HomeMy WebLinkAbout2025-12-08 City Council Meeting Packet
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, December 8, 2025
City Hall, Council Chambers
Meeting No. 23-25
Pursuant to Minn. Stat. 13D.02, one or more councilmembers may be participating remotely
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF AGENDA
E. APPROVAL OF MINUTES
1. November 24, 2025 City Council Workshop Minutes
2. November 24, 2025 City Council Meeting Minutes
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
2. Council Presentations
3. Resolution Accepting Donation from Beaver Lake Lutheran Church
4. Resolution Accepting Donation from Calvary Church
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. 2026 City Council Meeting Calendar
3. On-Sale Intoxicating Liquor and Sunday Sales License for J Pot MN Inc., dba J Pot
Korean BBQ & Hot Pot, 1845 County Road D East, Suite 100
4. Resolution Approving Annual Liquor License Renewals for 2026
5. Fee Schedule 2026 Ordinance
a. Ordinance Establishing 2026 Fee Schedule
b. Resolution Authorizing Publication of the Ordinance by Title and Summary
(4 votes)
6. Regions EMS Field Experience Agreement
7. Conditional Use Permit Review, Oberon Apartments, 1160 Frost Avenue East
8. Electrical Inspection Services Agreement with Cowles Inspections, Inc
9. Resolution Authorizing a Cooperative Construction Agreement with the State of
Minnesota Department of Transportation and Ramsey County for Trunk Highway 61
and County Road B Improvements, City Project 25-06
10. Ordinance Amendment Regarding Biennial Adjustment of Salaries of the Mayor and
Members of the City Council
11. Resolution Amending Mission Square Retirement Health Savings (RHS) Plans
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.
1. Truth in Taxation
a. Public Hearing (General City Levy and EDA Levy)
b. Resolution Adopting the Budget and Financial Policies for 2026 and the
Capital Improvement Plan for 2026-2030
c. Resolution Adopting the EDA Budget for 2026
d. Resolution Certifying Property Taxes Payable in 2026
e. Resolution Certifying EDA Property Taxes Payable in 2026
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Horizon Real Estate, 1790 Gervais Court East
a. Conditional Use Permit Resolution
b. Setback Variance Resolution
2. Conditional Use Permit Resolution, Residential Accessory Structure, 2744 Clarence
Street North
3. Collective Bargaining Agreements
a. AFSCME (2026-2028)
b. IAFF Fire Fighters (2026-2028)
c. IAFF Fire Captains (2026-2028)
d. LELS Local 173 Police Sergeants (2026-2027)
e. MSA (2026-2028)
f. LELS Local 541 Police Lieutenants (2026-2027)
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.
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MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
6:00 P.M. Monday, November 24, 2025
City Hall, Council Chambers
A.CALL TO ORDER
A meeting of the City Council was heldin the City Hall Council Chambers and was called to
order at6:30 p.m.by Mayor Abrams.
B.ROLL CALL
Marylee Abrams, MayorPresent
Rebecca Cave, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Chonburi Lee, CouncilmemberPresent
Nikki Villavicencio, CouncilmemberPresent – attended remotely via Zoom
C.APPROVAL OF AGENDA
CouncilmemberCavemoved toapprove the agenda assubmitted.
Seconded by CouncilmemberLeeAyes – All, via roll call
The motion passed.
D.UNFINISHED BUSINESS
None
E.NEW BUSINESS
1.Local Option Sales Tax – University of Minnesota Analysis
City Manager Sable gave the presentation and answered council’s questions. Comments and
opinions were shared by council.
No Action Required.
F.ADJOURNMENT
Mayor Abramsadjourned the meetingat7:08 p.m.
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, November 24, 2025
City Hall, Council Chambers
Meeting No. 22-25
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambersand was
called to order at7:14 p.m.byMayor Abrams.
th
Mayor Abrams enjoyed the celebration of Gladstone’s 50Golden Jubilee Dinner and
Dance, and she thanked Gladstone for all the services they provide as a hub of the
community.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Marylee Abrams, MayorPresent
Rebecca Cave, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Chonburi Lee, CouncilmemberPresent
Nikki Villavicencio, CouncilmemberPresent – attended remotely via Zoom
D.APPROVAL OF AGENDA
City Manager Sable requested items F3 and J3 a-d to be removed from the agenda.
The following items were added to the agenda under Council Presentation:
Get Gritty
Hmong New Year
Unison Restaurant and Banquet Hall
CouncilmemberCavemoved to approve the agenda as amended.
Seconded by CouncilmemberJuenemannAyes – All, via roll call
The motion passed.
E.APPROVAL OF MINUTES
1.November10, 2025 City Council WorkshopMinutes
Councilmember Juenemannmoved to approve the November10, 2025 City Council
WorkshopMinutes as submitted.
Seconded by CouncilmemberLeeAyes – All, via roll call
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The motion passed.
2.November 10, 2025 City Council MeetingMinutes
Councilmember Leemoved to approve the November10, 2025 City Council Meeting
Minutes as submitted.
Seconded by Councilmember JuenemannAyes – All, via roll call
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Administrative Presentations
a.Council Calendar Update
City ManagerSablegave an update to the council calendarand reviewed other topics of
concern or interestrequested by councilmembers.
2.Council Presentations
Get Gritty
Mayor Abrams announced the GetGritty program,a partnership between Ramsey
Washington Metro Watershed District, Rice Creek Watershed District, Coon Creek
Watershed Districtand Vadnais Lake Area WaterManagementOrganizationto help
save lakes. Rather than using de-icing salt, get afreebag of chicken gritfrom November
25 to January 16 at Frattallone’s locations.
Hmong New Year
CouncilmemberLee invited everyone to attend the Hmong New Year celebration atthe
Saint PaulRiverCentreon November 29and 30.
Unison Restaurant and BanquetHall
Councilmember Lee shared Unison Restaurant and BanquetHall willbe offering afree
Thanksgiving lunchon November 27 at 11a.m.
3.Resolution ofAppreciation for Sue Vento
This item wasremoved fromagenda.
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.
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CouncilmemberCave moved toapprove agenda items G1-G7.
Seconded by CouncilmemberJuenemannAyes – All, via roll call
The motion passed.
1.Approval of Claims
CouncilmemberCavemoved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 399,259.10 Checks # 124577 thru # 124611
dated 11/11/25
$ 426,768.29 Checks # 124612 thru # 124636
dated 11/18/25
$ 449,638.64 Disbursements via debits to checking account
dated 11/03/25 thru 11/17/25
$ 1,275,666.03 Total Accounts Payable
PAYROLL
$ 796,106.03 Payroll Checks and Direct Deposits dated 11/07/25
$ 796,106.03 Total Payroll
$ 2,071,772.06 GRAND TOTAL
Seconded by Councilmember JuenemannAyes – All, via roll call
The motion passed.
2.Approval of Budgeted Transfers
CouncilmemberCavemoved to approve the list of transfers dated November 24, 2025,
and authorize the Finance Director to make the necessary accounting entries.
Seconded by Councilmember Juenemann Ayes – All, via roll call
The motion passed.
3.Audit Engagement Agreement with BerganKDV
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CouncilmemberCavemoved toapprove the audit engagement agreement with
BerganKDV for the 2025 financial audit.
Seconded by CouncilmemberJuenemannAyes – All, via roll call
The motion passed.
4.Purchase of Four Marked Squads and One Unmarked Squad
CouncilmemberCavemoved to approve thepurchase of five new police vehicles.
Seconded by Councilmember JuenemannAyes – All, via roll call
The motion passed.
5.Harvest Park Native Seed Garden Amendment to Memorandum of
Understanding
Councilmember Cavemoved to approve the Fifth Amendment to the MOU, between
Urban Roots MN and the City of Maplewood, for the Harvest Park Native Seed Garden,
and direct the Mayor and City Manager to sign the Fifth Amendment. Minor revisions as
approved by the City Attorney are authorized as needed.
Seconded by Councilmember JuenemannAyes – All, via roll call
The motion passed.
6.2026 SCORE Funding Grant Application
CouncilmemberCavemoved toapprove the2026 SCORE Grant Application.
Seconded by Councilmember JuenemannAyes – All, via roll call
The motion passed.
7.Resolution for Reduction of Retainage on Existing Contract, 2024 EAB
Mitigation Project, City Project 23-17
Councilmember Cavemoved toapprove the resolution for reduction of retainage on
existing construction contract for the 2024 EAB Mitigation Project, City Project 23-17.
Resolution 25-11-2446
REDUCTION OF RETAINAGE ON EXISTING CONTRACT
2024 EABMITIGATION PROJECT, CITY PROJECT 23-17
WHEREAS, the City Council of Maplewood, Minnesota, has ordered
ImprovementProject 23-17, 2024 EAB Mitigation Project, and has let a contract
pursuant to Minnesota Statutes;and
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WHEREAS, the Contractor, Treestory Inc., has completed the majority of the
project contract work, with only ongoing tree maintenance in 2026 and 2027remaining.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Maplewood,
Minnesota:
1.A reduction in retainage on the contract is hereby authorized, at the discretion of the
City Engineer, from 5% to 0%.
Seconded by Councilmember JuenemannAyes – All, via roll call
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
1.Budget Presentation – Information Technology, Public Works and
Community DevelopmentDepartments
Information Technology Director Fowlds, Public Works Director Love and Community
Development Director Parr gave their respective presentations and received comments
from the council.
No action required.
J.NEW BUSINESS
1.Church of Pentecost, 1701 Gervais Avenue East
a.Conditional Use Permit Resolution
b.Design Review Resolution
c.Wetland Buffer and Parking Setback Variance Resolution
Community Development Director Parr gave the presentation. Joseph Oppong, Church
of Pentecost, Patrick Wozniak, LSE Architects, and Joseph Rief, Civil Site Group,
addressed the council, answered questions of council and provided further information.
Councilmember Cavemoved to approve a conditional use permit resolution for a
religious facility at 1701 Gervais Avenue East, subject to certain conditions of approval.
Resolution 25-11-2447
CONDITIONAL USE PERMITRESOLUTION
BE ITRESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
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1.01The Church of Pentecost has requested a Conditional Use Permit for a religious
facility on the property at 1701 Gervais Avenue East.
1.02The property located at 1701 Gervais Avenue East is legally described as:
The South Half of the West Half of Lot 3, E.G. Roger’s Garden Lots, Ramsey
County, Minnesota, according to the recorded plat thereof. Except: The East
30.00 feet and the North 180.00 feet thereof.
PIN: 102922140047
Section 2. Standards.
2.01 General Conditional Use Permit Standards. The City Ordinance states that the
City Council must base approval of a Conditional Use Permit on the following
nine standards for approval.
1.The use would be located, designed, maintained, constructed, and operated
to be in conformity with the City’s Comprehensive Plan and Code of
Ordinances.
2.The use would not change the existing or planned character of the
surrounding area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5.The use would not exceed the design standards of any affected street.
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.
3.01The proposal meets the specific Conditional Use Permit standards.
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Section 4. City Review Process
4.01The City conducted the following review when considering this conditional use
permit request.
1.On October 21, 2025, 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 allowed everyone to
speak and present written statements at the hearing. The Planning
Commission recommended that the City Council approve this resolution.
2.On November 24, 2025, the City Council discussed this resolution. They
considered reports and recommendations from the planning commission and
City staff.
Section 5.City Council
5.01The City Council herebyapprovesthe resolution. Approval is based on the
findings outlined in section 3 of this resolution. Approval is subject to the
following conditions:
1.All ground-mounted and roof-mounted mechanical equipment and trash
receptacles shall be screened according to the ordinance.
2.All construction shall follow the approved plans. The director of community
development may approve minor changes.
3.The proposed construction must be substantially started within one year of
council approval, or the permit shall become null and void.
4.The city council shall review this permit in one year.
5.The applicant shall meet the conditions outlined in the design review
resolution.
Seconded by Councilmember Villavicencio Ayes – All, via roll call
The motion passed.
Councilmember Cavemoved to approve a design review resolution for a building
addition and parking lot expansion at 1701 Gervais Avenue East, subject to certain
conditions of approval.
Resolution 25-11-2448
DESIGN REVIEWRESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
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1.01The Church of Pentecost has requested design review approval to construct a
building and parking lot addition on the property at 1701 Gervais Avenue East.
1.02The property located at 1701 Gervais Avenue East is legally described as:
The South Half of the West Half of Lot 3, E.G. Roger’s Garden Lots, Ramsey
County, Minnesota, according to the recorded plat thereof. Except: The East
30.00 feet and the North 180.00 feet thereof.
PIN: 102922140047
Section 2. Site and Building Plan Standards and Findings.
2.01 City ordinance requires that the community design review board make the
following findings to approve plans:
1.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.
2.02The community design review board reviewed this request on October 21, 2025,
and voted to approveit.
2.03The proposal meets the specific findings for design review approval.
Section 3. City Council Action.
3.01On November 24, 2025, the city council discussed this resolution. They
considered reports and recommendations from the community design review
board and City staff.
3.02The above-described site and design plans are herebyapprovedbased 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. Approval is subject to the applicant doing the following:
1.If the city has not issued a building permit for this project, repeat this review in
two years.
2.All fire marshal and building official requirements must be met.
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3.Satisfy the requirements in the engineering review by Jon Jarosch, dated
September 9, 2025.
4.Satisfy the requirements in the environmental review by Shann Finwall, dated
November 11, 2025.
5.The applicant shall obtain all required permits from the Ramsey-Washington
Metro Watershed District.
6.The applicant shall install a stop sign at the property exits on Gervais Avenue
and Flandrau Avenue.
7.Per city ordinance standards, all mechanical equipment and trash receptacles
shall be screened from the view of all nearby residential properties or
adjacent public streets. The location and type of screening must meet city
ordinance requirements.
8. Any signage on the property is subject to review by the city and requires a
separate permit for signs. All site signage must meet the city’s sign code.
9.The applicant shall install and maintain a landscaped and screened area not
less than 20 feet in width along the north property line. Screening may be
satisfied with landscaping or a combination of landscaping and a screening
fence per ordinance requirements.
10.The applicant shall install and maintain a landscaped area on the east side of
the property between the edge of the parking lot and within the city right-of-
way along Flandrau Street. The applicant must work with the city engineering
staff to obtain a ROW permit. The applicant shall ensure that the trees are at
least six feet in height at the time of planting. The planting screen shall
consist of evergreen plantings. Trees shall be a minimum of 2½ inches in
trunk diameter, two feet above grade. Shrubs may be used in combination
with a berm and shall be a minimum of two feet in height. Spacing of trees
and shrubs shall be designed to create an 80-percent opaque screening at
least six feet in height.
11.Before 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.An updated tree and landscape plan.
12.The applicant shall complete the following before occupying the building:
a.Replace any property irons that were removed because of this
construction.
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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.Install all required outdoor lighting.
e.Install all required sidewalks and trails.
13.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.
14.All work shall follow the approved plans. The director of community
development may approve minor changes.
Seconded by Councilmember Lee Ayes – All, via roll call
The motion passed.
Councilmember Leemoved to approve a wetland buffer and parking setback variance
resolution for a building addition and parking lot expansion to be constructed at 1701
Gervais Avenue East.
Resolution 25-11-2449
WETLAND BUFFER AND PARKING SETBACK VARIANCERESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01The Church of Pentecost has requested a wetland buffer and parking setback
variance to construct a building addition and parking lot expansion on the
property at 1701 Gervais Avenue East.
1.02The property located at 1701 Gervais Avenue East is legally described as:
The South Half of the West Half of Lot 3, E.G. Roger’s Garden Lots, Ramsey
County, Minnesota, according to the recorded plat thereof. Except: The East
30.00 feet and the North 180.00 feet thereof.
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PIN: 102922140047
1.03The site has a Manage B wetland on the northwest portion of the property, which
requires a 75-foot buffer. The project will involve grading up to the wetland edge
for the installation of a stormwater discharge pipe and encroachment into the
buffer in other areas for an infiltration basin and a portion of the parking lot. The
project will require a 75-foot wetland buffervariance.
1.04The existing parking lot for the church, located along the east side of the
property, encroaches between two and five feet into the 15-foot required setback
along Flandrau Street. The parking lot will be repaved and expanded on the
south side of the building addition and the north side of the existing building. The
parking area along the northeast side of the site is proposed to be five feet from
the east property line, requiring a 10-foot parking setback variance.
Section 2. Standards.
2.01 City Ordinance Section 18-221 (d) (1) requires a minimum buffer width of 75 feet
around a Manage B wetland and Section 18-221 (h) (1) provides procedures for
granting a variance to the wetland buffer requirements.
1.Before the city council acts on a wetland ordinance variance, the
Environmental and Natural Resources Commission and the Planning
Commission will make a recommendation to the city council. The city shall
hold a public hearing for the variance. The city shall notify property owners
within 500 feet of the property for which the variance is being requested at
least ten days before the hearing.
2.The city may require the applicant to mitigate any wetland, stream, or buffer
alteration impacts with the approval of a variance, including, but not limited to,
implementing one or more of the strategies listed in subsection 18-221(e)(4)
(mitigation).
3.To approve a variance, the city council shall apply the findings for variance
approval as required in Minnesota Statutes.
4.The applicant for a variance shall submit, with the variance application and
any other required materials, a statement showing how the proposal would
meet the findings for variance approval.
2.02 City Ordinance Section 44-20 (c) (5) requires the developer of any project, other
than single or double dwellings, to construct parking lots with a minimum setback
of 15 feet from a street right of way, and Section 44-13 provides that the city may
grant variances to the requirements of the zoning ordinance. All variances must
follow the criteria provided in Minnesota State Statutes.
1.The variance is in harmony with the general purposes and intent of the
ordinance.
2.The variance is consistent with the comprehensive plan.
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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; (3) the proposal
will not alter the essential character of the locality.
Section 3. Findings.
3.01The proposal meets the wetland and zoning ordinance variance standards.
1.The proposal is in harmony with the purpose and intent of city ordinance
standards.
2.The proposal is consistent with the intent of the comprehensive plan.
3.The request is reasonable. The proposed improvements within the wetland
buffer enhance stormwater management and will be mitigated by removing
invasive plants and adding native seeds and plugs to the remaining wetland
buffer areas. The project will requirethe installation and maintenance of
landscaping between the parking area and the adjacent residential properties
to the east, providing a visual screen that currently does not exist.
4.The existing conditions on this property are unique and not caused by the
property owner. The site has significant grade changes and a narrow lot size,
which limits site development in other areas. The water runoff in the area is
currently untreated beforebeing discharged into the wetland. The proposal
improves water quality and existing site conditions.
5.The expanded parking area will not alter the essential character of the
neighborhood. The proposal will closely match the existing setback along the
Flandrau property line, not encroaching further into the setback.
Section 4. City Review Process
4.01The City conducted the following review when considering the wetland buffer and
parking setback variance requests.
1.On October 21, 2025, 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 allowed everyone to
speak and present written statements at the hearing. The Planning
Commission recommended that the City Council approve this resolution.
2.On November 12, 2025, the Environmental and Natural Resources
Commission held a public meeting to discuss the proposal. The
Environmental and Natural Resources Commission recommended that the
City Council approvethis resolution.
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3.On November 24, 2025, the City Council discussed this resolution. They
considered reports and recommendations from the planning commission and
City staff.
Section 5.City Council
5.01The City Council hereby approvesthe resolution. Approval is based on the
findings outlined in section 3 of this resolution. Approval is subject to the
following conditions:
1.All construction shall follow the approved plans. The director of community
development may approve minor changes.
2.The applicant shall meet the conditions outlined in the design review
resolution.
Seconded by Councilmember Cave Ayes – All, via roll call
The motion passed.
2.MCC Expenditure Request
Assistant City Manager Darrow gave the staff report.
CouncilmemberLeemoved toapprove the City Manager to approve up to $160,000 in
design work, safety improvements and coordination expenses related to the MCC from
December 1, 2025, to May 31, 2026.
Seconded by Councilmember JuenemannAyes – All, via roll call
The motion passed.
3.Collective Bargaining Agreements
a.AFSCME (2026-2028)
b.IAFF Fire Fighters (2026-2028)
c.IAFF Fire Captains (2026-2028)
d.LELS Local 173 Police Sergeants (2026-2027)
This item was removed from the agenda.
K.AWARD OF BIDS
None
L.ADJOURNMENT
Mayor Abramsadjourned the meeting at8:32 p.m.
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Council Packet Page Number 14 of 498
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CITY COUNCIL STAFF REPORT
Meeting Date
December 8, 2025
REPORT TO: City Council
REPORT FROM: Michael Sable, City Manage
r
PRESENTER: Michael Sable, City Manager
AGENDA ITEM: Council Calendar Update
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution Ordinance Contract/AgreementProclamation
Summary:
This item is informational and intended to provide the Council a forecast of upcoming agenda items and
the Work Session schedule. These are not official announcements of the meetings, but a look at the
upcoming meetings for the City Council to plan their calendars.
Recommended Action:
No motion needed. This is an informational item.
Upcoming Agenda Items and Work Sessions Schedule:
January 12: Council Meeting: 2026 City Council Appointments to Boards, Commissions and
Misc Groups; 2026 Legislative Program
January 26: Work Session: Oak Wilt
February 9: Work Session: Charitable Gambling Policy Review; Street Improvement
Assessment Rates
February 23: Work Session: Climate Mitigation Plan
Council Comments:
Comments regarding Workshops, Council Meetings or other topics of concern or interest.
1.Charitable Gambling Policy (February 2026)
Community Events and Notifications:
Rice Larpenteur Winter Warm Up, Saturday, December 13, 1 Î 3 PM
Santa Parade, Saturday, December 20, 9 AM Î 1 PM
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Maplewood Living Schedule:
Author Due Date Edition
Abrams December 15 January 2026
Juenemann January 16 February 2026
Cave February 17 March 2026
Lee March 16 April 2026
Villavicencio April 17 May 2026
All assignments are subject to change based on election filings.
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CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Brian Bierdeman, Public Safety Director
PRESENTER:Brian Bierdeman, Public Safety Director
AGENDA ITEM: Resolution Accepting Donation from Beaver Lake Lutheran Church
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Summary:
City Council approval is required for the Maplewood Public Safety Department to accept donations
of gift cards totaling $1,700.00.
Recommended Action:
Motion to approve the resolution accepting the donation from Beaver Lake Lutheran Church.
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:
Safety
Sustainability
Development Strengthen human connection and community growth
N/A
Background:
Beaver Lake Lutheran Church has made a generous donation of gift cards to be distributed by
Maplewood Public Safety employees to families in need during the upcoming holiday season. The
total value of this donation is $1,700.00.
Attachments:
1.Resolution Accepting a Donation to the Maplewood Public Safety Department
Council Packet Page Number 17 of 498
F3, Attachment 1
RESOLUTION
ACCEPTING A DONATION TO THE MAPLEWOOD PUBLIC SAFETY DEPARTMENT
WHEREAS, Beaver Lake Lutheran Church has presented to the Maplewood Public Safety
Department a donation in the amount of $1,700.00; and
WHEREAS, this donation is intended for the purpose of Public Safety employees to
distribute gift cards to families in need this holiday season; and
WHEREAS, the Maplewood City Council is appreciative of the donation and commends
Beaver Lake Lutheran Church for their civic efforts,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood,
Minnesota, that:
1.The donation is accepted and acknowledged with gratitude; and
2.The donation will be appropriated for the Public Safety Department as designated.
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Approved by the Maplewood City Council this 8 day of December, 2025.
Council Packet Page Number 18 of 498
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CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Brian Bierdeman, Public Safety Director
PRESENTER:Brian Bierdeman, Public Safety Director
AGENDA ITEM: Resolution Accepting Donation from Calvary Church
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Summary:
City Council approval is required for the Maplewood Public Safety Department to accept donations
of gift cards totaling $5,000.00.
Recommended Action:
Motion to approve the resolution accepting the donation from Calvary Church.
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:
Safety
Sustainability
Development Strengthen human connection and community growth
N/A
Background:
Calvary Church has made a generous donation of 100 $50 gift cards to be distributed by
Maplewood Public Safety employees to families in need during the upcoming holiday season. The
total value of this donation is $5,000.00.
Attachments:
1.Resolution Accepting a Donation to the Maplewood Public Safety Department
Council Packet Page Number 19 of 498
F4, Attachment 1
RESOLUTION
ACCEPTING A DONATION TO THE MAPLEWOOD PUBLIC SAFETY DEPARTMENT
WHEREAS, Calvary Church has presented to the Maplewood Public Safety Department
a donation in the amount of $5,000.00; and
WHEREAS, this donation is intended for the purpose of Public Safety employees to
distribute $50 gift cards to families in need this holiday season; and
WHEREAS, the Maplewood City Council is appreciative of the donation and commends
Calvary Church for their civicefforts,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood,
Minnesota, that:
1.The donation is accepted and acknowledged with gratitude; and
2.The donation will be appropriated for the Public Safety Department as designated.
th
Approved by the Maplewood City Council this 8 day of December, 2025.
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CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Andrea Sindt, City Clerk
PRESENTER: Andrea Sindt, City Clerk
AGENDA ITEM: 2026 City Council Meeting Calendar
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Summary:
Approval of a city council meeting calendar at the beginning of each year helps City Council, staff,
applicants and residents plan for the upcoming year. Additionally, per Minn. Stat. 13D.04, a
schedule of regular meetings of a public body is to be kept on file at its primary office. The City
Council reserves the right to cancel or add meetings provided all notice requirements are met.
Recommended Action:
Motion to approve the 2026 city council meeting calendar with meetings on the second and fourth
Mondays with the exceptions of moving the May 25 meeting to May 26 and cancelling the
December 28 meeting.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
SafetyFocus Area:
Sustainability Focus Area:
Development Focus Area:
Background:
City Council meetings are held at 7pm on the second and fourth Mondays of the month. Typically, a
City Council Manager Workshop precedes each meeting, starting no earlier than 5pm.
After reviewing the 2026 calendar, one observed holiday coincides with a meeting date: May 25,
Memorial Day. Therefore, the proposed meeting schedule changes include holding the second May
meeting on Tuesday, May 26, and in keeping with past practice, cancelling the December 28 meeting.
Attachments:
1.2026 Calendar
Council Packet Page Number 33 of 498
G2, Attachment 1
2026 Maplewood City Council
Meeting Calendar
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Council Packet Page Number 34 of 498
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CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Andrea Sindt, City Clerk
PRESENTER:Andrea Sindt, City Clerk
AGENDA ITEM: On-Sale Intoxicating Liquor and Sunday Sales License for J Pot MN Inc.,
dba J Pot Korean BBQ & Hot Pot, 1845 County Road D East, Suite 100
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Summary:
In accordance with City Code Chapter 6 (Alcoholic Beverages), an application for an On-Sale
Intoxicating Liquor and Sunday Sales license was submitted by Zhong Zi Zheng to be used at J Pot
Korean BBQ & Hot Pot, located at 1845 County Road D East, Suite 100. Since 2024 this applicant
has successfully held an on-sale wine license and is wishing to upgrade to intoxicating liquor.
Recommended Action:
Motion to approve the On-Sale Intoxicating Liquor and Sunday Sales license for J Pot MN Inc., dba
J Pot Korean BBQ & Hot Pot, located at 1845 County Road D East, Suite 100.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Safety
Sustainability
Development
Background:
Owner and manager Zhong Zheng has operated under an on-sale wine license, which includes
strong beer and Sunday sales, at this location without incident. He is now wishing to offer
intoxicating liquor choices to his customers.
Attachments:
None
Council Packet Page Number 35 of 498
G4
CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Andrea Sindt, City Clerk
Christine Evans, Deputy City Clerk
PRESENTER: Andrea Sindt, City Clerk
AGENDA ITEM: Resolution Approving Annual Liquor License Renewals for 2026
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Summary:
City issued liquor licenses are due to expire December 31, 2025. City Council approval is required prior to
issuance of a new license, valid January 1, 2026 through December 31, 2026.
Recommended Action:
Motion to approve the resolution for 2026 annual liquor license renewals for Off-Sale, On-Sale, Club On-
Sale, and On-Sale Wine.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Safety
Sustainability
Development
Background:
The licensees in the attached Resolution have been notified of the renewal requirement due on or before
December 31, 2025 and are eligible to renew their licenses, contingent upon the receipt of their completed
license renewal documentation and required fees. City Code and State Statute require City Council
approval prior to the issuance of Off-Sale, On-Sale, Club On-Sale, and Wine licenses.
Attachments:
1.Resolution for the 2026 Liquor License Renewals
Council Packet Page Number 36 of 498
G4, Attachment 1
RESOLUTION
2026 LIQUOR LICENSE RENEWALS
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY,
MINNESOTA, that the following Off-Sale, On-Sale, Club On-Sale, and Wine Liquor licenses, having been
previously duly issued by this city council, are hereby approved for renewal for one year, effective January
1, 2026, with approvals granted herein subject to satisfactory receipt of renewal documentation with fees
submitted and subject to such terms and conditions as previously agreed to or imposed by the city council
pursuant to city code section 6-130:
Off-Sale 3.2 Beer Licenses
Cub Foods #1611 Hy-Vee Fast & Fresh Express
100 County Road B West 2521 White Bear Avenue North
Cub Foods #1599 Maplewood Holiday #3519
2390 White Bear Avenue North 1285 Cope Avenue East
Holiday Stationstore #480 Speedway #4022
1535 Beam Avenue North 1750 White Bear Avenue North
Hy-Vee Speedway #4089
2501 White Bear Avenue North 11 Century Avenue South
Off-Sale Intoxicating Liquor Licenses
61 Liquors Hy-Vee Wine & Spirits
2700 Maplewood Drive North 2515 White Bear Avenue North, Suite A17 & A18
Maplewood Liquor
Big Discount Liquor
2520 White Bear Avenue North 2950 White Bear Avenue North, Suite 2
Costco Wholesale #1021 Party Time Liquor
1431 Beam Avenue East 1835 Larpenteur Avenue East
Cub Discount Liquor Rice Street Liquors
100 County Road B West 1700 Rice Street North Unit P
Happy Hours Sarrack’s International Wine & Spirits
2227 White Bear Avenue North 2305 Stillwater Road East
Heritage Liquor TD Liquor
1347 Frost Avenue East 2728 Stillwater Road East
Hillside Liquor
1690 McKnight Road North, Suite B
On-Sale 3.2 Beer Licenses
Asia Fusion Kitchen Taste of India
1700 Rice Street North, Suite G 1745 Cope Avenue East
Groceries & Nepali Kitchen Zen Ramen
1700 Rice Street North, Suite J 3000 White Bear Avenue North, Suite 2
Council Packet Page Number 37 of 498
G4, Attachment 1
On-Sale Intoxicating Liquor Licenses
5-8 Tavern & Grill McCarron’s Pub and Grill
2289 Minnehaha Avenue East 1986 Rice Street North
Acapulco Mexican Restaurant Mr Taco
3069 White Bear Avenue North 2645 White Bear Avenue E, Unit 3
Bleechers Bar & Grill Myth Live
2220 White Bear Avenue North 3090 Southlawn Drive North
Buffalo Wild Wings #118 Olive Garden Italian Restaurant #1200
3085 White Bear Avenue North 1749 Beam Avenue East
Chili’s Grill & Bar Osaka Sushi & Hibachi
1800 Beam Avenue East 1900 County Road D East, Suite 140
Crooked Pint Ale House Outback Steakhouse #2412
1734 Adolphus Street North 1770 Beam Avenue East
Eurest Dining Services Red Lobster Restaurant #0283
2350 Minnehaha Avenue East, Building 278 2925 White Bear Avenue North
Goodrich Golf Course The Dog House Bar & Grill
1820 North Van Dyke North 2029 Woodlynn Avenue East
Johnny Kitchen & Bar The Taco Shop Maplewood
1900 County Road D East, Suite 135 1275 County Road D East, Suite 105
J Pot Korean BBQ & Hot Pot
Tokyo Sushi – All You Can Eat
1845 County Road D East, Suite 100
1935 Beam Avenue East, Suite 103
Lancer Food & Beverage
Unison Restaurant & Banquet
2166 Maplewood Drive North
1800 White Bear Avenue North, Suite A & B
On-Sale Wine/Strong Beer Licenses
Asia Fusion Kitchen Taste of India
1700 Rice Street North, Suite G 1745 Cope Avenue East
Groceries & Nepali Kitchen
Zen Ramen
1700 Rice Street North, Suite J
3000 White Bear Avenue North, Suite 2
Club On-Sale Licenses
Maplewood Moose Lodge
1832 Gervais Court East
Adopted by the Maplewood City Council on December 8, 2025
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FEE SCHEDULE
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G6
CITY COUNCILSTAFF REPORT
Meeting Date December 8, 2025
REPORT TO:MichaelSable, City Manager
REPORT FROM: Michael Mondor, Fire/EMS Chief
PRESENTER:Michael Mondor, Fire/EMS Chief
AGENDA ITEM: Regions EMS Field Experience Agreement
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
The fire department would like to continue a partnership with Regions Hospital EMS as a clinical
internship site for students preparing for and/or engaging in emergency medical services careers.
Recommended Action:
Motion to approve the Regions EMS Field Experience Agreement.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
SafetyEnsure public safety and effective emergency response
Sustainability
Development
Background:
The fire department serves as a clinical internship for several education institutions. Regions Hospital
EMS has recently established a Paramedic Program and both parties desire to utilize Maplewood
Fire/EMS as a clinical internship site.
This partnership will allow Regions EMS to place emergency medical services students with
Maplewood Fire/EMS preceptors which allows students to obtain necessary field experience to
successfully enter the career field.
Attachments:
1.Regions EMS Field Experience Agreement
Council Packet Page Number 63 of 498
G6, Attachment 1
EMS CLINICAL EXPERIENCE AGREEMENT
IS EMS CLINICAL EXPERIENCE AGREEMENT (“Agreement”) is by and between the City
TH
of Maplewood, Minnesota, a municipal corporation under the laws of the State of Minnesota,
hereinafter referred to as “City,” and Regions Hospital, a Minnesota nonprofit corporation through
its Regions Emergency Medical Services Program (“Regions EMS”). City and Regions EMS may
individually be referred to as a “Party” or collectively as the “Parties.” This Agreement is
effective the later of January 1, 2026 or the date of execution by the Parties (“Effective Date”).
RECITALS
WHEREAS, City and Regions EMS share the common goals of education, patient care,
and community service in connection with emergency medical services (“EMS”); and
WHEREAS, City operates the Maplewood Fire Department which, in turn, operates its
Paramedics/EMS operations division - an all hazard response agency comprised of firefighters,
paramedics, EMTs, public educators, support staff and maintenance personnel; and
WHEREAS, Regions EMS seeks to enhance its own Emergency Medical Services
(EMS)/Paramedic education program by obtaining ride along training experiences for its students;
and
WHEREAS, Regions EMS desires that City make training ride along rotations available
to students, and City is willing to do so, in furtherance of the Parties common goal of providing
responsive and high-quality EMS-related services to the Maplewood area; and
NOW THEREFORE, in consideration of the mutual covenants and promises set forth
below, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
CLE 1
ARTI
Clinical Experiences
1.1 City and Regions EMS will collaborate to provide a learning atmosphere for students by
affording them the opportunity to observe City staff perform their duties at Maplewood
Fire Department Station(s) and through ambulance service ride-alongs.
1.2 While the City is not responsible for directly teaching or training students, the Regions
EMS and City may enter into a Program Letter of Agreement (“PLA”) to facilitate and
implement the clinical experience ride along rotations under this Agreement (each a “Ride
Along” or “Ride Along Rotation”). A copy of a template PLA is attached hereto as
Exhibit A.
1.3 For general questions and notices regarding this Agreement, contactinformation is as
follows:
Council Packet Page Number 64 of 498
G6, Attachment 1
Regions Hospital:
Regions Hospital
Attn: EMS Director
640 Jackson St.
St Paul, MN 55101
City
Maplewood Fire Department
Attn:Fire/EMS Chief
___________________
___________________
ARTICLE 2
Responsibilities of the Parties
2.1 Regions EMS Responsibilities. Regions EMS will assume overall responsibility for the
general educational experience of students. Such responsibility includes, but is not limited
to, the following:
2.1.1 Determining the goals and objectives for each student;
2.1.2 Establishing prerequisite criteria for placement of students with City;
2.1.3 Determining completion of the assignment;
2.1.4 Providing information regarding dates for instruction and forecasts of the numbers
of students to be assigned to City; and
2.1.5 Providing final evaluation of the students’ performance.
2.2 City’s Responsibilities. Citystaff will serve as supervisors for the Ride Alongsand will
provide the students with the opportunity to observe Citystaff perform their duties and
experience what it is like to be a member of the City’s staff.City staffwill provide the
students with the opportunity to observe all aspects of an emergency medical services call,
including the observation of direct patient care. Cityretains the sole responsibility for
patient care at all times, and is not responsible for training, teaching, or permitting students
to assist in direct patient care services provided to Citypatients.
2.3 For each Ride Along Rotation, the Partieswill identify a person or personsfrom Regions
EMS who is responsible for serving as a liaison to City, and City will identify a person or
persons responsible for serving as a liaison to Regions EMS. The liaisons will jointly plan
the selection, assignment, and orientation of the students; and periodic review and
preparation of objectives for the Ride Alongs.
Council Packet Page Number 65 of 498
G6, Attachment 1
2.4 Professional Behavior. Regions EMS and City are committed to fostering a professional
learning environment and through their respective liaisons, will see that appropriate canons
of professional behavior are maintained in all Ride Alongs.
2.5 Pol
icies, Procedures and Orientation. During Ride Alongs, all students will adhere to and
perform their assigned duties in accordance with the applicable policies, procedures, and
clinical practices (collectively “Policies”) of Regions EMS and City. Regions EMS will
use all reasonable efforts to ensure the students comply with the Policies and will not allow
any student to participate in a Ride Along if the student fails or refuses to comply with the
Policies. Suspensions or terminations of the participation of a student shall be governed by
Article 3. The Parties will provide each other current copies of their respective Policies
applicable to the Ride Alongs. Each Party will inform the other Party whenever the
informing Party’s Policies are revised. City will orient the students to City’s Policies that
relate to the Ride Alongs.
2.6 Privacy. City and Regions EMS will comply with the Title 45, Section 160-164 of the Code
of Federal Regulations, as amended (“HIPAA”). Both Partiesagree that when protected
health information (“PHI”), as defined by HIPAA, is provided or made available to the
other Party for any purpose, the receiving Party, and its employees, agents or
representatives will not use or disclose the PHI other than as permitted or required by this
Agreement or state and federal law. Both Parties will take reasonable steps to prevent
unauthorized disclosures by its employees, officers, directors, agents, contractors or
consultants.
2.7 Required Immunizations. Each student who will observe patient care or interact with staff
in patient areas as part of their Ride Along, will be required by Regions EMS to obtain and,
upon request, provide proof of immunization for measles (rubeola), mumps and rubella or
positive titre; chicken pox (varicella), positive history, or positive titre; hepatitis B series
or documented immunity; annual influenza vaccination; evidence of annual Mantoux test
or a statement from a provider stating that the student does not have active tuberculosis
(TB); and proof of other immunizations or vaccinations required by City. Notwithstanding
the foregoing, when there is a shortage of a vaccine, students will be required by Regions
EMS to comply once vaccine supply levels allow for vaccination; provided, however, that
the students will be allowed to participate in the Ride Along only after receiving the
necessary vaccination once supply levels allow for vaccination.
2.8 Background Investigation. Each student who will have direct contact with patients as part
of their Ride Along will be required by Regions EMS to undergo and, upon request, provide
documentation of, criminal/maltreatment background investigation pursuant to Minn. Stat.
§§ 144.057 and 245A.04 as a pre-requisite to participation in a Ride Along Rotation.
2.9 Privacy and Blood-Borne Pathogen Instruction. Regions EMScertifies that the students
have been instructed on the confidentiality of medical and personal information related to
patients and/or clients, including HIPAA, and, where applicable, have been trained in
universal precautions and transmission of blood-borne pathogens prior to beginning the
Ride Along Rotation.
Council Packet Page Number 66 of 498
G6, Attachment 1
2.10 Care and Welfare of Patients. City is responsible for the care and welfare of its patients
and/or clients. It is understood that individual patient care and client services at Cityare
not controlled, supervised, or paid for by Regions EMS, and Regions EMS does not derive
revenue from City’s patients, clients or third-Party payers for services provided by City’s
ambulance/EMS services.
2.11 Medical Care for students. City shall provide the same emergency medical care to students
that Cityprovides for its employees in the event of an accident or sudden illness involving
a student that occurs during a Ride Along.
2.12 I
nsurance. Regions EMS shall provide or require each student to carry hospitalization and
medical insurance covering the student. Cityis not responsible for hospitalization or
medical costs incurred by students during any Ride Along. City is not responsible for
payment of workers’ compensation insurance benefits for the students or for any costs or
expenditures incurred by Regions EMS in the conduct of the educational programs
referenced inthis Agreement, except as expressly provided in this Agreement (or
subsequent PLAs, which are considered part of this Agreement upon written approval,
signed by each Party to this Agreement).
2.13 Review of Agreement. The Parties will review this Agreementperiodically to evaluate its
overall operations and effectiveness. The Parties agree that such review for the
effectiveness of this Agreement will include annual feedback by each Party to the other
regarding the quality of the experiences of the students with respect to the Ride Alongs.
The persons responsible for effectuating the annual evaluations will be the Assistant Chief
of EMS for the City, and the Directorof Regions EMS.
ARTICLE 3
Suspension or Termination of students
Regions EMS has the authority to suspend or terminate its students for academic deficiencies or
violations of Policies subject to certain procedures afforded to the students. If, however, a student’s
behavior, performance or conduct threatens the safety or welfare of the patients, visitors, or staff
of City, the City may suspend or terminate the student’s participation in the Ride Along Rotation.
City will consult Regions EMS before suspending or terminating a student, except where
consultation is not reasonably possible under the circumstances.
ARTICLE 4
Term and Termination
This Agreement begin on the Effective Date andcontinue for a period of one year, at which time
the Agreement will automatically renew for additional one-year terms unless and until terminated
as provided herein. Either Partymay terminate this Agreementat any time, for any reason or no
reason at all, upon 90 days’ written notice. The Parties may terminate this Agreement at any time
upon mutual agreement.
ARTICLE 5
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Insurance and Indemnification
5.1 Insurance.
5.1.1 Regions EMS Insurance. Regions EMSshall provide and maintain professional and
general liability insurance or a program of self-insurance for the same each in the
minimum amounts of $1,000,000 for each claim and $3,000,000 annual aggregate,
and those policies and/or self-insurance programs shall include within the scope of
its coverage all negligent acts and omissions and willful misconduct of the students
related to the students’ performance of their duties during a Ride Along. Upon
request, Regions EMS shall provide City proof of such insurance or self-insurance
programs evidencing such coverages, and shall notify City immediately upon the
cancellation, revocation, suspension, or other alteration to such insurance or self-
insurance program.
5.1.2 City Insurance. City’s liability shall be governed by the provisions of the Municipal
Tort Claims Act, Minnesota Statutes, Chapter 466, now in force or hereafter
adopted and other applicable law. City shall provide and maintain professional and
general liability insurance (or comparable coverage under a program of self-
insurance) in an amount not less than the tort limits specified in the Municipal Tort
Claims Act, which shall include within the scope of its coverage all negligent acts
and omissions and willful misconduct under this Agreement. Upon request, City
shall provide Regions EMS proof of such insurance evidencing such coverages,
and shall notify Regions EMS immediately upon the cancellation, revocation,
suspension, or other alteration to such insurance.
5.2 Liability. The Parties acknowledge that each Party will be liable for its own acts in
connection with this Agreement.
5.3 Survival. The provisions of this Article 5 shall survive the termination of this Agreement
with respect to any claim, action, or proceeding relating to actions or omissions alleged to
have occurred during the term of the Agreement.
CLE 6
ARTI
Miscellaneous Provisions
6.1 Relationship of Parties. Each Party shall be independent contractors and not agents or
employees of the other Party. Regions EMS shall be solely responsible for the payment of
any compensation to the students participating in a Ride Along. Neither Party shall be
responsible for payment of any compensation or benefits, including, but not limited to,
worker's compensation, disability or other similar benefits, unemployment or other similar
insurance or for withholding income or other similar taxes or social security for any student
or employeeof the other Party. If any student of Regions EMSis found to be an “employee”
of City within the meaning of the Minnesota Worker’s Compensation law, the student shall
be deemed to be employee of Regions EMS and not City, and Regions EMSshall defend,
hold harmless and indemnify City from any and all liability arising under such law.
Likewise, if any City employeeparticipating in a Ride Alongis found to be an “employee”
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of Regions EMS within the meaning of the Minnesota Worker’s Compensation law, the
City employee shall be deemed to be an employee of City and not Regions EMS
6.2 Access to Records. City shall allow Regions EMS to access and review all medical records
related to the medical care rendered by the students during a Ride Alongfor the purpose of
evaluating the Regions EMS’ educational programs, subject to compliance with the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13.
6.3 Assignment. Unless otherwise expressly provided in this Agreement, neither Party hereto
may assign its rights or delegate its duties under this Agreementwithout the prior written
consent of the other Party, such consent shall not be unreasonably withheld or delayed.
Any assignment of rights or delegation of duties by any Partyhereto in violation of the
provisions of this Section shall be void.
6.4 Choice of Law. This Agreement and the performance hereof shall be governed by and
construed in accordance with the laws of the State of Minnesota, without regard to its
conflict of laws provisions.
6.5 Non-Discrimination. All of the Parties hereto agree not to discriminate against individuals
because of sex, religion, age, national origin, political affiliation, marital status, physical
handicap or any other reason prohibited by state or federal anti-discrimination law, and to
abide by all federal, state and local laws relating to non-discrimination.
6.6 Severability. The provisions of this Agreement shall be considered as severable, so that
the invalidity or unenforceability of any provisions will not affect the validity or
enforceability of the remaining provisions; provided that no such severability shall be
effective if it materially changes the economic benefit of this Agreement to either Party.
6.7 Waiver. The failure of either Party to require the performance of any item or obligation
of this Agreement, or the waiver by either Partyof any breach of this Agreement shall not
act as a bar to subsequent enforcement of such term or obligation or be deemed a waiver
of any subsequent breach.
6.8 No Inference. This Agreement is being entered into among competent and experienced
business persons and the terms and provisions of this Agreement shall be construed fairly
as to the Parties hereto and not in favor of or against either Party, regardless of which Party
was generally responsible for the preparation of this Agreement.
6.9 Modification of Agreement. Amendments to this Agreementmay be developed to
facilitate day-to-day and year-to-year execution of the goals of this Agreement. Each
amendment shall be in writing and duly executed by the Parties to this Agreement.
Notwithstanding, the Parties agree that Exhibit A (or any other subsequent
exhibits/attachmentsagreed upon by the Parties) may be revised from time to time by
mutual agreement of the Parties without the need for a formal amendment to this
Agreement, with such revisions to be evidenced by attaching a revised and dated exhibit
to this Agreement.
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6.10 Signatures and Counterparts. This Agreementmay be executed by any form of signature
allowed by law and in any number of counterparts and any Party hereto may execute any
such counterpart, each of which, when executed and delivered, shall for all purposes be
deemed to be an original, and all such counterparts shall together constitute the same
instrument.
6.11 Entire Agreement. This Agreementand its schedules and attachments, as amended, is the
entire agreement between the Parties with regard to the subject matter thereof and
supersedes any and all prior oral and written agreements, communications, representations,
negotiations and understandings by and between the Parties hereto relating to the subject
matter hereof. The schedules and attachments attached hereto are incorporated herein to
the same extent as if set forth in full herein.
IN WITNESS WHEREOF, the Parties hereby acknowledge that they have read this
agreement and agree to all terms and conditions stated herein.
\[SIGNATURE PAGE TO FOLLOW\]
REGIONS HOSPITAL CITY OF MAPLEWOOD
By: By:
Date:Date:
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EXHIBIT A
Template Program Letter of Agreement
- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Program Letter of Agreement for EMS Educational Programming
\[Date\]
\[ADDRESS\]
Re:Program Letter of Agreement for Regions EMS students
Dear :
The purpose of this PLA is to provide program-specific details governing the ride along
training experiences of Regions EMS’s students participating in and EMS educational program
with City pursuant to the Agreement. EMS Supervisor(s) of City, identified in Attachment A, are
responsible for providing students with the opportunity to observe Citystaff perform their duties
and experience what it is like to be a member of the City’s staff. The EMS Supervisors will provide
the students with the opportunity to observe all aspects of an emergency medical services call,
including the observation of direct patient care. The official of City with overall administrative
responsibility for the students is the ________. Educational goals and objectives for the students
are provided in Attachment B. Citywill identify and provide the Program with current copies of
any policies and procedures at City that apply to the experience of the students. Approximately
one (1) student(s) will be assigned to City for each rotation The rotation periods are set forth on
Attachment C. Liability insurance is provided for the students by Regions EMS as set forth in the
Agreement. Attachments A through C to this PLA may be updated without executing a new PLA.
This PLA may be terminated by either Partyupon at least ninety (90) days prior written notice to
the other Party. This PLA is subject to the Agreement and any terms that conflict with the
Agreement shall be void. The undersigned authorized representatives of the Partieshereto execute
this PLA as follows:
REGIONS HOSPITAL CITY OFMAPLEWOOD
By: By:
Date:Date:
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ATTACHMENT A TO PROGRAM LETTER OF AGREEMENT
EMS Supervisors of City
EMSSupervisors
Name
1 Determined byMichael Mondor Fire/EMS Chief
2
3
4
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ATTACHMENT B TO PROGRAM LETTER OF AGREEMENT
ucational goals and objectives for the students
Ed
1.Organize and perform patient assessment according to the presenting complaint. Assessment
skills must include evaluation of scene safety, pertinent observation of the environment, patient
mental status, complete medical history, and initial, focused, detailed, and ongoing physical
examination.
2.Assess and manage patient complaints and conditions in all age groups.
3.Evaluate, secure, and maintain a patent airway, and provide ventilation, and oxygenation
utilizing basic and advanced modalities.
4.Prepare, administer, and record medication administration by all approved routes.
5.Perform one-person and two-person cardiopulmonary resuscitation.
6.Record and accurately interpret electrocardiograms in the context of patient needs.
7.Operate a cardiac monitor/defibrillator under appropriate conditions.
8.Adapt personal communication styles to the needs of patients, family, bystanders, and other
emergency responders.
9.Respond appropriately to communication from physicians and peers.
10.Demonstrate appropriate responses and participation as a team member.
11.Successfully serve as team leader during simulated patient encounters.
12.Effectively demonstrate the implementation of crew resource management.
13.Demonstrate competent scene choreography in simulated patient encounters.
14.Complete accurate, well-organized written reports of all patient encounters.
15.Communicate patient presentation, assessment, intervention, and response effectively in
person, over the radio, and in writing.
16.Respond to the physical and emotional needs of patients when planning and providing care.
17.Accept constructive feedback from preceptor and use the information to improve patient
assessment and management skills.
18.Display behavior that is consistent with a professional health care provider.
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ATTACHMENT C TO PROGRAM LETTER OF AGREEMENT
ation Periods
Rot
To be determined and mutually agreed upon.
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G7
CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Michael Martin, AICP, Assistant Community Development Director
PRESENTER:Danette Parr, Community Development Director
AGENDA ITEM: Conditional Use Permit Review, Oberon Apartments, 1160 Frost Avenue
East
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Summary:
The conditional use permit (CUP) for Roers Companies’ Oberon Apartments project at 1160 Frost
Avenue East is due for review.
Recommended Action:
Motion to approve the CUP review for Roers Companies’ Oberon Apartments project at 1160 Frost
Avenue East and review only if a problem arises or a significant change is proposed.
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:
Safety
Sustainability
Development Promote residential development and thoughtful redevelopment
City ordinance requires conditional use permits to be reviewed by the council within one year of
initial approval unless such review is waived by council decision. At the one-year review, the council
may specify an indefinite or specific term for subsequent reviews, not to exceed five years. This
residential redevelopment project required a conditional use permit.
Background:
On December 12, 2022, the city approved project plans for a new five-story, 150-unit market-rate
residential development. The approved apartment building features a unit mix of studio, one-
bedroom, one-bedroom plus den, two-bedroom, and three-bedroom apartments. All units have
either a concrete patio or a recessed deck.
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Construction and overall site work iscomplete. Staff has no concernsregarding the project. Staff
recommends reviewing this CUP again only if a problem arises or a significant change is proposed.
Reference Information
Site Description
Site Size: 5 Acres
Surrounding Land Uses
North: Frost Avenue and Flicek Park
South: Vacant Land and Gladstone Savanna
East: Gladstone Savanna
West: Single Dwelling Residential Homes
Planning
Existing Land Use: High–Density Residential
Existing Zoning: (R3) Multiple–Dwelling Residential
Attachments:
1.Overview Map
2.Site Plan and Elevation Perspectives
3.City Council Meeting Minutes dated December 12, 2022
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GAttachment 1
11361160 Frost Avenue EastOverview Map
August 24, 2022
City of Maplewood
Legend
!
I
0475
Feet
Source: City of Maplewood, Ramsey County
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G8
CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Danette Parr, Community Development Director
PRESENTER:Danette Parr, Community Development Director
AGENDA ITEM: Electrical Inspection Services Agreement with Cowles Inspections, Inc
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Summary:
The City of Maplewood currently uses Tokle Inspections for electrical inspections as needed. Due
to a retirement and change in business name, the City must enter into a new electrical inspections
agreement with Cowles Inspections, Inc for work after January 1, 2026.
Recommended Action:
Motion to approve the Electrical Inspection Services Agreement with Cowles Inspections, Inc.
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: The fees for service are funded by
electrical permit fees paid by customers.
Strategic Plan Relevance:
Safety
Sustainability
Development Promote residential development and thoughtful redevelopment
An important aspect of new construction or renovation involves timely electrical inspections.
Background:
The City of Maplewood has an existing professional service agreement with Tokle Inspections to
conduct electrical inspections as needed. We have been notified that the owner, Pete Tokle, will be
retiring in January 2026 and transferring ongoing inspections to Chris Cowles. Over the last three
years, Mr. Cowles has conducted the majority of our electrical inspections while working for Tokle
Inspections. With Mr. Cowles taking over the business and assuming a new business name, the
City must enter into a new electrical inspection services agreement with Cowles Inspections, Inc.
City staff look forward to maintaining continuity of service for our customers.
Attachments:
1.Electrical Inspection Services Agreement
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ELECTRICAL INSPECTION SERVICES AGREEMENT
THIS INSPECTION SERVICES AGREEMENT (the “Agreement”) is made and entered
into this _____ day of December, 2025, by and between the city of Maplewood, a Minnesota
municipal corporation (the “City”) and Cowles Inspections, Inc., a corporation under the laws of
Minnesota (the “Inspector”).
WITNESSETH:
WHEREAS, the City’s current contract for electrical inspections will terminate soon and
the City is interested in contracting with the Inspector for the performance of electrical inspections
services (“Services”) for new permits within Maplewood; and
WHEREAS, the Inspector is agreeable to rendering services on the terms and conditions
hereinafter set forth; and
WHEREAS, the parties hereto agree to general terms as follows and to the specific terms
as set forth in the attached exhibit; and
NOW, THEREFORE, in consideration of the mutual covenants and undertakings
hereinafter stated, the parties to this Agreement agree that the Inspector shall be retained to
provide assigned electrical inspections, to verify compliance with applicable electrical codes and
ordinances in a manner established by the City’s designated building official, as follows:
1.SCOPE OF SERVICES.
The Services shall begin for electrical permits issued after December 31, 2025. There is
no guarantee of a certain number of hours of work under this Agreement. All projects and
tasks will be assigned to the Inspector as determined necessary by the City Building
Official or the Community Development Director or their designee. The Inspector is
authorized to perform the assigned Services on behalf of the City, provided such Services
are in accordance with terms of this Agreement. All professional Services provided by the
Inspector under this Agreement shall be provided in a manner consistent with the level of
care and skill ordinarily exercised in Ramsey County, Minnesota by other inspectors
providing similar services. The Services include the following:
1.01. Perform electrical inspections, both plan reviews and on-site inspections, assigned
by the City for compliance with the current version of the State Electrical Code and
related laws, rules and city ordinances.
1.02. Perform inspections on the day requested, except as approved by the City.
1.03. Be available by telephone during established hours, as determined by the City, to
receive calls related to electrical code requirements, electrical inspection
procedures and other electrical inspection matters. It is understood that the normal
hours are generally from 8:00 a.m. to 4:30 p.m., Monday through Friday.
1.04. Write correction notices and perform follow-up inspections as needed to obtain
compliance.
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1.05. Follow inspection procedures and processes established by the City.
1.06. Retain all pertinent records and copies of permits and correspondence related to
each permit and make them available to the City upon request.
1.07. Provide the City with a monthly report summarizing permit activity.
2. CITY’S RESPONSIBILITIES.
2.01. Issue Permits.
2.02. Receive inspection requests.
2.03. Provide inspection requests to the Inspector.
2.04. Provide inspection approval stickers and correction notices.
2.05. Maintain permit and inspection records.
2.06. Pay the Inspector for completed permits.
3. TERM OF AGREEMENT.
The term of this Agreement, and the period during which the Services shall be provided,
shall be from January 1, 2026 to December 31, 2028. This Agreement shall automatically
extend for subsequent three-year periods unless either party gives written notice to the
other party at least 90 days prior to expiration that it does not wish to extend the
Agreement. Either party may terminate this Agreement at any time, for any reason, upon
45 days’ advance written notice to the other party. The City may terminate this Agreement
immediately upon a finding that the Services are not being performed in a professional
manner or upon a finding that the Inspector has failed to complete tasks consistent with
direction from the City and this Agreement. Upon termination, the Inspector shall be paid
by the City for all services rendered by the Inspector as of the date of the termination for
which the Inspector has not yet been compensated.
4. COMPENSATION.
The City shall pay the Inspector 80 percent of the permit fees collected by the City. The
applicable permit fees shall be those provided in the most recent City fee schedule, which
schedule may be updated from time to time at the City’s discretion. The Inspector shall
invoice the City every 30 days on a day to be determined by the City. The invoice shall
include a report that describes the permit inspections performed during the monthly time
period and must include the following statement dated and signed by the Inspector: “I
declare under penalty of perjury that this account, claim or demand is just and correct and
that no part of it has been paid.” The City shall not be required to pay for any services
furnished by the Inspector not specifically provided for in this Agreement. The City shall
remit payment to the Inspector within 35 days of receiving an invoice submitted in
accordance with this Agreement.
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5. INDEPENDENT CONTRACTOR.
5.01. Both the Inspector and the City acknowledge and agree that the Inspector and its
agents and employees are independent contractors and not employees of the City.
The Inspector understands that the City will not provide the Inspector with benefits of
any type in connection with this Agreement, including but not limited to, health or
medical insurance, workers’ compensation insurance and unemployment, nor will the
City withhold any state or federal taxes, including income or payroll taxes, which taxes
are payable by the Inspector.
5.02. The Inspector shall supply at its own expense its own equipment, supplies,
vehicles and tools necessary to complete the Services and the Inspector’s
obligations under this Agreement.
5.03. The Inspector acknowledges that any general instruction it receives from the City
has no effect on its status as an independent contractor.
5.04. The Inspector acknowledges that the daily administration of the Inspector’s
Services rendered to the City shall be under the sole direction of the Building
Official. The degree of Services to be rendered, the standard of performance, and
other matters relating to regulations and policies shall be under joint control of the
City and the Inspector, subject to the terms of this Agreement and all applicable
law. Headquarters for the Services rendered to the City under this Agreement
shall be located at City offices.
6. LICENSE AND INSURANCE.
6.01. The Inspector shall maintain commercial general liability insurance with a limit of
not less than $1,000,000 each occurrence and $2,000,000 aggregate. The
general liability insurance shall include coverage insuring the Inspector against
claims for bodily injury, death, or property damage arising out of the Inspector’s
general business activities (including automobile use). Upon request of the City,
the Inspector shall provide the City with certificates of insurance, showing evidence
of the required coverage and listing the City as an additional insured.
6.02. The Inspector shall maintain automobile liability insurance with a limit of not less
than two-hundred and fifty thousand dollars ($250,000.00) per each accident. The
insurance shall cover liability arising out of any auto, including owned, hired and
non-owned autos.
6.03. The Inspector shall maintain, at its own expense, statutory workers’ compensation
insurance coverage, if required by law.
6.04. The Inspector shall maintain, at its own expense, errors and omissions insurance
with a limit of not less than $1,000,000 each occurrence and $2,000,000
aggregate.
6.05. A certificate of insurance acceptable to the City shall be filed by the Inspector with
the City prior to commencement of the Services pursuant to this Agreement. The
certificate and the required insurance policies shall contain a provision that the
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coverage afforded under the insurance contract will not be canceled or allowed to
expire until at least 30 days prior written notice has been given to the City.
6.06. The Inspector shall be responsible for maintenance of any required and
appropriate certification and continuing education necessary to retain the title of
an Inspector under the laws of Minnesota. The Inspector shall be responsible for
supplying any and all technical manuals and reference materials needed to
perform its Services.
7. INDEMNIFICATION.
The Inspector agrees that it will defend, indemnify, and hold harmless the City, its officers
and employees, against any and all liabilities, loss, costs, damages and expenses, which
the City, its officers and employees may hereinafter sustain, incur, or be required to pay,
arising out of the Inspector’s performance or failure to adequately perform its obligations
pursuant to this Agreement. Such indemnity shall extend to include those acts or
omissions caused by the Inspector’s employees, agents, and assigns which may give rise
to liability for the City. The Inspector shall not be required to hold harmless, indemnify, or
defend the City with respect to claims brought by third parties that arise due to the failure
of the City to enforce its code provisions in situations where the Inspector has notified the
City of the code violation in writing or for claims arising primarily from the claimed
negligence of the City.
8. FILES AND RECORDS.
All completed files and all original copies of correspondence, inspection reports, plans and
other matters connected with the Inspector’s services under this Agreement shall be
stored at the City offices and shall become the property of the City. The Inspector may
keep copies of these documents for its own records, if desired. The City may use the
documents for any reason it deems appropriate without being liable to the Inspector.
9. ASSIGNMENT.
The Inspector may not assign this Agreement or procure the services of another individual
or company to provide Services under this Agreement without first obtaining the express
written consent of the City. Nothing herein shall prohibit the Inspector from assigning the
tasks required hereunder to its employees.
10. ENTIRE AGREEMENT; AMENDMENTS.
This Agreement shall constitute the entire agreement between the City and the Inspector
and supersedes any other written or oral agreements between the City and the Inspector.
This Agreement can only be modified in writing signed by the City and the Inspector.
11. APPLICABLE LAW.
This Agreement shall be governed by and construed in accordance with the laws of
Minnesota. Any disputes, controversies, or claims arising under this Agreement shall be
heard in the state or federal courts of Minnesota and the parties waive any objections to
jurisdiction.
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12. CONFIDENTIALITY/DATA PRACTICES.
All data collected, created, stored, maintained or disseminated under this Agreement shall
be administered in accordance with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13. The Inspector will immediately report to the City any
requests from third parties for information relating to this Agreement. The Inspector
agrees to promptly respond to inquiries from the City concerning data requests.
13. NO WAIVER BY CITY.
Nothing herein shall be deemed a waiver by the City of the immunities and limitations on
liability set forth in Minnesota Statutes, Chapter 466.
14. SEVERABILITY.
Should any part or portion of this Agreement be deemed illegal or non-binding by a court
of law, the remainder of the Agreement shall remain in effect.
15. COMPLIANCE.
The Inspector agrees to comply with all applicable local, state and federal laws, rules and
regulations in the performance of its Services under this Agreement.
16. RELATIONSHIP BETWEEN THE PARTIES.
It is agreed that nothing herein contained is intended or should be construed in any manner
as creating or establishing the relationship of copartners or a joint venture between the
City and the Inspector or as constituting the Inspector’s employees as the agents,
representatives or employees of the City for any purpose in any manner whatsoever.
17. WAIVER OF BREACH.
Any waiver by either party of a breach of any provision of this Agreement shall not affect
the validity of the remainder of this Agreement or the ability of either party to enforce a
subsequent breach.
18. NOTICES.
Any notice to be given by either party to the other under this Agreement shall be deemed
properly given if delivered personal; if mailed by United States registered or certified mail,
return receipt requested, postage prepaid; or if given to a recognized and reputable courier
for delivery and addressed as follows:
To the City: City of Maplewood
1830 County Road B E
Maplewood, MN 55109-2702
Attn: City Manager
To the Inspector: Cowles Inspections, Inc.
th
535 NE 36 Avenue
Minneapolis, MN 55418
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Attn: Chris Cowles
or to such other address or individual as either party may inform the other party of by
notice in accordance with the above.
19. COUNTERPARTS,
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original and one document.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written
above.
COWLES INSPECTIONS, INC.
By:
Chris Cowles
Its:
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CITY OF MAPLEWOOD
By:
Marylee Abrams, Mayor
By:
Michael Sable, City Manager
This Instrument Drafted By:
KENNEDY & GRAVEN, CHARTERED (RHB)
150 South Fifth Street
Suite 700
Minneapolis, MN 55402
(612) 337-9300
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CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Steven Love, Public Works Director
PRESENTER:Steven Love, Public Works Director
AGENDA ITEM: Resolution Authorizing a Cooperative Construction Agreement with the
State of Minnesota Department of Transportation and Ramsey County for
Trunk Highway 61 and County Road B Improvements, City Project 25-06
Action Requested:MotionDiscussionPublic Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Summary:
The Minnesota Department of Transportation (MnDOT) is leading a project to upgrade the
intersection of Trunk Highway 61 (TH 61) and County Road B. As part of this project a Cooperative
Construction Agreement is needed between MnDOT, Ramsey County and the City of Maplewood.
This agreement establishes the roles and responsibilities of each agency related to the construction
and long-term maintenance of the proposed improvements.
Recommended Action:
Motion to approve the resolution authorizing a Cooperative Construction Agreement for
improvements to the intersection of Trunk Highway 61 and County Road B and direct the Mayor
and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are
authorized as needed.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: MnDOT and Ramsey County will be
covering the cost related to the construction of the proposed improvements.
Strategic Plan Relevance:
SafetyMaintain and enhance infrastructure and environmental systems
Sustainability
Development
The proposed improvements include updating the existing traffic signal system, ADA improvements,
and constructing a new sidewalk segment.
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Background:
MnDOT is leading an improvement project at the intersection of TH 61 and County Road B. The
project includes the replacement of the existing traffic signal, ADA improvements, and the addition
of a sidewalk along the north side of County Road B between TH 61 and Maplewood Drive.
The proposed Cooperative Construction Agreement is between MnDOT, Ramsey County, and the
City of Maplewood. The agreement establishes the roles and responsibilities of each agency.
Construction costs are proposed to be covered by MnDOT and Ramsey County. Maplewood does
not have a share of the construction cost.
The City will be responsible for minor maintenance and winter maintenance activities for the trail
and sidewalk that are adjacent to County Road B. If the trail and sidewalk need to be fully replaced
in the future, this would be a responsibility of Ramsey County. This is generally how sidewalks and
trails along County roads are managed.
The City Attorney has reviewed the attached Cooperative Construction for the TH 61 and County
Road B improvements, City Project 23-14. Staff recommends approving the attached Cooperative
Construction Agreement between MnDOT, Ramsey County, and the City of Maplewood.
Attachments:
1.Resolution
2.Cooperative Construction Agreement
3.Project Location Map
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ResolutionAuthorizing a Cooperative Construction Agreement for Improvements to the
Intersection of Trunk Highway 61 and County Road B
IT IS RESOLVED that the City of Maplewood enter into MnDOT Agreement 1058794 with the
State of Minnesota, Department of Transportation for the following purposes:
To provide for routine maintenance by the City upon, along and adjacent to Trunk
Highway 61, the limits of which are defined in said Agreement.
IT IS FURTHER RESOLVED that the Mayor and City Manager are authorized to execute the
Agreement and any amendments to the Agreement.
Council Packet Page Number 102 of 498
G9, Attachment 2
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
AND
RAMSEY COUNTY
AND
CITY OF MAPLEWOOD
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number: 6222-191 County Estimated Amount Receivable
Trunk Highway Number: 61=001 $288,569.41
State Aid Project Number: 062-625-047
County Project Number: P8126
City Project Number: 25-29
Federal Project Number: STBG 6225(266)
Signal System ID: 22509227
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"),
Ramsey County, acting through its Board of Commissioners ("County"), and the City of Maplewood, acting through
its City Council ("City"), and.
Recitals
1.The State will perform signal replacement, ADA, drainage, and TMS construction and other associated
construction upon, along, and adjacent to Trunk Highway (TH) 61 at County Road B, according to
State-prepared plans, specifications, and special provisions designated by the County as P8126 and
SAP 062-625-047 and by the City and the State as State Project 6222-191 (TH 61=001) ("Project"); and
2.The County will participate in the costs of the signal and drainage construction and associated construction
engineering; and
3.The County and the City will participate in maintenance responsibilities associated with the Project
construction; and
4.Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining, and improving the trunk highway system.
Agreement
1.Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
Council Packet Page Number 103 of 498
G9, Attachment 2
1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 3. Maintenance by the County, 4. Maintenance by the
City; 10. Liability; Worker Compensation Claims; 12. State Audits; 13. Government Data Practices;
14. Governing Law; Jurisdiction; Venue; and 16. Force Majeure. The terms and conditions set forth in
Article 5. Signal System and EVP System Operation and Maintenance will survive the expiration of this
Agreement, but may be terminated by another Agreement between the parties.
1.4. Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by
the State as State Project 6222-191 (TH 61=001) are on file in the office of the Commissioner of
Transportation at Saint Paul, Minnesota, and incorporated into this Agreement by reference ("Project
Plans").
1.5. Exhibits. The Preliminary Schedule "I" is on file in the office of the County Engineer, in the office of the
City's Public Works Director/City Engineer, and attached and incorporated into this Agreement. Exhibit A –
Shared Use Paths and Sidewalk Maintenance is attached and incorporated into this Agreement.
2. Construction by the State
2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest
responsible bidder according to the Project Plans.
2.2. Direction, Supervision, and Inspection of Construction
A. Supervision and Inspection by the State. The State will direct and supervise all construction activities
performed under the construction contract, and perform all construction engineering and inspection
functions in connection with the contract construction. All contract construction will be performed
according to the Project Plans.
B. Inspection by the County. The County participation construction covered under this Agreement will be
open to inspection by the County. If the County believes the County participation construction covered
under this Agreement has not been properly performed or that the construction is defective, the
County will inform the State District Engineer's authorized representative in writing of those defects.
Any recommendations made by the County are not binding on the State. The State will have the
exclusive right to determine whether the State's contractor has satisfactorily performed the County
participation construction covered under this Agreement.
2.3. Plan Changes, Additional Construction, Etc.
A. The State will make changes in the Project Plans and contract construction, which may include the
County participation construction covered under this Agreement, and will enter into any necessary
addenda and change orders with the State's contractor that are necessary to cause the contract
construction to be performed and completed in a satisfactory manner. The State District Engineer's
authorized representative will inform the appropriate County official of any proposed addenda and
change orders to the construction contract that will affect the County participation construction
covered under this Agreement.
B. The County may request additional work or changes to the work in the plans as part of the construction
contract. Such request will be made by an exchange of letter(s) with the State. If the State determines
that the requested additional work or plan changes are necessary or desirable and can be
accommodated without undue disruption to the project, the State will cause the additional work or
plan changes to be made.
Council Packet Page Number 104 of 498
G9, Attachment 2
2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause
the construction contract to be completed in a satisfactory manner.
2.5. Utility Adjustments. Adjustments to certain County-owned facilities, including but not limited to, valve
boxes and frame and ring castings, may be performed by the State's contractor under the construction
contract. The County will furnish the contractor with new units and/or parts for those in place County-
owned facilities when replacements are required and not covered by a contract pay item, without cost or
expense to the State or the contractor, except for replacement of units and/or parts broken or damaged
by the contractor.
3. Maintenance by the County
Upon completion of the Project, the County will provide the following without cost or expense to the State:
3.1. Storm Sewers. Routine maintenance of any storm sewer facilities construction. Routine maintenance
includes, but is not limited to, removal of sediment, debris, vegetation, and ice from grates and catch
basins, and any other maintenance activities necessary to preserve the facilities and to prevent conditions
such as flooding, erosion, or sedimentation; this also includes informing the District Maintenance Engineer
of any needed repairs.
3.2. Shared Use Path. The County will provide routine and minor maintenance of the Shared Use Path on TH 61
Right-of-Way as shown in Exhibit A. Routine/minor maintenance may include, but is not limited to, snow
and ice control/removal, sweeping and debris removal, patching, crack repair, replacement of failing
section(s) of pavement, vegetation control, signing, pavement markings, and any other maintenance
activities necessary to perpetuate the Shared Use Path in a safe, usable, and aesthetically acceptable
condition as determined by the State’s District Maintenance Engineer and all applicable laws including, but
not limited to, the Americans with Disabilities Act (“ADA”). If the County fails to perform its maintenance
services under this Article in compliance with applicable laws, the State will provide the County with a
notice of non-compliance. Within three business days of sending the notice of non-compliance, the State’s
District Maintenance Engineer and the County engineer will meet to discuss the County’s performance of
maintenance and decide upon next steps to remedy any non-compliant performance. If the parties cannot
agree upon a remedy, the State may perform such obligation and the County shall reimburse the State for
the cost thereof, plus 10 percent of such cost for overhead and supervision within 30 days of receipt of the
State’s invoice. The State and the County agree that full pavement replacement is outside of routine/minor
maintenance, and the State and the County will share in the cost of pavement replacement according to
the State’s Cost Participation and Maintenance Responsibilities with Local Units of Government Manual, as
amended or revised.
A. Right-of-Way Access. The State authorizes the County to enter upon State Right-of-Way to perform the
maintenance activities described in this Article. The County must notify and coordinate with the State’s
District Maintenance Engineer prior to accessing State Right-of-Way. While the County is occupying the
State's Right-of-Way, they must comply with the approved traffic control plan, and with applicable
provisions of the Work Zone Field Handbook
(http://www.dot.state.mn.us/trafficeng/workzone/index.html). All County personnel occupying the
State's Right-of-Way must be provided with required reflective clothing and hats.
B. Environmental. The County shall not dispose of any materials regulated by any governmental or
regulatory agency onto the ground, or into any body of water, or into any container on the State’s
Right-of-Way. In the event of spillage of regulated materials, the County shall immediately notify the
State’s Authorized Representative in writing and shall provide for cleanup of the spilled material and
Council Packet Page Number 105 of 498
G9, Attachment 2
any materials contaminated by the spillage in accordance with all applicable federal, state and local
laws and regulations, at the sole expense of the County.
3.3. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm
sewer facilities constructed under the construction contract that was not included in the drainage for
which the storm sewer facilities were designed, without first obtaining written permission to do so from
the owner of the storm sewer facilities.
4. Maintenance by the City
Upon completion of the Project, the City will provide the following without cost or expense to the State:
4.1. Sidewalk. Maintenance of the sidewalk construction as shown in Exhibit A, including stamped and colored
concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and
debris removal, patching, crack repair, panel replacement, cross-street pedestrian crosswalk markings,
vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate
the sidewalks in a safe, useable, and aesthetically acceptable condition.
4.2. Shared Use Path. The City will provide routine and minor maintenance of the Shared Use Path on TH 61
Right-of-Way as shown in Exhibit A. Routine/minor maintenance may include, but is not limited to, snow
and ice control/removal, sweeping and debris removal, patching, crack repair, replacement of failing
section(s) of pavement, vegetation control, signing, pavement markings, and any other maintenance
activities necessary to perpetuate the Shared Use Path in a safe, usable, and aesthetically acceptable
condition as determined by the State’s District Maintenance Engineer and all applicable laws including, but
not limited to, the Americans with Disabilities Act (“ADA”). If the City fails to perform its maintenance
services under this Article in compliance with applicable laws, the State will provide the City with a notice
of non-compliance. Within three business days of sending the notice of non-compliance, the State’s
District Maintenance Engineer and the City engineer will meet to discuss the City’s performance of
maintenance and decide upon next steps to remedy any non-compliant performance. If the parties cannot
agree upon a remedy, the State may perform such obligation and the City shall reimburse the State for the
cost thereof, plus 10 percent of such cost for overhead and supervision within 30 days of receipt of the
State’s invoice. The State and the City agree that full pavement replacement is outside of routine/minor
maintenance, and the State and the City will share in the cost of pavement replacement according to the
State’s Cost Participation and Maintenance Responsibilities with Local Units of Government Manual, as
amended or revised.
A. Right-of-Way Access. The State authorizes the City to enter upon State Right-of-Way to perform the
maintenance activities described in this Article. The City must notify and coordinate with the State’s
District Maintenance Engineer prior to accessing State Right-of-Way. While the City is occupying the
State's Right-of-Way, they must comply with the approved traffic control plan, and with applicable
provisions of the Work Zone Field Handbook
(http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City personnel occupying the State's
Right-of-Way must be provided with required reflective clothing and hats.
B. Environmental. The City shall not dispose of any materials regulated by any governmental or regulatory
agency onto the ground, or into any body of water, or into any container on the State’s Right-of-Way.
In the event of spillage of regulated materials, the City shall immediately notify the State’s Authorized
Representative in writing and shall provide for cleanup of the spilled material and any materials
contaminated by the spillage in accordance with all applicable federal, state and local laws and
regulations, at the sole expense of the City.
Council Packet Page Number 106 of 498
G9, Attachment 2
5. Signal System and EVP System Operation and Maintenance
Operation and maintenance responsibilities will be as follows for the Signal System and Emergency Vehicle
Preemption (EVP) System on TH 61 at County Road B and for the Interconnect into the State's fiber network.
5.1. County Responsibilities
A. Power. The County will be responsible for the hook-up cost and application to secure an adequate
power supply to the service pad(s) or pole(s) and will pay all monthly electrical service expenses
necessary to operate the Signal System, EVP System, and Interconnect.
B. Minor Signal System Maintenance. The County will provide for the following, without cost to the State.
i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when
necessary. The LED luminaire must be replaced when it fails or when light levels drop below
recommended AASHTO levels for the installation.
ii. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED
indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no
longer meets Institute of Traffic Engineers (ITE) standards for light output.
iii. Clean the Signal System controller cabinet and service cabinet exteriors.
iv. Clean the Signal System and luminaire mast arm extensions.
v. Paint and maintain the cross-street pedestrian crosswalk markings.
5.2. State Responsibilities
A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and
perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to the
County or the City. All Signal System timing will be determined by the State, and no changes will be
made without the State's approval.
B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed according
to the following conditions and requirements:
i. All maintenance of the EVP System must be done by State forces.
ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota
Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when
responding to an emergency. The County and the City will provide the State's District Engineer or
their designated representative a list of all vehicles with emitter units, if requested by the State.
iii. Malfunction of the EVP System must be reported to the State immediately.
iv. In the event the EVP System or its components are, in the opinion of the State, being misused or
the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues
after the County or the City receives written notice from the State, the State may remove the EVP
System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and
components become the property of the State.
v. All timing of the EVP System will be determined by the State.
5.3. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public
right-of-way to perform the maintenance activities described in this Agreement.
Council Packet Page Number 107 of 498
G9, Attachment 2
5.4. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms
of Agreement 66958, dated May 20, 1990, between the parties, for the intersection of TH 61 at County
Road B.
6. Basis of County Cost
6.1. Schedule "I" The Preliminary Schedule "I" includes anticipated County participation construction items,
State Furnished Materials lump sum amounts, and the construction engineering cost share covered under
this Agreement, and is based on engineer's estimated unit prices.
6.2. County Participation Construction. The County will participate in the following at the percentages
indicated. The construction includes the County's proportionate share of item costs for Mobilization and
Traffic Control.
A. 100 Percent will be the County's rate of cost participation in all of the SAP 062-625-047 construction.
The construction includes, but is not limited to, those construction items tabulated on Sheet 2 of the
Preliminary Schedule "I."
6.3. State Furnished Materials. The State will furnish an ATC Cabinet 350, Gridsmart video detection system
with additional camera, and a PTZ camera ("State Furnished Materials"), according to the Project Plans, to
operate the traffic control signal system covered under this Agreement. The County's lump sum share for
State Furnished Materials is $47,971.22. The County's cost share for State Furnished Materials will be
added to the County's total construction cost share as shown in the Schedule "I."
6.4. Construction Engineering Costs. The County will pay a construction engineering charge equal to 8 percent
of the total County participation construction covered under this Agreement.
6.5. Plan Changes, Additional Construction, Etc. The County will share in the costs of construction contract
addenda and change orders that are necessary to complete the County participation construction covered
under this Agreement, including any County requested additional work and plan changes.
The State reserves the right to invoice the County for the cost of any additional County requested work
and plan changes, construction contract addenda, change orders, and associated construction engineering
before the completion of the contract construction.
6.6. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the
construction contract will result in a credit shared by each party in the same proportion as their total
construction cost share covered under this Agreement is to the total contract construction cost before any
deduction for liquidated damages.
7. County Cost and Payment by the County
7.1. County Cost. $288,569.41 is the County's estimated share of the costs of the contract construction, State
Furnished Materials, and the construction engineering cost share as shown in the Preliminary Schedule "I."
The Preliminary Schedule "I" was prepared using anticipated construction items and estimated quantities
and unit prices and may include any credits or lump sum costs. Upon award of the construction contract,
the State will prepare a Revised Schedule "I" based on construction contract construction items,
quantities, and unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this
Agreement.
7.2. Conditions of Payment. The County will pay the State the County's total estimated construction and
construction engineering cost share, as shown in the Revised Schedule "I," after the following conditions
have been met:
Council Packet Page Number 108 of 498
G9, Attachment 2
A. Execution of this Agreement and transmittal to the County, including a copy of the Revised
Schedule "I."
B. The County's receipt of a written request from the State for the advancement of funds.
7.3. Acceptance of the County's Cost and Completed Construction. The computation by the State of the
amount due from the County will be final, binding and conclusive. Acceptance by the State of the
completed contract construction will be final, binding, and conclusive upon the County as to the
satisfactory completion of the contract construction.
7.4. Final Payment by the County. Upon completion of all contract construction and upon computation of the
final amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to
the County. The Final Schedule "I" will be based on final quantities, and include all County participation
construction items and the construction engineering cost share covered under this Agreement. If the final
cost of the County participation construction exceeds the amount of funds advanced by the County, the
County will pay the difference to the State without interest. If the final cost of the County participation
construction is less than the amount of funds advanced by the County, the State will refund the difference
to the County without interest.
The State and the County waive claims for any payments or refunds less than $5.00 according to
Minnesota Statutes § 15.415.
8. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
8.1. The State's Authorized Representative will be:
Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, Saint Paul, MN 55155
Telephone: (651) 366-4634
Email: malaki.ruranika@state.mn.us
8.2. The County's Authorized Representative will be:
Name, Title: Luis C. Flores, Traffic Engineer (or successor)
Address: 1425 Paul Kirkwold Drive, Arden Hills, MN 55112
Telephone: (651) 266-7192
Email: luis.flores@ramseycounty.us
8.3. The City's Authorized Representative will be:
Name, Title: Steven Love, Public Works Director/City Engineer (or successor)
Address: 1902 County Road B East, Maplewood, MN 55109
Telephone: (651) 249-2404
Email: steve.love@maplewoodmn.gov
9. Assignment; Amendments; Waiver; Contract Complete
9.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office. The foregoing does not
prohibit the City or the County from contracting with a third-party to perform City or County maintenance
responsibilities covered under this Agreement.
Council Packet Page Number 109 of 498
G9, Attachment 2
9.2. Amendments. Any amendment to this Agreement 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 Agreement, or
their successors in office.
9.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the
provision or the party's right to subsequently enforce it.
9.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the
City, and the County. No other understanding regarding this Agreement, whether written or oral, may be
used to bind either party.
10. Liability; Worker Compensation Claims
10.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota
Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and
other applicable law govern liability of the City and the County.
10.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
11. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
12. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's and the County's books, records, documents, and
accounting procedures and practices relevant to this Agreement are subject to examination by the State and the
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
13. Government Data Practices
The City, County, and State must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the City and the County under this Agreement.
The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by
either the City, the County, or the State.
14. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
15. Termination; Suspension
15.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.
15.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the performance of contract construction under the Project. Termination
must be by written or fax notice to the City and the County.
15.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this
Agreement and all work, activities, and performance of work authorized through this Agreement.
Council Packet Page Number 110 of 498
G9, Attachment 2
16. Force Majeure
No party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
(The remainder of this page has been intentionally left blank.)
Council Packet Page Number 111 of 498
G9, Attachment 2
CITY OF MAPLEWOOD
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
Council Packet Page Number 112 of 498
G9, Attachment 2
RAMSEY COUNTYDEPARTMENT OF TRANSPORTATION
The undersigned certify that they have lawfully Recommended for Approval:
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions, or ordinances.
By:
(District Engineer)
By:
Date:
Title: Ling Becker, County Manager
Approved:
Date:
By:
(State Design Engineer)
Approval recommended:
Date:
By:
COMMISSIONER OF ADMINISTRATION
Title: Brian Isaacson, Director Public Works Department
By:
Date:
(With Delegated Authority)
Approved as to Form:
Date:
By:
Title: Assistant County Attorney
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
Council Packet Page Number 113 of 498
G9, Attachment 2
: September 26, 2025
y
Preliminar
47,971.2221,375.51
$267,193.90$288,569.41
er
reement (estimated amount)
g
-1 -
Agreement 1058794
COUNTY COST PARTICIPATION
PRELIMINARY SCHEDULE "I"
Ramsey County and City of Maplewood
ment as described in Article 7 of the A
y
SAP 062-625-047 Work Items From Sheet 2219,222.68State Furnished Materials From Sheet 3Subtotal Construction Engineering (8%)
(1)Total County Cost
(1)Amount of advance pa
Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.
SP 6222-191 (TH 61=001)SAP 062-625-047STBG 6225(266)Signal replacement, ADA, drainage, and TMS construction located on TH 61 at County Road B to start approximately April 2026 undState
Contract ____ with ____
Council Packet Page Number 114 of 498
G9, Attachment 2
43.07
12.7735.8430.99
292.59521.05157.96321.30219.93385.60
2,248.311,422.704,562.702,793.951,748.261,766.006,331.595,612.001,039.72
(1)
219,222.68
1058794
5.743.313.482.286.20
1.06
16.0627.4219.7532.1310.7617.3534.2873.58
219.93
358.40
1,422.70
TOTAL
0.19105,647.4720,073.028.001.000.1933,324.170.5011,223.990.47360,858.16169,603.331.000.105.00
51.0019.0010.0013.0051.0024.00
12.00
140.00424.00161.00299.00169.00
219,222.68
UNITQUANTITYUNIT PRICECOST
LIN FTSQ FTCU YDEACHLIN FTLUMP SUMSYSTEMEACHLIN FTSQ YDPOUND
LUMP SUMCU YDCU YDEACHSQ FTSQ FTSQ FTLUMP SUMPOUNDACRE
-2 -
100% COUNTY
(1)
WORK ITEM
SAP 062-625-047
DESIGN B624
(1)100% COUNTY FUNDS(P)= PLAN QUANTITY
Data is considered Non-public prior to project award under theMinnesota Government Data Practices Act, Minnesota Statutes Chapter 13.
ITEM
2021.501MOBILIZATION2104.503REMOVE CURB AND GUTTER2104.618REMOVE AND REPLACE BITUMINOUS PAVEMENT2106.507EXCAVATION - COMMON2106.507COMMON EMBANKMENT (CV)2211.507AGGREGATE BASE (CV) CLASS
62506.502ADJUST FRAME AND RING CASTING2521.5186" CONCRETE WALK2521.602DRILL AND GROUT REINF BAR (EPOXY COATED)2521.618CONCRETE CURB RAMP WALK2531.503CONCRETE CURB AND GUTTER 2531.618TRUNCATED
DOMES2563.601TRAFFIC CONTROL2565.501EMERGENCY VEHICLE PREEMPTION SYSTEM2565.616REVISE SIGNAL SYSTEM2573.502STORM DRAIN INLET PROTECTION2573.503SEDIMENT CONTROL LOG TYPE COMPOST2574.508FERTILIZER
TYPE 32575.504ROLLED EROSION PREVENTION CATEGORY 252575.505SEEDING2575.608SEED SOUTHERN BOULEVARD
NUMBER
Council Packet Page Number 115 of 498
G9, Attachment 2
6,539.505,207.36
95,942.44
(2)
1058794
6,539.505,207.36
TOTAL
1.0058,841.4658,841.461.0025,354.1225,354.121.001.00
47,971.22 47,971.22
UNITQUANTITYUNIT PRICECOST
EACHEACHEACH
EACH
-3 -
50% COUNTY
(2)50% STATE
SP 6222-191, SAP 062-625-047
*** LUMP SUM AMOUNT ***
STATE FURNISHED MATERIALS
(2)50% STATE, 50% COUNTY FUNDS(P)= PLAN QUANTITYATC CABINET 350GRIDSMART VIDEO DETECTION (INCLUDES 1 CAMERA)ADDITIONAL GRIDSMART CAMERAPTZ CAMERA
Data is considered Non-public prior to project award under theMinnesota Government Data Practices Act, Minnesota Statutes Chapter 13.
ITEM
NUMBER
Council Packet Page Number 116 of 498
G9, Attachment 2
Page 1 of 1
SP 6222-191
Agreement 1058794
Ramsey County SUP MaintenanceMaplewood SUP MaintenanceMaplewood Sidewalk Maintenance
SIDEWALK MAINTENANCE
EXHIBIT A - SHARED USE PATHS AND
Council Packet Page Number 117 of 498
G9, Attachment 2
CITY OF MAPLEWOOD
RESOLUTION
IT IS RESOLVED that the City of Maplewoodenter into MnDOT Agreement 1058794with the State of Minnesota,
Department of Transportation for the following purposes:
To provide for routine maintenance by the City upon, along, and adjacent to Trunk Highway 61, the limits of which
are defined in said Agreement.
IT IS FURTHER RESOLVED that the Mayor and the
(Title)
are authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of
Maplewood at an authorized meeting held on the day of
, 2025, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to me this
(Signature)
day of , 2025
(Type or Print Name)
Notary Public
My Commission Expires
(Title)
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G9, Attachment 2
RAMSEY COUNTY
RESOLUTION
IT IS RESOLVED that RamseyCounty enter into MnDOT Agreement 1058794with the State of Minnesota,
Department of Transportation for the following purposes:
To provide for payment by the County to the State of the County's share of the costs of the signal and drainage
construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway 61 at
County Road B under State Project 6222-191 (TH 61=001).
IT IS FURTHER RESOLVED that the
(Title)
and the
(Title)
are authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of Commissioners of
Ramsey County at an authorized meeting held on the day of
, 2025, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to me this
(Signature)
day of , 2025
(Type or Print Name)
Notary Public
My Commission Expires
(Title)
Council Packet Page Number 119 of 498
G9, Attachment 3
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G10
CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manage
r
REPORT FROM: Michael Sable, City Manager
PRESENTER: Michael Sable, City Manager
Ron Batty, City Attorney
AGENDA ITEM: Ordinance Amendment Regarding Biennial Adjustment of Salaries of the
Mayor and Members of the City Council
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Summary:
Section of City Code 2-38 regarding adjustments of salaries of the Mayor and Members of the City Council
needs to be amended to clarify definitions and align with even-year election cycles.
Recommended Action:
Motion to approve the Ordinance Amending City Code Section 2-38 regarding salary adjustments of
salaries of the Mayor and Members of the City Council.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Safety Focus Area:
Sustainability Focus Area: Maintain strong financial health and stability
Development Focus Area:
Background:
The City Code currently needs to be amended to clarify three areas:
1. The current City Code Section uses the term ÐbiannualÑ which means twice per year; when the
proper term used is ÐbiennialÑ, which means once every two-years. The Mayor and Members of the
City Council have never received salary adjustments two times in one calendar year, but this
amendment codifies the actual practice and clarifies the language.
2. The current City Code Section does not accurately define the source of information used to
calculate cost-of-living adjustments. The amendment defines the source as the Consumer Price
Index for All Urban Consumers (CPU-I) from the US Bureau of Labor Statistics.
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3.The current City Code Section was written when municipal elections were conducted in odd-
numbered years, rather than the current practice of even-numbered year elections and correctly
defines the effective date of future salary adjustments.
Attachments:
1.Ordinance
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G10, Attachment 1
ORDINANCE NO. ___
AN ORDINANCE AMENDING CITY CODE SECTION 2-38 REGARDING THE BIENNIAL
ADJUSTMENT OF THE SALARIES OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL
The city council of the City of Maplewood, Minnesota ordains as follows:
Section 1. Section 2-38 of the Maplewood city code is hereby amended to read as follows:
(deletions are crossed out and additions are underlined)
In accordance with state law, the The salary salaries of the mayor and the salary of each
member of the city council is are payable in biweekly installments. The mayor's salary salaries of
the mayor and the salary of each councilmember member of the city council shall be adjusted
biannually biennially based on the change in the cost of living over that the previous two-year
period. In every even-numbered year, the cost of living index published by the department of labor
shall be used for the prior two years to establish adjusted the July index from the Consumer Price
Index for All Urban Consumers (CPU-I) (not seasonally adjusted) from the United States Bureau
of Labor Statistics shall be compared with the index for the same month two years previously.
salaries Salaries for the mayor and councilmembersmembers of the city council shall be adjusted
by the same percentage as the change in the consumer price index over the two-year period.
Such adjustments become effective on January 1 and biannually thereafter of the next odd-
numbered year. If the designated index is no longer published, future adjustments shall be based
on a similar consumer price index.
Section 2. This ordinance shall be effective following its adoption and publication.
th
Adopted by the city of Maplewood this 8 day of December, 2025.
Marylee Abrams, Mayor
Attest:
Andrea Sindt, City Clerk
MA745-1-1062385.v1
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G11
CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Mike Darrow, Assistant City Manager / HR Director
PRESENTER: Mike Darrow, Assistant City Manager / HR Director
AGENDA ITEM: Resolution
Amending Retirement Health Savings (RHS) Plans
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Summary:
The City has adopted several Mission Square Retirement Health Savings (RHS) Plans over the
past few years. In 2026, AFSCME employees will transition into the RHS program. Mission Square
requires the City to adopt an updated resolution to amend the existing plan to include AFSCME and
to consolidate and update the plans for consistency.
Recommended Action:
Motion to approve the resolution amending Mission Square Retirement Health Savings (RHS)
plans.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
SafetyFocus Area:
Sustainability Focus Area:
Development Focus Area:
Background:
A Retirement Health Savings (RHS) plan allows employees to save money tax-free for qualified
medical expenses covered under IRS Section 213. Employees can fund their RHS account in three
ways:
¤Bi-weekly payroll contributions (only part of Firefighters and Fire Captains contracts)
¤Annual contributions of unused PTO or personal holiday hours
¤End-of-employment contributions from any remaining accrued PTO or personal holiday hours
when leaving the City of Maplewood.
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As a result of recent labor negotiations, the AFSCME, MSA, LELS Lieutenants, LELS Sergeants,
IAFF Firefighters, and IAFF Fire Captains bargaining groups will align their severance-related
Retirement Health Savings (RHS) provisions with the CityÓs Non-Union RHS plan. Mission Square,
the plan administrator for all City RHS accounts, requires both an amended adoption agreement
and a City Council resolution to formally approve and implement these changes.
Attachments:
1.Resolution
2.Mission Square RHS Adoption Agreement
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G11, Attachment 1
RESOLUTION FOR MISSION SQUARE RETIREMENT HEALTH SAVINGS (RHS) PLANS
PLANS: 8034111, 801136, 801159, 803121, 800183, 801101
NAME OF EMPLOYER: City of Maplewood STATE: Minnesota
Resolution of the above-named Employer (the ÐEmployerÑ):
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, this resolution is necessary for retirement health savings plans in the interest of the
Employer and Employees.
NOW, THEREFORE BE IT RESOLVED, by the city council of Maplewood Minnesota that the
Employer authorizes the addition of the AFSCME union, updates to plans, and continuation of
RHS plans for our employees under the plan outlined in 2026 Mission SquareÓs RHS Plan
Amendment.
Adopted by the Maplewood City Council on December 8, 2025.
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RHS PLAN FOR MAPLEWOOD
NON UNION, MSA, AFSCME, POLICE SERGEANT, POLICE LIEUTENANT
EMPLOYEES
1.Participant and benefit eligibility criteria: Must be full-time employee, no minimum or
maximum age and no years of service requirement.
2.Benefits will be limited to insurance premiums (health, dental, vision and long-term care
premiums, Medicare Part B, Medicare Part D, Medicare supplements and other prescription drug
insurance premiums) and out-of-pocket expenses described as eligible by the IRS.
3.The RHS plan will be funded by severance pay as follows:
100% of accrued personal leave and 50% of accrued leave would be deposits into the
RHS plan and 50% paid out as long as the employee has a balance of 80 hours or more.
If less than 80 hours, no contribution will be made to RHS and the balance will be paid out.
4.The RHS plan will be funded with annual deposits as follows:
All employees will have the cash value of all personal holiday hours unused as of
December 31 deposited into the RHS plan.
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City of Maplewood, Minnesota
Financial Management Policies
Adopted by the Maplewood City Council: December 8, 2025
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CITY OF MAPLEWOOD, MINNESOTA2026 BUDGET
FINANCIAL MANAGEMENT POLICIES
The City of Maplewood has an important responsibility to its citizens to plan the
adequate funding of services desired by the public, to manage the municipal
finances wisely, and to carefully account for public funds. The City strives to
ensure that it is capable of adequately funding and providing local government
services needed by the community. The City will maintain or improve its
infrastructure on a systematic basis to insure the maintenance of quality
neighborhoods for its citizens.
In order to achieve these goals, this plan has the following objectives for the
City’s fiscal performance:
1.To be proactive, rather than reactive, in the City’s policy-making efforts
to ensure that important decisions are not controlled by financial
problems or emergencies.
2.To enhance the City Council’s policy-making ability by providing
accurate financial information related to the various authority or service
levels provided by the City.
3.To assist in sound management of the City government by providing
accurate and timely information on financial condition.
4.To provide sound principles to guide the City Council with decisions that
will have significant financial impact on the City.
5.To set forth operational principals that minimize the cost of local
government, to the extent consistent with services desired by the public,
and minimize financial risk.
6.To utilize revenue policies and forecasting tools to prevent undue or
unbalanced reliance on certain revenues, especially property taxes, and
that also distribute the cost of municipal services fairly and provide
adequate funds to operate desired programs.
7.To provide essential public facilities and prevent deterioration of the
City’s infrastructure and various facilities.
8.To protect and enhance the City’s credit rating and prevent default on
municipal debts.
9.Ensure the legal use and protection of City funds through a good system
of financial and accounting controls.
10. Record expenditures in a manner that allocates to current taxpayers or
users the full cost of providing current services.
11. To adopt a balanced budget in the General Fund that will ensure an
adequate, stable fund balance.
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To achieve these objectives the following fiscal policies have been adopted by
the City Council to guide the City’s budgeting and financial planning process.
Each fiscal policy section includes a statement of purpose and a description of
the policy.
1.REVENUE MANAGEMENT POLICY
2.CASH AND INVESTMENTS POLICY
3.RESERVES POLICY
4.BUDGET POLICY
5.ACCOUNTS PAYABLE AND EFT PAYMENTS POLICY
6.CAPITAL IMPROVEMENT PLAN POLICY
7.ECONOMIC DEVELOPMENT AUTHORITY FUND POLICY
8.DEBT MANAGEMENT POLICY
9.ACCOUNTING, AUDITING AND FINANCIAL REPORTING
POLICY
10.RISK MANAGEMENT POLICY
11.GRANT MANAGEMENT POLICY
12.PUBLIC PURPOSE EXPENDITURE POLICY
13.CAPITAL ASSETS POLICY
14.PROCUREMENT POLICY
15.INFORMATION SECURITY POLICY
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1.REVENUE MANAGEMENT POLICY
It is essential to responsibly manage the City’s revenue sources to provide maximum
service value to the community. The most important revenue policy guidelines
established by the City Council are for the two major sources of city revenue: property
taxesand fees/charges.
A.Purpose
The purpose of this policy is to establish broad goals to assist the City in managing its
revenue. These goals will consider diversification and stabilization, equity, economic
development, and collections.
i.Diversification
The City will strive to maintain a diversified revenue base to prevent fluctuations in
revenue. Property taxes add stability to the revenue base, but should not be the
sole source of revenue. When possible, the City will seek out new sources of
revenue to diversity the tax base. This could include long-term solutions, such as
franchise fees or additional fees and charges. Short-term solutions should also be
considered, such as a one-time sale of assets.
The City will strive to support policies that promote economic development in the
City to encourage a diversified local economy and expand the tax base.
ii.Equity
The City will strive to ensure that funding is derived from a fair, equitable and
adequate resource base, while minimizing tax differential burdens. Services
having a citywide benefit shall be financed with revenue sources generated from
a broad base, such as property taxes and state aids. Services where the customer
determines the use should be financed with user fees, charges, and assessments
related to the level of service provided.
iii.Economic Development
The City’s revenue sources should not unduly reduce the City’s economic
competitiveness or negatively impact individual choices in the local economy.
The City’s overall revenue structure should be designed to recapture some of the
financial benefits resulting from economic and community development
investments. The City will strive to keep a total revenue mix that encourages
growth and keeps Maplewood economically competitive.
iv.Collections
City staff should engage in vigilant collections of outstanding balances due to the
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City. However, the cost of collections should not exceed the marginal extra
revenue obtained or absorb a large percentage of the amount collected. City staff
and collections contractors may write off accounts receivable in amounts of $5.00
or less without Council approval.
B.Property Taxes
When possible, property tax increases should accommodate incremental
adjustments. Further, when discussing property taxes, the City should
simultaneously explore other revenue and expenditure alternatives that will maximize
the City’s future financial flexibility and ability to provide services. This may include
considering options such as debt management, fees and charges, cost allocation,
use of reserves, and expenditure cuts.
Possible factors for considering an increase in property tax include:
Maintenance of City services.
Long-term protection of the City’s infrastructure.
Meeting legal mandates imposed by outside agencies.
Maintaining adequate fund balance and reserve funds sufficient to maintain
or improve the City’s bond rating.
Funding City development and redevelopment projects that will clearly
result in future tax base increases. The expenditures of development and
redevelopment funds must be in accordance with a defined strategy as
shown in the City’s Comprehensive Plan, Capital Improvement Program
and other Council documents.
Property tax increases to meet other purposes will be based on the following criteria:
A clear expression of community need.
The existence of community partnerships willing to share resources.
C. Service Fees and Charges
The City will consider service fees and charges wherever appropriate for the purposes of
keeping the property tax rate at a minimum and to fairly allocate the full cost of services
to the users of those services. Service fees and charges broaden the base to include tax
exempt properties, which still have municipal costs associated with the property.
Specifically, the City may:
Establish utility rates sufficient to fund both the operating costs and the
long-term depreciation and replacement of the utility systems.
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As part of the City’s enterprise effort, evaluate City services and pursue
actions to accomplish the following:
Find community basedpartners to share in service delivery.
Make services financially self-supporting or, when possible,
profitable.
Annually review City services and identify those for which charging user
fees are appropriate. These services will be identified as enterprise
services and a policy for establishing fees will be set for each. Included as
part of this process may be a market analysis that compares our fees to
comparable market cities.
Identify some enterprise services as entrepreneurial in nature. The intent
of entrepreneurial services will be to maximize revenues to the extent the
market allows.
Waive or offer reduced fees to youth, seniors, community service groups,
and other special population groups identified by the Council as requiring
preferential consideration based on policy goals.
Selected criteria are used to determine the specific rate to charge for a fee for service.
The approach for establishing the rate criteria is determined by the policy relating to the
fee in the City policies and procedures manual. The rate criteria can be one of five
approaches:
Market Comparison
Attempt to set fees in the upper quartile of the market.
Maximum set by External Source
Fees set by legislation, International Building Code, etc.
Entrepreneurial Approach
Fees will be at the top of the market.
Recover the Cost of Service
Program will be self-supporting.
Utility Fees
A rate study will be updated or reviewed each year.
D.Non-recurring and Volatile Revenues
Non-recurring revenues should be directed towards one-time uses and should not be
relied on to fund ongoing programs. Several one-time revenue sources, such as
intergovernmental transfers, grants, and insurance dividends are outside direct City
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control and must be relied upon conservatively. The City Manager and Finance Director
shall ensure that the budget preparation process includes an evaluation of all major non-
recurring revenues, in order to minimize reliance on unpredictable revenues for ongoing
operating costs.
Volatile revenues, such as court fines, interest earnings and building permits can produce
undependable yields and should not be heavily depended on to fund ongoing programs.
High yields from these sources should be treated in a manner similar to non-recurring
revenues. Revenues can be considered volatile if they vary by more than 10% from
budgetary estimates.
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2. CASH AND INVESTMENTS POLICY
Effective cash management is essential to good fiscal management.
Investment returns on funds not immediately required can provide a significant
source of revenue for the City. Investment policies must be well-founded and
uncompromisingly applied in their legal and administrative aspects in order to
protect the City funds being invested.
A. Purpose
The purpose of this policy is to establish the City’s investment objectives and
establish specific guidelines that the City will use in the investment of city funds.
It will be the responsibility of the Finance Director to invest city funds in order to
attain a market rate of return while preserving and protecting the capital of the
overall portfolio. Investments will be made, based on statutory constraints, in
safe, low risk instruments.
B. Scope/Funds
This policy applies to the investment of all city funds available for investment
and not needed for immediate expenditure. The City will consolidate cash
balances from all funds to maximize investment earnings. Investment income
will be allocated to the various funds based on their respective participation and
in accordance with generally accepted accounting principles.
C. Delegation of Authority
Authority to manage the investment program is granted to the Finance Director
who shall act in accordance with established written procedures and internal
controls for the operation of the investment program consistent with this
investment policy. Procedures should include references to: safekeeping,
delivery vs. payment, investment accounting, repurchase agreements, wire
transfer agreements and collateral/depository agreements. No person may
engage in an investment transaction except as provided under the terms of this
policy and the procedures established by the Finance Director.
The primary objectives, in priority order, of investment activities shall be safety,
liquidity, and yield:
i.Safety:Safety of principal is the foremost objective of the investment
program. Investments shall be undertaken in a manner that seeks to
ensure the preservation of capital in the overall portfolio. The objective
will be to minimize the risk of market fluctuations, such as creditrisk and
interest rate risk. Credit risk is the risk that the borrower will be unable
to make their debt service payments to the investors. Interest rate risk is
the risk that rates will (for example) rise while the investments you hold
have lower rates – if the City were to sell their investments prior to
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maturity in this case, they would have to sell the investments at a loss.
ii.Liquidity: The investment portfolio must remain sufficiently liquid to
meet all operating costs that may be reasonably anticipated. The
portfolio must be structured so that securities mature concurrent with
cash needs to meet anticipated demands. Cash needs will be
determined based on cash flow forecasts.
iii. Diversification of instruments:A variety of investment vehicles must
be used to minimize the exposure to risk of loss. The investment portfolio
must be diversified by individual financial institution, government agency,
or by corporation (in the case of commercial paper) to reduce the
exposure to risk of loss.
iv. Diversification of maturity dates: Investment maturity dates should
vary in order to ensure that the City will have money available when
needed.
v. Yield: The investment portfolio shall be designed with the objective of
attaining a market rate of return throughout budgetary and economic
cycles, taking into account the investment risk constraints and liquidity
needs. Return on investment is of secondary importance compared to
the safety and liquidity objectives described above.
D. Oversight
The City Manager shall oversee the City’s investment program. The Finance
Director will maintain a more detailed and comprehensive investment policy
based on the principles established by the City Council and consistent with the
most current guidelines within the public sector. On at least an annual basis,
the Finance Director shall provide a status report to the City Council. Annually,
the City Council shall designate depositories for investment purposes.
E. The City shall invest in the following instruments as allowed by
Minnesota Statute 118A:
i. Government Securities: Direct obligations of the federal government
or its agencies, with the principal fully guaranteed by the U.S.
Government or its agencies.
ii.Certificates of Deposit:A negotiable or nonnegotiable instrument
issued by commercial banks and insured up to $250,000, or the amount
set, by the Federal Deposit Insurance Corporation (FDIC).
iii.Repurchase Agreement: Aninvestment that consists of two
simultaneous transactions, where an investor purchases securities from
a bank or dealer. At the same time, the selling bank or dealer agrees to
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repurchase the securities at the same price plus interest at some agreed-
upon future date. The security purchased is the collateral protecting the
investment.
iv. Prime Commercial Paper:An investment used by corporations to
finance receivables. A short-term (matures in 270 days or less),
unsecured promissory note is issued for a maturity specified by the
purchaser. Corporations market their paper through dealers who in turn
market the paper to investors. The City will only purchase commercial
paper issued by U.S. corporations or their Canadian subsidiaries that has
been rated highest quality (A1, P1 and F1) by two of three rating
agencies.
v. State or Local Government Securities:Any security that is a General
Obligation of any state or local government rated “A” or better by a
national bond rating service.
vi.Statewide Investment Pools:Statewide investment pools that invest in
authorized instruments according to M.S. §118A.04, such as the
Minnesota Municipal Money Market (4M) Fund.
vii.Money Market Mutual Funds: Money market mutual funds that invest
primarilyin U.S. Government and agency issues and repurchase
agreements.
F. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from
personal business activity that could conflict with the proper execution and
management of the investment program. Employees and investment officials
shall disclose any material interests in financial institutions with which they
conduct business or that could be related to the performance of the investment
portfolio. Employees and officers shall refrain from undertaking personal
investment transactions with the same individual with whom business is
conducted on behalf of the City.
G. Internal Controls, Audits, External Controls
The Finance Director is responsible for establishing and maintaining an internal
control structure designed to ensure that the assets of the City are protected
from loss, theft, or misuse. Accordingly, compliance with City policies and
procedures should be assured by the Finance Director, and addressed through
the annual audit (CAFR) process.
H. Authorized Financial Institution and Dealer
In accordance with Minnesota Statutes §118.02, the responsibility for
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conducting investment transactions resides with the City Council. Also, the
Council shall be responsible for designating the depositories of the funds.
Depositories shall be selected through a banking services procurement
process, which shall include a comprehensive review of credit characteristics
and financial history by the Finance Director or reliance on selection criteria by
an independent third party. In selecting depositories, the creditworthiness of the
institutions under consideration shall be examined. The City Council shall
designate depositories after a recommendation from staff.
Only approved security broker/dealers authorized in Minnesota Statutes
118A.06 shall be utilized for safekeeping and custody.
All financial institutions and broker/dealers must supply the following as
appropriate:
i. Audited financial statements;
ii. Proof of Financial Industry Regulatory Authority (FINRA) certification,
iii. Proof of state registration;
iv. Completed broker/dealer questionnaire for firms who are not major
regional or national firms;
v. Certification of having read the City’s investment policy.
I. Broker Representations
Municipalities must obtain from their brokers certain representations regarding
future investments. The City of Maplewood will provide each broker with
information regarding the municipality’s investment restrictions. Before
engaging in investment transactions with the City of Maplewood, the supervising
officer at the securities broker/dealer shall submit a certification stating that the
officer has reviewed the investment policies and objectives, as well as
applicable state laws, and agrees to disclose potential conflicts of interest or risk
to public funds that might arise out of business transactions between the firm
and the City of Maplewood. All financial institutions shall agree to undertake
reasonable efforts to preclude imprudent transactions involving the city’s funds.
J. Collateralization
The City funds must be deposited in financial institutions that provide at least
$250,000 in government insurance protection. At no time will deposits in any
one institution exceed the insured amount unless such excesses are protected
by pledged securities. Pledged securities, computed at market value, will be
limited to the following:
i. United States Treasury bills, notes or bonds that mature within five
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years;
ii.Issues of United States government agencies guaranteed by the
United States government;
iii.General obligation securities of any state or local government with
taxing powers rated “A” or better, or revenue obligation securities
of any state or local government with taxing powers rated AA or
better, provided no single issue exceeds $300,000 with maturities
not exceeding five years;
iv.Irrevocable standby letters of credit issued by Federal Home Loan
Banks accompanied by written evidence that the bank’s public
debt is rated AA or better;
v.Time deposits that are fully insured by any federal agency.
In order to anticipate market changes and provide a level of security for all funds,
the collateralization level will be 110 percent (110%) of the market value of
principal and accrued interest. Collateral shall be deposited in the name of the
City of Maplewood, subject to release by the City’s Finance Director. All
certificates of deposit and repurchase agreements purchased by the City shall
be held in third-party safekeeping by an institution designated as primary agent.
The primary agent shall issue a safekeeping receipt to the City listing the
specific instrument rate maturity and other pertinent information. All deposits will
be insured or collateralized in accordance with Minnesota Statutes Chapter 118.
No other collateral except as designated above will be authorized for use as
collateral for City funds.
K.Safekeeping and Custody
When investments purchased by the City are held in safekeeping by a
broker/dealer, they must provide asset protection of $500,000 through the
Securities Investor Protection Corporation (SIPC) and the current required
amount of supplemental insurance protection.
L.Diversification
It is the policy of the City to diversify its investment portfolios to eliminate the
risk of loss resulting from the over concentration of assets in a specific maturity,
a specific issuer, or a specific class of maturities.
The portfolio, as much as possible, will contain both short-term and long-term
investments. The City will attempt to match its investments with anticipated cash
flow requirements. Liquidity is necessary to pay for recurring operations.
Maturities should not be extended beyond the dates necessary to meet these
projected liquidity needs and should be staggered in such a way that avoids
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over concentration in a specific maturity sector. Extended maturities may be
utilized to take advantage of higher yields; however, no more than 20% of the
total investment portfolio should extend beyond five (5) years and in no
circumstance should any extend beyond ten (10) years.
The portfolio will reflect diversity by class of maturity and issuer. The following
limits are imposed for investments of a specific class:
Commercial Paper: At any one time, no more than 20% of the total
portfolio shall consist of commercial paper investments. Maximum
holdings for any one issuer of commercial paper will be 5% of the total
portfolio.
Certificates of Deposit: At any one time, no more than 70% of the
total
portfolio shall consist of certificates of deposit. Maximum holdings
for any one issuer of a certificate of deposit will be $250,000, or the
amount insured by the Federal Deposit Insurance Corporation (FDIC),
unless collateral is provided in accordance with this policy and
Minnesota Statute Chapter 118. Maximum holdings for any one issuer
of collateralized certificates of deposit will be 5% of the total portfolio.
Government Securities: At any one time, no more than 70% of the
total portfolio shall be invested in obligations of the federal government
or its agencies.
Repurchase Agreements: At any one time, no more than 5% of the
total portfolio shall be invested in repurchase agreements.
State or Local Government Securities: At any one time, no more
than 60% of the total portfolio shall be invested in State or local
government securities. Maximum holdings for any one issuer of state or
local government securities will be 10% of the total portfolio.
Money Market Funds: At any one time, no more than 70% of the total
portfolio shall be invested in authorized money market mutual funds.
M.Investment Reporting
The Finance Director shall prepare an investment report at least quarterly,
including a management summary that provides a clear picture of the status of
the current investment portfolio and transactions made over the last quarter.
The investment reporting function shall include requirements for budgetary
reporting, interim reporting, internal reporting, and annual reporting.
i.Budgetary Reporting: As part of the annual budget, interest
income shall be estimated for all funds based on a formal cash flow
forecast. This forecast shall take into account the historical pattern
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of inflows and outflows of general fund cash, the adopted fiscal
policies and any other pertinent factors affecting cash flow. The
budget document shall explicitly state the assumptions of the cash
flow forecast, the assumed interest rate on short-term investment
and the interest estimated for any long-term investments.
ii. Interim Reporting: The investment portfolios for the City funds
shall be provided to the Council with the periodic budget versus
actual reports. These reports shall be sequenced by maturity and
shall state the type of investment, annualized rate of return based
on the daily interest amount. The Finance Director shall summarize
any changes in investment strategy or anticipated variances from
the investment income budgeted as part of monthly reporting
process.
iii. Internal Reporting: Finance Department procedures shall ensure
that investment portfolios are maintained on the City’s records
system on a daily basis and available to management or the City
Council at any time. Management shall be provided investment
portfolios monthly together with their budget versus actual reports.
iv. Annual Reporting: Within 90 days of the City’s fiscal year-end, the
Finance Director shall prepare a written comprehensive fiscal report
on the investment program and investment activity. This report shall
include:
a. A summary of the investment activity and rate of return for the
fiscal year then ended;
b. A discussion of how the year’s investment activity compares
to the stated objectives and the budgeted amount;
c. A detailed comparison of book yield with other benchmarks.
Benchmarks for comparison may include: the Minnesota
Municipal Money Market fund; other state investment pools
that have similar investment restrictions; treasury bill rates
that are indicative of a strictly passive investment strategy;
performance indexes, as set forth in the Government Finance
Officers’ monthly publication of the Public Investor (e.g. the
10 bill index); or any other index that may be deemed
appropriate;
d. A discussion of the outlook for interest rates and the economic
trend for the upcoming year, investment strategies to be
implemented and budgetary expectations for investment
income.
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N.Investment Committee
The City Council may appoint an investment committee to serve at its pleasure.
The mission of the committee shall be to monitor the City’s investment portfolio
and make recommendations to the Finance Director and City Manager. The
committee shall consist of five members defined as follows: the City Finance
Director, the City Manager, two City Council members, and one member of the
community who has a background in public finance and no financial connection
with the City. The Finance Director shall serve as the facilitator of the committee.
The committee shall meet as often as it sees fit, but no less than once per year
and no more than once per quarter.
O.Interest Earnings
Interest earnings will be credited to all major funds with a positive cash balance
at the end of each month, based on the average cash balances during that
month. Market value adjustments will be credited to the source of the invested
monies monthly based on the average cash balances during that month. The
City will use the average yield of the one-year Treasury note as a benchmark
for performance comparisons.
P.Conclusion
The intent of this policy is to ensure the safety of all City funds. The main goal
of the City will be to achieve a benchmarkrate of return while maintaining the
safety of its principal.
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3. RESERVES POLICY
A. Purpose
It is important for the financial stability of the City to maintain reserve funds for
unanticipated expenditures or unforeseen emergencies, as well as to provide
adequate working capital for current operating needs to avoid short-term
borrowing. The Reserve Policy of the City is managed closely with the City’s
Debt Management Policy. The City may choose to consider paying cash for
capital projects that can be anticipated and planned for in advance. Therefore
the City’s reserve levels fluctuate, in part, based on capital project plans.
In establishing an appropriate fund balance, the City needs to consider the
demands of cash flow, capital asset purchases, need for emergency reserves,
ability to manage fluctuations of major revenue sources, credit rating and long-
term fiscal health.
B. Classifications
Fund balances in governmental funds are reported in classifications that
disclose constraints for which amounts in those funds can be spent. These fund
balance classifications apply to governmental funds:
i.Nonspendable: Consists of amounts that are not in spendable form,
such as inventories and prepaid items.
ii.Restricted: Consists of amounts related to externally imposed
constraints, established by creditors, grantors or regulatory agencies.
iii.Committed: Consists of amounts that have internally imposed
constraints, established by resolution of the City Council. The committed
amounts cannot be used for any other purpose unless the Council
removes or changes the specified use by resolution of the City Council.
iv.Assigned:Consists of amounts that are intended to be used for a
specific purpose; intent can be expressed by the City Council or by a
delegate of the City Council.
v. Unassigned: Consists of the residual classification for the General Fund
and also reflects negative residual amounts in other funds.
C. Authorization
The City Council authorizes the Finance Director and/or City Manager to assign
fund balance that reflects the City’s intended use of the specified funds. When
both restricted and unrestricted resources are available for use, it is the City’s
policy to use restricted resources first, and then use unrestricted resources as
needed. When unrestricted resources are available for use, it is the City’s policy
to use resources in the following order: 1) committed, 2) assigned, 3)
unassigned.
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D.Fund Balance Policies
i.General Fund: The General Fund is established to account for all
revenues and expenditures which are not required to be accounted
for in other funds. Revenue sources include property taxes, license
and permit fees, fines and forfeits, program revenues,
intergovernmental revenues, investment earnings, and transfers in.
The General Fund’s resources finance a wide range of functions,
including the operations of general government, public safety, and
public works. The General Fund may have committed fund balances
at year-end for purchase order encumbrances and budget carryovers.
The General Fund may have a portion of its fund balance classified
as nonspendable if there are long-term receivables, inventories, or
prepaid items. The General Fund is the only fund that can have any
unassigned fund balance. The City’s unassigned fund balance in the
General Fund shall be maintained at a minimum level of 41.67%, with
a desired level of 50%, of annual general fund operating
expenditures.
ii.Special Revenue Funds: Special revenue funds are used to
account for and report the proceeds of specific revenue sources that
are restricted or committed to expenditures for specified purposes
other than debt service or capital projects. Governmental accounting
standards require that substantial inflows of revenues into a special
revenue fund be either restricted or committed in order for the fund to
be considered a special revenue fund. The City will maintain fund
balances in the Special Revenue Funds at a level which will avoid
issuing short-term debt to meet the cash flow needs of the current
operating budget.
iii.Debt Service Funds: Debt service fund balances are considered
restricted. The resources being accumulated in the funds are for
payments of principal and interest maturing in current and future
years. The City’s fund balance in the Debt Service fund shall be at a
minimum level of 50% of annual debt service expenditures. Because
the majority of annual debt service is paid on February 1 and August
1 of each year, funds must be available for payment of February 1
debt service.
iv.Capital Project Funds: Capital project fund balances are
considered restricted or committed. The resources being
accumulated are for current and future projects. Capital project funds
are used to account for and report financial resources that are
restricted, committed, or assigned to expenditures for capital assets.
The fund balances in these funds within the Capital Improvement
budget vary annually based upon the timing of construction projects.
The City will maintain reserves in the Capital Project Funds at a
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minimum level sufficient to provide adequate working capital for
current expenditure needs. The maximum amount of reserves should
include the amount necessary to pay for future capital projects.
Future capital projects must be identified and quantified in a written
finance plan for the fund in the City’s annual budget document.
v. Enterprise Funds: The City will maintain reserves in the Enterprise
Funds at a minimum level sufficient to provide adequate working
capital for current expenditure needs. Generally, the City shall strive
for a minimum of 3-months operating cash in these funds. The
maximum amount of reserves should include the amount necessary
to pay for future capital needs. Future capital projects must be
identified and quantified in a written finance plan for the fund in the
City’s annual budget document. Rates and fees in these funds will
be analyzed annually for a five-year period to provide for level rate
changes. Enterprise Fund net position (equity) will be classified in
one of the following categories:
a. Net Investment in Capital Assets
The component of net position, which is the difference
between the Assets and deferred outflows of resources and
the Liabilities and deferred inflows of resources of Enterprise
Funds, that consists of capital assets less both accumulated
depreciation and the outstanding balance of debt that is
directly attributable to the acquisition, construction or
improvement of the capital assets.
b. Restricted
The component of net position that consists of assets with
constraints placed on their use by either external parties or
through constitutional provisions or enabling legislation.
c. Unrestricted
The difference between the Assets and deferred outflows of
resources and the Liabilities, deferred inflows of resources and
net position of Enterprise Funds that is not reported as net
investment in capital assets or restricted net position.
vi. Internal Service Funds: These funds are used to allocate common
costs among the various funds and programs of the city. Deficits and
surpluses are allowed however the goal is to maintain reserves at
10% of budgeted expenditures.
vii.Stabilization Arrangements: Stabilization arrangements are
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defined as setting aside amounts for use in emergency situations or
when revenue shortages or budgetary imbalances arise. The City will
set aside amounts by resolution as deemed necessary that can only
be expended when certain circumstances under which a need for
stabilization arises. The need for stabilization will only be utilized for
situations that are not expected to occur routinely.
viii.Committed Specific Revenue Sources in Special Revenue
Funds: The specific revenue source of each special revenue fund
and the specific purposes for which they are committed are as
follows, less any amounts that are classified as nonspendable or
restricted by their nature:
Special Revenue FundSpecific Revenue SourcesCommitted For
Charitable Gambling TaxCharitable Gambling Taxes Economic Development
Fire Training Fund 100% of Fund Balance Public Safety
Police Services 100% of Fund Balance Public Safety
Tree Preservation 100% of Fund Balance Public Works
Communications 100% of Fund Balance Communications
Maplewood EDA 100% of Fund Balance Economic Development
The State and Federal Grants Funds are subject to externally enforceable legal
restrictions and are classified as restricted.
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4.BUDGET POLICY
A.Purpose
The budget is the annual financial plan for funding the costs of City services and
programs. Thegovernmentalbudget includes the General Fund, Special
Revenue Funds, and Capital Project Funds. Enterprise operations are
budgeted in separate Enterprise Funds.
B.Balanced Budget
The City Manager shall submit a balanced budget for the General Fund in which
appropriations shall not exceed the total of the estimated revenues and
available fund balance.
Balanced budget is defined as a budget in which current revenues plus net
operating transfers and one-time use of excess reserves will be sufficient to
support budgeted expenditures. One-time revenues or use of excess reserves
will not be used to fund on-going expenditures. One-time funding sources shall
only be used to fund capital improvements, equipment, one-time expenditures,
or to improve fund balance. The City will provide for all current expenditures
with current revenues.
The City will avoid all budgetary procedures that balance current expenditures
at the expense of meeting future years’ budgets, such as postponing
expenditures, rolling over short-term debt, and using reserves to balance the
operating budget.
Each fund should maintain a fund balance at a level that will provide a positive
cash balance through the fiscal year.
C.Budget Period
The City’s budget year is the calendar year. The City legally adopts an annual
budget for the General Fund. Budgets for Special Revenue Funds, Debt
Service Funds, Capital Project Funds, Enterprise Funds, and Internal Service
Funds are adopted for management purposes only.
The budget is prepared in accordance with timeframes established by State
Statute, which includes a public hearing to allow the taxpayers an opportunity
to express their views on the proposed budget.
D.Basis of Budgeting
The modified accrual basisisused for all Governmental Funds in the budget.
The accrual basis isused for the budgets of the Enterprise Funds and Internal
Service Funds. The basis of budgeting is the same as the basis of accounting
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used in the City’s audited financial statements.
E.Budget Amendment Process
Budget appropriations are by department total within the General Fund rather
than by account. Budget changes that involve the transfer of appropriations
among accounts only require the approval of the City Manager or designee.
Council approval is required for budget changes that involve a transfer of
appropriations between funds or from contingency accounts. The budget
changes can be made at any Council meeting.
For budget changes that can be approved by the City Manager or designee, the
department head must complete a budget transfer request form on which the
following is indicated: budget transfer amount, accounts involved, purpose,
justification, date approved by department head, and department head initials.
This form is submitted to the Finance Director for review. Upon approval by the
Finance Director, a copy of the form is given to the department head.
F.Long-Term Financial Forecasts
The City Manager will coordinate the development of the five-year capital
improvement plan budget and ten-year outlook with the development of the
operating budget. Operating costs associated with new capital improvements
will be projected and included in future operating budget forecasts.
The budget will provide for adequate maintenance of the capital plant and
equipment, and for their orderly replacement. The impact on the operating
budget from any new programs or activities being proposed should be
minimized by providing funding with newly created revenues whenever
possible.
G.Budget Form and Information
Excess revenues from a specific fiscal year will be placed into the City’s
reserves in a manner consistent with the City’s fund balance reserve policies.
The operating budget will describe the goals to be achieved and the services
and programs to be delivered for the level of funding.
All unencumbered appropriations for the City’s operating budget lapse at year-
end. Amounts reserved for encumbrances are classified as assigned fund
balance. Budget carryovers from a prior fiscal year are not allowed, except for
projects tied to a contractual agreement. All other requests for carryovers must
be approved by the City Manager, Finance Director and City Council.
The Maplewood budget document addresses four general areas:
i.Policy Document – the budget includes a budget message articulating
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strategic priorities as established by the City Council. It describes the
budget and financial policies, and addresses long-term concerns and
issues. By revealing the anticipated revenues, operating expenditures,
capital expenditures and discretionary expenditures for public services,
the annual budget provides a roadmap of the City’s priorities and funding
principles.
ii.Operations Guide – the budget document provides an explanation of
departmental responsibilities and the budgeted spending limitations for
the year. This allows users of the budget document to see the funding
level for each spending unitwithin the cityand the purposes for the
allocation.
iii.Financial Plan – the budget provides financial control by establishing
spending limitations within each scope of activity. The budget outlines
how financial resources will be allocated over the next year between
programs.
iv.C
ommunications Device – the budget document is a tool to present
financial information to both internal and external users. The document
is user-friendly and is designed to enhance the users’ understanding of
major issues that impact the City budget.
H.Level of Control
The City Manager will ensure that a budgetary control system is in place to
adhere to the adopted budget. The City Manager may approve the transfer of
budget amounts between accounts within a department’s budget. City Council
approval is required for any increase in a department’s budget. The budget
changes can be made at any Council meeting. The legal level of budgetary
control is at the department level in budgeted funds.
I.Performance Measurement
The Finance Department will provide regular monthly reports comparing actual
revenues and expenditures to the budgeted amounts. Department heads are
responsible for reviewing their budgets on a monthly basis and investigating
unusual variances.
Each year the City will strive to obtain the Government Finance Officers
Association Distinguished Budget Award.
The City’s annual Budget is available to citizens and the public upon request
and on the City’s website. The City shall maintain transparency and
accountability of its financial resources and assets.
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5. ACCOUNTS PAYABLE AND EFT PAYMENTS POLICY
A. Purpose
The purpose of this policy is to ensure that payments are initiated, executed, and handled
in a secure manner and to ensure that adequate banking controls are maintained.
B. Scope
This policy shall govern the use of EFT (Electronic Funds Transfers) and establish
financial controls and management procedures for all payments. Payments are made by
check or EFT. Examples of EFT payments include Automated Clearing House (ACH)
transfers and wire payments.
C. Procedures
EFT:
i.The use of EFT for payments shall be preferred when a credit card is not used.
ii.Payroll and payroll taxes will be paid and submitted by EFT;
iii.The procedures to initiate, approve, record and report an EFT payment are subject
to the same financial policies, procedures, and controls that govern disbursements
made by any other means.
iv.Vendors requesting EFT payments will provide banking information on a form
provided by the City. Accounts Payable staff will confirm the banking instructions
with the vendor to prevent fraud and strengthen the integrity of the data. Vendors
must complete and return a Form W-9 “Request for Taxpayer Identification
Number and Certification” to the Finance Department.
v. All EFT payments will be initiated by secure computer-based systems. Phone
transfers will only be used if approved in advance by the Finance Director or
another authorized representative other than the initiator.
vi.The mechanism by which EFT payment requests are communicated to the
disbursing bank will have adequate controls to prevent unauthorized access.
These controls should include password protected user accounts, Personal
Identification Numbers (PIN’s) and a designated administrator.
vii.The Finance Director will designate a primary administrator to manage and control
access to the systems used to process EFT transactions. The administrator shall
ensure that adequate separation of duties exists in accordance with accepted
internal control standards. In addition, the administrator shall ensure approval and
maintenance of user system ID’s and user permissions, including authorized
representatives and their associated transfer limits.
viii.For recurring EFT payments, the administrator will coordinate the establishment of
a template with receiving and disbursing bank information that may not be altered
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without the approval of two authorized signatures.
ix.Bank activity will be monitored daily for unusual or unexpected transactions.
x. Reconciliation of bank activity to the general ledger will be performed in a timely
manner with all exceptions resolved.
Check Disbursements:
i.All new vendors must be authorized by the Assistant Finance Director or
Finance Director. Qualified vendors must complete and return a Form
W-9 “Request for Taxpayer Identification Number and Certification”to
the Finance Department.
ii. Payments are to be made on original invoices received from vendors.
Payments are not to be made based on statements from vendors.
iii. The Accounts Payable staff will verify the information contained on the
invoice, including the vendor name, address, purchase order, and
amount.
iv. Qualified claims will be paid within 30 days of receipt.
v. Invoices will be submitted and paid according to the timeline established
by the Finance Department.
vi. Checks will not be issued to “Cash”.
vii. All claims must be verified by the person who placed the order and
approved through the City’s established approval process.
viii. The Finance Department will separate roles and responsibilities of
employees performing accounts payable duties to ensure appropriate
segregation of duties, in an attempt to reduce the risk of fraud and error.
ix. Positive pay will be utilized for all payments made by check.
x. Reconciliation of bank activity to the general ledger will be performed in a timely
manner with all exceptions resolved.
All paid claims will be reported to the City Council in accordance with established City
policies. Each year vendors who have received payment from the City are issued a
1099 form, notifying them of the amount the City will report to the Internal Revenue
Service (IRS) when combined payments exceed the IRS threshold.
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6. CAPITAL IMPROVEMENT PLAN POLICY
A. Purpose
The demand for services and the cost of building and maintaining the City’s infrastructure
continues to increase. The City cannot afford to accomplish every project or meet every
service demand. Therefore, a methodology must be employed that provides a realistic
projection of community needs, the meeting of those needs, and a framework to support
City Council prioritization of those needs. That is the broad purpose of the CIP.
B. Scope
The CIP includes the scheduling of public improvements for the community over a five-
year period and takes into account the community’s financial capabilities as well as its
goals and priorities. A “capital improvement” is defined as any major nonrecurring
expenditure for physical facilities of government. Typical expenditures are the cost of
land acquisition or interest in land, construction of roads, utilities and parks. Vehicles and
equipment can be covered in a CIP or covered separately under an equipment schedule.
The CIP is directly linked to goals and policies, land use, and community facility sections
of the Comprehensive Plan since these sections indicate general policy of development,
redevelopment, and maintenance of the community.
C. CIP Development Process
Compile and prioritize projects. Staff will consolidate and prioritize
recommended projects into the proposed Capital Improvement Plan.
Devise proposed funding sources for proposed projects. Proposed funding
sources will be clearly stated for each project.
Project and analyze total debt service related to the total debt of the City.
A debt study will be provided, summarizing the combined property tax impact
of all the existing and proposed debt.
On an annual basis, the City Council will evaluate the proposed CIP for the following:
Project Prioritization;
Funding Source Acceptability;
Acceptable Financial Impact on Tax Levy, Total Debt, and Utility Rate Levels;
The City should annually consider a variety of financing options, including
issuing equipment certificates, cash financing, tax-exempt leasing, or direct
bank investment as appropriate financing mechanisms to meet capital needs.
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7.ECONOMIC DEVELOPMENT AUTHORITY POLICY
A.Purpose
The Economic Development Authority (EDA) was created by the City Council,
who acted to appoint the members of the City council to serve as the Board of
Commissioners. Under M.S. Chapter 469, Economic Development, cities are
permitted to establish an EDA. M.S. § 469.107 gives authority to the City
Council to levy a tax up to 0.01813 percent of estimated market value in the
City. The Revenue Management Policy of the City, as included in this Financial
Management Plan, sets policy for when a tax levy may be considered. The EDA
is subject to the statutory levy limits of the City. This policy section establishes
the amount of tax levy that will be considered for the EDA.
B.Funding
The City Council may annually appropriate money to the EDA from a tax levy or
other available source. The appropriation can be equivalent to the maximum
that could be provided by a tax levy for economic development purposes. The
annual tax levy shall be set based on the amount needed when combined with
other available sources achieves the funding level set by this policy.
To provide other sources (non-tax) of funding to the EDA, the City Council shall
annually review the fund balance in the General Fund to determine whether
sufficient unreserved fund balance is available for transfer from the General
Fund to the EDA. The decision shall be made at the time the annual EDA tax
levy is established. If other sources of revenue are not available, the EDA may
request the tax levy at the maximum allowed.
C.Procedure for Using Funds
Expenditures may be made from the EDA based on the following criteria:
1.The EDA appropriates the funds as part of the annual budget, or
2.The EDA authorizes an amendment to the EDA budget outside the
annual appropriation process.
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8. DEBT MANAGEMENT POLICY
A. Purpose
The purpose of the debt policy is to ensure that debt is used wisely and that
future financial flexibility remains relatively unconstrained. Debt is an important
mechanism to fund capital expenditures. It can reduce long-term costs due to
inflation, prevent lost opportunities, and equalize the costs of improvements to
present and future constituencies.
Debt management is an integral part of the financial management of the City.
Adequate resources must be provided for the repayment of debt, and the level
of debt incurred by the City must be effectively controlled to amounts that are
manageable and within levels that will maintain or enhance the City’s credit
rating.
A goal of debt management is to stabilize the overall debt burden and future tax
levy requirements to ensure that issued debt is repaid and to prevent default on
any municipal debt. A high debt level places a financial burden on taxpayers
and can create economic problems for the community.
The debt policies ensure that the City’s outstanding debt does not weaken the
City’s financial structure, provides manageable limits on debt, and allows for the
best possible credit rating.
B. Policy
Wise and prudent use of debt provides fiscal and service advantages. Overuse
of debt places a burden on the fiscal resources of the City and its taxpayers.
The following guidelines provide a framework and limit on debt utilization:
i. Conditions for Issuance
a. The City will confine long-term borrowing to capital
improvements, equipment, or projects that have a life of at
least five years and cannot be financed from current revenues.
b. Net general obligation debt will not exceed the statutory limit
of 3% of the estimated market value of taxable property in the
City, as required by M.S. § 475.53.
c. The City shall use a competitive bidding process for the sale
of debt unless the use of a negotiated process is warranted
due to adverse market conditions, timing requirements, or a
unique pledge or debt structure. The City will award
competitively issued debt on the true interest cost (TIC) basis.
d. The City should strongly consider market conditions (i.e.,
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interest rates, construction market) when planning for the
issuance of debt. The City should consider issuing debt, rather
than paying cash, when interest rates are lower.
e. Debt should be structured in a manner that distributes costs
and benefits appropriately. Intergenerational equity aspects
should be considered when financing capital assets. The debt
payments should be distributed over the useful life of the asset.
f.Long-term forecasts should support the assumption that the
City will be able to repay the debt without causing financial
distress.
g. Interfund borrowing for periods of more than one year shall
only be undertaken for capital expenditures. A payment
schedule for the borrowed amounts shall be established by the
City Council. Interest charges for interfund loans utilizing tax
increment bonds will be in accordance with Minnesota
Statutes, §469.178, Subd 7.
ii. Restrictions on Debt Issuance
a. Where possible, the City will issue revenue (including general
obligation backed revenue) or other self-supporting type bonds
instead of general obligation bonds.
b. The City will not use long-term debt for current operations.
c. The City should not issue debt with a longer amortization
period than the life of the asset being financed.
d. When possible, the City should use pay-as-you-go financing
for equipment and other minor capital assets.
iii. Financial Limitations
a. The City will strive to keep the total maturity length of general
obligation bonds below 20 years and structure the bonds to
allow for retirement of at least 50% of the principal within 2/3
of the term of the bond issue.
b. Bond rating categories shall be used as a means of assessing
the City’s financial condition. The City will strive to achieve
and maintain a ratio of governmental funds debt service to
expenditures that will result in an adequate, or better than
adequate, debt and contingent liability profile rating from the
rating agencies.
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c. The City will strive to limit the amount of net direct outstanding
debt at or below the range of $900 not to exceed $1,425 per
capita.
d. The City will maintain regular communications with bond rating
agencies about its financial condition and will follow a policy of
full disclosure in every financial report and bond statement.
The City will comply with Securities and Exchange
Commission (SEC) reporting requirements.
e. The City is committed to providing continuing disclosure to
certain financial and operating data and material event notices
as required by Securities and Exchange Commission (SEC)
Rule 15c2-12. The Finance Department shall be responsible
for the preparation of all disclosure documents and releases
required under Rule 15c2-12.
f.When feasible, the City will use refunding mechanisms to
reduce interest costs and evaluate the use of debt reserves to
lower overall annual debt service. Refunding of outstanding
debt shall only be considered when present value savings of
at least 3.0% of the principal amount of the refunded bonds are
produced, according to Minnesota statutes. Savings from
refundings will be distributed evenly over the life of the
refunded bonds unless special circumstances warrant a
different savings structure.
g. Retirement funds will be examined annually to ensure
adequate balances and funding progress.
h. The City should maintain the highest credit rating possible.
iv. Professional Service Providers
a. Municipal financial advisors should be selected through a
process of evaluating formal proposals every 5-10 years.
Selection should be based on, but not limited to, experience
with the type, size, and structure of the bonds typically issued,
ability to commit sufficient time to accomplish necessary tasks,
and lack of potential conflicts of interest.
b. Proposals for bond counsel should be solicited and considered
on an occasional or as-needed basis. Consideration should
be given to experience with municipal debt, ability to commit
sufficient time to accomplish necessary tasks, and lack of
potential conflicts of interest.
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c.For compliance review, an arbitrage specialist should be
retained. The arbitrage specialist may be the City’s municipal
advisor, or may be solicited for on a periodic basis.
d.The City should strategically maintain good relations with
rating agencies and a positive perception in the marketplace.
C.Conduit Debt Policy
The City of Maplewood is granted the power to issue conduit revenue bonds
and other conduit revenue obligations under Minnesota Statutes, Section
469.152-469.165, as amended, and Minnesota Statutes, Chapter 462C, as
amended. The Maplewood City Council, being aware that such financing may
prevent the emergence of blighted land, excessive unemployment and the need
for redevelopment financing from the State and Federal governments, has
expressed its support for the use of such financing but has reserved the right to
approve or reject projects on a case-by-case basis. The following criteria have
been developed as a guide for review of applications:
i.Criteria
a.The project is to be compatible with the overall development plans
and objectives of the City and neighborhood where the project is
located.
b.New businesses locating in Maplewood must show new tax base
being generated by the project.
c.Locating in areas of the City that the City wishes to develop,
redevelop, or which in any way complements any development plans
or policy of the City, will constitute a prime purpose under these
guidelines. It is also the City’s intent to assist in business expansions
or relocations within the City where it can be shown that such would
have a substantial, favorable impact on employment, tax base, or
both.
d.It is the City’s intent to assist new or existing businesses in the
acquisition of existing facilities, where such acquisition will maintain
the stability of the tax base, employment, or both.
e.The project must not put a burden on existing City services or utilities
beyond that which can be reasonably and economically
accommodated.
f.The applicant (and/or the lessee) must show sufficient equity in the
project. Applicant must provide a copies of all financing agreements
for review by the City.
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g.The credit rating and method of offering conduit* bonds or notes of
the City are important considerations. The City will not entertain
applications for such financings unless (i) the debt is rated investment
grade by a nationally recognized rating agency or (ii) the debt is sold
in a private placement. Debt will be considered sold in a private
placement (i) if no advertising or solicitation of the general public
occurs, and (ii) if the bonds are initially sold to not more than ten
purchasers (not including any underwriter or placement agent as a
purchaser) and (iii) the City receives written certification from each
initial purchaser (or each underwriter or placement agent based on its
reasonable belief) that: (a) such purchaser has such knowledge and
experience in financial and business matters that it is capable of
evaluating the merits and the risks of the debt, and (b) such purchaser
is not purchasing for more than one account or with a view to
distributing the debt. In addition, for a private placement either (a) all
bonds or notes (except for one bond or note) must remain in minimum
denominations of not less than $100,000, with the exception of
charter schools which may have minimum denominations of $25,000
or (b) investment letters from not only each initial purchaser, but from
any subsequent purchaser must be obtained which contains the
above described certifications from the purchasers. Any offering
material for a private placement must prominently state in effect that:
“THE CITY OF MAPLEWOOD HAS NOT ASSUMED ANY
RESPONSIBILITY TO REVIEW THIS OFFERING MATERIAL AND
HAS NO RESPONSIBILITY FOR ITS ACCURACY OR
COMPLETENESS. THE CITY HAS NO FINANCIAL OBLIGATION
OF ANY NATURE WITH RESPECT TO THE OFFERED BONDS.”
Finally, to qualify as a private placement the financing documents
must require annual financial statements from the benefited private
party (or the ultimate provider of credit) to be delivered to each
investor (or a trustee).
*The term “conduit” refers to any type of City revenue obligation the
proceeds of which are loaned to a private party and for which the
City has no financial obligation.
h.Applications for acquisition of or replacement of machinery and
equipment will be discouraged unless in conjunction with a totally new
business in Maplewood, a physical plant expansion of an existing
business, or where it is shown that the equipment acquisition is
essential to the continued operation of the business in Maplewood.
Also, it is the City’s intent to assist where possible in the acquisition
of pollution control equipment for any new or existing business being
required to meet mandated standards.
i.At the request of a conduit borrower, the City Council may grant host
approval, as defined in Treasury Regulations, Section 5f.103-2(c)(3)
for conduit bonds proposed to be issued by a conduit issuer, other
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than the City or the EDA, with respect to bond-financed facilities
located in or to be located in the City. The host approval fee shall be
in accordance with the fee schedule in effect at the time the City
Council grants host approval.
j. A furtherpermitted use under these guidelines are projects, whether
profit or nonprofit, engaged in providing health care services,
including hospitals, nursing homes, and related medical facilities,
when either of the following findings can be made:
Number of new jobs is increased.
The project would provide a facility or service considered
desirable or necessary by the community.
The following procedures facilitate the application for financing:
ii.Procedures
a. The applicant shall make an application for financing on forms
available from the Finance Department of the City of Maplewood.
The completed application is to be returned to the Finance Director,
accompanied by the processing fee, whereupon the application will
be forwarded to the City Council with a staff recommendation.
Specific findings shall be made and recited regarding the criteria as
well as satisfaction of public purposes of the applicable statutes.
b. The application cannot be considered by the City until tentative City
Code findings and requirements have been made with respect to
zoning, building plans, platting, streets and utility services.
c. The applicant is to select qualified financial consultants and/or
underwriters, as well as legal counsel, to prepare all necessary
documents and materials. The City may rely on the opinion of such
experts and the application shall be accompanied by a financial
analysis (pro forma income statement, debt service coverage,
mortgage terms, etc.) by the underwriter as to the economic
feasibility of the project and the underwriter’s ability to market the
financing. Financial material submitted is to also include most recent
fiscal year-end, audited, financial statements of the applicant and/or
of any major lessee tenant, if readily available.
d. Further, in the case of the tax exempt mortgage placements, the
applicant will be required to furnish the City, before passage of the
Final Resolution, a comfort letter (but not necessarily a letter of
commitment) from the lending institution, to the affect that said
lending institution has reviewed the economic feasibility of the
project, including the financial responsibility of the guarantors and
find that, in their professional judgment, it is an economically viable
project.
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e.The applicant shall furnish with the application, a description of the
project, plat plan, rendering of proposed building, etc., and a brief
description of the applicant company, all in such form as shall be
required at the time of application. This data, as necessary, may be
furnished to members of the City Council as background
information.
f.If an allocation of bonding authority is required under Minnesota
Statutes, Chapter 474A, as amended, the applicant shall be
required to pay any required application fee and provide any
required application deposit as specified in Chapter 474A, without
regard to whether the application fee or deposit will be refunded.
g.The applicant shall covenant in the applicable conduit bond
documents to comply with all applicable requirements of the Internal
Revenue Code of 1986, as amended (the “Code”), and the
applicable Treasury Regulations, including, but not limited to: (i) the
arbitrage and rebate requirements of Section 148 of the Code; and
(ii)the qualified bonds provisions of Sections 141(e), 142, 143, 144,
and 145 of the Code. The applicant shall be the party responsible
for monitoring the conduit bonds for compliance with such
requirements and to remediate nonqualified bonds in accordance
with the requirements of the Code and applicable Treasury
Regulations. The applicant shall be the party responsible for
monitoring compliance with the requirements of Section 148 of the
Code.
h.The applicant shall covenant in the applicable conduit bond
documents to reimburse the City for all costs paid or incurred by the
City (including the fees of attorneys, financial advisors, accountants,
and other advisors) as a result of the City’s response to or
compliance with an audit, inspection, or compliance check (random
or otherwise), by the Internal Revenue Service, the Minnesota
Department of Revenue, the Minnesota Office of the State Auditor,
or any other governmental agency with respect to the conduit bonds
or the project financed with the proceeds of the conduit bonds.
The following administrative fees and provisions apply to the application for
financing:
iii.Administrative Fees and Provisions
a.The City Council reserves the right to deny any application for
financing at any stage of the proceedings prior to adopting the final
resolution authorizing issuance of the industrial development
financing. The City Council may waive any provision of this Conduit
Bonds Policy if the City Council determines that such waiver is in the
best interests of the City.
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b.The City is to be reimbursed, and held harmless, for and from any
out-of-pocket costs related to the actual or proposed issuance of
conduit revenue bonds. In addition, a nonrefundable processing fee
of $2,500 must be submitted with the application. Upon closing, an
administrative fee is due and payable to the City based on the
following schedule:
On the first $20,000,000 .50% of par
On portion in excess of $20,000,000 .10% of par
c.In the case of a refinancing, the fee shall be calculated at 50% of the
above schedule. The City will be reimbursed for any technical
changes to a bond issue previously issued at 25% of the above
schedule.
d.Adm
inistrative fees collected in connection with the issuance of
conduit debt shall be deposited in the EDA Fund. The processing fee
shall be deposited in the General Fund.
e.Al
l applications and supporting materials and documents shall remain
the property of the City. Note that all such materials may be subject
to disclosure and/or public review under applicable provisions of State
law.
f.The Finance Department shall, report all conduit debt issues in the
Comprehensive Annual Financial Report in accordance with
Generally Accepted Accounting Principles and shall report any
material events with regard to all conduit debt issued by the City, and
still outstanding, to the City Council.
g.The applicant will be responsible for providing the Cityany required
arbitrage reports, continuing disclosure reports, and annual financial
statements after the issuance of the debt.
D.Post-Issuance Compliance Policy for Tax-Exempt Governmental
Bonds
The City of Maplewood issues tax-exempt governmental bonds to finance
capital improvements. As an issuer of tax-exempt governmental bonds, the City
is required by the terms of Sections 103 and 141-150 of the Internal Revenue
Code of 1986, as amended (the “Code”), and the Treasury Regulations
promulgated thereunder (the “Treasury Regulations”), to take certain actions
subsequent to the issuance of such bonds to ensure the continuing tax-exempt
status of such bonds. In addition, Section 6001 of the Code and Section 1.6001-
1(a) of the Treasury Regulations, impose record retention requirements on the
City with respect to its tax-exempt governmental bonds. This Post- Issuance
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Compliance Procedure and Policy for Tax-Exempt Governmental Bonds (the
“Policy”) has been approved and adopted by the City to ensure that the City
complies with its post-issuance compliance obligations under applicable
provisions of the Code and Treasury Regulations.
i. Effective Date and Term. The effective date of this Policy is the date
of approval by the City Council of the City and shall remain in effect until
superseded or terminated by action of the City Council of the City. This
Policy amends and restates the Post- Issuance Compliance Procedure
and Policy for Tax-Exempt Governmental Bonds adopted by the City
Council of the City on June 10, 2012.
ii. Responsible Parties. The Finance Director of the City shall be the party
primarily responsible for ensuring that the City successfully carries out
its post-issuance compliance requirements under applicable provisions
of the Code and Treasury Regulations. The Finance Director will be
assisted by the staff of the Finance Department of the City and by other
City staff and officials when appropriate. The Finance Director of the
City will also be assisted in carrying out post-issuance compliance
requirements by the following organizations:
a. Bond Counsel (the law firm primarily responsible for providing
bond counsel services for the City);
b. Municipal Advisor (the organization primarily responsible for
providing financial advisor services to the City);
c. Paying Agent (the person, organization, or City officer
primarily responsible for providing paying agent services for
the City); and
d. Rebate Analyst (the organization primarily responsible for
providing rebate analyst services for the City).
The Finance Director shall be responsible for assigning post-issuance
compliance responsibilities to members of the Finance Department,
other staff of the City, Bond Counsel, Paying Agent, and Rebate Analyst.
The Finance Director shall utilize such other professional service
organizations as are necessary to ensure compliance with the post-
issuance compliance requirements of the City. The Finance Director shall
provide training and educational resources to City staff who are
responsible for ensuring compliance with any portion of the post-
issuance compliance requirements of this Policy.
iii. Post-Issuance Compliance Actions. The Finance Director shall
take the following post- issuance compliance actions or shall verify
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that the following post-issuance compliance actions have been
taken on behalf of the City with respect to each issue of tax-
exempt governmental bonds issued by the City:
a. The Finance Director shall prepare a transcript of principal
documents (this action will be the primary responsibility of
Bond Counsel).
b. The Finance Director shall file with the Internal Revenue
Service (the “IRS”), within the time limit imposed by Section
149(e) of the Code and applicable Treasury Regulations, an
Information Return for Tax-Exempt Governmental
Obligations, Form 8038-G (this action will be the primary
responsibility of Bond Counsel).
c. The Finance Director shall prepare an “allocation
memorandum” for each issue of tax-exempt governmental
bonds in accordance with the provisions of Treasury
Regulations, Section 1.148-6(d)(1), that accounts for the
allocation of the proceeds of the tax-exempt bonds to
expenditures not later than the earlier of:
eighteen (18) months after the later of (A) the date the
expenditure is paid, or (B) the date the project, if any,
that is financed by the tax-exempt bond issue is placed
in service; or
the date sixty (60) days after the earlier of (A) the fifth
anniversary of the issue date of the tax-exempt bond
issue, or (B) the date sixty (60) days after the retirement
of the tax-exempt bond issue.
Preparation of the allocation memorandum will be the primary
responsibility of the Finance Director (in consultation with the
Municipal Advisor and Bond Counsel).
d. The Finance Director, in consultation with Bond Counsel, shall
identify proceeds of tax-exempt governmental bonds that must
be yield-restricted and shall monitor the investments of any
yield-restricted funds to ensure that the yield on such
investments does not exceed the yield to which such
investments are restricted.
e. In consultation with Bond Counsel, the Finance Director shall
determine whether the City is subject to the rebate
requirements of Section 148(f) of the Code with respect to
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each issue of tax-exempt governmental bonds. In consultation
with Bond Counsel, the Finance Director shall determine, with
respect to each issue of tax-exempt governmental bonds of
the City, whether the City is eligible for any of the temporary
periods forunrestricted investments and is eligible for any of
the spending exceptions to the rebate requirements. The
Finance Director shall contact the Rebate Analyst (and, if
appropriate, Bond Counsel) prior to the fifth anniversary of the
date of issuance of each issue of tax-exempt governmental
bonds of the City and each fifth anniversary thereafter to
arrange for calculations of the rebate requirements with
respect to such tax-exempt governmental bonds. If a rebate
payment is required to be paid by the City, the Finance Director
shall prepare or cause to be prepared the Arbitrage Rebate,
Yield Reduction and Penalty in Lieu of Arbitrage Rebate, Form
8038-T, and submit such Form 8038-T to the IRS with the
required rebate payment. If the City is authorized to recover a
rebate payment previously paid, the Finance Director shall
prepare or cause to be prepared the Request for Recovery of
Overpayments Under Arbitrage Rebate Provisions, Form
8038-R, with respect to such rebate recovery, and submit such
Form 8038-R to the IRS.
iv.Procedures for Monitoring, Verification, and Inspections. The
Finance Director shall institute such procedures as the Finance
Director shall deem necessary and appropriate to monitor the use of
the proceeds of tax-exempt governmental bonds issued by the City,
to verify that certain post-issuance compliance actions have been
taken by the City, and to provide for the inspection of the facilities
financed with the proceeds of such bonds. At a minimum, the Finance
Director shall establish the following procedures:
a.The Finance Director shall monitor the use of the proceeds of tax-
exempt governmental bonds to: (i) ensure compliance with the
expenditure and investment requirements under the temporary
period provisions set forth in Treasury Regulations, Section 1.148-
2(e); (ii) ensure compliance with the safe harbor restrictions on the
acquisition of investments set forth in Treasury Regulations,
Section 1.148-5(d); (iii) ensure that the investments of any yield-
restricted funds do not exceed the yield to which such investments
are restricted; and (iv) determine whether there has been
compliance with the spend-down requirements under the
spending exceptions to the rebate requirements set forth in
Treasury Regulations, Section 1.148-7.
b.The Finance Director shall monitor the use of all bond-financed
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facilities in order to: (i) determine whether private business uses
of bond-financed facilities have exceeded the de minimus limits
set forth in Section 141(b) of the Code as a result of leases and
subleases, licenses, management contracts, research contracts,
naming rights agreements, or other arrangements that provide
special legal entitlements to nongovernmental persons; and (ii)
determine whether private security or payments that exceed the
de minimus limits set forth in Section 141(b) of the Code have
been provided by nongovernmental persons with respect to such
bond-financed facilities. The Finance Director shall provide
training and educational resources to any City staff who have the
primary responsibility for the operation, maintenance, or
inspection of bond-financed facilities with regard to the limitations
on the private business use of bond-financed facilities and as to
the limitations on the private security or payments with respect to
bond-financed facilities.
c. The Finance Director shall undertake the following with respect to
each outstanding issue of tax-exempt governmental bonds of the
City: (i) an annual review of the books and records maintained by
the City with respect to such bonds; and (ii) an annual physical
inspection of the facilities financed with the proceeds of such
bonds, conducted by the Finance Director with the assistance with
any City staff who have the primary responsibility for the
operation, maintenance, or inspection of such bond-financed
facilities.
v. Record Retention Requirements.The Finance Director shall collect
and retain the following records with respect to each issue of tax-
exempt governmental bonds of the City and with respect to the
facilities financed with the proceeds of such bonds: (i) audited
financial statements of the City; (ii) appraisals, demand surveys, or
feasibility studies with respect to the facilities to be financed with the
proceeds of such bonds; (iii) publications, brochures, and newspaper
articles related to the bond financing; (iv) trustee or paying agent
statements; (v) records of all investments and the gains (or losses)
from such investments; (vi) paying agent or trustee statements
regarding investments and investment earnings; (vii) reimbursement
resolutions and expenditures reimbursed with the proceeds of such
bonds; (viii) allocations of proceeds to expenditures (including costs
of issuance) and the dates and amounts of such expenditures
(including requisitions, draw schedules, draw requests, invoices, bills,
and cancelled checks with respect to such expenditures); (ix)
contracts entered into for the construction, renovation, or purchase of
bond-financed facilities; (x) an asset list or schedule of all bond-
financed depreciable property and any depreciation schedules with
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respect to such assets or property; (xi) records of the purchases and
sales of bond-financed assets; (xii) private business uses of bond-
financed facilities that arise subsequent to the date of issue through
leases and subleases, licenses, management contracts, research
contracts, naming rights agreements, or other arrangements that
provide special legal entitlements to nongovernmental persons and
copies of any such agreements or instruments; (xiii) arbitrage rebate
reports and records of rebate and yield reduction payments; (xiv)
resolutions or other actions taken by the governing body subsequent
to the date of issue with respect to such bonds; (xv) formal elections
authorized by the Code or Treasury Regulations that are taken with
respect to such bonds; (xvi) relevant correspondence, including
letters, faxes or emails, relating to such bonds; (xvii) documents
related to guaranteed investment contracts or certificates of deposit,
credit enhancement transactions, and financial derivatives entered
into subsequent to the date of issue; (xviii) bidding of financial
products for investment securities; (xix) copies of all Form 8038- Ts,
Form 8038-Rs, and Form 8038-CPs filed with the IRS and any other
forms or documents filed with the IRS; (xx) the transcript prepared
with respect to such tax-exempt governmental bonds, including but
not limited to (a) official statements, private placement documents, or
other offering documents, (b) minutes and resolutions, orders, or
ordinances or other similar authorization for the issuance of such
bonds, and (c) certification of the issue price of such bonds; and (xxi)
documents related to government grants associated with the
construction, renovation, or purchase of bond-financed facilities.
The records collected by the Finance Director shall be stored in any format
deemed appropriate by the Finance Director and shall be retained for a
period equal to the life of the tax-exempt governmental bonds with respect
to which the records are collected (which shall include the life of any bonds
issued to refund any portion of such tax-exempt governmental bonds or to
refund any refunding bonds) plus three (3) years. The Finance Director
shall also collect and retain reports of any IRS examination of the City or
any of its bond financings.
vi.Remedies. In consultation with Bond Counsel, the Finance Director
shall become acquainted with the remedial actions (including
redemption or defeasance) under Treasury Regulations, Section
1.141-12, to be utilized in the event that private business use of bond-
financed facilities exceeds the de minimus limits under Section
141(b)(1) of the Code. In consultation with Bond Counsel, the Finance
Director shall become acquainted with the Tax Exempt Bonds
Voluntary Closing Agreement Program described in Notice 2008-31,
2008-11 I.R.B. 592, to be utilized as a means for an issuer to correct
any post-issuance infractions of the Code and Treasury Regulations
with respect to outstanding tax-exempt bonds.
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vii.Continuing Disclosure Obligations. In addition to its post-issuance
compliance requirements under applicable provisions of the Code
and Treasury Regulations, the City has agreed to provide continuing
disclosure, such as annual financial information and material event
notices, pursuant to a continuing disclosure certificate or similar
document (the “Continuing Disclosure Document”) prepared by Bond
Counsel and made a part of the transcript with respect to each issue
of bonds of the City that is subject to such continuing disclosure
requirements. The Continuing Disclosure Documents are executed
by the City to assist the underwriters of the City’s bonds in meeting
their obligations under Securities and Exchange Commission
Regulation, 17 C.F.R. Section 240.15c2-12, as in effect and
interpreted from time to time (“Rule 15c2-12”).The continuing
disclosure obligations of the City are governed by the Continuing
Disclosure Documents and by the terms of Rule 15c2-12. The
Finance Director is primarily responsible for undertaking such
continuing disclosure obligations and to monitor compliance with such
obligations.
viii.Other Post-Issuance Actions. If, in consultation with Bond Counsel,
Municipal Advisor, Paying Agent, Rebate Analyst, the City Manager,
the City Attorney, or the City Council, the Finance Director determines
that any additional action not identified in this Policy must be taken by
the Finance Director to ensure the continuing tax-exempt status of
any issue of governmental bonds of the City, the Finance Director
shall take such action if the Finance Director has the authority to do
so. If, after consultation with Bond Counsel, Municipal Advisor,
Paying Agent, Rebate Analyst, the City Manager, the City Attorney,
or the City Council, the Finance Director and the City Manager
determine that this Policy must be amended or supplemented to
ensure the continuing tax-exempt status of any issue of governmental
bonds of the City, the City Manager shall recommend to the City
Council that this Policy be so amended or supplemented.
ix.Taxable Governmental Bonds. Most of the provisions of this Policy,
other than the provisions of Section 7, are not applicable to
governmental bonds the interest on which is includable in gross
income for federal income tax purposes. On the other hand, if an
issue of taxable governmental bonds is later refunded with the
proceeds of an issue of tax-exempt governmental refunding bonds,
then the uses of the proceeds of the taxable governmental bonds and
the uses of the facilities financed with the proceeds of the taxable
governmental bonds will be relevant to the tax-exempt status of the
governmental refunding bonds. Therefore, if there is any reasonable
possibility that an issue of taxable governmental bonds may be
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refunded, in whole or in part, with the proceeds of an issue of tax-
exempt governmental bonds then, for purposes of this Policy, the
Finance Director shall treat the issue of taxable governmental bonds
as if such issue were an issue of tax-exempt governmental bonds and
shall carry out and comply with the requirements of this Policy with
respect to such taxable governmental bonds. The Finance Director
shall seek the advice of Bond Counsel as to whether there is any
reasonable possibility of issuing tax-exempt governmental bonds to
refund an issue of taxable governmental bonds.
x.Qualified 501(c)(3) Bonds.If the City issues bonds to finance a
facility to be owned by the City but which may be used, in whole or in
substantial part, by a nongovernmental organization that is exempt
from federal income taxation under Section 501(a) of the Code as a
result of the application of Section 501(c)(3) of the Code (a “501(c)(3)
Organization”), the City may elect to issue the bonds as “qualified
501(c)(3) bonds” the interest on which is exempt from federal income
taxation under Sections 103 and 145 of the Code and applicable
Treasury Regulations. Although such qualified 501(c)(3) bonds are
not governmental bonds, at the election of the Finance Director, for
purposes of this Policy, the Finance Director shall treat such issue of
qualified 501(c)(3) bonds as if such issue were an issue of tax-exempt
governmental bonds and shall carry out and comply with the
requirements of this Policy with respect to such qualified 501(c)(3)
bonds.
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9.ACCOUNTING, AUDITING, AND FINANCIAL REPORTING
POLICY
A.Purpose
The key to effective financial management is to provide accurate, current, and
meaningful information about the City’s operations to guide decision making and
enhance and protect the City’s financial position.
B.Po
licy
i.The City’s accounting system will maintain records on a basis consistent
with generally accepted accounting standards (GAAP) and principles for
local government accounting as set forth by the Government Accounting
Standards Board (GASB) and in conformance with the State Auditor’s
requirements per State Statutes. This allows for the modified accrual
basis of accounting for populations exceeding 2,500, or cash basis for
smaller communities.
ii.The City will establish and maintain a high standard of accounting
practices.
iii.The City will follow a policy of full disclosure written in clear and
understandable language in all reports on its financial condition.
iv.The Finance Department will provide timely monthly and annual financial
reports to users.
v.An independent public accounting firm will perform an annual audit and
issue an opinion on the City’s financial statements.
vi.Annually the City Council and staff will meet with the Auditors to review
the audit report.
vii.Periodic financial reports on budget performance will be provided to the
City Council monthly.
viii.The City shall annually submit the Comprehensive Annual Financial
Report (ACFR) to the Government Finance Officers Association (GFOA)
for the purpose of earning the Certificate of Achievement for Excellence
in Financial Reporting.
ix.The City’s ACFR shall be made available to citizens and the general
publicupon request and on the City’s website. The City shall strive to
maintain full transparency and accountability of all of its financial
resources and assets.
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x.The City Council may appoint an audit committee for the purpose of
providing independent review and oversight of the City’s financial
reporting processes, framework of internal control, and independent
auditors. The Committee will consist of the City Manager, Finance
Director, and two members of the City Council. The Committee will
establish guidelines for operation and scope of work.
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10.RISK MANAGEMENT POLICY
A.Purpose
A comprehensive risk management plan seeks to manage the risks of loss
encountered in the everyday operations of an organization. Risk management
involves such key components as risk avoidance, risk reduction, risk
assumption, and risk transfers through the purchase of insurance. The purpose
of establishing a risk management policy is to help maintain the integrity and
financial stability of the City, protect its employees from injury, and reduce
overall costs of operations.
B.Policy
i.The City will maintain a risk management program that minimizes the
impact of legal liabilities, natural disasters or other emergencies through
the following activities:
a.Loss prevention - prevent losses where possible.
b.Loss control - reduce or mitigate losses.
c.Loss financing - provide a means to finance losses.
d.Loss information management - collect and analyze data to make
prudent prevention, control and financing decisions.
ii.The City will review and analyze all areas of risk in order to, whenever
possible, avoid and reduce risks or transfer risks to other entities. Of the
risks that must be retained, it shall be the policy to fund the risks which
the City can afford and transfer all other risks to insurers.
iii.The City will maintain an active safety committee comprised of City
employees.
iv.The City will periodically conduct educational safety and risk avoidance
programs within its various divisions.
v.The City will, on an ongoing basis, analyze the feasibility of self-funding
and other cooperative funding options in lieu of purchasing outside
insurance in order to provide the most cost-effective coverage.
vi.The Finance Director will maintain effective internal control policies
designed to help safeguard the City’s assets.
vii.Staff will report to the Council annually on the results of the City’s risk
management program for the preceding year.
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11.GRANT MANAGEMENT POLICY
A.Purpose
The purpose of this policy is to ensure that every grant application submitted by
the City for federal, state, local government, or private grant funding is
consistent with the City’s strategic priorities, and to ensure that all grantactivity
is recorded properly in the City’s financial system.
B.Definition
A grant is defined as financial assistance awarded to the City from an external
entity to carry out a public purpose, or funds that are specifically identified by
the awarding agency as a grant at the time of award. Grants may be
unrestricted or restricted for a specific purpose.
Grant agreements are legal contracts. It is the responsibility of the City to carry
out grant activities to accomplish specific objectives, while adhering to
regulatory and budgetary terms and conditions prescribed by the grantor.
C.Types of Grants
i.Block Grants – a broad intergovernmental transfer of funds or other resources
by the federal government to state or local governments for specific activities
such as secondary education or health services, but with few restrictions
attached. Block grants are distributed according to legal formulas defining broad
functional areas such as health, income security, education or transportation.
ii.Competitive (Discretionary) Grants – an award of financial assistance in the
form of money, or property in lieu of money, often by the federal government to
an eligible grantee, usually made on the basis of a competitive review process.
iii.Conditional Grant – involves one grantor seeking the involvement of recipients
by making their grant (only a part of the total costs of a project) conditional upon
the remainder of the cost being funded from another source.
iv.Cooperative Agreement – a variation of a discretionary grant, awarded by a
Federal, State or other agency when it anticipates having substantial
involvement with the grantee during the performance of a funded project.
v.Entitlement Grant – a grant awarded by the federal, State or other agency
based on a formula as prescribed by legislation or regulation.
vi.Formula Grant – a grant that the federal agency is directed by Congress to
make to grantees, for which the amount is established by a formula based on
certain criteria that are written into the legislation and program regulations.
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vii.Pass-Through Grant – grant funds received from one grantor but passed
through another grantor or funding source which are typically federal in nature.
viii.R
eimbursement Grant – a type of funding program under which the grantee is
reimbursed by the grant for qualifying expenditures already incurred, as
specified in the terms of the grant agreement for such a program.
ix.Advance Grant – a grant made where funding is provided before expenditures
are incurred. The City generally prefers reimbursement grants.
x.State Grant – a grant made by the State of MinnesotaGovernment.
xi.Federal Grant – a grant made by the US Federal Government.
D.Approval
Personnel administering federal grants must be familiar with the requirements
of 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for federal awards.
The department applying for the grant award must seek prior approval from the
City Council if the grant requires one or more of the following:
i.The C
ity is the fiscal agent;
ii.There is a non-budgeted City match component to the grant;
iii.The grant funding proposal requires new full or part-time employees;
iv.The grant requires the Mayor’s signature.
E.Subrecipient Monitoring
The City may seek outside assistance to fulfill grant objectives through a
subcontract or sub award. City departments must comply with the City’s
procurement policy for the purchase of materials, supplies or equipment with
grant funds. The City may require on-site visits, risk assessments, limited scope
audits, and a review of internal controls to provide reasonable assurance over
funds being disbursed to subrecipients.
F.Pr
ocedures
i.Th
e City will aggressively pursue all available grant opportunities. Each
grant shall be evaluated on the long-term financial impact to the City.
The City will only accept grants for one-time or capital items or when the
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continued funding of the program can be incorporated into the City’s
future budgets.
ii.Al
l grants and other federal and state funds shall be managed to comply
with the laws, regulations, and guidance of the grantor.
iii.The wishes and instructions of the donor will be strongly considered
when managing and expending gifts and donation.
iv.T
he Finance Department must be notified of all grant applications prior
to submission of the grant application. The Finance Department must
also be notified of all related requests for reimbursement at the time of
request.Departments receiving a grant award shall forward an electronic
copy of the award notification, the grant agreement or contract, and any
related documentation to the Finance Department.
v.Dun & Bradstreet (D&B) issues a D-U-N-S number, a unique nine-digit
identification number that is required to apply for federal government
contracts or grants. As needed, departments may obtain the D-U-N-S
number from the Finance Department. Additionally, the Finance
Department is responsible for maintaining the System for Award
Management (SAM), which is required to apply for federal grants.
vi.G
rant funds shall not be disbursed until the grant has been approved by
the appropriate level of authority, the proper accounting structure has
been established, and required documentation is complete.
vii.Property and equipment acquired through grant funds shall follow the
grantor and City policies and procedures for capital assets.
viii.Compensation for personnel services on federal grants must comply with
2 CFR 200.430 and be based on documented payroll using system
approved timesheets as supporting documentation.
ix.Grant expenditures must be allowable, reasonable, and have adequate
documentation to support charges to the grant. Documentation of
eligible expenditures may include invoices, timesheets, and receipts.
Proof of payment of expenditures may include credit card receipts,
cancelled checks, bank statements, or other proof that complies with
federal and state audit standards.
x.Depar
tments receiving grant funding are responsible for ensuring reports
are submitted by the deadlines in the grant agreement.
xi.Departments must ensure they comply with records retention
requirements specified by the grantor.
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G.Federal Purchasing Policy
This Purchasing Policy was developed to comply with CFR Title 2, Subtitle A,
Chapter II, Part 200: Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards ("Uniform Guidance"). This Policy
applies only to federally funded awards, both direct awards and pass-through
awards managed by the State of Minnesota. It does not apply to any other City
administered projects.
In ac
cordance with §200.324(c)(2), Uniform Guidance, the City of Maplewood
self-certifies that this Purchasing Policy meets the requirements of Subpart D of
Uniform Guidance. Maplewood also adopts the following procedures as
required by Uniform Guidance.
i.General Procurement Standards (§200.318)
a.Conflicts of Interest
No employee, officer or agent of the City of Maplewood may participate
in the selection, award, or administration of contracts supported by
federal funds if there exists a real or apparent conflict of interest. A
conflict of interest is defined as when an employee, officer, or agent, any
member of his or her immediate family, his or her partner, or an
organization which employs or is about to employ any of the parties
indicated herein, has a financial or other interest in or a tangible personal
benefit from a firm considered for a contract. The officers, employees,
and agents of the non-Federal entity may neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or
parties to subcontracts. Standards of conduct and disciplinary
procedures are more fully defined in the Maplewood Procurement Policy.
If the City of Maplewoodcreates or acquires a parent, affiliate, or
subsidiary entity that provides products or services to the City, an
organizational specific conflict of interest management plan shall be
developed. An organizational conflict of interest is defined as when the
City is unable or appears to be unable to be impartial in conducting a
procurement action involving a related organization due to a relationship
with a parent, affiliate, or subsidiary entity.
b.City departments should avoid purchasing duplicative or unnecessary
items, and consideration should be given to consolidating or breaking out
procurements to obtain the most cost-effective pricing. When appropriate,
an analysis will be made of lease versus purchase alternatives, and any
other appropriate analysis to determine the most economical approach.
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c.City departments are encouraged to consider using federal excess and
surplus property when reasonably available when it meets the total
requirement and when it would reduce the true total costs.
d.City departments are encouraged to enter into state and local
intergovernmental agreements or inter-entity agreements where appropriate
for procurement or use of common or shared goods and services.
e.City departments are encouraged to use value engineering clauses in
contracts for construction projects of sufficient size to reduce costs.
f.City Departments must award contracts only to responsible contractors
possessing the ability to perform successfully under the terms and
conditions of a proposed procurement. Consideration will be given to such
matters as contractor integrity, compliance with public policy, record of past
performance, and financial and technical resources. See City Procurement
Policies.
g.Subawards and contracts funded with federal funds shall not be issued to
those contractors who are debarred, suspended, proposed for debarment,
excluded or disqualified under the nonprocurement common rule, or
otherwise declared ineligible from receiving federal contracts, certain
subcontracts, and certain federal assistance and benefits. A listing of those
entities that are not allowed to do business with the federal government can
be found at https://www.sam.gov/.
h.The State of Minnesota online procurement system will be used to
maintain procurement documentation that details the rationale for method of
procurement, contract type, contractor selection or rejection, and the basis
for the contract price. All other required documentation shall be maintained
by the Finance Department.
i.Time and material contracts are prohibited unless approved in advance by
the director of the department that received federal funds. If approved, the
Director shall provide further documentation to justify the exception pursuant
to CFR §200.318 (j).
j.The Finance Department is responsible for the settlement of all contractual
and administrative issues arising out of procurements, including, but not
limited to source evaluation, protests, disputes, and claims. Such issues will
be addressed by the Maplewood Procurement Policies as applied to be
consistent with Uniform Guidance.
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k. City departments shall maintain oversight to ensure that contractors
perform in accordance with the terms, conditions, and specification of their
contracts.
ii. Competition (§200.319)
a. Contractors that develop or draft specifications, requirements, scopes of
work, or invitations for bid must be excluded from competing for such
procurements.
b. Notwithstanding Minnesota law and Maplewood local vendor preference,
selection of contractors under federal funded awards based solely on a
geographic preference is prohibited, except as provided by federal statutes.
c. All procurement transactions shall provide for full and open competition. It
is forbidden in the development of bid invitations or request for proposals to:
Place unreasonable requirements on firms to qualify to do business;
Require unnecessary experience or excessive bonding;
Allow noncompetitive pricing practices between affiliated entities;
Allow noncompetitive contracts to consultants that are on retainers;
Not mitigate or manage organizational conflicts of interest;
Specify “brand name” products without allowing for the use of “equal to”
products/services; and
Use other arbitrary practices.
d. All solicitations must:
Incorporate a clear and accurate description of the requirements
for the material, product or service to be procured;
Identify all offeror requirements; and
Document evaluation factors for selection of best overall value.
Prequalified bidders lists are not maintained by the City.
iii. Procurement Methods for Non-Emergency/Disaster Related Grants
(§200.320) – See bullet 9 below for Disaster Related Grants
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a.There are three levels of purchasing:
Sm
all purchases: Procurements up to $9,999.99. To the extent
practicable, City departments should distribute these purchases equally to
qualified firms. If the purchaser considers the price to be reasonable, i.e.
what a prudent person would pay, no competitive solicitation is required.
Simplified Purchases: Procurements from $10,000 to $24,999. City
departments shall solicit three or more offers, price or rate quotations from
qualified offerors. City departments shall maintain sufficient documentation
of the efforts to solicit said offerors. Purchase is awarded based upon best
overall value.
Standard Purchases: Procurements from $25,000 and above.
Seal
ed Bids: City departments shall not use sealed bidding
procedures unless approved in advance by the City Manager. If
approved, further policy documentation will be provided.
Competitive Proposals: City departments may use competitive
proposals to acquire goods and services above the $25,000
threshold. The Citywill publicize the opportunity through the State of
Minnesota cooperative purchasing website or other method. City
departments will seek two or more qualified contractors. Each request
for proposal (RFP) must have a written method for conducting
technical evaluations and selecting the winning contractor. City
departments may consider value and quality in addition to price in
contractor selection.
Sole Source proposals: Sole source proposals may only be used
when one or more of the following circumstances below apply.
Documentation of the circumstances is required.
The i
tem is available from only a single source;
A pu
blic exigency or emergency for the requirement will not permit
a delay resulting from a competitive competition;
The federal awarding agency or pass-through entity expressly
authorizes a noncompetitive proposal in response to a written City
request; or
After solicitation of a number of sources, competition is
determined inadequate.
b.The
exception to the above three levels of purchasing is when federal
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funds are used pursuant to an emergency or major disaster as defined
in 42 U.S.C. § 5122 or pre-disaster hazard mitigation as defined in 42
U.S.C. § 5133. The following requirements will be adhered to, consistent
with any future amendments to Uniform Guidance:
Allow for full and open competition;
A price and cost analysis will be conducted for procurements in excess
of $25,000 (Federal Form A);
Take all affirmative steps to solicit small, minority, and women’s
businesses;
Time and materials contracts will include a ceiling price;
Ens
ure that the required contract clauses are included;
Ver
ify that contractors have not been suspended or debarred; and
Document and maintain records for all steps of the emergency
procurement.
i.Contracting with small and minority businesses, women’s business
enterprises and labor surplus area firms (§200.321)
a.When possible, City departments should seek out qualified small and
minority businesses, women’s business enterprises, and labor surplus area
firms.
Qualified lists of small and minority businesses and women’s business
enterprises can be solicited or found at: https://www.sam.gov/
b.When economically feasible, City departments should divide requirement
into smaller tasks or quantities to permit maximum small and minority
businesses and women’s business enterprise participation.
c.When appropriate, establish delivery schedules that encourage small and
minority businesses and women’s business enterprise participation.
d.When appropriate, use the services and assistance of agencies that
advocate for small and minority businesses.
e.Require prime contractor, if subcontracts are to be let, to take the above-
listed affirmative steps (a through d).
f.When soliciting a purchase funded by a federal grant, the minority and
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women business enterprise option must be demonstrated.
v.Contract Cost and Price (§200.323)
a.In all Standard Purchases, as defined in §3.a.iii, the Citydepartment must
perform an independent cost or price analysis before receiving bids or
proposals. See attached Federal Form A, Cost and Price Analysis Form.
b.In all Standard Purchases, as defined in§3.a.iii, the City department must
negotiate profit as a separate element of the price. In determining reasonable
profit, consideration must be given to the:
wo
rk complexity,
contractor risk,
contractor investment,
subcontracting efforts,
past performance, and
industry profit rates for the surrounding area for similar work.
c.In all cases, costs or prices in any resulting procurement must be allowable
under Subpart E of the Uniform Guidance.
d.The cost plus a percentage of cost and percentage of construction cost
methods of contracting must not be used.
vi.Federal Awarding Agency or Pass-through Entity Review (§200.324)
a.The City of Maplewoodshall provide this Policy and referenced
documentation to a federal agency or pass-through entity, if requested, as
evidence of the City’s compliance.
b.As self-certified in the preamble to this Policy, this Policy meets the
requirements of §200.324 and Maplewood is therefore exempt from the pre-
procurement review in paragraph (b) of said section.
vii.B
onding Requirements (§200.325)
a.In c
ases of construction or facility improvement contracts, the City department
shall determine whether the Federal agency or pass-through entity will accept
the City’s bonding requirements. If not, the minimum requirement is:
A bid guarantee from each bidder equivalent to five percent of the bid
price.
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A performance bond on part of the contractor for 100 percent of the
contract price.
A payment bond for 100 percent of the contract price.
viii.Contract Provisions (§200.326)
a.The attached provisions found in Appendix II to Part 200-Contract Provisions
for Non-Federal Entity Contracts under Federal Awards will be referenced in
any applicable contracts.
ix.Disaster Relief Grants
To ensure the proper and efficient process of specific governmental functions
relating to the procurement transactions, contracts, purchasing cards limits and
approval authority for allocation of funds when required during an
emergency/disaster situation.
An emergency/disaster may create the immediate and serious need for
supplies, equipment, materials, and services that cannot be met through normal
procurement methods; and the lack of which would threaten the function of City
government, or the health, safety or welfare of City residents. A need for an
emergency procurement shall waive all existing procurement requirements and
shall be limited only to the quantity of those supplies, equipment, materials, or
services necessary to meet the emergency/disaster. All emergency
procurement shall be made with as much transparency and competitive bid
process as is practical under the circumstances.
An emergency/disaster may create the immediate need for contracted services
or other resources that cannot meet all the requirements of the City’s
Purchasing Policy. Under emergency/disaster circumstances, the inability to
have a contract or agreement would threaten the operation of City government,
or the health, safety and welfare of City residents. The normal City Purchasing
Policy requires that contracts and agreements receive legal and fiscal review
and approval prior to execution. This would still apply to the extent possible but
could be waived if critical to ensure the success of the management of the
emergency/disaster incident.
Based on the special circumstances associated with emergency/disaster
grants, spending limits and approval authority shall follow the purchase
threshold levels as adopted by federal regulations.
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Appendix II to 2 CFR Part 200—Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards
In ad
dition to other provisions required by the federal agency or non-federal
entity, all contracts made by the non-federal entity under the federal award must
contain provisions covering the following, as applicable.
(A)Contracts for more than $150,000, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where
contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate.
(B)All contracts in excess of $10,000 must address termination for cause and
for convenience by the non-Federal entity including the manner by which it will
be effected and the basis for settlement.
(C)Equal Employment Opportunity. Except as otherwise provided under 41
CFR Part 60, all contracts that meet the definition of “federally assisted
construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity
clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order
11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor.”
(D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
federal program legislation, all prime construction contracts in excess of $2,000
awarded by non-federal entities must include a provision for compliance with
the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented
by Department of Labor regulations (29 CFR Part 5, “Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing
wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week.
The non-federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all
suspected or reported violations to the Federal awarding agency. The contracts
must also include a provision for compliance with the Copeland “Anti-Kickback”
Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
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Financed in Whole or in Part by Loans or Grants from the United States”). The
Act provides that each contractor or subrecipient must be prohibited from
inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-Federal entity must report all suspected or
reported violations to the Federal awarding agency.
(E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the non-federal entity in excess of
$100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of
pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
(F)Rights to Inventions Made Under a Contract or Agreement. If the federal
award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and
the recipient or subrecipient wishes to enter into a contract with a small business
firm or nonprofit organization regarding the substitution of parties, assignment
or performance of experimental, developmental, or research work under that
“funding agreement,” the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts
and Cooperative Agreements,” and any implementing regulations issued by the
awarding agency.
(G
)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of
amounts in excess of $150,000 must contain a provision that requires the non-
federal award to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
(H)Debarment and Suspension (Executive Orders 12549 and 12689)—A
contract award (see 2 CFR 180.220) must not be made to parties listed on the
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government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each
tier certifies to the tier above that it will not and has not used federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection
with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds
that takes place in connection with obtaining any federal award. Such
disclosures are forwarded from tier to tier up to the non-federal award.
(J)A n
on-federal entity that is a state agency or agency of a political subdivision
of a state and its contractors must comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247
that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement
of recovered materials identified in the EPA guidelines.
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Federal Form A
City of Maplewood Cost and Price Analysis Form
Ins
tructions: Use this form to perform a cost and price analysis for each federal
or federal pass-through procurements that are in excess of$25,000 for each
offeror, including sole source procurements.
1.Offeror Information:
Offer
or Name:__________________________________________________
Goods or services to be acquired: _______________________________
Tot
al Offeror Cost: $____________
Mapl
ewood Proposal Number Reference: ____________________________
2.Cost Analysis:
a.A
re the costs reasonable?
Reasonable is generally defined as what a prudent business would pay in a
competitive marketplace. A cost can be allowable and allocable, and still not be
what a prudent businessperson would pay (e.g., first class airfare).
___ Yes ___ No
If no, list the reason below:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
__________________________________
b.Are the costs necessary?
Direct cost elements should be necessary to perform the work. A cost may be
allowable under the cost principles and even allocable to the type of work to be
performed, but still not be necessary for the specific contract.
___ Yes
___ No
If
no, list the reason below:
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______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
c.Ar
e pre-negotiated rates used?
Does the offeror use audited or pre-negotiated indirect cost (e.g., overhead)
rates, labor and fringe benefit rates, or other factors.
___ Yes ___ No
Notes:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
__________________
d.Can the offeror contain costs from escalating?
Does the offeror have a track record of containing costs?
___ Yes ___ No
No
tes:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
__________________________________
e.A
re cost changes likely?
Is
there any indication that the costs are likely to increase or decrease over the
life of the contract?
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___ Yes ___ No
Notes:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
3.Cost Comparison:
If
possible, after completing the cost analysis, compare:
i.The of
feror’s costs with actual costs previously incurred by the same
offeror for the same or similar work. If it is a repetitive type of work or
service, how much has it cost in the past. Apply any appropriate inflation
factors for past work.
ii.Actual costs of previous the same or similar work performed by other
contractors.
ii
i.Previous cost estimates from the offeror or other offerors for the same
or similar items.
iv.The methods proposed by the offeror with the requirements of the
solicitation (i.e., do the costs reflect the technical approach proposed and
the work required?).
4.Overall Contractor Analysis:
__ Yes or__ No: Are the costs provided in the offeror’s proposal acceptable?
5.Signature and Date:
I certify that the foregoing information is true and correct to the vest of my
knowledge and belief. I further certify that I have determined that the costs or
prices proposed are necessary, fair and reasonable.
Analyzer Name: ___________________________________________
Analyzer Signature: ________________________________________
Date of Analysis: ___/_____/_____
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12. PUBLIC PURPOSE EXPENDITURE POLICY
A. Purpose
The City Council recognizes that public funds may only be spent if the
expenditure meets a public purpose and the expenditure relates to the
governmental purpose for which the City of Maplewood was created.
The meaning of “public purpose” is constantly evolving. The Minnesota
Supreme Court has followed a broad approach and has generally concluded
that “public purpose” means an activity that meets ALL of the following
standards:
The activity will primarily benefit the community as a body.
The activity is directly related to functions of government.
The activity does not have as its primary objective the benefit of a
private interest whether profit or not-for-profit.
This policy is intended to provide guidelines regarding which expenditures
are for public purposes and authorized in accordance with the City’s annual
budget process, and which expenditures are not considered fallingwithin the
public purpose definition and are therefore not allowed. There is a public
benefit in ensuring high employee productivity and morale.
B. Responsibility
The City Manager is the responsible authority overseeing all City
expenditures and as such is the chief purchasing agent for the City.
Responsibility for administering this Public Purpose Expenditure Policy has
been delegated to the Finance Department. Further, all officers and
employees authorized by their Department to make purchases for the benefit
of their respective departments are responsible for complying with this policy
and corresponding procedures.
C. Policy
Expenditures of public funds must comply with the public purpose standards
defined above. When reviewing an expenditure to verify the standards have
been met, the City Manager, or his/her designee, should consider the time
of day the event is held, the business purpose of the event, whether the
event was intended to attract non-City employees, the frequency of the
event, and the reasonableness of the cost. The following guidelines address
specific examples of public expenditures, but examples are not meant to be
all-inclusive.
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i.Examples of Permitted Expenditures for Meals and
Refreshments
Us
e of City funds in reasonable amounts for meals and/or
refreshments for elected and appointed city officials and employees
are permitted in the following circumstances, with Department Head
approval:
City-sponsored events of a community-wide interest where staff
th
are required to be present (e.g., 4 of July Festival, National Night
Out, Citizens Police Academy).City council, boards and
commissions meetings held during or adjacent to a meal hour.
Meetings related to City business at which the attendees include
non-city representatives.
Professional association meetings, conferences and training
when meals are included as part of the registration or program
fee, or in accordance with the travel policy.
Election judge training meetings.
Annual employee recognition and appreciation events (e.g.,
service awards, de minimis food and beverage, employee
Christmas breakfast.
Annual recognition events for volunteer and non-employees (e.g.,
annual fire department banquet and volunteer appreciation lunch).
Fire department meetings and in-house training sessions.
Multi-departmental meetings scheduled during or adjacent to a
meal hour when no other meeting time is available.
Work activities requiring continuous service when it is not possible
to break for meals (e.g., election days, water main breaks,
emergency snow removal, time-sensitive public safety
responses).
Healthy snacks and incentives of moderate value provided to
attendees of safety, health, and wellness programs for City
employees.
Events recognizing completion of a significant work-related
project (City Manager approval required).
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ii.Examples of Other Permitted Expenditures
Up to $300 may be used toward a retirement or farewell
recognition event when an employee retires or resigns after a
minimum of 10 years with the City. The funds may be used for a
cake, beverages, decorations, and a plaque. The funds may not
be used for a gift.
Uniforms, clothing or apparel that is considered necessary for
safety or for visible staff recognition by the public (e.g. safety
footwear and eyewear for maintenance personnel, shirts
purchased to identify staff leadership status at events).
Staff time and equipment use for city sponsored employee events
as approved by City Council and/or City Manager as allowed by
state statute (e.g. set-up for annual employee picnic).
City expenditures for non-profit organizations allowed by state
statute.
iii.Prohibited Expenditures
Use of City funds for meals and/or refreshments for elected and
appointed City officials and employees are prohibited:
Food and refreshments for routine work meetings.
Alcoholic beverages.
Employee functions or celebrations that are solely social in nature
(e.g., birthdays, holiday luncheon, ice cream social).
Fundraisers for non-City related events (e.g., Chamber of
Commerce).
Participation in optional activities unless included as part of an
overall conference registration fee (e.g. optional golf rounds,
sporting events, concerts).
Employee-sponsored fundraising events (e.g., charitable giving
campaign).
For funeral flower arrangements upon death of an employee,
elected official, or one of their immediate family members.
Clothing or apparel that is not considered necessary for safety or
for visible staff recognition by the public (e.g. sweatshirts for a job
well done, departmental shirts given to staff to promote team
spirit).
Employee coffee, supplies, kitchen utensils, and coffee services.
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iv.Permitted Use of Assets
Specific City assets such as equipment may be used by City
employees for personal reasons only when City management has
established the following:
Costs and wear resulting from use of the assets are reasonable
and minimized.
Administrative controls are in place to ensure that the use is
appropriate and not abused.
There is a documented/demonstrated City benefit by such usage
(e.g. such as the Mobile Device Policy or Information Security
Policy) as approved by the City Manager.
Such permitted use may include:
Incidental and de minimis use of City-owned electronic equipment
such as City-owned mobile devices, tablets, copiers, etc. as
specifically covered under other City policies.
Incidental and de minimis use of non-motorized tools, such as
hammers and wrenches.
v. Prohibited Use of Assets
Examples of use of City assets for personal use is prohibited in the
following circumstances:
City employees washing personal autos at the public works facility
car wash.
Employees borrowing City-owned non-motorized or motorized
tools for personal use.
vi. Documentation
All expenses allowed above must be fully documented. The expected
documentation will include: date and time of the event, business
reason for the event (agenda from a meeting is sufficient), staff and
non-city representatives in attendance, and a receipt for the actual
purchase. Supervisor approval and written documentation is required
for use of City assets. Failure to provide sufficient documentation may
result in a denial of the expense.
Any expenditure for meals or refreshments that exceeds $250 for one
event must have prior, written authorization by the Department Head,
before the purchase is made. Any expenditure for meals or
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refreshments that exceeds $500 for one event must have prior,
written authorization by the City Manager, before the purchase is
made. Failure to obtain the necessary authorization may result in
denial of the claim.
vii.Special Requests
From time to time, there may be an event that is a proper public
expenditure, but that is not contemplated by the policy above.
Departments may submit to the City Manager, or the City Manager’s
designee, a request for such a public expenditure in writing. This
request must show how the expenditure is related to a public purpose
as stated in the Purpose section above. Only expenditures that meet
all of the findings in the Purpose section above may be approved.
viii.P
eriodic Review
This policy shall be reviewed at least once every five years by the City
Manager or designee.
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13.CAPITAL ASSETS POLICY
A.Purpose
It is essential for financial reporting and cost accounting purposes that City
departments follow a uniform policy for capitalizing expenditures. Capital
expenditures are used to acquire assets or improve the useful life of existing
assets. The purpose of the capital assets policy is to provide a plan for the
replacement and purchase of capital assets without significantly impacting the
annual property tax levy.
B.Capitalization Thresholds
The City will maintain a schedule of individual capital assets with values in
excess of the amounts shown below and an estimated useful life of greater than
two years:
Asset Type Threshold
Land and land improvements Always
Construction in Progress Always
Easements $ 50,000
Buildings and building improvements $ 50,000
Infrastructure $100,000
Machinery and Equipment$ 10,000
Intangible Assets $ 50,000
Capital Leases $ 15,000
SBITAs $ 15,000
Grouped Assets $ 15,000
Capital assets purchased through the issuance of debt should be capitalized
and depreciated over their estimated useful life, regardless of cost.
C.Recording Capital Assets
Capital assets should be recorded and reported at historical cost. When the
historical cost of a capital asset is not practicably determinable, the estimated
historical cost of the asset should be determined by appropriate methods.
Estimated historical cost should be identified in the records, including the basis
of determination. Donated capital assets should be recorded at fair value at the
time of acquisition.
D.Contributed (Donated) Capital
Acceptance of contributions of capital assets shall be in accordance with
applicable Minnesota Statutes and shall be approved by the City Council.
Contributed capital assets should be recorded and depreciated in the same
manner as all other capital assets. In addition, capital assets acquired through
contribution from an outside source should be identified in the records of the
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City, including documentation of the actual or estimated value and the basis of
determination. For financial reporting purposes, depreciation for contributed
capital shall be recorded separately from depreciation on other capital assets.
E.Intangible Assets
Intangible assets possess three characteristics:
Lack of physical substance,
Initial useful life in excess of one year, and
Nonfinancial in nature.
Examples of intangible assets include easements, land use rights, patents,
trademarks, copyrights, or software that is purchased, licensed or internally
generated.
An intangible asset should be recognized in the statement of net position only if
it is identifiable. This means that the asset can either be:
Sold, transferred, licensed, rented or exchanged, or
Arose from contractual or other legal rights, regardless of whether those
rights are transferable or separable.
Donated intangible assets should be recorded at the fair market value as of the
donation acceptance date.
F.Improvements
The Citywill maintain its assets to protect its capital investment and to minimize
future capital expenditures.
Capital asset improvement costs should be capitalized if:
The costs exceed the capitalization threshold, and
One of the following criteria is met:
The value of the asset or estimated life in increased by 25% of the
original cost or life period, or
The cost results in an increase in the capacity of the asset, or
The efficiency of the asset is increased by more than 10% of its
current value.
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Otherwise the cost should be classified as a repair and maintenance expense
under the appropriate department and expense category.
G.Depreciating Capital Assets
Capital assets will be depreciated over their estimated useful lives unless they
are:
Inexhaustible (i.e., land and land improvements, certain works of art and
historical treasures, or
Construction work in progress.
For
financial reporting purposes, the straight-line method will be used to
calculate depreciation with no salvage value. No depreciation will be taken in
the year of acquisition and a full year of depreciation will be taken in the year of
retirement.
For depreciation purposes, the following guidelines will be used to estimate the
useful life of the asset:
Buildings and Building Improvements Useful Life
Buildings – wood frame 30 years
Buildings – brick/block50 years
Buildings – temporary/portable 20 years
Roofing20 years
Siding 20 years
HVAC/Plumbing/Electrical systems20 years
Fire suppression systems10 years
Security systems 10 years
Cabling 10 years
Flooring 10 years
Elevators20 years
Windows 15 years
InfrastructureUseful Life
Streets, including curb and gutter 30 years
Storm drain systems30 years
Parking lots 25 years
Sidewalks 25 years
Pedestrian bridges 25 years
Dams 40 years
Paved trails 25 years
Street lights 25 years
Water/Sewer mains and lines 50 years
Water storage facilities 50 years
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Water supply facilities40 years
Lift stations 30 years
Other ImprovementsUseful Life
Fencing and gates 10 years
Outside sprinkler systems 20 years
Athletic fields, bleachers25 years
Septic systems 20 years
Swimming pools20 years
Tennis and basketball courts 25 years
Fountains20 years
Retaining walls 20 years
Outdoor lighting 20 years
Monuments 10 years
Traffic signals 20 years
Light poles20 years
Landscaping and trees 20 years
Boat launch pads 25 years
Equipment, Machinery and Vehicles Useful Life
Appliances5 years
Audio/Visual equipment 5 years
Business machines/office equipment 5 years
Radio and communications equipment5 years
Computer equipment/software 3 years
Furniture and cabinets 10 years
Water softeners/heaters 5 years
Grounds equipment – mowers, etc.3 years
Machinery7 years
Tools5 years
Playground equipment 10 years
Photocopiers3 years
ATV’s and snowmobiles 3 years
Motor vehicles –cars, light trucks5 years
Light equipment 5 years
Street sweeper 5 years
Heavy trucks 10 years
Heavy equipment – loaders, graders 10 years
H.Historical Treasures and Works of Art
Historical treasures and works of art are items which are considered
inexhaustible and held for public exhibition, educational purposes, or research
in enhancement of public service instead of financial gain. Examples are
paintings, sculptures, photography, maps, manuscripts, musical instruments,
recordings, film, furnishings, artifacts, tools, weapons, and other memorabilia.
These items are generally considered inexhaustible and are, therefore, not
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depreciated.
14.PROCUREMENT POLICY
A.Purpose
The purchasing procedures are required because they:
1.Ensure purchases conform to legal requirements;
2.Prevent expenditures from exceeding the budget;
3.Provide proper documentation for purchases;
4.Prevent payment for items not received;
5.Ensure accurate accounting;
6.Provide payment of all bills within 35 days of receipt; and
7.Prevent duplicate payments on the same invoice.
All purchasing by local government units is regulated by State law. Because of these laws and
because of the unique nature of budget and tax levy procedures for funding City government, all
City employees must conform to these purchasing policies and procedures. The Finance
Department will review and approve all purchases and employee reimbursements and will ensure
that all purchases and payments are legal, properly coded, and well documented.
If the purchase is over $50,000 Council approval is required prior to the purchase. However,
Council approval is not required on purchases over $50,000 for postage, ATM funds, regular
utility bills, insurance premiums, payments due to other units of government or payments
required to be made before the next regular meeting of the Council to avoid endangering
public safety, damaging public or private property, or interrupting City services.
For purchases between $50,000 and $174,999, the City Manager or designee will determine
if the purchase will need to be made on a formal bid basis and meet all procedural
requirements or if it will require two or more written quotations from prospective vendors.
All purchases of merchandise, materials, equipment, and repair or maintenance services totaling
$175,000 or more (except emergency purchases and purchases made using cooperative
purchasing) must be purchased on a formal bid basis and meet all procedural requirements.
The Council must approve all bid awards.
All purchases must be handled through use of appropriate procedures and forms.
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PROCEDURES FOR PURCHASES UNDER $50,000
Generally, these purchases will be of materials, supplies, and equipment for day-to-day use.
Purchases of food including meals, snacks and beverages for city employees is not allowed for
department meetings or in-house training sessions unless there is a speaker or trainer who is not
a city employee. Excluded from this limitation are purchases of food for (a) City Council meetings
held at meal time, (b) employee recognition events such as the employee Christmas breakfast
and city employee picnic/social event/holiday event, (c) training of election judges, (d) Fire
Department meetings and in-house training sessions or (e) as approved in advance by the City
Manager.
The City of Maplewood may contribute up to $300 toward a retirement or farewell recognition
event when an employee retires or resigns after a minimum of 10 years with the City. The money
may be used for a cake, beverages, decoration and a plaque of appreciation for the promotion of
the City. The money may not be used for a gift. Gifts must be paid for by contributions by other
employees. Individual departments are responsible for organizing and communicating farewell or
retirement parties. The expense will be charged to the Administrative Division of the department
in which the person was employed.
Only one verbal quotation is required; however, the purchase is to be at the
best possible price. These purchases should be processed on a VISA
purchasing card whenever possible. If the vendor will not accept a purchasing
< $10,000 card, then it should be processed on a Payment Authorization form unless a
purchase order is required, in which case a requisition is prepared. The form
must be signed by an authorized purchaser with the appropriate purchase
limits.
Verbal quotations should be obtained from at least two possible vendors and
$10,000
those quotations should be listed on the Payment Authorization or requisition
to
which is submitted for approval. The form must be signed by an authorized
$29,999
purchaser with the appropriate purchase limits.
A minimum of two written quotations should be obtained whenever possible
$30,000
and attached to the appropriate forms which are submitted for approval. The
to
form must be signed by an authorized purchaser with the appropriate purchase
$49,999
limits.
PROCEDURES FOR PURCHASES FROM $30,000 TO $49,999
1.Obtain quotations by supplying prospective vendors with a description or specifications of the
merchandise, materials, equipment, or services to be purchased. A minimum of two (2) written
quotations, whenever possible, shall be supplied for such purchases. If two quotations cannot
be obtained, an explanation must be included as to the reason for only one bid.
2.If the purchase is over $50,000 Council approval is required before the purchase can be made.
To obtain Council approval, an agenda report must be prepared and submitted to the City
Council. For details on this procedure, see your department head or supervisor.
3.Prepare the requisition form according to the requisition form procedures if the transaction is
not eligible for processing on a payment authorization form. The quotations are to be attached
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to the requisition or payment authorization form and be maintained as part of the City's
records.
PROCEDURES FOR PURCHASES FROM $50,000 TO $174,999
The City Manager or his/her designee will make the determination if the purchase needs to
be made on a formal bid basis or if the purchase can be made by obtaining a minimum of two
written quotations.
If two or more written quotations are required:
1.Obtain quotations by supplying prospective vendors with a description or specifications of the
merchandise, materials, equipment, or services to be purchased. A minimum of two (2) written
quotations, whenever possible, shall be supplied for such purchases. If two quotations cannot
be obtained, an explanation must be included as to the reason for only one bid.
2.If the purchase is over $50,000 Council approval is required before the purchase can be made.
To obtain Council approval, an agenda report must be prepared and submitted to the City
Council. For details on this procedure, see your department head or supervisor.
3.Prepare the requisition form according to the requisition form procedures if the transaction is
not eligible for processing on a payment authorization form. The quotations are to be attached
to the requisition or payment authorization form and be maintained as part of the City's
records.
If a formal bid basis is required:
1.It is the responsibility of the requesting department to prepare specifications. After
specifications have been prepared, they shall be submitted to the City Manager for approval.
No advertisement for bids shall be published until specifications are approved by the City
Manager.
2.Advertisement in the official local newspaper (and other publications if appropriate) at least
ten (10) days in advance of bid opening is required. The City may use its web site or a
recognized industry trade journal as an alternative method to disseminate solicitations of bids,
requests for information, and requests for proposals if certain steps are followed to designate
the method (MN Stat. 331A.03, subd. 3).
3.Time must be allowed between the date of bid opening and bid award to permit examination
and tabulation of bids and submission of recommendation to the City Manager and Council.
4.Council award of bid. The Council may wish to table an award on a difficult matter, thereby
delaying the purchase. Therefore, careful consideration must be given to the complexity of an
item and thorough information must be provided.
5.Once the Council has awarded the bid, a requisition form must be prepared by the department
head with a notation indicating the date that the City Council approved the bid award. Also, a
copy of the agenda report must be attached to the requisition. For construction contracts, a
payment authorization form should be completed, instead of a requisition, each time an
application for payment is ready to be processed.
If the item will be purchased using cooperative purchasing, Council approval is required before
the purchase can be made. To obtain Council approval, an agenda report must be prepared and
submitted to the City Council. For details on this procedure, see your department head or
supervisor.
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PROCEDURES FOR PURCHASES $175,000 AND OVER
All merchandise, materials, or equipment purchases totaling $175,000 or more (except
emergency purchases and items purchased using cooperative purchasing) must be purchased
on a formal bid basis. The following procedural requirements must be met before an item may be
purchased:
1.It is the responsibility of the requesting department to prepare specifications. After
specifications have been prepared, they shall be submitted to the City Manager for approval.
No advertisement for bids shall be published until specifications are approved by the City
Manager.
2.Advertisement in the official local newspaper (and other publications if appropriate) at least
ten (10) days in advance of bid opening is required for purchases less than $200,000. The
City may use its web site or a recognized industry trade journal as an alternative method to
disseminate solicitations of bids, requests for information, and requests for proposals if certain
steps are followed to designate the method (MN Stat. 331A.03, subd. 3).
3.If the purchase is $200,000 or more, the first advertisement must appear no less than twenty-
one (21) days before bid opening and the second notice shall be published between that time
and the deadline for bids. In the case of public improvement projects, publication must be
made twice in the official newspaper and twice in the “Construction Bulletin” no less than three
(3)weeks before the deadline for submission of bids for the first notice and the second notice
shall be published between that time and the deadline for bids.
4.Time must be allowed between the date of bid opening and bid award to permit examination
and tabulation of bids and submission of recommendation to the City Manager and Council.
5.Council award of bid. The Council may wish to table an award on a difficult matter, thereby
delaying the purchase. Therefore, careful consideration must be given to the complexity of an
item and thorough information must be provided.
6.Once the Council has awarded the bid, a requisition form must be prepared by the department
head with a notation indicating the date that the City Council approved the bid award. Also, a
copy of the agenda report must be attached to the requisition. For construction contracts, a
payment authorization form should be completed, instead of a requisition, each time an
application for payment is ready to be processed.
If the item will be purchased using cooperative purchasing, Council approval is required before
the purchase can be made. To obtain Council approval, an agenda report must be prepared and
submitted to the city Council. For details on this procedure, see your department head or
supervisor.
CONTRACTS
The manager is authorized to execute contracts that do not exceed $20,000 unless a lower limit
is provided by the city council; all claims resulting therefrom shall be audited and approved by
the council as provided in section 412.271. Contracts that exceed $20,000 must be approved by
the council.
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SOLE SOURCE PURCHASES
If there is no ability to solicit multiple bids, departments must demonstrate that the purchase from
a particular vendor is sufficiently justified as a sole source. Sole source means that a single
vendor is uniquely qualified to meet the department’s procurement objective. To be considered
a sole source and therefore exempt from the bid process, one of the following conditions must be
met:
1.The actual product or service needed is the only one that will meet the department’s need or
requirement, and it can only be purchased from one source (manufacturer or distributor).
2.The product or service must match or be compatible with current equipment or services.
3.The product needed is specifically required for use in conjunction with a grant or contract.
4.The service needed is controlled or mandated by the local, state, or federal government.
5.Artistic services.
6.An unusual or compelling urgency exists.
If the need meets one of the above criteria, the department can either negotiate with the vendor
directly or can request that the Finance Department negotiate with the vendor on its behalf.
PURCHASES FROM EMPLOYEE-OWNED COMPANIES
Before making a purchase in excess of $200 from, or entering into a contract with, a business
entity owned wholly, or in part, by an employee of the City of Maplewood, City employees must
obtain at least two (2) price quotes which are to be kept on file in the Finance Department for one
(1)year after receipt. On purchases under $10,000, price quotes can be copies of the latest price
listings, excerpts from current catalogs or written quotes provided by vendor. On purchases
totaling $10,000 to $49,999, there must be two written quotations from prospective vendors.
Before the purchase is made, it must be reviewed by the supervisor of the employee making the
purchase to confirm that the decision to make a purchase from, or enter into a contract with, the
business entity owned wholly, or in part, by the City employee is based on rational economic
factors including, but not limited to, price and availability of goods and services. Two price quotes
are not needed when services are purchased from an independent contractor who is a recreation
referee, official or instructor.
A business entity owned wholly, or in part, by a City employee shall be defined as: an entity
organized for profit, including an individual, sole proprietorship, partnership, corporation, joint
venture, association, or cooperative in which the City employee or a member of the City
employee’s immediate family has a financial interest excluding interests consisting solely of
publicly issued stock holdings constituting equal to or lesser than 5% of the entity’s total public
stock issue.
A member the City employee’s immediate family is defined as: the City employee’s spouse, the
City employee’s child, the City employee’s parent, or the City employee’s sibling.
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COOPERATIVE PURCHASING
Per MN Statute 471.345, subd. 15, municipalities may contract for the purchase of supplies,
materials, or equipment by utilizing contracts that are available through the state’s cooperative
purchasing venture authorized by section 16C.11.
If a municipality does not utilize the state’s cooperative purchasing venture, a municipality may
contract for the purchase of supplies, materials, or equipment without regard to the competitive
bidding requirements if the purchase is through a national municipal association’s purchasing
alliance or cooperative created by a joint powers agreement that purchases items from more than
one source on the basis of competitive bids or competitive quotations.
Cooperative purchasing is intended to save government agencies time and money when
purchasing common products. Of course, there are no guaranteed savings, but cooperative
buying power is a time-tested method of savings.
Cooperative purchasing is allowed, but not limited to,the following sources:
State of Minnesota’s Cooperative Purchasing Venture (CPV) Program
U.S. Communities Government Purchasing Alliance
National Intergovernmental Purchasing Alliance Company (National IPA)
Houston-Galveston Area Council (HGACBuy)
BuyBoard National Purchasing Cooperative
National Cooperative Purchasing Alliance (NCPA)
TCPN Cooperative Purchasing Group
The Interlocal Purchasing System (TIPS)
Savvik Buying Group (North Central EMS Cooperation)
Sourcewell (formerly NJPA)
University of Minnesota Purchasing Services
ETHICS
Ethical business standards shall govern all procurement transactions. Infractions of City policy
shall be reported to the City Manager or Human Resources Director. Disciplinary action for those
violating the City’s ethical business standards will be taken in accordance with applicable City
policies, up to an including termination of employment.
City personnel shall not solicit or accept a significant gift from a supplier or prospective supplier.
A significant gift is defined as an item, service, favor, monies, credits, or discounts not available
to others which could influence purchasing decisions, and also may include the payment of travel
costs for City personnel to visit a vendor’s location (airfare, hotel, etc.) City personnel may accept
trivial items as a matter of courtesy, but may not solicit them. Acceptance of social invitations to
occasional business meals, entertainment, and hospitality will be subject to prudent judgment as
to whether the invitation places or appears to place the recipient under any obligation, the
appropriateness of the occasion, frequency, and choice of facilities. Questions about the value
of a gift or appropriateness of an invitation should be referred to your supervisor to ensure
compliance the City’s conflict of interest policy.
It is also inappropriate for end users to make purchasing decisions based on marketing strategies
by vendors that provide gifts or gift cards which could benefit them personally. Often the pricing
offered, as well as future pricing, is much higher than pricing available through the cooperative
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purchasing contracts or other vendors. If a gift or gift card is received, it is the property of the
City.
It is the policy of the City of Maplewood that its employees conduct the affairs of the City in
accordance with the highest ethical, legal, and moral standards. An employee must not be in a
position to make a decision for the City if his or her personal, professional, or economic interests
(or those of an immediate and extended family member) may be directly influenced or affected
by the outcome.
ADVERTISING FOR BIDS
Guidelines:
All purchases $200,000 and over (except emergency purchases and items purchased using
cooperative purchasing) require solicitation and receipt of sealed competitive bids. Also, on
purchases between $50,000 and $199,999, the City Manager or his/her designee will make the
determination on whether the purchase requires solicitation and receipt of sealed competitive bids
or two or more written quotations.
Procedures:
1.Advertisement for public bids shall be placed in the City's official newspaper (or alternate
method if designated by the City) at least ten (10) working days prior to the date of bid opening.
2.If the purchase is $200,000 or more, the first advertisement must appear no less than twenty-
one (21) days before bid opening and the second notice shall be published between that time
and the deadline for bids. In the case of public improvement projects, publication must be
made twice in the official newspaper and twice in the “Construction Bulletin” no less than three
(3)weeks before the deadline for submission of bids for the first notice and the second notice
shall be published between that time and the deadline for bids.
3.The department requesting the bids will prepare the bid specification and the following must
be adhered to:
bids must be typed or written in ink;
bids must be signed in ink;
all erasures or changes must be initialed;
bids must be received no later than stated in the advertisement of bids; and,
public improvement project bids must be signed by the City Clerk.
4.The advertisement for bids will include:
date and time by which bids must be submitted;
location for delivery of bids; and
date, time, and place of bid opening.
5.Bid Security. If the purchase is $100,000 or more the bid must be accompanied by cash,
certified check, cashier’s check, or bid bond payable to the City of Maplewood in an amount
equal to five percent (5%) of the total bid, conditioned that if the bidder is the successful bidder,
he/she will enter into a contract in accordance with said bid and will furnish such performance
bonds as specified. The security of the successful bidder will be held until delivery of the goods
or services has been completed.
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6.Bids are received by the City Clerk's office.
7.Council will award the bid and the award will be based on, but not limited to, the factors of
price, delivery date, City's experience with the products/services proposed, City's evaluation
of the bidders ability to service City in terms of the requirements as called for in the
specifications, quality of merchandise offered, and analysis and comparison of specifications.
AFFIRMATIVE ACTION
The City of Maplewood is committed to developing mutually beneficial relationships with small,
minority-owned, women-owned, disadvantaged, veteran-owned, and local business enterprises.
Maplewood has developed an initiative to create opportunity for vendors to market their products
to the City and encourage departments to offer opportunities to such vendors.
TECHNOLOGY PURCHASES
All technology purchases, including hardware and software purchases and agreements, must be
reviewed and approved by the IT Director before purchasing. The IT Department will coordinate
and facilitate all technology purchases and agreements for individual departments and the
enterprise as a whole. New software and technology, providing enhanced capabilities not
previously deployed by the City, must also be approved by the City Manager. These procedures
are designed to ensure maximum efficiency of the City’s technology resources at an enterprise
level.
PROMPT PAYMENT OF CITY BILLS
State law required municipalities to pay obligations with a standard payment period except where
good faith disputes exist. A city whose council has at least one regularly scheduled meeting per
month must pay bills within 35 days of receipt. A city or joint powers organization which does not
have at least one regularly scheduled meeting per month must pay bills within 45 days of receipt.
The date of receipt is defined as the completed delivery of the goods or services or the satisfactory
installation or assembly, or the receipt of the invoice for the delivery of goods, whichever is later.
Cities have the responsibility to notify vendors of invoice errors within 10 days of receipt. The
statute also requires cities to calculate and pay interest of 1½ percent per month on bills not paid
within the standard payment period. State law specifies $10 as the minimum monthly interest
penalty payment for the unpaid balance of any one overdue bill or $100 or more. For unpaid
balances less than $100, the city shall calculate and pay the actual interest penalty due the
vendor.
In cases of delayed payments due to good faith disputes with vendors, no interest penalties
accrue. Where such delayed payments are not in good faith, the vendor may recover costs and
attorneys' fees. Statute applies to all purchases of goods, leases and rents, and contracts for
services, construction, repair and remodeling entered into on or after January 1, 1986. Purchases
or contracts for service with a public utility or telephone company are not subject to the
requirements of this statute. (Statute No. 471.425)
All City employees that receive bills should promptly send them to the Finance Department with
the appropriate forms so that they can be paid within 35 days of receipt. Checks for the payment
of bills are mailed every Tuesday. This payment processing is referred to as “regular accounts
payable processing.” All documentation for checks must be submitted to the Accounts Payable
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Technician in the Finance Department by 4:30 p.m. on Wednesdays. If payment of the bill by
regular accounts payable processing would result in a late payment charge, a special check will
be issued when requested by the department making the purchase, provided the late payment
charge is over $2.00.
STATE SALES AND USE TAX
Purchases made by cities are generally exempt from sales and use tax. To make tax-exempt
purchases, the City must provide the seller with a completed Form ST3. Use tax is similar to the
sales tax and is the same rate. The use tax must be paid when the City makes taxable purchases
without paying sales tax. An example of this would be a taxable purchase from a vendor outside
of Minnesota who does not charge the City sales tax. In this case, the City has to pay use tax to
the State of Minnesota and complete a tax return.
In order to meet this legal requirement, the department making the purchase should calculate the
use tax. Then in the coding section of the appropriate form for the purchase, the use tax amount
should be added to the same account that the purchase is coded to. In addition, the use tax
amount should also be listed in the coding section as a negative amount and coded to account
101-2031. For example, if a taxable purchase was made from an out-of-state vendor for
Department/Program 202 and no sales tax was charged, the account coding would be as follows:
$106.88101-202-000-4110
(6.88)101-2031
As a result, the vendor would be paid $100 and $6.88 would be paid to the State of Minnesota.
PURCHASE DISCOUNTS
Some vendors offer a discount of 1% to 2% for payment of their invoices within the discount
period. If this discount is over $2.00, a special check should be requested. However, occasionally
the department that purchased the goods sends the invoice and/or receipt of goods to the Finance
Department after the discount period has expired. In these cases, the purchase discount lost will
be added to the total purchase price and coded to the appropriate expenditure account.
FINAL PAYMENTS ON CITY CONSTRUCTION CONTRACTS
The State of Minnesota requires the filing of Form IC-134 prior to the final payment of any contract
involving employees under code section 270C.66 CONTRACTS WITH STATE: WITHHOLDING.
"No department of the state of Minnesota, nor any political or governmental subdivision of
the state, shall make final settlement with any contractor under a contract requiring the
employment of employees for wages by said contractor and by subcontractors until
satisfactory showing is made that said contractor or subcontractor has complied with the
provisions of section 290.02. A certificate by the commission of revenue shall satisfy this
requirement with respect to the contractor or subcontractor."
Before final payment can be made on any contract which involves the payment of wages by a
contractor of the city to any employee, or subcontractors with employees that performed work on
a job for the city, the contractor must furnish to the city a copy of Form IC-134 that has been
certified by the Minnesota Department of Revenue. These forms should be kept on file in your
department with all other contract documents for possible review by the auditors. Contractors and
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subcontractors should obtain the IC-134 forms from the State of Minnesota.
Subcontractors or sole contractors must provide their certified IC-134 form to the prime contractor
when their portion of work is completed. The prime contractor then submits all certified IC-134
forms to the City when requesting their final payment.
ENVIRONMENTAL PURCHASING POLICY
It is the policy of the City of Maplewood to shift City purchasing to the procurement of
goods and services that have a reduced effect on the natural environment and human
health when compared to competing products and services that serve the same
purpose. The policy will ensure socially-responsible procurement and the promotion of
social equity through contracts. Preference for local businesses shall be accorded to
promote businesses in the City that provide environmentally preferable products and
services.
The City will purchase goods and services that:
• are energy efficient;
• meet energy efficiency standards;
• have reduced toxicity;
• are beneficial to indoor air quality;
• conserve on water;
• have a high percentage of recycled content;
• minimize waste;
• are plant-based;
• are locally produced;
• consider the embodied energy;
• take into account the life-cycle greenhouse gas impact; and
• promote equity.
PURPOSE AND SCOPE
The purpose of this policy is to:
• minimize health risks to City staff and residents;
• minimize the City’s contribution to global climate change;
• improve air quality;
• protect the quality of ground and surface waters; and
• minimize the City’s consumption of resources and energy.
The scope of the policy applies to all City departments and employees, vendors,
contractors, and grantees for all products and services provided to the City to the
greatest extent practical.
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DEFINITIONS
“Biodegradable Products Institute or BPI” is a nonprofit compostable products
certification association.
“Buyer” means personnel authorized to purchase or contract for purchases on behalf of
the City of Maplewood.
“Certified Weed-Free” is a certification program by the Minnesota Crop Improvement
Association for weed-free forage and gravel. The certification includes a list of
standards that provide land managers assurance that noxious weeds will not be spread
through the movement of forage, hay, mulch, or gravel brought in to the property.
“Climate-Friendly Food” means food that was grown, produced, transported, and stored
with minimal impacts to the environment.
“Contractor” means any person, group of persons, business, consultant, designing
architect, association, partnership, corporation, supplier, contractors or other entity that
has a contract with the City of Maplewood or serves in a subcontracting capacity with an
entity having a contract with the City of Maplewood for the provision of goods or
services.
“Eco Logo” is a certification program for products, services and packaging that will
reduce environmental impacts. Eco Logo certification indicates a product has
undergone rigorous scientific testing, exhaustive auditing, or both, to prove its
compliance with stringent, third-party environmental performance standards including:
materials, energy, manufacturing and operations, health and environment, product
performance and use, and product stewardship and innovation.
“Electronic Product Environmental Assessment Tool or EPEAT” is a resource
maintained by the Green Electronics Council for purchasers, manufacturers, resellers
and others wanting to find or promote electronic products with positive environmental
attributes. EPEAT registered products must meet environmental performance criteria
that address materials selection, design for product longevity, reuse and recycling,
energy conservation, end-of-life management, and corporate performance.
“Energy Star” means the U.S. Environmental Protection Agency’s (EPA) energy
efficiency product labeling program.
“Energy Efficient” means a product that is in the upper twenty-five percent (25%) of
energy efficiency for all similar products, or that is at least thirty percent (30%) more
efficient than the minimum level that meets federal standards.
“Federal Energy Management Program or FEMP” is a program of the Department of
Energy that issues a series of product energy-efficiency recommendations that identify
recommended efficiency levels for energy-using products.
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“Fleet Study” means a study of vehicles used in City operations to determine vehicle
usage, run-time, idling, and fuel consumption.
“Green Seal” is an independent, non-profit environmental labeling organization. Green
Seal standards for products and services meet the U.S. EPA’s criteria for third-party
certifiers. Green Seal is a registered certification mark that may appear only on certified
products.
“Great Green Printer Certified” means a printing company that voluntarily participates in
the Printing Industry Midwest’s Great Green Printer initiative. Printers demonstrate their
commitment to minimize their impact on human health and the environment while
producing quality printed products.
“Integrated Pest Management” is an ecosystem-based strategy that focuses on long-
term prevention of pests or their damage through a combination of techniques such as
biological control, habitat manipulation, modification of cultural practices, and use of
resistant varieties. Pesticides are used only after monitoring indicates they are needed
according to established guidelines, and treatments are made with the goal of removing
only the target organism. Least toxic pest control materials are selected and applied in a
manner that minimizes risks to human health, beneficial and non-target organisms, and
the environment.
“Practical” means whenever possible and compatible with local, state, and federal law;
without reducing safety, quality, or effectiveness; where the product or service is
available at a reasonable cost in a reasonable period.
“Post-Consumer Content” means the product was manufactured with recycled material
either collected from a recycling program or waste recovered during the normal
manufacturing process.
“Recovered Material” means fragments of products or finished products of a
manufacturing process, which has converted a resource into a commodity of real
economic value, and includes post-consumer content but does not include excess
resources of the manufacturing process.
“Recycled Content” means the percentage of recovered material, including
post-consumer content materials, in a product.
“Reused” means any product designed to be used many times for the same or other
purposes without additional processing except for specific requirements such as
cleaning, painting, or minor repairs.
“Third Party Certification of Electronics Recyclers” means nationally recognized third-
party certification programs that define environmentally sound management of
electronic equipment. There are three programs that offer this certification: E-Stewards
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Standard for Responsible Recycling and Reuse of Electronic Equipment, Responsible
Recycling Practices (R2), and R2/RIOS.
“Water Sense” is a voluntary partnership program sponsored by the U.S. EPA for water-
efficient products that use twenty percent (20%) less water, save energy, and perform
as
well as or better than regular models. Examples of water sense products include spray
sprinkler bodies, irrigation controllers, bathroom sink faucets/accessories, showerheads,
toilets, and flushing urinals.
AREAS OF PURCHASING
ELECTRONICS
o Purchase information technology products that meet at least the EPEAT Bronze
rating level, across commodities for which an active EPEAT registry exists,
where practical.
o Request for Proposals and Contracts will give preference to the procurement of
environmentally preferable electronic equipment including EPEAT registered
products.
o The City will implement environmentally sound electronic equipment recycling
through Third-Party Certification of Electronics Recyclers.
ENERGY
o New and replacement equipment for lighting, heating, ventilation, refrigeration
and air conditioning systems, water consuming fixtures and process equipment
and all such components shall meet or exceed Federal Energy Management
Program (FEMP) recommended levels.
o Energy Star certified products where there is a U.S. EPA Energy Star rating.
When an Energy Star rating is not available, products shall meet or exceed the
FEMP recommended levels.
o When energy is purchased, renewable or green sources are preferred. These
include solar power or photovoltaics, community solar garden, wind power,
geothermal, and hydroelectric energy sources with a higher renewable
percentage than required by Minnesota law and do not include fossil fuels (coal,
oil or natural gas).
FLEET
o Prioritize new electric or hybrid vehicles over gas-powered vehicles.
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o Replace gas-powered vehicles with:
electric or hybrid vehicles that are suitable for each task.
the most fuel-efficient vehicles available that are suitable for each task.
o Vehicle and equipment fuels made from non-wood, plant-based contents such as
vegetable oils are encouraged and where life cycle environmental impacts are
judged to be lower than alternatives.
GREEN BUILDING - CLEANING AND MANAGEMENT
o A Green Building Code review and analysis is required for any new, expanded,
renovated, or remodeled building that is owned or financed by the City of
Maplewood. The review will ensure the building meets the City’s Green Building
Code standards as outlined in Section 12-41.
o All cleaning or products (i.e. for janitorial or automotive use) shall at a minimum
meet Green Seal or Eco Logo Standards where practical.
o Purchase products that are fragrance-free and low in volatile organic compounds
(VOC).
o If pesticides are needed for pest management in City buildings, the City will
purchase the least toxic pesticide products.
LANDSCAPING AND NATURAL RESOURCE MANAGEMENT
Plant/Seed/Forage Purchases
o Organic and/or neonicotinoid free plants and seeds shall be purchased where
practical to reduce pesticide use and protect pollinators.
o Straw and weed-free forage and mulch shall be purchased, including certified
weed-free hay.
o Plants should be selected to minimize waste by choosing species for purchase
that are appropriate to the microclimate, species that can grow to their natural
size in the space allotted them, and perennials rather than annuals for color.
Native and drought-tolerant plants that require no or minimal watering once
established are preferred.
o Only plants that are not on the Ramsey County Cooperative Weed Management
Area’s “Do Not Plant List” shall be purchased. Non-native plants that self-seed
shall be avoided, to prevent spread beyond the planting area.
Pesticides and Herbicides
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o The purchase of pesticides and herbicides shall be carefully researched to
ensure the effectiveness on the target species and appropriate rates of
application.
o Minimal amounts of pesticides and herbicides should be purchased at a time to
reduce hazards of storage and possible employee exposure.
o When considering two pesticides and herbicides to purchase that are equally
effective, the product that is the least harmful to the environment and non-target
species should be chosen.
Hardscapes and Landscape Structures
o Locally sourced hardscape, mulch, and landscape structures are encouraged.
Examples include locally sourced rock, mulch, and compost.
o Hardscapes and landscape structures constructed of recycled or reused content
materials are encouraged.
o Durable landscaping tools and material purchases are preferred over items of
lesser quality where practical.
POLLUTION PREVENTION
o Purchase products with the lowest amount of volatile organic compounds
(VOCs), highest recycled content, and low or no formaldehyde when purchasing
building maintenance materials such as paint, carpeting, flooring, adhesives,
furniture, and casework.
o Purchase products and equipment that are heavy metal free (no lead, cadmium,
or mercury).
o Purchase renewably-derived fuels or fuels that are cleaner and less-polluting
than gasoline and conventional diesel fuel, including biodiesel, natural gas, and
electricity.
o The purchase of all pentachlorophenol, arsenic, and creosote-treated wood by
the City is prohibited.
RECYCLED CONTENT PRODUCTS
o All dishware purchased for City events will be:
reusable; or
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made from compostable material that is certified by the Biodegradable
Products Institute (BPI); or
recyclable.
o Use printing services that are Great Green Printer certified.
o All products shall contain the highest post-consumer content, but at least thirty
percent (30%) post-consumer content.
o Purchase white and colored copy paper that is one-hundred percent (100%)
post-consumer content.
o When specifying asphalt concrete, aggregate base or Portland cement concrete
for road construction projects, the City of Maplewood shall use recycled,
reusable, or reground materials and consistent with accepted engineering
practices.
o Specify and purchase recycled content transportation products, including signs,
cones, parking stops, delineators, and barricades.
o Asphalt and roadbed aggregate should contain the highest percentage of
recycled content material possible.
WATER CONSERVATION
o Purchase U.S. EPA Water Sense certified products.
LOCAL FOOD
o Purchase climate-friendly food for City events.
ROLES AND RESPONSIBILITIES
o The Environmental Planner and the Green Team will serve as the steering
committee for the Environmental Purchasing Policy. The steering committee will
update the City Manager and Department Heads from time to time on the policy,
covering:
Status of the policy’s implementation.
Informal data on purchases of environmentally preferable products.
Financial implications of the policy, if any.
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Overall accomplishment and challenges
Recommendations for the future.
o Each Department Head will have the responsibility of ensuring adoption within
their department and report any issues to the above parties.
o Environmental Purchasing Policy training will take place during annual
supervisory training. Supervisors will be responsible for training relevant City staff
buyers. Contractors and grantees shall include instruction on the requirements of
the policy by the supervisor and City staff buyer.
o Successful bidders shall certify in writing that the environmental attributes
claimed in formal competitive bids are accurate. Contractors shall be required to
specify the minimum or actual percentage of recovered and post-consumer
content in their products, even when such percentages are zero. Where products
or services have no logo or certification, third-party verification of claims by
companies such as Scientific Certification Systems or UL may be requested as
appropriate.
IMPLEMENTATION STRATEGIES
o Establish a City operations purchasing committee made up of the Environmental
Planner, Green Team members, and purchasers to review and make
recommendations on environmental purchasing best practices. Best practices to
include, but not limited to:
Creation of an environmentally-preferred product list.
Development of buying guidelines for environmentally-preferred products.
List of bulk purchase products that reduce waste.
o Establish integrated pest management guidelines for future purchasing decisions
related to the long-term prevention of pests in buildings and landscaping.
o Conduct a fleet study to right-size the City’s fleet, determining which vehicles can
be converted to electric or hybrid as well as other improvements that can reduce
environmental impacts and save money over the life of the vehicle. The study will
include best practices for purchasing and budgeting for the fleet.
o Create a financing mechanism for funding future City operations sustainability
projects.
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15. INFORMATION SECURITY POLICY
Introduction
This Policy document encompasses all aspects of security surrounding confidential City
information and must be distributed to all City employees. All City employees must read
this document in its entirety and sign the form confirming they have read and fully
understand this policy. This document will be reviewed and updated on an annual basis
or when relevant to include newly developed security standards into the policy and re-
distributed to all employees and contractors where applicable.
A. Information Security Policy
The Cityhandles sensitive cardholder information daily. Sensitive Information must have
adequate safeguards in place to protect the cardholder data, cardholder privacy, and to
ensure compliance with various regulations, along with guarding the future of the
organization.
The City commits to respecting the privacy of all its customers and to protecting any
customer data from outside parties. To this end management are committed to
maintaining a secure environment in which to process cardholder information so that we
can meet these promises.
Employees handling sensitive cardholder data should ensure:
Handle City and cardholder information in a manner that fits with their sensitivity
and classification;
Limit personal use of City information and telecommunication systems and ensure
it doesn’t interfere with your job performance;
The City reserves the right to monitor, access, review, audit, copy, store, or delete
any electronic communications, equipment, systems and network traffic for any
purpose;
Do not use e-mail, internet and other City resources to engage in any action that
is offensive, threatening, discriminatory, defamatory, slanderous, pornographic,
obscene, harassing or illegal;
Do not disclose personnel information unless authorized;
Protect sensitive cardholder information;
Keep passwords and accounts secure;
Request approval from management prior to establishing any new software or
hardware, third party connections, etc.;
Do not install unauthorized software or hardware, including modems and wireless
access unless you have explicit management approval;
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Always leave desks clear of sensitive cardholder data and lock computer screens
when unattended;
Information security incidents must be reported, without delay, to the individual
responsible for incident response.
We each have a responsibility for ensuring our department’s systems and data are
protected from unauthorized access and improper use. If you are unclear about any of
the policies detailed herein you should seek advice and guidance from your supervisor.
B. Network Security
A high-level network diagram of the network is maintained and reviewed on a yearly
basis. The network diagram provides a high level overview of the cardholder data
environment (CDE), which at a minimum shows the connections in and out of the CDE.
Critical system components within the CDE, such as POS devices, databases, web
servers, etc., and any other necessary payment components, as applicable should also
be illustrated.
In addition, ASV should be performed and completed by a PCI SSC Approved Scanning
Vendor, where applicable. Evidence of these scans should be maintained for a period
of 18 months.
C. Acceptable Use Policy
The City’s intentions for publishing an Acceptable Use Policy are not to impose
restrictions that are contrary to the City’s established culture of openness, trust and
integrity. The City is committed to protecting the employees, partners and the City from
illegal or damaging actions, either knowingly or unknowingly by individuals. The City will
maintain an approved list of technologies and devices and personnel with access to such
devices as detailed in Appendix B.
Employees are responsible for exercising good judgment regarding the
reasonableness of personal use.
Employees should take all necessary steps to prevent unauthorized access to
confidential data which includes card holder data.
Keep passwords secure and do not share accounts. Authorized users are
responsible for the security of their passwords and accounts.
All PCs, laptops and workstations should be secured with a password-protected
screensaver with the automatic activation feature.
All POS and PIN entry devices should be appropriately protected and secured so
they cannot be tampered or altered.
The List of Devices in Appendix B will be regularly updated when devices are
modified, added or decommissioned. An inventory of devices will be regularly
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performed and devices inspected to identify any potential tampering or substitution
of devices.
Users should be trained in the ability to identify any suspicious behavior where any
tampering or substitution may be performed. Any suspicious behavior will be
reported accordingly.
Information contained on portable computers is especially vulnerable, special care
should be exercised.
Postings by employees from a City email address to newsgroups should contain a
disclaimer stating that the opinions expressed are strictly their own and not
necessarily those of the City, unless posting is in the course of business duties.
Employees must use extreme caution when opening e-mail attachments received
from unknown senders, which may contain viruses, e-mail bombs, or Trojan horse
code.
D. Protect Stored Data
All sensitive cardholder data stored and handled by the City and its employees
must be securely protected against unauthorized use at all times. Any sensitive
card data that is no longer required by the City for business reasons must be
discarded in a secure and irrecoverable manner.
If there is no specific need to see the full PAN (Permanent Account Number), it
has to be masked when displayed.
PAN'S which are not protected as stated above should not be sent to the outside
network via end user messaging technologies like chats, ICQ messenger etc.,
It is strictly prohibited to store:
i. The contents of the payment card magnetic stripe (track data) on any media
whatsoever.
ii. The CVV/CVC (the 3 or 4-digit number on the signature panel on the reverse of
the payment card) on any media whatsoever.
iii.The PIN or the encrypted PIN Block under any circumstance.
E. Information Classification
Data and media containing data must always be labeled to indicate sensitivity level.
Confidential data might include information assets for which there are legal
requirements for preventing disclosure or financial penalties for disclosure, or data
that would cause severe damage to the City if disclosed or modified. Confidential
data includes cardholder data.
Internal Use data might include information that the data owner feels should be
protected to prevent unauthorized disclosure.
Public data is information that may be freely disseminated.
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F. Access to the Sensitive Cardholder Data
All Access to sensitive cardholder should be controlled and authorized. Any job
functions that require access to cardholder data should be clearly defined.
Any display of the card holder should be restricted at a minimum to the first 6 and
the last 4 digits of the cardholder data.
Access to sensitive cardholder information such as PAN’s, personal information
and business data is restricted to employees that have a legitimate need to view
such information.
No other employees should have access to this confidential data unless they
have a genuine business need.
rd
If cardholder data is shared with a Service Provider (3 party) then a list of such
Service Providers will be maintained as detailed in Appendix C.
The City will ensure a written agreement that includes an acknowledgement is in
place that the Service Provider will be responsible for the cardholder data that
the Service Provider possess.
The City will ensure that a there is an established process, including proper due
diligence is in place, before engaging with a Service provider.
The City will have a process in place to monitor the PCI DSS compliance status
of the Service provider.
G. Physical Security
Access to sensitive information in both hard and soft media format must be
physically restricted to prevent unauthorized individuals from obtaining sensitive
data.
Media is defined as any printed or handwritten paper, received faxes, floppy disks,
back-up tapes, computer hard drive, etc.
Media containing sensitive cardholder information must be handled and distributed
in a secure manner by trusted individuals.
Visitors must always be escorted by a trusted employee when in areas that hold
sensitive cardholder information.
Procedures must be in place to help all personnel easily distinguish between
employees and visitors, especially in areas where cardholder data is accessible.
“Employee” refers to full-time and part-time employees, temporary employees and
personnel, and consultants who are “resident” on City sites. A “visitor” is defined
as a vendor, guest of an employee, service personnel, or anyone who needs to
physically enter the premises for a short duration, usually not more than one day.
A list of devices that accept payment card data should be maintained.
The list should include make, model and location of the device.
The list should have the serial number or a unique identifier of the device
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The list should be updated when devices are added, removed or relocated
POS devices surfaces are periodically inspected to detect tampering or
substitution.
Personnel using the devices should be trained and aware of handling the POS
devices
Personnel using the devices should verify the identity of any third party personnel
claiming to repair or run maintenance tasks on the devices, install new devices or
replace devices.
Personnel using the devices should be trained to report suspicious behavior and
indications of tampering of the devices to the appropriate personnel. The City sites.
A “visitor” is defined as a vendor, guest of an employee, service personnel, or
anyone who needs to enter the premises for a short duration, usually not more
than one day.
Strict control is maintained over the external or internal distribution of any media
containing cardholder data and has to be approved by management
Strict control is maintained over the storage and accessibility of media
All computer that store sensitive cardholder data must have a password protected
screensaver enabled to prevent unauthorized use.
H. Protect Data in Transit
All sensitive cardholder data must be protected securely if it is to be transported
physically or electronically.
Cardholder data (PAN, track data, etc.) must never be sent over the internet via
email, instant chat or any other end user technologies.
If there is a business justification to send cardholder data via email or by any other
mode then it should be done after authorization and by using a strong encryption
mechanism (i.e. – AES encryption, PGP encryption, IPSEC, etc.).
The transportation of media containing sensitive cardholder data to another
location must be authorized by the Information Technology Director, logged and
inventoried before leaving the premises. Only secure courier services may be used
for the transportation of such media. The status of the shipment should be
monitored until it has been delivered to its new location.
I. Disposal of Stored Data
All data must be securely disposed of when no longer required by the City,
regardless of the media or application type on which it is stored.
An automatic process must exist to permanently delete on-line data, when no
longer required.
All hard copies of cardholder data must be manually destroyed when no longer
required for valid and justified business reasons. A quarterly process must be in
place to confirm that all non-electronic cardholder data has been appropriately
disposed of in a timely manner.
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The City will have procedures for the destruction of hardcopy (paper) materials.
These will require that all hardcopy materials are crosscut shredded, incinerated
or pulped, so they cannot be reconstructed.
The City will have documented procedures for the destruction of electronic
media. These will require:
o All cardholder data on electronic media must be rendered unrecoverable
when deleted e.g. through degaussing or electronically wiped using
military grade secure deletion processes or the physical destruction of the
media;
o If secure wipe programs are used, the process must define the industry
accepted standards followed for secure deletion.
All cardholder information awaiting destruction must be held in lockable storage
containers clearly marked “To Be Shredded” - access to these containers must
be restricted.
J. Security Awareness and Procedures
The policies and procedures outlined below must be incorporated into City practice
to maintain a high level of security awareness. The protection of sensitive data
demands regular training of all employees and contractors.
Review handling procedures for sensitive information and hold periodic security
awareness meetings to incorporate these procedures into day to day City practice.
Distribute this security policy document to all City employees to read. It is required
that all employees confirm that they understand the content of this security policy
document by signing an acknowledgement form (see Appendix A).
All employees that handle sensitive information will undergo background checks
(such as criminal and credit record checks, within the limits of the local law) before
they commence their employment with the City.
All third parties with access to credit card account numbers are contractually
obligated to comply with card association security standards (PCI/DSS).
City security policies must be reviewed annually and updated as needed.
K. Credit Card (PCI) Security Incident Response Plan
The City PCI Security Incident Response Team (PCI Response Team) is
comprised of the Information Security Technology and Merchant Services. The
City PCI security incident response plan is as follows:
1. Each department must report an incident to the Information Security Officer
(preferably) or to another member of the PCI Response Team.
2. That member of the team receiving the report will advise the PCI Response
Team of the incident.
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3.The PCI Response Team will investigate the incident and assist the
potentially compromised department in limiting the exposure of cardholder
data and in mitigating the risks associated with the incident.
4. The PCI Response Team will resolve the problem to the satisfaction of all
parties involved, including reporting the incident and findings to the
appropriate parties (credit card associations, credit card processors, etc.)
as necessary.
5. The PCI Response Team will determine if policies and processes need to be
updated to avoid a similar incident in the future, and whether additional
safeguards are required in the environment where the incident occurred, or
for the institution.
The City PCI Security Incident Response Team:
Information Technology
Director
Communications Director
Finance Director
City Attorney
Assistant Finance Director
City Manager
Information Security PCI Incident Response Procedures:
A department that reasonably believes it may have an account breach, or a
breach of cardholder information or of systems related to the PCI environment in
general, must inform the City PCI Incident Response Team. After being notified
of a compromise, the PCI Response Team, along with other designated staff, will
implement the PCI Incident Response Plan to assist and augment department
response plans.
Incident Response Notification
Escalation Members:
Escalation – First Level:
Information Technology
Director Finance Director
Assistant Finance Director
Legal Counsel
Risk Manager
City Manager
Escalation – Second Level:
The Mayor
City Council
Internal Audit
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External Auditors
External Contacts:
Merchant
Provider Card
Internet Service Provider
Internet Service Provider of Intruder
Communication Carriers (local and long
distance)
Insurance Carrier
External Response Team as applicable (CERT Coordination)
Law Enforcement Agencies
In response to a systems compromise, the PCI Response Team and designees will:
i.Ensure compromised system/s is isolated on/from the network.
ii. Gather, review and analyze the logs and related information from various
central and local safeguards and security controls
iii.Conduct appropriate forensic analysis of compromised system.
iv.Contact internal and external departments and entities as appropriate.
v. Make forensic and log analysis available to appropriate law enforcement or card
industry security personnel, as required.
vi.Assist law enforcement and card industry security personnel in investigative
processes, including in prosecutions.
The credit card companies have individually specific requirements that the
Response Team must address in reporting suspected or confirmed breaches of
cardholder data. See below for these requirements.
Incident Response notifications to various card schemes:
i.In the event of a suspected security breach, alert the information security officer
or your line manager immediately.
ii.The security officer will carry out an initial investigation of the suspected security
breach.
iii. Upon confirmation that a security breach has occurred, the security officer will
alert management and begin informing all relevant parties that may be affected
by the compromise.
VISA Steps
If the data security compromise involves credit card account numbers, implement
the following procedure:
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Shut down any systems or processes involved in the breach to limit the extent,
and prevent further exposure.
Alert all affected parties and authorities such as the Merchant Bank (your Bank),
Visa Fraud Control, and the law enforcement.
Provide details of all compromised or potentially compromised card numbers to
Visa Fraud Control within 24 hrs.
For more Information visit:
http://usa.visa.com/business/accepting_visa/ops_risk_management/cisp_if_
compromised.html
Visa Incident Report Template
This report must be provided to VISA within 14 days after initial report of incident to
VISA. The following report content and standards must be followed when
completing the incident report. Incident report must be securely distributed to VISA
and MerchantBank. Visa will classify the report as “VISA Secret”*.
I. Executive Summary
a. Include overview of the incident
b. Include RISK Level(High, Medium, Low)
c. Determine if compromise has been
contained
II. Background
III. Initial Analysis
IV. Investigative Procedures
a. Include forensic tools used during
investigation
V. Findings
a. Number of accounts at risk, identify those stores and compromised
b. Type of account information at risk
c. Identify ALL systems analyzed. Include the following:
Domain Name System (DNS) names
Internet Protocol (IP) addresses
Operating System (OS) version
Function of system(s)
d. Identify ALL compromised systems. Include the following:
DNS names
IP addresses
OS version
Function of System(s)
e. Timeframe of compromise
f. Any data exported by intruder
g. Establish how and source of compromise
h. Check all potential database locations to ensure that no CVV2, Track 1 or
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Track 2 data is stored anywhere, whether encrypted or unencrypted (e.g.,
duplicate or backup tables or databases, databases used in
development, stage or testing environments, data on software engineers’
machines, etc.)
i.If applicable, review VisaNet endpoint security and determine risk
VI. Compromised Entity Action
VII. Recommendations
VIII. Contact(s) at entity and security assessor performing investigation
*This classification applies to the most sensitive business information, which is
intended for use within VISA. Its unauthorized disclosure could seriously and
adversely impact VISA, its employees, member banks, business partners, and/or the
Brand.
MasterCard Steps:
I.Within 24 hours of an account compromise event, notify the MasterCard
Compromised Account Team via phone at 1-636-722-4100.
II. Provide a detailed written statement of fact about the account compromise
(including the contributing circumstances) via secured e-mail to
compromised_account_team@mastercard.com.
III. Provide the MasterCard Merchant Fraud Control Department with a complete
list of all known compromised account numbers.
IV. Within 72 hours of knowledge of a suspected account compromise, engage the
services of a data security firm acceptable to MasterCard to assess the
vulnerability of the compromised data and related systems (such as a detailed
forensics evaluation).
V. Provide weekly written status reports to MasterCard, addressing open
questions and issues until the audit is complete to the satisfaction of
MasterCard.
VI. Promptly furnish updated lists of potential or known compromised account
numbers, additional documentation, and other information that MasterCard
may request.
VII. Provide finding of all audits and investigations to the MasterCard Merchant Fraud
Control department within the required time frame and continue to address any
outstanding exposure or recommendation until resolved to the satisfaction of
MasterCard.
Once MasterCard obtains the details of the account data compromise and the list of
compromised account numbers, MasterCard will:
i. Identify the issuers of the accounts that were suspected to have been
compromised and group all known accounts under the respective parent
member IDs.
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ii.Distribute the account number data to its respective issuers.
Employees of the Citywill be expected to report to the security officer for any
security related issues. The role of the security officer is to effectively communicate
all security policies and procedures to employees within the City and contractors. In
addition to this, the security officer will oversee the scheduling of security training
sessions, monitor and enforce the security policies outlined in both this document
and at the training sessions and finally, oversee the implantation of the incident
response plan in the event of a sensitive data compromise.
Discover Card Steps
I. Within 24 hours of an account compromise event, notify Discover Fraud Prevention
at (800) 347-3102
II. Prepare a detailed written statement of fact about the account compromise
including the contributing circumstances
III. Prepare a list of all known compromised account numbers
IV. Obtain additional specific requirements from Discover Card
American Express Steps
I. Within 24 hours of an account compromise event, notify American Express
Merchant Services at (800) 528-5200 in the U.S.
II. Prepare a detailed written statement of fact about the account compromise
including the contributing circumstances
III. Prepare a list of all known compromised account numbers Obtain additional
specific requirements from American Express.
L. Transfer of Sensitive Information Policy
All third-party companies providing critical services to the City must provide an
agreed Service Level Agreement.
All third-party companies providing hosting facilities must comply with the City’s
Physical Security and Access Control Policy.
All third-party companies which have access to Card Holder information must:
i. Adhere to the PCI DSS security requirements.
ii. Acknowledge their responsibility for securing the Card Holder data.
iii. Acknowledge that the Card Holder data must only be used for assisting the
completion of a transaction, supporting a loyalty program, providing a fraud
control service or for uses specifically required by law.
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iv.Have appropriate provisions for business continuity in the event of a major
disruption, disaster or failure.
v. Provide full cooperation and access to conduct a thorough security review after
a security intrusion by a Payment Card industry representative, or a Payment
Card industry approved third party.
M. User Access Management
Access to City is controlled through a formal user registration process beginning
with a formal notification from HR or from a line manager.
Each user is identified by a unique user ID so that users can be linked to and
made responsible for their actions. The use of group IDs is only permitted where
they are suitable for the work carried out.
There is a standard level of access; other services can be accessed when
specifically authorized by HR/line management.
The job function of the user decides the level of access the employee has to
cardholder data
A request for service must be made in writing (email or hard copy) by the
newcomer’s line manager or by HR. The request is free format, but must state:
Name of person making request;
Job title of the newcomers and workgroup;
Start date;
Services required (default services are: MS Outlook, MS Office and Internet
access).
Each user will be given a copy of their new user form to provide a written
statement of their access rights, signed by an IT representative after their
induction procedure. The user signs the form indicating that they understand the
conditions of access.
Access to all the City systems is provided by IT and can only be started after
proper procedures are completed.
As soon as an individual leaves the City employment, all his/her system logons
must be immediately revoked.
As part of the employee termination process HR (or line managers in the case of
contractors) will inform IT operations of all leavers and their date of leaving.
N. Access Control Policy
Access Control systems are in place to protect the interests of all users of the
City computer systems by providing a safe, secure and readily accessible
environment in which to work.
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The City will provide all employees and other users with the information they
need to carry out their responsibilities in an as effective and efficient manner as
possible.
Generic or group IDs shall not normally be permitted, but may be granted under
exceptional circumstances if sufficient other controls on access are in place.
The allocation of privilege rights (e.g. local administrator, domain administrator,
super-user, root access) shall be restricted and controlled, and authorization
provided jointly by the system owner and IT Services. Technical teams shall
guard against issuing privilege rights to entire teams to prevent loss of
confidentiality.
Access rights will be accorded following the principles of least privilege and need
to know.
Every user should attempt to maintain the security of data at its classified level
even if technical security mechanisms fail or are absent.
Users electing to place information on digital media or storage devices or
maintaining a separate database must only do so where such an action is in
accord with the data’s classification.
Users are obligated to report instances of non-compliance to the City CISO.
Access to the City IT resources and services will be given through the provision
of a unique Active Directory account and complex password.
No access to any the City IT resources and services will be provided without prior
authentication and authorization of a user’s the City Windows Active Directory
account.
Password issuing, strength requirements, changing and control will be managed
through formal processes. Password length, complexity and expiration times will
be controlled through Windows Active Directory Group Policy Objects.
Access to Confidential, Restricted and Protected information will be limited to
authorized persons whose job responsibilities require it, as determined by the
data owner or their designated representative. Requests for access permission to
be granted, changed or revoked must be made in writing.
Users are expected to become familiar with and abide by the City policies,
standards and guidelines for appropriate and acceptable usage of the networks
and systems.
Access for remote users shall be subject to authorization by IT Services and be
provided in accordance with the Remote Access Policy and the Information
Security Policy. No uncontrolled external access shall be permitted to any
network device or networked system.
Access to data is variously and appropriately controlled according to the data
classification levels described in the Information Security Management Policy.
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Access control methods include logon access rights, Windows share and NTFS
permissions, user account privileges, server and workstation access rights,
firewall permissions, IIS intranet/extranet authentication rights, SQL database
rights, isolated networks and other methods as necessary.
A formal process shall be conducted at regular intervals by system owners and
data owners in conjunction with IT Services to review users’ access rights. The
review shall be logged and IT Services shall sign off the review to give authority
for users’ continued access rights.
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Appendix A – Agreement to Comply Form – Agreement to Comply With
Information Security Policies
________________________
Employee Name (printed)
________________
Department
I agree to take all reasonable precautions to assure that City internal information, or
information that has been entrusted to the City by third parties such as customers, will not
be disclosed to unauthorized persons. At the end of my employment or contract with the
City, I agree to return all information to which I have had access as a result of my position.
I understand that I am not authorized to use sensitive information for my own purposes,
nor am I at liberty to provide this information to third parties without the express written
consent of the City manager who is the designated information owner.
I have access to a copy of the Information Security Policies, I have read and understand
these policies, and I understand how it impacts my job. As a condition of continued
employment, I agree to abide by the policies and other requirements found in the City
security policy. I understand that non-compliance will be cause for disciplinary action up
to and including dismissal, and perhaps criminal and/or civil penalties.
I also agree to promptly report all violations or suspected violations of information security
policies to the designated security officer.
________________________
Employee Signature
________________________
Date
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Appendix B – List of Devices
Asset/Device NameDescription Owner/Approved User Location
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Appendix C - List of Service Providers
Name of Service Contact Details Services Provided PCI DSS PCI DSS
Provider Compliant Validation Date
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For the permanent record:
Meeting Date: 12/08/2025
Agenda Item H1, Additional Attachment
For the permanent record:
Meeting Date: 12/08/2025
Agenda Item H1, Additional Attachment
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CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Elizabeth Hammond, Planner
PRESENTER:Dannette Parr, Community Development Director
AGENDA ITEM: Horizon Real Estate, 1790 Gervais Court East
a.Conditional Use Permit Resolution
b.Setback Variance Resolution
Action Requested:MotionDiscussionPublic Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Summary:
Horizon Real Estate proposes adding motor vehicle sales to its property at 1790 Gervais Court
East, where Horizon Tire and Auto, a motor vehicle maintenance garage, is currently operated.
Motor vehicle sales are permitted on the property, and a motor vehicle maintenance garage
requires a conditional use permit (CUP). The site was built and historically has been used as a
motor vehicle maintenance garage; however, it does not hold an existing CUP for vehicle
maintenance, and storing vehicles outside for sale will also require the site to have a CUP. City
code requires both motor vehicle sales and repair to be at least 350 feet from any property the city
plans for residential use. The proposal requires a setback variance due to its proximity to adjacent
residential property.
Recommended Action:
a.Motion to approve a conditional use permit resolution for the property at 1790 Gervais Court
East, subject to certain conditions of approval.
b.Motion to approve a setback variance resolution for the property at 1790 Gervais Court East.
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:
Safety
Sustainability
Development Grow a vibrant and resilient buisness community
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The city deemed the applicant’s application complete on November 7, 2025. The initial 60-day
review deadline for a decision is January 6, 2026. As stated in Minnesota State Statute 15.99, the
city can take an additional 60 days, if necessary, to complete the review.
Background:
Horizon Tire and Auto proposes adding motor vehicle sales to the property at 1790 Gervais Court
East, where a vehicle maintenance garage currently operates. The applicant previously operated a
motor vehicle sales business on a rented property in Ham Lake. Following the sale of that property,
the applicant seeks to relocate this business to their Maplewood site. The applicant proposes
displaying up to 12 vehicles for sale at a time and has identified the location within the parking lot
on their site plan. No exterior modifications are proposed to accommodate the proposed motor
vehicle sales.
The applicant submitted an interior floor plan, site plan, and interior and exterior photos to facilitate
review of the proposal. A motor vehicle maintenance garage requires two parking spaces for each
service stall, one space for each employee, and one space for each business vehicle stored on the
site. Automobile sales require one parking space for every 500 square feet of gross indoor display
area. The building will not contain an indoor display area; however, considering the size of the
exterior display area, one parking stall would be required for the motor vehicle sales business.
The applicant stated there is currently one employee at the repair shop and anticipates hiring
between two and three additional employees in the next 18 months. The applicant currently does
not have company vehicles on the property but plans to have up to four company vehicles on the
site. The repair shop has four service bays, and the motor vehicle sales business would utilize only
a small portion of the interior, office, and restroom spaces. Based on the parking requirements and
the applicant’s indicated use of the property, 16 stalls would be required for the repair business and
approximately one for the sales portion. The plans identify 36 parking stalls that are currently
striped, including the 12 near the center, to be used for displaying vehicles for sale.
Conditional Use Permit
Motor vehicle sales are permitted on the property, and a motor vehicle maintenance garage
requires a conditional use permit. The site has been used as a motor vehicle repair shop for several
years; however, it does not currently hold an existing CUP. The proposed CUP will now include the
vehicle repair portion of the existing business. Also, to have vehicles for sale in the exterior parking
lot requires a CUP for outdoor storage.
Setback Variance
City code requires that a motor vehicle maintenance garage and a motor vehicle sales business be
at least 350 feet from any property the city plans for residential use. The property contains a large
undeveloped area on its northern half, located between the business and the Gervais Court and
Gervais Avenue rights-of-way to the north. The building and parking lot where the business is
operated are located on the far south side of the parcel, well over 400 feet from the residential
properties to the north. However, the property is between approximately 66 and 165 feet when
measured from the site’s property line to the adjacent residential property lines across Gervais
Court and Gervais Avenue.
State statute allows variances to be approved when the proposal is in harmony with city goals and
policies outlined in the comprehensive plan and official controls, and when practical difficulties exist.
The practical difficulty standard outlines three factors that cities must consider when reviewing a
variance request: reasonableness, uniqueness, and essential character.
1. Reasonableness – When the property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance.
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The zoning ordinance permits a vehicle maintenance garage and a motor vehicle sales
business to be located on the property, and the proposal meets the comprehensive plan’s land
use guidance. The site was constructed in 1988 for a vehicle repair business and has been
used in this manner for several years. Similar light manufacturing and auto-oriented businesses
have historically operated in this neighborhood.
2. Uniqueness – When the plight of the landowner is due to circumstances unique to the property,
not created by the landowner.
The site was constructed and intended for auto-oriented use before the adjacent residential
properties to the north were developed between 1999 and 2014.
3. Essential Character – When the variance, if granted, will not alter the essential character of the
locality.
The properties along Highway 36 are zoned appropriately and currently used for commercial
and light industrial purposes; the location of the building, parking lot, and sales area is near
Highway 36, rather than directly adjacent to the residential property.
Commission Review
Planning Commission
November 18, 2025: The Planning Commission held a public hearing and reviewed the
conditional use permit and setback variance. The commission voted to approve the conditional
use permit and setback variance.
Department Comments
None
Public Comments
Staff sent a public hearing notice and application details to the properties within 500 feet of the
subject property. No public comments were received.
Reference Information
Site Description
Site Size: 2.14 Acres
Surrounding Land Uses
North: High-Density Residential
South: Highway 36
East: Commercial/Manufacturing
West: Commercial/Manufacturing
Planning
Existing Land Use: Employment
Existing Zoning: Light Manufacturing
Attachments:
1. Conditional Use Permit Resolution
2. Setback Variance Resolution
3. Overview Map
4. Future Land Use Map
5. Zoning Map
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6.Applicant Narrative
7. Site Plan and Floorplan
8. Site Photos
9. Planning Commission Minutes dated November 18, 2025
10. Presentation
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CONDITIONAL USE PERMIT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Horizon Real Estate, LLC (property owner) has requested a Conditional Use Permit
for the property located at 1790 Gervais Court East.
1.02 The property located at 1790 Gervais Court East is legally described as:
That part of Tract A, Registered Land Survey No. 257, Ramsey County, Minnesota,
which lies North of a line described below:
Beginning at a point on the East line of said Tract A, distance 40 feet North of the
Southeast corner thereof; thence run Westerly to a point on the West line of said
tract A, distance 10 feet North of the Southwest corner thereof and there terminating;
EXCEPT that part of Tract A Registered Land Survey No. 257 described as follows:
COMMENCING at the Northwest corner of said Tract A being the West ¼ corner of
Section 11, Township 29, Range 22, Ramsey County, Minnesota; thence on an
assumed bearing of South 00 degrees 30 minutes 59 seconds East along the west
line of said Tract A being the west line of the Southwest Quarter of said Section 11 a
distance of 540.79 feet to the POINT OF BEGINNING of the land to be described;
thence North 89 degrees 29 minutes 01 seconds East a distance of 36.58 feet;
thence South 10 degrees 26 minutes 45 seconds West to the northerly right of way
line of State Trunk Highway No. 36; thence westerly along said right of way line to
the west line of said Tract A; thence northerly along said west line to the POINT OF
BEGINNING.
Tax Parcel Identification: 112922320017
1.03 The property owner requests a conditional use permit to allow a vehicle maintenance
garage and a motor vehicle sales business with an exterior sales display area in the
parking lot.
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.
1. The use would be located, designed, maintained, constructed and operated to be
in conformity with the City’s Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous, hazardous, detrimental, disturbing or
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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.
1. On November 18, 2025, 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 December 8, 2025, 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 _______ the resolution. Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following conditions:
1. The city council will review the permit in one year.
2. The applicant may have up to 12 motor vehicles displayed for sale in the parking
lot. The location of the motor vehicle sales display area is approved as outlined
on the applicant’s site plan. Should the owner want to modify the location of the
exterior sales area or add additional vehicles to the property, an amendment to
the conditional use permit must be requested.
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3.There shall be no exterior storage of inoperable vehicles related to the motor
vehicle maintenance garage on the property or the adjacent public streets. All
vehicles waiting for repair must be stored inside the building.
4.There shall be no exterior storage of vehicles listed for sale related to the motor
vehicle sales business on adjacent public streets.
5.Should the owner add additional striped parking spaces to the property, a parking
lot paving permit is required to be obtained from the Department of Public Works.
The parking lot and all striped spaces must be maintained at all times.
6.The owner will construct a trash enclosure for the property as required around all
trash containers or dumpsters, and it shall be 100 percent opaque. The
enclosure must meet city ordinance requirements. The enclosure must always be
maintained.
7.Should there be changes to the building's tenant mix, the property owner must
submit these details to the city for review. Before a new tenant occupies the
property, the owner must obtain approval from the city. All parking requirements
must be met.
8.All vehicle deliveries and transport unloading shall be done on-site, not along
public streets.
9.All signs shall meet the City of Maplewood sign ordinance. The property owner
will obtain all necessary sign permits before installation. Temporary banner signs
shall not be used as permanent signage.
10.The property owner must contact the city’s licensing division and obtain any
required licenses for the businesses that operate on the property.
.
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SETBACK VARIANCE RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Horizon Real Estate, LLC (property owner) has requested a setback variance to
allow a motor vehicle maintenance garage and a motor vehicle sales business to
operate on the property closer than 350 feet from a residentially planned property.
1.02 The property is between 66 and 165 feet from the adjacent residential properties to
the north.
1.03 The property located at 1790 Gervais Court East is legally described as:
That part of Tract A, Registered Land Survey No. 257, Ramsey County, Minnesota,
which lies North of a line described below:
Beginning at a point on the East line of said Tract A, distance 40 feet North of the
Southeast corner thereof; thence run Westerly to a point on the West line of said
tract A, distance 10 feet North of the Southwest corner thereof and there terminating;
EXCEPT that part of Tract A Registered Land Survey No. 257 described as follows:
COMMENCING at the Northwest corner of said Tract A being the West ¼ corner of
Section 11, Township 29, Range 22, Ramsey County, Minnesota; thence on an
assumed bearing of South 00 degrees 30 minutes 59 seconds East along the west
line of said Tract A being the west line of the Southwest Quarter of said Section 11 a
distance of 540.79 feet to the POINT OF BEGINNING of the land to be described;
thence North 89 degrees 29 minutes 01 seconds East a distance of 36.58 feet;
thence South 10 degrees 26 minutes 45 seconds West to the northerly right of way
line of State Trunk Highway No. 36; thence westerly along said right of way line to
the west line of said Tract A; thence northerly along said west line to the POINT OF
BEGINNING.
Tax Parcel Identification: 112922320017
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 setback variance request meets the required standards for a variance.
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1.That the need for a variance is caused by circumstances unique to the
property, not created by the property owner; and
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
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.
1.On November 18, 2025, 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 December 8, 2025, 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 _______ the resolution. Approval of the application is based
on the findings outlined in section 3 of this resolution.
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MINUTES
MAPLEWOOD PLANNING COMMISSION
7:00 P.M. Tuesday, November 18, 2025
City Hall, Council Chambers
1830 County Road B East
E.PUBLIC HEARING
2.Horizon Real Estate, 1790 Gervais Court East
a.Conditional UsePermit Resolution
b.Setback Variance Resolution
Elizabeth Hammond, Planner, gave the presentation and answered questions from the
Commission.Commissionmembers shared comments.
Chairperson Desaiopened the public hearing.
There were no speakers on the item.
Chairperson Desaiclosed the public hearing.
Commissioner Eads moved to approve a conditional use permit resolution for the property at
1790 Gervais Court East, subject to certainconditions of approval.
CONDITIONAL USE PERMIT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01Horizon Real Estate, LLC (property owner) has requested a Conditional Use Permit for
the property located at 1790 Gervais Court East.
1.02Theproperty located at 1790 Gervais Court Eastis legally described as:
THAT PART OF TRACT A, REGISTERED LAND SURVEY NO. 257, RAMSEY COUNTY,
MINNESOTA, WHICH LIES NORTH OF A LINE DESCRIBED BELOW: BEGINNING AT
A POINT ON THE EAST LINE OF SAID TRACT A, DISTANCE 40 FEET NORTH OF THE
SOUTHEAST CORNER THEREOF; THENCE RUN WESTERLY TO A POINT ON THE
WEST LINE OF SAID TRACT A, DISTANCE 10 FEET NORTH OF THE SOUTHWEST
CORNER THEREOF AND THERE TERMINATING; EXCEPT THAT PART OF TRACT A
REGISTERED LAND SURVEY NO. 257 DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF SAID TRACT A BEING THE WEST ¼ CORNER OF
SECTION 11, TOWNSHIP 29, RANGE 22, RAMSEY COUNTY, MINNESOTA; THENCE
ON AN ASSUMED BEARING OF SOUTH 00 DEGREES 30 MINUTES 59 SECONDS
EAST ALONG THE WEST LINE OF SAID TRACT A BEING THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 11 A DISTANCE OF 540.79 FEET TO
THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE NORTH 89
DEGREES 29 MINUTES 01 SECONDS EAST A DISTANCE OF 36.58 FEET; THENCE
SOUTH 10 DEGREES 26 MINUTES 45 SECONDS WEST TO THE NORTHERLY RIGHT
OF WAY LINE OF STATE TRUNK HIGHWAY NO. 36; THENCE WESTERLY ALONG
SAID RIGHT OF WAY LINE TO THE WEST LINE OF SAID TRACT A; THENCE
NORTHERLY ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
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Tax Parcel Identification: 112922320017
1.03The property owner requests a conditional use permit to allow a vehicle maintenance
garage and a motor vehicle sales business with an exterior motor vehicle sales display to
operate on the property.
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.
1.The use would be located, designed, maintained, constructed and operated to be in
conformity with the City’s Comprehensive Plan and Code of Ordinances.
2.The use would not change the existing or planned character of the surrounding area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5.The use would not exceed the design standards of any affected street.
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.
3.01The proposal meets the specific Conditional Use Permit standards.
Section 4. City Review Process
4.01The City conducted the following review when considering this conditional use permit
request.
1.On November 18, 2025, 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 approvethis resolution.
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2.On December 8, 2025, the City Council discussed this resolution. They considered
reports and recommendations from the planning commission and City staff.
Section 5.City Council
5.01The City Council hereby _______ the resolution.Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following conditions:
1.The city council will review the permit in one year.
2.The applicant may have up to 12 motor vehicles displayed for sale in the parking lot.
The location of the motor vehicle sales display area is approved as outlined on the
applicant’s site plan. Should the owner want to modify the location of the exterior sales
area or add additional vehicles to the property, an amendment to the conditional use
permit must be requested.
3.There shall be no exterior storage of inoperable vehicles related to the motor vehicle
maintenance garage on the property or the adjacent public streets.All vehicles waiting
for repair must be stored inside the building.
4.There shall be no exterior storage of vehicles listed for sale related to the vehicle sales
business on adjacent public streets.
5.Should the owner add additional striped parking spaces on the property, a parking lot
paving permit is required to be obtained from the Department of Public Works. The
parking lot and all striped spaces must be maintained at all times.
6.The owner will construct a trash enclosure for the property as required around all trash
containersor dumpsters, and it shall be 100 percent opaque. The enclosure must
meet city ordinance requirements. The enclosure must always be maintained.
7.Should there be changes to the building's tenant mix, the property owner must submit
these details to the city for review. Before a new tenant occupies the property, the
owner must obtain approval from the city. All parking requirements must be met.
8.All vehicle deliveries and transport unloading shall be done on-site, not along public
streets.
9.All signs shall meet the City of Maplewood sign ordinance. The property owner will
obtain the necessary sign permits before installation.
10.The property owner must contact the city’s licensing division and obtain any required
licenses for the businesses that operate on the property.
Seconded by CommissionerOszman Ayes – All
The motion passed.
Commissioner Eads moved to approve a setback variance resolution for the property at 1790
Gervais Court East.
SETBACK VARIANCE RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
November 18, 2025
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Section 1. Background.
1.01Horizon Real Estate, LLC (property owner) has requested a setback variance to allow a
motor vehicle maintenance garage and a motor vehicle sales business to operate on the
property closer than 350 feet from a residentially planned property.
1.02The property is between 66 and 165 feet from the adjacent residential properties to the
north.
1.03The property located at 1790 Gervais Court East is legally described as:
THAT PART OF TRACT A, REGISTERED LAND SURVEY NO. 257, RAMSEY COUNTY,
MINNESOTA, WHICH LIES NORTH OF A LINE DESCRIBED BELOW: BEGINNING AT
A POINT ON THE EAST LINE OF SAID TRACT A, DISTANCE 40 FEET NORTH OF THE
SOUTHEAST
CORNER THEREOF; THENCE RUN WESTERLY TO A POINT ON THE WEST LINE OF
SAID TRACT A, DISTANCE 10 FEET NORTH OF THE SOUTHWEST CORNER
THEREOF AND THERE TERMINATING; EXCEPT THAT PART OF TRACT A
REGISTERED LAND SURVEY NO. 257 DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF SAID TRACT A BEING THE WEST ¼ CORNER OF
SECTION 11, TOWNSHIP 29, RANGE 22, RAMSEY COUNTY, MINNESOTA; THENCE
ON AN ASSUMED BEARING OF SOUTH 00 DEGREES 30 MINUTES 59 SECONDS
EAST ALONG THE WEST LINE OF SAID TRACT A BEING THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 11 A DISTANCE OF 540.79 FEET TO
THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE NORTH 89
DEGREES 29 MINUTES 01 SECONDS EAST A DISTANCE OF 36.58 FEET; THENCE
SOUTH 10 DEGREES 26 MINUTES 45 SECONDS WEST TO THE NORTHERLY RIGHT
OF WAY LINE OF STATE TRUNK HIGHWAY NO. 36; THENCE WESTERLY ALONG
SAID RIGHT OF WAY LINE TO THE WEST LINE OF SAID TRACT A; THENCE
NORTHERLY ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
Tax Parcel Identification: 112922320017
Section 2. Standards.
2.01Variance 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.
3.01The setback variance request meets the required standards for a variance.
1.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
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4.That the need for a variance is in harmony with the general purposes and intent of this
ordinance; and
5.That the variance is consistent with the comprehensive plan.
Section 4. City Review Process
4.01The City conducted the following review when considering the variance requests.
1.On November 18, 2025, 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 approvethis resolution.
2.On December 8, 2025, the city council discussed this resolution. They considered
reports and recommendations from the planning commission and city staff.
Section 5.City Council
5.01The city council hereby _______ the resolution. Approval of the application is based on
the findings outlined in section 3 of this resolution.
Seconded by CommissionerOszmanAyes – All
The motionpassed.
This item will go to the city council on December 8, 2025.
November 18, 2025
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CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Elizabeth Hammond, Planner
PRESENTER:Danette Parr, Community Development Director
AGENDA ITEM: Conditional Use Permit Resolution, Residential Accessory Structure, 2744
Clarence Street North
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Summary:
The property owners are proposing to add a second detached residential accessory structure to
their property at 2744 Clarence Street North. City code regulates the total area for accessory
structures based on the parcel size. The proposal to add a second detached garage exceeds the
maximum area permitted based on the lot’s size. However, the code allows the city council to
approve an increase in height or area through a conditional use permit (CUP).
Recommended Action:
Motion to approve a conditional use permit resolution for a residential accessory structure on the
property at 2744 Clarence Street North, subject to certain conditions of approval.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Safety
Sustainability Focus Area:
Development Promote residential development and thoughtful redevelopment
The city deemed the applicant’s application complete on November 7, 2025. The initial 60-day
review deadline for a decision is January 6, 2026. As stated in Minnesota State Statute 15.99, the
city can take an additional 60 days, if necessary, to complete the review.
Background:
The property owners are proposing to add a second detached residential accessory structure to
their property at 2744 Clarence Street North. City code regulates the total area for accessory
structures based on the parcel size and whether the structures are detached, attached, or a
combination of both detached and attached accessory structures.
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Sec. 44-322. - Accessory uses.
a. In the RE, R-1, R-1S, and R-2 districts:
i.The areas of accessory buildings shall be limited to the areas in the following table:
Table 44-322-1: Accessory Building Size Maximum
ii.A private garage shall not exceed 16 feet in height as measured from grade.
iii.The city council may approve an increase in height or area by conditional use permit.
Conditional Use Permit
The property is 32,207 square feet in size. There is an existing 32’ x 34’ detached garage, which is
1,088 square feet. The applicant is proposing to build a second 30’ x 40’ detached structure in the
rear of the property, which would be 1,200 square feet. The result would be 2,288 square feet of
detached accessory buildings. There is no garage attachedtothe residential home. Based on the
size of the parcel, the code allows a maximum of 1,250 square feet for detached accessory
buildings that do not have an attached garage. The proposal to add a second garage would exceed
the maximum area permitted by code.
The applicant submitted a certificate of survey, a written narrative, and building elevations to
facilitate review of the proposal. According to the applicant, the two sheds located on the north side
of the property would be removed, so these would not be included in the increased area they are
requesting. The applicant stated that, based on the existing conditions of the home and its exterior,
it wouldn’t be practical to build an attached garage next to their home. This would increase the
maximum area permitted to 1,850 square feet.
The applicant proposes a second detached structure in the rear of the property, which would
exceed the maximum detached area by 1,038 square feet. The location of the detached garage
would meet the required setbacks to the adjacent property lines. The maximum building coverage
and height requirements are also met, and the proposal otherwise complies with the code.
Commission Review
Planning Commission
November 18, 2025: The Planning Commission helda public hearing and reviewedthe
conditional use permit.The commission voted to approve the conditional use permit.
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Department Comments
None
Public Comments
Staff sent a public hearing notice and application details to the properties within 500 feet of the
subject property. Two public comments were received in support of the applicant’s proposal, which
are attached to the report.
Reference Information
Site Description
Site Size: 0.65 Acres
Surrounding Land Uses
North: Residential Dwelling
South: Residential Dwelling
East: Residential Dwelling
West: Residential Dwelling
Planning
Existing Land Use: Low-Density Residential
Existing Zoning: R1, Single Dwelling Residential
Attachments:
1.Conditional Use Permit Resolution
2.Overview Map
3.Future Land Use Map
4.Zoning Map
5.Applicant Narrative
6.Certificate of Survey
7.Garage Elevations
8.Public Comment dated November 12, 2025
9.Public Comment dated November 18, 2025
10.Planning Commission Minutes dated November 18, 2025
11.Presentation
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CONDITIONAL USE PERMIT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Korey and Amy Bateman have requested a Conditional Use Permit for residential
accessory structures on the property located at 2744 Clarence Street North.
1.02 The property located at 2744 Clarence Street North is legally described as:
The South 121.4 feet of the North 243.0 feet of Lots 63 and 64, Gardena Addition
The North 121.4 feet of the South 514.2 feet of Lots 65 and 66, Gardena Addition
Tax Parcel Identification: 032922330056
1.03 The property owner requests a conditional use permit to exceed the maximum area
permitted for detached residential structures on the property. The owner proposes to
have up to 2,288 square feet of detached accessory structures on the property.
Based on the property’s size, 1,250 square feet of detached accessory structures are
permitted. However, the city council may approve an increase in area by a
conditional use permit.
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.
1. The use would be located, designed, maintained, constructed and operated to be
in conformity with the City’s Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous, hazardous, detrimental, disturbing or
cause a nuisance to any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water or air pollution, drainage, water run-off,
vibration, general unsightliness, electrical interference or other nuisances.
5. The use would not exceed the design standards of any affected street.
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.
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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.
1.On November 18, 2025, 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 December 8, 2025, 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 _______ the resolution. Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following conditions:
1.The city council will review the permit in one year.
2.The property can have up to 2,288 square feet of detached accessory structures.
A proposal to add an attached garage or other detached accessory structures
that would further increase the total area of accessory structures on the property
requires the property owner to submit a request for an amendment to this permit.
3.All vehicles, including recreational vehicles and trailers, must meet city and state
licensing requirements and be stored either inside an accessory building or on an
approved hard surface. Parking on grass surfaces is not permitted.
4.The applicant will obtain a driveway permit from the city’s engineering division
before construction.
5.The applicant shall obtain a building permit from the city’s community
development department before construction.
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From:Michele DeMarre
To:Elizabeth Hammond
Subject:Public Hearing Notice
Date:Wednesday, November 12, 2025 12:29:04 PM
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https://aka.ms/LearnAboutSenderIdentification \]
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________________________________
Hello,
This is in regards to the public hearing for 2744 Clarence St N.
We live on the North side of Korey & Amy Bateman, who reside at 2744 Clarence St N.
We fully support the Bateman’s in building a detached structure in the rear of the property.
We can’t make the hearing & wanted it noted that we support the proposal.
Michele & Larry DeMarre
2746 Clarence St N
651-270-7583
Sent from my iPhone
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Attachment 9
From:George Farr
To:Elizabeth Hammond
Subject:Bateman"s CUP for 2744 Clarence St
Date:Monday, November 17, 2025 6:33:37 AM
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email system. Use caution when clicking hyperlinks, downloading pictures or opening
attachments.
Hello, Elizabeth.
Per our conversation, I spoke with Korey regarding my minor concern about possible noise
from the additional detached garage and any issues can and will be handled in a neighborly
fashion. Korey, Amy and family have been the best of neighbors for the last 5+ years and I
expect they will continue to be in future.
I have no problem supporting Korey and Amy Bateman’s project and request for the CUP.
Kind regards,
George Farr
2730 Clarence St N
Maplewood, MN 55109-1007
gfarr@pobox.com
612-802-8428 (cell)
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MINUTES
MAPLEWOOD PLANNING COMMISSION
7:00 P.M. Tuesday, November 18, 2025
City Hall, Council Chambers
1830 County Road B East
E.PUBLIC HEARING
1.Conditional Use Permit Resolution, Residential Accessory Structure, 2744 Clarence
Street North
Elizabeth Hammond, Planner, gave the presentationand answered questions from the
Commission. Tim Sellers, representing the applicant, addressed the Commission and answered
questions. Commissionmembers shared comments.
ChairpersonDesaiopened the public hearing.
There were no speakers on the item.
Chairperson Desaiclosed the public hearing.
Commissioner Oszman movedto approve a conditional use permit resolution for a residential
accessory structure on the property at 2744 Clarence Street North, subject to certain conditions
of approval.
CONDITIONAL USE PERMIT RESOLUTION
BE ITRESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01Korey and Amy Bateman have requested a Conditional Use Permit for residential
accessory structures on the property located at 2744 Clarence Street North.
1.02Theproperty located at 2744 Clarence Street North is legally described as:
The South 121.4 feet of the North 243.0 feet of Lots 63 and 64, Gardena Addition
The North 121.4 feet of the South 514.2 feet of Lots 65 and 66, Gardena Addition
Tax Parcel Identification: 032922330056
1.03The property owner requests a conditional use permit to exceed the maximum area
permitted for detached residential structures on the property. The owner proposes to have
up to 2,288 square feet of detached accessory structures on the property. Based on the
property’s size, 1,250 square feet of detached accessory structures are permitted.
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.
1.The use would be located, designed, maintained, constructed and operated to be in
conformity with the City’s Comprehensive Plan and Code of Ordinances.
November 18, 2025
1
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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.
3.01The proposal meets the specific Conditional Use Permit standards.
Section 4. City Review Process
4.01The City conducted the following review when considering this conditional use permit
request.
1.On November 18, 2025, 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 approvethis resolution.
2.On December 8, 2025, the City Council discussed this resolution. They considered
reports and recommendations from the planning commission and City staff.
Section 5.City Council
5.01The City Council hereby _______ the resolution.Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following conditions:
1.The city council will review the permit in one year.
2.The property can have up to 2,288 square feet of detached accessory structures. A
proposal to add an attached garage or other detached accessory structures that would
further increase the total area of accessory structures on the property requires the
property owner to submit a request for an amendment to this permit.
November 18, 2025
2
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3.All vehicles, including recreational vehicles and trailers, must meet city and state
licensing requirements and be stored either inside an accessory building or on an
approved hard surface. Parking on grass surfaces is not permitted.
4.The applicant will obtain a driveway permit from the city’s engineering division before
construction.
5.The applicant shall obtain a building permit from the city’s community development
department before construction.
Seconded by Commissioner Arbuckle Ayes – All
The motion passed.
This item will go to the city council on December 8, 2025
November 18, 2025
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CITY COUNCIL STAFF REPORT
Meeting Date December 8, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Mike Darrow, Assistant City Manager / Director of Human Resources
PRESENTER: Mike Darrow, Assistant City Manager / Director of Human Resources
AGENDA ITEM: Collective Bargaining Agreements
a. AFSCME (2026-2028)
b. IAFF Fire Fighters (2026-2028)
c. IAFF Fire Captains (2026-2028)
d. LELS Local 173 Police Sergeants (2026-2027)
e. MSA (2026Î2028)
f. LELS Local 541 Police Lieutenants (2026-2027)
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Summary:
The existing union contracts expire on December 31, 2025, for all bargaining units. Staff
recommend the City Council approve new collective bargaining agreements with these six
bargaining groups.
Recommended Action:
a. Motion to approve the 2026-2028 Collective Bargaining Agreement between the City of
Maplewood and AFSCME and authorize the Mayor and City Manager to execute the
contract on behalf of the City.
b. Motion to approve the 2026-2028 Collective Bargaining Agreement between the City of
Maplewood and IAFF Fire Firefighters and authorize the Mayor and City Manager to
execute the contract on behalf of the City.
c. Motion to approve the 2026-2028 Collective Bargaining Agreement between the City of
Maplewood and IAFF Fire Captains and authorize the Mayor and City Manager to
execute the contract on behalf of the City.
d. Motion to approve the 2026-2027 Collective Bargaining Agreement between the City of
Maplewood and LELS Local 173 Police Sergeants and authorize the Mayor and City
Manager to execute the contract on behalf of the City.
e. Motion to approve the 2026-2028 Collective Bargaining Agreement between the City of
Maplewood and MSA and authorize the Mayor and City Manager to execute the contract
on behalf of the City.
f. Motion to approve the 2026-2027 Collective Bargaining Agreement between the City of
Maplewood and LELS Local 541 Police Lieutenants and authorize the Mayor and City
Manager to execute the contract on behalf of the City.
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Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $533,678.24
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Safety Focus Area:
Sustainability Focus Area: Support and develop staff and human resources
Development Focus Area:
The proposed contracts meet strategic priorities for financial management and encourage
employee retention.
Background:
In the spring of 2025, the City Council met in closed session to discuss strategy and to provide
direction. City Council discussed the financial impacts of these contracts as well as the professional
services and value of our employees. In the opinion of staff, the following findings are made:
During that meeting, staff highlighted the key pillars of our negotiation process for all union
and non-union positions: the ability to pay, pay equity and comparable salaries with other
positions in other communities with similar tax compacities.
EmployerÓs ability to pay. Compensation and benefits do not compromise the fiscal health of
the city and fit within the parameters of the revenue generated from the CityÓs tax levy; as
well as budgeted expenditures approved in the 2025 and upcoming 2026 budget.
o The AFSCME, IAFF Captains, IAFF Fire Fighters, and MSA contracts include a three
(3) year contract with a general wage adjustment of 3% for each of the three years.
o LELS Sergeants is a two (2) year contract with a general wage adjustment of 3% for
each year. LELS Sergeants will be placed at Grade 12B beginning on January 1,
2026.
o LELS Lieutenants is a two (2) year contract with a general wage adjustment of 3%
th
for each year. LELS Lieutenants will be placed on Step H at the 14 pay period of
2026.
Valuing City employees and other economic factors. Compensation and benefits are
competitive in the market which will continue to favorably position the city to retain and
recruit employees.
Compensation/Wages. These contracts reflect the CityÓs commitment toward competitive
wages for our employees while underscoring our focus on exceptional services, a culture
that supports and empowers and strong relationships.
There have been ongoing technical issues with the formatting of the redlined versions of our
contracts due to their age and the cumulative changes made to these documents over many years.
Moving forward, staff are committed to resolving these issues by creating clean, updated versions
of all contracts.
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Attachments:
1. AFSCME Summary of Changes
2. AFSCME (2026-2028) Collective Bargaining Agreement
3. IAFF Fire Fighters Summary of Changes
4. IAFF Fire Fighters (2026-2028) Collective Bargaining Agreement
5. IAFF Fire Captains Summary of Changes
6. IAFF Fire Captains (2026-2028) Collective Bargaining Agreement
7. LELS Local 173 Police Sergeants Summary of Changes
8. LELS Local 173 Police Sergeants (2026-2027) Collective Bargaining Agreement
9. MSA Summary of Changes
10. MSA (2026-2028) Collective Bargaining Agreement
11. LELS Local 541 Police Lieutenants Summary of Changes
12. LELS Local 541 Police Lieutenants (2026-2027) Collective Bargaining Agreement
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Minnesota A.F.S.C.M.E Council No 5, Local 2725 Clerical/Technical & Maintenance Units
Contract Changes Summary
3 year contract, 2026-2028
3% wage increase each year of the contract
Add Juneteenth to the holiday list
Update bereavement leavefor consistency
Replace parenting leave with Minnesota Paid Family Leave
Update and condense insurance article to remove outdated language and
consistency with other contracts
Increase tool allowance in 2026 and conclude allowance as the City will provide
The employer will provide the full premium for Minnesota Paid Leave program for the
duration of the current contract
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Changes Summary
3 year contract, 2026-2028
3% wage increase each year of the contract
Update bereavement leave for consistency
Update and condense insurance article to remove outdated language and
consistency with other contracts
Replace previous Addendum A with language that outlines employees will
adhere to the uniform guidelines
Compensatory time language from personnel policy added to the contract
Holiday time provided in a bank of hours at the beginning of the year as personal
holidays
Deferred compensation decreased from $150.00 per month to $120.00 per
month
The employer will provide the full premium for Minnesota Paid Leave program for
the duration of the current contract
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Changes Summary
3 year contract, 2026-2028
3% wage increase each year of the contract
Update bereavement leave for consistency
Update and condense insurance article to remove outdated language and
consistency with other contracts
Add vacation bid language
Compensatory time language from personnel policy added to the contract
Holiday time provided in a bank of hours at the beginning of the year as personal
holidays
Deferred compensation decreased from $150.00 per month to $120.00 per
month
$3.00 per hour if operating solo out of a command vehicle
The employer will provide the full premium for Minnesota Paid Leave program for
the duration of the current contract
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Law Enforcement Labor Services Inc, Sergeants Local 173
Contract Changes Summary
2 year c
ontract
3% general wage increaseeach year of the contract
Annual leave conversion from personnel policy added to contract
Clarify holiday is provided in a bank of hours and add Juneteenth to the list of
holidays
Update bereavement leave for consistency
Update and condense insurance article to remove outdated language and
consistency with other contracts
Increase uniform allowance $50 per year
The employer will provide the full premium for Minnesota Paid Leave program for the
duration of the current contract
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The Metro Supervisory Group Contract Change Summary
3 year contract, 2026-2028
3% wage increase each year of the contract
Update bereavement leave for consistency
Update and condense insurance article to remove outdated language and
consistency with other contracts
Correct holidays to note 11 instead of 10
The employer will provide the full premium for Minnesota Paid Leave program for
the duration of the current contract
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Contract Changes Summary
2 year contract
3% general wage increase each year of the contract
Update bereavement leave for consistency
Update and condense insurance article to remove outdated language and
consistency with other contracts
Lieutenants will be placed on the new step H of the wage schedule mid 2026
The employer will provide the full premium for Minnesota Paid Leave program for the
duration of the current contract
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For the Permanent Record:
Meeting Date: December 8, 2025
F2 - letter passed to councilmembers
For the Permanent Record:
Meeting Date: December 8, 2025
F2 - letter passed to councilmembers
For the Permanent Record:
Meeting Date: December 8, 2025
F2 - letter passed to councilmembers