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HomeMy WebLinkAbout2023-07-24 City Council Meeting PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 24, 2023 City Hall, Council Chambers Meeting No. 14-23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. July 10, 2023 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations G. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. OpenGov Cartegraph Software License Renewal 3. Resolution Ordering Preparation of Feasibility Study, 2024 Maplewood Street Improvements, City Project 23-08 4. Minnesota Department of Commerce Auto Theft Prevention Grant Funds 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 UNFINISHED BUSINESS 1. Resolution Awarding the Sale of G.O. Improvement Bonds, Series 2023A J. NEW BUSINESS 1. Repeal of Catalytic Converter Ordinance K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk's Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other's time keeping remarks brief, to the point and non -repetitive. E1 A. 191 C. E MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 10, 2023 City Hall, Council Chambers Meeting No. 13-23 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:01 p.m. by Mayor Abrams. Mayor Abrams thanked Audra Robbins, Neil Breneman, Police, Fire, and all staff that helped coordinate and participate in the Light it Up event on July 4th, and exclaimed Maplewood puts on one of the best events in the area. PLEDGE OF ALLEGIANCE ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Chonburi Lee, Councilmember Present Nikki Villavicencio, Councilmember Present APPROVAL OF AGENDA The following items were added to Council Presentations: Water Restrictions Parks and Recreation Month Councilmember Lee moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes — All The motion passed. APPROVAL OF MINUTES June 26, 2023 City Council Workshop Meeting Minutes Councilmember Lee moved to approve the June 26, 2023 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Cave Ayes — Abstain — Mayor Abrams Councilmember Cave Councilmember Lee Councilmember Villavicencio Councilmember Juenemann July 10, 2023 City Council Meeting Minutes 1 Council Packet Page Number 1 of 87 E1 The motion passed. 2. June 26, 2023 City Council Meeting Minutes Councilmember Lee moved to approve the June 26, 2023 Citv Council Meetina Minutes as submitted. Seconded by Councilmember Cave Ayes — Mayor Abrams Councilmember Cave Councilmember Lee Councilmember Villavicencio Abstain — Councilmember Juenemann 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 Water Restrictions Councilmember Cave mentioned there are currently no water restrictions in Maplewood, but there is a meeting with the St Paul Regional Water Board that will discuss the topic. Residents can get updates on the City's website. Parks and Recreation Month Councilmember Villavicencio acknowledged Maplewood's Parks and Rec Department as July is Parks & Recreation month and also thanked the Fire, Police, Parks Department, and all who attended the Light it Up event. 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. Councilmember Cave moved to approve agenda items G1-G2. Seconded by Councilmember Juenemann Ayes — All The motion passed. Approval of Claims Councilmember Cave moved to approve the approval of claims. July 10, 2023 City Council Meeting Minutes Council Packet Page Number 2 of 87 2 E1 ACCOUNTS PAYABLE: $ 1,170, 069.17 $ 736, 990.27 $ 428,592.33 $ 2,335,651.77 PAYROLL $ 670, 762.48 $ 670, 762.48 Checks # 110919 thru # 111022 dated 6/27/23 Checks # 111023 thru # 111048 dated 7/05/23 Disbursements via debits to checking account dated 06/19/23 thru 07/02/23 Total Accounts Payable Payroll Checks and Direct Deposits dated 6/23/23 Total Payroll $ 3,006,414.25 GRAND TOTAL Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. Support of Affordable Housing Project, Beacon Interfaith Housing Collaborative, 1375 Frost Avenue a. Resolution Supporting Use of Tax Increment Financing b. Letter of Support from Mayor c. Acknowledgment of Receptivity of a Metropolitan Council LCA Funding Award Councilmember Cave moved to approve the Resolution Supporting Use of Tax Increment Financina for the Beacon Interfaith Housina Collaborative proiect at 1375 Frost Avenue. Resolution 23-07-2222 SUPPORTING USE OF FINANCIAL ASSISTANCE FOR A RENTAL HOUSING DEVELOPMENT PROJECT WHEREAS, the Maplewood City Council has received a request to provide financial assistance to Beacon Interfaith (or an affiliated entity, the "Developer") for the construction of a 40-unit multifamily affordable rental housing apartment (the "Project") to be located on approximately 1.03 acres of land at 1375 Frost Avenue East in Maplewood, Minnesota; and WHEREAS, in connection with its application to Minnesota Housing for tax credits, the Developer has requested that the City Council indicate its support of the use of tax increment financing assistance for the project. NOW, THEREFORE, BE IT RESOLVED, by the Maplewood City Council as follows: July 10, 2023 City Council Meeting Minutes 3 Council Packet Page Number 3 of 87 E1 The Maplewood City Council supports the use of tax increment financing assistance in an amount not to exceed $200,000 over an anticipated term of 15-years; provided, however, that authorization and form of financing for the project is solely within the discretion of the City Council after satisfaction of all conditions required pursuant to the Economic Development Authorities Act, Minnesota Statutes, Sections 469.090 to 469.1080 (the "EDA Act"), and is authorized pursuant to Minnesota Statutes §469.174 to §469.1794 (the "TIF Act"), including without limitation, (i) determining that financial assistance is necessary for the project; (ii) verification of development financing need that substantiates that "but for" the use of tax increment financing the project would be unable to proceed; and (iii) a public hearing. Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Cave moved to approve a Letter of Support from the Mayor for the Beacon Interfaith Housing Collaborative project at 1375 Frost Avenue. Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Cave moved to approve an Acknowledgement of Receptivity of the Metropolitan Council LCA Funding Award for the Beacon Interfaith Housing Collaborative project at 1375 Frost Avenue. Seconded by Councilmember Juenemann 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 I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Lot Size and Setback Variance Resolution, 1759 Phalen Place Community Development Director Parr introduced Elizabeth Hammond, Planner who gave the presentation. Applicant Jodi Andrews addressed council and answered questions. Councilmember Villavicencio moved to approve a lot size and setback variance resolution for the property located at 1759 Phalen Place, subject to certain conditions of approval. Resolution 23-07-2223 LOT SIZE AND SETBACK VARIANCE RESOLUTION Council Packet Page Number 4 of 87 July 10, 2023 City Council Meeting Minutes 4 E1 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jodi Andrews (property owner) has requested a variance to the required minimum lot size standards and rear yard setback requirement to construct a residential dwelling on the existing property at 1759 Phalen Place. 1.02 A variance is requested to allow a lot area of 4,783.71 square feet and lot widths of 48.66 feet and 86.78 feet. 1.03 A variance is requested to allow a rear yard setback of 9.2 feet. 1.04 The property located at 1759 Phalen Place is legally described as: PIN:162922430041 Lot 18 and 19, Block 3, Kavanagh & Dawson's Addition to Lakeside Park, Ramsey County, Minnesota, except that part lying Westerly of the following described line: Commencing at a point on the North line of Lot 19, 110 feet East of the Northwest corner of said Lot 19; thence Southerly to a point on Southerly line of Lot 18, 65 feet Northeasterly of Southwesterly corner of said Lot 18. Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to a state statute that states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; (3) the variance if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01 The lot size and rear yard setback variance request meet the required standards for a variance. Staff finds: That the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; 2. That the proposed use is reasonable; and 3. That the variance will not alter the essential character of the locality; and 4. That the need for a variance is in harmony with the general purposes and intent of this ordinance; and July 10, 2023 City Council Meeting Minutes 5 Council Packet Page Number 5 of 87 E1 5. That the variance is consistent with the comprehensive plan. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. On June 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press 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 this resolution. 2. On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval of the application is based on the findings outlined in section 3 of this resolution and is subject to the following conditions of approval: The proposed construction will meet all local, regional, and state requirements. 2. The property owner will submit a tree preservation plan to the environmental planner. 3. The property owner will submit a grading plan to the assistant city engineer and work with the environmental planner, as required, to incorporate stormwater management best practices. 4. The property owner shall submit a building permit for the new home to be reviewed by the city before construction. Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. M-Health Fairview/St. John's Hospital, 1575 Beam Avenue a. Conditional Use Permit Amendment Resolution b. Design Review Resolution Elizabeth Hammond, Planner, gave the presentation. Danielle Gathje, Vice President of Hospital Operations for M-Health Fairview St John's Hospital and Kyle Wiseman, Architect with HGA, addressed council and answered questions. Council Packet Page Number 6 of 87 July 10, 2023 City Council Meeting Minutes 6 E1 Councilmember Cave moved to approve a resolution for a conditional use permit amendment, approving a 7,000-square-foot addition to the existing St. John's Hospital campus at 1575 Beam Avenue, subject to conditions of approval. Resolution 23-07-2224 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 M-Health Fairview has requested approval of a conditional use permit amendment. 1.02 The property is located at 1575 Beam Avenue East and is legally described as: PIN: 032922130014 — The Southwest Quarter of the Northeast Quarter of Section 3, Township 29 North, Range 22 West, Ramsey County, Minnesota, according to the Government Survey thereof except the following parcels: The East 40.00 feet of said Southwest Quarter of the Northeast Quarter lying northerly of the South 660.00 feet thereof. Commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter, being the center of said Section 3, said point being marked by a Ramsey County monument; thence along the west line of said Southwest Quarter of the Northeast Quarter, North 00 degrees 01 minutes 40 seconds East, assumed basis of bearing, a distance of 703.29; thence on a bearing of East 437.93 feet to the point of beginning; thence continuing on a bearing of East 264.24 feet; thence on a bearing of South 124.13 feet; thence on a bearing of West 264.24 feet; thence on a bearing of North 124.13 feet to the point of beginning. Subject to easements of record. Section 2. Standards. 2.01 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 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, July 10, 2023 City Council Meeting Minutes 7 Council Packet Page Number 7 of 87 E1 disturbing, or cause a nuisance to any person or property because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 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. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit amendment request. On June 20, 2023, the planning commission held a public hearing. City staff published a hearing notice in the Pioneer Press 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 this resolution. 2. On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): All construction shall follow the approved plans, date -stamped June 2, 2023. The planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. Council Packet Page Number 8 of 87 July 10, 2023 City Council Meeting Minutes 8 E1 3. The city council shall review this permit in one year. 4. The property owner shall maintain at least 1,252 parking spaces on the hospital campus. Parking spaces shall be at least 9.5 feet wide; employee parking may be 9 feet wide. Seconded by Councilmember Lee Ayes — Mayor Abrams Councilmember Cave Councilmember Lee Councilmember Villavicencio Abstain — Councilmember Juenemann The motion passed. Councilmember Lee moved to approve a design review resolution, approving a 7,000- square-foot addition to the existing St. John's Hospital campus at 1575 Beam Avenue, subject to conditions of approval. Resolution 23-07-2225 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 M-Health Fairview has requested design review approval. 1.02 The property is located at 1575 Beam Avenue East and is legally described as: PIN: 032922130014 — The Southwest Quarter of the Northeast Quarter of Section 3, Township 29 North, Range 22 West, Ramsey County, Minnesota, according to the Government Survey thereof except the following parcels: The East 40.00 feet of said Southwest Quarter of the Northeast Quarter lying northerly of the South 660.00 feet thereof. Commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter, being the center of said Section 3, said point being marked by a Ramsey County monument; thence along the west line of said Southwest Quarter of the Northeast Quarter, North 00 degrees 01 minutes 40 seconds East, assumed basis of bearing, a distance of 703.29; thence on a bearing of East 437.93 feet to the point of beginning; thence continuing on a bearing of East 264.24 feet; thence on a bearing of South 124.13 feet; thence on a bearing of West 264.24 feet; thence on a bearing of North 124.13 feet to the point of beginning. Subject to easements of record. Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: July 10, 2023 City Council Meeting Minutes 9 Council Packet Page Number 9 of 87 E1 That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Review Process and Council Action. 3.01 On June 20, 2023, the community design review board held a public meeting and reviewed this request. Staff sent notice to surrounding property owners. The applicant was provided the opportunity to present information. The board approved the project plans. 3.02 The above -described site and design plans are hereby approved based on the findings outlined in Section 2 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date -stamped June 2, 2023. Approval is subject to the applicant doing the following: Obtain a conditional use permit amendment from the city council for this project. 2. Repeat this review in two years if the city has not issued a building permit for this project. 3. All requirements of the fire marshal, city engineer, and building official must be met. 4. Satisfy the requirements outlined in the engineering review authored by Jon Jarosch, dated June 9, 2023. 5. Satisfy the requirements outlined in the environmental review authored by Shann Finwall, dated June 13, 2023. 6. The applicant shall obtain all required permits from the Ramsey - Washington Metro Watershed District. 7. All work shall follow the approved plans. The director of community development may approve minor changes. Council Packet Page Number 10 of 87 July 10, 2023 City Council Meeting Minutes 10 E1 8. All rooftop vents and site mechanical equipment shall be screened on all sides Seconded by Councilmember Cave Ayes — Mayor Abrams Councilmember Cave Councilmember Lee Councilmember Villavicencio Abstain — Councilmember Juenemann The motion passed. 3. Kline Nissan Additions, 3090 Maplewood Drive North a. Conditional Use Permit Amendment Resolution b. Design Review Resolution Community Development Director Parr gave the presentation. Pam Guilford, General Manager with Kline Nissan, and Jack Grotkin, President of RJ Ryan Construction, answered questions of council. Councilmember Lee moved to approve a resolution for a conditional use permit amendment approving two building additions to be constructed at 3090 Maplewood Drive North. Resolution 23-07-2226 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jack Grotkin, RJ Ryan Construction Inc,. on behalf of Kline Nissan has requested approval of a conditional use permit amendment to construct two building additions associated with the service and parts function of the car dealership. 1.02 The property is located at 3090 Maplewood Drive and is legally described as: PIN: 03-29-22-33-0022 — Tract "A", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. Section 2. Standards. 2.01 City Ordinance Section 44-637 requires a Conditional Use Permit for motor vehicle maintenance garages and car washes. July 10, 2023 City Council Meeting Minutes 11 Council Packet Page Number 11 of 87 E1 2.02 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 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. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. On June 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press 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 this resolution. Council Packet Page Number 12 of 87 July 10, 2023 City Council Meeting Minutes 12 E1 Section 5. 5.01 2. On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. City Council The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city and date - stamped June 1, 2023. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The applicant shall not load or unload vehicles on public right-of-way. 4. Cars can only be parked on designated paved surfaces. 5. The City Council shall review this permit in one year. 6. All repair, assembly, disassembly and maintenance shall occur within an enclosed building, except minor maintenance. Minor maintenance shall include work such as tire replacement or inflation, adding oil or wiper fluid replacement. 7. Water from car wash shall not drain onto a public street or access. A drainage system shall be installed, subject to the approval of the city engineer. 8. All trash, waste materials and obsolete parts shall be stored within an enclosed trash container. 9. As required in an agreement with the city approved in 2005, the applicant shall submit an executed cross -access agreement to city staff to complete the conveyance of the frontage road to the west of its property to a private road. Seconded by Councilmember Villavicencio Ayes — All The motion passed. Councilmember Cave moved to approve a resolution for design review approving two building additions to be constructed at 3090 Maplewood Drive North. Resolution 23-07-2227 DESIGN REVIEW RESOLUTION July 10, 2023 City Council Meeting Minutes 13 Council Packet Page Number 13 of 87 E1 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jack Grotkin, RJ Ryan Construction Inc,. on behalf of Kline Nissan has requested approval of a design review to construct two building additions associated with the service and parts function of the car dealership. 1.02 The property is located at 3090 Maplewood Drive and is legally described as: PIN: 03-29-22-33-0022 — Tract "A", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above -described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date -stamped June 1, 2023. Approval is subject to the applicant doing the following: Obtain a conditional use permit amendment from the city council for this project. Council Packet Page Number 14 of 87 July 10, 2023 City Council Meeting Minutes 14 E1 2. 3. 4. 5. 6. 7. .13 Repeat this review in two years if the city has not issued a building permit for this project. All fire marshal and building official requirements must be met. Satisfy the requirements outlined in the engineering review by Jon Jarosch, dated May 22, 2023. Satisfy the requirements outlined in the environmental review by Shann Finwall, dated June 8, 2023. The applicant shall obtain all required permits from the Ramsey - Washington Metro Watershed District. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b. Elevation drawings of any roof -top or exterior building mechanical equipment for review and approval and, if necessary, the inclusion of required screening. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. d. The applicant shall submit an executed cross -access agreement to foster the conveyance of the frontage road to the west of its property to a private road. 9. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. July 10, 2023 City Council Meeting Minutes 15 Council Packet Page Number 15 of 87 E1 10. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Lee Ayes — All The motion passed. 4. Design Review and Parking Waiver Resolution, Multifamily Residential Apartment Building, 1375 Frost Avenue East Elizabeth Hammond, Planner, gave the presentation. Kevin Walker, Vice President for Housing Development at Beacon Interfaith Housing Collaborative, and Kate Blum -Wise, Project Manager with Pope Design Group, addressed council and answered questions. Councilmember Lee moved to approve a design review and parking waiver resolution, approving a three-story, 40-unit multifamily apartment building to be constructed at 1375 Frost Avenue East, subject to conditions of approval. Resolution 23-07-2228 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Beacon Interfaith Housing Collaborative has requested approval of a design review to construct a three-story, 40-unit multifamily building. 1.02 The property is located at 1375 Frost Avenue East and is legally described as: 1.03 PIN: 152922230023, 152922230087, 152922230024, 152922230094 Lots 13, 14, 15, 16, 17, 18 and 19 except the North 15 feet of Lot 19, Block 11, Gladstone, together with that part of the vacated alley adjacent thereto which accrued thereto by reason of vacation thereof, Ramsey County, Minnesota; AND (Parcel 1, Per Commitment 66965-1) Lot 4, except the North 14.25 feet thereof, also all of Lots 5, 6, 7, 8, and 9, Lunn's Rearrangement of Lots 7 to 12, inclusive, Block 11, Gladstone, together with that portion of vacated alley in Lunn's Rearrangement accruing thereto, and together with that portion of vacated alley in Block 11, Gladstone, accruing thereto, all according to the plat thereof on file and of record in the Office of the County Recorder in and for Ramsey County, Minnesota. (Abstract Property) Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and Council Packet Page Number 16 of 87 July 10, 2023 City Council Meeting Minutes 16 E1 enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above -described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date -stamped May 24, 2023. Approval is subject to the applicant doing the following: Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal, city engineer, and building official must be met. 3. Satisfy the requirements in the engineering review authored by Jon Jarosch, dated June 6, 2023. 4. Satisfy the requirements and update the site plans as outlined in the environmental review authored by Shann Finwall, dated June 12, 2023. 5. The applicant shall obtain all required permits from the Ramsey - Washington Metro Watershed District. 6. Rooftop vents and equipment shall be located out of view from all sides of the property. 7. This resolution approves a parking waiver for (20) parking stalls. 8. This approval does not include signage. Any identification or monument signs for the project must meet the city's mixed -use sign ordinance requirements, and the applicant must apply for a sign permit before installation. The proposed monument sign on the corner of Clarence Street and Frost Avenue must achieve the sight visibility requirements for street intersections. Identification or monument signs shall be designed to be consistent with the project's building materials and colors. 9. Before the issuance of a building permit, the applicant shall submit for staff approval the following items: July 10, 2023 City Council Meeting Minutes 17 Council Packet Page Number 17 of 87 E1 a. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b. A revised landscape plan. c. A revised tree survey plan and tree protection plan. d. A detailed community garden plan. e. A revised existing site and removal plan. A revised photometric plan that meets city code requirements. g. Additional bicycle parking must be incorporated near the building entrance, patio, and playground spaces. This should be added to the site plan for staff review. h. The applicant shall install a stop sign at the exit from the site. This shall be added to the site plan and reviewed by the city engineer before installation. The applicant shall submit updated elevations and perspective renderings: the updated plans must identify the percentages of each proposed building material for all sides of the building. The renderings must illustrate the segment lengths of the building facade. On the east side of the building, the facade segments that exceed 40 feet in length must be shortened and articulated. Each segment should be between 20-40 feet in length. However, staff can review and approve lengths between 45-54 feet in length. The applicant must provide additional screening and landscaping along the west and north property line within the setback areas — specifically along the property line directly west of the playground and along the property line directly east of the community garden space. The updated landscape plan should be submitted to staff for approval before issuing a building permit. k. The applicant shall submit to city staff a copy of an executed shared parking agreement for 21 parking spaces with the Philippine Center of Minnesota, located at 1380 Frost Avenue. 10. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. July 10, 2023 City Council Meeting Minutes Council Packet Page Number 18 of 87 18 E1 c. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Install all required sidewalks and trails. 11. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 12. All work shall follow the approved plans. The director of community development may approve minor changes Seconded by Councilmember Juenemann Ayes — All The motion passed. 5. Nuway Alliance, 2000 White Bear Avenue North a. Comprehensive Plan Amendment Resolution (Requires 4 Council Votes) b. Zoning Map Amendment Ordinance c. Conditional Use Permit Resolution Community Development Director Parr gave the presentation. John Miller, Chief Strategy Officer, and Ken Roberts, Chief Clinical Officer, with Nuway Alliance, addressed council and answered questions. Councilmember Cave moved to approve an amendment to the 2040 Comprehensive Plan's Future Lane Use Map to re -guide the project parcel located at 2000 White Bear Avenue from Institutional to Commercial. Resolution 23-07-2229 COMPREHENSIVE PLAN AMENDMENT RESOLUTION Resolution approving the comprehensive plan amendment re -guiding the property 2000 White Bear Avenue North from Institutional to Commercial. Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. July 10, 2023 City Council Meeting Minutes 19 Council Packet Page Number 19 of 87 E1 1.01 John Miller, of Nuway Alliance, has requested approval of a comprehensive plan amendment. 1.02 The property is located at 2000 White Bear Avenue North and is legally described as: That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of intersection with the south line of the North 438 feet of said North half of the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds West, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. Criteria. Council Packet Page Number 20 of 87 July 10, 2023 City Council Meeting Minutes 20 E1 2.01 The 2040 Comprehensive Plan states the document may require amending due to a property owner request to change land use designation to allow a proposed development or redevelopment. 2.02 The 2040 Comprehensive Plan amendment process follows the same City identified the public hearing process as the major update process used to develop the 2040 Comprehensive Plan. Amendments are required to submit and gain approval from the Metropolitan Council. Section 3. Findings 3.01 The requested amendment would meet various amendment criteria outlined in the 2040 Comprehensive Guide Plan. Section 4. City Review Process 4.01 The City conducted the following review when considering this amendment request. On June 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press 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 this resolution. 2. On July 10, 2023, the city council discussed the comprehensive plan amendment. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The above -described comprehensive plan amendment is approved based on the findings outlined in section 3 of this resolution. Approval is subject to, and only effective upon, the following conditions: Review and approval of the Metropolitan Council as provided by state statute. 2. The development must further comply with all conditions outlined in City Council Resolution No. 23-07-2230 for a conditional use permit approved by the Maplewood City Council on July 10, 2023. Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Lee moved to approve an ordinance amending the City's zoning map to rezone the property from F, farm residence, to CO, commercial office. Ordinance 1038 July 10, 2023 City Council Meeting Minutes 21 Council Packet Page Number 21 of 87 E1 A ZONING MAP AMENDMENT ORDINANCE REZONING THE PROPERTY AT 2000 WHITE BEAR AVENUE FROM F, FARM RESIDENCE DISTRICT, TO CO, COMMERCIAL OFFICE DISTRICT The City Of Maplewood, Minnesota, Ordains: Section 1. 1.01 The 2000 White Bear Avenue property is hereby rezoned from F, farm residence district, to CO, commercial office district. 1.02 The property is legally described as: That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of intersection with the south line of the North 438 feet of said North half of the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds West, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 Council Packet Page Number 22 of 87 July 10, 2023 City Council Meeting Minutes 22 E1 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. 2.01 This ordinance is based on the following findings: The rezoning to CO, commercial office district would result in a development compatible with the surrounding development type and intensity. 2. The rezoning would be consistent with the intent of the zoning ordinance and the comprehensive guide plan. 3. The rezoning would be consistent with public health, safety, and welfare. 2.02 This ordinance is subject to the following conditions: Metropolitan Council approval of Resolution No.23-07-2229 for a comprehensive plan amendment approved by the Maplewood City Council on July 10, 2023. 2. The project must further comply with all conditions outlined in City Council Resolution No.23-07-2230 for a conditional use permit approved by the Maplewood City Council on July 10, 2023. Section 3. This ordinance is effective upon publication in the city's official newspaper. Seconded by Councilmember Cave Ayes — All The motion passed. Mayor Abrams moved to approve a resolution for a conditional use permit for Nuway Alliance at 2000 White Bear Avenue for an adult residential treatment center, conditional on the applicant not pursuing real estate tax exemption. Resolution 23-07-2230 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 John Miller, of Nuway Alliance, has requested a conditional use permit to operate an adult residential treatment center. 1.02 The property is located at 2000 White Bear Avenue North and is legally described as: July 10, 2023 City Council Meeting Minutes 23 Council Packet Page Number 23 of 87 E1 That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of intersection with the south line of the North 438 feet of said North half of the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds West, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. Standards. 2.01 City ordinance section 44-473 requires a conditional use permit for convalescent hospitals. 2.02 City ordinance section 44-1092 requires a conditional use permit for state - licensed residential programs. Council Packet Page Number 24 of 87 July 10, 2023 City Council Meeting Minutes 24 E1 2.03 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. The use would be located, designed, maintained, constructed, and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment, or methods of operation that would be dangerous, hazardous, detrimental, disturbing, or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 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. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. On June 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press 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 this resolution. July 10, 2023 City Council Meeting Minutes 25 Council Packet Page Number 25 of 87 E1 2. On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. Any exterior improvements to the building or site require approval via the city's design review process and requirements. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. Provide the city with a copy of its state license to operate an adult residential treatment program. 5. Any increase in residents above 120 will require an amendment of this permit. 6. The applicant shall provide on -site staffing 24 hours a day and 365 days a year. 7. Metropolitan Council approval of Resolution No. 23-07-2229 for a comprehensive plan amendment approved by the Maplewood City Council on July 10, 2023. 8. The applicant shall not pursue a real estate tax exemption for its use of this property. Seconded by Councilmember Cave Ayes — All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 8:37 p.m. Council Packet Page Number 26 of 87 July 10, 2023 City Council Meeting Minutes 26 Fla CITY COUNCIL STAFF REPORT Meeting Date July 24, 2023 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item UDcomina Aaenda Items and Work Sessions Schedule: August 14: Workshop: Preliminary 2024 Budget Review; Met Council Purple Line Discussion on Transit Stations August 28: Workshop: 2024 Budget Review Community Listening Session: 6:30 pm September 11: Workshop: Ramsey County Emergency Operations Plan Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1. Public Comment (6/12/23) - Public comment phone line is up and operational. 2. EAB (7/10/23) — Look into grant funding and other options to address EAB issues. Council Schedule for Maplewood Living through March 2024: Issue Contributor Due Date September 2023 Villavicencio August 17, 2023 November 2023 Lee September 15, 2023 December 2023 Melinda November 13, 2023 January 2024 Abrams December 15, 2023 February 2024 Juenemann January 17, 2024 March 2024 Cave February 16, 2024 Council Packet Page Number 27 of 87 Fla Maplewood 2023 Major Community Outreach Events Fishing with Friends Monday, July 17, 2023 (4 — 7 pm) Spoon Lake July Celebrate Summer Wednesday, July 26, 2023 (6-7:30 pm) Afton Heights Park National Night Out Tuesday August 1, 2023 (5 — 9 pm) City Wide Event August Celebrate Summer Wednesday, August 23, 2023 (6-7:30 pm) Upper Afton Park Touch a Truck Wednesday, September 13, 2023 (5:30 -7 pm) Maplewood YMCA Parking Lot Fire Department Open House Saturday October 7, 2023 (early afternoon hours) North Fire Station Trunk or Treat Saturday October 28, 2023 (early afternoon hours) City Hall Parking Lot Council Packet Page Number 28 of 87 G1 CITY COUNCIL STAFF REPORT Meeting Date July 24, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Joe Rueb, Finance Director PRESENTER: Joe Rueb, Finance Director AGENDA ITEM: Approval of Claims Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The City Manager has reviewed the bills and authorized payment in accordance with City Council policies. Recommended Action: Motion to approve the approval of claims. ACCOUNTS PAYABLE: $ 402,323.84 Checks # 111049 thru # 111071 dated 7/11/23 $ 934,802.58 Checks # 111072 thru # 111100 dated 7/18/23 $ 397,218.00 Disbursements via debits to checking account dated 07/03/23 thru 07/16/23 $ 1,734,344.42 Total Accounts Payable PAYROLL $ 684,591.23 Payroll Checks and Direct Deposits dated 7/07/23 $ 684,591.23 Total Payroll $ 2,418,935.65 GRAND TOTAL Background A detailed listing of these claim has been provided. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. Attachments 1. Listing of Paid Bills Council Packet Page Number 29 of 87 G1. Attachments Check Register City of Maplewood Check Date Vendor Description Amount 111049 07/11/2023 05114 BOLTON & MENK, INC. GENERAL GIS ASSISTANCE $ 3,758.50 111050 07/11/2023 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - MAY 1,058.40 111051 07/11/2023 06084 LINCOLN FINANCIAL GROUP MONTHLY PREMIUM - JUNE 8,852.94 111052 07/11/2023 05353 MANSFIELD OIL CO ADDITIONAL GASOLINE - JUNE 6,033.89 111053 07/11/2023 01190 XCEL ENERGY ELECTRIC UTILITY 15,190.31 07/11/2023 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 1,509.74 07/11/2023 01190 XCEL ENERGY ELECTRIC UTILITY 512.39 07/11/2023 01190 XCEL ENERGY GAS UTILITY 173.21 07/11/2023 01190 XCEL ENERGY ELECTRIC UTILITY 83.79 07/11/2023 01190 XCEL ENERGY GAS UTILITY 43.48 111054 07/07/2023 06421 KHALID ELMASRY PAYMENT OF ALL CLAIMS AT 2693 RED 8,400.00 111055 07/07/2023 03818 MEDICA MONTHLY PREMIUM - JULY 216,739.14 111056 07/11/2023 00043 ADAM'S PEST CONTROL INC PEST CONTROL - S FIRE STATION 80.00 07/11/2023 00043 ADAM'S PEST CONTROL INC PEST CONTROL - EMTF 80.00 111057 07/11/2023 06471 BISON BUILDERS INC. REFUND - CANCELED PERMIT 117.00 111058 07/11/2023 06322 CAROUSEL DIGITAL SIGNAGE CAROUSEL CLOUD PRO PLAN - ANNUAL 2,950.00 111059 07/11/2023 03874 COMMERCIAL FURNITURE SERVICES 2 ADJ. HEIGHT WORK STATIONS - 2,629.64 111060 07/11/2023 06320 COMPANION ANIMAL CONTROL ANIMAL CONTROL SERVICES - JUNE 275.00 111061 07/11/2023 03645 CUMMINS SALES AND SERVICE CH/PD PLAN MAINT EMERGENCY GENERATOR 997.06 111062 07/11/2023 04067 ESCAPE FIRE PROTECTION INC ANNUAL FIRE SPRINKLER INSPECTION - S FS 280.00 07/11/2023 04067 ESCAPE FIRE PROTECTION INC ANNUAL FIRE SPRINKLER INSPECTION - MNC 260.00 111063 07/11/2023 05014 ICABOD PRODUCTIONS LLC STAGING/LIGHTING/SOUND FOR 7/4 EVENT 2,500.00 111064 07/11/2023 06033 NORTHWEST LASERS & INSTRUMENTS SURVEY EQUIPMENT CLEANING/REPAIR 519.75 111065 07/11/2023 00001 ONE TIME VENDOR PROJ 21-02 REIMBURSEMENT FOR SPRINKLER 700.00 111066 07/11/2023 06472 PRESIDENTIAL CONSTRUCTION REFUND - CANCELED PERMIT 117.00 111067 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 2,779.55 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 1,264.35 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 1,077.92 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 1,052.46 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 743.96 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 737.67 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 248.87 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 133.62 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 97.71 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 82.57 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 74.66 07/11/2023 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 61.30 111068 07/11/2023 01552 SUNRAM CONSTRUCTION, INC. GOODRICH PARK IMPROVEMENT PROJ 113,698.44 111069 07/11/2023 06107 TOKLE INSPECTIONS, INC. ELECTRICAL INSPECTIONS - MAY 5,742.52 111070 07/11/2023 02464 US BANK PAYING AGENT & ACCEPTANCE FEES 550.00 111071 07/11/2023 06473 YOUNGER EXTERIORS INC. REFUND - CANCELED PERMIT 117.00 $ 402,323.84 23 Checks in this report. Council Packet Page Number 30 of 87 G1. Attachments Check Register City of Maplewood Check Date Vendor Description Amount 111072 07/18/2023 06072 ALTEC INDUSTRIES ANNUAL INSPECTION BUCKET TRUCK- UNIT $ 1,453.53 111073 07/18/2023 05114 BOLTON & MENK, INC. PROJ 21-02 PROF DESIGN SERVICES 37,002.26 07/18/2023 05114 BOLTON & MENK, INC. BRIDGE 62559 SITE VISIT/RECOMMENDATIONS 1,980.00 111074 07/18/2023 00348 CRYSTEEL TRUCK EQUIP INC PARTS FOR STOCK 350.00 07/18/2023 00348 CRYSTEEL TRUCK EQUIP INC REPLACEMENT PARTS - PLOW PUMP 15.40 111075 07/18/2023 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - JUNE 822.15 111076 07/18/2023 05598 KELLY & LEMMONS, P.A. PROSECUTION SERVICES - JUNE 16,575.00 111077 07/18/2023 00393 MN DEPT OF LABOR & INDUSTRY ELEVATOR INSPECTION PW 1902 100.00 07/18/2023 00393 MN DEPT OF LABOR & INDUSTRY ELEVATOR INSPECTION N. FIRE STATION 100.00 07/18/2023 00393 MN DEPT OF LABOR & INDUSTRY PRESSURE VESSEL PARKS 1810 20.00 111078 07/18/2023 01160 NEWMAN SIGNS, INC. BRACKETS & SITCKER DECALS 1,134.42 111079 07/18/2023 01202 NYSTROM PUBLISHING CO INC MAPLEWOOD LIVING - JULY 2023 9,128.62 111080 07/18/2023 01337 RAMSEY COUNTY -PROP REC & REV 911 DISPATCH SERVICES - JUNE 38,268.89 07/18/2023 01337 RAMSEY COUNTY -PROP REC & REV CAD SERVICES - JUNE 6,219.97 07/18/2023 01337 RAMSEY COUNTY -PROP REC & REV FLEET SUPPORT FEE - JUNE 574.08 111081 07/18/2023 01574 T A SCHIFSKY & SONS, INC PROJ 21-02 MCMENEMY ST IMPROVEMENTS 509,341.61 07/18/2023 01574 T A SCHIFSKY & SONS, INC PROJ 22-17 WOOD LYN N-SOUTH LAWN 158,169.26 07/18/2023 01574 T A SCHIFSKY & SONS, INC WOOD LYN N-SOUTH LAWN AREA ST IMPROVEMENTS 101,725.04 07/18/2023 01574 T A SCHIFSKY & SONS, INC BITUMINOUS MATERIALS 14,345.76 07/18/2023 01574 T A SCHIFSKY & SONS, INC PO 101213 - BITUMINOUS MATERIALS 2,334.68 07/18/2023 01574 T A SCHIFSKY & SONS, INC BITUMINOUS MATIERIALS - PO 101213 1,522.29 07/18/2023 01574 T A SCHIFSKY & SONS, INC BITUMINOUS MATERIALS - SEWER 647.60 07/18/2023 01574 T A SCHIFSKY & SONS, INC ASPHALT FOR SEWER REPAIRS 150.00 111082 07/18/2023 04252 TOWMASTER, INC. PARTS FOR STOCK 2,012.81 111083 07/18/2023 05013 YALE MECHANICAL LLC SPRING HVAC MAINT - CITY HALL 1,767.00 07/18/2023 05013 YALE MECHANICAL LLC SPRING HVAC MAINT - PUBLIC WORKS 1,473.00 07/18/2023 05013 YALE MECHANICAL LLC SPRING HVAC MAINT - S. FIRE STATION 462.00 07/18/2023 05013 YALE MECHANICAL LLC SPRING HVAC MAINT - PARKS GARAGE 317.00 111084 07/18/2023 03486 BUBERL BLACK DIRT INC SCREENED SWEEPING DISPOSAL 144.00 111085 07/18/2023 00477 ESS BROTHERS & SONS INC MANHOLE ADJUSTING RINGS 891.48 111086 07/18/2023 06315 FINEPOINT TECHNOLOGY, LLC REPAIR BROADCAST BOOTH 660.00 111087 07/18/2023 05736 FOREST LAKE SPORTSMEN'S CLUB RANGE RENTAL FEES 1,800.00 111088 07/18/2023 05313 GRAPHIC DESIGN, INC. BUSINESS CARDS - CSA/CD/PW 174.30 111089 07/18/2023 00827 L M C I T CLAIM DEDUCTIBLE LMC CA280516 5,864.95 111090 07/18/2023 05425 LHB INC. GOODRICH PARK IMPROVEMENTS 3,780.68 111091 07/18/2023 04783 MHSRC/RANGE EMERGENCY VEHICLE OP TRAINING 2,940.00 07/18/2023 04783 MHSRC/RANGE EMERGENCY VEHICLE OP TRAINING 1,960.00 111092 07/18/2023 06318 MN UNEMPLOYMENT INSURANCE UNEMPLOYMENT INS. - Q2 2023 3,479.00 111093 07/18/2023 06257 NINE NORTH VIDEO PROD SERVICES - JUNE 2023 876.00 111094 07/18/2023 00001 ONE TIME VENDOR REFUND - SPECIAL EVENT PERMIT FEE 103.00 111095 07/18/2023 01363 RETROFIT COMPANIES, INC. FLORESCENT LIGHT DISPOSAL 419.35 111096 07/18/2023 05879 ROADKILL ANIMAL CONTROL ROADKILL REMOVAL - JUNE 2023 258.00 111097 07/18/2023 00198 ST PAUL REGIONAL WATER SRVS METER/USE CHARGE FOR CLEANING 196.11 111098 07/18/2023 01836 ST PAUL, CITY OF 11 TON A/C ASPALT 957.67 111099 07/18/2023 04207 STRYKER SALES, LLC PREV. MAINT. FOR AMBULANCE 2,220.67 111100 07/18/2023 05663 TRANS UNION LLC JUNE CR. REPORTING SERVICE 65.00 $ 934,802.58 29 Checks in this report. Council Packet Page Number 31 of 87 G1. Attachments Purchasing Card Items Transaction Posting Transaction Date Date Merchant Name Amount Name 6/23/2023 6/26/2023 BUILDASIGN.COM $ 214.21 CHAD BERGO 6/20/2023 6/22/2023 SAFE-FAST(MW) 63.00 TROY BRINK 6/20/2023 6/21/2023 SQ *HOTSY MINNESOTA 344.59 DANIEL BUSACK 6/22/2023 6/26/2023 THE HOME DEPOT #2801 128.81 DANIEL BUSACK 6/23/2023 6/26/2023 DRI*GALLUP 53.68 DANIEL BUSACK 6/20/2023 6/21/2023 FERGUSON ENT, INC 1650 130.15 SCOTT CHRISTENSON 6/21/2023 6/23/2023 THE HOME DEPOT #2801 17.87 SCOTT CHRISTENSON 6/21/2023 6/23/2023 THE HOME DEPOT #2801 35.74 SCOTT CHRISTENSON 6/22/2023 6/23/2023 STATE SUPPLY COMPANY IN 88.84 SCOTT CHRISTENSON 6/22/2023 6/26/2023 THE HOME DEPOT #2801 (35.74) SCOTT CHRISTENSON 6/22/2023 6/26/2023 JOHNSTONE SUPPLY WABASH 81.28 SCOTT CHRISTENSON 6/22/2023 6/26/2023 THE HOME DEPOT #2801 64.97 SCOTT CHRISTENSON 6/27/2023 6/28/2023 IN *G&B ENVIRONMENTAL, IN 366.25 SCOTT CHRISTENSON 6/19/2023 6/20/2023 NEW YORK MAGAZINE 8.00 MELINDA COLEMAN 6/22/2023 6/23/2023 DR ALAN ZIMMERMAN 57.00 MELINDA COLEMAN 6/15/2023 6/19/2023 MIRAGE - HERITAGE STKHSE 53.08 MIKE DARROW 6/15/2023 6/19/2023 MIRAGE - THE STILL 35.35 MIKE DARROW 6/15/2023 6/19/2023 MIRAGE -PARADISE CAFE 35.35 MIKE DARROW 6/12/2023 6/23/2023 DIVE RESCUE INTERNATIONAL 349.66 BRAD DAVISON 6/23/2023 6/26/2023 PETSMART # 0461 22.99 JOSEPH DEMULLING 6/25/2023 6/27/2023 NINO S PIZZERIA 95.77 JOSEPH DEMULLING 6/28/2023 6/29/2023 ELITE K9 INC 2 83.11 JOSEPH DEMULLING 6/23/2023 6/26/2023 FBI LEEDA INC 795.00 MICHAEL DUGAS 6/21/2023 6/21/2023 MCFOA 50.00 CHRISTINE EVANS 6/17/2023 6/19/2023 ZOOM.US 888-799-9666 449.82 MYCHAL FOWLDS 6/17/2023 6/19/2023 COMCAST CABLE COMM 4.58 MYCHAL FOWLDS 6/21/2023 6/22/2023 WEB'NETWORKSOLUTIONS 14.99 MYCHAL FOWLDS 6/28/2023 6/29/2023 QUADIENT LEASING USA P 1,089.27 MYCHAL FOWLDS 6/28/2023 6/29/2023 QUADIENT LEASING USA P 1,089.27 MYCHAL FOWLDS 6/28/2023 6/29/2023 CENTURYLINK LUMEN 62.43 MYCHAL FOWLDS 6/29/2023 6/29/2023 COMCAST CABLE COMM 16.03 MYCHAL FOWLDS 6/16/2023 6/19/2023 AMAZON.COM*PE8J89AZ3 AMZN 43.98 NICK FRANZEN 6/19/2023 6/20/2023 AMZN MKTP US*ZL5OZ4XN3 94.99 NICK FRANZEN 6/22/2023 6/22/2023 AMAZON.COM*N77V42GU3 28.99 NICK FRANZEN 6/23/2023 6/26/2023 CUB FOODS #1599 8.98 TONY GABRIEL 6/25/2023 6/26/2023 AMZN MKTP US*YB5710VQ3 31.46 CAROLE GERNES 6/26/2023 6/27/2023 AMZN MKTP US*HV5KI5BR3 363.84 CAROLE GERNES 6/26/2023 6/28/2023 MENARDS 3385 151.25 CAROLE GERNES 6/27/2023 6/28/2023 IN *PLANTRA INC. 288.48 CAROLE GERNES 6/15/2023 6/19/2023 SAFE-FAST(MW) 90.42 TAMARA HAYS 6/15/2023 6/19/2023 THE HOME DEPOT #2801 129.87 TAMARA HAYS 6/19/2023 6/20/2023 AMZN MKTP US*P56FF2713 113.80 TAMARA HAYS 6/20/2023 6/21/2023 SITEONE LANDSCAPE SUPPLY, 459.95 TAMARA HAYS 6/20/2023 6/21/2023 AMAZON.COM*5D1K78H53 22.78 TAMARA HAYS 6/20/2023 6/22/2023 THE HOME DEPOT #2801 25.97 TAMARA HAYS 6/23/2023 6/26/2023 AMZN MKTP US*369OV8863 25.67 TAMARA HAYS 6/23/2023 6/26/2023 CVS/PHARMACY #01751 2.57 LINDSAY HERZOG 6/20/2023 6/22/2023 DIAMOND VOGEL PAINT #807 1,170.00 GARY HINNENKAMP 6/27/2023 6/28/2023 MIDWEST FENCE MANUFACTUR 79.75 GARY HINNENKAMP 6/27/2023 6/29/2023 MENARDS 3385 75.98 GARY HINNENKAMP 6/28/2023 6/29/2023 GRUBERS POWER EQUIPMEN 74.99 GARY HINNENKAMP 6/28/2023 6/29/2023 AMZN MKTP US"YHOVY9DS3 AM 29.50 DAVID JAHN Council Packet Page Number 32 of 87 G1. Attachments Purchasing Card Items Transaction Posting Transaction Date Date Merchant Name Amount Name 6/16/2023 6/19/2023 AMZN MKTP US*KZ3000MJ3 69.28 MEGHAN JANASZAK 6/16/2023 6/19/2023 AMZN MKTP US*7D7BL6KK3 66.50 MEGHAN JANASZAK 6/20/2023 6/21/2023 ESCH CONSTRUCTION SU 698.00 DON JONES 6/22/2023 6/23/2023 DR ALAN ZIMMERMAN 57.00 LOIS KNUTSON 6/22/2023 6/26/2023 PIER B RESORT 420.61 LOIS KNUTSON 6/22/2023 6/26/2023 CATERING BY KOWALSKIS MOT 300.65 LOIS KNUTSON 6/26/2023 6/27/2023 HY-VEE MAPLEWOOD 1402 61.22 LOIS KNUTSON 6/26/2023 6/28/2023 FAMILY THAI KITCHEN 124.06 LOIS KNUTSON 6/20/2023 6/21/2023 AMAZON.COM*FJOHG7MW3 AMZN 65.98 JASON KUCHENMEISTER 6/20/2023 6/21/2023 DETECTACHEM, INC. 57.71 JASON KUCHENMEISTER 6/27/2023 6/28/2023 IN *ARROWHEAD SCIENTIFIC 470.79 JASON KUCHENMEISTER 6/28/2023 6/28/2023 ULINE *SHIP SUPPLIES 167.85 JASON KUCHENMEISTER 6/20/2023 6/21/2023 AMERICAN FLAGPOLE & FLAG 108.70 MICHAEL MALESKI 6/23/2023 6/26/2023 AMERICAN FLAGPOLE & FLAG 217.40 MICHAEL MALESKI 6/26/2023 6/27/2023 SP CF' FIREHOUSE ID 35.79 MICHAEL MALESKI 6/26/2023 6/27/2023 PIONEER PRESS CIRC 14.00 MIKE MARTIN 6/29/2023 6/30/2023 AMERICAN PLANNING A 308.00 MIKE MARTIN 6/22/2023 6/23/2023 SQ *REZURRECTION DETAIL S 289.87 MICHAEL MONDOR 6/22/2023 6/23/2023 IN *SUN CONTROL OF MINNES 320.00 MICHAEL MONDOR 6/26/2023 6/26/2023 GUEST SERVICES -UNIT 3750 338.74 MICHAEL MONDOR 6/20/2023 6/21/2023 BCA TRAINING EDUCATION 250.00 RACHEL MURRAY 6/20/2023 6/22/2023 CALIBRE PRESS 199.00 RACHEL MURRAY 6/21/2023 6/22/2023 CINTAS CORP 79.73 BRYAN NAGEL 6/21/2023 6/22/2023 CINTAS CORP 39.98 BRYAN NAGEL 6/21/2023 6/22/2023 CINTAS CORP 9.30 BRYAN NAGEL 6/21/2023 6/22/2023 CINTAS CORP 14.85 BRYAN NAGEL 6/23/2023 6/26/2023 CINTAS CORP 102.96 BRYAN NAGEL 6/23/2023 6/26/2023 CINTAS CORP 222.34 BRYAN NAGEL 6/28/2023 6/29/2023 CINTAS CORP 79.73 BRYAN NAGEL 6/28/2023 6/29/2023 CINTAS CORP 14.85 BRYAN NAGEL 6/28/2023 6/29/2023 CINTAS CORP 9.30 BRYAN NAGEL 6/28/2023 6/29/2023 CINTAS CORP 59.18 BRYAN NAGEL 6/29/2023 6/30/2023 CINTAS CORP 63.43 BRYAN NAGEL 6/19/2023 6/20/2023 SP US-KEENFOOTWEAR 141.74 JOHN NAUGHTON 6/16/2023 6/19/2023 BCA TRAINING EDUCATION 75.00 MICHAEL NYE 6/20/2023 6/21/2023 GDIT FAA 34934R3 5.00 MICHAEL NYE 6/21/2023 6/22/2023 AMZN MKTP US*S14WI5VI3 51.99 MICHAEL NYE 6/21/2023 6/23/2023 PEPPERBALL 549.00 MICHAEL NYE 6/21/2023 6/23/2023 MENARDS 3385 30.32 JORDAN ORE 6/15/2023 6/19/2023 BOUND TREE MEDICAL LLC 133.99 KENNETH POWERS 6/28/2023 6/30/2023 BOUND TREE MEDICAL LLC 513.98 KENNETH POWERS 6/20/2023 6/21/2023 FACTORY MOTOR PARTS (19) 7.04 STEVEN PRIEM 6/21/2023 6/22/2023 AN FORD WHITE BEAR LAK 167.48 STEVEN PRIEM 6/21/2023 6/22/2023 FACTORY MOTOR PARTS (19) 19.64 STEVEN PRIEM 6/21/2023 6/22/2023 FACTORY MOTOR PARTS (206 239.95 STEVEN PRIEM 6/21/2023 6/22/2023 FACTORY MOTOR PARTS (19) 105.08 STEVEN PRIEM 6/22/2023 6/23/2023 FACTORY MOTOR PARTS (19) 49.86 STEVEN PRIEM 6/22/2023 6/23/2023 CUMMINS INC - E4 122.48 STEVEN PRIEM 6/23/2023 6/26/2023 AN FORD WHITE BEAR LAK 783.76 STEVEN PRIEM 6/23/2023 6/26/2023 AN FORD WHITE BEAR LAK 286.01 STEVEN PRIEM 6/26/2023 6/27/2023 FACTORY MOTOR PARTS (19) (20.08) STEVEN PRIEM 6/26/2023 6/27/2023 POMPS TIRE 021 562.00 STEVEN PRIEM Council Packet Page Number 33 of 87 G1. Attachments Purchasing Card Items Transaction Posting Transaction Date Date Merchant Name Amount Name 6/26/2023 6/27/2023 POMPS TIRE 021 790.00 STEVEN PRIEM 6/26/2023 6/27/2023 COMOLUBE AND SUPPLIES INC 76.03 STEVEN PRIEM 6/26/2023 6/27/2023 FACTORY MOTOR PARTS (19) 12.30 STEVEN PRIEM 6/26/2023 6/27/2023 FACTORY MOTOR PARTS (19) 7.78 STEVEN PRIEM 6/26/2023 6/28/2023 NUSS TRUCK & EQUIPMENT 221.30 STEVEN PRIEM 6/28/2023 6/29/2023 FACTORY MOTOR PARTS (19) 11.64 STEVEN PRIEM 6/29/2023 6/30/2023 FACTORY MOTOR PARTS (19) 46.65 STEVEN PRIEM 6/23/2023 6/23/2023 AMZN MKTP US"TK8A65JP3 45.54 MICHAEL RENNER 6/27/2023 6/28/2023 AMAZON.COM*YR5FK8SH3 AMZN 114.28 MICHAEL RENNER 6/29/2023 6/29/2023 AMZN MKTP US"BL9K558M3 66.98 MICHAEL RENNER 6/15/2023 6/19/2023 ON SITE SANITATION INC 215.00 AUDRA ROBBINS 6/16/2023 6/19/2023 ON SITE SANITATION INC 50.00 AUDRA ROBBINS 6/20/2023 6/22/2023 ON SITE SANITATION INC 25.00 AUDRA ROBBINS 6/21/2023 6/23/2023 ON SITE SANITATION INC 188.00 AUDRA ROBBINS 6/23/2023 6/26/2023 ON SITE SANITATION INC 25.00 AUDRA ROBBINS 6/23/2023 6/26/2023 ON SITE SANITATION INC 750.00 AUDRA ROBBINS 6/23/2023 6/26/2023 ON SITE SANITATION INC 1,396.00 AUDRA ROBBINS 6/27/2023 6/28/2023 AMZN MKTP US*FF5C17U43 33.95 AUDRA ROBBINS 6/27/2023 6/28/2023 AMZN MKTP US*227V25253 62.95 AUDRA ROBBINS 6/29/2023 6/30/2023 GOVERNMENT FINANCE OFFICE 610.00 JOSEPH RUEB 6/27/2023 6/29/2023 THE HOME DEPOT #2801 20.54 ROBERT RUNNING 6/20/2023 6/22/2023 DPS FIREFIGHTER LICENSING 300.00 RYAN SCHROEDER 6/20/2023 6/22/2023 DPS FIREFIGHTER LICENSING 1,500.00 RYAN SCHROEDER 6/20/2023 6/22/2023 DPS FIREFIGHTER LICENSING 150.00 RYAN SCHROEDER 6/23/2023 6/26/2023 KWIK TRIP 11600011692 12.00 RYAN SCHROEDER 6/23/2023 6/26/2023 DPS FIREFIGHTER LICENSING 525.00 RYAN SCHROEDER 6/16/2023 6/19/2023 STATE OF MN POST BOARD 90.00 STEPHANIE SHEA 6/16/2023 6/19/2023 POST BOARD SERVICE FEE 1.94 STEPHANIE SHEA 6/17/2023 6/19/2023 GALLS 856.32 STEPHANIE SHEA 6/22/2023 6/23/2023 CINTAS CORP 83.10 STEPHANIE SHEA 6/26/2023 6/27/2023 THOMSON WEST"TCD 667.32 STEPHANIE SHEA 6/29/2023 6/30/2023 CINTAS CORP 83.10 STEPHANIE SHEA 6/29/2023 6/30/2023 KAP ED/AWARDS BY HAMMOND 71.00 STEPHANIE SHEA 6/15/2023 6/19/2023 UNION DEPOT 8943 4.00 JOE SHEERAN 6/27/2023 6/27/2023 MCFOA 50.00 ANDREA SINDT 6/27/2023 6/28/2023 CINTAS CORP 70.53 KAYLA SPANDE 6/29/2023 6/29/2023 AMZN MKTP US*C80I96I53 8.45 KAYLA SPANDE 6/29/2023 6/30/2023 AMZN MKTP US*NB6D31VC3 31.67 KAYLA SPANDE 6/19/2023 6/20/2023 NORTH AMERICAN RESCUE LL 217.20 BRIAN TAUZELL 6/28/2023 6/29/2023 AN FORD WHITE BEAR LAK 431.65 MATT WOEHRLE 6/29/2023 6/30/2023 AN FORD WHITE BEAR LAK 411.09 MATT WOEHRLE 6/21/2023 6/23/2023 MENARDS 3385 354.33 BOON XIONG 6/26/2023 6/27/2023 TRI-STATE BOBCAT 484.00 BOON XIONG 6/27/2023 6/28/2023 CARPENTERS NSP LLC 4.28 BOON XIONG 6/29/2023 6/30/2023 CUSTOM TRUCK ONE SOURCE 90.00 BOON XIONG 6/29/2023 6/30/2023 KENS AUTO REPAIR LLC 95.83 BOON XIONG 6/16/2023 6/19/2023 LIFE ASSIST INC 274.03 ERIC ZAPPA 6/19/2023 6/20/2023 LIFE ASSIST INC 43.20 ERIC ZAPPA $ 30,018.59 Council Packet Page Number 34 of 87 G1. Attachments Settlement nata 7/3/2023 7/3/2023 7/10/2023 7/10/2023 7/7/2023 7/7/2023 7/7/2023 7/7/2023 7/10/2023 7/7/2023 7/14/2023 7/7/2023 7/7/2023 7/7/2023 CITY OF MAPLEWOOD Disbursements via Debits to Checking Account Payee Accela Credit Card Billing Delta Dental Delta Dental Empower - State Plan ICMA (Vantagepointe) ICMA (Vantagepointe) Labor Unions MidAmerica MN State Treasurer Optum Health Optum Health P.E.R.A. U.S. Treasurer US Bank VISA One Card* Description Credit Card Billing Fee Dental Premium Dental Premium PR - Deferred Compensation PR - Deferred Compensation Retiree Health Savings PR - Union Dues HRA Flex Plan - AUL PR - State Payroll Tax DCRP & Flex Plan Payments DCRP & Flex Plan Payments PR - P.E.R.A. PR - Federal Payroll Tax Purchasing Card Items *Detailed listing of VISA purchases is attached. Amount $ 15.00 2,499.16 1,648.24 27,042.00 8,556.00 1,040.00 5,383.50 16,868.82 29,279.86 544.52 3,524.84 151,706.68 119,090.79 30,018.59 $ 397,218.00 Council Packet Page Number 35 of 87 G1. Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME 07/07/23 ABRAMS, MARYLEE 07/07/23 CAVE, REBECCA 07/07/23 JUENEMANN, KATHLEEN 07/07/23 LEE, CHONBURI 07/07/23 VILLAVICENCIO, NICHOLE 07/07/23 COLEMAN, MELINDA 07/07/23 DARROW, MICHAEL 07/07/23 KNUTSON, LOIS 07/07/23 CHRISTENSON, SCOTT 07/07/23 DOUGLASS, TOM 07/07/23 JAHN, DAVID 07/07/23 LENTINI, LINDSAY 07/07/23 RAMEAUX, THERESE 07/07/23 AEILTS, LAUREN 07/07/23 JACOBSON, CARL 07/07/23 RACETTE, THOMAS 07/07/23 RUEB, JOSEPH 07/07/23 STANLEY, JENNIFER 07/07/23 ARNOLD, AJLA 07/07/23 EVANS, CHRISTINE 07/07/23 LARSON, MICHELLE 07/07/23 SINDT, ANDREA 07/07/23 MOY, PAMELA 07/07/23 OSTER, ANDREA 07/07/23 WEAVER, KRISTINE 07/07/23 BENJAMIN, MARKESE 07/07/23 BERGERON, ASHLEY 07/07/23 BIERDEMAN, BRIAN 07/07/23 BURT-MCGREGOR, EMILY 07/07/23 BUSACK, DANIEL 07/07/23 CLAYTON, STEVEN 07/07/23 CONDON, MITCHELL 07/07/23 CRUZ, TREANA 07/07/23 DEMULLING, JOSEPH 07/07/23 DUGAS, MICHAEL 07/07/23 EELLS, BRIAN 07/07/23 FORSYTHE, MARCUS 07/07/23 FRITZE, DEREK 07/07/23 GABRIEL, ANTHONY 07/07/23 GEISELHART, BENJAMIN 07/07/23 GIVAND, JONATHAN 07/07/23 GREEN, JAMIE 07/07/23 HAWKINSON JR, TIMOTHY 07/07/23 HER PHENG 07/07/23 HER TERRELL 07/07/23 HOEMKE, MICHAEL 07/07/23 JOHNSON, BARBARA 07/07/23 KADEN, JACOB Exp Reimb, Severance, Conversion AX401TNT inc] in Amnnnt 602.85 530.61 530.61 530.61 530.61 7,916.00 5,951.55 3,812.82 2,981.41 3,189.42 2,538.85 3,036.90 3,992.30 2,335.39 4,435.62 3,006.88 5,779.05 3,611.39 2,383.25 2,834.40 2,444.80 4,389.62 2,447.13 2,384.80 3,491.20 3,931.48 4,080.80 6,869.02 4,316.84 5,677.10 3,966.43 4,379.61 3,472.00 5,526.35 5,278.14 3,755.20 5,055.05 4,354.02 5,462.21 3,581.58 3,755.20 3,611.20 4,186.59 5,021.02 3,644.17 5,278.14 644.00 3,338.40 $ 2,384.80 3,491.20 103.05 366.91 Council Packet Page Number 36 of 87 G1. Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion CHECK # CHECK DATE EMPLOYEE NAME AMOUNT incl in Amount 07/07/23 KANDA, MADELINE 3,901.93 07/07/23 KIM, WINSTON 3,527.39 07/07/23 KONG, TOMMY 4,555.14 07/07/23 KRAL, EMMA 585.00 07/07/23 KROLL, BRETT 4,186.59 07/07/23 KROLL, LISA 2,584.71 07/07/23 KUCHENMEISTER, GINA 2,424.80 07/07/23 KUCHENMEISTER, JASON 2,332.00 07/07/23 LATOUR, HAYLEY 2,156.00 07/07/23 LENERTZ, NICHOLAS 3,860.09 07/07/23 LYNCH, KATHERINE 4,360.60 07/07/23 MARIN, RAE 4,950.43 07/07/23 MARINO, JASON 5,173.46 07/07/23 MARK, OLAF 4,213.33 07/07/23 MORALES, MARIO 2,015.39 07/07/23 MURRAY, RACHEL 4,651.35 07/07/23 NYE, MICHAEL 4,702.59 07/07/23 PARKER, JAMES 4,372.43 07/07/23 PASDO, JOSEPH 3,588.78 07/07/23 PETERS, DANIEL 3,967.19 07/07/23 QUIRK, JAMES 3,527.39 07/07/23 RETHWILL, SCOTT 3,988.44 07/07/23 SALCHOW, CONNOR 4,916.80 07/07/23 SANCHEZ, ISABEL 4,302.24 07/07/23 SHEA, STEPHANIE 2,962.86 07/07/23 STARKEY, ROBERT 4,438.64 276.00 07/07/23 STEINER, JOSEPH 5,278.14 07/07/23 STOCK, AUBREY 4,967.83 07/07/23 SUEDKAMP, ADAM 4,437.00 07/07/23 SWETALA, NOAH 4,512.27 07/07/23 TAUZELL, BRIAN 5,881.84 07/07/23 WEAVER, TAWNY 3,421.86 07/07/23 WENZEL, JAY 4,041.61 07/07/23 WERTH, JENNIFER 2,344.00 07/07/23 WIETHORN, AMANDA 4,723.14 07/07/23 XIONG, KAO 4,253.91 07/07/23 XIONG, NHIA 3,682.06 687.46 07/07/23 XIONG, PETER 3,359.27 07/07/23 XIONG, TUOYER 3,989.59 07/07/23 YANG, THANG 3,839.16 07/07/23 ZAPPA, ANDREW 3,967.19 07/07/23 BARRETTE, CHARLES 5,161.61 07/07/23 BAUMAN, ANDREW 4,690.21 07/07/23 BEITLER, NATHAN 5,616.73 07/07/23 BERG, TERESA 480.00 07/07/23 CAMPBELL, MACLANE 4,325.57 07/07/23 COOK, NICKLAUS 4,838.63 07/07/23 COOK, TANNER 4,078.39 Council Packet Page Number 37 of 87 G1. Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion CHECK # CHECK DATE EMPLOYEE NAME AMOUNT incl in Amount 07/07/23 CRAWFORD JR, RAYMOND 4,578.89 07/07/23 CRUMMY, CHARLES 4,302.24 07/07/23 DABRUZZI, THOMAS 4,367.99 07/07/23 DAVISON, BRADLEY 3,496.03 07/07/23 HAGEN, JOHN 3,942.08 07/07/23 HAGEN, MICHAEL 4,091.49 07/07/23 HALWEG, JODI 3,824.43 07/07/23 HANG, RYAN 351.00 07/07/23 HAWTHORNE, ROCHELLE 5,544.13 07/07/23 KUBAT, ERIC 4,115.57 07/07/23 LANDER, CHARLES 5,635.23 07/07/23 LANIK, JAKE 4,480.91 07/07/23 MALESKI, MICHAEL 3,875.96 07/07/23 MCGEE, BRADLEY 3,502.68 07/07/23 MERKATORIS, BRETT 3,622.59 07/07/23 MONDOR, MICHAEL 6,494.84 07/07/23 NEILY, STEVEN 4,332.88 07/07/23 NELSON, GRADON 4,080.03 07/07/23 NIELSEN, KENNETH 4,067.31 07/07/23 NOVAK, JEROME 4,101.09 07/07/23 POWERS, KENNETH 4,226.79 07/07/23 SCHROEDER, RYAN 4,806.40 07/07/23 SEDLACEK, JEFFREY 5,047.15 07/07/23 SHIELDS, RUSSELL 4,009.16 07/07/23 SOHRWEIDE, TYSON 4,190.19 07/07/23 SPANDE, KAYLA 2,480.19 07/07/23 WARDELL, JORDAN 3,931.24 07/07/23 WILLIAMSON, MICHAEL 4,657.23 07/07/23 ZAPPA, ERIC 4,549.83 07/07/23 CORTESI, LUANNE 2,444.80 07/07/23 JANASZAK, MEGHAN 3,604.66 07/07/23 BRINK, TROY 3,072.21 07/07/23 BUCKLEY, BRENT 2,899.90 07/07/23 EDGE, DOUGLAS 2,920.52 07/07/23 HERBST, JONATHEN 2,250.89 07/07/23 JORDAN, TIMOTHY 2,237.39 07/07/23 MEISSNER, BRENT 3,069.82 07/07/23 MEODZIK, JASON 2,561.69 07/07/23 NAGEL, BRYAN 4,767.00 07/07/23 RUNNING, ROBERT 3,258.32 07/07/23 TEVLIN, TODD 3,011.41 07/07/23 BURLINGAME, NATHAN 3,491.20 07/07/23 DUCHARME, JOHN 3,555.82 07/07/23 ELIASON, PETER 3,159.39 07/07/23 ENGSTROM, ANDREW 3,551.20 07/07/23 JAROSCH, JONATHAN 4,798.23 07/07/23 LOVE, STEVEN 6,459.68 07/07/23 STRONG, TYLER 3,469.79 Council Packet Page Number 38 of 87 G1. Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion CHECK # CHECK DATE EMPLOYEE NAME AMOUNT incl in Amount 07/07/23 ZIEMAN, SCOTT 1,007.00 07/07/23 GERNES, CAROLE 3,229.41 239.62 07/07/23 MCKANE, QUINN 305.50 07/07/23 FRIBERG, DAVID 2,325.29 07/07/23 HAYS, TAMARA 2,689.68 07/07/23 HINNENKAMP, GARY 3,026.53 07/07/23 NAUGHTON, JOHN 3,019.52 07/07/23 ORE, JORDAN 2,960.79 07/07/23 STOKES, KAL 2,452.30 07/07/23 WOEHRLE, DYLAN 1,164.00 07/07/23 WOEHRLE, JUSTIN 1,139.00 07/07/23 BEGGS, REGAN 2,680.89 07/07/23 HAMMOND, ELIZABETH 2,511.98 07/07/23 JOHNSON, ELIZABETH 2,577.79 07/07/23 JOHNSON, RANDY 4,798.23 07/07/23 PARR, DANETTE 6,769.10 07/07/23 SCHORR, JENNIFER 2,128.19 07/07/23 FINWALL, SHANN 4,316.50 07/07/23 MARTIN, MICHAEL 4,539.11 07/07/23 EVANS, MATTHEW 968.00 07/07/23 LENTZ, DANIEL 3,412.19 07/07/23 THIENES, PAUL 3,238.25 07/07/23 WESTLUND, RONALD 3,032.62 07/07/23 YOUNG, MATTHEW 2,821.60 07/07/23 WELLENS, MOLLY 2,657.30 07/07/23 BRENEMAN, NEIL 3,604.66 07/07/23 GORACKI, GERALD 199.00 07/07/23 MOORE, PATRICK 110.50 07/07/23 ROBBINS, AUDRA 5,025.73 07/07/23 BERGO, CHAD 3,929.81 07/07/23 SCHMITZ, KEVIN 2,549.29 07/07/23 SHEERAN JR, JOSEPH 4,615.93 07/07/23 ADAMS, DAVID 2,961.90 07/07/23 JENSEN, JOSEPH 2,984.93 40.00 07/07/23 JONES, DONALD 3,206.85 07/07/23 SCHULTZ, SCOTT 4,825.73 07/07/23 WILBER, JEFFREY 2,877.59 07/07/23 COUNTRYMAN, BRENDA 1,656.00 07/07/23 JOHNSON, BRIANNE 1,368.00 07/07/23 PRIEM, STEVEN 3,134.12 07/07/23 WOEHRLE, MATTHEW 3,168.99 07/07/23 XIONG, BOON 2,855.93 07/07/23 FOWLDS, MYCHAL 5,809.61 07/07/23 FRANZEN, NICHOLAS 4,762.56 84.50 07/07/23 GERONSIN, ALEXANDER 3,845.89 07/07/23 RENNER, MICHAEL 3,029.77 $ 684,591.23 $ 7,673.54 Council Packet Page Number 39 of 87 G2 CITY COUNCIL STAFF REPORT Meeting Date July 24, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer PRESENTER: Steven Love AGENDA ITEM: OpenGov Cartegraph Software License Renewal Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation Policy Issue: The City utilizes a software program called Cartegraph for the management, inspection, and issue tracking of the City's infrastructure assets. Cartegraph is a software solution by OpenGov. The City Council will consider approving the renewal of the Cartegraph software license for a period of three years. Recommended Action: Motion to approve the renewal of the Cartegraph software license with OpenGov for a period of three years. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $55,032.36 (year one), $57,783.98 (year two), and $60,673.18 (year three). Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: The Cartegraph software helps the City manage a number of infrastructure assets. The cost for the renewal will be distributed evenly across the Enterprise Funds tied to these assets. This includes the Environmental Utility Fund, Sanitary Sewer Fund, W.A.C. Fund, Street Revitalization Fund, and the Street Light Fund. Strategic Plan Relevance: ❑ Community Inclusiveness ✓ Financial & Asset Mgmt ❑ Environmental Stewardship ❑ Integrated Communication ✓ Operational Effectiveness ❑ Targeted Redevelopment The City utilizes the Cartegraph software to manage Maplewood's infrastructure assets. This includes the tracking of locations, conditions, maintenance costs, inspections, and issues reported by the public and staff. Council Packet Page Number 40 of 87 G2 Background: The City of Maplewood is responsible for maintaining infrastructure assets ranging from roads, sanitary sewer, storm sewer, street signs, street lights, walks, trails, parks, playgrounds, and municipal buildings. City staff utilizes a software program called Cartegraph to track the asset's condition, perform inspections, plan for proactive maintenance or replacement activities, track issues reported by the public and staff, and to make the best use of the City's resources. The Cartegraph system is integrated into the City's GIS system and all asset locations are mapped. OpenGov provided the City a three year quote for continued use of the Cartegraph software. The following is a list of the annual costs for the Cartegraph program (see attached quote for additional information): • Year 1 - $55,032.36 • Year 2 - $57,783.98 • Year 3 - $60,673.18 Each year the annual costs will be distributed evenly over the following Enterprise Funds: • Street Revitailzation Fund (20%) • Sanitary Sewer Fund (20%) • Street Light Fund (20%) • W.A.C. Fund (20%) • Environmental Utility Fund (20%) City staff recommends the City Council approve the renewal of the Cartegraph software license with OpenGov for a period of three years. Attachments: 1. OpenGov Cartegraph Software License Renewal Council Packet Page Number 41 of 87 G2, Attachment 1 Q► O P E N G O V TOe Box 4Inc134. 0 PO San Jose, CA 95160 United States Quote Number: OG-OOMN2480 Created On: 5/25/2023 Prepared By: Audrey Helle Order Form Expiration: 10/9/2023 Email: ahelle@opengov.com Subscription Start Date: 10/10/2023 Contract Term: 36 Months Subscription End Date: 10/9/2026 Customer Information Customer: City of Maplewood, MN Contact Name: Steve Love Bill To/Ship To: 1830 Country Road B E Email: steve.love@maplewoodmn.gov maplewoodmn.gov Maplewood, Minnesota 55109 United States Billing Frequency: Annually in Advance Payment Terms: Net Thirty (30) Days gOFTWARF CFRVICFC- Product/ Service End Date Annual Fee Enterprise Asset Management OMSPlus, OMS Users (50 Users), Asset Builder, Facilities Domain, Fleet, Integration 10/10/2023 10/9/2024 $55,032.36 Toolkit, Internal Requests, Parks & Recreation Domain, Sanitary Sewer Domain, Scenario Builder, Stormwater Domain, Systems Integration Renewal, Transportation Domain Enterprise Asset Management OMSPlus, OMS Users (50 Users), Asset Builder, Facilities Domain, Fleet, Integration 10/10/2024 10/9/2025 $57,783.98 Toolkit, Internal Requests, Parks & Recreation Domain, Sanitary Sewer Domain, Scenario Builder, Stormwater Domain, Systems Integration Renewal, Transportation Domain Enterprise Asset Management OMSPlus, OMS Users (50 Users), Asset Builder, Facilities Domain, Fleet, Integration 10/10/2025 10/9/2026 $60,673.18 Toolkit, Internal Requests, Parks & Recreation Domain, Sanitary Sewer Domain, Scenario Builder, Stormwater Domain, Systems Integration Renewal, Transportation Domain Annual Subscription Total: See Billing Table Billing Date Amount Due October 10, 2023 $55,032.36 October 10, 2024 $57,783.98 October 10, 2025 $60,673.18 Welcome to OpenGov! Thanks for using our Software Services. This Order Form is entered into between OpenGov, Inc., with its principal place of business at PO Box 41340, San Jose, CA 95160 (OpenGov"), and you, the entity identified above (`Customer"), as of the Effective Date. This Order Form includes and incorporates the OpenGov Software Services Agreement (" SSA") executed by the parties and attached, or if no such SSA is executed or attached, the SSA at https://opengov.com/terms-of-service and the applicable Statement of Work (' SOW") incorporated herein in the event Professional Services are purchased. The Order Form, SSA and SOW shall hereafter be referred to as the "Agreement". Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, on the Effective Date. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the OpenGov Terms and Conditions. Each party's acceptance of this Agreement is conditional upon the other's acceptance of the terms in the Agreement to the exclusion of all other terms. City of Maplewood, MN Signature: Name: Title: Date: OpenGov, Inc Signature: Name: Title: Date: Council Packet Page Number 42 of 87 G3 CITY COUNCIL STAFF REPORT Meeting Date July 24, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER: Steven Love AGENDA ITEM: Resolution Ordering Preparation of Feasibility Study, 2024 Maplewood Street Improvements, City Project 23-08 Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The City Council will consider initiating a street improvement project, identified on the attached project location map, by approving the attached resolution ordering the preparation of a feasibility study for the 2024 Maplewood Street Improvements, City Project 23-08. The feasibility study is the first step in the development process of municipal infrastructure projects. Recommended Action: Motion to approve the attached Resolution, Ordering the Preparation of a Feasibility Study for the 2024 Maplewood Street Improvements, City Project 23-08. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $100,000.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: Capital Improvement Project (CIP) Fund Strategic Plan Relevance: ❑ Community Inclusiveness ✓ Financial & Asset Mgmt ❑ Environmental Stewardship ❑ Integrated Communication ❑ Operational Effectiveness ❑ Targeted Redevelopment The feasibility study is an essential element of the proposed 2024 Maplewood Street Improvements. The study is the first step in the process towards making infrastructure improvements to the project streets. Council Packet Page Number 43 of 87 G3 Background: This improvement project includes two areas which are proposed for construction in 2024. These include the East Shore Drive Area Streets and the Cypress -Maplewood Drive Area Streets (see attached project location maps). These project areas are a part of the proposed 2024 — 2028 Capital Improvement Plan (CIP). The proposed project includes approximately 4.30 miles of streets, which have an average Pavement Condition Index (PCI) rating of 33 (on a scale of 1 to 100) according to the most recent survey in 2022. These streets have continued to deteriorate over the years and are in need of replacement. The feasibility study will establish the improvements to be included in the project, the estimated cost of the improvements, identify funding sources, and establish a project budget. The streets will be reviewed through the lens of our guiding documents (Comprehensive Plan, Living Streets Policy, etc.) to identify needed improvements. Staff will also look into the condition of the existing features such as curbing, sidewalks/trails, water main, storm sewer and sanitary sewer to determine if any improvements are necessary to these systems. Throughout the feasibility and design process staff will provide opportunities for residents to provide input on the project. This will be accomplished by hosting neighborhood meetings, sending out informational mailings and being available by phone or email for any questions or concerns about the project. If authorized, Staff will commence with preparing the report, geotechnical investigation, topographic survey, assessment appraisal analysis, neighborhood meetings, informational mailings, and all other tasks associated with preparing the feasibility study. Attachments: 1. Resolution Ordering Preparation of Feasibility Study 2. Project Location Map Council Packet Page Number 44 of 87 G3, Attachment 1 RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the East Shore Drive Area Streets and the Cypress -Maplewood Drive Area Streets, as depicted on the project location maps, and is hereby called the 2024 Maplewood Street Improvements, City Project 23-08. AND WHEREAS, it is proposed to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the City Council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $100,000 are appropriated to prepare this Feasibility Study. Approved this 24th day of July, 2023. Council Packet Page Number 45 of 87 C=,'I Aftnrhmant 7 ,1A/ v CT oa O U- w Kohlman Q� v \ �Q- z Lake LJ � Q P6�j KOHLMAN AVE. F COUNTY C/) ROAD w Kohlman O Park S-CC To U U) 121� �� C% J Manufactured J 0 —I C/-) Housing QC z M O U W Estates 2 Q �i 7/`L w 5 3 C C T LiCO 4 ON NOR AVE. z DEMONS AVE.. �� � cn a Q j J B OOKT Q � C SEXTANT �v AVE. GERVAIS AVE. pKwy 36 PROPOSED STREET IMPROVEMENT NO SCALE 2024 Maplewood Street Improvements Cypress -Maplewood Drive Area City Project 23-08 Council Packet Page Number 46 of 87 C=,'I Aftnrhmant 7 1- � 28 - 0 62 w J �- w J J Q 13 GO D01\ Sy O,AF TRAIL J n FE W J SKILL P� AE. I=- S HOB�[-- AN E D U� J o � RYAN� NTON LLJ m ItFlicek < Park I (_> �I AVE. Gloster Park o SKILLMAN � z W � Robinhoo = U Park w FR v m � FRISBIE AVE n F----R IP FL EY7 A � PROPOSED STREET IMPROVEMENT 2024 Maplewood Street Improvements East Shore Drive Area City Project 23-08 NO SCALE Council Packet Page Number 47 of 87 G4 REPORT TO: REPORT FROM: PRESENTER AGENDA ITEM Action Requested: Form of Action: Policy Issue: CITY COUNCIL STAFF REPORT Meeting Date July 24, 2023 Melinda Coleman, City Manager Brian Bierdeman, Public Safety Director Brian Bierdeman, Public Safety Director Minnesota Department of Commerce Auto Theft Prevention Grant Funds ✓ Motion ❑ Discussion ❑ Public Hearing ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation City Council approval is requested to sign the grant contract with the Minnesota Department of Commerce and accept the grant money offered to fund an additional Auto Theft Investigator. Recommended Action: Motion to accept grant money in the amount of $618,000.00 by entering into the Auto Theft Investigator Agreement with the Minnesota Department of Commerce for two grant funded Auto Theft Investigators for a three year contract and related training and travel expenses for the years 2023 through 2026. Furthermore, the Finance Director is authorized to make necessary budget adjustments of approximately $358,000.00 for the years 2023 through 2026 to cover all additional expenses ($120,000.00 per year) for two Auto Theft Investigators. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is approximately $358,000.00 over three years with an additional reimbursement of $618,000.00. Financing source(s): ✓ Adopted Budget ❑ Budget Modification ✓ New Revenue Source ❑ Use of Reserves ❑ Other: N/A Strategic Plan Relevance: ❑ Community Inclusiveness ✓ Financial & Asset Mgmt ❑ Environmental Stewardship ❑ Integrated Communication ✓ Operational Effectiveness ❑ Targeted Redevelopment Targeting criminal activities relating to auto theft, theft from auto and other related offenses. Background: The Maplewood Police Department has historically had a high rate of automobile related theft compared to state-wide statistics. In 2019, the department was awarded grant funds for an Auto Theft Investigator from the Minnesota Department of Commerce. With those funds, the department was afforded the ability to dedicate a detective to focus on decreasing the rate of auto -related thefts Council Packet Page Number 48 of 87 G4 in the City of Maplewood. The rate of auto theft has increased 41% in Maplewood since 2019 and the rate of theft from auto increased 42% from 2019 until 2021 until there was a 32% decrease in 2022. Despite the issue of automobile theft having increased in Maplewood and other nearby jurisdictions over the last several years, the department has increased the clearance rate of automobile theft cases from 16% in 2020 to 20% between 2021 and 2022. The acceptance of this grant funding will allow our department to continue focused prevention and investigation of automobile theft and add an additional auto theft detective for this grant cycle (Two full-time auto theft detectives). The approximate salary breakdown for the next three years is: Existing Detective/Investigator: 2024 $151,033.33 Budgeted (Wages and Benefits) 2025 $161,237.18 Estimated (Wages and Benefits) 2026 $166,677.34 Estimated (Wages and Benefits) New Detective/Investigator: 2024 $149,491.68 Estimated (Wages and Benefits) Step D 2025 $159,382.63 Estimated (Wages and Benefits) 2026 $169,940.73 Estimated (Wages and Benefits) Attachments: 1. New Auto Theft Investigator Grant Contract Council Packet Page Number 49 of 87 DocuSign Envelope ID: 1137C14F8-7B20-4741-1302D-DBOAD22AC423 G4, Attachment 1 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Commerce ("State") and Maplewood Police Department, 1830 County Rd B E, Maplewood, MN, 55109 ("Grantee"). Recitals 1. Under Minn. Stat. § 216C.02, subd. 1, the State is empowered to enter into this grant. 2. The State is in need of assistance to reduce the incidence of automobile theft and automobile theft -related crime. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn. Stat. § 1613.98, subd.1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date: 07/01/2023, or the date the State obtains all required signatures under Minn. Stat. § 1613.98, subd. 5, whichever is later. Per, Minn. Stat. § 1613.98, subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: 06/30/2026, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 3 Grantee's Duties The Grantee, who is not a state employee, will: 3.1 Comply with required grants management policies and procedures set forth through Minn. Stat. § 1613.97, Subd. 4 (a) (1). 3.2 Execute the duties set forth in Exhibit A, which is attached and incorporated into this grant contract. 3.3 Reporting Requirements 3.3.1 Financial Reporting. Grantee shall submit a financial reporting form to the State's Authorized Representative utilizing the format identified by the State within 30 days after the end of the reporting period. 3.3.2 Progress Reporting. Grantee shall use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accomplishment of the program goals and objectives within 30 days after the end of the reporting period. 3.3.3 Auto Theft Data. Grantees, who are local or county law enforcement agencies, shall provide reports of all reported motor vehicle thefts and reported stolen vehicle recovered in by their agency to the State at least monthly and within five (5) business days of the end of each month. Such information shall include the following fields: Date of theft or recovery, license plate, VIN, vehicle year, vehicle make, and vehicle model, and location of theft or recovery. 3.3.4 Other Requirements. Grantee shall submit such other reports and attend meetings and training as State shall reasonably request. 3.3.5 Evaluation. The State shall have the authority, during the course of this grant period, to conduct evaluations of the performance of the Grantee. 3.3.6 Requirement Changes. The State may modify or change all reporting forms at its discretion during the grant period. G -Grantee —Commerce Fraud Bureau Grant (Municipalities Rev. 04/2019) Council Packet Page Number 50 of 87 DocuSign Envelope ID: 1137C14F8-7B20-4741-1302D-DBOAD22AC423 G4, Attachment 1 3.3.7 Special Requirements. The State reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the Grantee's successful implementation of the program. The State will notify the Grantee in writing of any special administrative requirements. 3.4 Equipment 3.4.1 Definitions. Equipment and materials include items and supplies purchased with grant funds. This may include, but is not limited to, GPS trackers, cameras, computer software, ALPR's, and bait cars. Capital equipment is defined as a single item purchased with a value of $5,000.00 or more. 3.4.2 Purpose. All equipment and materials purchased with grant funds shall be used primarily for the purpose of the grant for the entire duration of the term of the agreement. 3.4.3 Inventory. The Grantee shall place all equipment and materials having a value of over $100 purchased with grants funds on a grant property inventory form. The inventory form must be submitted with quarterly reports. The Grantee shall provide a copy of the grant inventory to the State's Authorized Representative. 3.4.4 Inspection. The Grantee shall make all equipment and materials purchased with grants funds available for inspection by the State's Authorized Representative. 3.4.5 Replacement. The Grantee is responsible for replacing or repairing property which is lost, stolen, damaged or destroyed. Any loss, damage or theft of equipment must be investigated and fully documented and made part of the official grant contract records. Stolen property must be reported promptly to the appropriate law enforcement agency and a copy of the report retained in the program files. 3.4.6 Discontinuation of Use During Grant Term. If the Grantee ceases using equipment (including capital equipment) or materials for the intended purpose during the term of the agreement, the Grantee shall contact the State's Authorized Representative for disposition of property instructions. Disposition may include sale, transfer to the State, or transfer to another grantee. 3.4.7 Discontinuation of User of Capital Equipment. Capital equipment must be retained in inventory for a five-year period or when the value of the equipment has depreciated to less than $5,000, whichever comes first. If the Grantee ceases using capital equipment for the intended purpose during this time, the Grantee shall contact the State's Authorized Representative for disposition of property instructions. Disposition may include sale, transfer to the State, or transfer to another grantee. 3.5 Personnel. If the grant provides funding for personnel, the funded personnel shall work on grant activities. Full-time funded positions must work exclusively on grant activities, excluding ancillary duties such as training, meetings, covering a court calendar, assisting others on a short-term project. Part-time or overtime funding positions must keep a record of their hours spent on grant activities. The Grantee shall inform the State's Authorized Representative of the staff names who are assigned to and funded by the grant. If staff are reassigned or discontinued for more than 14 days, the grantee shall promptly notify the State's Authorized Representative. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: 4.1.1 Compensation. The Grantee will be paid, upon reimbursement, an amount not to exceed: 4.1.1.1 $206,000.00 available for fiscal year 2024 4.1.1.2 $206,000.00 available for fiscal year 2025 4.1.1.3 $206,000.00 available for fiscal year 2026 of actual eligible costs incurred in the performance of the Grantee's duties according to the breakdown of costs contained in the grant budget (Exhibit B), which is attached and incorporated into this grant contract. 4.1.2 Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed: $618,000.00 G -Grantee — Commerce Fraud Bureau 2 Grant (Municipalities Rev. 04/2019) Council Packet Page Number 51 of 87 DocuSign Envelope ID: 1137C14F8-71320-4741-B02D-DBOAD22AC423 G4, Attachment 1 4.2 Line -Item Changes. Expenditures specified in Exhibit B may not be moved from one line -item to another unless in accordance with the requirements listed below: 4.12.1 Any changes to the line -item budget must advance the purpose of the Automobile Theft Prevention Grant Program and must remain within the total dollar amount available for each fiscal year. 4.12.2 Any fund transfers must be approved in advance in writing by the State's Authorized Representative and will not be effective until an amendment to this Agreement has been executed. 4.12.3 The State may refer approval requests for line -item transfer(s) to the Automobile Theft Prevention Advisory Board to review for reasonableness. 4.13 Payment 4.13.1 Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely upon completion of services, but not more often than monthly. The state fiscal year is July 1 to June 30 of each year. Amounts submitted on each invoice must reflect goods ordered and services rendered during the specific invoice period for each invoice. The final invoice pertaining to each state fiscal year of this grant contract must be received by the close of business on July 31 following the end of the fiscal year. 4.13.2 Unexpended Funds. The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 4.14 Contracting and Bidding Requirements. Per Minn. Stat. § 471.345, Grantees that are municipalities as defined in subd. 1 must do the following if contracting funds from this grant contract agreement for any supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. 4.14.1 If the amount of the contract is estimated to exceed $100,000, a formal notice and bidding process must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat. § 16C.28, subd. 1, paragraph (a), clause (2). 4.14.2 If the amount of the contract is estimated to exceed $25,000 but not $100,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat. § 16C.28, subd. 1, paragraph (a), clause (2) and paragraph (c). 4.14.3 If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat. § 16C.28, subd. 1, paragraph (a), clause (2)• 4.14.4 Support documentation of the bidding process utilized to contract services must be included in the Grantee's financial records, including support documentation justifying a single/sole source bid, if applicable. G -Grantee —Commerce Fraud Bureau Grant (Municipalities Rev. 04/2019) Council Packet Page Number 52 of 87 DocuSign Envelope ID: 1137C14F8-7B20-4741-1302D-DBOAD22AC423 G4, Attachment 1 4.14.5 For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. § 177.41 through These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. 6 Authorized Representative The State's Authorized Representative is Joseph Boche, Special Agent, Phone 651-539-1608, or their successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Joe Steiner, Lieutenant, Phone 651-249-2608, E-mail joe.steiner@maplewoodmn.gov or their successor. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 6.1 Activities Requiring Approvals. Changes or derivations of the following activities from the grantee's proposal require prior written approval from the State's Authorized Representatives 6.1.1 The following material program modifications 6.1.1.1 Modifying your geographic area served 6.1.1.2 Changing organizations involved in activities provided in Exhibit A (expansion, contraction or revision) 6.1.1.3 Revising activities and timelines in Exhibit A 6.1.1.4 Amending the number of activities or number of individuals you proposed to serve 6.1.1.5 Revising your target population 6.1.2 Purchase of capital equipment not specified in Exhibit B. 6.2.3 Purchase of equipment not specified in Exhibit B. 6.2.4 Reallocation of funds in Exhibit B from one line item to another. 6.2.5 Sub -Contracts, according to Clause 4.3 Contracting and Bidding Requirements, of $5,000.00 or more. 6.2.6 Out of state travel when grant funds are used. 6.2.7 Disposal of equipment purchased with grant funds during the term of the grant according to Clause 3.4. 6.2.8 Disposal of capital equipment at any time during the during the term of the grant, and for 5 years from the date of purchase of the equipment or when the equipment has a value less than $5,000.00, whichever comes first. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. G -Grantee —Commerce Fraud Bureau Grant (Municipalities Rev. 04/2019) Council Packet Page Number 53 of 87 DocuSign Envelope ID: 1137C14F8-71320-4741-1302D-DBOAD22AC423 G4, Attachment 1 9 State Audits Under Minn. Stat. § 16B.98, subd. 8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with applicable law. 10.2 Intellectual Property Rights. The Grantee shall own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the works and documents. The "works" means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant contract. "Works" includes documents. The "documents" are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant contract. 10.3 License to the State. Subject to the terms and conditions of this grant contract, the Grantee hereby grants to the State a perpetual, irrevocable, no -fee right and license to make, have made, reproduce, modify distribute, perform and otherwise use the works and documents for any and all purposes, in all forms and manners that the State, in its sole discretion, deems appropriate. The Grantee shall upon the request of the State, execute all papers and perform all other acts necessary, to document and secure said right and license to the works and documents by the State. At the request of the State, the Grantee shall permit the State to inspect the original documents and provide a copy of any of the document to the State, without cost, for use by the State in any manner the State, in its sole discretion, deems appropriate. 10.4 Obligations. Grantee represents and warrants that materials produced or used under this grant contract do not and will not infringe upon any intellectual property rights of other persons or entities including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys' fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in Grantee's or the State's opinion is likely to arise, Grantee shall, at the State's discretion, either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. G -Grantee —Commerce Fraud Bureau Grant (Municipalities Rev. 04/2019) Council Packet Page Number 54 of 87 DocuSign Envelope ID: 1137C14F8-7B20-4741-B02D-DBOAD22AC423 G4, Attachment 1 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee's website when practicable. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if: 1) it does not obtain funding from the Minnesota Legislature, or other funding source; or 2) if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or electronic notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. --signature line on next page— G -Grantee —Commerce Fraud Bureau Grant (Municipalities Rev. 04/2019) Council Packet Page Number 55 of 87 DocuSign Envelope ID: 1137C14F8-71320-4741-B02D-DBOAD22AC423 G4, Attachment 1 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05 10EAAB561D3244F4 Donnc__uSirrgnooennd by: _� 1�6�t�+�o� Signed: ... Date: 7/5/2023 Grant Contract / PC: SC# 231908 F=Y24 RDA 3-17217 2. MAPLEWOOD POLICE DEPARTMENT The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. DocuSigned by: �ItiA (h"AAA. LAB 780834694FE... Melincia. Coleman City Manager 7/6/2023 Marylee Abrams Mayor 3. MN DEPARTMENT OF COMMERCE (with delegated authority) By: Title: Date: Distribution: MN Dept. of Commerce, Accounting Dept. Grantee State's Authorized Representative (copy) G -Grantee —Commerce Fraud Bureau Grant (Municipalities Rev. 04/2019) Council Packet Page Number 56 of 87 7 DocuSign Envelope ID: 1B7C14F8-71320-4741-B02D-DBOAD22AC423 G4, Attachment 1 Exhibit A Grantee's Duties A. Project Goal: _Dedicated Investigator Grant — Full Time B. The Grantee shall do all things necessary to complete the following tasks according to the following schedule: Completion Task Description Date Task 1. Investigations & Case Review Ongoing 1.1. A single investigator (Auto Theft Investigator) shall be assigned to auto theft and review all cases in the service area where a stolen vehicle was taken, recovered, or involved. 1.2. As determined by agency priorities the Auto Theft Investigator will follow up on those cases. 1.3. The Auto Theft Investigator will only be assigned to cases related to the theft of a motor vehicle. (Auto theft related includes not only the theft of a vehicle, but also, parts, theft from and crimes committed where the vehicle is used to facilitate other crimes, for example, theft of mail, shoplifting, burglary.) (The investigator may continue to assist other investigators as needed from time to time.) 1.4. The investigator will track their activities and provide, a case log, statistics, and a narrative report quarterly. Task 2. Training At least 2.1. The investigator will attend auto theft related trainings. annually 2.2. Training activities will be reported quarterly. Task 3. Meetings Every other 3.1. The investigator will attend intelligence meetings/trainings organized by the State. Month Task 4. Reporting/Invoicing 4.1. Conduct conferences as needed with the State's Authorized Representative to apprise him/her on progress accomplishments and issues encountered. Ongoing 4.2. Schedule project update meetings as necessary to inform the State's Authorized Representative of deviations to the project schedule, the need to modify the scope of the project or at the request of the State's Authorized Representative to discuss any item related to the project's progress. 4.3. Keep the State's Authorized Representative apprised of any changes to personnel assigned to work on the grant. 4.4. On monthly basis submit (within 5 business days following the end of the month): 7/1/2023 — 4.4.1 A list of the vehicles reported stolen/recovered the grantee agency, such reports shall 6/30/2025 include the date, location, VIN, License plate, year, make, and model. 4.5. On a quarterly basis submit (within 30 days following the end of the quarter): 4.5.1 Invoices and supporting documentation to the State for the preceding quarter's work completed within the project scope; and 4.5.2 Budget overview for the preceding quarter's expenses and expenses to date using the details in Exhibit B. 4.5.3 Statistical reports (template provided by the State) related to motor vehicle thefts for the past quarter. 4.5.4 Reports (template provided by the State) documenting the activities funded investigators for the past quarter. 4.5.5 A narrative report (template provided by the State) documenting grantees progress, challenges and suggestions. 4.6. Submit the Final Report, including executive summary, and a final invoice to the State upon 7/30/2025 completion of the project. Auto Theft Investigator - Full Time Council Packet Page Number 57 of 87 DocuSign Envelope ID: 1137C14F8-71320-4741-B02D-DBOAD22AC423 G4, Attachment 1 Exhibit B Grantee's Budget Budget: The Grantee's eligible costs include actual costs incurred invoiced as reimbursement per State requirements. These costs include labor/fringe, subcontractors, equipment, marketing, printing, materials, supplies, and travel (subject to the guidelines of the "Commissioner's Plan"). These costs are reflected in the following categories which align with the Tasks in Exhibit A. Category FY 2024 FY 2025 FY 2026 Total Amount Personnel $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 600,000.00 Training/Travel $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 18,000.00 [Total Grant Award: $ 206,000.00 1 $ 206,000.00 $ 206,000.00 1 $ 618,000.00 FY 2024 & 2025 General Auto Theft Grant Council Packet Page Number 58 of 87 I1 CITY COUNCIL STAFF REPORT Meeting Date July 24, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Joe Rueb, Finance Director PRESENTER: Joe Rueb, Finance Director AGENDA ITEM: Resolution Awarding the Sale of G.O. Improvement Bonds, Series 2023A Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The City Council will consider awarding the sale of General Obligation Improvement Bonds in the approximate amount of $2,125,000 to finance City street improvement projects in 2023, including Myrtle -Sterling Area Street Improvements. Recommended Action: Motion to adopt the Resolution Awarding the Sale of General Obligation Improvement Bonds, Series 2023A, in the Original Aggregate Principal Amount of $2,125,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $2,125,000 Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: N/A Strategic Plan Relevance: ❑ Community Inclusiveness ✓ Financial & Asset Mgmt ❑ Environmental Stewardship ❑ Integrated Communication ✓ Operational Effectiveness ❑ Targeted Redevelopment The issuance of bonds will provide for necessary street improvements without undue debt burden. Background: These street improvement projects were previously approved for construction in 2023. Principal and interest payments will be financed over 15 years through a tax levy. Ehler's will provide detailed financing plans. A rating conference with S&P was held July 10, 2023, resulting in affirmation of the City's AA+ bond rating. Council Packet Page Number 59 of 87 I1 Attachments: 1. Resolution Awarding the Sale of General Obligation Improvement Bonds, Series 2023A, in the Original Aggregate Principal Amount of $2,125,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment 2. S&P Global Ratings Report for Maplewood, MN dated July 12, 2023 Council Packet Page Number 60 of 87 I1, Attachment 1 RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2023A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $[PAR]; 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 (the "Council") of Maplewood, Ramsey County, Minnesota (the "City"), as follows: Section 1. Sale of Bonds. 1.01 Authority. It is hereby determined that (a) Certain assessable public improvements within the City, including but not limited to the project designated by the City as the Myrtle -Sterling Area Street Improvements (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 2023A (the "Bonds"), in the original aggregate principal amount of $[PAR], pursuant to the Act, to provide financing for the Improvements. (c) At a duly called and regularly held Council meeting on June 12, 2023, the Council adopted a resolution providing for the issuance and sale of the Bonds (the "Authorizing Resolution"), pursuant to which the Council established a sale date for the Bonds of July 10, 2023. Following adoption of the Authorizing Resolution, City staff, in consultation with its municipal advisor, determined that the sale date for the Bonds should instead occur on July 24, 2023. The Council hereby ratifies such change in sale date from July 10, 2023 to July 24, 2023. (d) 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 (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 $ (the par amount of $[PAR].00, plus [net] original issue [premium][discount] of $ , less underwriter's discount of $ ) plus accrued interest, if any, to the date of delivery, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate Council Packet Page Number 61 of 87 I1, Attachment 1 2025 % 2033 % 2026 2034 2027 2035 2028 2036 2029 2037 2030 2038 2031 2039 2032 *Term Bond] True interest cost: % 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 $[PAR], originally dated the date of delivery (currently anticipated to be August 10, 2023) 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: *Term Bond] Year Amount Year Amount 2025 $ 2033 $ 2026 2034 2027 2035 2028 2036 2029 2037 2030 2038 2031 2039 2032 1.05. Optional Redemption. The City may elect on February 1, 2033 and on any day thereafter to prepay the Bonds maturing on or after February 1, 2034. 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. Council Packet Page Number 62 of 87 I1, Attachment 1 [1.06. Mandatory Redemption; Term Bonds. To be completed if Term Bonds are requested by the Purchaser.] 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, draft, or wire 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 August 1, 2024, 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) RRe ister. 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. Council Packet Page Number 63 of 87 I1, Attachment 1 (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. 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 ofthe 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, Council Packet Page Number 64 of 87 I1, Attachment 1 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 2023A 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, and (iii) all investment earnings on funds in the Debt Service Fund. 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. 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 Council Packet Page Number 65 of 87 I1, Attachment 1 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 Pledgee. 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 -Treasurer 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 County Auditor - Treasurer of Ramsey County, Minnesota (the "County Auditor") the amount available in the Debt Service Fund to pay principal 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 Council Packet Page Number 66 of 87 I1, Attachment 1 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. 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 subj ect 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. Council Packet Page Number 67 of 87 I1, Attachment 1 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 2023 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2023 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 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 CitX. 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 Council Packet Page Number 68 of 87 I1, Attachment 1 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 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. CitCompliance 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 Council Packet Page Number 69 of 87 I1, Attachment 1 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 or by depositing irrevocably in escrow, with a suitable institution qualified by law as an escrow agent for this purpose, cash or securities which are backed by the full faith and credit of the United States of America, or any other security authorized under Minnesota law for such purpose, bearing interest payable at such times and at such rates and maturing on such dates and in such amounts as shall be required and sufficient, subj ect to sale and/or reinvestment in like securities, to pay said obligation(s), which may include any interest payment on such Bond and/or principal amount due thereon at a stated maturity (or if irrevocable provision shall have been made for permitted prior redemption of such principal amount, at such earlier redemption date). 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.) Council Packet Page Number 70 of 87 I1, Attachment 1 The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following members voted in favor of the motion: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. Council Packet Page Number 71 of 87 I1, Attachment 1 EXHIBIT A PROPOSALS [insert] Council Packet Page Number 72 of 87 I1, Attachment 1 No. R- EXHIBIT B FORM OF BOND UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD GENERAL OBLIGATION IMPROVEMENT BOND SERIES 2023A Date of Interest Rate Maturity Original Issue CUSIP 120 [August 10], 2023 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 August 1, 2024, 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, draft, or wire 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, 2033, and on any day thereafter to prepay the Bonds due on or after February 1, 2034. 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. [add term bond provisions as needed] This Bond is one of an issue in the original aggregate principal amount of $[PAR], 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 July 24, 2023 (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 Council Packet Page Number 73 of 87 I1, Attachment 1 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 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: 12023 CITY OF MAPLEWOOD, MINNESOTA (Facsimile) (Facsimile) Mayor City Manager Council Packet Page Number 74 of 87 I1, Attachment 1 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: TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (crust) (minor) under Uniform Gifts or Transfers to Minors Act, State of 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: Council Packet Page Number 75 of 87 I1, Attachment 1 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.) 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. Date of Registration Registered Owner Cede & Co. Federal ID 413-2555119 Signature of Officer of Registrar Council Packet Page Number 76 of 87 I1, Attachment 1 EXHIBIT C TAX LEVY SCHEDULE [insert] Council Packet Page Number 77 of 87 I1, Attachment 1 STATE OF MINNESOTA ) COUNTY OF RAMSEY ) CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified City Clerk of the City of Maplewood, Minnesota (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on July 24, 2023, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the issuance and sale ofthe City's General Obligation Improvement Bonds, Series 2023A, in the original aggregate principal amount of $[PAR]. WITNESS my hand as such City Clerk and the corporate seal of the City this day of , 2023. Andrea Sindt, City Clerk City of Maplewood, Minnesota (SEAL) Council Packet Page Number 78 of 87 I1, Attachment 2 S&P Global Ratings RatingsDirect @ Summary: Maplewood, Minnesota; General Obligation Primary Credit Analyst: Jessica Olejak, Chicago + 1 (312) 233 7068; jessica.olejak@spglobal.com Secondary Contact: Melody W Vinje, Englewood + 1 (303) 721 4163; melody.vinje@spglobal.com Table Of Contents Credit Highlights Outlook Related Research WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 12, 2023 1 Council Packet Page Number 79 of 87 I1, Attachment 2 Summary: Maplewood, Minnesota; General Obligation US$2.125 mil GO imp bnds ser 2023A dtd 08/10/2023 due 02/01/2039 Long Term Rating AA+/Stable New Maplewood GO imp bnds ser 2022A dtd 06/15/2022 due 02/01/2038 Long Term Rating AA+/Stable Affirmed Maplewood GO Long Term Rating AA+/Stable Affirmed Maplewood GO Long Term Rating AA+/Stable Affirmed Maplewood GO Long Term Rating AA+/Stable Affirmed Maplewood GO Long Term Rating AA+/Stable Affirmed Credit Highlights • S&P Global Ratings assigned its 'AA+' long-term rating to Maplewood, Minn.'s $2.125 million series 2023A general obligation (GO) improvement bonds. • At the same time, S&P Global Ratings affirmed its 'AA+' rating on the city's GO debt outstanding. • The outlook is stable. Security The city's full faith and credit pledge and ability to levy unlimited ad valorem property taxes secure the bonds. Officials intend to pay debt service with special assessments levied against benefiting properties and the ad valorem property tax revenues. Bond proceeds will finance the cost of street improvement projects in 2023. Credit overview Maplewood's consistently strong financial performance continued through fiscal 2022 with operationally balanced results after adjusting for a one-time $3 million transfer out. The fiscal 2023 break-even general fund budget includes a 10% wage increase for public safety employees and varying increases for 90% of other city employees, following a salary study. These costs were offset by a levy increase. With the city above its fund balance policy of five months of operating expenditures, it is considering additional spending allocations, up to $1.5 million. The city's largest employer, 3M, announced 1,100 layoffs at its corporate headquarters (8% of staff), but most of these employees either work remotely or live outside of Maplewood, so an economic impact is not expected. Furthermore, we expect the high levels of unassigned fund balance reserves will remain stable and continue to exceed the city's policy. Offsetting factors include our view of Maplewood's debt burden as high relative to its operating budget and underlying economic WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 12, 2023 2 Council Packet Page Number 80 of 87 I1, Attachment 2 Summary: Maplewood, Minnesota; General Obligation factors that remain a limiting credit factor. The 'AA+' rating reflects our assessment of the city's: • Central location in the Minneapolis -St. Paul metropolitan statistical area that supports economic stability and residential growth, and the city's two regional transit projects that will connect residents to job centers, housing options, and other key area destinations; • Very strong management policies and practices under our Financial Management Assessment, highlighted by monthly budget -to -actual and investment reporting to the city council, long term financial and capital improvement plans, comprehensive financial policies that are reviewed annually, along with a strong institutional framework score; • Weak debt profile, with one series of privately placed debt outstanding that we note has no nonstandard events of default; and • Contributions to two multiple -employer, defined -benefit pension plans administered by Public Employees' Retirement Association of Minnesota --the pension plans are underfunded (76.7% and 70.5%, as of June 30, 2022), and annual contributions are based on a statutory formula that is not actuarially based, increasing the likelihood of future cost acceleration; however, annual costs remain low compared with the overall budget, and the city has sufficient operational flexibility to adjust for higher costs. Environmental, social, and governance Environmental, social, and governance factors are neutral within our credit analysis. The city's cyber security practices align with those of peers. Outlook The stable outlook reflects our opinion that Maplewood is well positioned to continue to achieve stable and structurally balanced operations based on the city's historical tax base stability and resilience, coupled with our view of its very strong reserves, significant taxing flexibility, and robust policies and strong management. Downside scenario Although unlikely, we could lower the rating if multiple credit measures deteriorated, such as a slowdown in the economy leading to weaker revenue performance and a reduction in reserve balances. Upside scenario We could raise the rating if the city's economic profile improved to levels commensurate with those of higher -rated issuers, or it decreased its overall debt burden materially. Most recent Historical information 2022 2021 2020 Strong economy Projected per capita EBI % of U.S. 110 Market value per capita ($) 131,357 WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 12, 2023 3 Council Packet Page Number 81 of 87 I1, Attachment 2 Summary: Maplewood, Minnesota; General Obligation 2022 2021 2020 Population 43,026 42,773 County unemployment rate(%) 2.7 Market value ($000) 5,651,774 5,124,121 4,751,312 Ten largest taxpayers % of taxable value 11.6 Strong budgetary performance Operating fund result % of expenditures 1.7 16.6 15.9 Total governmental fund result % of expenditures Very strong budgetary flexibility 34.6 31.3 0.4 Available reserves % of operating expenditures 62.9 57.7 49.1 Total available reserves ($000) Very strong liquidity 15,246 13,226 10,900 Total government cash % of governmental fund expenditures 156 166 108 Total government cash % of governmental fund debt service 553 601 517 Very strong management Financial Management Assessment Strong Weak debt & long-term liabilities Debt service % of governmental fund expenditures 28.2 27.6 20.9 Net direct debt % of governmental fund revenue 119 Overall net debt % of market value 4.5 Direct debt 10-year amortization (%) 75 Required pension contribution % of governmental fund expenditures 6.0 OPEB actual contribution % of governmental fund expenditures 0.0 Strong institutional framework EBI--Effective buying income. OPEB--Other postemployment benefits. Data points and ratios may reflect analytical adjustments. Related Research • Through The ESG Lens 3.0: The Intersection Of ESG Credit Factors And U.S. Public Finance Credit Factors, March 2, 2022 Certain terms used in this report, particularly certain adjectives used to express our view on rating relevant factors, have specific meanings ascribed to them in our criteria, and should therefore be read in conjunction with such criteria. Please see Ratings Criteria at www.standardandpoors.com for further information. Complete ratings information is available to subscribers of RatingsDirect at www.capitaliq.com. All ratings affected by this rating action can be found on S&P Global Ratings' public website at www.standardandpoors.com. Use the Ratings search box located in the left column. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 12, 2023 4 Council Packet Page Number 82 of 87 I1, Attachment 2 Copyright © 2023 by Standard & Poor's Financial Services LLC. 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WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 12, 2023 5 Council Packet Page Number 83 of 87 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 EXTRACT OF MINUTES OF MEETING OF THE COUNCIL OF THE CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota, was held at the City Hall in the City on Monday, July 24, 2023, commencing at 7:00 P.M. The following members of the City Council were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's General Obligation Improvement Bonds, Series 2023A, to be issued in the original aggregate principal amount of $[PAR]1 945 000. The City Manager presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals are as set forth in EXHIBIT A attached. After due consideration of the proposals, Member then introduced the following resolution and moved its adoption: MA745-45-888038.v-24 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2023A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $[PA i4 .945.000; 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 (the "Council') of Maplewood, Ramsey County, Minnesota (the "City'), as follows: Section 1. Sale of Bonds. 1.01 Authority. It is hereby determined that (a) Certain assessable public improvements within the City, including but not limited to the project designated by the City as the Myrtle -Sterling Area Street Improvements (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 2023A (the `Bonds'), in the original aggregate principal amount of $[PAR] 1 945 000 pursuant to the Act, to provide financing for the Improvements. (c) At a duly called and regularly held Council meeting on June 12, 2023, the Council adopted a resolution providing for the issuance and sale of the Bonds (the Authorizing Resolution'), pursuant to which the Council established a sale date for the Bonds of July 10, 2023. Following adoption of the Authorizing Resolution, City staff, in consultation with its municipal advisor, determined that the sale date for the Bonds should instead occur on July 24, 2023. The Council hereby ratifies such change in sale date from July 10, 2023 to July 24, 2023. (d) 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 TD Securities (USA) LLC_ New York_ New York (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 $ 2,094,324 70 (the par amount of $[PAR}001 945 000 00, plus {ffe+—original issue {premium,' [ of $ 178 499 70, less underwriter's discount of $ 29 775 00), plus accrued interest, if any, to the date of delivery, for Bonds bearing interest as follows: MA745-45-888038.v-24 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 Year Interest Rate Year Interest Rate 2025 % 000° 2033 °A5 000° 2026 5 000 2034 4 000 2027 5,000 2035 4,000 2028 5 000 2036 4 000 2029 5,000 2037 4,000 2030 5 000 2038 4 000 2031 5 000 2039 4 000 2032 5 000 r *'True interest cost: °'3.3579374% 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 $[PAR] 945 000, originally dated the date of delivery (currently anticipated to be August 10, 2023) 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: Year Amount Year Amount 2025 $55 000 2033 $135 000 2026 100 000 2034 145 000 2027 100,000 2035 150,000 2028 110 000 2036 155 000 2029 115,000 2037 160,000 2030 120 000 2038 170 000 2031 125 000 2039 175 000 2032 130 000 r *� 0 1.05. Optional Redemption. The City may elect on February 1, 2033 and on any day thereafter to prepay the Bonds maturing on or after February 1, 2034. 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. MA745-45-888038.v-24 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 Section 2. Registration and Pam. 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, draft, or wire 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 August 1, 2024, 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. MA745-45-888038.v-24 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 (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 anew 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. 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 MA745-45-888038.v-24 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 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. Pam; Security; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds are payable from the General Obligation Improvement Bonds, Series 2023A 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, and (iii) all investment earnings on funds in the Debt Service Fund. 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. 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 MA745-45-888038.v-24 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 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 -Treasurer 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 County Auditor -Treasurer of Ramsey County, Minnesota (the "County Auditor') the amount available in the Debt Service Fund to pay principal 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 MA745-45-888038.v-24 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 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 (`�df) or other replicating image attached to an electronic mail or internet message. 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. MA745-45-888038.v-24 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 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 2023 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2023 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 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_ sue; 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 MA745-45-888038.v-24 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 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_ sue. 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 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 MA745-45-888038.v-24 10 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 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 or by depositing irrevocably in escrow, with a suitable institution qualified by law as an escrow agent for this purpose, cash or securities which are backed by the full faith and credit of the United States of America, or any other security authorized under Minnesota law for such purpose, bearing interest payable at such times and at such rates and maturing on such dates and in such amounts as shall be required and sufficient, subject to sale and/or reinvestment in like securities, to pay said obligation(s), which may include any interest payment on such Bond and/or principal amount due thereon at a stated maturity (or if irrevocable provision shall have been made for permitted prior redemption of such principal amount, at such earlier redemption date). 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.) MA745-45-888038.v-24 11 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following members voted in favor of the motion: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. MA745-45-888038.v24 12 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 EXHIBIT A PROPOSALS MA745-45-888038.v-24 A- 1 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 19,EHLERS BID TABULATION $2,125,000* General Obligation Improvement Bands, Series 2023A City of Maplewood, Minnesota SALE: July 24, 2023 AWARD: TD SECURITIES (USA) LLC R,ating: S&P Global Ratings "A_a+" Tax Exempt - Bank Qualified NET TRUIE MATLIZITi REOFFERING INTEREST INTEREST NAME OF BIDDER (Februalv 1) RATE FIELD PRICE COST RATE Tl) SECURITIES (IJSA) LLC $2,288,003.95 $694,41230 33511% New York, New Yoit 2025 5.000% 3.050Y. 2026 5.000% 3.0DIM 2027 5.000% 2_$50Y. 2028 5.000% 2.76DO/. 2029 5.000% 2.72W* 2030 5.000% 2.670Yi 2031 5.000% 2.6705'. 2032 5.000% 2.670% 2033 5.000% 2.67W* 2034 4.000% 2.940% 203J 4.000% 3.030% 2036 4.000% 3.17W* 2037 4.000% 3.3JW* 2038 4.000% 3.490% 2039 4.000' 0 3.560% BAIRD 3.3573 h+fi wa Aee_ Wisconsin BANCROFT CAPITAL, LLC 3Al44': Fort Washington, Pennsyivania NORTHLAND SECUR=, INC_ 3 A 7 61 Mumeapolis. Nfmnesota Subsequent to bid opening the issue size was decreased to $1,945,000- Adjusted Price - $2,Q94,324-70 Adjusted Net Interest Cost - $645,132.80 Adjusted TIC - 3.3579% BUILDING COMMUNITIES ITS WHAT WE DO info*ehlers-inc.com 1 (800) 552-1171 www_ehlers-inc_com MA745-45-888038.v-4 A- 2 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 NET TRUE MAIL'RITF REOFFERING INTEREST INTEREST ; NAME OF BIDDER (February 1) RATE YIELD PRICE COST RATE FEIN FINANCIAL CAPTTAL MARKETS Memphis, Tennessee HU]TLVGTON SECLTP,TTIES, DX 3.5 06-:' Chicago, 1.11mais KE S'BANC CAPITAL 4'IARKE.T9 3-517900 INCORPORATED Cleveland. Ohio STIFEL, NICOI NUS 3.5562° Birnvugliam Alabama HILLTOP5ECLRITIES 3.562,P 0 Dallas, Texas BERNARDI SECURITIES. INC. 3.5974°0 Chicago, Illinois Bid Tabulation July 24, 2023 City of Maplewood, Minnesota $2,125,000* General Obligation Improvement Bonds, Series 2023A Page 2 MA745-45-888038.v24 A- 3 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 No. R- EXHIBIT B FORM OF BOND UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD GENERAL OBLIGATION IMPROVEMENT BOND SERIES 2023A Date of Interest Rate Maturity Original Issue CUSIP F 1, 20 {August 104, 2023 565557 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 August 1, 2024, 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, draft, or wire 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, 2033, and on any day thereafter to prepay the Bonds due on or after February 1, 2034. 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. This Bond is one of an issue in the original aggregate principal amount of $[PAR] 945 000, 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 July 24, 2023 (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 MA745-45-888038.v-24 13- 1 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 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 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: 12023 CITY OF MAPLEWOOD, MINNESOTA (Facsimile) (Facsimile) MA745-45-888038.v-24 B- 2 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 Mayor City Manager CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION LM 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: TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian kt;ust) k minor) under Uniform Gifts or Transfers to Minors Act, State of 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. MA745-45-888038.v-24 B- 3 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 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.) 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. Date of Registration Registered Owner Cede & Co. Federal ID 413-2555119 Signature of Officer of Registrar MA745-45-888038.v-4 B- 4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 EXHIBIT C TAX LEVY SCHEDULE ........ ......... ...'................. ............................................................................. Mapiewood Minnesota $1,945,000 General Obligation Improvement Bonds, Series 2023A Tax Levy Schedule Tax Tax Band Levy Collect Pay Year Year Year Total P+1 Net New D!5 P & 1 @705% Assessments Net Levy : 2022 2023 2024 - - - 2023 2024 2025 19435750 184357.50 193757539 91324. S 1122500 .9 2024 2025 2026 194,950.00 194,950.00 194,197.50 81,324.48 112,873.02 2025 2026 2027 179,950.00 179,950.00 198,947.50 8132447 107,623.03 2026 2027 2029 194,950.00 184,950.00 194,19750 81324.48 112,973.02 ; 2027 2028 2029 194,450.00 184,450.00 193,672.50 81324AB 112349-02 : 2029 2029 2030 183,700.00 183,700.00 192,885.00 81324.48 11136052 2029 2030 2031 1U-700.00 182,700_00 191,835.00 9024AR 110,51052 -'•030 2031 2032 1SIA50.00 181,450.00 190,52250 81324.47 109,195_03 =031 2032 2033 179.950.00 179,950.00 188,947.50 81324.45 107,623.02 2033 2034 183,200.00 193200.00 192360.00 91324. R 111,03552 2033 2034 2035 152.400.00 132-400.00 191,520.00 81324A8 110,19552 2034 2035 2036 191_400.0 191,400.00 190,470.00 81324A8 109,145.52 2035 2036 2037 190200.00 19020000 199210.00 91324.49 107,99551 2037 2039 183,800.00 ly'm0.00 192,990.00 81324A7 111,66553 _2036 2037 2038 2039 i82,000.00 192,000.00 191,100.00 81324A7 109,77553 Total - 51?39,457.50 S2 739,457.50 $2,876,430.38 $1r19,867.17 $1,656,563.21 Bond Data • Dated Hate a'1oam C all J ate 2l01/2033 EifiseFfl MA745-45-888038.v-4 C- I For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD 1, the undersigned, being the duly qualified City Clerk of the City of Maplewood, Minnesota (the "City'), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on July 24, 2023, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the issuance and sale of the City's General Obligation Improvement Bonds, Series 2023A, in the original aggregate principal amount of $[PAR] 945 000. 2023. WITNESS my hand as such City Clerk and the corporate seal of the City this day of , Andrea Sindt, City Clerk City of Maplewood, Minnesota (SEAL) MA745-45-888038.v-24 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 1 Document comparison by Workshare 10.0 on Monday, July 24, 2023 12.42.36 PM Input: Document 1 ID Powerpocs://DOCSOPEN/888038/2 Description DOCSOPEN-#888038-v2-Maplewood_GO_Imp_2023A_A WARD RESOLUTION Document 2 ID Powerpocs://DOCSOPEN/888038/4 Description DOCSOPEN-#888038-v4-Maplewood_GO_Imp_2023A_A WARD RESOLUTION Rendering set Standard Legend: Style change Format change 4aved ,a of et , , Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 55 Deletions 35 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 90 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 EXTRACT OF MINUTES OF MEETING OF THE COUNCIL OF THE CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota, was held at the City Hall in the City on Monday, July 24, 2023, commencing at 7:00 P.M. The following members of the City Council were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's General Obligation Improvement Bonds, Series 2023A, to be issued in the original aggregate principal amount of $1,945,000. The City Manager presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals are as set forth in EXHIBIT A attached. After due consideration of the proposals, Member then introduced the following resolution and moved its adoption: MA745-45-888038.v4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2023A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $1,945,000; 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 (the "Council") of Maplewood, Ramsey County, Minnesota (the "City"), as follows: Section 1. Sale of Bonds. 1.01 Authority. It is hereby determined that (a) Certain assessable public improvements within the City, including but not limited to the project designated by the City as the Myrtle -Sterling Area Street Improvements (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 2023A (the "Bonds"), in the original aggregate principal amount of $1,945,000, pursuant to the Act, to provide financing for the Improvements. (c) At a duly called and regularly held Council meeting on June 12, 2023, the Council adopted a resolution providing for the issuance and sale of the Bonds (the "Authorizing Resolution"), pursuant to which the Council established a sale date for the Bonds of July 10, 2023. Following adoption of the Authorizing Resolution, City staff, in consultation with its municipal advisor, determined that the sale date for the Bonds should instead occur on July 24, 2023. The Council hereby ratifies such change in sale date from July 10, 2023 to July 24, 2023. (d) 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 TD Securities (USA) LLC, New York, New York (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 $2,094,324.70 (the par amount of $1,945,000.00, plus original issue premium of $178,499.70, less underwriter's discount of $29,175.00), plus accrued interest, if any, to the date of delivery, for Bonds bearing interest as follows: MA745-45-888038.v4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 Year Interest Rate Year Interest Rate 2025 5.000% 2033 5.000% 2026 5.000 2034 4.000 2027 5.000 2035 4.000 2028 5.000 2036 4.000 2029 5.000 2037 4.000 2030 5.000 2038 4.000 2031 5.000 2039 4.000 2032 5.000 True interest cost: 3.3579374% 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 $1,945,000, originally dated the date of delivery (currently anticipated to be August 10, 2023) 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: Year Amount Year Amount 2025 $55,000 2033 $135,000 2026 100,000 2034 145,000 2027 100,000 2035 150,000 2028 110,000 2036 155,000 2029 115,000 2037 160,000 2030 120,000 2038 170,000 2031 125,000 2039 175,000 2032 130,000 1.05. Optional Redemption. The City may elect on February 1, 2033 and on any day thereafter to prepay the Bonds maturing on or after February 1, 2034. 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. MA745-45-888038.v4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 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, draft, or wire 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 August 1, 2024, 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) RRe ister. 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. MA745-45-888038.v4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 (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. 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 ofthe 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, MA745-45-888038.v4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 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 2023A 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, and (iii) all investment earnings on funds in the Debt Service Fund. 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. 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 MA745-45-888038.v4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 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 Pledgee. 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 -Treasurer 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 County Auditor - Treasurer of Ramsey County, Minnesota (the "County Auditor") the amount available in the Debt Service Fund to pay principal 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 MA745-45-888038.v4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 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. 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 subj ect 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. MA745-45-888038.v4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 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 2023 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2023 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 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 CitX. 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 MA745-45-888038.v4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 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 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. CitCompliance 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 MA745-45-888038.v4 10 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 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 or by depositing irrevocably in escrow, with a suitable institution qualified by law as an escrow agent for this purpose, cash or securities which are backed by the full faith and credit of the United States of America, or any other security authorized under Minnesota law for such purpose, bearing interest payable at such times and at such rates and maturing on such dates and in such amounts as shall be required and sufficient, subjectto sale and/or reinvestment in like securities, to pay said obligation(s), which may include any interest payment on such Bond and/or principal amount due thereon at a stated maturity (or if irrevocable provision shall have been made for permitted prior redemption of such principal amount, at such earlier redemption date). 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.) MA745-45-888038.v4 11 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following members voted in favor of the motion: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. MA745-45-888038.v4 12 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 EXHIBIT A PROPOSALS MA745-45-888038.v4 A-1 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 I FREERS BID TABULATION $2,125,000* General Obligation Improvement Bonds, Series 2023A City of Maplewood, Minnesota SALE: July 24, 2023 AWARD: TD SECURITIES (USA) LLC Rating: S&P Global Ratings "AA+" Tax Exempt - Bank- Qualified NET TRUE IfATIM= REOFFERING INTEREST INTEREST NANI OF BIDDER (Febraary 1) RATE. YJIELD PRICE COST RATE TD SECUR=S (M) LLC $2,288.003.95 $694,41230 33511% New Yank, New Ymi 2025 5.0001/6 3-050% 2026 5. 0 W% 3.000% 2027 5.000% 2.850% 2029 5.000% 2.76[v% 2029 5.000% 2.720% 2030 5.000% 2.670% 2031 5000% 2670% 2032 5000% 2670% 2D33 5.000% 1670% 2034 4.000% 1940% 2035 4.000% 1030% 2036 4.000% 3-170% 2037 4.000% 3350% 2039 4.000% 3.490% 2039 4.000% 3.56D% BAIRD 335n% NfilwaAce, BANCROFT CAPITAL, LLC 3AI44% Fort Washington- Pemsyh-ajaia NORTHLAND SECUR=, INC. 3-4761% mmneapoh's.. mmaemta . Subsequent to bid opening the issue size was "creased to $1,945,DDO. Adjusted Price - $2,094,324-70 Adjusted Net Interest Cost - $645,13 2.80 Adjusted TIC - 3.3579% SUILDiNG COMMUNMES. IT'S WHAT WE DO F-7 info, :ehlers-inr.com \Icl I MO) 552.1171 wwwphlers�inc.v3m NIA745-45-888038.v4 A-2 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 _'+ET TRLE MATURITY REOFFERIN(_: INTEREST WTERE.ST _N-JLNIE OF BIDDER (FehruaiT 1) RATE YIELD PI:I�: E COST RATE. FHN FIIi?1'tiC IAL CAPITAL. 3.4W MARKETS l4feuiphis, Iennessee HL-ITL GTON SECCTP,ITIES, R%C 3S064,. Chicago. Illinois ECEYBANC CAPITAL `VL-k KETS 3.517E°L Ilti CORPOP AIED Cleveland- Ohio STIIFEL,' T-COLAL:S 3.5562°' Birxrli ghua A al»a HILLIOPSE:CLR =S 3-5624,. Dalla3. Texas BERNAFCDI SEC.`UF=S, INC. 3.5974% Chicago, Illinois Bid Tabulation July 24, 2023 City of' -Maplewood.. Minnesota S2,125,000* General Obligation improvement Bonds, Series 2023A Page. 2 MA745-45-888038.v4 A-3 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 No. R- EXHIBIT B FORM OF BOND UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD GENERAL OBLIGATION IMPROVEMENT BOND SERIES 2023A Date of Interest Rate Maturity Original Issue CUSIP February 1, 20 August 10, 2023 565557 _ 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 August 1, 2024, 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, draft, or wire 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, 2033, and on any day thereafter to prepay the Bonds due on or after February 1, 2034. 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. This Bond is one of an issue in the original aggregate principal amount of $1,945,000, 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 July 24, 2023 (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 MA745-45-888038.v4 B-1 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 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 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: 12023 CITY OF MAPLEWOOD, MINNESOTA (Facsimile) (Facsimile) Mayor City Manager MA745-45-888038.v4 B-2 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION LOW 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: TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Cust) (Minor) under Uniform Gifts or Transfers to Minors Act, State of 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 MA745-45-888038.v4 B-3 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 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.) 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. Date of Registration Registered Owner Cede & Co. Federal ID 413-2555119 Signature of Officer of Registrar MA745-45-888038.v4 B-4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 EXHIBIT C TAX LEVY SCHEDULE Maplewood, Minnesota $1,945,000 General Obligation Improvement Bonds, Series 2023A Tax Levy Schedule Tax Tax Bond Levy Collect Pay Year Year Year Total P+I Net New DIS P & I Q105% Assessments Net Levy 2022 2023 2024 - - - 2023 2024 2025 194,357.50 194,357.50 193,57539 9UNA8 112)5090 2024 2025 2026 194,950.00 194,950.00 194,197.50 BU24A8 112,973.02 2025 2026 2027 179,950.00 179,950.00 1BU47.50 RUNA7 107,623.03 2026 2027 2029 194,950.00 194950.00 194,19750 81,324A8 112,873.02 2027 2028 2029 194,450.00 194,450.00 193,57250 BU24A8 112,34902 2028 2029 2030 193,700.00 193,700.00 192,995.00 BU24A8 111,56052 2029 2030 2031 152,700.00 182,700.00 191,835.00 SUNAS 110,510.52 2030 2031 2032 191,450.00 191,450.00 190,522.50 SUNA7 109,19903 =031 2032 2033 179,950.00 179,950.00 158,947.50 SUNAS 107,623.02 2033 2034 193,200.00 193,200.00 192,360.00 SUNAS 111,03552 _033 2034 2035 M400.00 181400.00 191,520.00 SUNAS 110,195.52 2034 2035 2036 191,400.00 191400.00 190,470.00 8UNAS 109,14552 2035 2036 2037 180,200.00 190200.00 189,210.00 SU24.49 107,SS551 2036 2037 2039 193,800.00 193;S00.00 192990.00 SU24A7 111,66553 2037 2039 2039 182,000.00 152000.00 191,100.00 SU2.4.47 109,T7553 10mi - $2,739,457SO $2,739,457.SO 52,876,430.38 51._19,867.17 91,656,S6331 Bond Data D ate d D ate Call Date 8,110/2023 2J01i2033 MA745-45-888038.v4 C-1 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 2 STATE OF MINNESOTA ) COUNTY OF RAMSEY ) CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified City Clerk of the City of Maplewood, Minnesota (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on July 24, 2023, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the issuance and sale ofthe City's General Obligation Improvement Bonds, Series 2023A, in the original aggregate principal amount of $1,945,000. WITNESS my hand as such City Clerk and the corporate seal of the City this day of , 2023. Andrea Sindt, City Clerk City of Maplewood, Minnesota (SEAL) MA745-45-888038.v4 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 3 July 24, 2023 SALE DAY REPORT FOR: City of Maplewood, Minnesota $1,945,000 General Obligation Improvement Bonds, Series 2023A rs 9111111111 ►EHLERS PUBLIC FINANCE ADVISORS Prepared by: Bruce Kimmel, Ehlers Senior Municipal Advisor 3060 Centre Pointe Drive Roseville, MN 55113 Jason Aarsvold, Senior Municipal Advisor Dan Tienter, Municipal Advisor BUILDING COMMUNITIES. IT'S WHAT WE DO. For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 3 Competitive Sale Results PURPOSE: For the purposes of financing various assessable public improvements within the City. RATING: S&P Global Ratings "AA+" NUMBER OF BIDS: 10 LOW BIDDER: TD Securities (USA) LLC, New York, New York COMPARISON FROM LOWEST TO HIGHEST BID: (TIC as bid) LOW BID:* 3.3511% HIGH BID: 3.5974% Summary of Sale Results: Principal Amount*: $1,945,000 Underwriter's Discount: $29,175 Reoffering Premium: $178,500 True Interest Cost: 3.3579% Costs of Issuance: $46,380 Yield: 2.67%-3.56% Total Net P&I $2,739,458 NOTES: CLOSING DATE: CITY COUNCIL ACTION: Bond Trust Services Corporation, Roseville, Minnesota will serve as Paying Agent on the Bonds. The Bonds maturing February 1, 2034, and thereafter are callable February 1, 2033, or any date thereafter. *Subsequent to bid opening, the issue size was decreased to $1,945,000.00. August 10, 2023 Adopt a resolution awarding the sale of $1,945,000 General Obligation Improvement Bonds, Series 2023A. SUPPLEMENTARY ATTACHMENTS • Bid Tabulation • Sources and Uses of Funds • Updated Debt Service Schedules • Rating Report • Bond Resolution (Distributed in City Council Packets) Sale Day Report for City of Maplewood, Minnesota 1 For the permanent record: Meeting Date: 7/24/2023 A enda Item 11, Additional Attachment 3 'EHLERS VISORS BID TABULATION $2,125,000* General Obligation Improvement Bonds, Series 2023A City of Maplewood, Minnesota SALE: July 24, 2023 AWARD: TD SECURITIES (USA) LLC Rating: S&P Global Ratings "AA+" Tax Exempt - Bank Qualified NAME OF BIDDER MATURITY (February 1) RATE REOFFERING YIELD PRICE NET INTEREST COST TRUE INTEREST RATE TD SECURITIES (USA) LLC $2,288,003.95 $684,412.30 3.3511% New York, New York 2025 5.000% 3.050% 2026 5.000% 3.000% 2027 5.000% 2.850% 2028 5.000% 2.760% 2029 5.000% 2.720% 2030 5.000% 2.670% 2031 5.000% 2.670% 2032 5.000% 2.670% 2033 5.000% 2.670% 2034 4.000% 2.940% 2035 4.000% 3.030% 2036 4.000% 3.170% 2037 4.000% 3.350% 2038 4.000% 3.490% 2039 4.000% 3.560% BAIRD 3.3573% Milwaukee, Wisconsin BANCROFT CAPITAL, LLC 3.4144% Fort Washington, Pennsylvania NORTHLAND SECURITIES, INC. 3.4761% Minneapolis, Minnesota Subsequent to bid opening the issue size was decreased to $1,945,000. Adjusted Price - $2,094,324.70 Adjusted Net Interest Cost - $645,132.80 Adjusted TIC - 3.3579% BUILDING COMMUNITIES. IT'S WHAT WF DO. V7� info@ehlers-inc.com '�, 1 (800) 552-1171 (Z www.ehiers-inc.com For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 3 NET TRUE MATURITY REOFFERING INTEREST INTEREST NAME OF BIDDER (February 1) RATE YIELD PRICE COST RATE FHN FINANCIAL CAPITAL 3.4989% MARKETS Memphis, Tennessee HUNTINGTON SECURITIES, INC 3.5064% Chicago, Illinois KEYBANC CAPITAL MARKETS 3.5178% INCORPORATED Cleveland, Ohio STIFEL, NICOLAUS 3.5562% Birmingham, Alabama HILLTOPSECURITIES 3.5624% Dallas, Texas BERNARDI SECURITIES, INC. 3.5974% Chicago, Illinois Bid Tabulation July 24, 2023 City of Maplewood, Minnesota $2,125,000* General Obligation Improvement Bonds, Series 2023A Page 2 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 3 Maplewood, Minnesota $1,945,000 General Obligation Improvement Bonds, Series 2023A Sources & Uses Dated 08/10/2023 1 Delivered 08/10/2023 Sources Of Funds Par Amount of Bonds $1,945,000.00 Reoffering Premium 178,499.70 Total Sources Uses Of Funds Total Underwriter's Discount (1.500%) Costs of Issuance Deposit to Project Construction Fund Total Uses Series 2023A GO Imp Bonds I SINGLE PURPOSE 1 7/24/2023 1 10:13 AM $2,123,499.70 29,175.00 46,380.00 2,047,944.70 $2,123,499.70 FREERS PUBLIC FINANCE ADVIS01 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 3 Maplewood, Minnesota $1,945,000 General Obligation Improvement Bonds, Series 2023A Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/10/2023 - - 08/01/2024 - - 85,507.50 85,507.50 - 02/01/2025 55,000.00 5.000% 43,850.00 98,850.00 184,357.50 08/01/2025 - - 42,475.00 42,475.00 - 02/01/2026 100,000.00 5.000% 42,475.00 142,475.00 184,950.00 08/01/2026 - - 39,975.00 39,975.00 - 02/01/2027 100,000.00 5.000% 39,975.00 139,975.00 179,950.00 08/01/2027 - - 37,475.00 37,475.00 - 02/01/2028 110,000.00 5.000% 37,475.00 147,475.00 184,950.00 08/01/2028 - - 34,725.00 34,725.00 02/01/2029 115,000.00 5.000% 34,725.00 149,725.00 184,450.00 08/01/2029 - - 31,850.00 31,850.00 - 02/01/2030 120,000.00 5.000% 31,850.00 151,850.00 183,700.00 08/01/2030 - - 28,850.00 28,850.00 - 02/01/2031 125,000.00 5.000% 28,850.00 153,850.00 182,700.00 08/01/2031 - - 25,725.00 25,725.00 - 02/01/2032 130,000.00 5.000% 25,725.00 155,725.00 181,450.00 08/01/2032 - - 22,475.00 22,475.00 - 02/01/2033 135,000.00 5.000% 22,475.00 157,475.00 179,950.00 08/01/2033 - - 19,100.00 19,100.00 02/01/2034 145,000.00 4.000% 19,100.00 164,100.00 183,200.00 08/01/2034 - - 16,200.00 16,200.00 - 02/01/2035 150,000.00 4.000% 16,200.00 166,200.00 182,400.00 08/01/2035 - - 13,200.00 13,200.00 - 02/01/2036 155,000.00 4.000% 13,200.00 168,200.00 181,400.00 08/01/2036 - - 10,100.00 10,100.00 - 02/01/2037 160,000.00 4.000% 10,100.00 170,100.00 180,200.00 08/01/2037 - - 6,900.00 6,900.00 - 02/01/2038 170,000.00 4.000% 6,900.00 176,900.00 183,800.00 08/01/2038 - - 3,500.00 3,500.00 - 02/01/2039 175,000.00 4.000% 3,500.00 178,500.00 182,000.00 Total $1,945,000.00 $794,457.50 $2,739,457.50 Yield Statistics Bond Year Dollars $18,388.88 Average Life 9.454 Years Average Coupon 4.3203160% Net Interest Cost (NIC) 3.5082777% True Interest Cost (TIC) 3.3579374% Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) IRS Form 8038 3.0348484% 3.6531198% Net Interest Cost Weighted Average Maturity Series 2023A GO Imp Bonds I SINGLE PURPOSE 1 7/24/2023 1 10:13 AM 3.0876487% 9.394 Years Ig'%'EHLERS PUBLIC FINANCE ADVISORS For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 3 Maplewood, Minnesota $1,945,000 General Obligation Improvement Bonds, Series 2023A Tax Levy Schedule Tax Tax Bond Levy Collect Pay Year Year Year Total P+1 Net New D/S P & 1 @105% Assessments Net Levy 2022 2023 2024 - - - - - 2023 2024 2025 184,357.50 184,357.50 193,575.38 81,324.48 112,250.90 2024 2025 2026 184,950.00 184,950.00 194,197.50 81,324.48 112,873.02 2025 2026 2027 179,950.00 179,950.00 188,947.50 81,324.47 107,623.03 2026 2027 2028 184,950.00 184,950.00 194,197.50 81,324.48 112,873.02 2027 2028 2029 184,450.00 184,450.00 193,672.50 81,324.48 112,348.02 2028 2029 2030 183,700.00 183,700.00 192,885.00 81,324.48 111,560.52 2029 2030 2031 182,700.00 182,700.00 191,835.00 81,324.48 110,510.52 2030 2031 2032 181,450.00 181,450.00 190,522.50 81,324.47 109,198.03 2031 2032 2033 179,950.00 179,950.00 188,947.50 81,324.48 107,623.02 2032 2033 2034 183,200.00 183,200.00 192,360.00 81,324.48 111,035.52 2033 2034 2035 182,400.00 182,400.00 191,520.00 81,324.48 110,195.52 2034 2035 2036 181,400.00 181,400.00 190,470.00 81,324.48 109,145.52 2035 2036 2037 180,200.00 180,200.00 189,210.00 81,324.49 107,885.51 2036 2037 2038 183,800.00 183,800.00 192,990.00 81,324.47 111,665.53 2037 2038 2039 182,000.00 182,000.00 191,100.00 81,324.47 109,775.53 Total - $2,739,457.50 $2,739,457.50 $2,876,430.38 $1,219,867.17 $1,656,563.21 Bond Data Dated Date Call Date 8/10/2023 2/01/2033 Series 2023A GO Imp Bonds I SINGLE PURPOSE 1 7/24/2023 1 10:13 AM EHLERS PUBLIC FINANCE ADVISORS For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 3 Summary: Maplewood, Minnesota; General Obligation US$2.125 mil GO imp bnds ser 2023A dtd 08/10/2023 due 02/01/2039 Long Term Rating AA+/Stable New Maplewood GO imp bnds ser 2022A dtd 06/15/2022 due 02/01/2038 Long Term Rating AA+/Stable Affirmed Maplewood GO Long Term Rating AA+/Stable Affirmed Maplewood GO Long Term Rating AA+/Stable Affirmed Maplewood GO Long Term Rating AA+/Stable Affirmed Maplewood GO Long Term Rating AA+/Stable Affirmed Credit Highlights • S&P Global Ratings assigned its 'AA+' long-term rating to Maplewood, Minn.'s $2.125 million series 2023A general obligation (GO) improvement bonds. • At the same time, S&P Global Ratings affirmed its 'AA+' rating on the city's GO debt outstanding. • The outlook is stable. Security The city's full faith and credit pledge and ability to levy unlimited ad valorem property taxes secure the bonds. Officials intend to pay debt service with special assessments levied against benefiting properties and the ad valorem property tax revenues. Bond proceeds will finance the cost of street improvement projects in 2023. Credit overview Maplewood's consistently strong financial performance continued through fiscal 2022 with operationally balanced results after adjusting for a one-time $3 million transfer out. The fiscal 2023 break-even general fund budget includes a 10% wage increase for public safety employees and varying increases for 90% of other city employees, following a salary study. These costs were offset by a levy increase. With the city above its fund balance policy of five months of operating expenditures, it is considering additional spending allocations, up to $1.5 million. The city's largest employer, 3M, announced 1,100 layoffs at its corporate headquarters (8% of staff), but most of these employees either work remotely or live outside of Maplewood, so an economic impact is not expected. Furthermore, we expect the high levels of unassigned fund balance reserves will remain stable and continue to exceed the city's policy. Offsetting factors include our view of Maplewood's debt burden as high relative to its operating budget and underlying economic WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 12, 2023 2 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 3 Summary: Maplewood, Minnesota; General Obligation factors that remain a limiting credit factor. The 'AA+' rating reflects our assessment of the city's: • Central location in the Minneapolis -St. Paul metropolitan statistical area that supports economic stability and residential growth, and the city's two regional transit projects that will connect residents to job centers, housing options, and other key area destinations; • Very strong management policies and practices under our Financial Management Assessment, highlighted by monthly budget -to -actual and investment reporting to the city council, long term financial and capital improvement plans, comprehensive financial policies that are reviewed annually, along with a strong institutional framework score; • Weak debt profile, with one series of privately placed debt outstanding that we note has no nonstandard events of default; and • Contributions to two multiple -employer, defined -benefit pension plans administered by Public Employees' Retirement Association of Minnesota --the pension plans are underfunded (76.7% and 70.5%, as of June 30, 2022), and annual contributions are based on a statutory formula that is not actuarially based, increasing the likelihood of future cost acceleration; however, annual costs remain low compared with the overall budget, and the city has sufficient operational flexibility to adjust for higher costs. Environmental, social, and governance Environmental, social, and governance factors are neutral within our credit analysis. The city's cyber security practices align with those of peers. Outlook The stable outlook reflects our opinion that Maplewood is well positioned to continue to achieve stable and structurally balanced operations based on the city's historical tax base stability and resilience, coupled with our view of its very strong reserves, significant taxing flexibility, and robust policies and strong management. Downside scenario Although unlikely, we could lower the rating if multiple credit measures deteriorated, such as a slowdown in the economy leading to weaker revenue performance and a reduction in reserve balances. Upside scenario We could raise the rating if the city's economic profile improved to levels commensurate with those of higher -rated issuers, or it decreased its overall debt burden materially. Most recent Historical information 2022 2021 2020 Strong economy Projected per capita EBI % of U.S. 110 Market value per capita ($) 131,357 WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 12, 2023 3 For the permanent record: Meeting Date: 7/24/2023 Agenda Item 11, Additional Attachment 3 Summary: Maplewood, Minnesota; General Obligation Maplewood, • • • Most recent Historical information 2022 2021 2020 Population 43,026 42,773 County unemployment rate(%) 2.7 Market value ($000) 5,651,774 5,124,121 4,751,312 Ten largest taxpayers % of taxable value 11.6 Strong budgetary performance Operating fund result % of expenditures 1.7 16.6 15.9 Total governmental fund result % of expenditures Very strong budgetary flexibility 34.6 31.3 0.4 Available reserves % of operating expenditures 62.9 57.7 49.1 Total available reserves ($000) Very strong liquidity 15,246 13,226 10,900 Total government cash % of governmental fund expenditures 156 166 108 Total government cash % of governmental fund debt service 553 601 517 Very strong management Financial Management Assessment Strong Weak debt & long-term liabilities Debt service % of governmental fund expenditures 28.2 27.6 20.9 Net direct debt % of governmental fund revenue 119 Overall net debt % of market value 4.5 Direct debt 10-year amortization (%) 75 Required pension contribution % of governmental fund expenditures 6.0 OPEB actual contribution % of governmental fund expenditures 0.0 Strong institutional framework EBI--Effective buying income. OPEB--Other postemployment benefits. Data points and ratios may reflect analytical adjustments. Related Research • Through The ESG Lens 3.0: The Intersection Of ESG Credit Factors And U.S. Public Finance Credit Factors, March 2, 2022 Certain terms used in this report, particularly certain adjectives used to express our view on rating relevant factors, have specific meanings ascribed to them in our criteria, and should therefore be read in conjunction with such criteria. Please see Ratings Criteria at www.standardandpoors.com for further information. Complete ratings information is available to subscribers of RatingsDirect at www.capitaliq.com. All ratings affected by this rating action can be found on S&P Global Ratings' public website at www.standardandpoors.com. Use the Ratings search box located in the left column. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 12, 2023 4 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 84 of 87 J1 CITY COUNCIL STAFF REPORT Meeting Date July 24, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Brian Bierdeman, Public Safety Director Ron Batty, City Attorney PRESENTER: Brian Bierdeman, Public Safety Director AGENDA ITEM: Repeal of Catalytic Converter Ordinance Action Requested: V Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ✓ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Should the city council repeal its ordinance concerning the sale, purchase or possession of catalytic converters not attached to a motor vehicle following amendment of state law regarding that subject? Recommended Action: Motion to adopt an ordinance repealing section 24-60 of the Maplewood city code pertaining to the sale, purchase or possession of catalytic converters. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: N/A Strategic Plan Relevance: ❑ Community Inclusiveness ❑ Financial & Asset Mgmt ❑ Environmental Stewardship ❑ Integrated Communication ✓ Operational Effectiveness ❑ Targeted Redevelopment Background: In December, 2022 the city council adopted an ordinance regarding the sale, purchase or possession of catalytic converters not attached to a vehicle by persons who could not establish legal ownership of the catalytic converter. The ordinance was aimed at thieves who easily and quickly take catalytic converters from parked cars and sell them on the black market. State law addresses such matters generally but through what was likely a drafting error, the statutory penalties applied only to scrap metal dealers and those in the auto repair or related businesses. The city ordinance was designed to close that gap by making those activities illegal for all persons. Council Packet Page Number 85 of 87 J1 The Minnesota legislature amended state law in the 2023 session and remedied this omission. As a result, the city ordinance is no longer needed and is likely pre-empted by the statute. After repeal, the city will simply rely on state law for enforcement against all persons engaged in illegal activities involving catalytic converters. Attachments: 1. Ordinance Repealing Code Section 24-60. Council Packet Page Number 86 of 87 J 1, Attachment 1 ORDINANCE NO. AN ORDINANCE REPEALING SECTION 24-60 OF THE MAPLEWOOD CITY CODE REGARDING CATALYTIC CONVERTERS THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Repealer. Chapter 24, Article III of the city code is amended as follows: City code section 24-60 is repealed in its entirety. Sec. 24-60 — 24-85. Reserved. Section 2. Effective Date. This Ordinance shall be effective August 1, 2023 following its adoption and publication. Adopted by the City of Maplewood this 24th day of July, 2023. Attest: Andrea Sindt, City Clerk Marylee Abrams, Mayor Council Packet Page Number 87 of 87