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HomeMy WebLinkAbout2006 04-10 City Council Packet6:00 p.m. CouncillManager Workshop MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 10 Council Chambers, City Hall Meeting No. 88-10 B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Counhy C. ROLL CALL Mayor's Address onProtocol: "Welcome to the meeting of the Maplewood City Council. It/n our desire to keep all discussions civil aowe work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed bo the Mayor and Council. / then will direct staff, eo appropriate, bo answer questions or respond /000/nnnen/o." E. APPROVAL OF MINUTES 1. Minutes from the March 23.2U06 Special City Council Meeting 3. Minutes from the March 27.2O08 City Council Meeting 3. Minutes from the April 3 Council/Manager Workshop F. VISITOR PRESENTATIONS G. APPOINTMENTS/PRESENTATIONS All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Ramsey County CDBG Agreement 3. Conditional Use Permit Review —GnJb8rG(1702 White Bear Avenue) 4. Temporary Gambling — Church of the Presentation of Blessed Virgin Mary 5. Donation tO the [}.A.R.E. Program 8. OVn8UVn to the Cops 'n Kids Fishing Clinic 7. June 12.2OU0 Council Meeting 8t Carver Elementary 8. Release Df Master Development Agreement/Legacy Village 1. PUBLIC HEARINGS K. UNFINISHED BUSINESS 1. Conditional Use Permit Review — Comfort Bus Company (1870 Rice Street) 2. City Manager Purchasing Authority Ordinance — Second Reading 3. Predatory Offender Ordinance — Draft /First Reading 4. Preservation of City Records L. NEW BUSINESS 1. Removal of City Manager 2. Responsible Authority-Data Practice Request 3. By-Law Change Fire Fighters Relief Association 1. Maplewood Community Center Update 2. Joint Powers Board 3. Council Portrait Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some 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: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item El (Amended 04 -06 -06) MINUTES- -DRAFT MAPLEWOOD CITY COUNCIL SPECIAL MEETING 5:00 P.M. Thursday, March 23, 2006 Council Chambers, City Fall Meeting No. 06 -08 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Rebecca Cave, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilm Will Rossbach, Councilinember OTHERS PRESENT: City Manager Fursman Public Works Director Ahl Assistant City Manager Coleman REAL Director Guilfoile Police Chief Thomalla IT Director Fowlds Finance Director Faust D. APPROVAL OF AGENDA to abnrove the auenda as Seconded by Councihnernber Rossbach Ayes -All E. AWARD OF BIDS 1. Bid Award on Improvement Bonds and Equipment Certificates a. City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. C. John Moir, Springsted Incorporated, gave further specifics of the bond and certificates and answered questions from council. In accordance with the resolution adopted by the City Council on February 27, 2006, the City Clerk presented proposals on $6,085,000 General Obligation Improvement Bonds, Series 2006A, which were received and tabulated at the offices of Springsted Incorporated on this same day: Special City Council Meeting 03 -23 -06 1 Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 j Springsted Tel: 651-223-3000 Fax: 651-223-3002 Email: advisors@springsted.com www.springsted.com $6,085,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A (BOOK ENTRY ONLY) F—IATITI- 0 SALE: March 23, 2006 Moody's Rating: Aaa XL Capital Assurance Insured Interest Net Interest True Interest Bidder Rates Price Cost Rate PIPER JAFFRAY & CO. 3.75% 2007-2008 $6,099,688.20 $2,919,440.13 4.0041% 4.00% 2009-2022 4.05% 2023 4.10% 2024 4.125% 2025 4.15% 2026 STERNE, AGEE & LEACH, INC. 3.50% 2007-2009 $6,025,691.28 $2,903,552.47 4.0061% J.P. MORGAN SECURITIES, INC. 3.75% 2010-2018 COMMERCE CAPITAL MARKETS, INC. 3.875% 2019-2020 4.00% 2021-2024 4.125% 2025-2026 STEPHENS, INC. 3.75% SUNTRUST CAPITAL MARKETS, INC. 3.80% RBC CAPITAL MARKETS 3.875% FIRST TRUST PORTFOLIOS, L.P. 4.00% 4.10% 4.125% 2007-2017 $6,024,346.80 $2,915,640.28 4.0237% 2018 2019-2020 2021-2023 2024 2025-2026 STIFEL, NICOLAUS & CO., INC. 3.50% 2007-2009 $6,051,088.14 $2,935,886.86 4.0497% 4.00% 2010-2026 (Continued) PIPER JAFFRAY & CO. Special City Council Meeting 03-23-06 N Interest Net Interest True Interest Bidder Rates Price Cost Rate HARR|SN�� 3.80Y6 2007-2016 FTN Financial Capital Markets 3.85% 2017 |saakBond |nvaobnnnts Inc. 3.875% 2018 The Bankers Bank 3.90Y6 2019-2020 Axelrod Associates, Inc. 3.95% 2021 3.50% 4.00% 2022 3.55% 4.10Y6 2023-2024 3.60% 4.15% 2025-2026 CRON|N& COMPANY, INCORPORATED 4.00Y6 2007-2021 86.082.352.20 $2,866 CNGRDUP GLOBAL MARKETS, INC. 4.10Y6 2022-2023 UBS FINANCIAL SERVICES INC. 4.20Y6 2024 4.25% 2025-2026 REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 37596 2007 340Y6 37596 2008 3.50% 4.0096 2008 3.4596 4.00% 2010 3.50% 4.0096 2011 3.55% 4.0096 2012 3.60% 4.00Y6 2013 3.625% 4.0096 2014 3.65% 4.0096 2015 370Y6 4.0096 2016 3.75% 4.0096 2017 3.8096 4.00% 2018 3.85% 4.0096 2018 3.90% 4.0096 2020 3.95% 4.0096 2021 Par 4.0096 2022 4.05Y6 4.0596 2023 4.10Y6 4.1096 2024 4.125% 4.125% 2025 4.1596 4.15% 2026 4.20% 41737% BB|: 4.40% Average Maturity: 11.945 Years Special City Council Meeting 03-23-06 3 The Council then proceeded to consider and discuss the proposals, after which member Rossbach introduced the following resolution and moved its adoption: RESOLUTION 06 -03 -036 ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $6,085,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A, PROVIDING FOR THEIR ISSUANCE, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $6,085,000 General Obligation Improvement Bonds, Series 2006A (the "Bonds "), of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvement projects within the City (the "Improvements "); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, the City has heretofore issued General Obligation Improvement Bonds, Series 20048, dated August 1, 2004 (the "2004 Bonds ") to finance improvements to (1) County Road D, Hazelwood to Highway 61 and (ii) County Road D, West of Highway 61 (the "County Road D Improvements "). The City has incurred additional costs in connection with the County Road D Improvements and these additional costs are being financed by a portion of the proceeds of the Bonds. The City is not assessing additional property owners with respect to these additional costs of the County Road D Improvements. Not less than 20% of the cost of the County Road D Improvements was assessed to benefited property owners and the special assessments were pledged to the payment of the 2004 Bonds. D. WHEREAS, it is in the best interests of the City that the Bonds be issued in book -entry form as hereinafter provided: and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal The proposal of Piper Jaffray (the "Purchaser "), to purchase the Bonds of the City (or individually, a 'Bond "), in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $6,099,688.20, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The City Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2. Bond Terms (a) Title, Original Issue Date, Denominations, Maturities, Term Bond Option The Bonds shall be titled "General Obligation Improvement Bonds, Series 2006A ", shall be dated April 1, 2006, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "). The Bonds shall mature on August 1 in the years and amounts as follows: Special City Council Meeting 03 -23 -06 4 Year Amount Year Amount 2007 $ 35,000 2017 $345,000 2008 35,000 2018 355,000 2009 255,000 2019 360,000 2010 300,000 2020 370,000 2011 305,000 2021 380,000 2012 310,000 2022 395,000 2013 315,000 2023 305,000 2014 325,000 2024 315,000 2015 330,000 2025 330,000 2016 335,000 2026 345,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the 'Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Particinant holds an interest in the Bonds shown on the books and records of the Participant (the 'Beneficial Owner"). :Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose Special City Council Meeting 03 -23 -06 5 whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the 'Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry OnlySystem Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving -written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. Special City Council Meeting 03 -23 -06 6 Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof (d) Letter of Representations The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3_ Purpose, Cost The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4_ Interest The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2007, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows. Maturity Interest Maturity Interest Year Rate Year Rate 2007 3.75% 2017 4.00% 2008 3.75 2018 4.00 2009 4.00 2019 4.00 2010 4.00 2020 4.00 2011 4.00 2021 4.00 2012 4.00 2022 4.00 2013 4.00 2023 4.05 2014 4.00 2024 4.10 2015 4.00 2025 4.125 2016 4.00 2026 4.15 5_ Redemption All Bonds maturing on August 1, 2017, and thereafter, shall be subject to redemption and prepayment at the option of the City on August 1, 2016, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and Special City Council Meeting 03 -23 -06 7 interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6_ Bond Registrar U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form. UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD 0 GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2006A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP % AUGUST 1, APRIL 1, 2006 Special City Council Meeting 03 -23 -06 8 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Maplewood, Ramsey County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2007, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the 'Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or 'Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption All Bonds of this issue (the 'Bonds ") maturing on August 1, 2017 and thereafter are subject to redemption and prepayment at the option of the Issuer on August 1, 2016, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shah be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemption: Partial Redemption To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds Special City Council Meeting 03 -23 -06 9 of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance, Purpose: General Obligation This Bond is one of an issue in the total principal amount of $6,085,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on March 23, 2006 {the "Resolution "), for the purpose of providing money to finance various improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2006A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations, Exchange; Resolution The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax- Exempt Obligation This Bond has been designated by the Issuer as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been perfonued, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Special City Council Meeting 03 -23 -06 10 Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature The following abbreviations, when used as though they were written out in full acct Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY MINNESOTA /s/ Facsimile Mayor /s/ Facsimi Clerk TEN COM - as tenants in common TEN ENT - as tenants by the entireties 3T TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cult) (Minor) er the Uniform Minors Bond, shall be construed ns: iations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Special City Council Meeting 03 -23 -06 11 Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include in pint account.) This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED AMOUNT SIGNATURE OF HOLDER Special City Council Meeting 03 -23 -06 12 8. Execution, Temporary Bonds The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or tacsmule of whose sig the delivery of the Bonds, such ig purposes, the same as if he or she 1 lieu of printed definitive bonds, on forth above, with such changes as i temporary bond. Such temporary I Mayor and Clerk. Such temporary execution thereof, be exchanged th ire shall appear on the Bonds shall cease to be such officer before re or facsimile shall nevertheless be valid and sufficient for all emained in office until delivery. The City may elect to deliver, in more typewritten temporary bonds in substantially the form set be necessary to reflect more than one maturity in a single s may be executed with photocopied facsimile signatures of the ds shall, upon the printing of the definitive bonds and the )r and canceled. 9. Authentication No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is April 1, 2006. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration, Transfer, Exchange The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Special City Council Meeting 03 -23 -06 13 Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for canceled by the Bond Registrar and thereafter disposed of as directed All Bonds delivered in exchange for or upon transfer of Bonds City evidencing the same debt, and entitled to the same benefits t surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or accompanied by a written instrument of transfer, in fo by the Holder thereof or his, her or its attorney duly at The Bond Registrar may require payment of a sum sufficient to coi charge payable in connection with the transfer or exchange of any Bo regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City the Bond Registrar, including regulations which permit the Bond Ides between record dates and payment dates. The Clerk is hereby author teens of said agreement. 11. Rights Upon Transfer or Exchange Ea for or in lieu of any other Bond shall carry all the rights which were carried by such other Bond. Payment Date by check or c on the registration books of thereon at the close of busin Interest Payment Date (the " payable to the person who is person who is the Holde the Bond Registrar whei the Special Record Date prior to the Special Rec( resolution shall be promptly be valid general obligations of the this resolution, as the Bonds duly endorsed or be ie Bond Registrar, duly executed any tax or other governmental and any legal or unusual costs tained in any agreement with r to close its transfer books to negotiate and execute the delivered upon transfer of or in exchange yt accrued and unpaid, and to accrue, vent; Record Date Interest on any Bond shall be paid on each Interest aft mailed to the person in whose name the Bond is registered (the "Holder ") he City maintained by the Bond Registrar and at the address appearing ass on the fifteenth (15th) day of the calendar month next preceding such Zegul r Record Date "). Any such interest not so timely paid shall cease to be the holder thereof as of the Regular Record Date, and shall be payable to the reof at the close of business on a date (the "Special Record Date ") fixed by money becomes available for payment of the defaulted interest. Notice of 1 be given by the Bond Registrar to the Holders not less than ten (10) days Date. 13. Treatment of Registered Owner The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery: Application of Proceeds The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof Special City Council Meeting 03 -23 -06 14 15. Funds and Accounts There has heretofore been created a capital projects fund designated the "Public Improvement Projects Fund" held and administered by the Finance Director separate and apart from all other funds of the City. The Public Improvement Projects Fund shall continue to be maintained in the manner heretofore specified. In the Public Improvement Projects Fund there shall be created and maintained separate construction accounts (the "Construction Accounts ") for each improvement financed by this bond issue. To the Construction Accounts there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of the minimum bid, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Accounts there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65, and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Accounts, the balance (other than any special assessments) may be transferred by the City Council to the accounts of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Accounts shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.6 1, Subdivision 1. There is hereby created a debt service fund to be designated the General Obligation Improvement Bonds, Series 2006A Fund (the "Debt Service Fund ") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Debt Service Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Fund: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Accounts and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of the minimum bid; (d) available City funds in the amount of $203,852.08, deposited at closing, sufficient to pay interest due on the Bonds on or before February 1, 2007; (e) any collections of all taxes herein or hereafter levied for the payment of the principal and interest on the Bonds; (f) all funds remaining in the Construction Accounts after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (g) all investment earnings on funds held in the Debt Service Fund; and (h) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Fund. The Debt Service Fund shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (ii) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Accounts or Debt Service Fund (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by Special City Council Meeting 03 -23 -06 15 said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Assessments It is hereby determined that no less than twenty percent (20 %) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by taw to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized in accordance with Minnesota Statutes, Section 475.55, Subdivision 3. The assessments are payable in equal annual installments with interest on the declining balance at the rates specified below. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shalt be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rates per annum specified below: Kenwood Area N At the time the assessments are in fact estimated collections of the assessments, levied in order to assure that the City cor 475.61, Subdivision 1. Collection Levy Years Years Rates 2006 -2020 2007 -2021 5.90% the City Council shall, based on the then- current any adjustments in any ad valorem taxes required to be to be in compliance with Minnesota Statutes, Section 17. Tax Levy, Coverage Test To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax roils and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Year of Tax Levy Tax Collection Amount SEE ATTACHED SCHEDULE The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five Special City Council Meeting 03 -23 -06 16 percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.6 1, Subdivision 3. 18. Defeasance When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations The prov=isions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and/or covenants as (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (1) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $ 100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after Special City Council Meeting 03 -23 -06 17 payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 19 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax - exempt status of the Bonds. 20. Continuing Disclosure The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (1) each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (1) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Molders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place with "Officers " are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. General Obligation Pledg For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. 22. Certificate of Registration A certified copy of this resolution is hereby directed to filed in the offices of the County Auditor of Ramsey County, Minnesota, together with such other information such County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. Special City Council Meeting 03 -23 -06 18 23. Records and Certificates The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Proceeds and Improvements The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 143 and 141 through 154 of the Code. 25. Tax - Exempt Status of the Bonds; Rebate; Elections The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 24 -month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148- 7(d)(1) of the Regulations. The Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. Designation of Qualified Tax - Exempt Obligations In order to qualify the Bonds as "qualified tax exempt obligations " within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bands" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations " for purposes of Section 265(b)(3) of the Code. (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2006 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2006 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Severabili ty . If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. Special City Council Meeting 03 -23 -06 19 28. Headings Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Tax Levy Calculation $6,085,000 City of Maplewood, Minnesota General Obligation Improvement Bonds Series 2006A Post -Sale Tax Levies Date Principal Coupon Interest Total P +I 105 % Overlevy , Special Levy Amount Levy Year 08101/2006 - - - - - - - - - - 08101/2007 3 35,000.00 3 3.750% 3 326163.33 3 361,163.33 3 379,221.50 - - 2 2005' 08101/2008 3 35,000.00 3 3.750% 2 243,310.00 2 278,310.00 2 292,225.50 2 221,220.57 4 450,226.43 2 2006 ** 08101/2009 2 295,000.00 4 4.000 % 2 241,997.50 5 536,997.50 5 563,847.38 1 191,785.76 3 372,061.62 2 2007 08101/2010 3 300,000.00 4 4.000% 2 230197.50 5 530,197.50 5 556.707.38 1 185,588.96 3 371,118.42 2 2008 08/01/2011 3 305.000.00 4 4.000 %4 2 218,197.50 5 523,197.50 5 549,35738 ' 1 179,392.16 3 369,965.22 2 2009 08101/2012 3 310,000.00 4 4.000 % 2 205,997.50 5 515,997.50 5 541,797.38 1 173,195.35 3 368,602.03 2 2010 08101/2013 3 315,000.00 4 4.000% 1 191597.50 5 508,597.50 5 534.027.38 1 166,998.54 3 367,028.84 2 2011 08/01/2014 3 325.000.00 4 4.000 %4 1 180,997.50 5 505,997.50 5 531,297.38 1 160,801.74 3 370,495.64 2 2012 08101/2015 3 330,000.00 4 4.000 % 1 167,997.50 4 497,997350 5 522,897.38 1 154,604.94 r r 368,292.44 2 2013 08101/2016 3 335,000.00 4 4.000% 1 154,797.50 4 489,797,50 5 514,287.38 1 148,408.14 3 365,879.24 2 2014 08/01/2017 3 345.000.00 4 4.000 %4 1 141,397.50 4 486,397.50 5 510,717.38 1 142,211.34 3 368,506.04 2 2015 08101/2018 3 355,000.00 4 4.000 % 1 127,597.50 4 482 597.50 5 506,727.38 1 136,01454 3 370,712.84 2 2016 08101/2019 3 360,000.00 4 4.000% 1 113,397.50 4 473,397.50 4 497,06738 1 129,817.74 3 367,249.64 2 2017 08/01/2020 3 370,000.00 4 4.000% 9 98,997.50 4 468,997,50 4 492,447.38 1 123,620.93 3 368,826.45 2 2018 08101/2021 3 380,000.00 4 4.000 % 8 84,197.50 4 464,197.50 4 487,407.38 1 117,424.13 3 369,983.25 2 2019 08101/2022 3 395,000.00 4 4.000% 6 68,997.50 4 463,997.50 4 487,197.38 1 111,227.33 3 375,970.05 2 2020 08/01/2023 3 305.000.00 4 4.050 %4 5 53,197.50 3 358,197.50:';. 3 376,107.38 - - 3 376,107.38 2 2021 08101/2024 3 315,000.00 4 4.100% 4 40,845.00 3 355,845.00 3 371637.25 3 373,637.25 2 2022 08101/2025 3 330,000.00 4 4.125% 2 27,930.00 3 357,930.00 3 375,826.50 3 375,826.50 2 2023 08/01/2026 3 345.000.00 4 4.150% 1 14,317.50 3 359,317.50 3 377,283.38 3 377,283.38 2 2024 Total $ $6085;000.00 - - $ $2,934,128.33 $ $9,019,128.33 $ $9,470,084.75 $ $2,342,312.17 $ $7,127,772.58 The City expects to make this payment from available funds, which will be reimbursed with the first levy for this issue. This levy will be sufficient to pay the principal and interest payments due in 2008 and to reimburse the City for the February 1, 2007 and August 1, 2007 debt service payments. Deposits to the debt service fund of $12,231.13 of accrued interest and $90,750.20 of premium and unused discount will be used to reduce this levy requirement. The motion for the adoption of the foregoing resolution was duly seconded by member Juenemann and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof. Mayor Longrie and Council Members Juenemann, Cave and Rossbach and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. In accordance with the resolution adopted by the City Council on February 27, 2006, the City Clerk presented proposals on $290,000 General Obligation Equipment Certificates of Indebtedness, Series 2006B, which were received and tabulated at the offices of Springsted Incorporated on this same day: Special City Council Meeting 03 -23 -06 20 Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, IVIN 55101 -2887 // Springsted Tel: 651- 223 -3000 Fax: 651- 223 -3002 Email: advisors @springsted.com www.springsted.com $290,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 20068 ,T,:1 SALE: NORTHLAND SECURITIES, INC. March 23, 2006 Moody's Rating: Aa2 Rate Interest Yield Net Interest True Interest Bidder Rates Price Cost Rate 2009 3.50% 4.00% 2010 3.55% NORTHLAND SECURITIES, INC. 3.40% 2007 $291,757.20 $37,203.63 3.6892% 3.45% 2008 4.00% 2009 -2011 CRONIN & COMPANY, INCORPORATED 4.00% 2007 -2011 $291,465.40 $38,601.27 3.8343% MILLER JOHNSON STEICHEN KINNARD 4.00% 2007 -2011 $288,695.00 $35,571.67 4.1574% UNITED BANKERS' BANK 4.00% 2007 -2011 $287,100.00 $42,966.66 4.3109% Rate Year Yield 3.40% 2007 Par 3.45% 2008 Par 4.00% 2009 3.50% 4.00% 2010 3.55% 4.00% 2011 3.60% BBI: 4.40% Average Maturity: 3.454 Years Special City Council Meeting 03 -23 -06 21 The council then proceeded to consider and discuss the proposals, after which Member Rossbach introduced the following resolution and moved its adoption: RESOLUTION 06 -03 -037 ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $290,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006B, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $290,000 General Obligation Equipment Certificates of Indebtedness, Series 2006B of the City (the "Certificates" or, individually, a "Certificate "), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the acquisition of capital equipment for the City (the "Project "); and B. WHEREAS, each item of equipment to useful life at least as long as the term of the Certificates; C. WHEREAS, the principal amount of the percent (025 %) of the market value of the taxable prope $9,054,804); and D. WHEREAS, it is in the best entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED Minnesota, as follows: Certificates be issued in book- City Council of the City of Maplewood, 1. Acceptance of Proposal The proposal of Northland Securities (the "Purchaser "), to purchase the Certificates in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $291,757.20, plus accrued interest to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The City Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful bidders their good faith checks and drafts. 2. Certificate Terms (a) Original Issue Date, Denominations; Maturities The Certificates shall be dated April 1, 2006, as the date of original issue, shall be issued forthwith on or after such date in fully registered forth, shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations ") and shall mature, without option of prepayment, on August 1 in the years and amounts as follows: Certificates has an expected rtificates does not exceed one - quarter of one in the City ($3,621,921,400 times 0.25% is Special City Council Meeting 03 -23 -06 22 Year Amount Year Amount 2007 $50,000 2010 $60,000 2008 55,000 2011 65,000 2009 60,000 (b) Book Entry OnlySystem The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Certificates, and to this end: (i) The Certificates shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Certificate for each maturity of the Certificates; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. (ii) Upon initial issuance, ownership of the Certificates shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Certificates neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Certificates as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Certificates shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Certificates, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Certificates, including any notice of redemption., or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Certificates, or (D) the consent given or other action taken by the Depository as the Register Folder of any Certificates (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Certificates are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Certificates for the purpose of payment of the principal of and premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to the Certificates, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to the Certificates, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Certificates only to or upon the Holder of the Holders of the Certificates as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Certificates to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, Special City Council Meeting 03 -23 -06 23 and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Certificate is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on the Certificate and all notices with respect to the Certificate shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Certificates (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Certificates, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Certificate issued in book - entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in the Certificates. (viii) In connection with any notice or other commr Holders pursuant to this Resolution by the City or Registrar w action to be taken by Holders, the Depository shall consider tl requesting the consent or other action as the record date for th that the City or the Registrar may establish a special record da The City or the Registrar shall, to the extent possible, give the record date not less than 15 calendar days in advance of the sr possible. ication to be provided to the 1 respect to any consent or other date of receipt of notice .onsent or other action; provided, for the consent or other action. repository notice of the special aal record date to the extent (ix) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) T services and_termir 0) to the Cert responsibil the Deposi to carry ou transfers tl of Book -Entry Only System Discontinuance of a particular Depository's ie book -entry only system may be effected as follows: The Depository may determine to discontinue providing its services with respect ficates at any time by giving written notice to the City and discharging its [ties with respect thereto under applicable law. The City may terminate the services of :ory with respect to the Certificate if it determines that the Depository is no longer able its functions as securities depository or the continuation of the system of book -entry rough the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume the functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Certificate that the Beneficial Owners be able to obtain certificates for the Certificates, the Certificates shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Certificates shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Certificates will be delivered to the Beneficial Owners. Special City Council Meeting 03 -23 -06 24 10. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph (d) Letter of Representations The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Pup2ose. The Certificates shall provide funds to finance the Project, particularly for the acquisition of capital equipment having a useful life at least as long as the Certificates. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. Interest The Certificates shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2007, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year 2007 2008 2009 2010 2011 5. No Redemption The prior to their maturity. 31 registrar and transfer agent with resp until a successor Registrar is duly ap execute which is consistent herewith successor paying agent is duly appoi registered holders (or record holders and paragraph 12. 3.40% 3.45 4.00 redemption and prepayment onal Association, in St. Paul, Minnesota, is appointed to act as the Certificates (the "Registrar "), and shall do so unless and ,d, all pursuant to any contract the City and Registrar shall Registrar shall also serve as paying agent unless and until a Principal and interest on the Certificates shall be paid to the Certificates in the manner set forth in the form of Certificate 7. Form of Certificate The Certificates, together with the Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2006A Special City Council Meeting 03 -23 -06 25 Interest Rate Maturi . Date Date of Original Issue CUSIP AUGUST 1, APRIL 1, 2006 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Maplewood, Ramsey County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prepayment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2007, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Certificate will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof The principal of and premium, if any, on this Certificate are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder ") on the registration books of the Issuer maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. So long as this Certificate is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Certificate and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the book -entry only system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee. No Redemption The Certificates of this issue (the "Certificates ") are not subject to redemption and prepayment prior to their maturity. Issuance; Purpose; General Obligation This Certificate is one of an issue in the total principal amount of $290,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on March 23, 2006 (the "Resolution "), for the purpose of providing money to finance the purchase of various items of capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates of Indebtedness, Series 2006B Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution The Certificates are issuable in fully registered form in Special City Council Meeting 03 -23 -06 26 Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Certificates of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Registrar. Copies of the Resolution are on file in the principal office of the Registrar. Transfer This Certificate is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. Authentication This Certificate shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Registrar. Qualified Tax- Exempt Obligation This Certificate has been designated by the Issuer as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Certificate, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNE Council has caused and its Clerk, the a Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION REGISTRAR'S CERTIFICATE CITY OF MAPLEWOOD, OF AUTHENTICATION RAMSEY COUNTY, MINNESOTA This Certificate is one of the Certificates described in the Resolution mentioned within. 'REOF, the City of Maplewood, Ramsey County, Minnesota, by its City tificate to be executed on its behalf by the facsimile signatures of its Mayor seal of the Issuer having been intentionally omitted as permitted by law. Special City Council Meeting 03 -23 -06 27 U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota, Registrar By Authorized Signature /s/ Facsimile Mayor Is/ Facsimile Clerk ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties 3T TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for under the (Cust) (Minor) (State) Uniform Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books Dept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: Special City Council Meeting 03 -23 -06 28 (Include information for all joint owners if the Certificate is held by joint account.) Execution; Temporary Certificates The Certificates shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of the signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either officer, the Certificates may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive certificates, one or more typewritten temporary certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary certificate. Such temporary certificates may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary certificates shall, upon the printing of the definitive certificates and the execution thereof, be exchanged therefor and canceled. 8_ Authentication No Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the City on each Certificate by execution of the Certificate of Authentication on the Certificate and, by inserting as the date of registration in the space provided, the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue, which date is April 1, 2006. The Certificate of Authentication so executed on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolution. 9. Registration, Transfer, Exchange The City will cause to be kept at the principal office of the Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general Special City Council Meeting 03 -23 -06 29 obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Registrar, including regulations which permit the Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 10. Rights Upon Transfer or Exchange Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 11. Interest Payment; Record Date Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder ") on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar mouth next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record fate, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten days prior to the Special Record Date. 12. Treatment of Registered Owner The City and Registrar may treat the person in whose name any Certificate is registered as the owner of the Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Certificate and for all other purposes whatsoever whether or not the Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. 13. Delivery; Application of Proceeds The Certificates when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof 14. Fund and Accounts There is hereby created a special fund to be designated the "General Obligation Equipment Certificates of Indebtedness, Series 2006B Fund" (the "Fund ") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund a "Capital Account" and a "Debt Service Account ". (a) Capital Account To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less any amount paid for the Certificates in excess of the minimum bid and less accrued interest received thereon. From the Capital Account there shall be paid all costs and expenses of the acquisition of the Project including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be Special City Council Meeting 03 -23 -06 30 used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. (b) Debt Service Account There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (1) all accrued interest received upon delivery of the Certificates; (ii) any amount paid for the Certificates in excess of the minimum bid; (iii) any collections of all taxes herein or hereafter levied for the payment of the Certificates and interest thereon; (iv) available City funds in the amount of $9,164.58, deposited at closing, sufficient to pay interest due on the Bonds on or before February 1, 2007; (v) all funds remaining in the Capital Account after the payment of all costs of the Project; (vi) all investment earnings on funds held in the Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Certificates shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Certificates or S100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates payable therefrom) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 15. Tax Levy; Coverage Test To provide moneys for payment of the principal and interest on the Certificates there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon, the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Lew Year of Tax Collection Amount SEE ATTACHED SCHEDULE The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 16. Continuing Disclosure The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate state information depository ( "SID "), if any, Special City Council Meeting 03 -23 -06 31 for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (1) each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (1) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of those covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (1) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 17. Defeasance When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and /or reinv=estment, to pay all amounts to become due thereon to maturity. 18. General Obligation Pledge For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Certificate of Registration The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as the County Auditor shall require, and to obtain from the County Auditor a certificate that the Certificates have been entered in the County Auditor's Register and that the tax levy required by law has been made. 20. Records and Certificates The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Certificates, certified copies of all proceedings and records of the City relating to Special City Council Meeting 03 -23 -06 32 the Certificates and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Certificates as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Compliance with Reimbursement Bond Regulations The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Certificates, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (1) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose' of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (1) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Certificates. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the rtes or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the (c)' The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Certificates and in all events' within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a meriting that evidences the City's use of bond proceeds to reimburse the Reimbursement Expenditure and, if made within thirty days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax- exempt status of the Certificates. 22. Negative Covenant as to Use of Certificate Proceeds and Project The City hereby covenants not to use the proceeds of the Certificates or the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to Special City Council Meeting 03 -23 -06 33 cause the Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 23. Tax - Exempt Status of the Bonds; Rebate, Elections The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18 -month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148- 7(d)(1) of the Regulations. The Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 24. Designation of Qualified Tax - Exempt Obligations In order to qualify the Certificates as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Certificates are issued after August 7, 1986; (b) the Certificates are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Certificates as "qualified tax- exempt obligations" for purposes of Section 265(b)(3) of the Code. (d) the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2006 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2006 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 25. Severabilitv If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 26. Headings Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Special City Council Meeting 03 -23 -06 34 Tax Levy Calculation $290,000 City of Maplewood, Minnesota General Obligation Equipment Certificates of Indebtedness Series 20068 Post-Sale Tax Levies Date Principal Coupon Interest Total P+I 105% Year 08101/2006 - - - - 08/01/2007 50,000.00 3.400% 14,663.33 64,663.33 2005* 08/01/2008 55,000.00 3.450% 9,297.50 64,297.50 135,408.88 2006** 08/01/2009 60,000.00 4.000% 7,400.00 67,400.00 70,770.00 2007 08/01/2010 60,000.00 4.000% 5 65,000.00 68,250.00 2008 1 08/01/2011 65.000.00 4.000% 2 67,600.00 70,980.00 2009 1 Total $290,000.00 - $38 5328,960,83 $345,408.88 The City expects to make this payment from available City funds, which will be reimbursed with the first levy for this issue. This levy will be sufficient to payment principal and interest payments due in 2008 and to reimburse the City for the August 1, 2007 and February 1, 2008 debt service payments. Deposits to the debt service fund of $549.88 of accrued interest and $6,687.20 of premium and unused discount will be used to reduce this levv reauirement. The motion for full discussion thereof a and Council Members J and the following voted against vote Whereupon the resolution was F. ADJOURNMENT Mayor Longr moved to adjourn at 5:22 p.m. duly passed and adopted. Special City Council Meeting 03-23-06 foregoing resolution was duly seconded by Member Cave and, after a taken thereon, the following voted in favor thereof. Mayor Longrie None. 35 �O�D�@����l�� MINUTES--DRAFT MAPLEWOOD CITY COUNCIL 7:O0P.K8. Monday, March 27.20U0 Council Chambers, City Hall Meeting No. 08-0S A meet [fthe City Council was held inthe Council Chambers, @tih8[|UvH@U.@ndvv8s called to order at 7:00 P.M. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana LnnQh8.Mayor Rebecca Cave CounCi|nn8rnber Erik |H8||8.COuOCi|no8QDbRr Kathleen JUeDeDl8DO.COUOCi|[De[Db8[ Present D. APPROVAL OF AGENDA Mayor Longrie moved to approVE K5. Mapletree Group Home M2. HRA—Appointments M3. Stargate M4. Joint Powers Dispatch M5. Liquor License Workshop [}ODgradU|8tion3 M7. Ramsey County League K815. Local Government M8. Fire Relief Association M9. City Image K810. Employee Handbook M1 1. City Employee Tape Recording Policy M12. Mayor's FonJrn K813. Announcement of [}ODgradU|8tion3 N114. FleSponsibi|eAUthOrih/ K815. Community Center Update K818. DARE Graduations Ayes by Councilmember 1 Minutes from the March 13, 2006 City Council Meeting (Continued on March 16, C0UnC|nlenlberRosSb8Ch moved to approve the minutes from the March 13, 2006 City Council Meeting, continued on March 16, 2006, as corrected. Seconded by Mayor Longrie Ayes-All 2. Minutes from the March 14, 2006 Special City Council Meeting M8yorLongh8 moved to approve the minutes from the March 14, 2006 Special City Council Meeting with additions. Seconded bmCoVnci|m8mb8rCave Ayes 03-27'06 City Council Meeting | 1. Kim Schmidt, 1800 Phalen Place, as a member, reported on the Gladstone Task Force. 2. Ron Cockriel, 943 Century Avenue, reminded residents that on March 30 6:30 p.m., at the Londin Lane Fire Hall, 2501 Londin Lane, a meeting will be held to discuss the proposed development of the Fish Creek Area. G. APPOINTMENTS /PRESENTATIONS 1. Trunk Highway 36 Reconstruction (White Sear to Century) — Presentation by MnDOT on Project Planning Issues a. Marc Goess, MnDOT, presented the report. Mr. Goess explained the plans to rebuild Highway 36 in Maplewood and North St. Paul and "Unweave the Weave" (694 and 35E). He also informed council that he will be returning to council in the very near future for approval of a resolution of support. H. CONSENT AGENDA Mayor Longrie moved to adopt consent agenda items 1, and 4 -6: Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to adopt consent agenda item 2: Seconded by Councilmember Hjelle Ayes-All Councilmember Rossbach moved to adopt consent aaenda item 3: ncilmember Longrie Ayes-All LINTS PA S 24,381.10 ' EFT 9 69437 thru 4 69438 dated 3/14/06 S 311,955.43 Checks 9 69439 thru 9 69489 dated 3/14/06 S 156,014.52 Disbursements via debits to checking account dated 3/03/06 thru 3/09/06 $ 266,34910 Checks 9 69490 thru # 69535 dated 03/21/06 City Council Meeting 03 -27 -06 2 S 299,765.94 Disbursements via debits to checking account dated 03110106 thru 03116106 S 1,058,466.09 Total Accounts Payable PAVPOTI Payroll Checks and Direct Deposits dated $ 491,050.97 03110106 S 2,284.75 Payroll Deduction check 9 104516 thru 4 104517 dated 03110106 S 493,335.72 Total Payroll $ 1,551,801.81 GRAND TOT 2. Parks and Recreation Commission Annual Accepted the 2005 Parks and Recreation Commission Annual Report. 3. County Road D Extension, West of Highway 61 — City Project 02-08 a. Resolution for Modification of Existing Construction Contract, Change Orders Nos. 5 -16 Adopted the following resolution approving the modification of the existing construction contract Change Order Nos. 5 through 16 (T.A. Schifsky Contract) for the County Road D West Improvement, (TH 61 to Walter Street), City Project 02- 08: RESOLUTION 06-03-038 ECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-08, CHANGE ORDER Nos. 5 -16 (T.A. Schifsky Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-08, Change Order No. 5-16, (T.A. Schifsky Contract), as an increase to said contract by an amount of $142,544.98, such that the new contract amount is now and hereby established as $866,868.91. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 5-16 as a contract increase in the amount City Council Meeting 03-27-06 3 of $142,544.98. The revised contract amount is $866,868.91. No revisions to the project budget are proposed at this time, as these changes fall within the revised project budget approved by the city council on December 12, 2005. 4. Kenwood Area Street Improvements, City Project 05-16, Resolution Approving Application for Easement across State Land Adopted the following resolution approving application for Easement across State Land: CITY OF MAPLEWOOD 06-03-039 RAMSEY COUNTY, MINNESOTA RESOLUTION APPROVING APPLICATION FOR EASEMEN' WHEREAS, the City of Maplewood wishes state land, WHEREAS, the pond will be located within the WHEREAS, the City of Maplewood will for the purpose of ponding runoff pending the i Application for Easement across State Land. NOW, THEREFORE, BE IT MINNESOTA THAT: The City of Maplewood approves the Adopted by the City Cou is 27 th 5. Kenwood Area S� Assessment Hea Adopted the follo Project 05-16 - 0 2006: W ROSS STATE LAND easement within limits a permanent ponding easement Resolution Approving the 1=2 6 M nt across State Land. of March, 2006 mprovements, City Project 05-16, Resolution Ordering resolution for the Gladstone North Area Street improvements, ig the Assessment Hearing for 7:00 p.m., Monday, April 24 th RESOLUTION 06-3-040 ING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Kenwood Area Street Improvements, City Project 05- 16, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 24th day of April 2006, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to City Council Meeting 03-27-06 the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice Cf hearing shall state the date, time and place of hearing, the general nature CU the improvement the area tobe assessed, that the proposed assessment no|| is on file with the clerk and city engineer and that written or Ona| objections will be considered. 0. Council/Manager/Staff Retreat Approved @C0UDCiKK8@D @D@gg0gDtSbaffr8tne8tfOrFhd@y.AD[|28.2000 1. PUBLIC HEARINGS 810 p.m. Tax-Exempt Financing — 120O Lakewood Drive North) 8. City Manager FUrsm8n presented the ne b. Planner Roberts presented specifics the Mayor L0Dgh8 opened the public hearin � following persons were heard: or nents. The d. Mayor Longrie closed the pu CoUn[j|n1emb8rRossbachnn 911 W41 RESOLUTION 06-03-041 GIVING HOST APPROVAL TO THE IkNCE OF REVENUE REFUNDING BONDS NG EXECUTION OF A JOINT POWERS AGREEMENT BE IT RESOLVED, by the City Council (the "Council") of the City of Maplewood, Ramsey County, Minnesota (the "City") as follows: 1. General Recitals. Minnesota Statutes, Chapter462C (the "Act") confers upon cities the power to issue revenue bonds to finance and refinance multifamily housing developments. 2. Description of the Proiect. /n\ A Minnesota limited liab company to be formed with Ecumen, a Minnesota nonprofit corporation, as its sole member (the "Borrower") has proposed the issuance of revenue Bonds under the Act, in One or more series, in an amount not to exceed $8 (the "Bonds") by the City of Pine [|iLy. Minnesota 8h8 "Issuer") LO finance the costs of 8 project (the "P consisting of the refunding iD advance 0f maturity Of the City's $11 Elder Care Facility Revenue Bonds (Care Institute, Inc. - M8p|8vv0Od Project) SRh8S 1904 iS3U8d t0 finance the acquisition, COOstrUCti0D and equipping of 8 100'UniL senior rnV|bf8nni|y p8nL@| housing d8v8|Dprnen1 located in the City of Maplewood. The Borrower will own and operate the Project. 3. Joint Powers Acireement. |n connection with the issuance 0f the Bonds itiS proposed that 8 Joint Powers Agreement be entered into by and among the City of Pine City, Minnesota and the City, City Counc Meeting D3'27'0b pursuant bJ Minnesota Statutes, Sections 471.5Q and 471.856 (the "Joint Powers Aur8eDleDt"). The Joint Powers Agreement iS hereby approved iO substantially the form now OO file with the City; and the Mayor and City Clerk are authorized Lo execute the same in the name nf and on behalf of the City. In the event of the disability or the resignation or other absence of the Mayor or City Clerk of the City, such other officers of the City who may act in their behalf shall without further act or authorization of the City do all things and execute all instruments and dOoUnnentS required to be done or to be executed by such absent nrdisabled officials. The approval hereby given to the Joint Powers Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto GS may b8 necessary and appropriate and approved by the City officials authorized h8n8iO to execute the Joint P0vvenG Agreement before its execution; and said City officials are hereby authorized approve said changes 0n behalf of the City. 4. Recital of Representations Made by the Borrower. (a) The Borrower has agreed t0 pay any and all with the issuance of the Bonds, whether or not such issuar KA The Borrower has represented tothe direct Oranindirect financial interest inthe Project n( benefit financially from the Project. 5. Public Hearing. (a) Section 147Ulof the Internal each governmental unit in which Facilities to1 issuance nf the Bonds following 8 public h88 (b) Apub|ic 6. Host Approval. TI Code to the issuance of I This Joint Powers AgrE and between the CITY 0 QT A8p gives the that no incurred by the City in connection arried to completion. iblic official of the City has either a c official either directly or indirectly Code, as amended (the "Code"), requires that ed by the Bonds are located must approve the Bonds was held by the City on the date hereof. approval required under the Internal Revenue 2OO8 (the "Aore8nl8nt").is made bv qNES[T7\("PiD8Citv" and the CITY OF d"\. RECITALS WHEREAS, each of Pine City and Maplewood is 8rnunicjpo| corporation and 8"rnunicjooUv"s0 defined in Minnesota 469.152b}459.1651 (the "Industrial Development /\ot"). with the power thereunder to issue bonds and loan the proceeds thereof for certain projects; and WHEREAS, Minnesota Statutes, Section 471.59 and 471.G5U.8S amended (c0||8Ctiw8|y.the "Joint Powers Act"), provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, and that the agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units; and WHEREAS, A Minnesota limited liability company tObe formed with ECuOlGO,8Minnesota nonprofit corporation, 8sits sole member (the "BornJvver'\ has requested Pine City Lo issue its Senior Housing Revenue Refunding Bonds, (Lakeview Commons Project) Seh8S2OO8in@n amount not to exceed $0 /the "Bonds"), On behalf of itself and K8@p|evvoOd, and to |msn the proceeds of the Bonds to the Borrower so that the Borrower may finance a project consisting issuance City Council Meeting D3'27'0b of the refunding iOadvance of maturity certain tax exempt bonds of Maplewood issued to finance the acquisition, construction and equipping 0f@100-uDit senior multifamily rental housing development located GL120O Lakewood Drive North in Maplewood (the "Project"); and WHEREAS, the governing bodies of Pine City and Maplewood have authorized the execution and delivery of this Agreement and consented to the issuance of the Bonds as contemplated herein; NOW, THEREFORE, the parties hereto hereby agree as follows: l. |n order k} finance the Pro Pine City shall issue the Bonds pursuant to the Joint Powers /\Ct. the Industrial [}8v8|Opnlert Act, and the terms of bond ne8V|VUOn (the "Bond R830|uti0D"\ adopted bv Pine City OD April 5.2008. The ed Of the Bonds will be loaned t0the Borrower pursuant t08 financing agreement, and the Borrower will apply such proceeds t0 payment 0f costs of the Project. ^�N� 2' The liab Of Pine City and Maplewood with prov ided in h8 Industrial D8ve| /\Ct and Ul Bond Rei provided herein, Pine City and Maplewood shall not incur a because of the issuance of the Bonds or the use of the Proje special, limited obligation of Pine City payable solely from pledged thereto and more fully described in the Bond Resolu shall neither constitute nor give rise to a pecuniary liability, g the full faith and credit of Pine City, Maplewood, the State of the 8bOve, within the Ol88DiOg Of any constitutional O[St8tU �spect to the Bonds shall be limited as lution. Except to the extent specifically , obligations or liabilities to each other by the Borrower. The Bonds shall be a :)ceeds, revenues and other amounts in. The Bonds and the interest thereon ieral or moral obligation or a pledge of nnesota, or any political subdivision of 3. All costs incurred by Pine City and Maplewood in the authorization, execution, delivery and performance of this Agreement shall be paid by the Borrower out of proceeds of the Bonds or other funds legally available to the Borrower. 4. Any property acquired because of this Agreement shall be and remain the property of Pine City, to be disposed of pursuant to the terms of the loan agreement and the Bond Resolution. Any surplus moneys remaining after the purpose of this Agreement has been completed, unless otherwise provided for in the agreements related to the Bonds shall belong to Pine City. 5. This Agreement may not be terminated bv any party sn long asany portion of the Bonds iS^outst8Odina.���. 6. This Agreement may be amended by Pine City and Maplewood at any time. No amendment may impair the rights of the holders of the Bonds, unless they have consented to such amendment in the manner provided for an amendment of the Indenture. 7. This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same Agreement. IN WITNESS WHEREOF, duly authorized officers of the CITY OF PINE CITY, MINNESOTA and the CITY OF K8/\PLEVVO{]D. K8|NNEG{JTA, have executed this Agreement as of the dob3 set forth above. Seconded by Councilmember Juenemann Ayes None K. UNFINISHED BUSINESS TH5 and TH130 Property Owned by MODOT — CityP jfct 03-20— Review Finding of Public Purpose for Wetland Restorat Process City Counc Meeting D3'27'0b 8. City Manager FurSnl@D presented the repor b. Public Works Director AN presented specifics from the report. Councilmember Rossbach directed staff to investigate a coalition of uses for the TH 5 and TH 120 excess MnDOT property generally in alignment with the presentations from Marsh 212 and Hill Murray for use of the Property, although it shall be stressed that Maplewood's top priority for the site is the restoration of the wetland complex as the overriding public purpose. Councilmember Hielle added a friendly amendment directing Public Works Director AN to make Seconded by Councilmember Juenemann 2. Reduced Front Yard Setback Appeal /2413 Linwood Avenue) 8. City Manager FurSnl@O presented the b. Planner Roberts presented K8c Roberts explained the preliminary grading and dr@ir the shape of the pond, and move the structure further b east. With this change the reduced front yard setback r city code requirements and the appealing party concerr owner, to obtain a building permit for this house the Cit) the existing drainage and utility easement and the reloc relocated infiltration basin. Mr. Clendenen will be subm review once a new survev is drafted. 3. Predatory Offender Ordir a. City Manager Fur b. REAL Director GL C. Deputy Police Ch from the reoort. the ige plan has been adjusted to change ck and away from the neighbors on the �quest is not needed because it meets ;. In order for Mr. Clendenen, the Council must approve the vacation of tion of a new easement for the ting a vacation request for City Council — Draft/First Reading presented the report. i|8 presented specifics from the report. Assistant City Attorney Oliver presented further details Councilmember Cave proposed an educational piece bH added to the ordinance that provides materials to schools, lib[@h83 and daycare centers t0 raise awareness 0f predatory offenders Ayes-Al Mayor Lon Motion died for lack of a second. Councilmember Cave moved to table the first readinci of the ordinance and that it be brough back to the April 1 oth Council Meetinq for further consideration after council has had time to review the materials that have been submitted and additional questions have been answered. Seconded by Councilmember Hjelle CoUn[j|n1ernb8rJV8n8n18nn asked Deputy Chief BaniCk LO research "had this ordinance been in place, would it have assisted prosecution or avoidance of past incidents?" City Council Meeting 03-27-06 Councilmember Cave asked Deputy Chief Banick to research the number of level two sexual offenders that have offended anyone 16 years of age or under. 4. Code Amendment — Nonconforming Uses (Second Reading) a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. Councilmember Rossbach moved to adopt the following ordinance code amendment, changing the zoning definitions and nonconforming use ordinance (Section 44 -6 and 44 -12) to make them consistE with Minnesota Statute, Section 462.357, Subdivision 1(e): ORDINANCE NO. 867 AN ORDINANCE AMENDING THE NONCONFORMING BUILDINGS OR USES SECTION The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Section 42 -12 (c) (Nonconforming buildings or uses) (additions are underlined and deletions are stricken): has been applied for within one - hundred and eighty (180) days from the date the building, structure or use was damaged. In this .case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on an adjacent property. Section 2 This ordinance shall take effect after the city publishes it in the official newspaper. Seconded by Councilmember Hjello Ayes-All 5. Mapletree Group Home a. Councilmember Cave moved to set a public hearing for April 24, 2006 to review the provisions of the conditional use permit for the Mapletree Group Home. Mayor Longrie added a friendly amended specifying that the Public Hearing is being called for review of the CUP because condition #5 regarding the number of criminal offenses is not in compliance. b. Planner Roberts read condition 5 into the record: The city council shall review this permit in one year or immediately thereafter if there are two criminal offenses related to the facility or its residents. C. The following person was heard: Richard McCain, 1825 Radatz, confirmed with council that all nearby residents would be notified of the public hearing. Seconded by Councilmember Rossbach Ayes-All City Council Meeting 03 -27 -06 9 L. NEW BUSINESS 1. Menards — 2280 Maplewood Drive a. Conditional Use Permit Revision b. Parking Reduction Authorization C. Design Approval a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. C. Rob Geske, the Real Estate Associate managing the project for Me council questions. d. Commissioner Grover provided the Planning Commission report. e. Boardmember Schurke presented the Design Review Board report. Councilmember Rossbach moved to adODt the followino resolution aDDrovi existing store: Is, was present for WHEREAS, Robert Geske, of Menards, Inc. is proposing changes to a site with an existing conditional use permit to build a 16,105-square-foot garden center addition on the south side of the building at 2280 Maplewood Drive. The legal description is: SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 114 N OF CO RD B & PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; ELKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF BLK 10 (PIN 09-29-22-43-0042) WHEREAS, the history of this conditional use permit revision is as follows: 1. On February 6, 2006, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit revision. 2. On March 27, 2006, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit revision, because: 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. City Council Meeting 03-27-06 10 4. The use would not involve any activity, process, materials, equipment Or methods Of operation that would bR dangerous, hazardous, detrimental, disturbing O[ cause @ nuisance bJ any person 0[property, because nf excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water rUn-off, vibration, general unsightliness, 8|e[thc@| interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 0. The use would b8 served bv adequate public facilities and services, including streets, police and fire p[0t8CtiOD. drainage structures, water and sewer systems, schools and p@[h3. 7. The use would not create excessive additional costs for public f@C 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. Adherence hD the site plan The director community development may approve minor changes. 2. Compliance with the fVUOvvng screening-fence requirements: 8. The property owner shall continue tO fences as follows: M\ The eight-foot-tall screening fence 1071, 1081 and part of 1101 County (2) All other screening fences that abut the (3) All screening h3nC8 b No mater shall exte c. No more the south on a hill. G| on the storage racks nd above the N14-foot-tg 2 1 /2 feet are at st d. MenGnds shall be the height of the i iO8 maintained condition, wooden screening 107 B and running east-west behind B shall remain. idential lots Sh8U be 14 feet tall. f vertical boards of the same dimension, color and to the fence behind 1101 and 1115 County Road B, 17 Y2-foot-tall interior storage racks shall be visible from the homes to , el along County Road B. This excludes those houses that sit higher ble for the safety of the neighbors in regard to the materials stored over 3. Hours of operation in the storage yard and garden center shall be limited to 7 a.m. to 10 p.m. 4. /\D exterior public address system shall not bgallowed. 5. All lighting inUheetorooey@rdth8tiSnoLn8ed8dforSh8secUrkv8h8UbetUrnedoff@fterbVsine8S 0. The city council shall review this permit revision in one year. City Council Meeting 03'27'06 11 7. Plowed snow shall b8 stored away from the southern and eastern property lines t0 avoid runoff problems on residential property. 8. Menards shall store all their materials within the fenced storage area. 9. Sanitation facilities shall be provided by Menards for the employees. 10. 4-3-. The proposed building addition and site work must be substantially started within one year of counc approval 0r the permit shall become null and void. The council may extend this deadline for one year. 11. The perimeter of the building must b8 kept access for fire enlerQ with the fire nnorsho| for access through the gate behind the building Seconded by Mayor Longrie Ayes C0UDC|nl8Dlbe[ROS3b@Ch 1. The required number Of spaces ia excessive - parking area in front o[ the building since 198O. W1en8 parking areas on the site. 2. The proposed garden add ition K8eD@rd3iS currently us this same area for retail sales and the city. /\S8 condition Ofapp parking lot and have . lot on all busy shoppii Seconded bvCouncil Council Ross 2. Befor The app shall arrange ase of emergencies. by, essentially, with the ma :) not typically use other available rding to the code. However, storage as approved earlier by of this request, Menards shall provide adequate directional signage in the �yees or others provide traffic control and direction assistance in the parking )er Cave Ayes-All moved to approve the site plan date-stamped March 8, 2006, and the imped March 8, 2006, for the 16,105-square-foot garden center addition to vo years if the city has not issued a building permit for this project. review in nOit. the applicant shall: RMO a. Submit grading, drainage, utility and erosion control plans to the city engineering department for approval. The city engineering department should review the plans for the possibility of Menards implementing some or additional types of best management practices (including rainwater gardens) to help treat storm water on the site. b. Rev the site plans for staff approval k}provide enough handicap p8hkinQsp8ceS to comply with ADA (Americans with Disabilities Act) requirements. C. Submit for staff approval, consistent elevations and site plans that correlate t0 each other, based on the plans date-stamped March 8,2OO8. The plans date-stamped January 17.2000 elevations date February 6, 2006, are inconsistent and difficult to read. d. Submit a rev wrought fence elevation showing that the proposed decorative lights have been removed from the fence. City Council Meeting 03'27'06 12 e. Submit a revised landscaping plan showing the following: (1) All existing landscaping on the north side of the building. This plan should reflect all landscape materials that are healthy, iO poor health, ordead. The purpose of this plan iStOensure that all landscaping required previously by the city in this location has been planted and is healthy and thriving. C2\ The implementation 0f landscaping iO front CfO[ near the new garden center. If landscaping in this area is not feasible, work with staff to implement additional landscaping throughout the site. (3) At least one rainwater garden to help treat the storm water from the site. f. Submit to city staff 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. — The applicant shall complete the following before occupying building — @. Menards8haU provide @ gate and clear access to the sanitary sewer manhole on the site as part of this request. b. Paint any new rooftop mechanical equipment to match th( (code requirement) C. The city waives the h+d visible to the public. |fW18D8ndg wants p3ter enclosure for them using the same materials and color as Lhe d. Provide site-security qui covering the bulb, shall be concealed so e. Meet all the of the fire m U\ Keeping the perimeter of the arrange with the fire marshal for Uinga monitored fina ng color if the units are visible. ss the dU[noot*nawould be 5id8. then they shall provide 8O the code. The light SOUroe.iDC|Udingthe|emS cause any nuisance to drivers or neighbors. EM ,8SSb|8 for fire emergencies. The applicant should system. ugh the gate behind the building in the case of (3) Providing a floor plan of the store and a fire department lock box at the main entrance. [ Verify that required landscaping iS healthy and growing, and replace the landscaping if it is not healthy and growing. Plant all other landscaping required with this approval. 4. If any required work isnot done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner 0r contractor shall co[nD|8tg any unfinished |8OdSC8piDg by June 1 Of the next year if the building i8 occupied in the fall orwinter, or within six weeks nf occupancy if the building iG occupied in the spring orsummer. 5. All work shall follow the approved o|8nS. The director 0fcommunity development may approve minor changes. City Council Meeting 03'27'06 13 G. Signs are not part of this approval. The applicant shall submit any requests for new 0rrevised signs to staff for sign permits. Seconded bv Mayor Longrie | 2. N Reduction Program @JM— City Project 00-02—|OUU8t8ProeyctgDd/\uthO[izR Project Funding 8. City Manager FurSnl8n presented the report. b` Public Works Directnr/\h| presented specifics from the report. Councilmember Juenemann authorized a transfer of $100,000 from ti Seconded hvCOunCi|D\e[nberRO38b8Ch 3. Gladstone Redevelopment Initiative — C Special Meeting for April 18, 2006 to Re RM @. City Manager FUrsm8n presented the report. b Public VV0rkS Direct0r/\h| presented sp CoVmci|m8nnbHrJU8nem8nn moved k}adnr)t tI­ council and conduct a public hearing for April 1 RESOLUTI CALLING FOR from the LIC HEARING BE plot 11 WHEREAS, the Maplewood City Council has authorized hiring Of8 consultant 8S8Master Planner to direct the preparation of a Master Plan for the Redevelopment of the Gladstone Area of Maplewood, and WHEREAS, the Maplewood City Council has authorized 8 second option Of reduced density and - expenditure t0be explored and analyzed, and WHEREAS, the Council has previously authorized the preparation of an Alternative Urban Areawide Review to analyze the environmental impacts of the proposed redevelopment alternatives, an WHEREAS, said proposals require extensive public review and comment, and WHEREAS, the Council desires to hear all relative comment on the proposal. NOW, THEREFORE, 8E|T RESOLVED BY THE CITY COUNCIL ClFMAPLEVVOO[], 1. The council will consider presentations from the Master Planning consultant and representatives from the various committees and commissions, along with the Gladstone Task Force who have reviewed both alternatives for redevelopment. 2. A public hearing shall bB held OD such proposed proposals 0l the 1Oth day OfApril 20OO.in the council chambers Cf city hall Ek7:OUp.nn., and the clerk shall give mailed and published notice of such hearing and improvement Gsrequired. City Council Meeting 03'27'06 14 Seconded by Councilmember Hjelle Ayes -All Councilmember Juenemann moved to extend the meeting until midnight. Seconded by Mayor Longrie Ayes-All 4. City Manager Purchasing Authority — Draft/First Reading a. Mayor Longrie presented the report. Mayor Longrie moved to adopt the first reading of the City Manger Purch n B cities used in the ourchasina authority fiaure comoari Seconded by Councilmember Juenemann Ayes-All 5. Council Appointments a. City Manager Fursman presented the report. b. REAL Director Guilfoile presented specifics from the report. Councilmember Rossbach moved to approve appoint Councilmember Cave to the Joint lc( Board, and to serve as the council liaison to the Housing Redevelopment Authority and th Recreation Commission. Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Hjelle, Juenemann and Rossbach Abstain- Councilmember Cave M. COUNCIL PRESEN 1. South Maplewood — Council Meetin Councilmember Cave requested a'schedule be set to hold occasional council meetings in southern Maplewood. Staff will check on the availability of Carver Elementary School for the June 12 or the June 25 Council Meeting. 2. Housing and Redevelopment Authority Councilmember and HRA Liaison Cave confirmed with staff that reappointments need to be addressed for the Housing and Redevelopment Authority members. 3. Stargate Nightclub Mayor and Council discussed an email received by council regarding ongoing issues at Stargate Nightclub. A future discussion (possible meeting) will be held to address specific concerns. 4. Joint Powers Board Tabled to the April 1gth City Council Meeting. 5. Liquor License City Council Meeting 03 -27 -06 15 COuOC|m8[DbRr Cave confirmed with City Manager FurSDl8n and QE@L Director GUilf0|8 that all Liquor License holders will be invited to the April 24 1h workshop discussing proposed revisions to the Liquor License Ordinance. N INA � Mr. Rossbach CoUn{i|n1emb8r Ros8b8Ch stated Margaret Ann Behrens filed an unfair campai practices c0[Do|8iDt against him with the Office of Administrative HR8hDgS. The CO[npbaiOtS iO[JUdRd 8 purported misleading mailing implying Mr. ROSSb8Ch was already the mayor, and one asking his supporters tDsupport candidate Dale Thpp|8r.CoUnci|m b reported all complaints had been dismissed due to not surviving the prima fascia review by the Administrative Hearing Board. Ramsey County League of Local Governments A RCLLG "brainstorming" meet will be held in the W1Gp|Rvv00d ROOQD. � Fire Relief Association COUnoi|nlenlberHe|le suggested that Finance Fire Relief Association Meetings. 9. City Image COUn[j|nlernb8r Hel|e requested a 10. Employee Han Councilmember Hjelle questioned why an Handbook when the new updated (and cc March 30"' from 5-7 p.m. at City Hall aS the staff l attended the city's relationship with neighboring i was not removed from the Employe :ing) policy was added? Councilmember Hjelle read the Tape Recording Poli from the Personnel Policies Handbook into the record to ensure staff com prehension O[ and adherence t0 the policy. 12. M ayor's The next rn is Saturday, April 1 from 10:00 am until noon in the Maplewood Room. 13 Congratu Mayor Longrie congratulated firefighter John Melander on his reinstatement as District Fire 14. Responsible Authority Tabled to the April 1 oth City Council meeting. 15. Community Center Update Tabled to the Aoh| 10"' City C0Un[j| rn88dn0. City Council Meeting 03 16 16. D.A.R.E. (Drug Abuse Resistance Education) Graduations Mayor Longrie shared the gratification of speaking at five Maplewood D.A.R.E. Graduations. She explained each class announced a winning essay winner and those essays were made into a plague and are on display at the Maplewood Community Center. N. ADMINISTRATIVE PRESENTATIONS Monday, April 3, 2006 a Class B Form of Government/Democratic Governance workshop will be held from 5 to 7 p.m. in Council Chambers. 2. A Council/Manager/Staff Retreat will be held on April 28, 2006 at the Best Western in Maplewood. Further details will be posted on the city website and announced at future council meetings. ro I �_3 all 1*1110 Z I IT, 1:4 LIJU Mayor Longrie adjourned the meeting at 11:50 p. City Council Meeting 03-27-06 17 Agenda Item E3 DRAFT--MINUTES CITY COUNCIL /MANAGER WORKSHOP Monday, April 3, 2006 Council Chambers, City Hall 5:00 p.m. 111111 M 11[exel N B140 A meeting of the City Council was held in the Council Chambers order at 5:00 P.M. by Mayor Longrie. 1, and was called to B. ROLL CALL Diana Longrie, Mayor Rebecca Cave, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember Absent Present Present Others present: City Manager Fursman Assistant City Manager Coleman Finance Director Faust Parks and Recreation Director Anderson Public Works Director AN City Attorney Kelly C. APPROVAL OF AGENDA REAL Director Guilfoile Police Chief Thomalla Fire Chief Lukin Human Resource Director Le IT Director Fowlds Seconded by Coun D. NEW BUSINESS Ayes-All 1. Approval of Dr. James Sipe, Facilitator Contract a. City Manager Fursman presented the report. Mayor Longrie moved to table this item until the April 10 City Council Meeting when all councilmembers would be present to vote. Seconded by Councilmember Hjelle Ayes-Mayor Longrie and Councilmember Hjelle Nays-Councilmember Juenemann and Rossbach Motion died for lack of a majority. No further action was taken. City Council/Manager Workshop 04-03-06 1 2. South Leg Meeting Process /Coordination a. City Manager Fursman presented the report. The June 12, 2006 City Council meeting will be held at Carver Elementary School, 2680 Upper Afton Road. Mayor Longrie suggested, and Councilmember Rossbach agreed, that the South Leg meetings be advertised on the city website and that council support the South Leg meetings as a city event. 3. Plan B Form of Government Presentation & Democratic Governance Presentation a. City Manager Fursman presented the report. b. Mr. Fursman introduced Kevin Frazell, Director of Member Services, League of Minnesota Cities and presenter for the evening. C. Mr. Frazell provided a power -point presentation addressing the following topics: Council- Manager Government, Partnerships between City Council Members and City Staff, and the New /Old Concept of Democratic Governance. d. Mr. Frazell answered council questions and invited council to contact him at the League of Minnesota Cities with any further questions. E. FUTURE TOPICS F. ADJOURNMENT Mayor Longrie adjourned the meeting at 7:02 pm. City Council /Manager Workshop 04 -03 -06 2 AGENDA NO. H-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: April 10, 2006 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: 228,697.30 Checks # 69536 thru #69588 dated 3121106 thru 3128106 144,881.61 Disbursements via debits to checking account dated 3127106 thru 3/23/06 $ 394,491.87 Checks # 69589 thru # 69648 Wire Transfer # 2346493 dated 04/04/06 293,821.73 1,061,892.51 PAYROLL 472,607.83 2,284.75 474,892.58 Disbursements via debits to checking account dated 03/24/06 thru 03/30/06 Total Accounts Payable Payroll Checks and Direct Deposits dated 03/24/06 Payroll Deduction check # 104627 thru # 104628 dated 03/24/06 Total Payroll $ 1,536,785.09 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments S:\CTY Lists and Reports 2006\Agenda Reports\04-10-06\H1 Approval of Claims.xis vchlist 0312412006 10:20:25 AM Check Register CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 69536 3/21/2006 03630 MN AWWA TRAINING REGISTRATION 135.00 69537 3/28/2006 03613 ACTION IMPRINTS POLICE SERVICES JACKETS 845.25 69538 3/28/2006 01809 AGGREGATE INDUSTRIES NCR INC ROCK FOR EROSION CONTROL 711.67 69539 3/28/2006 02411 ALEX AIR APPARATUS INC REPAIR COMPRESSOR 90.57 69540 3/28/2006 00116 APPEARANCE PLUS CAR WASH CAR WASHES - FEB 20.50 69541 3/28/2006 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 252.00 MERCH FOR RESALE 189.00 MERCH FOR RESALE 126.00 MERCH FOR RESALE 189.00 69542 3/28/2006 02914 BLUECROSS BLUESHIELD OF MN MONTHLY PREMIUM 143,225.00 69543 3/28/2006 02743 DOBLAR, RICHARD REIMB FOR BOOKS & TUITION 696.97 69544 3/28/2006 00463 EMERGENCY APPARATUS MAINT REPAIR ENGINE 7 3,257.59 69545 3/28/2006 03632 FRASIER, JERRY CANCELED CONCERT 9/20 275.00 69546 3/28/2006 03633 IN CAPABLE HANDS MCC PERFORMANCE 3/22 650.00 69547 3/28/2006 00821 KVAM, DAVID REIMB FOR TUITION 280.00 69548 3/28/2006 00827 L M C I T CLAIM DEDUCTIBLE 11054485 676.27 69549 3/28/2006 03636 LANGNER, SCOTT REIMBURSE FOR PDA 250.00 69550 3/28/2006 00891 MAMA MAMA LUNCHEON 18.00 69551 3/28/2006 02336 M A TAYLOR INC FITNESS CONSULTANT - 1ST QTR 1,550.00 69552 3/28/2006 01081 M C P A MEMBERSHIP 40.00 69553 3/28/2006 00908 M R P A 2006 AQUATIC CONFERENCE 125.00 69554 3/28/2006 02823 MARTIN, JERROLD REIMB FOR MEALS - 3/16 & 3/17 13.50 69555 3/28/2006 03098 MCFARLANE PROPERTIES LLC PROJ 02 -08 REIMB LANDSCAPE 15,200.00 69556 3/28/2006 01610 METAL DOCTOR, THE JOYSTICK HANDLE 25.56 69557 3/28/2006 01001 MIDWEST LOCK & SAFE INC REPLACE & INSTALL 2,663.80 69558 3/28/2006 01038 MN DARE INC TRAINING 100.00 69559 3/28/2006 01126 MN NCPERS LIFE INSURANCE PERA LIFE INSURANCE 380.00 69560 3/28/2006 01147 NATL REGISTRY OF EMT EMT & PARAMEDIC 280.00 69561 3/28/2006 01175 NORTH ST PAUL, CITY OF ELECTRIC UTILITY 2,911.31 69562 3/28/2006 03634 NOVOTNY, SCOTT CANCELED CONCERT 6/14 375.00 69563 3/28/2006 01213 OLSON, JULIE REIMB FOR MEAL 3/16 7.17 69564 3/28/2006 00001 ONE TIME VENDOR REF CLIFFORD DAHL - AMB 631.47 69565 3/28/2006 00001 ONE TIME VENDOR REF JULIE OLSON - MEMBERSHIP 106.50 69566 3/28/2006 00001 ONE TIME VENDOR REF BOB ALBERT - BCBS BENEFIT 90.00 69567 3/28/2006 00001 ONE TIME VENDOR REF ELIZABETH KLITZKE - 51.00 69568 3/28/2006 00001 ONE TIME VENDOR REF LAURA GOMEZ - MCC 32.00 69569 3/28/2006 00001 ONE TIME VENDOR REF JAMES MESSICK - 10.00 69570 3/28/2006 00001 ONE TIME VENDOR REF ALLISON CALLAHAN - NC 6.00 69571 3/28/2006 02043 OVERHEAD DOOR COMPANY INSTALL 4 DOOR OPENERS AT 4,040.00 69572 3/28/2006 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 684.25 MERCH FOR RESALE 823.50 69573 3/28/2006 01284 POSTMASTER PERMIT #625 $2500- PERMIT#4903 6,300.00 69574 3/28/2006 01360 REINHART FOODSERVICE MERCH FOR RESALE 223.38 MERCH FOR RESALE 244.55 MERCH FOR RESALE 395.32 69575 3/28/2006 01370 ROAD RESCUE EMERGENCY VEHICLES FLOURESCENT LIGHT 81.57 69576 3/28/2006 02001 ROSEVILLE, CITY OF JOINT POWERS AGREEMENT - 625.00 69577 3/28/2006 03635 ROW LES, MARY CANCELED CONCERT 8/16 325.00 69578 3/28/2006 03398 SHAMROCK GROUP MERCH FOR RESALE 103.00 MERCH FOR RESALE 231.00 69579 3/28/2006 01463 SISTER ROSALIND GEFRE MCC MASSAGES - FEB 2,079.00 69580 3/28/2006 01504 ST PAUL, CITY OF MEDICAL SUPPLIES 511.38 RECORD MGMT SOFTWARE FEES - 3,798.00 MEDICAL SUPPLIES 740.89 69581 3/28/2006 02139 TWIN CITY AREA LABOR MGMT COON TRAINING 85.00 69582 3/28/2006 01698 UNITED WAY OF THE ST. PAUL QUARTERLY PAYMENT 624.00 2 vchlist 03/24/2006 10:20:25 AM Check Register CITY OFMAPLBWOOD C Date�� Vendor Description/Account 09583 3/202006 01074 USPCA CANINE CERTIFICATION TRIALS 89584 3/28/2000 01734 VVALSH.VV|LLIAM P. COMMERCIAL PLUMBING |NGP 69505 3/28/2000 01750 WATSON C0 INC, THE MERCH FOR RESALE MERCH FOR RESALE 09580 3/28/2006 02410 WELLS FARGO LEASING INC COPIER LEASE 3/9TO4/9 09587 3/202006 01190 XCELENERGY ELECTRIC UTILITY 89588 3/28/2000 01798 YOCUM OIL CO. 88 OCTANE BLUE PLANET GAS 53 Checks in this report Amount 200.00 44011 371.52 1,487.57 11.511.01 Total checxn: 2286e7.30 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 03/16/06 03/17/06 MN State Treasurer Drivers License /Deputy Registrar 11,648.25 03/15/06 03/17/06 MN Dept of Revenue Sales Tax 9,210.00 03/16/06 03/17/06 MN Dept of Natural Resources DNR electronic licenses 751.00 03/17/06 03/20/06 MN State Treasurer Drivers License /Deputy Registrar 8,434.77 03/20/06 03/21/06 MN State Treasurer Drivers License /Deputy Registrar 13,522.94 03/21/06 03/22/06 MN State Treasurer Drivers License /Deputy Registrar 19,356.25 03/15/06 03/22/06 MN Dept of Revenue Fuel Tax 280.60 03/17/06 03/22/06 US Bank VISA One Card's Purchasing card items 65,421.38 03/22/06 03/23/06 MN State Treasurer Drivers License /Deputy Registrar 16,256.42 TOTAL 144,881.61 "Detailed listing of VISA purchases is attached. VISA transactions 03 -04 -06 to 03- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20060304 20060306 U OF M CCE ON LINE $75.00 R CHARLES AHL 20060303 20060306 TI *TASER INTL $350.00 SCOTT ANDREWS 20060303 20060306 MILLS FLEET FARM #27 $42.59 SCOTT ANDREWS 20060310 20060313 BATTERIES PLUS $40.13 SCOTT ANDREWS 20060310 20060314 NORTHEAST TACTICAL INC. $431.21 SCOTT ANDREWS 20060303 20060306 FACTORY CARD OUTLET #284 $55.14 MANDY ANZALDI 20060306 20060308 CUB FOODS, INC. $4.25 MANDY ANZALDI 20060308 20060310 THE HOME DEPOT 2801 $57.64 MANDY ANZALDI 20060309 20060310 JCPENNEY STORE 2864 $43.94 MANDY ANZALDI 20060309 20060313 FOREVER 21 #158 $31.58 MANDY ANZALDI 20060310 20060313 FACTORY CARD OUTLET #284 $76.39 MANDY ANZALDI 20060310 20060313 CUB FOODS, INC. $9.03 MANDY ANZALDI 20060313 20060315 JOANN ETC #1970 $63.35 MANDY ANZALDI 20060315 20060316 WAL -MART #2087 $242.50 MANDY ANZALDI 20060302 20060306 UNIFORMS UNLIMITED $2,310.41 JOHN BANICK 20060306 20060307 ARDEN SHOREVIEW AN HOSPT $739.25 JOHN BANICK 20060307 20060309 SHRED -IT 01 OF 01 $109.89 JOHN BANICK 20060308 20060309 ARDEN SHOREVIEW AN HOSPT $363.12 JOHN BANICK 20060308 20060313 DE LAGS LANDEN OP01 OF 01 $626.43 JOHN BANICK 20060310 20060313 NARDINI FIRE EQUIPMENT $93.00 JOHN BANICK 20060314 20060315 POLAR CHEVROLET $483.55 JOHN BANICK 20060213 20060316 NUCO2 01 OF 01 $82.01 JIM BEHAN 20060220 20060316 NUCO2 01 OF 01 $87.33 JIM BEHAN 20060301 20060316 NUCO2 01 OF 01 $54.71 JIM BEHAN 20060304 20060316 NUCO2 01 OF 01 $87.33 JIM BEHAN 20060308 20060310 PARK SUPPLY INC $81.62 JIM BEHAN 20060309 20060313 PARK SUPPLY INC $28.13 JIM BEHAN 20060309 20060316 NUCO2 01 OF 01 $82.43 JIM BEHAN 20060311 20060313 VERIZON WRLS 12KW $57.96 JIM BEHAN 20060315 20060317 AQUA LOGIC INC $935.41 JIM BEHAN 20060315 20060317 AQUA LOGIC INC $1,014.14 JIM BEHAN 20060307 20060309 AUTO GLASS SPECIALISTS -MN $209.03 JOSEPH BERGERON 20060311 20060313 BYERLY'S ST. PAUL $11.38 OAKLEY BIESANZ 20060314 20060316 BLUE RIBBON BAIT & TACKL $6.18 OAKLEY BIESANZ 20060311 20060313 MENARDS 3022 $11.28 RON BOURQUIN 20060313 20060315 AMERICAN AIR0012115855787 $339.20 RON BOURQUIN 20060313 20060315 ALLSTATE SALES & LEASING $23.93 RON BOURQUIN 20060307 20060309 RAINBOW FOODS 00088617 $38.78 ROGER BREHEIM 20060307 20060308 HUGO FEED MILL AND ELEVAT $36.21 TROY BRINK 20060308 20060309 HUGO FEED MILL AND ELEVAT $27.16 TROY BRINK 20060306 20060307 FEDEX KINKO'S #0617 $8.51 HEIDI CAREY 20060308 20060309 FACTORY CARD OUTLET #284 $9.48 HEIDI CAREY 20060308 20060310 OFFICE MAX 00002204 $39.11 HEIDI CAREY 20060310 20060313 THE STAR TRIBUNE- ADVERTIS $156.00 HEIDI CAREY 20060311 20060313 DEX EAST - LOCKBOX $69.22 HEIDI CAREY 20060313 20060314 FEDEX KINKO'S #0617 $170.82 HEIDI CAREY 20060316 20060317 PIONEER PRESS ADVERTISIN {$370.00} HEIDI CAREY 20060316 20060317 PIONEER PRESS ADVERTISIN $314.08 HEIDI CAREY 20060307 20060308 G & K SERVICES 006 $462.28 LINDA CROSSON 20060314 20060315 PAYPAL INC $59.95 LINDA CROSSON 20060307 20060308 THE GREAT FRAME UP $168.08 ROBERTA DARST 20060307 20060308 THOMPSON PUBLISH101 OF 01 $418.50 ROBERTA DARST 20060310 20060313 CUB FOODS, INC. $12.27 ROBERTA DARST 20060314 20060315 S & T OFFICE PRODUCTS $16.36 ROBERTA DARST 20060313 20060315 OFFICE MAX 00002204 $32.84 JOHN DUCHARME 20060302 20060306 OFFICE MAX 00002204 $41.48 THOMAS G EKSTRAND VISA transactions 03 -04 -06 to 03- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20060313 20060314 PARTS ASSOCIATES INC $601.55 ANDREW ENGSTROM 20060307 20060308 G & K SERVICES 006 $176.24 LARRY FARR 20060308 20060310 THE HOME DEPOT 2810 $573.10 LARRY FARR 20060309 20060310 R.M. COTTON COMPANY $87.22 LARRY FARR 20060312 20060314 THE HOME DEPOT 2801 $74.01 LARRY FARR 20060314 20060315 SHERWIN WILLIAMS #3127 $215.89 LARRY FARR 20060309 20060310 VERIZON WRLS 12KW $78.12 DANIEL F FAUST 20060302 20060306 STREAMLINE DESIGN INC $760.50 GREG FINN 20060306 20060308 ORIENTAL TRADING CO $274.73 GREG FINN 20060315 20060316 TARGET 00011858 $64.58 GREG FINN 20060302 20060306 INT'L CODE COUNCIL INC $63.00 DAVID FISHER 20060302 20060306 INT'L CODE COUNCIL INC $63.00 DAVID FISHER 20060309 20060313 INT'L CODE COUNCIL INC $100.00 DAVID FISHER 20060310 20060313 DEEP ROCK WATER $106.34 DAVID FISHER 20060310 20060313 DEEP ROCK WATER $102.42 DAVID FISHER 20060302 20060306 WORLD OF CABLES $18.81 MYCHAL FOWLDS 20060302 20060306 RADIO SHACK 00161455 $32.54 MYCHAL FOWLDS 20060303 20060306 HP RETURN REPAIR $34.00 MYCHAL FOWLDS 20060303 20060306 ESRI INC $1,332.50 MYCHAL FOWLDS 20060303 20060306 SPRINT *WIRELESS SVCS $551.97 MYCHAL FOWLDS 20060303 20060306 PROFIT SYSTEMS INC $834.30 MYCHAL FOWLDS 20060306 20060307 GHG CORPORATION $1,600.00 MYCHAL FOWLDS 20060308 20060309 INSIGHT PUBLIC SECTOR $600.83 MYCHAL FOWLDS 20060308 20060309 INSIGHT PUBLIC SECTOR $296.09 MYCHAL FOWLDS 20060308 20060309 WWW.REGONLINE.COM $140.00 MYCHAL FOWLDS 20060309 20060310 HP DIRECT - SMB $336.53 MYCHAL FOWLDS 20060309 20060313 BERBEE INFORMATION NETWRK $331.92 MYCHAL FOWLDS 20060310 20060313 CRESCENT ELEC BR 155 $48.99 MYCHAL FOWLDS 20060313 20060315 BERBEE INFORMATION NETWRK $4,012.35 MYCHAL FOWLDS 20060303 20060306 RADIOSHACK.COM $320.98 NICK FRANZEN 20060303 20060306 HP DIRECT- PUBLICSECTOR $1,350.42 NICK FRANZEN 20060309 20060310 INSIGHT PUBLIC SECTOR $114.02 NICK FRANZEN 20060311 20060313 A J SCHAAK $16.75 CAROLE GERNES 20060303 20060306 S & T OFFICE PRODUCTS $12.01 JEAN GLASS 20060306 20060307 S & T OFFICE PRODUCTS {$12.01} JEAN GLASS 20060309 20060310 TARGET 00011858 $80.89 MIKE GRAF 20060315 20060316 DAYDOTS $45.87 MIKE GRAF 20060316 20060317 DAYDOTS ($13,30) MIKE GRAF 20060304 20060306 BLUE RIBBON BAIT & TACKL $8.04 JANET M GREW HAYMAN 20060303 20060306 NWA AIR 0122129830994 $372.60 KAREN E GUILFOILE 20060310 20060313 PROPERTYKEY.COM, INC. $50.00 KAREN E GUILFOILE 20060308 20060308 NORTHERN TOOL EQUIPMNT {$27,66} MARK HAAG 20060310 20060313 ARVEY PAPER & OFFICE PRO $4,794.88 LORI HANSON 20060303 20060306 S & T OFFICE PRODUCTS ($19,04) LORI HANSON 20060307 20060308 S & T OFFICE PRODUCTS $29.43 LORI HANSON 20060309 20060310 S & T OFFICE PRODUCTS $24.01 LORI HANSON 20060309 20060313 NADA USED CAR GUIDE $108.00 LORI HANSON 20060310 20060313 LILLIE SUBURBAN NEWSP $98.05 LORI HANSON 20060310 20060313 LILLIE SUBURBAN NEWSP $559.24 LORI HANSON 20060314 20060315 S & T OFFICE PRODUCTS $24.28 LORI HANSON 20060302 20060306 HIRSHFIELD'S MAPLEWOOD $158.86 GARY HINNENKAMP 20060307 20060308 LESCO SC 0530 $255.60 GARY HINNENKAMP 20060305 20060307 SPORTS AUTHORITY #701 $79.83 RON HORWATH 20060308 20060309 MEDCO SUPPLY $46.65 RON HORWATH 20060314 20060316 AMERICAN RED CROS01 OF 01 $120.00 RON HORWATH 20060303 20060306 METRO SALES INC $95.56 ANN E HUTCHINSON VISA transactions 03 -04 -06 to 03- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20060308 20060309 G & K SERVICES 006 $44.08 ANN E HUTCHINSON 20060310 20060313 GARDEN SAFARI GIFTS $43.68 ANN E HUTCHINSON 20060314 20060315 KNOWLANS #2 $19.14 ANN E HUTCHINSON 20060314 20060315 SPRINT *WIRELESS SVCS $33.22 ANN E HUTCHINSON 20060309 20060313 HENRIKSEN ACE HARDWARE $14.02 DAVID JAHN 20060308 20060310 UNIFORMS UNLIMITED INC ($83,60) DAVID KVAM 20060307 20060308 U OF M CCE ON LINE $150.00 ERIN M LABEREE 20060314 20060314 SPRINTPCS AUTOPYMT RC1 $52.63 ERIN M LABEREE 20060308 20060310 CUB FOODS, INC. $19.07 SHERYL L LE 20060227 20060308 DALCO ENTERPRISES, INC $595.77 MICHAEL LIDBERG 20060304 20060306 CARQUEST #2110 $13.27 MICHAEL LIDBERG 20060306 20060309 DALCO ENTERPRISES, INC $56.24 MICHAEL LIDBERG 20060311 20060313 MILLS FLEET FARM #27 $44.71 MICHAEL LIDBERG 20060309 20060313 MILLS FLEET FARM #27 $18.09 DENNIS LINDORFF 20060303 20060306 ADVANCED GRAPHIX INC $348.68 STEVE LUKIN 20060303 20060306 EMERGENCY APPARATUS MAINT $149.85 STEVE LUKIN 20060306 20060307 WMS *WASTE MGMT WMEZPAY $266.41 STEVE LUKIN 20060307 20060308 EMERGENCY APPARATUS MAINT $966.96 STEVE LUKIN 20060309 20060310 FEDEX KINKO'S #0617 $402.57 STEVE LUKIN 20060310 20060313 AIRGAS NORTH CENTRAL INT $115.71 STEVE LUKIN 20060310 20060313 AIRGAS NORTH CENTRAL INT $115.71 STEVE LUKIN 20060314 20060315 SPRINT *WIRELESS SVCS $874.08 STEVE LUKIN 20060315 20060316 VERIZON WRLS 12KW $29.88 STEVE LUKIN 20060306 20060307 ALL MAIN STREET ELECTRIC $167.50 MARK MARUSKA 20060306 20060308 ON SITE SANITATION INC $67.44 MARK MARUSKA 20060306 20060308 HENRIKSEN ACE HARDWARE $169.30 MARK MARUSKA 20060307 20060308 CONTINENTAL RESEARCH $488.82 MARK MARUSKA 20060307 20060308 G & K SERVICES 006 $227.28 MARK MARUSKA 20060307 20060310 AMERICAN FASTENER & SUPPL $63.07 MARK MARUSKA 20060313 20060314 METRO ATHLETIC SUPPLY INC $366.36 MARK MARUSKA 20060315 20060316 VERIZON WRLS 12KW $36.44 MARK MARUSKA 20060315 20060316 HEJNY RENTAL $85.20 ALEISA METRY 20060315 20060317 CUB FOODS, INC. $67.43 ALEISA METRY 20060303 20060306 TARGET 00011858 $17.00 ED NADEAU 20060315 20060316 VERIZON WRLS 12KW $62.27 ED NADEAU 20060309 20060310 MENARDS 3059 $18.44 JOHN NAUGHTON 20060303 20060306 S & T OFFICE PRODUCTS $96.37 AMY NIVEN 20060308 20060309 G & K SERVICES 006 $307.91 AMY NIVEN 20060308 20060309 G & K SERVICES 006 $170.40 AMY NIVEN 20060308 20060309 G & K SERVICES 006 $69.64 AMY NIVEN 20060313 20060314 S & T OFFICE PRODUCTS $54.39 AMY NIVEN 20060308 20060309 LESCO SC 0530 $19.26 MICHAEL NOVAK 20060310 20060313 ANCOM TECHNICAL CENTER IN $132.25 MARSHA PACOLT 20060310 20060313 ANCOM TECHNICAL CENTER IN $156.33 MARSHA PACOLT 20060310 20060313 ANCOM TECHNICAL CENTER IN $166.33 MARSHA PACOLT 20060313 20060314 QWEST *COMMUNICATION $690.00 MARSHA PACOLT 20060307 20060308 S & T OFFICE PRODUCTS $107.43 KATHLEEN PECK HALL 20060309 20060310 S & T OFFICE PRODUCTS {$106,97} KATHLEEN PECK HALL 20060313 20060314 S & T OFFICE PRODUCTS $139.83 KATHLEEN PECK HALL 20060307 20060309 HENRIKSEN ACE HARDWARE $15.72 ROBERT PETERSON 20060309 20060313 EAT INC $4.12 ROBERT PETERSON 20060309 20060313 BLUE RIBBON BAIT & TACKL $15.92 ROBERT PETERSON 20060223 20060306 COPQUEST $77.75 PHILIP F POWELL 20060306 20060308 REVERE $331.84 PHILIP F POWELL 20060306 20060308 WOLF CAMERA #1530 $33.19 PHILIP F POWELL 20060307 20060308 MEDTECH FORENSICS INC $103.00 PHILIP F POWELL VISA transactions 03 -04 -06 to 03- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20060307 20060309 TAPE $50.00 PHILIP F POWELL 20060307 20060309 HENRIKSEN ACE HARDWARE $28.73 PHILIP F POWELL 20060309 20060313 WOLF CAMERA #1530 $12.43 PHILIP F POWELL 20060310 20060313 HENRIKSEN ACE HARDWARE $16.53 PHILIP F POWELL 20060310 20060313 PACK AND MAIL $31.99 PHILIP F POWELL 20060310 20060313 MEDCO SUPPLY $75.83 PHILIP F POWELL 20060311 20060313 MEDCO SUPPLY $4.21 PHILIP F POWELL 20060314 20060316 WOLF CAMERA #1530 $13.82 PHILIP F POWELL 20060304 20060306 TARGET 00011858 $177.42 ROBERT PRECHTEL 20060313 20060315 OFFICE MAX 00011023 $63.89 ROBERT PRECHTEL 20060316 20060317 BOUND TREE MEDICAL LLC $810.44 ROBERT PRECHTEL 20060302 20060306 EXCELLCOM $21.29 WILLIAM J PRIEFER 20060305 20060306 SPRINT *WIRELESS SVCS $105.63 WILLIAM J PRIEFER 20060307 20060309 EXCELLCOM $21.29 WILLIAM J PRIEFER 20060309 20060310 AMERICAN PUBLIC WORKS $780.00 WILLIAM J PRIEFER 20060302 20060306 GARELICK STEEL CO. INC $889.70 STEVEN PRIEM 20060303 20060306 OXYGEN SERVICE CO $111.52 STEVEN PRIEM 20060303 20060306 BAUER BULT TRE33200023 $296.90 STEVEN PRIEM 20060303 20060306 H & L MESABI COMPANY $177.99 STEVEN PRIEM 20060303 20060306 H & L MESABI COMPANY $332.64 STEVEN PRIEM 20060303 20060306 ZIEGLER INC - RETAIL $188.19 STEVEN PRIEM 20060307 20060308 POMPS TIRE SERVICE $447.30 STEVEN PRIEM 20060307 20060308 PAM OIL INC $197.48 STEVEN PRIEM 20060307 20060309 MILLS FLEET FARM #27 $72.78 STEVEN PRIEM 20060308 20060309 H & L MESABI COMPANY $368.62 STEVEN PRIEM 20060308 20060309 POLAR CHEVROLET $46.39 STEVEN PRIEM 20060308 20060309 KATH AUTO PARTS NSP $93.08 STEVEN PRIEM 20060308 20060309 MACQUEEN EQUIPMENT INC $12.03 STEVEN PRIEM 20060309 20060310 KATH AUTO PARTS NSP $82.37 STEVEN PRIEM 20060309 20060310 KATH AUTO PARTS NSP $48.94 STEVEN PRIEM 20060309 20060310 PAM OIL INC $118.33 STEVEN PRIEM 20060309 20060310 PARTS ASSOCIATES INC $174.61 STEVEN PRIEM 20060309 20060313 TOUSLEY FORD 127200039 $139.96 STEVEN PRIEM 20060310 20060313 KATH AUTO PARTS $38.04 STEVEN PRIEM 20060310 20060313 ZARNOTH BRUSH WORKS INC $1,262.03 STEVEN PRIEM 20060313 20060314 ZARNOTH BRUSH WORKS INC $1,036.25 STEVEN PRIEM 20060313 20060315 MERIT CHEVROLET CO. $22.00 STEVEN PRIEM 20060314 20060315 BAUER BULT TRE33200023 $148.55 STEVEN PRIEM 20060314 20060316 BOYER FORD TRUCKS INC $201.13 STEVEN PRIEM 20060315 20060316 KATH AUTO PARTS NSP $51.65 STEVEN PRIEM 20060315 20060316 MACQUEEN EQUIPMENT INC $161.04 STEVEN PRIEM 20060315 20060317 MERIT CHEVROLET CO. $129.72 STEVEN PRIEM 20060315 20060317 D & D TOWING $79.88 STEVEN PRIEM 20060302 20060306 THE TRAFFIC SAFETY STORE $640.78 KEVIN RABBETT 20060303 20060306 UNIFORMS UNLIMITED INC $1,168.84 KEVIN RABBETT 20060306 20060307 CUSTOM HEADSETS INC $68.98 TERRIE RAMEAUX 20060309 20060313 PIONEER PRESS ADVERTISIN $1,085.28 TERRIE RAMEAUX 20060309 20060313 GOVERN MENTJOBS.COM INC. $175.00 TERRIE RAMEAUX 20060316 20060317 USI ED GOV $14.65 TERRIE RAMEAUX 20060316 20060317 MN OCCUPATIONAL HEALTH $252.50 TERRIE RAMEAUX 20060310 20060313 HILLYARD INC MINNEAPOLIS $1,476.32 MICHAEL REILLY 20060310 20060313 THE HOME DEPOT 2801 $19.11 MICHAEL REILLY 20060310 20060316 DALCO ENTERPRISES, INC $1,063.21 MICHAEL REILLY 20060313 20060314 HILLYARD INC MINNEAPOLIS $139.08 MICHAEL REILLY 20060303 20060306 MAD SCIENCE OF MINN $120.00 AUDRA ROBBINS 20060305 20060307 MICHAELS #3701 $34.91 AUDRA ROBBINS VISA transactions 03 -04 -06 to 03- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20060306 20060308 WONDER/HOSTESS #63 $14.05 AUDRA ROBBINS 20060306 20060308 MILLS FLEET FARM #27 $11.18 AUDRA ROBBINS 20060308 20060309 S *S S ARTS CRAFT $100.12 AUDRA ROBBINS 20060310 20060313 ORIENTAL TRADING CO $223.47 AUDRA ROBBINS 20060314 20060315 WALGREEN 00029363 $14.02 AUDRA ROBBINS 20060316 20060317 AMERICAN HIKING SOCIETY $49.95 AUDRA ROBBINS 20060314 20060315 SOI *SNAP -ON INDUSTRIAL $269.48 ROBERT RUNNING 20060309 20060313 MILLS FLEET FARM #27 $27.57 JAMES SCHINDELDECKER 20060304 20060306 STAPLES SCC #467 $14.34 DEB SCHMIDT 20060309 20060310 WWW.THESPORTSAUTHORTY.COM $159.98 RUSSELL L SCHMIDT 20060310 20060313 CLOVER SUPER FOODS $163.75 RUSSELL L SCHMIDT 20060314 20060316 ARAMARK REF SVS #6013- $103.27 RUSSELL L SCHMIDT 20060309 20060310 THOMAS TOOL AND SU $95.83 SCOTT SCHULTZ 20060304 20060306 UNIFORMS UNLIMITED INC $64.95 MICHAEL SHORTREED 20060308 20060309 FONDDULAC TRBL CCLG BS $25.00 MICHAEL SHORTREED 20060310 20060313 UNIFORMS UNLIMITED INC $29.29 MICHAEL SHORTREED 20060310 20060313 UNIFORMS UNLIMITED INC $11.66 MICHAEL SHORTREED 20060315 20060317 UNIFORMS UNLIMITED INC $316.00 MICHAEL SHORTREED 20060306 20060307 RON'S VIRTUE PRINTI $517.05 ANDREA SINDT 20060307 20060308 FEDEX KINKO'S #0617 ($358.80) ANDREA SINDT 20060307 20060308 FEDEX KINKO'S #0617 $358.80 ANDREA SINDT 20060307 20060308 FEDEX KINKO'S #0617 $914.84 ANDREA SINDT 20060313 20060314 S & T OFFICE PRODUCTS $177.96 ANDREA SINDT 20060313 20060314 T- MOBILE $37.78 ANDREA SINDT 20060315 20060316 S & T OFFICE PRODUCTS $9.87 ANDREA SINDT 20060315 20060316 SPRINT *WIRELESS SVCS $427.51 ANDREA SINDT 20060312 20060314 RAINBOW FOODS 00088617 $57.92 PAULINE STAPLES 20060309 20060310 S & T OFFICE PRODUCTS $63.86 JOANNE M SVENDSEN 20060313 20060314 S & T OFFICE PRODUCTS {$63.86} JOANNE M SVENDSEN 20060313 20060314 S & T OFFICE PRODUCTS $42.70 JOANNE M SVENDSEN 20060315 20060317 DE LAGS LANDEN OP01 OF 01 $626.43 JOANNE M SVENDSEN 20060308 20060310 EXCELLCOM $74.61 RONALD SVENDSEN 20060310 20060313 CLAREY'S SAFETY EQUIPM $254.05 RUSTIN SVENDSEN 20060310 20060313 PEN *FDICIFIRE ENGINEER $415.00 RUSTIN SVENDSEN 20060311 20060313 THE HOME DEPOT 2801 $15.23 RUSTIN SVENDSEN 20060303 20060306 HIRSHFIELD'S MAPLEWOOD $75.46 LYLE SWANSON 20060307 20060308 G & K SERVICES 006 $79.88 LYLE SWANSON 20060307 20060309 HENRIKSEN ACE HARDWARE $114.87 LYLE SWANSON 20060309 20060313 HIRSHFIELD'S MAPLEWOOD $17.97 LYLE SWANSON 20060309 20060313 OFFICE MAX 00002204 $22.56 LYLE SWANSON 20060309 20060313 C AIRE INC $72.37 LYLE SWANSON 20060309 20060313 FOREST PRODUCTS SUPPLY $15.98 LYLE SWANSON 20060310 20060313 US WATER SERVICES $305.83 LYLE SWANSON 20060313 20060315 SEARS ROEBUCK 1122 $57.23 LYLE SWANSON 20060315 20060317 SEARS ROEBUCK 1122 $38.32 LYLE SWANSON 20060302 20060306 FSH COMMUNICATION01 OF 01 $58.58 JUDY TETZLAFF 20060306 20060307 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 20060306 20060307 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 20060306 20060307 QWESTCOMM *TN612 $395.83 JUDY TETZLAFF 20060306 20060307 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 20060306 20060307 QWESTCOMM *TN612 $140.58 JUDY TETZLAFF 20060306 20060307 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 20060306 20060307 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 20060306 20060307 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 20060306 20060307 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 20060306 20060307 QWESTCOMM *TN612 $372.92 JUDY TETZLAFF VISA transactions 03 -04 -06 to 03- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20060313 20060314 PIONEER PRESS SUBSCRIPTI $318.76 JUDY TETZLAFF 20060306 20060307 KOHL'S #0052 $69.99 DAVID J THOMALLA $65,421.38 10 vchlist 0313112006 Check Check Register 11:11:36 AM CITY OF MAPLEWOOD Date Vendor Description /Account Amount 69589 41412006 03375 ASHBY, MARK PARKING LOT RENTAL -APR 1,000.00 69590 41412006 00174 BELDE, STAN K -9 MAINTENANCE 35.00 69591 4/412006 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 189.00 69592 4!412006 01869 BOETCHER, DALE VOLLEYBALL OFFICIAL 66.00 69593 4!412006 01865 BOWMAN, DON VOLLEYBALL OFFICIAL 509.00 69594 41412006 00210 BRAUER & ASSOCIATES, LTD APPLEWOOD PARK CONST 300.00 69595 4/412006 00283 CENTURY COLLEGE FIREFIGHTER TUITION 655.55 FIREFIGHTER TUITION 635.55 69596 41412006 03638 COMPLETE HELICOPTERS INC DEER SURVEY 550.00 69597 4/412006 00354 CUSTOM FIRE APPARATUS, INC. AIR TOGGLE SWITCH 33.00 69598 4/412006 00384 DE LAGS LANDEN FINANCIAL SRVS COPIER MAINT LEASE - APR 161.88 69599 41412006 02977 DENNY HECKER'S ROSEDALE DODGE- HOSE OIL 143.18 69600 41412006 03619 DRAIN KING INC PROD 05 -16 TELEVISE SEWER 2,203.00 PROD 05 -16 TELEVISE SEWER 749.00 PROD 05 -16 TELEVISE SEWER 396.00 69601 4/412006 03463 EBERT CONSTRUCTION APPLEWOOD PARK 13,852.69 69602 41412006 00487 F.M. FRATTALONE EXC INC PR #00 -06 HIGHPOINT RIDGE- 2,274.16 69603 41412006 02960 GOFF HOMES INC PR #99 -14 PINEVIEW EST - CLOSE 550.96 69604 41412006 00589 GRAF, DAVE KARATE INSTRUCTOR 317 - 3/28 178.75 69605 4/412006 03640 GRIEMAN, JOE SEWER BACKUP CLAIM 3,021.01 69606 41412006 02407 H & B SPECIALIZED PRODUCTS GYM EQUIP PREV MAINT 1,403.00 69607 41412006 00668 HIEBERT, STEVEN K -9 MAINTENANCE - APR 35.00 69608 41412006 03538 HUBBARD, PATRICK JAMES VOLLEYBALL OFFICIAL 594.00 69609 4/412006 00718 INDEPENDENT SCHOOL DIST #622 BLDG SUPV & GYM USAGE - JAN & 1,923.00 BLDG SUPV & GYM USAGE 686.50 BLDG SUPV & GYM RENTAL 560.00 BLDG SUPV 64.00 BLDG SUPV & GYM RENTALS 22.00 BLDG SUPV & GYM USAGE - IN 355.30 BLDG SUPV & GYM USAGE - HIGH 545.16 BLDG SUPV & GYM USAGE - IN 323.10 BLDG SUPV & GYM USAGE - HIGH 619.22 69610 41412006 03021 KIMLINGER, JENNIFER VOLLEYBALL OFFICIAL 198.00 69611 41412006 03607 KIMLINGER, ROB VOLLEYBALL OFFICIAL 396.00 69612 41412006 00827 L M C I T INSURANCE QUARTERLY PREM - 43,016.75 WORK COMP QUARTERLY 57,713.25 69613 41412006 00881 LUKIN, STEVE REIMB FOR PARKING 3 -24 15.00 69614 41412006 01819 MCLEOD USA LOCAL PHONE SRV 2116 - 3115 2,059.33 69615 4/412006 03023 MELANDER, JON VOLLEYBALL OFFICIAL 198.00 69616 41412006 02872 METLIFE SBC MONTHLY DENTAL PREMIUM 9,326.68 69617 41412006 00985 METROPOLITAN COUNCIL WASTEWATER - APR 199,212.84 69618 41412006 01085 MN LIFE INSURANCE MONTHLY PREMIUM 4,213.15 69619 4/412006 03022 MOTT, RANDALL VOLLEYBALL OFFICIAL 330.00 69620 41412006 01202 NYSTROM PUBLISHING CO INC PARK & REC FLYERS 1,589.64 69621 41412006 00001 ONE TIME VENDOR REF RICHARD KASPRZAK - PARKS 520.00 69622 41412006 00001 ONE TIME VENDOR REF STEPHEN JAVORINA - AMB 469.00 69623 4/412006 00001 ONE TIME VENDOR REF K MCCALL - CANCEL 175.00 69624 41412006 00001 ONE TIME VENDOR REF NANCY NEUBAUER - CANCEL 175.00 69625 41412006 00001 ONE TIME VENDOR REF JENNIFER POTHEN - 130.00 69626 41412006 00001 ONE TIME VENDOR REF DALE JENSEN - MEMBERSHIP 127.80 69627 4/412006 00001 ONE TIME VENDOR REF MITCHELL CHANG - AMB 107.00 69628 41412006 00001 ONE TIME VENDOR REF JENNIFER BARTHOL - GYM 100.00 69629 41412006 00001 ONE TIME VENDOR REF EDUARDO JIMENEZ - AMB 66.00 69630 41412006 01863 PACKER, ROGER VOLLEYBALL OFFICIAL 770.00 69631 4/412006 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 1,189.55 69632 41412006 01345 RAMSEY COUNTY CONSERVATION PARTNERS 2,500.00 69633 41412006 01337 RAMSEY COUNTY -PROP REC & REV RECORD STATE DEED 18- 29- 22 -11- 52.70 69634 41412006 01360 REINHART FOODSERVICE MERCH FOR RESALE 223.07 69635 4/412006 03556 ROETTGER WELDING INC WELD ALUMINUM RAINING 595.00 IE Check Date Vendor 69636 41412006 01418 SAM'S CLUB DIRECT 69637 41412006 03586 SECRETARY OF STATE 69638 4/412006 03557 SIKORA, PAUL 69639 4/412006 00198 ST PAUL REGIONAL WATER SRVS 69640 41412006 01504 ST PAUL, CITY OF 69641 41412006 01915 STEFFEN, NANCY 69642 41412006 01632 TONIC SOL - FA L.C. 69643 41412006 00529 UNION SECURITY INSURANCE CO 69644 41412006 03334 UNIQUE PAVING MATERIALS CORP 69645 41412006 01730 W.W. GOETSCH ASSOCIATES, INC. 69646 41412006 01734 WALSH, WILLIAM P. 69647 41412006 01872 WEBER, MARK 69648 41412006 01769 WHITE BEAR DODGE 2346493 41412006 00782 KPMG LLP 61 Checks in this report Description /Account Amount BIRTHDAY PROGRAM SUPPLIES 60.54 MERCH FOR RESALE 136.63 GYM SUPPLIES 120.84 BIRTHDAY CAKES 79.30 MERCH FOR RESALE 212.38 GYM SUPPLIES 55.05 MERCH FOR RESALE 170.99 MERCH FOR RESALE 266.32 COFFEE 299.70 BIRTHDAY PROGRAM SUPPLIES 67.90 BIRTHDAY CAKES 31.74 NOTARY COMMISSION 40.00 VOLLEYBALL OFFICIAL 66.00 WATER UTILITY 961.58 FABRICATE LIFT TARP 183.08 MEDICAL SUPPLIES 1,019.67 VOLLEYBALL OFFICIAL 198.00 MCC PROGRAM 3123 2,400.00 MONTHLY LTD PREMIUM 3,143.24 STD PLAN 4043120 -0 -1 APRIL 1,722.53 WINTER PATCH MATERIAL 487.34 WINTER PATCHING MATERIAL 468.60 DIAPHRAGM & CLAMP LUGS 887.53 COMMERCIAL PLUMBING 414.52 COMMERCIAL PLUMBING 3,600.00 VOLLEYBALL OFFICIAL 132.00 TRANSMISSION ASSEMBLY 2,581.26 CORE RETURN - 417.64 AUDIT FEES FOR 2005 AUDIT 15,000.00 Total cheeks: 394,491.87 12 CITY OFMAPLBNOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 03/23/06 03124/0 03/2400 O3/23/0G O3/23/0G U3/240S U3/24/OS U3/24/0S O3/27/06 03/24/O0 03/24/00 O3/24/0G O3/28/0G U3/28/US U3/270S 03/24/O6 O3/24/06 03/24/0G 03/24/00 03/24/O8 O3/27/UG O3/27/00 03/27/O0 03/28/O6 03/28/0G O3/28/06 03/2O/08 03/2S/00 O3/3O/0D O3/3O/UG MIN State Treasurer |CMA(Vantagepoinba) Orchard Trust MN Dept nfNatural Resources Pitney Bowes MN State Treasurer U.S. Treasurer P. E.Fl.A. MIN State Treasurer MN State Treasurer K4idAmehoa-|NG Labor Unions MN State Treasurer MN State Treasurer ARC Administration Description Drivers License/Deputy Registrar Deferred Compensation Deferred Compensation DNR electronic licenses Postage Drivers Licanoe/DeputyRagintnar Federal Payroll Tax P.E.R.A. Drivers License/Deputy Registrar State Payroll Tax HRA Flex plan Union Dues Drivers Lioense/DeputyFlegistnor Drivers License/Deputy Registrar OCRP & Flex plan payments Amount 13,022.94 8 25,871.62 1,047.50 2,985.00 12 96,907.17 62,086.32 14,429.00 18 3 3.418.18 15,098.08 13,593.50 2 z�j,j dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd CHECK # CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK DATE EMPLOYEE NAME AMOUNT 03/24106 HJELLE, ERIK 397.80 03124106 JUENEMANN, KATHLEEN 397.80 03/24106 ROSSBACH, WILLIAM 397.80 03/24106 COLEMAN, MELINDA 4,218.88 03/24106 DARST, ROBERTA 1,863.89 03/24106 FURSMAN, RICHARD 5,205.58 03/24106 FARR, LARRY 1,821.04 03/24106 SWANSON, LYLE 1,711.57 03/24106 LE, JENNIFER 81.00 03/24106 LE, SHERYL 4,121.65 03/24106 RAMEAUX, THERESE 2,448.10 03/24106 FAUST, DANIEL 4,292.22 03/24106 SCHMIDT, DEBORAH 1,570.96 03/24106 ANDERSON, CAROLE 1,869.30 03/24106 BAUMAN, GAYLE 3,537.43 03/24106 JACKSON, MARY 1,873.35 03/24106 KELSEY, CONNIE 1,235.76 03/24106 TETZLAFF, JUDY 1,873.35 03/24106 FRY, PATRICIA 1,738.95 03/24106 GUILFOILE, KAREN 2,969.70 03/24106 MORSON, JOHN 510.72 03/24106 SPANGLER, EDNA 793.77 03/24106 JAGOE, CAROL 1,679.67 03/24106 JOHNSON, BONNIE 1,075.24 03/24106 MECHELKE, SHERRIE 1,020.13 03/24106 MOY, PAMELA 819.13 03/24106 OLSON, SANDRA 1,193.86 03/24106 OSTER, ANDREA 1,804.69 03/24106 WEAVER, KRISTINE 1,839.76 03/24106 BANICK, JOHN 4,017.82 03/24106 CORCORAN, THERESA 1,693.35 03/24106 POWELL, PHILIP 2,336.04 03/24106 RICHIE, CAROLE 1,684.28 03/24106 THOMALLA, DAVID 4,429.00 03/24106 ABEL, CLINT 2,477.36 03/24106 ALDRIDGE, MARK 2,828.32 03/24106 ANDREWS, SCOTT 3,056.83 03/24106 BAKKE, LONN 2,560.09 03/24106 BELDE, STANLEY 2,760.82 03/24106 BIERDEMAN, BRIAN 2,352.98 1111 dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd CHECK # CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK DATE EMPLOYEE NAME AMOUNT 03/24106 BOHL, JOHN 3,389.69 03/24106 BUSACK, DANIEL 2,488.40 03/24106 COFFEY, KEVIN 2,331.55 03/24106 GROTTY, KERRY 2,790.65 03/24106 DOBLAR, RICHARD 2,831.57 03/24106 DUNN, ALICE 2,502.99 03/24106 GABRIEL, ANTHONY 1,988.74 03/24106 HEINZ, STEPHEN 3,214.53 03/24106 HIEBERT, STEVEN 2,794.57 03/24106 JOHNSON, KEVIN 3,593.06 03/24106 KALKA, THOMAS 781.00 03/24106 KAKIS, FLINT 3,236.03 03/24106 KONG, TOMMY 2,455.29 03/24106 KROLL, BRETT 2,808.45 03/24106 KVAM, DAVID 3,523.42 03/24106 LANGNER, TODD 1,705.93 03/24106 LU, JOHNNIE 2,532.55 03/24106 MARINO, JASON 2,499.44 03/24106 MARTIN, JERROLD 2,514.38 03/24106 MCCARTY, GLEN 2,438.69 03/24106 METRY, ALESIA 2,553.55 03/24106 NYE, MICHAEL 2,054.41 03/24106 OLSON, JULIE 2,598.76 03/24106 RABBETT, KEVIN 3,587.70 03/24106 RHUDE, MATTHEW 1,375.93 03/24106 STEFFEN, SCOTT 4,081.32 03/24106 STEINER, JOSEPH 1,645.93 03/24106 SYPNIEWSKI, WILLIAM 1,883.04 03/24106 SZCZEPANSKI, THOMAS 2,630.65 03/24106 IRAN, JOSEPH 2,331.55 03/24106 WENZEL, JAY 2,510.47 03/24106 XIONG, KAO 2,422.18 03/24106 BARTZ, PAUL 3,714.78 03/24106 BERGERON, JOSEPH 3,282.61 03/24106 DUGAS, MICHAEL 2,619.09 03/24106 ERICKSON, VIRGINIA 2,605.80 03/24106 FLOR, TIMOTHY 3,415.48 03/24106 FRASER, JOHN 3,020.85 03/24106 LANGNER, SCOTT 2,217.28 03/24106 PALMA, STEVEN 3,597.35 03/24106 THEISEN, PAUL 2,217.28 im CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/24106 THIENES, PAUL 2,713.55 dd 03/24106 DAWSON, RICHARD 2,285.81 dd 03/24106 DUELLMAN, KIRK 2,166.89 dd 03/24106 EVERSON, PAUL 2,126.36 dd 03/24106 HALWEG, JODI 1,864.53 dd 03/24106 JOHNSON, DOUGLAS 2,324.30 dd 03/24106 NOVAK, JEROME 2,272.98 dd 03124106 PARSONS, KURT 2,008.66 dd 03/24106 PETERSON, ROBERT 2,384.32 dd 03/24106 PRECHTEL, ROBERT 2,211.08 dd 03/24106 SVENDSEN, RONALD 2,397.80 dd 03/24106 GERVAIS -JR, CLARENCE 2,868.34 dd 03/24106 BAUER, MICHELLE 1,691.70 dd 03124106 FLAUGHER, JAYME 1,934.15 dd 03/24106 HERMANSON, CHAD 1,632.97 dd 03/24106 HUBIN, KENNARD 1,754.39 dd 03/24106 KNAPP, BRETT 1,611.05 dd 03/24106 LINN, BRYAN 1,952.06 dd 03/24106 PACOLT, MARSHA 2,529.68 dd 03/24106 RABINE, JANET 1,987.53 dd 03/24106 STAHNKE, JULIE 1,931.75 dd 03/24106 LUKIN, STEVEN 4,016.18 dd 03/24106 SVENDSEN, RUSTIN 3,219.37 dd 03/24106 ZWIEG, SUSAN 1,879.63 dd 03/24106 DOLLERSCHELL, ROBERT 293.39 dd 03/24106 AHL, R. CHARLES 4,500.69 dd 03/24106 BREHEIM, ROGER 1,897.97 dd 03/24106 GROHS, JUDITH 1,820.28 dd 03/24106 KONEWKO, DUWAYNE 3,059.51 dd 03/24106 NIVEN, AMY 1,234.02 dd 03/24106 PRIEFER, WILLIAM 2,601.26 dd 03/24106 BRINK, TROY 2,092.62 dd 03/24106 BRUNELL, DAVID 1,687.41 dd 03/24106 DEBILZAN, THOMAS 2,031.92 dd 03/24106 EDGE, DOUGLAS 2,114.05 dd 03/24106 FREBERG, RONALD 2,234.59 dd 03/24106 JONES, DONALD 2,201.97 dd 03/24106 MEYER, GERALD 2,143.39 dd 03/24106 NAGEL, BRYAN 2,368.18 dd 03/24106 OSWALD, ERICK 2,080.46 dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd CHECK # CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK DATE EMPLOYEE NAME AMOUNT 03/24106 RUNNING, ROBERT 1,823.75 03/24106 TEVLIN, TODD 1,980.22 03/24106 DUCHARME, JOHN 2,414.86 03/24106 ENGSTROM, ANDREW 1,694.15 03/24106 ISAKSON, CHAD 392.71 03/24106 JACOBSON, SCOTT 2,404.85 03/24106 JAROSCH, JONATHAN 2,030.15 03/24106 KNUTSON, LOIS 1,378.81 03/24106 KUMMER, STEVEN 3,140.38 03/24106 LABEREE, ERIN 2,882.35 03/24106 LINDBLOM, RANDAL 3,479.76 03/24106 PECK, DENNIS 2,421.79 03/24106 PRIEBE, WILLIAM 5,035.00 03/24106 THOMPSON, MICHAEL 2,663.17 03/24106 ANDERSON, BRUCE 4,184.27 03124106 CAREY, HEIDI 2,138.16 03/24106 HALL, KATHLEEN 1,820.28 03124106 MARUSKA, MARK 2,754.63 03/24106 NAUGHTON, JOHN 1,908.97 03/24106 SCHINDELDECKER, JAMES 1,895.66 03/24106 BIESANZ, OAKLEY 1,482.68 03/24106 HAYMAN, JANET 1,341.20 03/24106 HUTCHINSON, ANN 2,330.27 03/24106 NELSON, JEAN 1,029.40 03/24106 GAYNOR, VIRGINIA 2,098.32 03124106 EKSTRAND, THOMAS 3,134.50 03/24106 KROLL, LISA 1,254.21 03/24106 LIVINGSTON, JOYCE 1,007.80 03/24106 SINDT, ANDREA 1,695.75 03/24106 THOMPSON, DEBRA 670.94 03/24106 YOUNG, TAMELA 1,583.75 03/24106 CHRISTIANSEN, KEVIN 560.00 03/24106 FINWALL, SHANN 2,274.41 03124106 ROBERTS, KENNETH 2,577.49 03/24106 CARVER, NICHOLAS 2,853.51 03/24106 FISHER, DAVID 3,374.28 03/24106 RICE, MICHAEL 2,012.55 03/24106 SWAN, DAVID 2,110.95 03/24106 SWETT, PAUL 1,544.55 03/24106 WELLENS, MOLLY 1,161.93 03/24106 BJORK, ALICIA 65.82 I CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/24106 FINN, GREGORY 2,280.02 dd 03124106 FRANK, PETER 340.00 dd 03/24106 GALLANT, CHARLENE 112.63 dd 03/24106 KELLY, LISA 1,027.26 dd 03124106 NIEMCZYK, BRIAN 80.00 dd 03/24106 NIEMCZYK, EMILY 34.00 dd 03/24106 OHLHAUSER, MEGHAN 570.38 dd 03/24106 ROBBINS, AADRA 2,179.48 dd 03/24106 STAPLES, PAULINE 3,028.20 dd 03/24106 TAUBMAN, DOUGLAS 2,854.34 dd 03/24106 UNDERHILL, KRISTEN 201.25 dd 03/24106 GERMAIN, DAVID 1,902.59 dd 03/24106 NORDQUIST, RICHARD 2,254.66 dd 03/24106 SCHULTZ, SCOTT 2,132.33 dd 03/24106 ANZALDI, MANDY 1,572.20 dd 03/24106 COLEMAN, PHILIP 255.00 dd 03/24106 COLLINS, ASHLEY 128.00 dd 03124106 CRAWFORD - JR, RAYMOND 264.00 dd 03/24106 CROSSON, LINDA 2,688.72 dd 03/24106 DREWES, DEENA 177.60 dd 03/24106 EVANS, CHRISTINE 792.51 dd 03/24106 GRAF, MICHAEL 2,001.16 dd 03124106 HER, CHONG 326.40 dd 03/24106 HOFMEISTER, MARY 747.42 dd 03/24106 MILES, LAURA 38.50 dd 03/24106 PELOQUIN, PENNYE 440.24 dd 03/24106 SCHMIDT, RUSSELL 2,094.61 dd 03/24106 SCHULZE, BRIAN 753.36 dd 03124106 ANDREA, JOHANNA 67.50 dd 03/24106 BRENEMAN, NEIL 486.12 dd 03/24106 BRUSOE, CRISTINA 61.75 dd 03124106 BUCKLEY, BRITTANY 119.00 dd 03/24106 CANTLON, COLLEEN 23.25 dd 03/24106 DUNK, RYAN 606.57 dd 03/24106 ERICKSON- CLARK, CAROL 23.75 dd 03/24106 EVANS, KRISTIN 105.00 dd 03/24106 FONTAINE, KIM 797.84 dd 03/24106 GREDVIG, ANDERS 375.50 dd 03/24106 HASSENSTAB, DENISE 85.20 dd 03124106 HAWBAKER, EVAN 42.90 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd wf wf wf wf wf wf wf wf wf wf wf wf wf CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03/24106 HORWATH, RONALD 2,159.70 03/24106 KOEHNEN, AMY 150.30 03/24106 KOEHNEN, MARY 1,317.15 03124106 KRONHOLM, KATHRYN 419.93 03/24106 MATHEWS, LEAH 31.50 03/24106 OVERBY, ANNA 60.00 03/24106 PROESCH, ANDY 492.53 03/24106 SMITH, ANN 354.60 03/24106 TRUE, CAROLINE 39.60 03/24106 TUPY, HEIDE 169.60 03124106 TUPY, MARCUS 346.50 03/24106 WERNER, REBECCA 45.18 03/24106 WHITE, NICOLE 711.95 03/24106 WOLFGRAM, MARY 47.13 03/24106 GROPPOLI, LINDA 273.60 03124106 ANDERSON, MATT 53.20 03/24106 BEHAN, JAMES 1,769.23 03/24106 LONETTI, JAMES 1,129.56 03/24106 PATTERSON, ALBERT 1,116.60 03/24106 PRINS, KELLY 1,131.17 03/24106 REILLY, MICHAEL 1,674.15 03/24106 SCHOENECKER, LEIGH 53.20 03/24106 AICHELE, CRAIG 1,953.51 03/24106 PRIEM, STEVEN 2,187.94 03/24106 WOEHRLE, MATTHEW 1,617.55 03/24106 BERGO, CHAD 2,355.82 03/24106 FOWLDS, MYCHAL 2,811.82 03/24106 FRANZEN, NICHOLAS 2,058.21 104530 03/24106 BARTOL, DAVID 96.85 104531 03/24106 CAVE, REBECCA 327.05 104532 03/24106 LONGRIE, DIANA 452.00 104533 03124106 WORKMAN, ROBERT 50.00 104534 03/24106 JAHN, DAVID 1,750.69 104535 03/24106 MORIN, TROY 153.00 104536 03/24106 THOMAS, MOLLY 336.00 104537 03/24106 MATHEYS, ALANA 2,059.18 104538 03/24106 HANSEN, LORI 1,813.35 104539 03/24106 GENNOW, PAMELA 276.25 104540 03/24106 PALANK, MARY 1,679.66 104541 03/24106 SVENDSEN, JOANNE 1,855.39 104542 03/24106 MARTIN, DANIEL 505.28 ius CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD NE CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 104543 03/24106 SHORTREED, MICHAEL 3,268.81 wf 104544 03/24106 WELCHLIN, CABOT 2,537.23 wf 104545 03/24106 EDSON, DAVID 2,038.00 wf 104546 03/24106 HELEY, ROLAND 2,126.10 wf 104547 03/24106 HINNENKAMP, GARY 2,025.39 wf 104548 03/24106 LINDORFF, DENNIS 1,897.98 wf 104549 03/24106 NOVAK, MICHAEL 1,857.35 wf 104550 03/24106 GERNES, CAROLE 667.13 wf 104551 03/24106 BENSON, CARLA 130.00 wf 104552 03/24106 BERGER, STEPHANIE 329.38 wf 104553 03124106 HELKAMP, KAYLA 78.00 wf 104554 03124106 KOHLMAN, JENNIFER 168.00 wf 104555 03/24106 NICHOLS, SAMUEL 31.25 wf 104556 03124106 O'SHEA, CASSANDRA 80.00 wf 104557 03124106 ROBBINS, EMERALD 316.00 wf 104558 03124106 SHOBERG, KARI 84.56 wf 104559 03/24106 SIKORA, JACOB 70.00 wf 104560 03124106 YORKOVICH, BENJAMIN 120.00 wf 104561 03/24106 HAAG, MARK 1,907.53 wf 104562 03/24106 NADEAU, EDWARD 3,061.98 wf 104563 03/24106 GLASS, JEAN 1,868.83 wf 104564 03124106 HER, PHENG 193.95 wf 104565 03/24106 NAGEL, BROOKE 359.98 wf 104566 03124106 SIMPSON, JOSEPH 146.65 wf 104567 03/24106 TOLBERT, FRANCINE 343.38 wf 104568 03124106 VELASQUEZ, ANGELA 195.75 wf 104569 03/24106 ANDERSON, CALEB 23.75 wf 104570 03124106 ANDERSON, JOSHUA 107.38 wf 104571 03/24106 ANDERSON, JUSTIN 124.50 wf 104572 03/24106 ARNEVIK, ERICA 70.00 wf 104573 03124106 BRENEMAN, SEAN 43.20 wf 104574 03/24106 CLARK, PAMELA 196.35 wf 104575 03/24106 COSTA, JOSEPH 276.65 wf 104576 03/24106 DEMPSEY, BETH 88.00 wf 104577 03/24106 ESTRADA, KIEL 184.00 wf 104578 03/24106 FENGER, JUSTIN 101.88 wf 104579 03/24106 GRANT, MELISSA 132.15 wf 104580 03/24106 GRUENHAGEN, LINDA 669.55 wf 104581 03/24106 HAGSTROM, EMILY 44.53 wf 104582 03/24106 IRISH, PETER 35.75 NE CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 104583 03/24106 KROLL, MARK 156.75 104584 03124106 LEMAY, KATHERINE 35.50 104585 03/24106 MELLEN, CHRISTOPHER 20.25 104586 03/24106 NWANOKWALE, MORDY 19.50 104587 03/24106 PETERSON, ANNA 91.80 104588 03/24106 RICHTER, NANCY 136.00 104589 03/24106 ROSTRON, ROBERT 294.80 104590 03/24106 RYDEEN, ARIEL 125.75 104591 03/24106 SCHMIDT, EMILY 75.81 104592 03/24106 SCHMIDT, JOHN 39.00 104593 03124106 SCHOENECKER, SAMANTHA 44.20 104594 03/24106 SCHRAMM, BRITTANY 97.80 104595 03/24106 SCHREINER, MICHELLE 251.85 104596 03/24106 SMITLEY, SHARON 392.40 104597 03/24106 STAHNKE, AMY 127.13 104598 03/24106 WARNER, CAROLYN 291.80 104599 03/24106 WEDES, CARYL 70.05 104600 03124106 WENZEL, SHANNON 39.00 104601 03/24106 WILLIAMS, KRISTINE 66.63 104602 03/24106 WOODMAN, ALICE 239.00 104603 03/24106 ZALK, IDA 39.00 104604 03/24106 BOSLEY, CAROL 318.60 104605 03124106 KLINKHAMER, KATIE 12.50 104606 03/24106 LEWIS, AMY 142.45 104607 03/24106 ODDEN, JESSICA 104.74 104608 03/24106 OIE, REBECCA 124.54 104609 03/24106 PARAYNO, GUAI 277.53 104610 03/24106 SATTLER, CASSANDRA 21.53 104611 03/24106 SATTLER, MELINDA 44.85 104612 03/24106 STODGHILL, AMANDA 94.51 104613 03/24106 VAN HALE, PAULA 128.65 104614 03/24106 ZAGER, LINNEA 55.35 104615 03124106 BALDWIN, JANA 37.00 104616 03/24106 BERLIN, SARAH 106.40 104617 03/24106 BIRKHOLZ, TYLER 31.75 104618 03/24106 DOUGLASS, TOM 1,339.13 104619 03/24106 O`GRADY, VICTORIA 145.95 104620 03/24106 OLSON, CHRISTINE 89.78 104621 03/24106 SCHULZE, KEVIN 203.20 104622 03/24106 THEESFELD, CALEB 83.40 104623 03124106 VANE, HUE 83.13 21 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD wf wf wf CHECK # CHECK DATE 104624 03/24106 104625 03/24106 104626 03124106 EMPLOYEE NAME AMOUNT VANE, KAY 227.00 VANE, TIM 72.20 VUE, LOR PAO 169.58 472, 607.83 22 Agenda Item H2 TO: City Manager, FUCh8nd Fursn18n FROM: Ken Roberts, Planner SUBJECT: RAMSEY COUNTY CDBG COOPERATION AGREEMENT DATE: March 3O.20U0 Ramsey County is requesting that the city approve an agreement for community development block grant KCDBG\funds. This agreement would allow the county to receive o guaranteed amount Of money from the federal government. The county uses some of the money for county-wide programs and distributes the rest to the county's suburbs. The purpose 0f the money iShJ develop community development projects th@t benefit low and moderate income people. BACKGROUND The city has had similar agreements with Ramsey County since 1985. Many projects in the city have received grants and loans through these agreements. They include The Village onVV0od|ynn, Carefree Cottages, Golden Star Apartments, Van Dyke Street Tovvnh0nnRS, Ernnn8'G Place, the Family Service Center, Sibley Cove and many home rehab and improvement projects. Over the past 10 years, 213 homes inMaplewood have received 8n average rehab grant nr loan [f $9,UO0 through these programs. DISCUSSION It would be in the city's interest to approve this agreement. If the db/ does not sign this agreement, the city would have to compete for these funds in a state-wide pool. Our chances Vf receiving COBG money are better through the county. To date, the county has approved many Of the city's requests. Approve the attached joint CVOp8r8UOn8gr88nlentvvithR8nl8eyCVUntvfnrCDBG P:\com_dvp8misoo|KRamooyCoCDRBAgreement Attachment: Joint Cooperation Agreement AMENDED AND RESTATED JOINT COOPERATION AGREEMENT This Agreement ("Agreement") is between the Ramsey County Housing and Redevelopment Authority ("Authority") and K8Gpkevv0od ("Municipality"), each 8 DolUUt8| subdivision of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59, as amended. WHEREAS Title I of the Housing and Community Development Act of 1974, 42 U.S.C.853O1 et seg., as amended, (CDBGACt) provides for o program Ofcommunity development block grants; and. WHEREAS, computation of a county's population as an Urban County may include persons residing in units of general local government within the county with which it has entered into cooperative 8grR8nl8ntS t0 undertake or to assist in the undertaking of essential activities pursuant to community development block grants; and WHEREAS, Ramsey County, Minnesota qualifies as an "Urban County" as that term is used in the CDBG Act and is eligible to receive community development block grant funds; and, WHEREAS, the HOME Investment Partnerships Act, Title UVfthe Cranston- Gonzalez National Affordable Housing Act, 42U.S.C.&127O1 et seg., as anoendSd ("HOME Act") provides for support for affordable housing activities; and WHEREAS, Ramsey County is a member of the Anoka, Dakota, Ramsey, and Washington Counties HOME Consortium ("ConGVrtiVm") formed pursuant to the HOME Act; and WHEREAS, Pursuant b]8 Joint Powers Agreement executed May 4.1S03.the Authority assumed all rights and duties of Ramsey County related to the administration of CDBG and HOME funds received from the United States Department of Housing and Urban Development ("HUD"). Now, Therefore, the Parties agree: 1' DEFINITIONS For the purposes of this Agreement, the terms defined in this section have the meanings given to them: "Act" means either the CDBG Act or the HOME Act, or both, depending upon the "CDBG Regulations" means those regulations @t24C.F.R.Part 570.@S "Cooperating Community" means any city, town, or township in Ramsey County that has entered into 8 Cooperation Agreement, oS amended, substantially similar hJthis Agreement and its Amendments. "HOME Regulations" means those regulations at 24 C.F.R. Part 92, as amended. "Regulations" means either the CDBG Regulations or the HOME Regulations, or both, depending upon the context. 2' SCOPE The Authority and the City of Maplewood will cooperate to undertake or assist in undertaking community renewal and low and moderate income housing assistance activities and other eligible activities authorized by the CDBG Act and HOME Act. The Authority and the City of Maplewood will cooperate in establishing priorities and in preparation of the application for a grant. The Authority will prepare and submit to HUD and appropriate reviewing agencies, all necessary applications for a basic grant amount under the CDBG Act and the HOME Act. In preparing the grant application and allocating grant funds received, the Authority will consider projects by the City of Maplewood. The Authority reserves the right b]propVse projects that are both consistent with the mutually established goals, needs and priorities 8ndvvithinitS statutory implementation authority. NO Municipality shall be required to propose a project. The Authority shall have final responsibility for selecting projects 8Odvvi|| distribute t0 the city such funds as are determined appropriate for the city to Use in innp|8nn8nUn0 S project. The Authority may innp|8nn8nL projects within the CiLynf Maplewood 8S are determined appropriate by the Authority. 3' TERM The term of this Agreement is for Federal Fiscal Years 2007 - 2009. The Agreement remains in effect until the CDBG and HOME funds and program income received with respect to activities carried out during the initial three year qualification period, and any successive qualification periods, are expended and the funded activities completed. Neither the Authority nor the City Vf Maplewood may terminate or withdraw from this Agreement during that period. This Agreement will be automatically renewed for participation in successive three year qualification periods, Vn|8SS the Authority or the City ofMaplewood provides written notice it elects not tO participate in8 new qualification period. By the date specified in HUD's urban county qualification notice for the next qualification period, the Authority will notify the city in vvhdnQ of its right not to participate. Both the Authority and the City of Maplewood are required tO adopt any amendment hJ this Agreement incorporating changes necessary h3 meet the requirements for cooperation agreements set forth in8n Urban County Qualification Notice applicable for 8 subsequent three year urban county qualification period. Failure to adopt the necessary amendment will void the automatic renewal for such qualification period. 4. MISCELLANEOUS PROVISIONS A. The {|OBG Act and CC)BG Regulations are incorporated herein bvreference. The HOME Act and HOME Regulations are incorporated herein bvreference. B. Nothing in this Agreement shall be construed to prevent or otherwise modify or abrogate the right of the Authority nr the City Vf Maplewood tV submit individual applications for discretionary funds in the event Ramsey County does not receive designation aSon Urban County entity under the C[}BGAct C. Nothing in this Agreement Sh8|| preclude the City OfMaplewood from establishing 8 Municipal Housing and Redevelopment Authority pursuant hJMinnesota Statutes Chapter 469. D. |n the event that there iS8 revision of the Act and/or Regulations, which would make this Aon88m8nL out ofcompliance with the Act, or RRgU|8Uons, both parties will review this Agreement to renegotiate those items necessary to bring the Agreement into compliance. E. The City 0fMaplewood Gh8|| indemnify, hold h8rnn|eSS, and defend the Authority, Ramsey County, their officials, agents, and employees against any and all liability, losses, costs, damages, expenses, claims Or actions, including attorney's fees, which the Authority, Ramsey County, their officials, agents, 0remployees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act Or omission Of the City Of Maplewood, its officials, agents Oremployees, in the execution, performance, Vr failure Lo adequately perform its obligations pursuant to this Agreement. F. The Authority shall indemnify, hold harmless and defend the City of Maplewood, its officials, agents, and employees against any and all liability, losses, Costs damages, expeng8g. C|ainnS or actions, including attorney's fees, which the city, its officials, 8gSDta. or employees may hereafter sustain, incur OrbS required to p8y8risin00Vt0forbvr88son[f8ny8{t or omission of the Authority, its officials, agents or employees, in the execution, performance, or failure b] adequately perform its obligations pursuant hJ this Agreement. G. Nothing in this Agreement Sh8|| cVnSdLVL8 a waiver by the Authority, Ramsey {|VVnty. or the City ofMaplewood of any statutory or common |8vv immunities, |inlitS. or exceptions on liability. H. The Authority and the City ofMaplewood shall maintain financial and other records and accounts in accordance with the requirements of the Act and Regulations. Such records and accounts will b8iD such form GShJ permit the Authority to prepare reguired reports and to permit the tracing 0f grant funds and program income k} final expenditure. |. The Authority and the City of Maplewood agree 0J make available all records and accounts with respect to matters covered by this Agreement at all reasonable times tV their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than six years from the date of completion of any activity funded under the Act or less than three years from the last receipt Ofprogram iDCOnle resulting from activity implementation. The Authority shall perform all audits of the basic grant amounts and resulting program income as required under the Act and Regulations. J. All projects Und8rtak8npUrSU8nLL0thiSAon8enn8nLGh8||beSVbi8[tL0h0rnerV|8 charter provisions, assessment, p|8nnin0, zOninQ, s8nitary, and building |8vvs. ordinances and regulations 8pp|iC8b|8 in the City ofMaplewood (in which the project is situated). K. The parties further agree that pursuant k]24CFR 570.501 (b). the Municipality is subject tOthe same requirements applicable b]SVbn]Cipients. including 8vvritten agreement GS set forth iD24CFR57O.5O3. L. By executing this Agreement the City of Maplewood understands that it: 1. may not apply for grants from appropriations under the Small Cities Or State CDBG Programs for fiscal years during the period in which it participates in the Authority's CDBG program; and 2. may participate in8 HOME Program only through the Authority. K Ramsey County does not receive a HOME formula allocation, the City of Maplewood may not form a HOME consortium with other units of general local government. M. Both the Authority and the City 0fMaplewood are obliged to take all actions necessary to assure compliance with Ramsey County's certification required by section 1O4(b)Of Title |Of the Housing and Community Development Act 0f1074. 8S amended, including Title V|of the Civil Rights /\ct0f1S84,thHF8irHoUSinQ Act, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable |8vvS. The Authority is prohibited from funding for activities, in or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction Vrthat i[np8d8S its actions tO comply with its fair housing certification. N. The City of Maplewood has adopted and iaenforcing: 1. 8 policy prohibiting the use nf excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. opolicy of enforcing applicable State and local laws against physically barring entrance to Or exit from 8 f8[j|itv or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. RAMSEY COUNTY HOUSING AND REDEVELOPMENT AUTHORITY PYLI������� David Twa Ramsey Countv Man er CITY OF MAPLEWOOD B3L- Its- Dated Dated APPROVED AS TO FORM Assistant Ramsey Counfu Affnrr This Document Drafted Bv Office of the Ramse i CountKAttorne St. Paul- Minnesota Agenda Item H3 MEMORANDUM TO: Richard FUrsDlGD. City Manager FROM: Sh8nn F|nvv8U,A|{}P. Planner SUBJECT: Grmber's Power Equipment LOCATION: 17S2 White Bear Avenue DATE: March 31,2OU0 The conditional use permit (CUP) for GnJbers Power Equipment is due for review. The city council issued the CUP to allow Gruber's to expand their exterior storage area at 17G2 White Bear Avenue. On October 27 the city council approved the following land use permits associated with the expansion CfGnJber's exterior storage area: 1\8 variance from the HiUcpest Village nnon]tVriUnn in order to 8UVvv Junior Achievement LV subdivide .258 acres of land from their property and sell itt0Grub8r'S Power Equipment; 2\ominor subdivision in order to subdivide the land; 3) a five-foot parking lot setback variance in order to allow the new |OL line LO be Cn88L9d next LO Junior Achievement's existing parking lot (zero setback); 4) a CUP for the expansion of Gruber's exterior storage area; and 5) site plan approval ofthe expanded exterior storage area. Due b3 the fact that Gruber's Power Equipment is located within the Hi||cr8StVi||ag9 redevelopment area where exterior storage is now prohibited, the city council approved the CUP on the condition that the exterior storage use cease within five years Of approval (October 2Y. 2008). Refer to the October 27, 2003, city council minutes attached (Attachment 4). On February 23, 2004, the city council rezoned and reguided the Hillcrest area, including GnJb9rs Power Equipment ot1702White Bear Avenue, from Business Commercial (BC) bJ Mixed Use /yW-U\. Gruber'S exterior storage then became 8pre-existing nonconforming use which can remain until the October 27, 2008, sunset date approved by the city council. {]n April 25.2005. the city council approved GnJb8r'8 CUP and requested review again in six months. DISCUSSION After several setbacks over the sale of the land from Junior Achievement to Gruber's, GnUbers Power Equipment finally closed onthe .258 acres Of land last fall. After Gruber's became the legal owner of the land the city was able to issue the building permit for the required ten-foot-high fence which would screen the expanded exterior storage area. GrUb8r'8 completed the construction of the fence this winter. Since construction Of the fence has been complete, GnJb8r's has moved all 0f their exterior storage from the front Of the property, along White Bear Avenue, into the fenced area. The remaining required exterior improvements include planting of10L8chny8rborvit8eS and 4 flowering crab trees around the north and east side of the new fence and striping the parking spaces in front Of the building. Matt Gruber states that this work iS scheduled tobecomplete this spring. |n addition, Mr. Gruber states that they are proposing exterior improvements to the building including adding windows and stucco. When the city council approved the rezoning of the Hillcrest neighborhood in 2004 from mainly Business Commercial (BC) zoning to Mixed Use (M-U), the exterior storage aspect [fGrUber'8business became a nonconforming use. Because Uf this, the city council approved the CUP for the expansion of the exterior storage on the condition that the CUP sunset iD October 2O0O. |fGrUb9r's wants t0 continue the exterior storage aspect Of their business 8t that time, the city council would have k] approve an amendment hJ the CUP hn extend the deadline. Mr. Gruber states that they d0 not have plans for relocating their business at this time but is aware of the sunset deadline, and if they are still doing business in this location in 2008 will evaluate the need for an 8nlend[n8Dt. RECOMMENDATION Staff recommends that the city council approve Gruber's Power Equipment's conditional use permit for exterior storage at 1762 White Bear Avenue and review it again in six months to ensure all remaining exterior improvements (landscaping and parking lot) are complete. poeo womuerapoworEquipmonuoonouupuovow Attachments: 1. Location Map 2. Site Plan a. Elevation 4. October 27, 2003, City Council Minutes PA Attachment 1 ��CCJE f � A Q, d CJ �J 2_4 CDL3 ��CCJE f � A Q, d !G 2tK Attachment 2 � � ox" INA M R4pPOS6.t "NCI!• "'Ir WrIv. / te 05xi a Attachment 3 T 0 X Q 4 - Q 6 2 J-- E 0 0- 0 LL MINUTES Attachment 4 MAPLEWOOD CITY COUNCIL 7:00 P.M., October 27, 2003 Council Chambers, Municipal Building Meeting No. 03 -26 2. Gruber's Power Equipment (1762 White Bear Avenue) a. Minor Subdivision b. Moratorium Variance c. Parking Lot Setback Variance d. Conditional Use Permit for Expansion of Exterior Storage a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. Matt Gruber, the applicant spoke in agreement of staff s proposal. d. Larry Griffith, representing Junior Achievement, spoke to the 5 -year parking lease. Councilmember Koppen moved to adopt the following resolution approving a variance from the Hillcrest Villaize moratorium for Gruber's Power Equipment and Junior Achievement. This variance allows Gruber's to subdivide .258 acres of land from 1800 White Bear Avenue (Junior Achievement) to combine with 1762 White Bear Avenue ( Gruber's) within the Hillcrest Village redevelopment area: RESOLUTION 03 -10 -207 HILLCREST VILLAGE MORATORIUM VARIANCE RESOLUTION WHEREAS, Gruber's Power Equipment and Junior Achievement have applied for a variance from the Hillcrest Village development and subdivision moratorium ordinance in order to subdivide .258 acres of land from Junior Achievement's property at 1800 White Bear Avenue to combine with Gruber's property at 1762 White Bear Avenue. The legal description for the .258 acres of land is: Parts of Lots 6, 9, and 10, Block 1, Meister's Highlands, According to the Recorded Plat thereof, Ramsey County, Minnesota. WHEREAS, Ordinance No. 834 of the city code establishes a development and subdivision moratorium for the Hillcrest area which includes land located north of Larpenteur Avenue, east of White Bear Avenue, south of Ripley Avenue, and west of Hazel Street, as well as properties on the west side of White Bear Avenue located north of Larpenteur Avenue and south of Frost Avenue. WHEREAS, Gruber's is proposing to expand their exterior storage area into the newly subdivided land. WHEREAS, the subdivision of land requires a variance from the moratorium ordinance. WHEREAS, the history of this variance is as follows: The city council held a public hearing on October 13, 2003. City staff published a notice City Council 10 -27 -03 in the Maplewood Review and sent notices to the surrounding property owners as required by law. The city council gave everyone at the hearing an opportunity to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. The city council tabled the request to allow city staff time to prepare conditions of approval. The city council held a second hearing on October 27, 2003. NOW, THEREFORE, BE IT RESOLVED that the city council approves the Hillcrest Village moratorium variance as described above. This variance is because: The city has no adopted timeline for the Hillcrest Village redevelopment plan at this time. 2. The city has no adopted land use and zoning for the Hillcrest Village redevelopment plat at this time. 3. Gruber's is a longstanding business within the city. 4. Gruber's acknowledges that the minor subdivision and subsequent use of the land for exterior storage is not compatible with the proposed land use and zoning, rather a necessity for their growing business at this time. 5. Improvements proposed with the minor subdivision and exterior storage expansion will include screening of all exterior storage, landscaping of the site, parking lot improvements, and loading and unloading access improvements. These will improve the aesthetics and safety of the site for Gruber's customers and the city as a whole. Seconded by Mayor Cardinal Ayes -All Councilmember Koppen moved to approve Gruber's Power Equipment's request for a minor subdivision in order to subdivide 258 acres of land from 1800 White Bear Avenue (Junior Achievement) to combine with 1762 White Bear Avenue. Approval is based on the following conditions: a. Deeds describing the two new legal descriptions must be drafted and submitted to city staff for approval prior to recording with the county. b. Access easement between Junior Achievement and Gruber's must be drafted and submitted to city staff for approval prior to recording with the county. The easement must legally describe the area and purpose of the easement, which will allow Gruber's access to their rear lot through two proposed accesses on the north and east side of their exterior storage area. Prior to issuance of a building permit for the fence around the exterior storage area, the applicants must submit proof of recording the deeds and easement with the county. The deeds and easements must be recorded within one year of the date of approval (October 27, 2004) or the minor subdivision will become null and void {city code requirement). d. Prior to issuance of a fence permit for the exterior storage area, the applicants must submit proof that Gruber's existing lot was combined with the newly created lot. Seconded by Mayor Cardinal Ayes -All City Council 10 -27 -03 Councilmember Koppen moved to adopt the following resolution approving a 5 -foot parking lot setback variance for Junior Achievement at 1800 White Bear Avenue. This variance is requested in order to allow Gruber's new lot line to be placed right up to Junior Achievement's parking lot, rather than the required 5 -foot setback. Approval is based on the following findings: PARKING LOT SETBACK VARIANCE RESOLUTION 03 -10 -208 WHEREAS, Junior Achievement applied for a 5 -foot parking lot setback variance. WHEREAS, this variance applies to 1800 White Bear Avenue. The legal description is: Meister's Highlands, Ramsey County, Minnesota, Subject to Easements and Vacated Van Dyke Street Accruing and Ex. N 201.4 Feet of the East 137 Feet and Vacated Van Dyke Street Adjacent Accruing the Following Tract: Lots 1 through 6 and 9 through 14, Block 1. WHEREAS, Section 44- 20 {c) {5) of the city's ordinances requires a parking lot to maintain a 5- foot setback from a side property line. WHEREAS, Junior Achievement proposes to subdivide 258 acres of land and sell it to the adjacent property, Gruber's Power Equipment at 1762 White Bear Avenue. WHEREAS, the new lot line will be placed right up to Junior Achievement's parking lot, rather than the required 5 -foot setback. WHEREAS, the history of this variance is as follows: On September 15, 2003, the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on October 13, 2003. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The city council gave everyone at the hearing an opportunity to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. The city council tabled the request to allow city staff time to prepare conditions of approval. 3. The city council held a second hearing on October 27, 2003. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described variance for the following reasons: I. The portion of Junior Achievement's parking lot requiring a 5 -foot setback variance will be leased and maintained by Gruber's, the adjacent property owner. 2. Gruber's lease of the parking lot will ensure safety for Gruber's customers and employees by allowing them adequate off - street parking. Seconded by Mayor Cardinal Ayes -All Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for exterior storage at Gruber's Power Equipment at 1762 White Bear Avenue. Approval City Council 10 -27 -03 is based on the following conditions: CONDITIONAL USE PERMIT RESOLUTION 03 -10 -209 WHEREAS, Gruber's Power Equipment applied for a conditional use permit for exterior storage for their business. WHEREAS, this permit applies to property located at 1762 White Bear Avenue, Maplewood, Minnesota. WHEREAS, the legal description is Lots 9 and 10, Block 1, Meister's Highlands. WHEREAS, the history of this conditional use permit is as follows: On September 15, 2003, the planning commission recommended that the city council approve this conditional use permit. 2. The city council held a public hearing on October 13, 2003. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The city council gave everyone at the hearing an opportunity to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. The city council tabled the request to allow city staff time to prepare conditions of approval. 3. The city council held a second hearing on October 27, 2003. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit based on the building and site plans. The city approved this permit because: The use would not depreciate property values. 2. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 3. 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. 4. The use would not create excessive additional costs for public facilities or services. 5. The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: a. This permit shall end on October 27, 2008. b. Proof of the existence of a parking lot lease agreement between Gruber's and Junior Achievement, or subsequent owners of 1800 White Bear Avenue, and yearly thereafter. The parking lot lease agreement language must be submitted to city staff prior to issuance of a fence permit and yearly thereafter, and must cover the following: 1) Junior Achievement allows Gruber's the use of 46 parking spaces within Junior Achievement's parking lot, adjacent Gruber's business. City Council 10 -27 -03 2) The parking lot lease agreement must be for at least five years. 3) Cancellation of the lease by Junior Achievement must allow Gruber's six months to cease the use of the 46 parking spaces. 4) Because Gruber's conditional use permit is directly tied to the use of the 46 above - mentioned parking spaces, Gruber's conditional use permit for exterior storage will become null and void in the event that they do not have a lease agreement for the use of the 46 parking spaces, unless alternative parking arrangements can be made, as approved by the city, or the city approves a special agreement with Gruber's to allow for reduced parking. All exterior storage must be screened by a 10- foot -high screening fence. d. There shall be no loading or unloading of tractors, equipment, or other inventory from White Bear Avenue. All loading and unloading must be accomplished on the north or east side of Gruber's exterior storage area, as allowed within the required access easement between Junior Achievement and Gruber's. There shall be no noise - making business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday as required by code. f All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. g. The conditional use permit shall be reviewed by the city council in one year. Seconded by Mayor Cardinal Ayes -All Councilmember Koppen moved to approve Gruber's site plan date sampled May 29, 2003, for the expansion of their exterior storage area at 1762 White Bear Avenue. Approval is based on the following conditions: a. Provide the following for city staff approval before the city issues a grading or fence permit: 1) A revised grading, drainage and erosion control plan which addresses all conditions as specified in the Maplewood Engineering Department's June 27, 2003, engineering review. 2) A revised site plan showing the following: a) Entire site plan should show Gruber's lot, as well as the area of Junior Achievement's lot held under lease by Gruber's. b) Striping of parking spaces on the front parking lot (west side of the building). Parking must comply with city code and Americans with City Council 10 -27 -03 Disabilities Act requirements. Striping of parking spaces is to be completed by June 1, 2004. 3) Revised fence elevations showing the following: a) No portion of the fence will exceed 10 feet in height. b) A green painted stripe on the top portion of the fence, to match the existing green strip on the building. 4) A revised landscape plan that shows the 12 proposed amur maples replaced with 12 alternative ornamental trees to be approved by city staff. 5) Prepare a landscaping maintenance easement agreement that explains the duties and responsibilities for the care and, if necessary, the replacement of the landscaping that is for the Grubers site that is on the Junior Achievement property. The applicant shall record this agreement with Ramsey County. 6) A photometrics plan must be submitted to the city for any new outdoor lighting. Freestanding lights shall not exceed 25 feet in height and light illumination from outdoor lights must not exceed A -foot candles at all property lines. 7) Dumpster must be stored behind 10 -foot -high screening fence at all times. 8) A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of all required exterior work and must be submitted prior to issuance of a grading or fence permit. b. All exterior improvements must be complete by June 1, 2004. C. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Mayor Cardinal Ayes -All City Council 10 -27 -03 Agenda Item 114 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: April 4, 2006 RE: Temporary Gambling Introduction An application has been submitted for temporary gambling on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. This is for their annual Parish Festival. The event will be held on May 6, 2006 from 11 :00 a.m. to 11 :00 p.m. and May 7, 2006 from 11 :00 a.m. to 6 :00 p.m. Funds raised will be used for general operation expenditures. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation Approve the above resolution for temporary gambling. Agenda Item H5 To: City Manager Richard Fursman From: Chief of Police David Thornalla Subject: Donation to D.A.R.E. Program D. April 4, 2006 Introduction The Maplewood Police Department has received a donation to its D.A.R.E. Program, and City Council approval is required before the donation may be accepted. For the past several years, the Maplewood Police Department has presented the D.A.R.E. Program to Maplewood elementary schools. This year, at its D.A.R.E. graduation ceremony on March 24, the students at Presentation School donated a $100 gift card to the D.A.R.E. Program. This $100 will be used to purchase supplies for the D.A.R.E. Program. City Council approval is required before this donation may be accepted. It is recommended that approval be given to accept this donation. Action Required Submit to City Council for review and approval. DJT:js N x9l: 10 1 BYTAI W I affl :4 9 To: City Manager Richard Fursman From: Chief of Police David Thornalla Subject: Donation to Landfall Cops 'N Kids Fishing Clinic Date: April 4, 2006 IMMOTaff= The Maplewood Police Department has received a donation for the Landfall Cops 'N Kids Fishing Clinic, and City Council approval is required before the donation may be accepted. I ing For the past several years, the Maplewood Police Department has held a one-day fishing clinic for children in the City of Landfall, allowing them to interact with officers in a positive way. They are able to fish, have lunch, and receive prizes at the end of the event. This event is typically held in early June each year. To show its support, Saturn of St. Paul has donated $200 to be used to purchase supplies for this event. City Council approval is required before this donation may be accepted. Recommendation It is recommended that approval be given to accept this donation. Action Required Submit to City Council for review and approval. Agenda Item H7 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: April 4, 2006 RE: Council Meeting at Carver Elementary The June 12, 2006 council meeting will be held at Carver School ocated at 2680 Upper Afton Road. The meeting will be at the regularly scheduled time at 7:00 p.m. and will be held in the school gym. IT Director Fowlds has made initial contact with Tom Anderson, Engineering Supervisor, at GTN to make initial arrangements for broadcasting live and having the meeting recorded. Staff will be putting information about the meeting on the city website and on the GTN cable scroll on May 1, 2006. The May and June editions of the City News will be delivered to households before the meeting and staff will prominently advertise the meeting in the City News. More information will be relayed to council as it is firmed up. Agenda Item H8 TO: City Manager FROM: Assistant City Manager SUBJECT: Release of Master Development Agreement: Legacy Village DATE: April 5, 2006 INFORMATION Legacy Holdings, the Hartford Group, iS requesting approval from the city council b3d0two things; the first is a request for release of Hartford as Master Developer for the Kennard Professional Building East. This will a||Ovv Hartford t0 oe|| the property and transfer the requirements of the development agreement to Kennard Professional Building East, LLC. The second request iohJ approve the Special /\3SeSSnnRntAore8m8nL. This agreement guarantees that the assessments levied against this parcel pursuant to the development agreement are paid. This allows Hartford Lo close Dn the sale [f the property but keeps funds in escrow for the as8e8Snlenba that are to be paid at the time 8 building permit is issued. DISCUSSION These agreements have been drafted and reviewed by our bond counsel, Briggs and Morgan. They have worked with city staff on all the legal documents and find this agreement to be acceptable and believe it protects the city's investment and assures that the necessary assessments will bepaid. This is the fifth release agreement the city has processed 8srequired by the overall development agreement. Once again, this is required but standard procedure to 8||nvv Hartford tV transfer property. RECOMMENDATIONS Staff recommends approval of the fO|k3vvDg: A. Release Cf Obligations under the Master Development Agreement (Attachment 1). B. The Special Assessments Escrow Agreement (Attachment 2\. These approvals allow Hartford t0 close 0D the property. They also require the outstanding assessments on improvements are paid @t the time of building permit issuance or on November 1.20UO. whichever comes first. p:eeo3\leoacy release Kennard Professional -20U6 Attachments: 1. Release of Obligations under the Master Development Agreement 2. Special Assessments Escrow Agreement Attachment 1 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RELEASE OF OBLIGATIONS UNDER MASTER DEVELOPMENT AGREEMENT KENNARD PROFESSIONAL BUILDING EAST, LLC L Recital. 1.1 The Effective Date of this Agreement is , 2006. 1.2 The Parties to this Agreement are City of Maplewood, Minnesota, a Minnesota statutory city ( "City "), Legacy Holdings -MW LLC, a Minnesota limited liability company ( "Master Developer ") and Kennard Professional Building East, LLC, a Minnesota limited liability company ( "Successor Developer "). 1.3 City and Master Developer are parties to a Master Development Agreement with an effective date of September 8, 2003, recorded November 21, 2003 as Document No. 3704070 in the Office of the Ramsey County Recorder and recorded November 21, 2003 as Document No. 1791278 in the Office of the Ramsey County Registrar of Titles, as amended by First Amendment to Development Agreement with an effective date of February 9, 2004 and as amended by a Second Amendment to Development Agreement with an effective date of April 26, 2005 ( "Master Development Agreement "). 1.4 Various real estate parcels are subject to the Master Development Agreement and Successor Developer has entered into an Agreement with Master Developer to purchase one of the parcels subject to the Master Development Agreement for the purpose of developing a corporate /commercial facility (the "Kennard East Development "). Such parcel is referred to as the western part of "Phase 7 — Outlot G" in the Master Development Agreement but is now legally described as: That part of Lot 2, Block 2, LEGACY VILLAGE OF MAPLEWOOD, according to the recorded plat thereof, lying easterly of a line described as follows: Commencing at the northeast corner of said Lot 2; thence South 89 degrees 46 minutes 12 seconds West, along north line of said Lot 2, a distance of 594.65 feet to the beginning of the line to be described; thence South 0 degrees 14 minutes 51 seconds East a distance of 357.70 feet to the south line of said Lot 2, and said line there terminating. 1.5 In connection with the acquisition of the Subject Parcel, Successor Developer has requested that the Subject Parcel and the Successor Developer be released from the terms and conditions of the Master Developer Agreement pursuant to Section 9.2(c) of the Master Development Agreement and Master Developer has requested to be released from the terms and conditions of the Master Development Agreement as to the Subject Parcel pursuant to Section 9.3 of the Master Development Agreement. 17s77s6N 717!05 1.6 The proposed Kennard East Development is consistent with the current approved use for the Subject Parcel, on that basis, City is willing to release both the Successor Developer and Master Developer from the terms and conditions of the Master Development Agreement subject to Master Developer's acknowledgement of its obligations under Section 6.2 of the Master Development Agreement to pay a part of the special assessments attributable to the Subject Parcel as set forth on Exhibit F to the Master Development Agreement and its continuing obligations as to other parcels that remain subject to the Master Development Agreement. THEREFORE, IT IS AGREED AS FOLLOWS: II. Agreement. 2.1 Given Successor Developer's proposed Kennard East Development as set forth above, City agrees that: (a) The Subject Parcel is released from the Master Development Agreement and therefore the Master Development Agreement no longer encumbers the Subject Parcel. (b) Successor Developer has no liability or obligations under the Master Development Agreement; provided however, this Agreement does not release the Successor Developer from its obligations to timely pay City fees and charges due in the ordinary course of development and building construction. 2.2 Successor Developer will commence and complete the Kennard East Development as approved by the City. 2.3 From and after the effective date set forth above, Master Developer is released from its obligations under the Master Development Agreement as to the Subject Parcel subject to the following: (a) Master Developer will comply with the terms of Section 6.2 of the Master Development Agreement in connection with the payment of special assessments attributable to the Subject Parcel; and (b) Master Developer remains liable under the Master Development Agreement as to all other parcels subject to the Master Development Agreement that are not released hereby or previously released. This document drafted by: Briggs and Morgan, P.A. (DJC) W2200 First National Bank Bldg. 332 Minnesota Street St. Paul, MN 55101 (Remainder of Page Intentionally Left Blank) 17s77s6N 717!05 Dated: 1 2006 CITY OF MAPLEWOOD, MINNESOTA, a Minnesota statutory city. By:_ Its: By:_ Its: STATE OF MINNESOTA COUNTY OF RAMSEY } ss The foregoing instrument was acknowledged before me this day of 2006, by the and , the of the City of Maplewood, Minnesota on behalf of said City. Notary Public [Separate Signature Page to Release of Obligations tinder Master Development Agreement] Dated: , 2006 MASTER DEVELOPER: LEGACY HOLDINGS -MW LLC, a Minnesota limited liability company By: Keith Gruebele Its: Chief Financial Manager STATE OF MINNESOTA } ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2006, by Keith Gruebele, the Chief Financial Manager of Legacy Holdings -MW LLC, a Minnesota limited liability company on behalf of said limited liability company. Notary Public [Separate Signature Page to Release of Obligations tinder Master Development Agreement] Dated: -2006 SUCCESSOR DEVELOPER: KENNARD PROFESSIONAL BUILDING EAST, LLC, a Minnesota limited liability company By: Richard H. Zehring Its: Chief Manager /President STATE OF ) } ss COUNTY OF } The foregoing instrument was acknowledged before me this day of , 2006, by Richard H. Zehring, the Chief Manger /President of Kennard Professional Building East, LLC, a Minnesota limited liability company, on behalf of said limited liability company_ Notary Public [Separate Signature Page to Release of Obligations tinder Master Developinent Agreeinent] Attachment 2 SPECIAL ASSESSMENTS ESCROW AGREEMENT THIS SPECIAL ASSESSMENTS ESCROW AGREEMENT ( "Agreement ") is made and entered into this day of , 2006, by and between LEGACY HOLDINGS -MW, LLC, a Minnesota limited liability company ( "Legacy "); FIRST AMERICAN TITLE INSURANCE COMPANY, a corporation ( "Title "); KENNARD PROFESSIONAL BUILDING EAST, LLC, a Minnesota limited liability company ( "Kennard East ") and CITY OF MAPLEWOOD, MINNESOTA, a Minnesota statutory city ( "City "). RECITALS A. Legacy Holdings -MW, LLC, ( "Legacy ") and the City entered into the Development Agreement relating to the Legacy Village Project, City of Maplewood, Minnesota effective September 8, 2003, as amended ( "Development Agreement'). B. Outlot G ( "Corporate Commercial Facilities ") described on Exhibit F of the Development Agreement has subsequently been platted as Lot 2, dock 2, Legacy Village of Maplewood, Ramsey County, Minnesota. ( "Lot 2 "). C. Lot 2 has been divided into two separate lots, one of which is legally described as: That part of Lot 2, Block 2, LEGACY VILLAGE OF MAPLEWOOD, according to the recorded plat thereof, lying easterly of a line described as follows: Commencing at the northeast corner of said Lot 2; thence South 89 degrees 46 minutes 12 seconds West, along north line of said Lot 2, a distance of 594.65 feet to the beginning of the line to be described; thence South 0 degrees 14 minutes 51 seconds East a distance of 357.70 feet to the south line of said Lot 2, and said line there terminating. Ramsey County PIN 403.29.22.11.0029 (the "Property ") D. Legacy and Kennard East entered into a Purchase Agreement effective December 5, 2005, for the sale of the Property by Legacy to Kennard East. E. Legacy has conveyed the Property to Kennard East. F. There has been a total of $266,973.76 in assessments levied against the Property pursuant to the Development Agreement. Currently the principal balance of the assessments levied against the Property is $244,098.61. Interest payable for tax year 2006 on the principal balance of the assessments levied against the Property is $12,864.93, for a total assessment payoff of $256,963.54. There are no pending or deferred assessments against the Property. G. Section 62(e) of the Development Agreement provides that the City will pay $179,977.69 (67.414 %) of the $266,973.76 in total assessments levied against the 17s77s6N - 2 7/7/05 Property at such time as the requirements of Section 62(e) of the Development Agreement have been fulfilled. As to the building permit requirements, Kennard East anticipates that such building permits will be issued within one hundred eighty (180) days of the date of this Agreement. H. Legacy's responsibility of the current balance of the assessments levied against the Property is $76,985.85. I. Legacy and Kennard East are desirous of consummating the sale and purchase at this time, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and the terms and conditions hereinafter set forth, Legacy, Kennard East, the City and Title agree as follows: 1. Concurrent with the execution of this Agreement, Legacy has deposited in escrow with Title $76,985.85 (the sum of the amount recited in Recital H), the receipt of which is hereby acknowledged by Title, to be used to pay assessments as levied as set forth in Recitals G and H above. 2. Title agrees to hold the $76,985.85 until it receives written notice from the City and Kennard East that the terms of Section 6.2(e) of the Development Agreement have been fulfilled, at which time the City shall deliver to Title $179,977.69. Title will then hold a total of $256,963.54. Legacy and Kennard East agree that the City's obligation to pay special assessments under this Agreement shall be a maximum of $179,977.69. 3. At such time as the terms of Section 62(e) of the Development Agreement have been fulfilled Title shall immediately disburse to the Ramsey County Finance Department from the escrowed funds the amount necessary to pay in full the assessments for the Property. Any excess escrowed funds remaining after payment to Ramsey County plus any accrued interest shall be disbursed to Legacy at 1300 Wells Fargo Plaza, 7900 Xerxes Avenue South, Bloomington, MN 55431, Attn. Frank A. Janes, General Counsel. 4. If the terms of Section 6.2(e) of the Development Agreement have not been fulfilled by November 1, 2006, Title will disburse the escrow funds to the City and the City will cause the special assessments against the Property to be paid in full. If for any reason, the payoff of the special assessments is more than the sum of the Escrowed Funds and the amount the City is required to pay under Section 2 hereof, then upon written request from the City to Kennard East, any additional funds needed will be immediately paid by Kennard East to the City so that the City can pay such special assessments. To the extent that payments are not promptly made, that is within 10 business days of the request, the City will have the right to deduct any such amount from the amount it owes to Legacy pursuant to the provisions of the Tax Abatement Note issued under the Development Agreement and use funds to pay the special assessments. Kennard East agrees to indemnify Legacy for any costs incurred by Legacy for any action taken by the City pursuant to the above paragraph. 5. The City is executing this Agreement for the following purposes only 17s77s6N - 2 7/7/05 (a) to affirm that, subject to the terms of the Development Agreement, it has no interest in the $76,985.85; (b) to affirm that Section 6.2(e) of the Development Agreement, as amended, is in full force and effect as to the Property; (c) to affirm that Legacy is not in default under the Development Agreement as to the Property; (d) to affirm its obligations under Section 62(e) of the Development Agreement as to the Property. 6. This Agreement shall terminate upon the release of the $76,985.85 pursuant to Section 2 herein and the performance by the City under Section 6.2(e) of the Development Agreement. 7. Title's escrow service fee is $ receipt of which is hereby acknowledged. Legacy shall be responsible for this fee. 8. The acceptance by Title of its duties under this Agreement is subject to the following terms and conditions, which all parties to this Agreement hereby agree shall govern and control with respect to the rights, duties, liabilities and immunities of Title. (a) Title is not a party to and is not bound by, any agreement which may be evidenced by or arise out of the foregoing escrow instructions, other than expressly therein set forth. (b) Title shall be protected in acting upon any written notice, request, waiver, consent, receipt or other paper or document which Title in good faith believes to be genuine and what it purports to be. (c) Title shall not be liable for any error of judgment, or for any act done or step taken or admitted by it in good faith, or for any mistake of fact or law, or for anything for which it may do or refrain from doing in connection therewith, except its own misconduct. Legacy and Kennard East shall indemnify and agree to pay Title for any claims or expenses arising out of this Agreement, including court costs and reasonable attorneys' fees. 9. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. 10. This Agreement shall be governed by the laws of the State of Minnesota. 11. No rescission of this Agreement or modification of its terms shall be effective without the written consent of the undersigned parties. 17s7796N - 2 7/7/05 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LEGACY HOLDINGS -MW, LLC KENNARD PROFESSIONAL BUILDING EAST, a Minnesota limited liability company LLC a Minnesota limited Liability company : Keith Gruebele Its: Chief Financial Manager FIRST AMERICAN TITLE INSURANCE COMPANY, a corporation ma Its: CITY OF MAPLEWOOD, MINNESOTA a Minnesota statutory city MM Its: am Its: in Its: 17s7796N - 2 7/7/05 Agenda Item K1 TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Conditional Use Permit Review — Comfort Bus LOCATION: 1870 Rice Street North DATE: March 30, 2006 INTRODUCTION The conditional use permit (CUP) for a bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street North is due for review. On January 22, 2001, the city council approved the CUP for Comfort Buses repair garage. The council has done four annual CUP reviews and at the last one, on February 14, 2005, they moved to review it again in one year. On December 12, 2005, the council moved to "accept the report of the city's traffic consultant on the Roselawn-Jackson area traffic issues, directed the community development director to conduct a review of the CUP for Comfort Bus as provided by the city code, direct a letter to SPRWS requesting assistance with routing of their truck traffic to their Rice Street facility and restrict parking as recommended by the traffic engineer at the Roselawn-Jackson intersection." The council also directed staff to arrange a neighborhood meeting for all involved parties to continue working on resolving the traffic concerns. DISCUSSION On February 8, 2006, staff held a neighborhood meeting at the St. Paul Regional Water Services (SPRWS) campus on Rice Street. This meeting was attended by approximately 18 residents, John Blackstone of SPRWS, city staff, Council Person Rossbach, Tom Sohrweide of SEH and representatives of Comfort Bus, Schroeder Milk and the Roseville School District. A decision was made for all parties to continue to monitor this matter and take steps to lessen traffic along Roselawn Avenue Staff will continue to monitor the traffic matter. We are hopeful, with cooperation from all parties, that the traffic concerns will be resolved. The applicant has completed the bus shop/dispatch building and work is continuing on the office building. Because the applicant has not yet finished the building construction and site work, the city should review this CUP again in one year. RECOMMENDATION Review the conditional use permit for the bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street again in one year. MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Conditional Use Permit Review — Comfort Bus LOCATION: 1870 Rice Street North DATE: March 30, 2006 Request The conditional use permit (CUP) for a bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street North is due for review. Recent Council Action On March 13, 2006, this item was scheduled for review before the city council. Due to the snow storm that day, the owner of Comfort Bus, Mr. Lee Rossow, was not able to attend. The council discussed this issue briefly and rescheduled it for review again on March 27. It was later rescheduled to April 10, since Mr. Rossow would be out of town until then. At the March 13 meeting the city council directed staff to: • Listen to the council tape of the original CUP approval of Comfort Bus. The council wanted staff to determine if Comfort Bus was limited to a specific number of busses that they could have at their facility. • From the original tape, determine whether there was a restriction about right turns from the site onto Roselawn Avenue. • Ask Mr. Rossow how many buses he currently has on site. Staff follow-up In response to the three directives from March 13, staff found the following: • Assistant City Manager, Melinda Coleman, listened to the tape from the January 22, 2001, city council meeting at which they approved the CUP. There were no conditions or discussion about limiting busses on Roselawn Avenue. • There was discussion about the number of busses and a brief discussion about restricting right turns onto Roselawn Avenue, but the council did not make it a condition. • Staff asked Mr. Rossow how many busses he currently has on site. He said he has 155 presently and had 120 in 2001 when he requested the CUP. For further input, Staff asked Dan Solar, the County Traffic Engineer, for his opinion regarding the city possibly adding restrictions 0l the use of Rose|awnAveDUe by Comfort Bus. Mr. Solar stated that Roselawn Avenue is no longer within county jurisdiction, but he had the following 000SDlS: • If the Comfort Bus driveway at Roselawn was closed or if the city prohibited right turns onto FlOse|@vvn Avenue, east-bound bus traffic on Rose|@vvn would sd|| occur. Busses would simply exit the site onto Rice Street and then turn right onto R0S8|8vvOAvenue. • To fully restrict bus use on RUSe|8xvD Avenue would be GO issue between the City of Maplewood and Comfort Bus through city restrictions. Mr. Solar has nO comment about this, except for @ C@ub0D to the city for possibly vi0|8UDg city obligations after receiving state-aid funding for R0GS|@vvOAvenue. '"UP Actions January 22.2OO1: The city council approved the CUP for the CODlb]rt Bus repair garage. The CUP was subject 8] the following conditions: 1. All C0DSt[u{ti0O Sh@|| follow the site p|8O approved by the city. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. J. The city council shall review this permit iD one year. 4. The applicant shall comply with the Minnesota Pollution Control Agency requirements as they relate to all applicable aspects Ofthis vehicle repair operation. August 14,2OO1: The community design review board (CDRB) approved plans for Comfort Bus. February 11 February 24 February S,2O04 and February 14.20O5: The city council reviewed this permit and moved to review itagain in one year. Traffic Study {]D December 12 Tom 8Oh[wSide,@ traffic engineer with Short, Elliot and Hendrickson, Inc., presented @ traffic study to the City council regarding the bus traffic on Rose|@vvn Avenue. The council had ordered this study due tD complaints from residents about the amount Ofbus traffic because 0fComfort Buses operations. At that meeting, the council moved to "accept the report of the city's traffic consultant on the ROSS|@vvD-J8CkS0D area traffic iSSUSS, directed the community development director t0 conduct review of the CUP for Comfort Bus as provided by the city code, direct a letter to SPRWS requesting 8SSiSt8OC8 with routing Of their truck traffic to their F7iC8 Street facility and r8Sth[d parking 8S recommended by the traffic engineer 8t the RDS8|8xvD-J@CkS0DiDt8[S8Cti0D." The council also directed staff to arrange a neighborhood meeting for all involved parties to continue working on [SS0|viDg the traffic concerns. Cade Requirement Section 44-1100(a) of the zoning code states that CUPs shall be reviewed periodically by the city DOuOCii The council may specify an indefinite term for a subsequent review or a specific term not to exceed five years. DISCUSSION [}O February 8 staff held 8neighborhood meeting @t the St. Paul Regional Water Services (8PRVVS) campus on Rice Street. This meeting was attended by approximately 18 residents, John Blackstone OfSPRVVS. city staff, Council Person R0SSb@uh, Tom SOhnwHid8 0fSEH and representatives Comfort Bus, Schroeder Milk and the Roseville School District. The concerns/requests that were expressed bv residents were: • Reroute busses to other streets and/or have returning busses use other streets. • The bus exhaust iSsmelly. Are emission regulations being met? • The busses increase road damage and shorten life span. • Can load limits beapplied? • Bus drivers sometimes speed. • SPFWS trucks cause occasional late night noise. • SPRWS trucks don't always avoid the residential sections of Roselawn. • Wasn't the CUP to only allow VpUJ45busses? (one resident asked) • Who should receive complaints? These points were di3CUSS8d and addressed by K8[ ROSSOvvand his safety director, Mr. Jan \/@ndenw8U Roseville School District office, Mr. Ernie Schroeder, OfSchroeder K8i|h Mr. Blackstone and staff. Reroute Busses K8[ ROSS0vv explained the schedules that they must keep. He said he would d0 what h8 could to restrict bus traffic in evenings and weekends from RVse|@vvn. He also said that he can make 8 policy that [HtUDliOg bUSSSG USH 8|t8Ol8tH routes other than ROSH|@vvD. Bus Exhaust Mr. ROSSOvvexplained that their bUSS8S are designed to meet federal standards. There is no continual testing as there had been in Minnesota. Mr. AN explained about a recent temperature inversion the twin cities experienced. Vehicle exhaust was simply "|OCkGd''iD place and not dispersed bywinds. Such cases increase air quality problems. The bottom line i8 that winds most often disperse fumes, but these cannot be controlled other than by lessening the bus traffic. Increased Road Damage Mr. Ah| explained that large vehicles like busses and trucks d0 cause more wear and tear 0D roads than automobiles. He further explained, though, that @ much greater cause Ofroad damage is @ winter like this one. This winter, with the long dVn3dOn of freeze and thaw cycles, roadway surfaces have been severely broken throughout the city, not just on Roselawn Avenue. Mr. AN also explained the city's street maintenance program and noted that Roselawn will be continually repaired each year as needed. Mr. AN expressed his opinion that Roselawn is not experiencing any extensive damage that is not normal for collector streets. The road design was such that Roselawn should last at least another 20+ years before anything major is required. Load Limits Mr. AN explained that we cannot apply load limits to Roselawn Avenue. This is due to the use of State Aid Funds by Ramsey County in the construction process. As a collector route, Roselawn Avenue is eligible for these funds. In accepting these funds, it is agreed that load limits cannot be applied unless a finding of extensive damage is occurring. That has not been found. The city accepted Roselawn Avenue as a turn -back from the county and must abide by the terms or pay back the $1.0+ million in funds used for the construction. Speeders Mr. Rossow said that he would take disciplinary action if his drivers are speeding. He asked residents to try to get bus numbers and to call him if they spot busses going faster than the speed limit. SPRWS Evenina Activities One resident stated that water utility trucks were clanking tail gates at 1 a.m. recently. This resident did say, however, that it was an isolated occurrence and not a typical problem. Mr. Blackstone said that there would not be middle -of- the -night activity unless there was a main break requiring attention. It was agreed that this was not a serious matter. Mr. Blackstone said that residents could call him directly if there were recurring problems. SPRWS Trucks Mr. Blackstone said that he would direct drivers to make every attempt to go west on Roselawn and not past homes as often as they can. There will be times that they need to turn east depending on urgencies and needs. Number of Busses Allowed by CUP Staff checked the original application materials for Comfort Bus. There was not any mention by the applicant or noted in the staff report that the maximum number of busses proposed or required would be 45, as believed by one resident. Mr. Vanderwall, of Roseville School District, noted that Roselawn Avenue had 22 busses normally scheduled before Comfort Bus relocated, due to the extent and location of area schools and the number of area residents. The road will never be bus free due to the existing conditions. Who to Call? It was made clear that residents should call and report problems that occur. Mr. Rossow told residents not to hesitate to call himself, his safety directors or his dispatchers if there are complaints. Other numbers given to the residents were those for Ernie Schroeder, Tom Ekstrand, John Blackstone and Jan Vanderwall should their attention be needed on a future matter. What Next? Council Person ROSSb@ch explained that this issue will C8k8 time to r8SD|we. It was b3[hfC that S0 many Cf the local businesses which operate large vehicles were present k] talk to the residents. This shows great cooperation and @vviSh to FSS0|v8 the traffic concerns. K8[ RO9Sb@Ch said the city will continue k] monitor this issue. Mr. /\h| noted that staff has been authorized t0continue monitoring Roselawn Avenue and will do a follow-up study in the spring to see if issues have improved. Recent Calls Received Since the meeting On February 8. staff received one complaint from Bill McCOskev stating that the traffic has not lessened along ROsekavvn Avenue. | informed Mr. ROsSDvvOfthis. Mr. Rossow also sent a letter to staff indicating the steps he is taking to try to reduce the bus- traffic from Hose|avvn Avenue. Refer to the attachments. Staff also received @ telephone message from Ms. Jeanette Weldon, 8ROSe|@xvDAvenue resident, who said that there has always been 8 lot Of traffic along RDs8|8vvn and she does not feel that Comfort Bus has added much additional traffic. She doesn't have any complaints regarding Comfort Bus and wanted to pass that along. Refer to the attachment. Staff will continue to monitor the traffic matter. Weare hopeful, with cooperation from all parties, that the traffic concerns will be resolved. The applicant has completed the bus shop/dispatch building and work is continuing on the office building. Because the applicant has not yet finished the building construction and site work, the city should review this CUP again in one year. RECOMMENDATION Review the conditional use permit for the bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street again in one year. p:secl8\comfort bus 2O0O cup review 3 Attachments: 1. Site Plan 2. Looahon/ZbnngMap 3. Letter from Lao RnasowdaV*d February 23, 2006 4. Mr. Roaoovv'o notice to his drivers 5. February 13.2OO8 The Transmission newsletter 0. February 27.2O80 The Transmission newsletter 7. Print out ofa telephone message from Jeanette Weldon dated March 30.20OS Attachment ] ,ell N I %Ianlewood, February 23, 2000 Senior Plw-xer, City (if)*Iaplcwood Planning Division 1830 East County Road B Maplewood, NIN SS109 This letter is a follow up, to keep vou updated on our attempts at el;rnirtating some school bus traffic from Roselawn Avenue. Thank You for the opportunity to convey our point and ideas to the Roselawn Avenue neighbors at the meeting on February 7, 2006 at the St. Paul Water Utility's plant, Being able to listen dircctly t our neighbor's concerns and especially being able to answer a few of their questiors was helpful to us. We understand the problems being faced by our neighbors along Roselawn Avenue and are trying to help. trying Wu are plaiuung on conrinuine, this carripaign and monitor the results in the hope that a poslt,ivc impact will be felt during the coming months. I will k,;ep you posted on our attemots. SmQcrely fffig� Centerline Charter Corp. I 870 R3cc Street, Maplewood, MN S51 1 2 I I Be Drive less titan 29 MPH on Roselawn Avenue. F-lease use an alternate route between the Late returning charters r i requested o COMPLETELY + Rose la ` I Fct­ 1-3, 2"-,0 r Attachiiient 5 Voluiric 9 lz5suc 1 2 n o WEATHER VVATCHI AveraiL Ht _;h 24 1,0W 6 R4ecords I H 54 18 Lo -32 1838 "'o, a P, F I s e, C JT Ii 7 Sunset 17.39 ovum uKuly, you lunow UIC trend of the modern w ork! and de ny' "Apologias have fallen out of fashion", accordirg to Karen Wormalk, a freelance business writer from Virginia, and she continues. 'To admit a mistake is a sign of weak- ness .. W_- li in a world where pride, srupidi*y, greed - name any negative trait- are all considered valid excoises for not apologizing" Ru�,mtsqes are oflea silent, where a simple -apology would have been in order. Lawsuits, or the fear of s can be one of the factors prev,-rit busi- ricsses from issuing public apologies. 'he death of the apology, or at least the sincere apology, girt�tches thruu2hout our soc ety. Front !op to bolkirco- de- nial, or outright lies, cove l the u and compheaces our lives. Many believe c hat Mar- tha Stewart could ha%C Ijonen off with a slap OP the wrist (a fine), if she had simply apolo- gr/ed tor actinp, on an Inside i_nncd Air cons- judged and aGruvcd UP dLH- unz the 2014 Christmas rush. Thcv neglected to issue a pub- Its apology afitn having 'de- layed or cancelled hundreds of Mon(Lay, Fcbr,�_ry 13, 2G`6 V'ohirroc 9 lssutf 1_ states that "deny .t to the death" Is revvT a snluunn. We my have gotten far into the proble but its not too late to make a few changes. If COrrQC1ly aCC1JStci Of VoTC,rig- doings, apoltkeke! Remember, it takes a bigger person to apnloelzo, than "wimpino nu and denying the whole thing "I am truly sor-Y will ge you ?nether in soculter person's eyes, than a "What? It wasn't me. I didn't do "nciliing" The blame game nt . ten sur- faces after rrailk accidents. Evcri though there may have been several witnesses to art accident, and they all a.-Tee on die acc J%:I:Ids (which is rare) , You vIill most often find dental from the gailty parr/ 1 I didn't hit !bat parkett car with my school bus". Yet, the obvious paint transfer be- twccn LhQ vehicles prove ULwr- wi Is it worth denying at this pomf! NO, not really' 1 best ,a pmon can do m such a saua- tion is to Stay culn-, and not place any blame at this time. The "blame" will be assigned lager by ricutial InvCNI"gat"011 and based on the facts. We, as school bus drivers, are always reminded to NOT ADMIT ferule at an accident scene, yet tints' does not ire- cludc from admiring your fault in front of our safety Liaff, when they try to ov the IdUS, Al 7111.1 1171t: It is U11PUr '.ant to realize "when to hold I em, and txhcri to iold 'cm­. Cc to deny 1 obt ous will only It to stnctcr hreatatiom in your job sinua­ tion (i,c. inability to earn in- cc.-nivc for act cxendcd 11nc, rout:: teassignmonts, etc). I obvious -casore, Centcroiie'-, safet} manag(rrs are becoming experts In JLCid.n-c-fac;t- "inding. Atiemptmg, to nick the facts will only IC36 them 10 die dccper, eventually findiru the gruesorrit_- facts all out their Own, c4ewtnt� a fcclin- of (its trust around you. Is that wwrth )t) Humans have becorne gnod at misstating events of sup- pressin- the truth as an a) n4qvc to IcAnt- [h-, crutli May not akvays be jyiTi Yut it Isn't telbm% time ia.rll cttlic.-. I ' 'nforwnalcl) (­, -o dy u*� this "rechniquc" in ort: fo-ol a i, - Presidcut .)r another, tr, n the t . to the child_ Our only defense is icl:mg the rnuih. 4%I*1­.ou1 "beudint it. It w ll retake. you stand out, not as a t but as it bQhevabir and tiustv-cidiv pz:rson. Try, it wo:­ksl. a 3, 2C'06 VO 9 L 12 41t American teenager was in the hospital recovering froth serious head wounds reeeivedf-m ws oncoming train. When asked how by recei the injuries, the taJ told police Mat he was simply tryirt try _see how cta.ve he could tr be/ore lie *as hit. MM AttachflierA 6 Nlcmdfrv, 2 2 , 006 Voluille '/ Issuc 1.3 In this Isstie. It, N — Do NOT - K.11 d0in - Ft _- Ls_ ENWIF 6=1 - Sea bueno con nuestros Maneje menoi de 29 nifflas porhor en avenida deRoselawn, For fa%or, use una roila alternu entre la terrTilual v 35E si sea prisible 'rarde rerornar 12s cArtas son pedidas para evitar LONMPLE'1'jXN1LNTIE la wvroda de RDselavvn. DM.Ld9RKR"RMUM Thov siv lNvm txij kev mum ran 355E.Vog mus mi kev 1 12- 13 Roselawn, thov khia% 29 NIPH -xwb, 3 A 7 18 i 110 1 Yog Ins lig, IT-,-,v usis pub Ins t'.vaj kev Roselawn. 112 13 14 IS q6 17 Our icighbors oon Rosclax; Avenuc have experienced a surge 19 20 21 22 2 3 1 1 u, tftic The increase Is partly due to morc buseN driving IIIMLI ' iii 27 28 29 30 31 We are aT.Culpting to divert some of the ratfic away from Rose- laxrt, when lh:s can be done without cxtending the tern WEA VWVAT route time. Buses are also encouraged to use Larpentuuz Avemill - 9 f G "hank You to 7'anony when rcturning from the POM and PM routes, when This czn'bc L4)Pec and or bcmu W1111TI4 to Averalzes done without exlendLlIg Jht� drove time. D yourteed!o r[rive on tratlslwt� to[ fll)s H 1 29 Ro5clawn r \ve, you are asked to Ii-olit ; -'OLIr speed to &rcx7d 26 Low 11 NIPK TIns is the speed in which the transmission, on mosi buses, Records s�ifts no a ucr speed liminn noise. Speed h it hth d thb _g engine nois NVAITING FOR ST("DE.N _TS checks will be conducted by Maplcwood po)icc, the Roseville IsIcas T cmcmbs2r that d, i s III,:- Hi gh 34 18 school district and Centerlinic's safety staff Specding (abov 30 , gal to he stopped while t am- Low -22 i I s MPH) is unacceptabic and will atti--ct your Mccntve, ber. R-ii ghl syslem is flashing &.1rtriSe {)( Late -e-mrnfov charter buses ar.ti requested to completely a4o2d "then you slop, the RED 1 must be on or Lh,- s,, s tern must Sunset 17.58 usirn Ros,_`Ia%vn Ave. inSLIring cuiet v f h d evenings or dc rusie be tu reed oft Monfi%iV, F ruo-tc 27, V-)'= e" M ME I ) " I , - SPEED BU e- n INC.ENTIVE i. 4 Do N .Park your oq;, Utb, use Inlroid: of 4— , the d ispatch:,of , 4 HEAL TF -fNOTES fice tra�h Will The fullu,iii-1.7 s:rnpe-- sug es- or area. ii0l-., L411 hC10 Y OU. :IC,111 UL- In ever�biody s ti corrhn Chu Amei)can Hual way IfTnit I (ict Votil blood f ilus-,Urk: vislbifitVtbrlem-`;�� cbticked ployces walking Nn4i�i pU is a ntk lot heart anack arA f a trir I— 4-v toandfrom 4 thcivbusc "d ZT, 2. ` S uit S.mokirrc (smolking ir— ::igzenes stgnin-cantly f`fzt,! it's YOW 11 ats - ' �4 4 nulsanim g -x 3. Rccuvnizc ata2 ttr,�,n diabe- 4 1 ter (if ��ou h it diabetes, � . , —4 'q 4 nevez stop taking your titedicine without talking Random Drug 4 j tOvour doctor firsts- Alco'h{fit Screenm*gs 4 Dor'l drink too much al-- (it vaLl c4oj��, h rat I .lot 'm rt-Port to work nUe rrer-r.- v o uT alcohol intake to 1-2 i 111 Mid rcCL` an enve . lapt drinks a dayt. i With an "Invitation" (0 a it?.':- 5 Se phvsically active (-Ty to DOM DRUG & A'—COHCL ;act M mir+.utes of physical SCREENING DO you have to acnvivy OTI most or al days go when do Oil un" ViCrL do 0 of Oic week you 4. - 6. Eat a liralLfry c , , re j r jay ! flux randorn drugand/ot alcohol foods that ult ,,, it t ,at v - i s,'reenin-s are rnandaior trips : Eat and chol"Icrul, to r1le Ciliaic. You have net Hi rvguluT nxdical 1 t you must so as a cond- W nzow,411c callAmeri- can Marl Associ aft on at 1 MondaY, Fcbr,,i-,x 2 2X 11OLI must visit the clinic r,�ht at tir your 1110 route. If you have other thirds ori your a--cnda, plexe lot rlLspatch know itdht away, They may reed to cover a !harter for you, but yce. can N DT skip the visit to Lh zliiiie, A skipped drug Ln&oi d1cohoi wit is equal to a fa teat, leac.Ire to immediate The papers m the envelope gave you all the details, Such as time ALI Stalc Nlrol'S 1 EnJbi%:emew Unii is pee ivnzincr randoni, spoi rhcck,c CM School b1ces riuht rio wt. Nfake �u rc You ha f; [� Proof qfY'Cj it tri . P inspec-lion 'life j ! I te j o r nonconipliance is Sleep 0 Ms. Jeanette Weldon Maplewood 0 Addendum to Agenda Item K1 Added 04-10-06 AGENDA REPORT TO: Richard FU[SrO@D City Manager FROM: Charles /\hl, Public Works Director/City Engineer SUBJECT: Conditional Permit Review — Comfort Bus 1870 Rice Street North — Consideration of Alternative Conditions DATE: April 9, 2006 On Monday, April 10, 2006, the City Council will be reviewing the Comfort Bus Conditional Use Permit (CUP). Ad last Thursday's (April 7\ Pre-Agenda K8eeting,itvvaoSuggeotedbvnlethottheCitvCOunoi| could consider placing some conditions On the CUP based upon the traffic study finding from 2UO5. 1 vx8s asked toinvestigate and prepare additional information for the City Council. That information iSpresented in this n8pOrt, which is an addendum t0 W1[ EkSt[@Dd'S8g8Od8 report. Background The R0SR|8vvn Traffic Study was iO response t0G petition dated June 10 from 00 residents along R0Se|8vvO and Jackson requesting 8O investigation into the "heavy truck and commercial school bus traffic" along Rose|@vvn and Jackson. [)n July 25 the City Council authorized the City Engineer Lo have 8 traffic consultant conduct 8n investigation and appropriated $12,00O for that study. The findings were presented on December 12, 2005, and concluded that Roselawn and Jackson experience nearly 10 times the normal bus volumes for collector streets in Maplewood and that the daytime noise standard was exceeded with buses on these routes and was not exceeded when buses were not in daily operation. The issue for Council consideration is whether to attempt to tie this information to the Conditional Use Permit for Comfort Bus. The CUP is for vehicle maintenance, not for the operation of the bus facility. However, a discussion of whether a 'reasonable nexus' can be made between the issues might be appropriate. The buses onRose|@vvn and Jackson need k} operate from that facility and cannot operate without maintenance. The traffic study found that there are up to 280 buses normally operating on a daily basis onF(oSe|avvn. Testimony from Roseville School District is that the neighborhood would normally have 44 trips per day without the Comfort Bus Facility. A reasonable start for conditions may b8tolimit 50% of the non-required trips onRnSH|8vvn. Engineering staff will be monitoring FloS8|8vvn and will beable t0 report any reduction iD daytime noise volumes. Given this plan, itiS suggested that the Council could consider an additional condition on the Comfort Bus CUP to limit the number of buses on Roselawn. By excluding the normal trips, this would propose 8 reduction 0f118 buses per day from Rose|@vvn and set the limit @L1O2 buses per day. Staff would conduct periodic monitoring to ascertain that this number is achieved within a 10% tolerance. The new route for the buses would be on return trips and would likely be [8rpen[eur Avenue and Rice Street, although Comfort Bus personnel would be able to address the reductions 8S determined within their operations. Staff recommends that the Council consider this option. RECOMMENDATION It is recommended that the City Council consider adding a condition to Comfort Bus CUP that states: "Comfort Bus personnel shall take all necessary steps and actions to reduce bus traffic on Roselawn Avenue and Jackson Street. Such traffic on Roselawn and Jackson Street shall be limited to a total of 162 buses per day 8S reported by the City Engineer. And further this shall be verified by the City Engineer and reported 8s8 review Cf this CUP before November 1,2OO6." AGENDA NO. K2 AGENDA REPORT TO: City Council FROM: City Manager RE: PURCHASING AUTHORITY ORDINANCE-SECOND READING DATE: April 4.30U0 |n response to the Council's request for additional information, attached iaa listing Of the 482 invoices paid over the past 12months that exceeded $5 The invoices are grouped by department. Department heads had the following comments about problems that would have occurred if Council approval had been required before purchases over $5,000 could have been Finance Department —143 invoices All but four of the invoices listed for the Finance Department are for VU|hi8S, sewage treatment charges, insurance premiums, payments due or amounts collected for other units of government and payments On contracts. The remaining four invoices were for insurance agent fees, legal fess on bond issues, consultant fees for a study on firefighter pension options and bond issue services. Dan Faust Finance Director Firm Department —17invoices Training and schooling may be hard because many times it comes down to the last day to register for the class urtraining. Sometimes vve may have 3 people or10 people and depending on the cost it may go over $5,000. There are times that we have to pay up front for the schooling in order to hold a seat in the C|8eS. We can rn8k8 the rest work. | vv0u|d still hope that we would have a way to make emergency purchases. Steve Lukin Fire Chief Human Resources Department —2invoices |hSd only two. However, one was a settlement agreement and the other was anemployment investigation. These are very sticky issues with tight timeframes and much sensitivity. Perhaps the ordinance (part ii-4) could be revised [oinclude employment investigations and employee settlement agreements 3owell. Sherrie Le Human Resource Director Information Technology Department — 9 invoices The IT department wouldn't have ran into any problems had there been a $5,000 limit in place. However, the purchases over the $5,000 limit that we made last year were all pre - planned and there were no emergencies. Mychal R. Fowlds IT Director Parks and Recreation Department — 47 invoices Parks and Recreation had 47 invoices over 5k and of that number the city council approved 33 prior to expenditure or through an approved contract. It should be noted that all but one was a budgeted item which of course is approved as well by council. We could live with the 5k limit but it will cause potential delays in public service albeit minimal. The key remains permitting staff to authorize emergency expenditures deemed appropriate. Bruce K. Anderson Director of Parks and Recreation Police Department — 15 invoices After reviewing the list of purchases and finding only (15) fifteen that exceeded the $5,000 threshold (including squad car purchases), I'd have to say that lowering the purchasing ceiling wouldn't have a major impact on police department operations. However, it would be advantageous to our department (me) to have the limit set at $10,000. The $10,000 limit would alleviate the need for double approval (e.g. council approval of equipment purchases that have been approved through the budget process) and allow continued credit card purchases of uniform items. Lastly, the lieutenants felt that a lower limit could affect our future ability to negotiate consolidated purchases (e.g. software) and hinder our working relationships with other organizations due to late payments (Safe and Sober grant). John Banick Deputy Police Chief Public Works Department — 221 invoices Here is my analysis of the 12 months of purchases: There were 492 purchases listed on the spreadsheet for the 12 months that exceeded $5,000. Of those, 221 (45 %) were authorized through individuals within the Public Works Department. I have determined based upon the proposed ordinance that of these 221 purchases for Public Works that we would be excluding the Escrow Fund Refunds, Vehicle Purchases (which already are on the Council agenda for approval), Payments to contractors and engineers for projects (which are approved as part of the overall project), and contract payments for the recycling program (which is an annual contract). With this as an assumption, the 221 purchases are reduced to 33 purchases that would require approval under the new ordinance. Of those 33 purchases, 18 are directly related to the purchase of fuel for vehicles and equipment. Being that the Council has authorized a JPA with St. Paul, this will likely not require individual approvals. Assuming not, then we have 15 purchases remaining that would require additional staff time. Cf these 15 purchases, 3 would have been 3 problem t0 wait a couple Of weeks for the Council's approval. The three involved repairs k]a broken garage door and the emergency removal of trees due to storm damage and elm disease where delay was not possible. ° Of the 15 purchases, if the limit is raised to $10,000, then we would have six items that would require pr8-appn}va|. Of those, none would have fallen in the area [f requiring a Department Head/City Manager decision to purchase under an immediate need situation. I therefore conclude that the proposed limits will have a small impact on the Public Works Department. With the proposed ordinance allowing for an "immediate purchase provision" allowing for discretion by the Department Head / City Manager under emergency-type (continuation of service) GitU@UUns | don'[ see @ major problem. And finally, it is my recommendation that a limit of $10,000, seems like a good compromise. Chuck AN Public Works Director Proposed Ordinance Attached is the ordinance from the last meeting with proposed revisions that are underlined. It is recommended that the Council consider revising the $5,000 limit to $10,000 based upon the comments from the Deputy Police Chief and the Public Works Director. 0 j I A V U 10 F- 0 M AN ORDINANCE AMENDING SECTION 2- 101(G) OF THE MAPLEWOOD CITY CODE. THE CITY OF MAPLEWOOD ORDAINS: SECTION 1. Section 2-102 of the Maplewood City Code is amended as follows: Sec. 2-102 (g) The city manager shall keep the council fully advised as to the financial condition and needs of the city, and he shall prepare and submit to the council the annual budget. The city manager shall be the chief purchasing agent of the city. All purchases for the city and all contracts shall be made or let by the manaaer when: (i) The purchase or contract is: (1) made in furtherance of obligations previously approved by the council; (2) periodic payment of an existing City obligation (e.g. utilities, sewage treatment, insurance premiums, debt payments); (3) necessary to invest surplus balances; (4) solely for the purpose of transmitting money or fees received or collected for other entities; (5) for the payment of taxes, charges, or similar obligations due to other units of government. (ii) The amount of the purchase or contract does not exceed twenty thousand dollars ($20,000.00), if the purchase or contract is: (1) payment for postage; (2) payment for or retention of legal counsel related to the issuance of municipal bonds; (3) payment for or retention of financial consultant services related to the issuance of municipal bonds; (4) required to be made or let prior to the next regular meeting of the council in order to avoid endangering public safety, damaging . public or private property, interrupting City services, hindering a civil or criminal investigation, or defaulting on an obligation. (iii) The amount of the purchase or contract does not exceed five thousand dollars ($5,000.00), for all other purchases or contracts. (iv) All claims resulting from a purchase made or contract let by the city manager shall be audited and approved by the council as provided by law. SECTION 2. Effective Date. This ordinance shall take effect from and after its passage and publication. DUE DATE INVOICE # VENDOR AMOUNT DESCRIPTION DEPT 04/1212005 31315 CENTEX HOMES, 49,133.54 ESCROW RELEASE CD 10/1812005 CD3657412 JB REALTY CO OF ST PAUL 65,812.74 REF ESCROW - HMONG ALLIANCE CH CD 0212112006 44914 OVERHEAD DOOR COMPANY, 5,254.82 REPAIR PW GARAGE DOOR OPENER CD 0113112006 CD31922 PARIS REALTY LLC, 6,171.77 ESCROW REFUND - MARKHAM PONDS CD 12/2012005 CD36837 ST PAUL AREA ASSN OF 28,799.17 REFUND LANDSCAPING ESCROW CD 04/12/2005 04062005 SUMMIT INSPECTIONS, 5,574.00 ELECTRICAL INSPECTIONS CD 1110812005 11022005 SUMMIT INSPECTIONS, 6,548.20 ELECTRICAL INSPECTIONS CD 0211412006 02012006 UNIVERSITY AUTO 6,066.60 REF ESCROW - UNIV AUTO SALES CD 06/14/2005 0000166130 VASKO RUBBISH REMOVAL, 11,961.90 SPRING CLEAN -UP EVENT 4123 CD 06/28/2005 K10 WELLS FARGO BANK, 45,000.00 TCCCF FUND PARTICIPATION CD 0111012006 829 ASSN OF METRO 8,798.00 MEMBERSHIP DUES CM 0411212005 18621 KELLY & FAWCETT PA, 9,825.00 PROSECUTION SERVICES - MAR CM 04112/2005 1M- 03312005 KELLY & FAWCETT PA, 8,105.17 LEGAL SERVICES - MAR CM 05110/2005 APR2005 KELLY & FAWCETT PA, 23,633.82 PROSECUTION SERVICES -APR CM 0611412005 1M KELLY & FAWCETT PA, 15,012.85 LEGAL SERVICES - MAY CM 0611412005 19246 KELLY & FAWCETT PA, 9,825.00 PROSECUTION SRVS - MAY CM 07/1212005 19289 KELLY & FAWCETT PA, 9,825.00 PROSECUTION SERVICES - JUN CM 07/12/2005 lM KELLY & FAWCETT PA, 15,310.44 LEGAL SERVICES - JUN CM 0811612005 JUL2005 KELLY & FAWCETT PA, 18,693.16 LEGGL SERVICES - JUL CM 0811612005 19486 KELLY & FAWCETT PA, 9,825.00 PROSECUTION SERVICES - JUL CM 09/13/2005 19689 KELLY & FAWCETT PA, 9,825.00 PROSECUTION SERVICES - AUG CM 09/1312005 1M- 08131/2005 KELLY & FAWCETT PA, 16,786.81 LEGAL SERVICES - AUG CM 1011112005 1M109302005 KELLY & FAWCETT PA, 25,722.78 LEGAL SERVICES - SEP CM 1011112005 19903 KELLY & FAWCETT PA, 9,825.00 PROSECUTION SRVS - SEP CM 11/30/2005 1M KELLY & FAWCETT PA, 15,127.74 LEGAL SRVS - OCT CM 11/30/2005 20120 KELLY & FAWCETT PA, 9,825.00 PROSECUTION SRVS - OCT CM 1211312005 1M11302005 KELLY & FAWCETT PA, 13,328.92 LEGAL SERVICES - NOV CM 1211312005 20334 KELLY & FAWCETT PA, 9,825.00 PROSECUTION FEE - NOV CM 01110/2006 20563 KELLY & FAWCETT PA, 9,825.00 PROSECUTION SERVICES - DEC CM 01/10/2006 1M/123105 KELLY & FAWCETT PA, 19,890.85 LEGAL SERVICES - DEC CM 0211412006 01312006 KELLY & FAWCETT PA, 18,692.77 LEGAL SERVICES - JAN CM 0212112006 20752 KELLY & FAWCETT PA, 9,825.00 PROSECUTION SERVICES - JAN CM 03/14/2006 lM KELLY & FAWCETT PA, 14,162.74 LEGAL SERVICES - FEB CM 03/1412006 20964 KELLY & FAWCETT PA, 9,825.00 PROSECUTION SERVICES - FEB CM 0912012005 09012005 LEAGUE OF MINNESOTA 17,559.00 ANNUAL MEMBERSHIP DUES CM 0910612005 08312005 MAPLEWOOD HISTORICAL SOC. 10,120.00 CHARITABLE GAMBLING FUNDS CM 01/1012006 01032006 MUNICIPAL LEGISLATIVE COM. 8,973.00 ANNUAL DUES CM 03/22/2005 03172005 NORTHEAST SUBURBAN TRANS 31,963.00 2005 NEST CONTRIBUTION CM 0711212005 41109 ANCOM COMMUNICATIONS 10,090.88 25 - MINITOR V STORED VOICE PAGERS FD 0711912005 00189761 CENTURY COLLEGE, 5,419.05 FIRE FIGHTER TUITION FD 10/11/2005 00199329 CENTURY COLLEGE, 5,283.07 FF TUITION FD 03/21/2006 00217855 CENTURY COLLEGE, 6,535.50 FIREFIGHTER TRAINING FD 1212712005 SVC000000591 EGAN COMPANIES INC, 13,520.00 INSTALL NEW HEATING & AC UNIT FD 0712612005 18 -439 ERICKSON ENTERPRISES, 13,100.00 REMOVE ASBESTOS - 1900 CLARENCE FD 03122/2005 117646 JEFFERSON FIRE & SAFETY 8,624.20 TURN OUT GEAR FD 08130/2005 122253 JEFFERSON FIRE & SAFETY 8,624.71 TURN OUT GEAR FD 1211512005 12152004 LAKE ELMO CHRYSLER, 22,900.00 2004 DODGE DURANGO FD 1011912005 36523 NELSON DODGE -GMC, 28,811.36 2006 GMC YUKON 1500 FD 06/1412005 9000396219 PHILIPS MEDICAL SYSTEMS, 16,740.00 HEARTSTART MRX ALS MONITOR FD 08/16/2005 9000418016 PHILIPS MEDICAL SYSTEMS, 38,480.00 PHILLIPS MRX ALS MONITOR FD 0510312005 762783 REGIONS HOSPITAL, 27,925.00 MEDICAL DIRECTION AGREEMENT FD 0312112006 763571 REGIONS HOSPITAL, 29,823.00 MEDICAL DIRECTION FEE FD 10/24/2005 4070.4 ROAD RESCUE, INC., 106,720.00 2005 MODULAR AMBULANCE- FD 08/1612005 012997 VASKO RUBBISH REMOVAL, 9,262.00 RUBBISH REMOVAL FD 0411912005 05 -0217 WOODBURY, CITY OF 6,728.00 EMT TRAINING - 7 FD 0810212005 147577 ARTHUR J GALLAGHER RISK, 8,500.00 AGENT FEE 05 -06 FN 02/28/2006 12002 BLUE CROSS REFUNDS, 150,696.00 MONTHLY PREMIUM - JAN FN 05/01/2005 03302005 BLUECROSS BLUESHIELD OF 121,247.00 MONTHLY PREMIUM FN 0510312005 05032005 BLUECROSS BLUESHIELD OF 121,183.00 MONTHLY PREM FN 0610312005 0605 BLUECROSS BLUESHIELD OF 129,842.00 MONTHLY PREMIUM FN 07105/2005 12002 BLUECROSS BLUESHIELD OF 124,963.00 MONTHLY PREMIUM FN 08102/2005 120021080105 BLUECROSS BLUESHIELD OF 124,686.00 MONTHLY PREMIUM - AUG FN 0910612005 08312005 BLUECROSS BLUESHIELD OF 124,905.00 MONTHLY PREMIUM FN 1010412005 1005 BLUECROSS BLUESHIELD OF 124,943.50 MONTHLY PREMIUM FN 11/01/2005 1105 BLUECROSS BLUESHIELD OF 127,083.00 MONTHLY PREMIUM FN 12/0612005 1205 BLUECROSS BLUESHIELD OF 123,925.50 MONTHLY PREMIUM FN 0212712006 0106 BLUECROSS BLUESHIELD OF 150,696.00 MONTHLY PREMIUM - JAN FN 0312812006 0306 BLUECROSS BLUESHIELD OF 143,225.00 MONTHLY PREMIUM FN 11/1512005 11082005 BRIGGS & MORGAN, P.A., 6,275.00 LEGAL FEES ON BOND ISSUE FN 07/26/2005 072020051417 CAREFREE COTTAGES OF 19,637.93 FUND 417 TAX INCREMENT FN 0712612005 07202005/416 CAREFREE COTTAGES OF 23,746.05 FUND 416 TAX INCREMENT FN 0712612005 7202005/418 CAREFREE COTTAGES OF 46,658.84 FUND 418 TAX INCREMENT 90% FN 01/24/2006 01112006 -416 CAREFREE COTTAGES OF 23,746.04 FUND 416 TAX INCREMENT FN 01/24/2006 01112006 -418 CAREFREE COTTAGES OF 46,658.84 FUND 418 TAX INCREMENT FN P:IEXCEL\MISC\PYMTS OVER $5000 3 -05 thru 3 -06 DUE DATE INVOICE # VENDOR AMOUNT DESCRIPTION DEPT 01124/2006 01112006 -417 CAREFREE COTTAGES OF 19,637.92 FUND 417 TAX INCREMENT FN 0411912005 00165113 HLB TAUTGES REDPATH, LTD, 5,190.00 FIRE RELIEF PENSION OPTIONS FN 0910612005 4436 INDEPENDENT SCHOOL DIST 138,119.82 TARTAN ARENA OPERATION 113 SHARE FN 07112/2005 JUL2005 JUKER, RICHARD J & FRANCES 7,000.00 PETER PIRSCH FIRE TRUCK - 3RD PYMT FN 05110/2005 42053988 KPMG LLP, 6,000.00 AUDIT FEES FN 0113112006 42297321 KPMG LLP, 6,000.00 ANNUAL AUDIT FN 0313012005 18529 L M C I T, 41,961.75 INS QUARTERLY PREM APR - JUN FN 04107/2005 5653 L M C I T, 46,902.50 WORK COMP QUARTELRY APR = JUN FN 07/19/2005 11037845 L M C I T, 34,330.30 CLAIM DEDUCTIBLE 11037845 FN 0712612005 6560 L M C I T, 57,713.25 WORKERS COMPENSATION INS FN 0810912005 11029673 L M C I T, 50,000.00 CLAIM DEDUCTIBLE 11029673 FN 08/16/2005 20052 L M C I T, 43,016.75 QUARTERLY PREM THRU 9105 FN 10/04/2005 11048575 L M C I T, 11,328.96 CLAIM DEDUCTIBLE 11048575 FN 1010412005 20308 L M C I T, 43,016.75 INS QUARTERLY PREM 1015 -12/05 FN 1010912005 7108 L M C I T, 57,713.25 WORK COMP QUARTERLY DEPOSIT FN 11129/2005 11172005 L M C I T, 10,255.00 WORK COMP AUDIT ADJ 2004 -2005 FN 12113/2005 11041916 L M C I T, 18,576.42 CLAIM DEDUCTIBLE FN 0110312006 20877 L M C I T, 43,016.75 INSURANCE JAN -MAR FN 0110312006 7583 L M C I T, 57,713.25 WORK COMP INS JAN -MAR FN 02128/2006 02132006 L M C I T, 19,392.00 WORKERS COMPENSATION PREMIUM FN 03107/2006 FE82006 LABOR & INDUSTRY, DEPT OF 5,522.12 MONTHLY SURTAX - FEB FN 1212712005 11282005 L M C I T, 57,897.00 INSURANCE PREMIUM FN 0312912005 03232005 MAPLEWOOD FIRE FIGHTERS 7,000.00 STATE SUPPLEMENTAL BENEFITS FN 10/11/2005 EF00001768719 MAPLEWOOD FIRE FIGHTERS 224,005.00 STATE FIRE AID FN 05103/2005 0505 MET LIFE, 9,176.30 MONTHLY DENTAL PREM FN 1110112005 11012005 MET LIFE, 9,646.73 MONTHLY DENTAL PREMIUM FN 0410512005 405 METLIFE SBC, 9,212.11 MONTHLY DENTAL PREM FN 06/03/2005 0605 METLIFE SBC, 9,582.25 MONTHLY DENTAL PREMIUM FN 07/05/2005 0705 METLIFE SBC, 9,548.91 MONTHLY DENTAL PREMIUM FN 0810212005 0805 METLIFE SBC, 9,454.11 MONTHLY DENTAL PREMIUM FN 0910612005 0905 METLIFE SBC, 9,264.51 MONTHLY DENTAL PREM FN 10104/2005 1005 METLIFE SBC, 9,744.55 MONTHLY DENTAL PREMIUM FN 12107/2005 1204 METLIFE SBC, 7,618.11 MONTHLY DENTAL PREMIUM FN 0111012006 0106 METLIFE SBC, 8,857.29 MONTHLY DENTAL PREMIUM FN 0210712006 0206 METLIFE SBC, 8,856.41 MONTHLY DENTAL PREMIUM FN 03107/2006 0306 METLIFE SBC, 9,174.54 MONTHLY DENTAL PREMIUM FN 04105/2005 0000791942 METROPOLITAN COUNCIL, 185,478.30 WASTEWATER - APR FN 0412612005 MAR2005 METROPOLITAN COUNCIL, 27,571.50 MONTHLY SAC - MAR FN 0510312005 0000794570 METROPOLITAN COUNCIL, 185,478.30 WASTEWATER - MAY FN 05124/2005 APR2005 METROPOLITAN COUNCIL, 30,145.50 MONTHLY SAC - APR FN 06/07/2005 0000796803 METROPOLITAN COUNCIL, 185,478.30 WASTEWATER - JUN FN 0612112005 MAY2005 METROPOLITAN COUNCIL, 90,436.50 MONTHLY SAC - MAY FN 0710512005 0000799648 METROPOLITAN COUNCIL, 185,478.30 WASTEWATER - JUL FN 07/19/2005 JUN2005 METROPOLITAN COUNCIL, 60,291.00 MONTHLY SAC - JUN FN 08/02/2005 0000802013 METROPOLITAN COUNCIL, 185,478.30 WASTEWATER - AUG FN 0812312005 07312005 METROPOLITAN COUNCIL, 134,937.00 MONTHLY SAC - JULY 2005 FN 0910612005 0000804028 METROPOLITAN COUNCIL, 185,478.30 WASTEWATER - SEP FN 09126/2005 AUG2005 METROPOLITAN COUNCIL, 40,768.20 MONTHLY SAC - AUG FN 10107/2005 0000806302 METROPOLITAN COUNCIL, 185,478.30 WASTEWATER - OCT FN 1012512005 SEP2005 METROPOLITAN COUNCIL, 90,436.50 MONTHLY SAC - SEP FN 1110112005 0000808533 METROPOLITAN COUNCIL, 185,478.30 WASTEWATER - NOV FN 11/22/2005 OCT2005 METROPOLITAN COUNCIL, 54,549.00 MONTHLY SAC - OCT FN 12106/2005 0000810669 METROPOLITAN COUNCIL, 185,478.30 WASTEWATER - DEC FN 1212012005 NOV2005 METROPOLITAN COUNCIL, 48,807.00 MONTHLY SAC - NOV FN 0110312006 813274 METROPOLITAN COUNCIL, 199,212.84 WASTEWATER - JANUARY FN 01/24/2006 DEC2005 METROPOLITAN COUNCIL, 345,955.50 MONTHLY SAC - DEC FN 02107/2006 0000815738 METROPOLITAN COUNCIL, 199,212.84 WASTEWATER - FEB FN 0212112006 JAN2006 METROPOLITAN COUNCIL, 9,207.00 MONTHLY SAC - JAN FN 0310712006 0000817526 METROPOLITAN COUNCIL, 199,212.84 WASTEWATER - MAR FN 03/21/2006 FEB2006 METROPOLITAN COUNCIL, 42,966.00 MONTHLY SAC - FEB FN 06/14/2005 MAR2005 MN STATE TREASURER 6,675.28 MONTHLY SURTAX - MAY FN 0810912005 JULY2005 MN STATE TREASURER 10,484.21 MONTHLY SURTAX - JUL FN 1110812005 OCT2005 MN STATE TREASURER 5,750.23 MONTHLY SURTAX - OCT FN 10/11/2005 SEP2005 MN STATE TREASURER 7,262.05 MONTHLY SURTAX - SEP FN 04119/2005 105 MN UC FUND, 6,557.80 QUARTER UNEMPLOYMENT FN 0610712005 06012005 RAMSEY COUNTY, 180,962.63 LEGACY VILLAGE TAX ABATEMENT FN 1111512005 11082005 -3 RAMSEY COUNTY, 336,935.02 TAX ABATEMENT PYMT FN 11126/2005 10272005 RAMSEY COUNTY, 238,575.08 TAX ABATEMENT PYMT FN 08116/2005 PRRLG - 000470 RAMSEY COUNTY -PROP REC & 6,245.00 SPECIAL ASSESS MGMT FEE FN 0712612005 072020051426 SCHROEDER MILK COMPANY, 11,204.41 FUND 426 TAX INCREMENT FN 0112412006 01132006 SCHROEDER MILK COMPANY, 11,204.42 FUND 426 TAX INCREMENT FN 02128/2006 0223206 SIBLEY COVE, LTD 19,597.75 FUND 429 TAX INCREMENT 90% FN 09/27/2005 09152005 SPRINGSTED, 17,160.32 BOND ISSUE SERVICES FN 0813012005 1 108252005 1 IST PAUL REGIONAL WATER 1 1 5,259.241 1 MONTHLY WATER UTIL FN P:IEXCEL\MISC\PYMTS OVER $5000 3 -05 thru 3 -06 DUE DATE INVOICE # VENDOR AMOUNT DESCRIPTION DEPT 09119/2005 09192005 US BANK, 134,000.00 CASHIERS CHK - PURCH RAILROAD PROP FN 0112412006 01042006 WELLS FARGO BROKERAGE 185,059.18 2004F BOND PAYMENT FN 0312912005 03032005 XCEL ENERGY, 27,898.09 MONTHLY UTIL - STMT 313, 317, & 318 FN 0312912005 03172005 XCEL ENERGY, 8,006.58 MONTHLY UTIL - STMT DATE 3117 FN 0411212005 03252005 XCEL ENERGY, 9,630.93 ELEC UTILITY - STMT DATE 3125 FN 0411912005 22779186 XCEL ENERGY, 11,361.81 MONTHLY UTIL - STMT DATE 415 FN 0412612005 22974817 XCEL ENERGY, 10,976.04 MONTHLY UTIL - STMT DATE4 /6105 FN 0412612005 22978739 XCEL ENERGY, 8,378.40 MONTHLY UTIL - STMT DATE 416105 FN 05/0312005 04202005 XCEL ENERGY, 9,925.41 ELEC UTIL 3115 - 4117 FN 0511012005 25624448 XCEL ENERGY, 6,102.57 GAS UTIL 3123 - 4122 FN 0511712005 26099058 XCEL ENERGY, 6,474.19 MONTHLY UTIL FN 0513112005 26724043 XCEL ENERGY, 11,301.01 MONTHLY UTIL FN 0513112005 27762750 XCEL ENERGY, 10,734.06 MONTHLY UTIL FN 0610712005 28705818 XCEL ENERGY, 6,340.61 MONTHLY UTIL FN 0612112005 30146857 XCEL ENERGY, 11,078.47 MONTHLY UTILITIES FN 06121/2005 29651711 XCEL ENERGY, 9,404.57 MONTHLY UTILITIES FN 06128/2005 31167404 XCEL ENERGY, 13,746.21 MONTHLY UTILITIES FN 0711212005 32319581 XCEL ENERGY, 5,239.96 MONTHLY UTILITIES FN 0712612005 07212005 XCEL ENERGY, 26,438.20 MONTHLY UTILITIES FN 0810212005 34591944 XCEL ENERGY, 16,245.33 MONTHLY UTILITIES FN 0811612005 36503913 XCEL ENERGY, 11,589.87 MONTHLY UTILITIES FN 0812312005 36969031 XCEL ENERGY, 11,362.84 MONTHLY UTILITIES 6119 -7119 FN 0813012005 38034959 XCEL ENERGY, 16,284.97 MCC ELECTRIC UTIL 7116 - 8114 FN 09/1212005 09122005 XCEL ENERGY, 75,360.00 PROJ 02 -07 RELOCATE POWER POLE FN 0912012005 40280065 XCEL ENERGY, 11,879.03 MONTHLY UTILITIES FN 0912712005 40607203 XCEL ENERGY, 18,803.64 SIGNAL & LIGHT CHARGES FN 0912712005 41456441 XCEL ENERGY, 15,170.33 ELECTRIC UTILITY FN 10/0412005 42452476 XCEL ENERGY, 6,169.78 MONTHLY UTILITIES FN 10/11/2005 43408659 XCEL ENERGY, 10,502.67 MONTHLY UTILITIES FN 1012512005 44964296 XCEL ENERGY, 12,358.25 ELECTRIC UTILITY FN 1110812005 45891655 XCEL ENERGY, 6,388.60 GAS UTILITY FN 11115/2005 47194343 XCEL ENERGY, 8,299.98 GAS & ELECTRIC UTILITY FN 11122/2005 47363291 XCEL ENERGY, 11,173.62 ELECTRIC CHARGES FN 1112912005 48369558 XCEL ENERGY, 10,709.59 ELECTRIC UTILITY FN 1210612005 49210860 XCEL ENERGY, 8,238.82 GAS UTILITY FN 01/03/2006 52779319 XCEL ENERGY, 25,663.63 GAS UTILITY FN 01/17/2006 53471759 XCEL ENERGY, 22,022.28 ELECTRIC & GAS UTILITY FN 0111712006 53629104 XCEL ENERGY, 11,750.02 GAS & ELECTRIC UTILITY FN 0113112006 54119978 XCEL ENERGY, 11,900.22 GAS & ELECTRIC UTILITY FN 0210712006 56299163 XCEL ENERGY, 16,039.97 GAS UTILITY FN 02/14/2006 57247335 XCEL ENERGY, 22,556.81 GAS & ELECTRIC UTILITY FN 0212112006 57421250 XCEL ENERGY, 10,035.26 GAS & ELECTRIC UTILITY FN 0212112006 57426336 XCEL ENERGY, 12,209.53 ELECTRIC UTILITY FN 02/28/2006 5158674710.02 XCEL ENERGY, 10,552.81 ELECTRIC CHARGES 1116 - 1124 FN 03/0712006 5158674710.021 XCEL ENERGY, 11,980.44 GAS CHARGES 1124 - 2122 FN 0311412006 5158674652.03 XCEL ENERGY, 24,642.71 GAS & ELECTRIC UTILITY FN 0312112006 5158674663.54 XCEL ENERGY, 11,900.22 ELECTRIC & GAS UTILITY FN 03121/2006 5158674663.60 XCEL ENERGY, 10,376.29 ELECTRIC & GAS UTILITY FN 03121/2006 5158674674.60 XCEL ENERGY, 12,720.84 ELECTRIC UTILITY FN 0312812006 5158674710.62 XCEL ENERGY, 11,511.01 ELECTRIC UTILITY FN 0112412006 12069 CARLSON & SOLDO PLLP, 5,104.40 LEGAL SERVICES HR 01/13/2006 01132006 HURLEY, STEVE 50,000.00 LEGAL CLAIMS RELEASE HR 07/26/2005 inv0005492 ACTIVE NETWORK INC, THE, 9,288.00 RECWARE SAFARI ANNUAL MAINT IT 1211312005 01237913 ADT SECURITY SERVICES, 7,014.57 SECURITY ANNUAL SERVICE IT 1112212005 IN00084106 BERBEE INFORMATION 33,571.18 CATALYST 3750 48 10- 100 -1000T POE IT 06/21/2005 JC12829 CRAMER BUILDING SERVICES, 18,400.00 REMOVE UHL SYSTEM IT 0711912005 JC12891 CRAMER BUILDING SERVICES, 14,720.00 BLDG AUTOMATION SYS -90% COMPLETE IT 0412612005 37763569 HEWLETT PACKARD, 5,086.44 DESKTOP PC AS QUOTED, MS WINDOWS XP IT 0711212005 6336234 INSIGHT PUBLIC SECTOR, 9,064.22 ADIC SCALAR 24 TAPE LIBRARY IT 07/2612005 MNB66 SOFTWARE HOUSE INTL, 34,040.81 MICROSOFT SOFTWARE LIC AGREEMENT IT 03/14/2006 3429 TYLER TECHNOLOGIES INC, 33,985.30 EDEN SYSTEMS ANNUAL SUPPORT IT 0312912005 15448 BENCHMARK CABINETRY & 5,284.00 CUSTOM CABINETS & INSTALL IN POLICE PD 0810912005 i282737 STRETCHER'S, 6,642.00 LEDX 2100 LED LOW PROFILE EMERG PD 05117/2005 100662 SUPERIOR FORD, 20,174.00 2005 FORD CROWN VICTORIA SQUAD PD 05124/2005 17972 SUPERIOR FORD, 40,348.00 2 - 2005 FORD CROWN VICTORIA SQUADS PD 0512412005 17976 SUPERIOR FORD, 20,174.00 2005 FORD CROWN VICTORIA SQUAD PD 0512412005 17977 SUPERIOR FORD, 20,174.00 2005 FORD CROWN VICTORIA SQUAD PD 05/31/2005 17973 SUPERIOR FORD, 20,174.00 2005 FORD CROWN VICTORIA SQUAD PD 07/19/2005 18261 SUPERIOR FORD, 20,174.00 2005 CROWN VICTORIA SQUAD CAR PD 0711912005 18260 SUPERIOR FORD, 20,174.00 2005 CROWN VICTORIA SQUAD CAR PD 0712612005 18320 SUPERIOR FORD, 20,759.00 2005 FORD CROWN VICTORIA - INV CAR PD 0712612005 18321 SUPERIOR FORD, 20,715.00 2005 FORD CROWN VICTORIA - TRAFFIC SQUAD PD 01/24/2006 671597 TOUSLEY FORD, INC., 14,545.77 2006 FORD 500 AWD SEL — PD 0111712006 1 112302005 1 1 UNIFORMS UNLIMITED INC, 1 1 6,947.761 1 UNIFORM PURCHASES - DEC PD P:IEXCEL\MISC\PYMTS OVER $5000 3 -05 thru 3 -06 DUE DATE INVOICE # VENDOR AMOUNT DESCRIPTION DEPT 09120/2005 31623 VERIPIC A DIVISION OF, 7,500.00 VERPIC DIGITAL PHOTO LAB PD 1110112005 EF00001803386 WOODBURY, CITY OF 6,317.75 SAFE & SOBER GRANT FUNDS PD 1212012005 INVO004109 ACTIVE NETWORK INC, THE, 12,132.00 RECWARE SOFTWARE TRAINING PR 0611412005 5TH PYMT BLUE RHINO STUDIO INC, 11,150.00 NATURE CTR EXH RENOVATION -5TH PMT PR 0711912005 1201922 BRAVER & ASSOCIATES, LTD, 18,136.12 LEGACY PARK DESIGN SRVS PR 0111712006 1201989 BRAUER & ASSOCIATES, LTD, 6,717.47 APPLEWOOD PARK PROF SRVS PR 1110112005 10102005 BRIDGCO DOCKS & LIFTS INC, 19,180.65 BOARDWALK CROSSINGS FOR PRIORY PRESERVE PR 1011812005 33697 CHURCH CHAIR INDUSTRIES 14,070.00 350 BANQUET CHAIRS SB4 -HM- PR 08/3012005 SVC008552 CRAMER BUILDING SERVICES, 8,039.00 REPLACE COMPRESSOR PR 1011112005 0067551 -IN EARL F ANDERSON INC, 5,290.92 ECONO CHAIRS PR 0910612005 08312005 EBERT CONSTRUCTION, 50,493.43 APPLEWOOD PARK CONSTRUCTION PR 10/18/2005 10112005 EBERT CONSTRUCTION, 50,493.43 APPLEWOOD PARK PYMT #1 PR 10/1812005 09262005 EBERT CONSTRUCTION, 23,505.28 APPLEWOOD PARK- PYMT #2 PR 1110812005 11012005 EBERT CONSTRUCTION, 56,801.24 APPLEWOOD PARK PR 0111712006 01112006 EBERT CONSTRUCTION, 11,814.45 APPLEWOOD PARK PYMT #5 PR 01/17/2006 01132006 EBERT CONSTRUCTION, 53,091.58 APPLEWOOD PARK PYMT #4 PR 08/30/2005 05 -266 FINLEY BROS INC, 8,870.00 REPAIR/RESURFACE BB & TENNIS CRTS PR 0910612005 05 -290 FINLEY BROS INC, 13,730.00 REPAIR/RESURFACE BB & TENNIS CRTS PR 0711912005 2722 HOFFMAN & MCNAMARA CO, 102,000.00 STERLING OAKS PARK SITE IMPRV PR 09113/2005 2731 HOFFMAN & MCNAMARA CO, 132,558.00 STERLING OAKS PARK IMPROVEMENTS PR 01117/2006 4440 INDEPENDENT SCHOOL DIST 28,391.07 COOPERATIVE FACILITY USE AGREEMENT PR 1011812005 M07891 LANDSCAPE STRUCTURES 18,168.90 PLAYGROUND EQUIPMENT PR 1212712005 M10913 LANDSCAPE STRUCTURES 55,594.39 PLAYGROUND EQUIP - PR 04/12/2005 20074 NYSTROM PUBLISHING CO INC, 12,745.00 PARKS & REC BROCHURE PR 08/1612005 20314 NYSTROM PUBLISHING CO INC, 9,830.79 PARKS & REC BROCHURE & NEWSLETTER PR 1212012005 20591 NYSTROM PUBLISHING CO INC, 6,901.82 CITY NEWSLETTER & REC BROCHURE PR 0112412006 20664 NYSTROM PUBLISHING CO INC, 7,414.08 NEWSLETTER & PARK REC BROCHURE PR 04/1912005 04132005 POSTMASTER, 10,000.00 REPLENISH POSTAGE FOR CITY NEWS PR 09/14/2005 09122005 POSTMASTER, 7,500.00 REPLENISH PMT#4903 -$6000 & #625 -$1500 PR 0110612006 01062006 POSTMASTER, 8,000.00 REPLENISH PERMIT #4903 FOR MAILINGS PR 0312812006 03212006 POSTMASTER, 6,300.00 PERMIT #625 $2500- PERMIT#4903 $3800 PR 03/21/2006 00001200 RESTORATION 29,950.00 REPAIR- RESTORE WATER SLIDE STAIR & PR 08/23/2005 2004 -03.1 RUM RIVER TREE FARM, 114,995.60 LEGACY VILLAGE PARK PMT #1 PR 1010412005 052304 RUM RIVER TREE FARM, 6,641.93 LEGACY VILLAGE PARK PR 1010412005 0126852 S.E.N., 7,741.57 STERLING OAKS PARK SERVICES - JAN PR 10111/2005 0135585 S.E.H., 29,389.02 PROJ 03 -07 PROF SRVS - AUG PR 10/11/2005 0135164 S.E.H., 10,204.18 PROJ 04 -21 PROF SRVS - AUG PR 1111212005 0137074 S.E.H., 33,445.69 PROJ 03 -07 PROF SRVS - SEP PR 1111212005 0137049 S.E.H., 7,533.32 ROSELAWN AVE TRAFFIC PROF SRVS - SEP PR 11/1212005 0137075 S.E.H., 6,483.83 PROJ 04 -22 PROF SRVS - SEP PR 11/29/2005 0138175 S.E.H., 20,573.78 PROJ 03 -07 PROF SRVS - OCT PR 1112912005 0138174 S.E.H., 11,013.19 PROJ 04 -22 PROF SRVS - OCT PR 1112912005 0137655 S.E.H., 9,231.73 MARKHAM POND - OCT PR 05/03/2005 20- 0437 -6 SANDERS WACKER BERGLY 11,100.00 LANDSCAPE ARCH SRVS - MAR PR 06/0712005 20- 0437 -7 SANDERS WACKER BERGLY 6,874.60 LANDSCAPE ARCHITECTURAL SRV - APR PR 0412612005 577793 STAR TRAC, 19,904.85 SPINNING BIKES PR 0612112005 33517 THERMO -DYNE, INC., 5,198.61 SERVICE & REPAIR EQUIPMENT PR 12/27/2005 34232 THERMO -DYNE, INC., 14,261.00 REPAIR DEHUMIDIFICATION SYSTEM PR 07/05/2005 06172005 TRUGREEN- CHEMLAWN #4635, 18,794.06 BROADLEAF WEED CONTROL- PR 0111012006 14834 337 GROUP LLC, 18,156.44 REF GRADING ESC - 1870 RICE ST PW 0910812005 8576 AQUA ENGINEERING INC, 7,431.20 PROJ 03 -39 INSTALL IRRIGATION SYS PW 08116/2005 1942401 ASPEN EQUIPMENT CO, 37,141.86 DUMP BODIES FOR SINGLE AXLE PLOW TRUCKS PW 09106/2005 1948601 ASPEN EQUIPMENT CO, 37,141.86 DUMP BODIES FOR SINGLE AXLE PLOW TRUCKS PW 1211612005 117318 ASPEN EQUIPMENT CO, 5,781.68 CONVERT TWO PLOWS PW 0511712005 05122005 BOYER TRUCKS INC, 102,447.32 2 - 2005 STERLING L -8500 DUMP TRUCKS PW 05/10/2005 05102005 BP PIPELINES (NO AMERICA) 251,000.00 PIPELINE RELOCATION AGREEMENT PW 06/2812005 242339 BRAUN INTERTEC CORP., 8,878.64 PROJ 04 -21 PROF SRVS THRU 2125 PW 0911312005 249874 BRAUN INTERTEC CORP., 5,014.75 PROJ 03 -39 PROF SRVS THRU 8/12 PW 0811612005 4207 CARL BOLANDER & SONS CO., 11,024.05 REF GRADING ESC - 1966 MCMENEMY PW 08/3012005 420712 CARL BOLANDER & SONS CO., 11,963.52 REF GRADING ESC - 1966 MCMENEMY PW 02/14/2006 33177 CARL BOLANDER & SONS CO., 43,383.12 AFTON HEIGHTS PARK REPAIR PW 1212712005 2900 CHICILO HOMES INC, 10,090.00 REF GRADING ESC - 612 MCKNIGHT PW 0512412005 100681 CRETEX CONCRETE 11,813.02 12" CONCRETE PIPE PW 09/13/2005 PROJ05- DANNER INC, 89,478.22 PROJ 05 -10 DAHL AVE PYMT #1 PW 09/27/2005 PROJ05- DANNER INC, 177,069.36 PROJ 05 -10 DAHL AVE PYMT #2 PW 1112912005 PROJ05- DANNER INC, 66,037.33 PROJ 05 -10 DAHL AVE PYMT #3 PW 0110312006 PROJ05 -10 DANNER INC, 14,907.50 PROJ 05 -10 DAHL AVE, PMT #4 PW 03107/2006 02222006 DRAIN KING INC, 11,244.75 PROJ 05 -16 TELEVISING SEWERS PW 08130/2005 21436 DUNSHEE, WAYNE K 5,033.29 REF GRADING ESC - 2874 ARCADE ST N PW 1111512005 21436 -2 DUNSHEE, WAYNE K 5,075.48 REF GRDG ESC - 2874 ARCADE - 2ND PMT PW 0811612005 HH3689 ESS BROTHERS & SONS INC, 8,350.67 314SN SANITARY SEWER CASTINGS & COVERS PW 01/0312006 1030 EUREKA RECYCLING, 23,650.00 JAN RECYCLING PW 02/21/2006 1079 EUREKA RECYCLING, 16,913.42 RECYCLING - FEB PW 0311412006 1 11120 1 1 EUREKA RECYCLING, 1 1 20,148.70 RECYCLING - MAR PW P:IEXCEL\MISC\PYMTS OVER $5000 3 -05 thru 3 -06 DUE DATE INVOICE # VENDOR AMOUNT DESCRIPTION DEPT 06107/2005 PROJ02- F.M. FRATTALONE EXC INC, 73,102.50 PROJ 02-07 CTY RD D - PYMT 9 PW 0712612005 PROJ02- F.M. FRATTALONE EXC INC, 141,665.82 PROJ 02-07 COUNTY RD D PYMT #10 PW 0111012006 PROJ 02-07 F.M. FRATTALONE EXC INC, 46,759.11 PROJ 02-07 COUNTY RD D PYMT #11 PW 0212112006 PROJ02- F.M. FRATTALONE EXC INC, 12,296.65 PROJ 02-07 COUNTY RD D PYMT #12 PW 0312912005 PROJ04- FOREST LAKE CONTRACTING 86,925.00 PR#04-23 LEGACY STREETLIGHTS PYMT2 PW 0312912005 PROJ04- FOREST LAKE CONTRACTING 27,939.64 PROJ 04-31 GRADING - FINAL PYMT PW 0711912005 PROJ03- FOREST LAKE CONTRACTING 5,430.00 PROJ 03-04 KENNARD ST - FINAL PYMT PW 0811612005 PROJ 04-23 FOREST LAKE CONTRACTING 17,885.00 PROJ 04-23 LEGACY VILLAGE PW 09/0812005 PROJ03- FOREST LAKE CONTRACTING 248,177.05 PROJ 03-39 HAZELWOOD ST PYMT #2 PW 0911312005 PROJ 03-39 FOREST LAKE CONTRACTING 421,836.91 PROJ 03-39 HAZELWOOD ST PYMT#3 PW 1111512005 PROJ 03-39 FOREST LAKE CONTRACTING 82,286.94 PROJ 03-39 HAZELWOOD ST PYMT #4 PW 11/01/2005 5868 GREYSTONE CONSTRUCTION 83,323.55 PROJ 03-19 SALT STORAGE BLDG PW 07/0512005 66370 HARTLAND FUEL PRODUCTS 11,913.90 #2 DIESEL FUEL LOW SULPHUR RED DYED PW 1112512005 693699 HARTLAND FUEL PRODUCTS 17,990.93 POLAR PLUS DIESEL LOW SULPHUR RED DYED PW 0612812005 06222005 HEALTHEAST ST JOHNS 48,284.00 PROJ 03-39 TEMP & PERM EASEMENT PW 03/29/2005 03082005 HOISINGTON KOEGLER 22,606.43 PROJ 04-21 GLADSTONE REDEV - FEB PW 06/20/2005 04072005 HOISINGTON KOEGLER 24,628.17 GLADSTONE REDEVELOPMENT PROJECT PW 0612812005 06082005 HOISINGTON KOEGLER 9,130.67 GLADSTONE REDEVELOPMENT PROJECT PW 0612812005 05052005 HOISINGTON KOEGLER 24,599.98 GLADSTONE REDEVELOPMENT PROJECT PW 09127/2005 09082005 HOISINGTON KOEGLER 24,858.24 PROJ 04-21 GLADSTONE PLANNING PW 11101/2005 10062005 HOISINGTON KOEGLER 6,939.99 PROJ 04-56 GLADSTONE PROJ SRVS PW 0312112006 03082006 HOISINGTON KOEGLER 6,307.72 PROJ 04-21 GLADSTONE - FEB PW 0711912005 3718 HUGO'S TREE CARE INC, 12,034.50 PROJ 04-15 GLADSTONE PROJECT PW 11/29/2005 3966 HUGO'S TREE CARE INC, 6,505.02 DISEASED ELM TREE REMOVAL PW 11/2912005 3962 HUGO'S TREE CARE INC, 5,750.00 EQUIPMENT RENTAL WITH OPERATOR PW 1212712005 00169498 INTERSTATE POWER SYSTEMS 8,680.48 OVERHAUL AUTOMATIC TRANSMISSION PW 0212812006 00171704 INTERSTATE POWER SYSTEMS 7,146.19 TRANSMISSION DIAL & REPLACEMENT PW 08/2612005 37496 J-CRAFT TRUCK EQUIPMENT, 18,598.10 SNOW PLOW AND WING ATTACHMENT PW 09/27/2005 37584 J-CRAFT TRUCK EQUIPMENT, 18,598.10 SNOW PLOW AND WING ATTACHMENT PW 0813012005 08242005 JORGENSON CONST INC, 29,925.00 PROJ 03-19 PUBLIC WORKS ADDITION PW 0912012005 PROJ 03- JORGENSON CONST INC, 180,025.00 PROJ 03-19 PW BLDG ADD PYMT #2 PW 11/01/2005 15057 JORGENSON CONST INC, 600,624.20 PROJ 03-19 PUBLIC WORKS BLDG PW 11/29/2005 11222005 JORGENSON CONST INC, 546,877.00 PROJ 03-19 PW BLDG ADDITION PW 1212012005 PROJ3-19 JORGENSON CONST INC, 283,586.40 PW BLDG ADDITION PYMT #5 PW 0112412006 PROJ03- JORGENSON CONST INC, 197,185.80 PROJ 03-19 PW BLDG ADDITION PYMT#4 PW 02128/2006 PROJ 03-19 JORGENSON CONST INC, 169,354.60 PROJ 03-19 PW BLDG ADDITION PW 03121/2006 15225 JORGENSON CONST INC, 77,339.50 PROJ 03-19 PW BLDG PYMT #8 PW 0312912005 156115 KATH FUEL OIL SERVICE CO, 12,189.76 6999 GALS UNIL MID-GRADE 89 OCT GAS PW 0411912005 156888 KATH FUEL OIL SERVICE CO, 12,286.00 #2 DIESEL LOW SULPHUR RED DYED PW 07/1912005 160665 KATH FUEL OIL SERVICE CO, 13,221.00_ UNLEADED MID-GRADE (89 OCTANE) GAS PW 08/23/2005 161986 KATH FUEL OIL SERVICE CO, 14,387.95 UNLEADED MID-GRADE (89 OCTANE) GAS PW 0912012005 16274 KATH FUEL OIL SERVICE CO, 13,574.50 #2 DIESEL FUEL LOW SULPHUR RED DYED PW 0111012006 167597 KATH FUEL OIL SERVICE CO, 13,139.33 POLAR PLUS DIESEL FUEL LOW SULPHUR RED PW 01/17/2006 167909 KATH FUEL OIL SERVICE CO, 14,036.00_ UNIL MID-GRADE 89 OCTANE GAS PW 02/2112006 169099 KATH FUEL OIL SERVICE CO, 13,002.28_ UNLEADED MID-GRADE (89 OCTANE) GAS PW 0610712005 05272005 KELLY & FAWCETT, PA TRUST 9,705.77 FINAL EASEMENT CLOSING COSTS PW 0312912005 1814013 KIMLEY-HORN & ASSOCIATES 7,137.08 PROJ 02-07 PROF SRVS THRU 2/28 PW 03/29/2005 1781967 KIMLEY-HORN & ASSOCIATES 6,514.63 PROJ 02-07 PROF SRVS THRU 1131/05 PW 04/05/2005 1814021 KIMLEY-HORN & ASSOCIATES 5,464.29 PROJ 04-21 PROF SRVS THRU 2128 PW 0410512005 1792221 KIMLEY-HORN & ASSOCIATES 10,199.38 PROJ 03-26 PROF SRVS THRU 1/31 PW 0410512005 1795844 KIMLEY-HORN & ASSOCIATES 9,999.75 PROJ 04-21 PROF SRVS THRU 1/31 PW 04105/2005 1788626 KIMLEY-HORN & ASSOCIATES 5,536.50 PROJ 03-22 PROF SRVS THRU 1131 PW 04105/2005 1814018 KIMLEY-HORN & ASSOCIATES 10,833.55 PROJ 03-26 PROF SRVS THRU 2128 PW 0513112005 1890182 KIMLEY-HORN & ASSOCIATES 8,389.89 PROJ 05-10 PROF SRVS THRU 4/30105 PW 0610712005 1883575 KIMLEY-HORN & ASSOCIATES 5,773.50 PROJECT ENGINEERING PW 06/07/2005 1854070 KIMLEY-HORN & ASSOCIATES 7,659.31 PROJECT ENGINEERING PW 06/2812005 1919253 KIMLEY-HORN & ASSOCIATES 5,222.26 PROJ 02-07 PROF SRVS THRU 5131 PW 0612812005 1919260 KIMLEY-HORN & ASSOCIATES 25,429.36 PROJ 05-10 PROF SRVS THRU 5/31 PW 0612812005 1926418 KIMLEY-HORN & ASSOCIATES 9,749.34 PROJ 04-21 PROF SRVS THRU 5/31 PW 07/2612005 1968356 KIMLEY-HORN & ASSOCIATES 9,570.45 PROJ 05-07 PROF SRVS THRU 6130 PW 07/26/2005 1968353 KIMLEY-HORN & ASSOCIATES 7,165.59 PROJ 04-21 PROF SRVS THRU 6130 PW 0810212005 1980438 KIMLEY-HORN & ASSOCIATES 6,141.43 PROJ 02-07 PROF SRVS THRU 6/30 PW 0810212005 1984306 KIMLEY-HORN & ASSOCIATES 5,904.19 PROJ 05-10 PROF SRVS THRU 6130 PW 09/13/2005 2010671 KIMLEY-HORN & ASSOCIATES 5,500.06 PROJ 05-07 PROF SRVS THRU 7131 PW 09/13/2005 2010736 KIMLEY-HORN & ASSOCIATES 11,669.71 PROJ 05-10 PROF SRVS THRU 7131 PW 0911312005 2010668 KIMLEY-HORN & ASSOCIATES 7,348.08 PROJ 02-07 PROF SRVS THRU 7/31 PW 0912712005 1954219 KIMLEY-HORN & ASSOCIATES 12,917.42 PROJ 03-19 PROF SRVS THRU 5/31 PW 10111/2005 2083212 KIMLEY-HORN & ASSOCIATES 8,198.28 PROJ 05-07 PROF SRVS THRU 8131 PW 10111/2005 2083211 KIMLEY-HORN & ASSOCIATES 23,550.53 PROJ 05-10 PROF SRVS THRU 8131 PW 1011112005 2083210 KIMLEY-HORN & ASSOCIATES 9,850.04 PROJ 04-21 PROF SRVS THRU 8/31 PW 1013012005 2121216 KIMLEY-HORN & ASSOCIATES 8,888.48 PROJ 04-21 PROF SRVS THRU 9/30105 PW 11/2912005 2121219 KIMLEY-HORN & ASSOCIATES 12,811.41 PROJ 05-07 PROF SRVS THRU 9130 PW 11/29/2005 2151646 KIMLEY-HORN & ASSOCIATES 13,981.32 PROJ 05-10 PROF SRVS THRU 9130 PW 1 12113120051 12165643 1 IKIMLEY-HORN &ASSOCIATES 6,696.55 PROJ 05-07 PROF SRVS THRU 10/31/05 PW P:\EXCEL\MISC\PYMTS OVER $5000 3-05 thru 3-06 DUE DATE INVOICE # VENDOR AMOUNT DESCRIPTION DEPT 12113/2005 2165640 KIMLEY -HORN & ASSOCIATES 6,126.93 PROJ 02 -07 PROJ SRVS THRU 10131/05 PW 1211312005 2165641 KIMLEY -HORN & ASSOCIATES 5,501.39 PROJ 04 -21 PROF SRVS THRU 10131 PW 0110312006 2209400 KIMLEY -HORN & ASSOCIATES 14,750.99 PROJ 05 -10 PROF SERVICES PW 0311412006 2313160 KIMLEY -HORN & ASSOCIATES 9,057.10 PROJ 05 -10 PROF SRVS THRU 1/31 PW 0311412006 2313162 KIMLEY -HORN & ASSOCIATES 8,216.39 PROJ 05 -38 PROF SRVS THRU 1/31 PW 1211312005 6266 KRAUS - ANDERSON 9,513.95 REF GRADING ESC - 2985 MAPLEWOOD PW 0512412005 05242005 LMCD PROPERTIES OF MN 168,000.00 PR #02 -08 PORCH LAND -CTY RD D W OF 61 PW 0612812005 1343 MCFARLAND, P.C., THOMAS F 6,769.86 PROJ 02 -07 ABANDONMENT ATTORNEY PW 07/1212005 PROJ02- 07!02- MCFARLAND, P.C., THOMAS F 9,263.77 PROJ 02 -07 ATTORNEY SERVICES PW 0813012005 1406 MCFARLAND, P.C., THOMAS F 6,148.28 PROJ 02 -07 PROF SRVS - JUL PW 0312812006 03222006 MCFARLANE PROPERTIES LLC, 15,200.00 PROJ 02 -08 REIMS LANDSCAPE WORK PW 1212112005 045124 MILLERBERND 72,846.00 PROJ 03 -07 SIGNAL SYSTEM PW 0911312005 09132005 MN COMMERCIAL RAILWAY, 5,500.00 PROJ 02 -07 RELOCATION OF CTY RD D PW 0712612005 20217 MOUNDS PARK ACADEMY, 9,597.23 REF GRADING ESC - 2051 LARPENTEUR PW 1110812005 PROJ03- NOBLE NURSERY RETAIL INC, 7,806.30 PROJ 03 -04 KENNARD ST IMPRV PMT #3 PW 12104/2005 1301753 NORTH AMERICAN SALT CO, 20,988.94 DEICING SALT- PW 01117/2006 11341356 NORTH AMERICAN SALT CO, 13,539.64 DEICING SALT- PW 0111712006 113421768 NORTH AMERICAN SALT CO, 6,704.76 DE -ICING SALT- PW 0312912005 02262005 OERTEL ARCHITECTS, 11,261.84 PROJ 03 -19 PROF CONSULTING SRVS PW 0411912005 03262005 OERTEL ARCHITECTS, 38,564.06 PROJ 03 -19 PUBLIC WORKS THRU 3126 PW 0513112005 04302005 OERTEL ARCHITECTS, 21,099.95 PROJ 03 -19 PROF SRVS 3126 - 4130 PW 1110112005 8 OERTEL ARCHITECTS, 34,546.84 PUBLIC WORKS BLDG ARCHITECT PW 0710512005 06292005 -3 ONE TIME VENDOR, 40,000.00 REF NEDEGAARD CONST - DEV ESCROW PW 11/1512005 11082005 ONE TIME VENDOR, 6,897.43 REIMB SOUTHWIND BLDR- IRRIGATION SYS PW 1111512005 11102005 -13 ONE TIME VENDOR, 13,716.65 REIMB HEALTHEAST - IRR & SIGN COSTS PW 0312212005 10312001 ONYX WASTE SRVS MIDWEST 14,044.00 RECYCLING PYMT - FEB PW 0510312005 10312001 ONYX WASTE SRVS MIDWEST 19,013.80 RECYCLING - MAR PW 0512412005 10312001 ONYX WASTE SRVS MIDWEST 17,006.41 RECYCLING - APR PW 0612812005 10312001 ONYX WASTE SRVS MIDWEST 19,093.79 RECYCLING - MAY PW 0810212005 10312001 ONYX WASTE SRVS MIDWEST 18,731.44 REYCLING - JUN PW 0813012005 JUL2005 ONYX WASTE SRVS MIDWEST 15,282.35 RECYCLING - JUL PW 09127/2005 10312001/2 ONYX WASTE SRVS MIDWEST 20,333.11 RECYCLING CHARGES -AUG PW 11101/2005 10312001 ONYX WASTE SRVS MIDWEST 17,659.80 RECYCLING - SEP PW 1111512005 10312001 ONYX WASTE SRVS MIDWEST 18,831.66 RECYCLING - OCT PW 0112412006 10312001 -2 ONYX WASTE SRVS MIDWEST 20,055.56 RECYCLING - DEC PW 0311412006 45358 OVERHEAD DOOR COMPANY, 9,000.00 INSTALL NEW ROLLING DOOR PW 0410512005 PROJ02- PALDA & SONS INC, 44,813.04 PROJ 02 -08 CTY RD D IMPRV - PYMT 3 PW 0710512005 PROJ02- PALDA & SONS INC, 65,541.92 PROJ 02 -08 CTY RD D PYMT #4 PW 0912012005 PROD 02- PALDA & SONS INC, 23,366.84 PROJ 02 -08 CTY RD D PYMT #5 PW 12/21/2005 PROJ02- PALDA & SONS INC, 286,839.09 PROJ 02 -08 CTY RD D PYMT #2 PW 02/2112006 PROJ02- PALDA & SONS INC, 6,155.38 PROJ 02 -08 COUNTY RD D PYMT #6 PW 1110812005 1219 PEARSON BROS INC, 107,515.75 PROJ 05 -21 SEAL COAT PROJECT PW 0912712005 96205 PRAIRIE RESTORATIONS INC, 6,175.00 RESTORATION OF WETLAND BASINS AT PW 11/30/2005 PUBW- 006010 RAMSEY COUNTY PUBLIC 19,212.21 STRIPE CITY STREETS PW 0511312005 05132005 RAMSEY COUNTY, 29,968.48 PROPERTY TAX 2990 MAPLEWOOD DR N PW 0511012005 PROJ03- RYAN CONTRACTING 60,951.24 PROJ 03 -26 LEGACY PRKWY PYMT #6 PW 0710512005 127469 S.E.H., 6,449.20 TH36 CORRIDOR STUDY - FEB PW 07105/2005 0126236 S.E.H., 6,050.88 PROJ 02 -07 PROF SRVS - JAN PW 07105/2005 0128901 S.E.H., 6,009.36 PROJ 04 -21 PROF SRVS - MAR PW 0710512005 128630 S.E.N., 13,726.48 TH 36 CORRIDOR STUDY - MAR PW 0710512005 0124261 S.E.N., 10,552.66 PROJ 04 -06 PROF SRVS - NOV PW 0710512005 0130296 S.E.H., 7,994.85 TH 36 CORRIDOR STUDY - APR PW 0710512005 0128987 S.E.H., 18,880.37 PROJ 04 -22 PROF SRVS - MAR PW 0710512005 0125752 S.E.H., 16,903.98 PROJ 03 -07 PROF SRVS - DEC PW 0710512005 0124251 S.E.H., 15,589.83 PROJ 03 -07 PROF SRVS - NOV PW 07/0512005 0130447 S.E.H., 26,663.70 PROJ 03 -07 PROF SRVS - APR PW 0710512005 0126699 S.E.H., 25,243.88 PROJ 04 -06 PROF SRVS - JAN PW 0710512005 0130490 S.E.H., 21,929.20 PROJ 04 -22 PROF SRVS - APR PW 0710512005 0126691 S.E.H., 50,477.58 PROJ 03 -07 PROF SRVS - JAN PW 0710512005 0129245 S.E.H., 37,589.88 PROJ 03 -07 PROF SRVS - MAR PW 0710512005 0127616 S.E.H., 32,638.36 PROJ 04 -21 PROF SRVS THRU 2128 PW 0810212005 0131069 S.E.H., 14,898.14 PROJ 03 -07 PROF SRVS - MAY PW 0810212005 0131851 S.E.H., 10,177.76 PROJ 04 -22 PROF SRVS - MAY PW 08102/2005 0131145 S.E.H., 7,634.80 PROJ 05 -03 PROF SRVS - MAY PW 08130/2005 0132400 S.E.H., 8,694.88 PROJ 03 -07 PROF SRVS - JUN PW 0813012005 0132793 S.E.N., 7,762.84 PROJ 04 -22 PROF SRVS - JUN PW 0911312005 0133902 S.E.N., 23,677.33 PROJ 04 -21 PROF SRVS 511 THRU 7131 PW 0911312005 0134082 S.E.H., 10,441.51 PROJ 03 -07 PROF SRVS - JUL PW 0110312006 0139295 S.E.H., 10,420.02 PROFESSIONAL SERVICES PW 0110312006 0139723 S.E.H., 5,992.16 PROFESSIONAL SERVICES PW 0710512005 PROJ02- SHAFER CONTRACTING CO 69,906.50 PROJ 02 -07 CTY RD D PYMT #2 PW 10/11/2005 PROJ02- SHAFER CONTRACTING CO 14,947.68 PROJ 02 -07 CTY RD D PYMT #6 PW 10/31/2005 PROD 03- 07104- SHAFER CONTRACTING CO 508,587.78 PROJ 03 -07 HWY 61 IMPRV PMT #2 PW 1110412005 PROJ03- 07104- SHAFER CONTRACTING CO 1 277,996.12 PROJ 03- 07104 -25 HWY 61 IMPRV PYMT #1 PW P:IEXCEL\MISC\PYMTS OVER $5000 3 -05 thru 3 -06 DUE DATE INVOICE # VENDOR AMOUNT DESCRIPTION DEPT 11/29/2005 PROJ02- SHAFER CONTRACTING CO 278,335.84 PROJ 02 -07 COUNTY RD D PYMT #7 PW 1212012005 PROJ03- SHAFER CONTRACTING CO 125,310.32 PROJ 03 -07 HIGHWAY 61 PYMT #3 PW 1212012005 PROJ02- SHAFER CONTRACTING CO 140,418.84 PROJ 02 -07 CTY RD D REALIGN PYMT #8 PW 0111712006 PROJ02- SHAFER CONTRACTING CO 236,197.39 PROJ 02 -07 CTY RD D PW 01/31/2006 PROJ02- SHAFER CONTRACTING CO 221,860.18 PROJ 02 -07 CTY RD D PYMT #10 PW 0212112006 PROJ02- SHAFER CONTRACTING CO 21,934.37 PROJ 02 -07 CTY RD D PYMT #11 PW 1211312005 092058 ST PAUL, CITY OF 6,139.98 SEWER MAINT AGREEMENT 2005 PW 1211312005 092055 ST PAUL, CITY OF 6,071.23 SEWER MAINT AGREEMENT 2004 PW 06/21/2005 PROJ02- T.A. SCHIFSKY & SONS, INC, 34,806.33 PROJ 02 -08 CTY RD D IMPRV PMT 1 PW 0612112005 PROJ04- T.A. SCHIFSKY & SONS, INC, 147,815.10 PROJ 04 -15 GLADSTONE NO - PYMT #1 PW 0612112005 PROJ03- T.A. SCHIFSKY & SONS, INC, 56,620.96 PROJ 03 -36 SPRINGSIDE DR PYMT #1 PW 07/19/2005 PROJ02- T.A. SCHIFSKY & SONS, INC, 88,112.88 PROJ 02 -08 CTY RD D PYMT 2 PW 08/0212005 PROD 04- T.A. SCHIFSKY & SONS, INC, 543,763.83 PROJ 04 -15 GLADSTONE NO PYMT #2 PW 0811612005 PROD 04 -15 T.A. SCHIFSKY & SONS, INC, 367,987.54 PROJ 04 -15 GLADSTONE N PYMT #3 PW 0912012005 PROD 02 -08 T.A. SCHIFSKY & SONS, INC, 62,495.42 PROJ 02 -08 CTY RD D PYMT #3 PW 09/27/2005 PROJ04 -15 T.A. SCHIFSKY & SONS, INC, 398,734.41 PROJ 04 -15 GLADSTONE NO PYMT #4 PW 09/27/2005 PROJ03- T.A. SCHIFSKY & SONS, INC, 47,922.45 PROJ 03 -36 SPRINGSIDE DR PMT #2 PW 1011112005 PROD 02 -08 T.A. SCHIFSKY & SONS, INC, 229,402.42 PROJ 02 -08 CTY RD D PYMT #4 PW 1013012005 PROD 02 -08 T.A. SCHIFSKY & SONS, INC, 67,997.62 PROJ 02 -08 CTY RD D PMT #5 PW 11124/2005 37576 T.A. SCHIFSKY & SONS, INC, 6,599.38 VARIOUS BITUMINOUS MATERIALS- PW 12/21/2005 PROJ03- T.A. SCHIFSKY & SONS, INC, 76,597.15 PROJ 03 -18 HAZELWOOD /CTY RD C PW 0110312006 PROJ04 -15 T.A. SCHIFSKY & SONS, INC, 118,097.52 PROJ 04 -15 PMT #6 PW 0111012006 PROJ02 -08 T.A. SCHIFSKY & SONS, INC, 86,615.78 PROJ 02 -08 CTY RD D PYMT #6 PW 03/07/2006 PROJ02- T.A. SCHIFSKY & SONS, INC, 48,496.55 PROJ 02 -08 CTY RD D IMPRV PYMT #7 PW 03/0712006 PROJ04- T.A. SCHIFSKY & SONS, INC, 20,973.05 PROJ 04 -15 GLADSTONE NO PYMT #7 PW 0111012006 7189 TOENJES, HUBERT 12,103.71 REF GRADING ESC - 1966 MCMENEMY PW 0612112005 PROJ03 -26 TOWN & COUNTRY HOMES, 91,769.00 PROJ 03 -26 ROADWAY & POND CONTT PW 03/1412006 S09882 TRI -STATE BOBCAT, INC., 15,834.40 T -250 COMPACT TRACK LOADER & STEEL PW 10/05/2005 TODS22056 TRITON COMMERCIAL DIVING 5,644.03 PROJ 02 -07 UNDERWATER SERVICE PW 0612112005 PROJ02 -08 TROUT LAND LLC, 249,500.00 PROJ 02 -08 RIGHT -OF -WAY PYMT PW 1210812005 PROJ02 -08 TROUT LAND LLC, 125,000.00 ACQUISITION OF OUTLOTS A & C PW 01/03/2006 4644 TSEGAI, DANIEL 5,020.55 REF GRADING ESC - 2371 -2 LINWOOD PW 12/13/2005 2026198 URS CORPORATION, 18,081.19 PROJ 02 -07 PROF SRVS THRU 11111 PW 0113112006 2124873 URS CORPORATION, 185,755.91 PROJ 02 -08 PROF SRVS THRU 4/8105 PW 1112912005 0000199569 VASKO RUBBISH REMOVAL, 5,997.79 MAPLEWOOD CLEAN UP DAY 2005 PW 10118/2005 18086 VISU -SEWER CLEAN & SEAL 129,400.45 PROJ 05 -09 CURED -IN -PLACE PIPE PW 01103/2006 18086R VISU -SEWER CLEAN & SEAL 6,810.55 PROJ 05 -09 FINAL PMT PW 0212812006 05 -0818 WOODBURY, CITY OF 55,388.00 SEWAGE TREATMENT COSTS PW 0911312005 09072005 XARIS PROPERTIES LLC, 5,961.00 PROJ 04 -06 TEMP & PERM EASEMENTS PW 11/01/2005 PROJ04 -06 XARIS PROPERTIES LLC, 10,000.00 TEMP CONSTRUCTION AGREEMENT PW 05/10/2005 731250 YOCUM OIL CO., 12,284.99 UNL MID -GRADE 89 OCTANE GAS PW 0611412005 736173 YOCUM OIL CO., 11,614.66 UNLEADED MID -GRADE 89 OCTANE GAS PW 0912712005 751404 YOCUM OIL CO., 15,245.53 UNL MID -GRADE 89 OCTANE GAS PW 11/01/2005 757024 YOCUM OIL CO., 13,900.43 UNL MID -GRADE 89 OCTANE GAS PW 12/1312005 763414 YOCUM OIL CO., 11,926.01 UNLEADED MID -GRADE 89 OCTANE GAS PW 0310712006 774008 YOCUM OIL CO., 15,991.50 PERF GOLD RED DYED DIESEL FUEL PW 0311412006 774008 -2 YOCUM OIL CO., 14,591.50 PERF GOLD RED DYED DIESEL FUEL PW 03/28/2006 775429 YOCUM OIL CO., 16,216.68 89 OCTANE BLUE PLANET GAS PW P:IEXCEL\MISC\PYMTS OVER $5000 3 -05 thru 3 -06 Agenda Item K3 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk Police Chief David Thomalla DATE: April 4, 2006 RE: Predatory Offender Ordinance The City currently has no ordinance in place directing what areas sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence within the City limits. A draft of the ordinance was submitted at the March 13, 2006 and the March 27, 2006 council meetings for consideration and discussion. Following, is a memo from Deputy Chief Banick that addresses questions and concerns that were raised by council at the March 27, 2006 meeting. T - I 1 • �. To: Karen Guilfoile, City Clerk From: John Banick, Deputy Police Chief CC: David J. Thomalla, Police Chief Date: April 3, 2006 Re: PREDATORY OFFENDER INFORMATION REQUEST This memorandum is in response to the information requested by Councilmember Juenemann and Councilmember Cave at the March 27, 2006 City Council Meeting. 1. Councilmember Juenemann requested me to research "had this ordinance been in place, would it have assisted prosecution or avoidance of past incidents ?" Response: Unfortunately we do not have specific information available that would indicate whether or not the proposed ordinance would have assisted previous prosecutions. However, I reviewed the Maplewood Police Department Predatory Offender Tracking records and have spoken to several police officers including Juvenile Investigator Virginia Erickson who has conducted the majority of our recent sexual assault investigations. It was Officer Erickson's professional opinion that this ordinance would not have made a significant impact on past incidents because the majority of our past offenders have been family members or a close acquaintance that had easy access to the victim. Of the fifty -five (55) registered offenders in the City of Maplewood, six (6) offenders committed their offense in our City. Of the six offenses that occurred in Maplewood, five offenders were known to their victim (e.g. family member, friend, neighbor, etc.). 2. Councilmember Cave requested me to research the number of level two sexual offenders that have offended anyone sixteen years of age or under. Response: We currently have fifty -five (55) registered offenders residing in the City of Maplewood. Of which, forty -eight (48) have not been assigned a risk level. According to the BCA, only those offenders who have been sentenced to prison and who were released after January 1, 1997, have been assigned a risk level. Additionally, offenders sentenced to probation and juvenile offenders are not assigned a risk level. We currently have one (1) level two offender who victimized a person under sixteen and six (6) level one offenders. Please see the attached spreadsheet for further information. to O 0 N d' • • ■ ■ i ■ i ■ ■ u W Z (D CO CO a F- 0 z W Q Y Z U U m m a a a w m v ma a m g O m m O �m E c v 7R � �_ � CD O v ° o o o O �= O y= x o 0 0 0 o O "2 , J t0 N to Q} > O to U) p p p p p p M O O 0 O O O a) L L O _ N L O Cl ° L1J W �� tt cu U ) t� � // vJ y C : p n a) o c O U) C 'n c O U) v o (n o 0 o qua o o> o C: C: 'S ctL 0Q � w ' LL m LL Z Z U) U) 0 5 c G Q} . (n U) to C[3 d v c =7 o p O o O c p o >� v o N c N L �s a- 0 c o v m Q O p- � O O m C 'U) ° O O �� 'in M N m U) O ca O m N C O tll O F 7 1 O ,w v �s ,sn C p M > v .N — t4 O O O � O O. O 0 ° a) ° O g ° to co ° N ca ° co =' :� O O .0 .0 .� O M .— C p O t6 O .— C ° O c .O m c_ O c c4 C p O C.) 67 - O d' ° ' S O - O ° 0 - II LL M M d r LO r GO T 06 O r Nt O T CS) N r 06 C� C I� r M C M Imo- M O N d N C d r� C r 6) N T : r r U O � C -se C U C C uj.: : a; Lijaa -� -.. T aaaaaaaa '^-, — -1 — --. -� -... — — — -�. T aaaaaa --• -� -.. — — — T N aaaa --. -� -.. — — T T as — --. Z Z Z Z Z Z Z Z Z Z Z Z Z z Z Z z Z Z z Z Z Z Z Z z J' w T T r r T T r r T T N N N N N N N N N N M M M 0' z w U - 0'' u W Z (D CO CO a F- 0 z W Q Y Z to 0 0 N d' • • • ■ ■ • ■ • ■ ■ u W z (D CO CO a F- 0 z W Q Y z • 1 • ■ + 1 ti 1 . 1 1 1 i 1 1 • 1 1 • + 1 1 • i • i i s• • • u W z (D CO CO a F- 0 z W Q Y z MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: April 4, 2006 RE: Preservation of City Records Introduction Agenda Item K4 At the March 13, 2006 council meeting Mayor Longrie posed questions regarding the preservation of electronic data. The item was tabled until the April 10, 2006 meeting. Background City records are preserved, including electronic data, using guidelines established by the "General Records Retention Schedule " developed by the Minnesota Historical Society. Over the years the schedule was updated by city clerks and officials representing the Minnesota Clerks and Finance Officers Association. The State Retention Schedule is the minimal retention that is followed. In many cases, records are maintained for larger periods of time. The retention schedule is divided into sections from "Administration to Waste Management. " ( See sample page attached.) After locating the section you are searching for, the retention schedule indicates the retention period of the record in question. The schedule also indicates if a record is archival. Archival records are records that have historical value and must be permanently retained by the city. Archival records can be disposed to the Minnesota Historical Society or other such repository for storage but can not be destroyed. The schedule also indicates the data practice classification of the record meaning it could be: public, non - public, private, classified, etc. Lastly, for some records, State Statute and Federal law referrals are given. The General Records Retention Schedule is a large document of over 800 entries and can be viewed in its entirety in the City Clerks office. As council is aware, compliance officers for records retention are appointed each year. I am the General City Compliance Officer, HR Director Le is the Personnel Compliance Officer and Chief Thomalla is the Law Enforcement Compliance Officer. Attached to this memo is additional information from Compliance Officers Le and Thomalla explaining department procedures and protocols. Also included is information from IT Director Fowlds on backup and storage procedures of city documents. We are in a city -wide process of transferring written and computerized records to laser fische for permanent storage. Cost for this process has been included in the city budget for the last three years. Software, hardware and scanning equipment have been purchased and are being implemented by city staff to assist in this arduous task. It has been the goal and direction of council to allocate funds for this purpose so that past, present and future records can readily accessed by council, staff and the public. Additionally, laser fisched records are stored offsite in the event of loss of records at city hall. As you are aware, much of this information is available or can be linked from the city website in pursuit of this goal. REVISED January 2005 CITY OF MAPLEWOOD RECORDS RETENTION SCHEDULE SECTION: ADMINISTRATION RECORD TITLE/ RETENTION ITEM DESCRIPTION PERIOD ARCH- IVAL Attachment I DATA PRACTICES CLASSIFICATION STATUTE ADM00100 ABSTRACTS & CERTIFICATES OF TITLE Length of Ownership N Public ADM00200 AFFIDAVIT OF MAILING: Certified list of property owners 6 N Public ADM00300 AFFIDAVITS OF PUBLICATIONS GENERAL NOTICES: i.e. bonds, improvement 6 projects, job openings, assessment hearings and liquor licenses N Public ADM00400 AFFIDAVITS OF PUBLICATIONS: Ordinances and Resolution Permanent N Public ADM00500 AGENDA PACKETS - CITY COUNCIL: Complete record of information relevant to Permanent Y Public city council meetings ADM00600 AGENDA PACKETS - MISCELLANEOUS: Various Boards, Commissions, Committees 3 N Public & Councils, i.e. Planning & Zoning, Parks & Rec, Traffic & Transp. etc. that are council approved or appointed. ADM00700 AGREEMENTS - TRUST: Documents relating to property the city has acquired through Permanent N Public donations or wills ADM00800 AIRPORT DEVELOPMENT /PLANNING: Includes minutes of airport commission, Permanent Y Public committee and major reports, and planning documents has historical value ADM00900 AIRPORT OPERATIONSWAINTENANCE: 6 N Public ADM01000 ANNUAL REPORTS: City or departmental Permanent Y Public has historical value W V� To: Richard Fursman, City Manager From: David J. Thomalla, Chief of Police Date: April 5, 2006 Re: Preservation of Police Department Records The Maplewood Police Department follows the State of Minnesota Records Retention schedule as a minimum guide for retention of records within the Police Department. This schedule addresses many different forms of records the Department may maintain ranging from training records of employees to actual police investigative reports_ As classified in the Retention Schedule, the documents the Department creates and retains each have their own unique classification ranging from "public" to "confidential ". Guidelines which dictate what the Department can release and under what circumstances are primarily addressed in Chapter 13 of the Minnesota State Statutes. Section 13.82 of that Statute addresses "Comprehensive Law Enforcement Data" which dictates the release of most information retained within investigate police reports_ Due to the unique nature of many incidents, reports require review on a case by case basis prior to release of information. Since 1997, the Department has implemented different forms of electronic storage of information for retention of reports. In 2005, the Department implemented a new Records Management System which provides for a virtual paperless report storage system where all information is stored electronically off -site but can be reproduced in paper form should release or transfer of the information become necessary_ MEMORANDUM DATE: April 4, 2006 TO: Richard Fursman FROM: Sherrie Le Human Resource Director SUBJECT: Personnel Data Retention and Release Records retention and data practices compliance of personnel data is my responsibility at Data Compliance Officer for Personnel Data. In response to the City Council's request for information on record's retention policies and procedures, I am attaching three documents. Although the request seemed more focused on record's retention, I am also including information related to data practices requests. I have included the Personnel Policy on Confidentiality and Data Practices, along with our authorization for release of personnel data form. I have also included the Table of Contents for our HIPPA manual for our organized Healthcare Arrangement. The manual is quite lengthy and if the City Council would like a copy, I can certainly make copies for them. The table of contents should help the Council understand what is contained in the manual. The City follows state and federal law and regulations with regard to records retention for personnel data. If you or any Council member has any additional questions or concerns, please feel free to contact me. SECTION 14 - C PRACTICES DATA PRACTICES ADVISORY During the course of employment, the City of Maplewood will require employees to provide data that is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given hJ the subject Of the data. Confidential data iS information which generally cannot be given to the public or the subject of the data. The City requests this information for various reasons pertaining to employment with the City. The information provided may b8 used t0 process pay and benefits, evaluate performance, determine pay increases, evaluate suitability for 8n employee's position or other positions, determine whether disciplinary action will be imposed and other personnel actions which involve review ofthe employee's current and past performance. Employees who provide false, iDC0DlD|8t8 or misleading iDfnrD8U0l may be subject to discipline, up to and including the possibility of dismissal. Employees may not be required to provide the information requested. However, the City may choose b3 require the information 8d any time. If required, employees will bg provided with another advisory explaining that the information is required and the consequences ofrefusal. Other persons O[ entities, who are authorized bv law, may receive the requested information. Depending Vn the data requested, these persons nr entities may be: employees and/or officials of the City who have o need to know the information in the course of their duties and responsibilities; the person who isthe subject of private data about him 0r herself; persons who have permission from the subject Of the data; insurance companies providing group benefits or worker's compensation administrative services for the City; g public pension program; the Minnesota Department OfEconomic Security in 8 C|8irn for Drappeal for re-employment benefits; individuals who have obtained a court order for the iOfO[Dl8tiOD; and/or participants in any litigation, Ol8di@tiOO. veteran's preference hearing, grievance arbitration, or other administrative proceeding which results from actions taken. If litigation arises, the information may bR provided in documents filed with the court which are available LV any member n{ the public. |fitis reasonably necessary L0discuss this information at a City Council meeting, it will be available to members of the public. To the extent that some 0r all of the information i3part of the basis for @ final decision on disciplinary action, that information will become available to any member of the public. TYPES OF DATA Public Data: Data about @ person which must bR shown bJ the person, if he/she wishes and which are available to other people. Private Data: Data about a person which must bo shown 0n the person upon request, but are not available to others without his/her p8rDliSSi0D or as otherwise specifically authorized by law. Personnel Data: Data on individuals collected because the individual iGor was 8n employee, @O applicant for employment, performs service OD8 voluntary basis, 0racts as an independent contractor with the City or is a member of an advisory board, COnl[niMBe or commission. Summary Data: Data about 8 person used to develop statistics or reports are considered public information, but they do not identify the person in any way. Except for certain employees (i.e. undercover law enforcement personnel) the following personnel data is public: 1. D@Dl8 3. gross salary 3. salary range 4. gross pension 5. contract fee G. benefits 7. expense reimbursements M. job UUe 9. job d88crDtk}n 10. education and training background 11. previous work experience 12. dates of employment (first and |oot\ 13. status ofcomplaints or charges against employees 14. outcome of complaints-disciplinary 8CU0D 15. work location 10. work telephone number 17. badge number 18. city and county 0fresidence Personnel Data on Applicants for Employment: The following personnel data are considered public data: 1. veteran St8tUS 2. test scores 3. rank and eligibility 4. job history 5. education and training 5. work availability 7. name considered private data except when certified GS eligible f0r@D appointment to a vacancy and considered as one of the "finalists." The following personnel data and information are considered private data on individuals and are not accessible to the public but this data is accessible to the subject employee, the employee's authorized representative, the immediate supervisor and department head, and other city staff persons 0r officials who have G legitimate need t0view/know such data 8s determined by the City Manager Vr his/her designee. 1. Social Security number 2. age, sex 3. nlGritG| and family status 4. employee home address and telephone numbers 5. criminal records G. race and ethnic data 7. insurance sL8LV8 8. references 0. college transcripts (except for name of institution, degree granted, and date) 10. reference check data 11. medical records when part 0f personnel data 12. psychological evaluations 13. worker's compensation reports 14. physical limitations related to the job 15. sick leave forms - doctor's reports 18. data collected from disciplinary proceedings prior {V8hearing 17. opinion questionnaire response by potential employee 18. names of applicants for employment UnU| certified as eligible for appointment toovacancy. 19. employee assistance programs and exit interview responses Nn employee may disclose the home address, telephone number, 0rpersonal information about another employee to any third party without prior consent of the affected employee, as per Section on "Informed CoOsent." Employment selection instruments and/or answer keys to such instruments are protected non-public data, except pursuant to a valid court order. ACCESS TO DATA Access shall be provided to any person, without regard to the nature of the person's interest. Access must be provided by the City Manager or other persons authorized by the City Manager. Access must b8 provided within 8 reasonable time. Interpretation shall b8 provided ifrequested. A fee may b8 charged reflecting time tO collect 0rretrieve the infOrnn8Uon, paper costs, nn8i|inQ costs, duplicating CV8is. etc. Private Data: Access is available to the following only: 1. The subject of the data. 2. Individuals whose work assignments with the City reasonably require access. 3. Entities and agencies determined bv the City Manager t0b8 authorized bv statute or Federal Law tOgain access b] that specific data. 4. Entities or individuals given access bv the express written direction nfthe subject. The City Manager shall assure that access is provided only to the parties listed above. The identity and authority of an individual who seeks to gain access to private data must b8 confirmed. The time that access iS available iS limited hJ the normal working hours 0f the City Hall offices. NV fees shall bH charged in the instances where the data subject only wishes k} view private data. Fees may be charged for providing copies. The following information shall routinely be included in an employee's personnel file: data CQ||RCt8d for administrative pU[p0S8S such as job applications, [R3Um83 VV-2 f0rDl3 Ch8Og8 of address hJ[DlS. training or education [8c0rd3 vgt8[8D'S certification, etc. (Documents containing nnHdiCa| inh]nnaUOn are retained in 8 Sep8r8ha medical file.) 2. documentation of personnel actions or activities such as salary changes, job classifications, performance reviews, termination notices, disciplinary actions. 3. official written correspondence to or from an employee. 4. documentation of employment status and benefit status. Employees will not be specifically notified each time such data are routinely entered into their file, except that employees shall be made aware of data entered into their file which relates to discipline or may have adverse impact on them. Employees may request to view and receive copies of information in their file as per Section on "Access to Data." Personnel files will be maintained by the Human Resource Department. Any documents added or removed from the files must be approved by the Human Resource Director. In order to protect the regulation and dissemination of confidential, private, and non- public data as defined in the Minnesota Government Data Practices Act; promote harmony in the work place; diminish the impediment of each employee's ability to perform his or her duties; and promote an environment with a free -flow exchange of ideas: inter -staff communications shall not be tape - recorded in any form unless all parties to the communication consent. In the event a tape recording is created, the City Clerk shall immediately receive, keep, and maintain the tape recording and shall regulate the dissemination of the information in accordance with the Minnesota Government Data Practices Act. Private data on individuals may be used by and given to any individual or persons by the City Manager or other bonafide representative of the City if the individual subject or subjects of the data have given their informed consent. All informed consents: 1. Shall be in writing and stated in plain language. 2 Shall be signed and dated. 3. Shall specifically designate the particular persons or agencies the data subject has authorized to disclose information about him or her. 4. Shall specifically state the nature of the information he /she has authorized to be disclosed. 5. Shall specifically state the persons or entities whom he /she has authorized to receive the disclosed information. 6. Shall specifically list an expiration date not to exceed one year except in the case of authorization for application for life insurance or non - cancelable or guaranteed renewable health insurance (which shall be two years). 7. Shall specifically state the purpose for which the information may b8used by the parties named above. K the City Manager Vr his/her designee nnah88rH8SOn8b|8efh]rt8L0ObL8inth8infnrn1ed consent of8 data subject and ifthose efforts are not acknowledged in any way, the City Manager or his/her designee shall interpret the silence of the data subject as the giving of implied consent to the new or different purpose or use of the data. "Reasonable efforts" are defined as: Depositing in the U.S. Mail, postage pre-paid, and directed to the last known address of the data subject, at least two (2) communications requesting informed 2. Waiting for a period of not less than sixty (60) days for 8response to the second AUTHORIZATION FOR RELEASE OF PERSONNEL DATA CITY OF MAPLEWOOD Name: Date: I hereby authorize the release of a copy of the following personnel data. I understand that this authorization is voluntary and that I may revoke this authorization at any time except to the extent that action has been taken in reliance on this authorization. The information checked and/or listed above is to be released to: This authorization, for the release of the data described above, is valid for one (1) year after the date it is signed, unless an earlier expiration date is indicated here: I understand that I may refuse to sign this authorization. I understand that a fee may be charged for such copying services. I hereby release the City of Maplewood, its employees and officers from any legal responsibility or liability for disclosure of the above information to the extent indicated and authorized herein. I understand that I may revoke this request at anytime by providing the Maplewood Human Resource Director with my written notice of such revocation. Date: Signature: Printed name: HIPAA POLICIES & PROCEDURES AND ADMINISTRATIVE FORMS TABLE OF CONTENTS 1. HIPAA Privacy Policies & Procedures Overview (Policy & Procedure) 2. HIPAA Privacy Officer (Policy & Procedure) 3. Notice of Privacy Practices (Policy & Procedure) a. Notice of Privacy Practice for Organized Health Care Arrangement (Administrative Form) 4. Use of Disclosure of PHI for TPO Purposes (Policy & Procedure) 5. Minimum Necessary Standard (Policy & Procedure) G. Individual's Rights to Access and Copy PHI (Policy & Procedure) a. Request to Access Own PHI (Administrative Form) b. Grant of Request to Access Own PHI (Administrative Farm) C. Notification of Additional Time to Respond to Access to Own PHI (Administrative Form) d. Denial of Request to Access Own PHI ( Administrativc Farm) e. Access Request Tracking Log (Administrative Form) 7. Amendment of PHI (Policy & Procedure) a. Request for Amendment of PHI Request (Administrative Form) b. Grant of Amendment of PHI Request (Administrative Form) C. Notification of Additional Time to Respond to Amendment of PHI (Administrative Form) d. Denial of Request for Amendment of PHI (Administrative Form) e. Notice to Others of Amendment of PHI (Administrative Form) f. Requester's List of Person's or Entities to Be Notified of Amendment (Administrative Form) g. Amendment Request Tracking Log (Administrative Form) 8. Accounting of Disclosures of PHI (Policy & Procedure) a. Request for An Accounting of Disclosures (Administrative Form) b. Accounting of Disclosures of PHI (Administrative Form) C. Notification of Additional Time to Respond to Accounting Request (Administrative Form) d. Notification of Charges for Second Request in 12 Month Period (Administrative Form) e. Accounting Request Tracking Log (Administrative Farm) f. Disclosure Tracking Log (Administrative Farm) 9. Verification Prior to Disclosure of PHI (Policy & Procedure) a. Disclosure Tracking Log (Administrative Form) 10. Individual Requested Restrictions of Use or Disclosure of PHI (Policy & Procedure) a. Request to Restrict Certain Uses and Disclosures (Administrative Form) b. Response to Request to Restrict Certain Uses and Disclosures (Administrative Form) 11. Individual Requested Restrictions on Confidential Communications (Policy & Procedure) a. Request for Confidential Communications (Administrative Form) b. Restricted Uses and Confidential Communication Request Tracking Log (Administrative Form) 12. Privacy Complaint Procedure (Policy & Procedure) a. Privacy Complaint Form (Administrative Form) b. Response to Privacy Complaint (Administrative Form) C. Complaint Tracking Log (Administrative Forni) 13. Authorization for Use or Disclosure of PHI (Policy & Procedure) a. Authorization for Use or Disclosure (Administrative Form) 14. Revocation of an Authorization (Policy & Procedure) a. Revocation by Subject of Protected Health Information (Administrative Form) 15. Business Associates and Business Associate Agreements (Policy & Procedure) 16. Retention of PHI Documentation (Policy & Procedure) 17. HIPAA Privacy Training Program (Policy & Procedure) a. Acknowledgment of Training Attendance (Administrative Form) 18. Personal Representative (Policy & Procedure) a_ Designation of Personal Representative (Administrative Form) 19. Coordination with Other Laws (Policy & Procedure) 20. Disclosures to Plan Sponsor (Policy & Procedure) 21. Duty to Mitigate (Policy & Procedure) 22. Discipline Policy (Policy & Procedure) 23. Administrative Safeguards (Policy & Procedure) 1. Computer Terminals/Workstations (Policy & Procedure) 2. Electronic Mail System (E -mail) (Policy & Procedure) 3. Facsimile Machines (Policy & Procedure) 4. Copy Machines (Policy & Procedure) 5. Mail — Internal and External (Policy & Procedure) MEMORANDUM TO: Richard Fursman, City Manager FROM: Mychal Fowlds, IT Director DATE: April 4, 2006 RE: Backup Schedule Introduction We perform nightly, weekly and monthly backups of our data. We perform two different types of backups: Full and Incremental. A full backup backups every file that we have selected, regardless of whether or not it's been backed up before. An incremental backup backs up all new files or files that have changed since the last backup. Nightly backups are incremental while weekly and monthly are full. All permanent records are included in all full backups. Also, by design, all files in our permanent records repository are guarded against deletion. Daily and weekly backups of files are on roughly a 3 month turnover while monthly backups are kept for a year before overwriting. Full backups of our e -mail are performed every week with a turnover of every 4 weeks. Monthly and e -mail backups are stored in a secure off -site location. Agenda Item Ll 73TWNTROMW TO: Richard Fursman, City Manager FROM: Diana Longrie, Mayor DATE: April 3, 2006 RE: Resolution of Public Policy and Recommended Action by Council regarding Removal of City Manager INTRODUCTION The City of Maplewood is a currently an Option Plan B City commonly known as a council-manager plan. Pursuant to MN statutes, the city manager in an Option Plan B City shall be the head of the administrative branch of the government and shall be responsible to the council for the proper administration of all affairs relating to the city. As part of his statutory duty to provide for the proper administration of all affairs of the city, the city manager shall see that statutes relating to the cit and the laws, ordinances and resolutions of the city are enforced and he shall exercise control over all departments and divisions of the administration created under Optional Plan B or which may be created by the council. As part of his fiduciary duty to provide for the proper administration of all affairs of the city, the city manager is to devise and implement best practices within all departments to minimize the risk of litigation for the City. The manager is an at will employee and is not under union contract. MN Statute sets forth the removal procedure for a city manager of an Option Plan B City. Under an Option Plan B City the council shall exercise the legislative power of the city; shall determine all matters of policy; shall have full authority over the financial affairs of the city; and shall be responsible for the hiring, periodic review, and the removal of the City Manager. The pertinent Minnesota Statutes for an Option Plan B City are as follows: 412.541 Optional plans. Subdivision 1. Optional Plan. A. Any statutory city may provide for the appointment of its clerk and treasurer, or clerk-treasurer and the election of an additional' I �'counc'i , I member as hereinafter provided in this chapter. These departures from the standard form of government are referred to hereafter as Optional Plan A. Subd. 2. Optional Plan B. Any statutory city of more than 1,000 population may provide for the council-manager plan of government hereinafter provided in this chapter and referred to as Optional Plan B. Subd. 3. Repealed, 1967 c 289 s 18 Subd. 4. Adoption or abandonment; standard form. Any one of such plans may be adopted or abandoned in a city by following the procedures set forth in section 4 11551. Until the adoption of an optional plan, and except as provided in section 4 11572, every city shall operate under the standard form of government earlier provided in this chapter under which the voters elect the treasurer, if there is one, and a council consisting of a mayor, three or five council members, and the clerk or clerk-treasurer. HIST: 1949 c 119 s 66; 1965 c 417 s 6,7; 1967 c 289 s 8,9; 1973 c 123 art 2 s I subd 2; 1986 c 444; 1989 c 30 s 6 412.611 Council-manager plan. The form of government provided in Optional Plan B shall be known as the council-manager plan. The council shall exercise the legislative power of the city and determine all matters of policy. The city manager shall be the head of the administrative branch of the government and shall be responsible to the council for the proper administration of all affairs relating to the city. HIST: 1949 c 119 s 77; 1973 c 123 art 2 s I subd 2 412.641 Manager; basis for choice; residency; term; probation. Subdivision 1. Appointed by council. The city manager shall be chosen by the council solely on the basis of training, experience, and administrative qualifications and need not be a resident of the city at the time of appointment. Subd. Ia. Probationary year, then due process. The manager shall be appointed for an indefinite period and may be removed by the council at any time, but after having served as manager for one year the city manager may demand written charges and a public hearing on the charges before the council prior to the date when final removal takes effect. Subd. 1b. Hearing demand, procedure. A demand for written charges and a hearing must be made within seven days of notification of the council's intent to remove the city manager. The council shall set a date and a reasonable time for a public hearing, which must be held within 30 days of the demand and may not be reconvened or recessed until a further date, absent approval of the council. The council shall notify the city manager within five days of the hearing, of the council's decision to retain or remove the city manager. The decision of the council is final. Subd. Ic. Suspension; temporary replacement. Pending such hearing and removal, the council may suspend the manager, with or without pay, at the council's discretion, from office. The council may designate some properly qualified person to perform the duties of the manager during absence or disability. Subd, 2. When first manager appointed. As soon as practicable after the adoption of Optional Plan B in any city, the council shall appoint the first manager under subdivisions I to I c. HIST: 1949 c 119 s 80; 1973 c 123 art 2 s I subd 2; 1986 c 444; 1993 c 315 s 14 = 412-651 412.651 City manager; powers and duties. Subdivision 1. Generally. The city manager shall have the powers and duties set forth in the following subdivisions. Subd. 2. Enforcement. The city manager shall see that statutes relating to the city and the laws, ordinances and resolutions of the city are enforced. Subd. 3. Appointment of personnel. The city manager shall appoint upon the basis of merit and fitness and subject to any applicable civil service provisions and, except as herein provided, remove the clerk, all heads of departments, and all subordinate officers and employees; but the appointment and removal of the attorney shall be subject to the approval of the council. Subd. 4. Control. The city manager shall exercise control over all departments and divisions of the administration created under Optional Plan B or which may be created by the council. Subd. 5. Council meetings. The city manager shall attend all meetings of the council with the right to take part in the discussions but not to vote; but the council may in its discretion exclude the city manager from any meetings at which the manager's removal is considered. Subd. 6. Recommend ordinances and resolutions. The city manager shall recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the affairs of the city. Subd. 7. Advise; annual budget. The city manager shall keep the council fully advised as to the financial condition and needs of the city and the city manager shall prepare and submit to the council the annual budget. Subd. 8. Administrative code. The city manager shall, when directed to do so by the council, prepare and submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time the city manager shall suggest amendments to such code. Subd. 9. Additional duties. The city manager shall perform such other duties as may be prescribed by the statutes relating to Optional Plan B cities or required by ordinance or resolutions adopted by the council. HIST: 1949 c 119 s 81; 1973 c 123 art 2 s I subd 2; 1986 c 444 RECOMMENDATION Adopt the proposed resolution for the removal of the City Manager, Mr. Fursman. RESOLUTION WHEREAS, under MN Statute, the City of Maplewood is an Option Plan B City known commonly as a council-manager plan; and WHEREAS, pursuant to MN statutes, the city manager in an Option Plan B City shall be the head of the administrative branch of the government and shall be responsible to the council for the proper administration of all affairs relating to the city; and WHEREAS, as part of his statutory duty to provide for the proper administration of all affairs of the city, the city manager shall see that statutes relating to the city and the laws, ordinances and resolutions of the citv are enforced and he shall exercise control over all departments and divisions of the administration created under Optional Plan B or which may be created by the council; and WHEREAS, as part of his fiduciary duty to provide for the proper administration of all affairs of the city, the city manager is to devise and implement best practices within all departments to minimize the risk of litigation for the City; and WHEREAS, the city manager is an at-will employee under MN law and is not under union contract; and WHEREAS, MN Statute sets forth the removal procedure for a city manager of an Option Plan B City; and WHEREAS, under an Option Plan B City the council shall exercise the legislative power of the city; shall determine all matters of policy; shall have fall authority over the financial affairs of the city; and shall be responsible for the hiring, periodic review, and the removal of the City Manager; and WHEREAS, the Council sets policy for the best interests of the Maplewood community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.. The Council hereby proclaims as a matter of public policy, it upholds the provisions of MN §412.651; that as and for his proper administration of all affairs of the city, the Maplewood city manager shall see that all statutes relating to the city and the laws, ordinances and resolutions of the city shall be enforced; and 2. The Council hereby proclaims as a matter of public policy, it upholds the provisions of MN §412.651; that as for his proper administration of all affairs of the city, the Maplewood city manager shall exercise control over all departments and divisions of the administration created under Optional Plan B or which may be created by the council; and 3. The Council hereby proclaims as a matter of public policy, it upholds the provisions prescribed by any and all federal law, state law or city ordinance, not herein specifically identified, that applies to the Maplewood city manager in the proper administration of all affairs of the city; and 4. The Council hereby proclaims as a matter of public policy, it recognizes the Maplewood city manager's fiduciary duty to the City of Maplewood to devise and implement best practices within all departments to minimize the risk of litigation for the City; and 5. The Council and the Maplewood city manager do not share a mutual vision for the Maplewood community and the proper administration of all affairs of the city; and 6. Therefore, pursuant to MN §412.641, and the terms of his employment contract, the Maplewood City Council hereby removes Mr. Fursman as the Maplewood city manager, an a-will employee, effective as of the conclusion of the April 10, 2006 council meeting. In the event Mr. Fursman demands written charges and a public hearing on the charges pursuant to MN §412.641, pending such hearing and removal, the manager is hereby suspended without pay. Agenda Item L2 !. re i To: Mayor and City Council From: Richard Fursman Date: 4/512006 Re: Responsible Authority Designation & Mayor /Council City emails INTRODUCTION It appears the City has not made an official designation of a Responsible Authority for data practices requests as is required. The opinion of the attorney's office is that the City has been in compliance in practice, as all data requests have been responded to in a timely and complete manner. However, a formal adoption of a Responsible Authority is advised. There are recent complexities which call into question how government data can be retrieved from private property. At Issue: The issue is the public's right to have access to a public official's e- mails. This issue is somewhat complex and presents a number of challenges to a City which should be incorporated into the City's procedure in addressing such requests. They are complex because of the fact that public officials may have several e -mail accounts, including personal email accounts. In the City's current situation, two of the council members and the mayor are using their personal email accounts as direct public official contact e- mails. Several weeks ago, there was a data practices inquiry into having access to all of Councilman Hjelle's and the Mayor's e- mails. Mr. Hjelle contacted the attorney's office about the inquiry and they found that the over -broad inquiry was not necessarily a request because it did not specify the information/data being sought or for what purpose. However, it is very close to being a proper request which the City shall have to respond to. The Minnesota Department of Administration (entity regulating Chapter 13) has held on several occasions recently that public official e -mails are subject to data practices requests if they are used to carry out city business or are used to act within the officials responsibilities. NEMMM Obviously, the personal e -mail accounts used by the Mayor, Councilman Hjelle and Councilwoman Cave would be subject to data practices requests because they are being used to conduct City communications. Another complexity is that not all e -mails within those personal accounts may be related to the official's carrying out city business or done in acting out their official duties. Therefore, there should be a review of the e -mails to determine which qualify as being government data and which shall remain private. The following is a proposed revision to the City's current procedure: DATA PRACTICES PROCEDURE - Revised: April 4, 2006 Policy Statement It is the City's intent to adhere to State Data Practices Act to further an open and transparent system of government for the residents of Maplewood. The following procedure is the City's process for its residents to obtain governmental data which is made available by law. 1) Under Minn.Stat. §13.03, a request for Government Data requires a request to be made identifying the data or information being sought with reasonable charges assessed for producing copies to the requesting party. Once that request is made, the City shall disclose the government data sought unless there is a statutory or other legal exception. 2) The request shall be made to the City's Data Practices Compliance Official (the City Clerk - Ms. Karen Guilfoile). 3) Said request shall be forwarded by the City Data Practices Compliance Official to the City Council and City Manager. 4) The City Manager shall process the request as they act as the Responsible Authority for the City. 5) In the event that the data involves a request relating to an individual member or members of the Council, the City Manager shall confer with the Council upon how the request shall be completed. The Council shall issue a group determination on the process to be followed by vote. b) The City Manager shall carry out the request as determined by the Council or independently, depending on the nature of the request, within 10 days of receipt of the request or in a time period reasonable for the particular nature of the request. If the period shall be more than 10 days, the City Manager shall notify the requesting party of the estimated time required to process the request. 7) The City Manger shall provide a quarterly written report to the Council detailing data practices requests received and processed during that time period. Another Option: In addition to the above stated process, the Mayor or Council Members may provide their City Related emails directly at the request of any individual. Recommendation: Adopt the revised Data Practices procedure and appoint the City Manager as the Responsible Authority for all data practices requests. Agenda Item L3 !. re i To: Mayor and City Council From: Richard Fursman Date: 4/5/2006 Re: Bylaw Amendments for Fire Relief Association INTRODUCTION The City Council is requested to revisit Article III, Section 3.12, deletion of the bylaws associated wit the Oakdale Fire Fighters. The council is also requested to address section 9.2a of Article IX, to increase City Funding for members of the paid - per -call force. At Issue• Section 3.12 contains language that is no longer applicable as it was part of an arrangement prior to the City of Maplewood forming its' own department. This was done recently by the council; however, the fire relief association is requesting that an increase to their pension fund be included. Two years ago the City committed to funding the fire relief association $1,000 per fire fighter, regardless of the current benefit level need. This was done to provide the relief association a source of funds to continue to build the retirement benefit amount and also help the City try to maintain a steady funding level for the department rather than have it oscillate up and down from year to year. When I first proposed the idea, I recommended the City adopt a level of $1,000 for the first year, $1,200 for the second, and $1,400 for the third. The council adopted the $1,000 amount. MEMMM Options A. Adopt changes to Article 3 concerning Oakdale but not the rest. B. Adopt changes to Article 3, but modify the amounts of increase to $1,100 for 2006 and $1,200 for 2007. (Or by some other factor) C. Adopt all changes as requested by the relief association. D. Adopt changes to Article 3 concerning Oakdale, and make a separate motion to add the requested funds to the budget without making a bylaw change. *The bylaw change is not necessary to increase the funding. Committing the dollars in the budget would do the same thing. Budget Impact: The 2006 Budget anticipated a city contribution of $89,100 based on 81 ff c@ $1100. The cost to the general fund for 2006 if the changes go through as requested would be approximately $8,100. The additional cost to the 2007 budget would be approximately another $16,200. Recommendation: 1 recommend option C or D. Richard, Pursuant to our meeting of March 27"', 1 respectfully request your assistance regarding the deletion of the bylaws associated with the Oakdale Firefighters. Article III Section 3.12 Combined Service Pension, Article IX, Section 9.9 and all subsections 1 through 7. The liability had been paid and the bylaws are no longer relevant. The second item we request your assistance on is the approval of Article IX Section 9.2 and 9.2a. 9.2 was approved and adopted at a previous meeting but 9.2a was not included. The members have voted prior to the request on both items and we urge the council to vote for the respective deletion and full adoption of the changes accordingly. I In the event that you or the council would wish for myself or another member of the relief association to attend the meeting to respond to questions or concerns on these items, we remain at your service. Respectfully submitted Edward P. Fitzgerald President Maplewood Relief Association Draft for Bylaw Amendment Section 9.2 Benefit levels Section 16.1 Bylaw amendments The Bylaws of this Association may be amended at any regular or special meeting thereof by a favorable vote of two thirds of the members present and voting, provided that quorum is present, and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more than thirty-one (3 1) days next preceding that upon which such amendment or amenchnents are acted upon, and that a notice be mailed to each member at his/her last known address not less than ten (10) days prior to such meeting, and provided further, approval of the Council of the City of Maplewood must be obtained. The following existing by-law as it now reads, and the new by -law that will read, as to Article [X section 9.2 benefit levels. The current by-law av it now reads that is to be amended. ARTICLE IX - BENEFITS Section 9.2 Benefit levels: The Board shall submit schedules to the city for the following level of benefit arnount per year of service. January 1, 2002 - $3600 The city shall provide the Association with sufficient funding to provide the benefit levels in this Section. The proposed by-law as amended. ARTICLE IX - BENEFITS Section 9,2 Benefit levels: The Board shall submit schedules to the City for the following benefit level of $4000 per year of service as of August 1, 2005. Section 9.2a City Funding: The City shall provide the Association with the funding as listed below. Year 2005-S 1000 Per Active Fire Fighter as of December 31,2004 Year 2006-S 1200 Per Active Fire Fighter as of December 31,2005 Year 2007-$ 1404 Per Active Fire Fighter as of December 31,2006 The by-laws listed below will be removed with this change. ARTICLE III - GENERAL DEFINITIONS Section 3.12 Combined Service Pension: Members shall be allowed to transfer to the Oakdale Firefighters' Relief Association and retain his or her service credit in the Maplewood Firefighters' Relief Association. Upon retirement the member shall receive a pension benefit pursuant Article K Benefits, Section 9. 1To be -inserted upon approval I Section 9.8 Combined Service Pension Benefit: A member of this Association is entitled to receive combined service credit from the Association and the Oakdale Firefighters' Relief Association. The member shall receive a combined service credit pension based on the following. 1. Both Maplewood and Oakdale Firefighters' Relief associations must have a ten-year vesting schedule in the bylaws, 2. The bylaws of both associations, to which the member has transferred, to or from shall include similar bylaw provision allowing for a combined service credit provision, providing for the same transfer rights. 3. The member shall transfer his or her membership from the Maplewood Firefighters' Relief Association to the Oakdale Firefighters' Relief Association due to a resignation from the Maplewood Fire Service. An Oakdale member shall transfer his or her membership from the Oakdale Firefighters' Relief Association due to a resignation from the Oakdale Fire Department 4. Members of the Maplewood and Oakdale Firefighters' Relief Association shall be allowed to transfer and receive the benefits from this provision from December 31, 1996 to August 31, 1998, only. Reinstatement as a member of the Fire Department to which the member transfers must occur by August 31, 1998. After August 31, 1998, members shall not be allowed to receive a combined service pension from the Maplewood and Oakdale Firefighters' Relief Association, 5. A member who transfers to Maplewood or Oakdale Firefighters' Relief Association, shall be entitled to ancillary benefits pursuant to Article )a. Such member or member's survivor shall receive a distribution of the portion of his or hers service pension that is vested. The transferred member or member's survivor shall be required to follow the same procedures as any other member in order to receive any of the benefits in Article XI. 6. The member shall, give proper written notice to the Secretary of the Maplewood and Oakdale Firefighters' Relief Association from which he or she transferred, within thirty days of such transfer, 7. The membership does not transfer until the member provides official notice. Once a member has provided a notice to Secretary of the Maplewood relief association of such transfer, the member shall have sixty days to rescind the transfer. A member who rescinds the transfer shall provide official notice that he or she has rescinded to the Secretary of the Maplewood relief association. Any member who rescinds his or her transfer shall be given service credit for any active service time that accrued in the Oakdale Relief Association as long as the active service time has not already been credit to the member by the Oakdale Relief Association. A member who transfers from Oakdale Relief Association to the Maplewood Relief Association and later rescinds the transfer shall not be given service credit for any time spent in the Maplewood Relief Association. Resolution Resolution For the Cities of Oakdale and Maplewood and the Relief Associations of Oakdale and Maplewood fire departments allowing the transfer of assets for combined service pension liability. History For decades the Cities of Maplewood, Oakdale, and Landfall contracted with East County Line Fire Department an 'independent corporation for fire protection, In January of 1997 three independent corporations East County Line, Parkside, and Gladstone Fire Departments were merged into what is now the Maplewood Fire Department. On January 1, 1997 Oakdale Fire Department began serving the entire city of Oakdale for EMS and fire protection. Numerous fire fighters were working for both fire departments and a Maplewood fire department policy did not allow a fire fighter to be on two fire departments. After many negotiations both the relief and cities agreed to a combined service agreement see attached By Law Section 9.8 Combined Service Pension Benefit. A total of ten individuals requested this benefit and of those only six are still active with the Oakdale Fire Department, Today There is currently legislation sponsored by the Sen. C. Niger to allow the assets accrued by these firefighters to be transferred from the special fund Maplewood Fire Relief Association to the Oakdale Fire Department Relief Association. Whereas Maplewood Fire Relief Association and the City of Maplewood has accrued liability for the six active firefighters up until the time of their transfer to Oakdale Fire. Whereas the Maplewood Fire Relief Association is currently holding the assets of that liability. Whereas the Oakdale Fire Department Relief Association has accrued liability for the six active firefighters since their transfer date. Hereafter the City of Maplewood and the Maplewood Fire Relief Association agrees to transferring the liability and the assets for the afore mentioned six active firefighters to the city of Oakdale and the Oakdale Fire Department Relief Association and the Maplewood Fire Relief Association relinquishes all liability for the transferees. Hereafter the City of Oakdale and the Oakdale Fire Department Relief Association agrees to accept all liability, assets and service credits earned by the six active firefighters while in the Maplewood Fire service. Hereafter the combined service credit agreement between Maplewood Fire Relief Association and Oakdale Fire Department Relief Association is dissolved and to be removed from both organizations bylaws, • BETWEEN TBE MAPLEWOOD FIRE FIGHTERS RELIEF ASSOCIATION AND THE OAKDALE FIRE DEPARTMENT RELIEF ASSOCIATION REGARDING TRANSFER OF COMBINED SERVICE CREDITS Pursuant to Laws of Minnesota 2005, 1" Special Session, Chapter 8, Section 18, the Maplewood Fire Fighters Relief Association ("NIFFRA") and the Oakdale Fire Department Relief Association ("OFDRA") hereby agree to the following transfer of assets, liabilities and service credits for certain individuals eligible to receive a combined service pension for firefighting service: 1. Amount of Liabili . As of December 31, 2005, the accrued liability for the accumulated service credit for the current members of the OFDRA who are currently eligible to receive a combined service pension for firefighter service in both associations is $96,261. 2. Transfer of Assets. Upon ratification of this Agreement, the MFFRA shall transfer $96,261 from its special fund to the OFDRA. Upon receipt of these funds, the OFDRA will assume responsibility for the assets and liabilities for the eligible members listed on Schedule A. 3. Eligible Members. Assets, liabilities and service credits shall be transferred in the amounts specified for the individuals listed on the attached Schedule A from NIFFRA to the OFDRA. 4. Ratification. This Agreement is subject to approval of the governing bodies of both relief associations and approval of a resolution by the city councils of Maplewood and Oakdale ratifying this Agreement. 5. Filing of Documents. Upon ratification, the appropriate officer of the OFDRA shall file certified copies of this Agreement with the Office of the State Auditor and the Minnesota Secretary of State's Office. 6. Relief of Obligano Upon ratification of this Agreement and upon transfer of requisite assets, liabilities and service credits, the NffFRA is relieved of any obligation to the individuals listed on Schedule A. MAPLEWOOD FIREFIGHTERS RELIEF ASSOCIATION President Secretary .Date: RATIFICATION BY TBE CITY OF MAPLEWOOD OAKDALE FIRE DEPARTMENT RELIEF ASSOCATION President Secretary Date. AGREEMENTSCREDULEA MAPLEWOOD FIRE RELIEF ASSOCIATION Calculation of Pension Uab)14 - Oakdale Transfers 12131104 Benefit Level per year- $2,600 OVFRA Benefit MFFRA MFFRA MFFRA Leaves of Level at Accrued Years of Accrued Maximum Date of Entry Transfer Absence Years of Service Separation Liability Service Liability Accrued No. Name Blft Age Date Date (months) MFFRA OVFRA Total Date 12!31104 12131105 12131105 Liability I Atkins, Gary L. 09101/71 33 716194 6123197 5 2,917 7.083 10 2,600 5,764 11 5,916 7,583 2 Breftach, 0, 0 08171 33 3121196 311198 0 1,917 7.083 9 2,81)0 3,972 10 4,079 5,387 3 HImebaugh, L. 05115154 50 9/6189 8124197 0 7.917 7.083 15 2,600 17,895 i8 16,371 20,583 4 Lind, R. 01127M 46 61868 3/1198 0 9,667 7.333 17 2,600 24,839 18 25,634 27.067 6 Studiner, Thotm 10/05165 39 10119194 6124197 0 2.833 7.167 10 zew 5,598 11 5,745 7,367 6 Strowng, M, 03/03/51 53 6/27183 6124197 0 14,083 7.917 22 2,600 36,616 23 36,616 38,617 Total 94,684 96,261 104,5& MFFRA years of sorAce divided by total years 'em o' se'vIce -761 of service muftlpflod by MS 69.772 subd 2 by bon lave[ at fadw TnuAlptlool by betroth level at sapamtlon 26M 1 :: =28W YEARS ACCRUED YEARS ACCRUED SERVICE FACTOR LIABILITY SERVICE FACTOR LIABILITY 1 so $1,560 1 so $1,680 2 124 $3,224 2 124 $3,472 3 190 $4,940 3 iw $5.320 4 280 Kno 4 260 $7,280 5 334 $8 5 334 S9,3$2 6 410 $10,680 8 410 $11,480 7 482 $12,792 7 492 $13,776 8 576 $14,976 8 576 $16,128 9 M 517,316 9 w $ia 10 780 $19,760 10 760 $31,280 11 858 $22,308 11 aw $24,024 12 962 $25,012 12 962 $26,936 13 1070 $27,820 13 1070 $29,960 14 1184 530,764 14 1184 $33,152 15 1304 $33,904 15 1304 $3a,512 16 1428 $37,128 16 1428 $39,984 17 1560 W 17 1560 $43,680 18 1696 $44,148 18 t698 -$47,544 19 1844 $47,944 19 1844 $61,632 20 2000 $52,000 20 M $56,000 21 2100 554,600 21 2100 558 22 2200 $57,200 22 2200 $61,600 23 M $59,800 23 2300 $64,400 24 2400 $62,400 24 2400 567,200 25 2600 565 25 25W $70,000 26 2600 WAM 26 2600 $72,800 27 2700 $70,200 27 2700 $75,800 28 2000 372,800 28 2600 $76,400 29 2900 $75,400 29 2" $81,200 30 3090 $78,000 30 3000 $84,000 31 3100 $80 31 3100 $861800 32 3200 $83,20 32 3200 $89,600 33 3300 585,8DD 33 3300 $92,400 34 3400 $88,400 34 3400 $95,200 35 35W $91,000 35 3500 $98,000 This is our section of the bill that has passed and been signed by the Gov. Below is the link that has the complete bill, http:/Iwww.revisor.leg.state.mn.us/bin/bidbill.php?bill=HO044. I&sessioa-year - -2005&session-number--I 164.19 See. 18. [MAPLEWOOD AND OAKDALE VOLUNTEER FIREFIGHTER 164.20 RELIEF ASSOCIATIONS; TRANSFER OF ASSETS.] 164-21 Notwithstanding any limitations in Minnesota Statutes, 164-22 section 424A.02, subdivision 13, or any other provision of law 16423 to the contrary, if an agreement between the affected relief 164.24 associations and cities is reached as provided in this section, 164.25 the Maplewood, Firefighters Relief Association may transfer 164.26 assets from its special fund to the Oakdale Fire Departmen 164.27 Relief Association representing the value of the accumulated 164.28 service credit for the current members of the Oakdale Fire 164.29 Department Relief Association who are curren eligible to 164.30 receive a combined service pension for firefighter service in 164.31 both associations. The transfer of the assets from the 164.32 Maplewood Firefighters Relief Association to the Oakdale Fire 16433 Department Relief Association must be in an amount representing 164.34 the cumulative value of the service credit earned by the members 164.35 of the Oakdale Fire Department Relief Association who are 164.36 currently eli2ible to receive a combined service pension for 165.1 firefl qhting service in both associations for the service credit 165.2 that they accrued while working for the Maplewood Fire 165.3 Department. The amount of the assets, liabilities, and service 165.4 credit to be transferred must be specified in a joint agreemen 165.5 negotiated by the secretaries of the two relief associations and 165.6 ratified by the boards of trustees of both relief associations 165.7 and of the cities of Maplewood and Oakdale. The agreement must 165,8 specify by name or other app Lopriate means the firefighters 165.9 affected by the liability, asset, and service credit transfer. 165,10 The ratification must be 2x pressed in the form of resolutions 165.11 adopted by each entity. The agreements must sped !y the amount 165.12 of assets to be transferred, the amount of liabilities to be 165.13 transferred, and the amount of service credit each of the 165.14 applicable individuals will receive in the Oakdale Fire 165.15 Department Relief Association. Upon the ratification of the 165.16 agreement by both relief associations and both cities, the 165.17 assets, liabilities, and service credit of the applicable 165.18 individuals must be transferred to the Oakdale Fire Department 165-19 Relief Association, and the Maplewood Firefighters Relief 165.20 Association is relieved of any obligafion to the individuals. A 165.21 certified copy of the ratified a9reement must be filed with the 166.22 state auditor and with the secrets !y of state. 166.22 Ug .. Section 18 is effective the day after the governing 166.23 body of the city of Maplewood, the governing body of the ci!y of 166.24 Oakdale, the Maplewood chief clerical officer, and the Oakdale 166.25 chief clerical officer corn fete their compliance with Minnesota 166.26 Statutes, section 645.021, subdivisions 2 and 3.