to any certificate authorized to be executed hereunder shall be as valid as an original signature of such party and shall be effective to bind the City thereto. For purposes hereof, (i) “electronic signature” means a manually signed original signature that is then transmitted by electronic means; and (ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a portable document format (“pdf”) or other replicating image attached to an electronic mail or internet message. May 23, 2022 City Council Meeting Minutes 15 Section 6. Tax Covenants. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, determines, and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or the Improvements financed by the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not “private activity bonds” as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2022 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2022 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. 6.06. Reimbursement. The City has or may have incurred certain expenditures with respect to the Improvements that were financed temporarily from other sources but are expected to be reimbursed with proceeds of the Bonds. The City hereby declares its intent to reimburse certain costs of the Improvements from proceeds of the Bonds (the “Declaration”). This Declaration is May 23, 2022 City Council Meeting Minutes 16 intended to constitute a declaration of official intent for purposes of the Section 1.150-2 of the Treasury Regulations promulgated under the Code. Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities of the Bonds as described in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon May 23, 2022 City Council Meeting Minutes 17 DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and the City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section. Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) May 23, 2022 City Council Meeting Minutes 18 EXHIBIT A PROPOSALS May 23, 2022 City Council Meeting Minutes 19 May 23, 2022 City Council Meeting Minutes 20 EXHIBIT B FORM OF BOND No. R-_____ $________ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD GENERAL OBLIGATION IMPROVEMENT BOND SERIES 2022A Date of Interest Rate Maturity Date Original Issue CUSIP ______, 20__ June 15, 2022 Registered Owner: Cede & Co. The City of Maplewood, Minnesota, a duly organized and existing municipal corporation in Ramsey County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $__________ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing February 1, 2023, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2031, and on any day thereafter to prepay the Bonds due on or after February 1, 2032. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The Bonds maturing on February 1, 2034, February 1, 2036, and February 1, 2038 shall hereinafter be referred to as the “Term Bonds.” The principal amount of the Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bonds credited against future mandatory sinking fund redemptions of such Term Bond in such order May 23, 2022 City Council Meeting Minutes 22 as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows: Sinking Fund Installment Date Principal Amount February 1, 2034 Bond 2033 $205,000 2034* 215,000 ____________________ * Maturity February 1, 2036 Term Bond 2035 $225,000 2036* 235,000 ____________________ * Maturity February 1, 2038 Term Bond 2037 $240,000 2038* 250,000 ____________________ * Maturity This Bond is one of an issue in the original aggregate principal amount of $2,925,000, all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on May 23, 2022 (the “Resolution”), for the purpose of providing money to defray the expenses incurred and to be incurred in making certain assessable local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, as amended, and the principal hereof and interest hereon are payable in part from special assessments against property specially benefited by local improvements and in part from ad valorem taxes for the City’s share of the cost of the improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The City Council has designated the issue of Bonds of which this Bond forms a part as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at May 23, 2022 City Council Meeting Minutes 23 the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: June __, 2022 CITY OF MAPLEWOOD, MINNESOTA (Facsimile) (Facsimile) Mayor City Manager _________________________________ CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By Authorized Representative _________________________________ ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: May 23, 2022 City Council Meeting Minutes 24 TEN COM -- as tenants in common UNIF GIFT MIN ACT _________ Custodian _________ (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors Act, State of _______________ JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. ________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) May 23, 2022 City Council Meeting Minutes 25 Please insert social security or other identifying number of assignee _________________________________ PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of Registrar Cede & Co. Federal ID #13-2555119 (The remainder of this page is intentionally left blank.) May 23, 2022 City Council Meeting Minutes 26 EXHIBIT C TAX LEVY SCHEDULE May 23, 2022 City Council Meeting Minutes 27 Seconded by Councilmember Cave Ayes – All The motion passed. J. NEW BUSINESS 1. Rental Licensing and Excessive Calls for Service a. Ordinance Amending Maplewood City Code Pertaining to Licensing of Rental Dwellings and Repeat Nuisance Service Calls b. Resolution Authorizing Publication of Ordinance by Title and Summary (4 votes) Community Development Thomson gave the staff report. Councilmember Juenemann moved to adopt the Ordinance Amending Maplewood City Code Pertaining to Licensing of Rental Dwellings and Repeat Nuisance Service Calls. Ordinance 1030 AN ORDINANCE AMENDING CHAPTER 12 AND CHAPTER 24 OF THE MAPLEWOOD CITY CODE PERTAINING TO LICENSING OF RENTAL DWELLINGS AND REPEAT NUISANCE SERVICE CALLS THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Section 12-600 of the Maplewood City Code is hereby amended as follows: Sec. 12-600. Purpose. It is the purpose of this chapter to protect the public health, safety and welfare of the city by adopting a rental dwelling licensing, inspection, and maintenance program that corrects substandard conditions, maintains standards for existing and newly constructed rental dwellings, protects the safety of residents and the community and ensures neighborhood stability in the city. The operation of rental properties is a business enterprise that includes certain responsibilities. Rental dwelling owners and managers are responsible to take such reasonable steps as are necessary to ensure that the residents who occupy such rental units, as well as neighboring properties, may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe, secure, sanitary, free from noise, nuisances and annoyances, and free from unreasonable fears about safety of persons and property. Section 2. Section 12-608 of the Maplewood City Code is hereby amended as follows: Sec. 12-608. Tenant background checks and roster. As a condition of the license, the licensee must, as a continuing obligation, conduct a criminal background check on all prospective tenants and maintain a current roster of tenants and other persons who have a lawful right to occupy the rental dwelling. The licensee must designate the name of the person or persons who will have possession of the roster and must promptly notify the city manager of any change in the identity, address or telephone numbers of the designee. The roster must be available for inspection by city officials upon request. If a person under investigation by the city claims a lawful right to occupy a rental dwelling or be May 23, 2022 City Council Meeting Minutes 28 present on the rental property, the city manager may request to inspect the lease for the unit in which the person claims to reside. Upon such request, the licensee shall provide the lease for inspection by the city manager and cooperate in identifying persons with a lawful right to be present on the rental property. Section 3. Section 12-614 of the Maplewood City Code is hereby amended as follows: Sec. 12-614. Maintenance standards. (a) It is the responsibility of the licensee to assure that every rental dwelling is maintained in compliance with all city ordinances and state and federal laws. A violation of any of the following City Code titles or chapters constitutes a violation of this chapter and a public nuisance and may be abated under the provisions of the Nuisances chapter (18-26) or Administrative Offenses chapter (section 1-17) of City Code: (1) Building and Building Regulations Code (chapter 12), (2) Zoning Code (chapter 44), (3) Animals Code (chapter 10), (4) Fire Prevention and Protection Code (chapter 20), (5) Offenses and Miscellaneous Provisions (chapter 24), (6) Environment (chapter 18). (b) Snow and ice removal. Rental dwellings containing four or more dwelling units must remove snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch or more, from all walkways, sidewalks and steps within 12 hours of cessation of the snowfall. Rental dwellings containing four or more dwelling units must remove snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches or more from parking aisles, parking areas, and drives within 72 hours of cessation of the snowfall. (c) Inspections. The building official, fire chief, police chief and their respective representatives are authorized to make inspections reasonably necessary to enforce this chapter. All authorized inspectors have the authority to enter any rental dwelling at all reasonable times. Pursuant to Minn. Stats. § 504B.211, the licensee is responsible for scheduling the inspection and notifying any existing tenant of the inspection. The licensee must provide access to the requesting city official at the date and time of the scheduled inspection. Failure to provide access for any reason may result in a re-inspection fee, in addition to any other sanctions imposed for noncompliance. (d) Access by occupant. Each occupant of a rental dwelling shall give the licensee or manager or authorized city official access to any part of such rental dwelling at reasonable times for the purpose of inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this chapter. (e) Solid waste. Rental dwellings must comply with the Solid Waste Management Ordinance (chapter 30) for trash and recycling collection. Section 4. Section 12-615 of the Maplewood City Code is hereby amended as follows: May 23, 2022 City Council Meeting Minutes 29 Sec. 12-615. License denial, suspension, or revocation. (a) Grounds for denial, suspension or revocation. The city manager may deny or not renew a license and the city council may revoke or suspend a license for any of the following reasons that shall also constitute a violation of this chapter: (1) The property does not conform to City Code; (2) The property does not comply with a health, building, maintenance, or other provisions of the City Code or state law; (3) The licensee has failed to pay the license fee, inspection fees, or a fine that has been imposed; (4) The licensee has made fraudulent statements, misrepresentations, or false statements in the application or investigation or in any information required by this chapter; (5) The licensee has been convicted of a background check crime as defined in Minn. Stats. § 299C.67, subd. 2, as may be amended from time to time, or any crime related to the licensed business, and failure to show, by competent evidence, rehabilitation and present fitness to perform the duties of the business; (6) Operating or allowing the rental property to be used in such a manner as to constitute a breach of the peace, a menace to the health, safety, and welfare of residents or the public, or a disturbance of the peace, comfort or safety of the residents or the public, upon recommendation of the chief of police; (7) Actions unauthorized or beyond the scope of the license granted; (8) The licensee's rental license to operate another rental dwelling in the City of Maplewood or in another jurisdiction has been denied, revoked, or suspended within the past year; (9) Failure to schedule or allow inspections of the licensed premises for the purpose of ensuring compliance with rental licensing requirements, City Code requirements, state building codes, or other applicable state or federal law; (10) Failure to continuously comply with all conditions required in the approval of the license; (11) Real estate taxes or city fees for the property are delinquent; (12) Violation of any regulation or provision of the City Code applicable to the activity for which the license has been granted, or any regulation or state or federal law that may be applicable; (13) Excessive calls for service as determined by the chief of police under section 1-15.5, or section 24-148 of the City Code based on the number and nature of the calls compared to the number of dwelling units on the property when the licensee has been notified of the calls by the chief of police and the licensee has failed to supply an appropriate written action plan for reducing the calls for service, or when the calls for service exceed an established threshold a second time within 12 months of completing an action plan for previously exceeding the threshold; (14) Failure to actively pursue the eviction of tenants who have violated the provisions of the crime free lease addendum or who have otherwise created a nuisance in violation of the provisions of the written lease; (15) Failure of the licensee to provide a copy of the lease or otherwise May 23, 2022 City Council Meeting Minutes 30 cooperate with the city manager in identifying individuals with a lawful right to occupy a rental dwelling or to be present on the rental property; or (16) Other good cause as determined by the city council after conducting a public hearing. (b) The city council may revoke a license or suspend a license for a set period of time or until violations of City Code, or state or federal law are corrected and, in addition, impose a civil penalty for each violation or impose a combination of these sanctions. (c) Temporary suspension. The city council may temporarily suspend a license pending a hearing on the suspension or revocation when, in its judgment, the public health, safety, and welfare is endangered by the continuance of the licensed activity. (d) Notice. Before the suspension or revocation of the rental license, the city must provide written notice informing the licensee of the right to a hearing. The notice must provide at least 20 calendar days notice of the time and place of the hearing and must state the grounds for the proposed suspension or revocation of the license. The notice may be served upon the licensee personally, by leaving the notice at the licensed premises with the designated manager, or by certified mail to the address listed on the license application. (e) Hearing. A hearing will be conducted before the city council at a public meeting. The licensee shall have the right to be represented by counsel, the right to respond to the charged violations, and the right to present evidence through witnesses. The rules of evidence do not apply to the hearing and the city council may rely on all evidence it determines to be reasonably credible. The determination to suspend or revoke the license shall be made upon a preponderance of the evidence. It is not necessary that criminal charges be brought in order to support a suspension or revocation of a license violation nor does the dismissal or acquittal of such a criminal charge operate as a bar to suspension or revocation. (f) Final decision. Following the hearing, the council may revoke or suspend the license for all or any part of the licensed premises, may stay the revocation or suspension upon such terms and conditions as it deems reasonable and necessary to accomplish the purposes of this chapter, or grant or continue the license. If the council suspends or revokes the rental license, the council may also order that any rent payable during the suspension or revocation period be paid into an escrow account to be maintained by the city. The city may use the escrowed funds to pay for the cost of abating violations at the property. Funds that remain in the escrow account after paying for abatement items shall be returned to the licensee upon the licensee receiving a valid rental license or upon the sale of the rental to an unrelated purchaser and after the rental dwelling has been brought into full compliance with City Code. The decision by the city council following a hearing is final. Upon a decision to suspend a license, no new application from the current licensee for the same rental dwelling will be accepted for a period of time specified in the council's decision, not exceeding one year. A decision to revoke a license will result in no new application being accepted from the same licensee for a minimum of one year. (g) Appeal of decision to deny or not renew license. If the city manager denies or does not renew a license, the licensee shall be notified in writing, specifying the reasons for denying or not renewing the license. If the licensee corrects the conditions leading to the denial or non-renewal within seven days, the city manager shall issue the license. A licensee whose license has been denied or May 23, 2022 City Council Meeting Minutes 31 not renewed by the city manager may appeal the decision by filing with the city manager a written notice of appeal within seven days of receiving notice of the city manager's decision. The hearing will be conducted pursuant to section 12- 615(e). (h) Notification to tenants. Upon denial, suspension, revocation or other enforcement action of a license, the city will notify all affected tenants of the action against the license. If the license is revoked or suspended the licensee may not let, rent or allow to be occupied any vacant dwelling units, or dwelling units that become vacant during the revocation or suspension period. Section 5. Section 24-147 of the Maplewood City Code is hereby amended as follows: Sec. 24-147. Scope and application. This section applies to the owner of any private property which is the subject or location of repeat nuisance service calls by city officials, including locations in which persons under investigation for criminal activity reside or seek refuge. This section applies to any repeat nuisance service calls made by a city peace officer, part-time peace officer, community service officer, animal control, or other designated city official. Section 6. Effective Date. This Ordinance shall be effective following its adoption and publication. Seconded by Councilmember Knutson Ayes – All The motion passed. Councilmember Juenemann moved to adopt the Resolution Authorizing Publication of the Ordinance by Title and Summary. (Requires 4 votes). Resolution 22-05-2091 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 1030 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Maplewood has adopted Ordinance No.1030, an ordinance amending Chapter 12 and Chapter 24 of the Maplewood city code pertaining to licensing of rental dwellings and repeat nuisance service calls; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is several pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No.1030 to be published in the official newspaper in lieu of the entire ordinance: Public Notice May 23, 2022 City Council Meeting Minutes 32 The Maplewood City Council has adopted Ordinance No. 1030 which amends Chapter 12 and Chapter 24 of the Maplewood City Code pertaining to licensing of rental dwellings and repeat nuisance service calls. The ordinance: (1) expands the purpose statement to explicitly include protecting the safety of residents and the community; (2) requires property owners and managers to cooperate with the city to identify persons that have a lawful right to reside and be present on the rental property; (3) corrects the city code citation for excessive calls for service to reference public safety calls for service; (4) expands the grounds for denial, suspension or revocation of a license to include the failure of the licensee to provide a copy of a tenant’s lease, if requested by the city, or failure to cooperate with the city in identifying individuals with a lawful right to occupy a rental dwelling or be present on the rental property; and (5) expands the scope and application of the excessive calls for service ordinance to locations in which persons under investigation for criminal activity reside or seek refuge. The ordinance is effective upon adoption and publication. Seconded by Councilmember Knutson Ayes – All The motion passed. 2. Public Works Mutual Aid Agreements a. Resolution Authorizing The Public Works Mutual Aid Pact b. Resolution Authorizing The Public Works Equipment Loan Agreement Public Works Director Love gave the staff report. Councilmember Juenemann moved to approve the resolution authorizing the Public Works Mutual Aid Pact and further authorize the Mayor and City Manager to sign the attached Public Works Mutual Aid Pact. Resolution 22-05-2092 RESOLUTION AUTHORIZING THE PUBLIC WORKS MUTUAL AID PACT WHEREAS, this agreement provides a process for units of government to share public works personnel and equipment with other agencies within the State of Minnesota; and WHEREAS, the City of Maplewood desires to enter into said agreement which becomes effective upon the execution of the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA hereby authorizes the public works mutual aid pact and the City Manager and Mayor are authorized to sign said agreement. Seconded by Councilmember Villavicencio Ayes – All The motion passed. Councilmember Juenemann moved to approve the attached resolution authorizing the Public Works Equipment Loan Agreement and further authorize the Mayor and City Manager to sign the attached Public Works Equipment Loan Agreement. Resolution 22-05-2093 May 23, 2022 City Council Meeting Minutes 33 RESOLUTION AUTHORIZING THE PUBLIC WORKS EQUIPMENT LOAN AGREEMENT WHEREAS, this agreement provides a process for units of government to loan public works equipment with other agencies within the State of Minnesota; and WHEREAS, the equipment can be loaned in response to emergencies or normal operational needs; and WHEREAS, the City of Maplewood has a resolution Authorizing The Public Works Joint Powers Mutual Aid Agreement; and WHEREAS, the City of Maplewood desires to enter said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA hereby authorizes the public works equipment loan agreement and the City Manager and Mayor are authorized to sign said agreement. Seconded by Councilmember Knutson Ayes – All The motion passed. 3. Resolution Adopting the Fencing Consortium Joint Powers Agreement Public Safety Director Bierdeman gave the staff report. Councilmember Juenemann moved to approve the resolution adopting the Fencing Consortium Joint Powers Agreement. Resolution 22-05-2094 RESOLUTION ADOPTING THE FENCING CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, the governmental units in the state have experienced an increase in incidences of civil unrest with violent and destructive actors who pose a threat to the public, public personnel, buildings, and critical infrastructure; and WHEREAS, the First Amendment of the United States Constitution protects the freedom of speech, the press, and the right of the people peaceably to assemble, and to petition the government for a redress of grievances; and WHEREAS, recent experience has shown that the use of anti-scale fencing has greatly de-escalated tension between law enforcement and protesters; and WHEREAS, by de-escalating the tension, the anti-scale fencing helps to reduce the trauma on the community, improve the safety for all, minimize the impact on neighboring properties, and reduce the community resources that have to be committed to such events; and WHEREAS, governmental units have recognized the need to have ready access to anti-scalable fencing as a tool for de-escalation and community safety while protecting against violent and destructive actors; and May 23, 2022 City Council Meeting Minutes 34 WHEREAS, the best means for a governmental unit to access such fencing in a timely and cost-effective manner is to work cooperatively with other governmental units; and WHEREAS, the Fencing Consortium Joint Powers Agreement (“Fencing JPA”), which is incorporated herein by reference, establishes a joint board to obtain and make available to members anti-scalable fencing in response to critical incidences, sets out the powers of the joint board, requires members to pay their share of the fencing costs and operational costs of the Fencing Consortium, requires members to provide staffing to assemble and disassemble the fencing as part of the Public Works Mutual Aid Pact, and otherwise provides for the operation of the Fencing Consortium as a joint powers entity; and WHEREAS, the governmental unit is a member of the Public Works Mutual Aid Pact and is otherwise eligible to adopt the Fencing JPA; and WHEREAS, it is in the best interests of the community to become a member and participate in the Fencing Consortium. NOW, THEREFORE, BE IS RESOLVED, by the governing body as follows: 1. The Fencing JPA is hereby approved and adopted. 2. The City Manager is authorized and directed to make nominations and to cast votes on persons to be elected to the Fencing Consortium Board of Directors. 3. Staff are authorized and directed to do each of the following: a. Submit a fully executed copy of this Resolution as directed in the Fencing JPA to indicate membership in the Fencing Consortium; b. Designate a primary and secondary point of contact for the Fencing Consortium for administrative purposes. c. Coordinate with the other Fencing Consortium members and the Board on the selection of staff from the public works department to serve on the fencing deployment team; and d. To take such other actions as may be needed to carry out the intent of this Resolution and as may be required under the terms of the Fencing JPA. Seconded by Councilmember Cave Ayes – All The motion passed. 4. Resolution Approving Plans And Specifications And Advertising For Bids For The Parkway Drive Improvements, City Project 21-09 Public Works Director Love gave the staff report. Councilmember Juenemann moved to approve the resolution approving plans and specifications and advertising bids for Parkway Drive Improvements, City Project 21-09. May 23, 2022 City Council Meeting Minutes 35 Resolution 22-05-2095 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS WHEREAS, the plans and specifications for the Parkway Drive Improvements, City Project 21-09, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specification to the City Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications are hereby approved and ordered placed on file in the office of the City Engineer. 2. The City Clerk or office of the City Engineer 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 received online only at QuestCDN.com until 10:00 A.M. on the 11th day of July 2022, at which time the bids will be opened and publicly read at the Office of the City Engineer, City of Maplewood, 1902 County Road B East, Maplewood, MN 55109. A certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid is required. 3. The City Clerk and City Engineer 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 City Council will consider the bids, and the award th of a contract, at the regular City Council meeting of July 11, 2022. Seconded by Councilmember Knutson Ayes – All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 9:11 p.m. Andrea Sindt, City Clerk May 23, 2022 City Council Meeting Minutes 36