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HomeMy WebLinkAbout2012 06-11 City Council Meeting PacketThe Listening Forum begins at 6:30 p.m. before the second and fourth regularly scheduled City Council meetings and replaces Visitor Presentations on the City Council Agenda. AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 11, 2012 City Hall, Council Chambers Meeting No. 10-12 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. Acknowledgement of Maplewood Residents Serving the Country. C. ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we 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. Before addressing the council, sign in with the City Clerk. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments.” D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of May 7, 2012 City Council Workshop Minutes 2. Approval of May 14, 2012 City Council Workshop Minutes 3. Approval of May 14, 2012 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Commission Appointments a. Human Rights Commission b. Planning Commission G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non-controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval Of Claims 2. Approval of Agreement for Use of Harvest Park for the 2012 Susan G. Komen Twin Cities 3- Day Event 3. Approval of Temporary Gambling Permit for White Bear Avenue Business Association 4. Approval of Storm Water Facilities Maintenance Agreement Between J&R Maplewood LLC and the City of Maplewood, LaMettry’s Collision Building, City Project 11-21 5. Approval of Storm Water Facilities Maintenance Agreement Between Maplewood 2007 LLC and the City of Maplewood, Maplewood Town Center, City Project 12-02 6. Approval of Storm Water Facilities Maintenance Agreement Between Kennard Professional Building East LLC and the City of Maplewood, Kennard East Professional Building (VA Medical Center), City Project 11-27 7. Approval to Maintain Statutory Tort Liability Limits 8. Approval of Resolution Authorizing Purchase of Insurance Agent Services 9. Approval of Maplewood Community Center Budget Adjustments for 2012 10. Approval of US Bank as a Discretionary Investment Manager and Custodian 11. Approval of Purchasing Policies and Procedures 12. Approval of Purchase for Water Proofing, Exterior Caulking and Crack Repair at Public Works / City Hall 13. Approval of Purchase for Repairing Entryway Roofs at Maplewood Community Center 14. Approval of an Agreement with Trane to Perform a Facility Audit (Engineering Study) of the Maplewood Community Center 15. Approval to Authorize Contract to Resurface the Tennis Courts at Playcrest and Harvest Parks 16. Approval of Services Agreement between the City of Maplewood and Kokoro Volleyball for Usage of Carver Community Gym 17. Approval of Social Media Contract with Gannett Local 18. Approval of Agreement with Pyrotechnic Display, Inc. for July 4th Fireworks H. PUBLIC HEARINGS 1. 7:00 p.m. Approval of Solid Waste Management Ordinance and Standards – Second Reading 2. 7:00 p.m. Approval of Ordinance Amendment Regarding Variances for Metal Storage Buildings, Section 12-5 (d) – First Reading 3. 7:00 p.m. Approval of Ordinance Amendment Regarding Variances for Commercial Use Antennas and Towers, Section 44-1334 – First reading I. UNFINISHED BUSINESS 1. Approval of Bartelmy-Meyer Area Street Improvements, Project 11-14, Resolution Adopting Revised Assessment Roll 2. Bid Award on Bonds – GO Improvement - 2012A and GO State Aid Street Refunding - 2012B J. NEW BUSINESS 1. Approval of Resolution Opposing the Proposed Marriage Amendment 2. Approval of Architect Contract for New Fire Station Site Evaluation 3. Consider Termination of Police and Fire Protection Services to City of Landfall K. AWARD OF BIDS L. ADMINISTRATIVE PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2001 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 May 7,2012 City Council Manager Workshop Minutes 1 Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 P.M. Monday, May 07, 2012 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:18 p.m. by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present James Llanas, Councilmember Present C. APPROVAL OF AGENDA Councilmember Llanas moved to approve the agenda as submitted. Seconded by Mayor Koppen Ayes – All The motion passed. D. UNFINISHED BUSINESS 1. Commission Interviews The city council asked each applicant questions during the interview process for openings on the commissions. a. Community Design Review Board Jason Lamers Paul Arbuckle b. Planning Commission Paul Arbuckle c. Human Rights Commission Maurice Fortin 2. Maplewood Trash Plan – Update on Solid Waste Management Ordinance and Standards Environmental Planner Finwall presented the staff report and answered questions of the council. 3. Discussion on Listening Forum The Mayor and Councilmembers discussed the Listening Forum that is held at 6:30 p.m. before every regularly scheduled council meeting. E. NEW BUSINESS F. ADJOURNMENT Mayor Rossbach adjourned the meeting at 6:05 p.m. Packet Page Number 1 of 347 May 14, 2012 City Council Manager Workshop Minutes 1 Item E2 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 P.M. Monday, May 14, 2012 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:15 p.m. by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present James Llanas, Councilmember Present C. APPROVAL OF AGENDA Councilmember Koppen moved to approve the agenda as submitted. Seconded by Mayor Rossbach Ayes – All The motion passed. D. UNFINISHED BUSINESS None. E. NEW BUSINESS 1. Presentation of Comprehensive Annual Financial Report – 2011 Steve Wischmann, partner with Kern, DeWenter, Viere, Ltd. addressed the council and gave a presentation on the 2011 Comprehensive Financial Report. 2. Declaration of Intent to Close Meeting – Attorney Client Privilege (Minn. Stat 13D.05, Subd. 3(b) City Attorney Kantrud presented the staff report and requested this portion of the meeting be closed as allowed by Minn. Stat. 13D.05, Subd. 3(b). Mayor Rossbach closed the meeting. Mayor Rossbach reopened the meeting. Mayor Rossbach provided a summation of the closed meeting session. F. ADJOURNMENT Mayor Rossbach adjourned the meeting at 6:05 p.m. Packet Page Number 2 of 347 May 14, 2012 City Council Meeting Minutes 1 Item E3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, May 14, 2012 Council Chambers, City Hall Meeting No. 08-12 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present James Llanas, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda: M1. Fish Creek M2. Free City USA M3. Law Enforcement Memorial – May 17, 2012 M4. Listening Forum M5. Council Votes Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Llanas Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of April 23, 2012 City Council Workshop Minutes Councilmember Juenemann moved to approve the April 23, 2012 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of April 23, 2012 City Council Meeting Minutes Councilmember Llanas moved to approve the April 9, 2012 City Council Meeting Minutes as submitted. Packet Page Number 3 of 347 May 14, 2012 City Council Meeting Minutes 2 Seconded by Councilmember Koppen Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Commission Appointments a. Human Rights Commission b. Community Design Review Board c. Planning Commission Assistant City Manager Ahl presented the staff report. Mayor Rossbach moved to approve the Resolution to Appoint Candidates to the commissions as follows:. RESOLUTION #12-5-722 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Human Rights Commission - Maurice Fortin, term expires 5/1/13 - Teresa Manzella, term expires 5/1/14 Community Design Review Board - Jason Lamers, term expires 4/30/15 Planning Commission - Paul Arbuckle, term expires 12/31/14 - Larry Durand, term expires 12/31/14 Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. GreenStep Cities Presentation – University of Minnesota Student Project Environmental Planner Finwall introduced University of Minnesota Students Lee Moua, Lisa Breu, and Chris Swanson. The students gave a presentation on the GreenStep Cities program that the City of Maplewood has been participating in since December 2011. 3. Proclamation for Law Enforcement Week Mayor Rossbach read the proclamation for law enforcement week. Councilmember Juenemann moved to approve the Proclamation for Law Enforcement Week. PROCLAMATION Packet Page Number 4 of 347 May 14, 2012 City Council Meeting Minutes 3 To recognize National Police Week 2012 and to honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy: WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Maplewood Police Department; WHEREAS, nearly 60,000 assaults against law enforcement officers are reported each year, resulting in approximately 16,000 injuries; WHEREAS, since the first recorded death in 1791, almost 20,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty, including Maplewood Police Sergeant Joseph Bergeron; WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; WHEREAS, names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 163 officers killed in 2011 and 199 officers killed in previous years; WHEREAS, the service and sacrifice of all officers killed in the line of duty was honored during the National Law Enforcement Officers Memorial Fund’s 24th Annual Candlelight Vigil on the evening of May 13, 2012; WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the Minnesota Law Enforcement Memorial Association’s Annual Candlelight Vigil on the evening of May 15, 2012; WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this year on May 13-19; WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families; THEREFORE, BE IT RESOLVED that the Maplewood City Council formally designates May 13-19, 2012, as Police Week in the City of Maplewood and publicly salutes the service of law enforcement officers in our community and in communities across the nation. Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Proclamation Recognizing National Public Works Week: May 20-26 City Engineer/ Deputy Public Works Director Thompson presented staff report. Mayor Rossbach read the proclamation recognizing national public works week May 20-16. Councilmember Juenemann moved to approve the Proclamation Recognizing National Public Works Week May 20-26. CITY OF MAPLEWOOD PROCLAMATION Packet Page Number 5 of 347 May 14, 2012 City Council Meeting Minutes 4 PUBLIC WORKS WEEK May 20 through May 26, 2012 WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, traffic safety and water quality; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of all public works professionals; and NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby proclaim the week of May 20 through May 26, 2012 as Public Works Week and encourages all citizens and civic organizations to acquaint themselves with the various aspects of public works service delivery and to recognize the contributions made by public works professionals every day to our health, safety, comfort, and quality of life. Seconded by Councilmember Llanas Ayes – All The motion passed. 5. Human Rights Commission Presentation City Clerk Guilfoile presented the staff report and answered questions of the council. Human Right Commissioners Jon Brandt, Chair and Arianne Maxwell addressed the council and gave a brief presentation on two issues the commission will be addressing in 2012. The Commission is hoping for Council support and input on these issues. G. CONSENT AGENDA Councilmember Juenemann requested agenda items G2, G9, G10, G12 and G21 be highlighted for brief comments. Councilmember Llanas requested agenda item G18 be pulled from the consent agenda for a separate vote. Councilmember Juenemann moved to approve agenda items 1-17 and 19-21. Seconded by Councilmember Llanas Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE Packet Page Number 6 of 347 May 14, 2012 City Council Meeting Minutes 5 $ 343,546.31 Checks # 86907 thru # 86951 dated 4/16/12 thru 4/24/12 $ 362,393.42 Disbursements via debits to checking account dated 4/16/12 thru 4/20/12 $ 304,863.66 Checks # 86952 thru # 86999 dated 4/24/12 thru 5/1/12 $ 234,577.46 Disbursements via debits to checking account dated 4/23/12 thru 4/27/12 $ 355,147.83 Checks # 87000 thru # 87049 dated 5/1/12 thru 5/8/12 $ 432,577.53 Disbursements via debits to checking account dated 4/30/12 thru 5/4/12 $ 1,245,380.85 Total Accounts Payable PAYROLL $ 496,491.39 Payroll Checks and Direct Deposits dated 4/27/12 $ 2,180.89 Payroll Deduction check # 9986807 thru # 9986810 dated 4/27/12 $ 498,672.28 Total Payroll $ 1,744,053.13 GRAND TOTAL Seconded by Councilmember Llanas Ayes – All The motion passed. 2. Spring Clean Up Summary Environmental Planner Finwall presented the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Spring Clean-Up Summary. Seconded by Councilmember Llanas Ayes – All The motion passed. 3. Approval of Resolution for a Temporary Gambling Permit and Waive Permit Fee for St. Paul East Parks Lions – Maplewood Community Center Councilmember Juenemann moved to approve the Resolution for a Temporary Gambling Permit and Waive Permit Fee for St. Paul East Parks Lions at the Maplewood Community Center. Packet Page Number 7 of 347 May 14, 2012 City Council Meeting Minutes 6 RESOLUTION 12-5-723 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit is approved for St. Paul East Parks Lions to conduct excluded bingo at the Maplewood Community Center, 2100 White Bear Avenue. 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. Seconded by Councilmember Llanas Ayes – All The motion passed. 4. Approval of Resolution for a Temporary Gambling Permit and Waive Permit Fee for St. Paul East Parks Lions – Ramsey County Fair Councilmember Juenemann moved to approve the Resolution for a Temporary Gambling Permit and Waive Temporary On-Sale Liquor Permit Fee for the St. Paul East Parks Lions at Ramsey County Fair. RESOLUTION 12-5-724 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit is approved for St. Paul East Park Lions to conduct excluded bingo at the Ramsey County Fair, 2020 White Bear Avenue. 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. Seconded by Councilmember Llanas Ayes – All The motion passed. 5. Approval of Resolution Amending ICMA-RC Deferred Compensation Plan Councilmember Juenemann moved to approve the Resolution Amending ICMA-RC Deferred Compensation Plan. Packet Page Number 8 of 347 May 14, 2012 City Council Meeting Minutes 7 RESOLUTION 12-5-725 AMEND DEFERRED COMPENSATION PLAN Plan Number: 3 0 0 8 8 2 Name of Employer: City of Maplewood State: Minnesota Resolution of the above named Employer (“Employer”) WHEREAS, the Employer has employees rendering valuable services and WHEREAS, the Employer has established a deferred compensation plan for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for it’s employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel and WHEREAS, the Employer has determined that the continuance of the deferred compensation plan will serve these objectives; and NOW THEREFORE BE IS RESOLVED that the Employer hereby amends and restates the deferred compensation plan (the “Plan”) in the form of the ICMA Retirement Corporation 4578 Governmental Deferred Compensation Plan & Trust, to include the associated Roth amendment. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee (“Trustee”), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee’s beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. BE IT FURTHER RESOLVED that the employer hereby agrees to serve as Trustee under the Plan. I, Karen Guilfoile, Clerk of the City of Maplewood, Minnesota, do hereby certify that the foregoing resolution, proposed by the Trustee was duly passed and adopted by the City Council of the City of Maplewood at a regular meeting thereof held on the 14th day of May 2012. WITNESS by my hand this 14th day of May 2012. Seconded by Councilmember Llanas Ayes – All The motion passed. 6. Approval of Closure of Debt Service Funds Councilmember Juenemann moved to approve the Transfers listed in the agenda report and authorize the Finance Manager to make the appropriate budget adjustments. Seconded by Councilmember Llanas Ayes – All The motion passed. Packet Page Number 9 of 347 May 14, 2012 City Council Meeting Minutes 8 7. Approval to Dispose of Old Financial Records Councilmember Juenemann moved to approve the Resolution to Dispose of Old Financial Records. RESOLUTION 12-5-726 WHEREAS, M.S.A. 138.17 governs the destruction of city records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; 1. That per state law, the Finance Manager has applied to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2. That the State has approved the Application for Authority to Dispose of Records and the Finance Manager is hereby authorized and directed to destroy the records listed. Seconded by Councilmember Llanas Ayes – All The motion passed. 8. Resolution Approving PERA Coverage for Local Officials Councilmember Juenemann moved to approve the Resolution Approving PERA Coverage for Local Officials. RESOLUTION 12-5-727 Social Security Resolution for entities with Elected Officials Currently Holding Positions Covered by the Defined Contribution Plan (and Excluded from the Coordinated Plan) Whereas, Minnesota Statutes Section 355 sets procedures to allow a governmental subdivision to extend full Social Security coverage to certain local elected officials who are members of, or are eligible for membership in, the Defined Contribution Plan administered by the Public Employees Retirement Association; and Whereas, City of Maplewood desires to offer full Social Security coverage to its eligible elected officials. Now, Therefore, Be It Resolved that the City of Maplewood does hereby adopt the following resolution: section 1. It is hereby declared to be the policy of this governing body to extend the provisions of Minnesota Statutes Section 355.02, Subd. 3(b), providing full Social Security coverage to eligible elected officials of the governmental subdivision named above. section 2. In pursuance of said policy this governing body hereby requests and authorizes the execution of a divided vote referendum under Section 218(d)(6) of the Social Security Act for the purpose of allowing current eligible elected officials the option of paying the Social Security and, if applicable, Medicare taxes imposed by the Federal Insurance Contributions Act. The coverage of Packet Page Number 10 of 347 May 14, 2012 City Council Meeting Minutes 9 current elected local officials shall be effective as of 1/1/2007 for those eligible officials who vote “Yes” in the divided vote Social Security referendum. The referendum will be conducted pursuant to applicable state and federal regulations by a designee of this entity under the supervision of a representative of the Public Employees Retirement Association acting as the designated State Social Security Administrator. section 3. The Public Employees Retirement Association is hereby directed to execute a modification to the section 218 Agreement between the State of Minnesota and the Secretary of Health and Human Services to secure full Social Security coverage of the eligible elected officials who vote “Yes” in the referendum and all local newly-elected officials of this governmental subdivision. section 4. Withholdings from the salaries of elected officials for the purposes provided in this resolution are hereby authorized to be made in the amounts and at such times as may be required by applicable federal and state laws and regulations. section 5. Employer contributions shall be paid from amounts appropriated for such purposes and payment of employee and employer contributions shall be paid to the Internal Revenue Service in such amounts and at such times as are designated in Internal Revenue Code. section 6. The City of Maplewood shall maintain such records and submit such reports as may be required by the Public Employees Retirement Association or the Social Security Administration. section 7. This resolution shall take effect and be in full force from and after its passage. Seconded by Councilmember Llanas Ayes – All The motion passed. 9. Consider Approval of Contract with Friends of the Mississippi River for Fish Creek Partnership Parks and Recreation Director Konewko presented the staff report. Councilmember Juenemann moved to approve the Contract with Friends of the Mississippi River for Fish Creek Partnership. Seconded by Councilmember Llanas Ayes – All The motion passed. 10. Approval of Resolution Accepting Donation from Maplewood Oakdale Lions Club to City of Maplewood Parks and Recreation Director Konewko presented the staff report. Councilmember Juenemann moved to approve the Resolution Accepting Donation from Maplewood Oakdale Lions Club. RESOLUTION 12-5-728 Acceptance of Donation Packet Page Number 11 of 347 May 14, 2012 City Council Meeting Minutes 10 WHEREAS the City of Maplewood’s Parks and Recreation Department has received a donation of $300 for trees for Lions Park and for refreshments for Maplewood’s 2012 Arbor Day Celebration. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department to accept this donation. Seconded by Councilmember Llanas Ayes – All The motion passed. 11. Consider Approval of Contract Extension between the City of Maplewood and ISD 622 for Aquatic Programming Services Councilmember Juenemann moved to approve the Contract Extension between the City of Maplewood and ISD 622 for Aquatic Programming Services. Seconded by Councilmember Llanas Ayes – All The motion passed. 12. Approval of Resolution Accepting Donation from Friends of Maplewood Nature to Maplewood Nature Center Parks and Recreation Director Konewko presented the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Donation from Friends of Maplewood Nature to Maplewood Nature Center. RESOLUTION 12-5-729 Acceptance of Donation WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of 10 pair of new binoculars to the Maplewood Nature Center. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department to accept this donation. Seconded by Councilmember Llanas Ayes – All The motion passed. 13. Approval of Grant Agreement Between the Capitol Region Watershed District and the City of Maplewood, Western Hills Area Street Improvement, City Project 10-14 Councilmember Juenemann moved to approve the Grant Agreement Between the Capitol Region Watershed District and the City of Maplewood, Western Hills Area Street Improvement, City Project 10-14. Seconded by Councilmember Llanas Ayes – All The motion passed. Packet Page Number 12 of 347 May 14, 2012 City Council Meeting Minutes 11 14. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order Nos. 1 and 2 with Ramsey County, White Bear Avenue Improvements, Project 08-13 Councilmember Juenemann moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order Nos. 1 and 2 with Ramsey County, White Bear Avenue Improvements, Project 08-13. RESOLUTION 12-5-730 Directing Modification of Existing Construction Contract Project 08-13, Change Order Agreement Nos. 1 and 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered improvements to Project 08-13, White Bear Ave / County Rd D Improvements, and has concurred with a contract let by Ramsey County and in accordance to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as City Project 08-13 including Change Order Agreement Nos. 1 and 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor and City Manager are hereby authorized and directed to modify the existing contract by ratifying and executing said Change Order Nos. 1, and 2. Adopted by the Maplewood City Council on this 14th day of May 2012. Seconded by Councilmember Llanas Ayes – All The motion passed. 15. Approval of Purchase for 2012-2013 Road Salt Councilmember Juenemann moved to approve the Purchase of 2012-2013 Road Salt. Seconded by Councilmember Llanas Ayes – All The motion passed. 16. Approval of Purchase for Bituminous Materials for Trail Overlays Councilmember Juenemann moved to approve the Purchase of Bituminous Materail for Trail Overlays. Seconded by Councilmember Llanas Ayes – All The motion passed. 17. Approval of Standard Master Agreement for Professional Services between the City and Bolten & Menk, Inc. Councilmember Juenemann moved to approve the Mayor and City Manager enter into the Standard Master Agreement for Professional Services Between the City of Maplewood and Bolten & Menk, Inc. Minor changes are authorized as approved by the City Attorney. Packet Page Number 13 of 347 May 14, 2012 City Council Meeting Minutes 12 Subsequent Project-Specific Contracts/Proposals with Bolten & Menk, Inc. would be directed to the City Engineer or Public Works Director for approval. Seconded by Councilmember Llanas Ayes – All The motion passed. 18. Consider Approval of RFP for Community Center for Replacement of Cardio Equipment Parks and Recreation Director Konewko presented the staff report and answered questions of the council. Councilmember Llanas moved to approve the Request for Proposal for Community Center for Replacement of Cardio Equipment with the understanding that the City Council will be making a final selection at the July 16, 2012 City Council Meeting. Seconded by Councilmember Juenemann Ayes – All The motion passed. 19. Approval of Lease for 170 Ton Air Cooled Chiller for Maplewood Community Center Councilmember Juenemann moved to approve the three month Lease with Trane for the temporary installation of a 170 Ton Air Cooled Chiller for the Maplewood Community Center. With the monthly rental amount of $8,585.88 be rolled into the project plan if proceeded or come from the building maintenance budget. Seconded by Councilmember Llanas Ayes – All The motion passed. 20. Repeal of Resolution 04-09-174 and Approval of Establishing an Absentee Ballot Board Councilmember Juenemann moved to approve the Resolution Establishing an Absentee Ballot Board. RESOLUTION 12-5-731 Resolution Establishing an Absentee Ballot Board An absentee ballot board is hereby authorized for the City of Maplewood as provided in Minnesota Statutes 203B.121, subdivision 1. Seconded by Councilmember Llanas Ayes – All The motion passed. 21. Acceptance of Fire Department Training Grant Fire Chief Lukin presented the staff report. Councilmember Juenemann moved to approve the application for the AFG grant in the amount of $74,000 and that the necessary match be covered by the reserve fund or unused budget dollars Packet Page Number 14 of 347 May 14, 2012 City Council Meeting Minutes 13 from 2012. I am asking for the approval of expenditures in the amount of $74,000 to cover the cost of the Blue Card Command program training and salaries. I also ask the city council to have the finance department make all the necessary budget adjustments and transfers as needed to cover the grant. Seconded by Councilmember Llanas Ayes – All The motion passed. H. PUBLIC HEARING 1. Bartelmy-Meyer Area Street Improvements, City Project 11-14 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll - 12-5-732 c. Resolution Receiving Bids and Awarding Construction Contract - 12-5-733 d. Approval of Purchase for Gethsemane Park Improvements e. Resolution Approving “No Parking” Condition - 12-5-734 Assistant City Engineer Love presented the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. The following people spoke: 1. Shelagh Stoerzinger, Maplewood Resident 2. Bill Mensen, Maplewood Resident 3. Lynn Wiggert, Maplewood Resident 4. Kathy Baldwin, Maplewood Resident Mayor Rossbach closed the public hearing. Councilmember Juenemann moved to approve the Resolution Adopting the Assessment Roll Noting the Objections for the Bartelmy-Meyer Area Street Improvements, City Project 11-14. RESOLUTOIN 12-5-732 Adopting Assessment Roll WHEREAS, pursuant to a resolution adopted by the City Council on April 9, 2012, calling for a Public Hearing (Assessment Hearing), the assessment roll for the Bartelmy-Meyer Area Street Improvements, City Project 11-14, was presented in a Public Hearing format on May 14, 2012, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 25-29-22-43-0002 – Union Cemetery Association; 0 Minnehaha Avenue East It is currently proposed that the property be assessed for 359.78 feet of frontage. The owner is objecting to the assessment on the basis that the Union Cemetery Association is a 501 (c)(13) exempt organization and therefore cannot be assessed pursuant to Minn. Stat. 306.14. b. Parcel 25-29-22-31-0023 – Deena J. Drewes; 882 Bartelmy Lane It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship. c. Parcel 25-29-22-34-0018 – Dale Dombrock; 784 Mary Street Packet Page Number 15 of 347 May 14, 2012 City Council Meeting Minutes 14 It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a senior citizen deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. B. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on June 11, 2012, as to their recommendations for adjustments. C. The assessment roll for the Bartelmy-Meyer Area Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. D. Such assessments shall be payable in equal annual installments extending over a period of 8 years for commercial properties and 15 years for residential properties, the first installments to be payable on or before the first Monday in January 2013 and shall bear interest at the rate of 4.30 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. E. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2012, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2012, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. F. The city engineer and city clerk shall forthwith after November 15, 2012, but no later than November 16, 2012, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 14th day of May 2012. Seconded by Mayor Rossbach Ayes – All The motion passed. Councilmember Llanas moved to approve the Resolution Receiving Bids and Awarding Construction Contract for the Bartelmy-Meyer Area Street Improvements, City Project 11-14 to Schifsky and Sons, Inc. Packet Page Number 16 of 347 May 14, 2012 City Council Meeting Minutes 15 RESOLUTION 12-5-733 Receiving Bids and Awarding Construction Contract NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky and Sons, Inc. in the amount of $2,879,389.33, for the Base Bid and Bid Alternates 1 and 3, is the lowest responsible bid for the construction of the Bartelmy-Meyer Area Street Improvements – City Project 11-14, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by council and detailed below. FUNDING SOURCE TOTAL AMOUNT RWMWD GRANT FUND $907,000 G.O. IMPROVEMENT FUND $1,401,390 SPECIAL BENEFIT ASSESSMENT $733,610 SANITARY SEWER FUND $140,000 W.A.C. FUND $50,000 ENVIRONMENTAL UTILITY FUND $175,000 PARK FUND $20,000 ST. PAUL WATER $700,000 DRIVEWAY REPLACEMENT PROGRAM $30,000 TOTAL FUNDING $4,157,000 ESTIMATED PROJECT COST RECOVERY Adopted by the council on this 14th day of May, 2012. Seconded by Councilmember Koppen Ayes – All The motion passed. Mayor Rossbach moved to approve the Contract for Services with Flanagan Sales, Inc. for the purchase of the Gethsemane Park Improvements. Minor revisions as approved by the City Attorney are authorized as needed for the contract. Seconded by Councilmember Koppen Ayes – All The motion passed. Councilmember Juenemann moved to approve the Resolution for “No-Parking” Conditions and the installation of signs along the Bartelmy-Meyer Area project streets on the side of the street opposite of the proposed sidewalk. RESOLUTION 12-5-734 Bartelmy-Meyer Area Project Streets – “No Parking” Conditions WHEREAS, the City Council approved the plans and specifications for the Bartelmy- Meyer Area Street Improvements, City Project 11-14 on March 26, 2012; and Packet Page Number 17 of 347 May 14, 2012 City Council Meeting Minutes 16 WHEREAS, the city will be receiving funds from Ramsey Washington Metro Watershed District for the project based on the “Living Streets” Design; and WHEREAS, the “Living Streets” design concept is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles along the Bartelmy-Meyer Area project streets on the side of the street opposite of the proposed sidewalk. Adopted by the council on this 14th day of May, 2012. Seconded by Councilmember Koppen Ayes – All The motion passed. I. UNFINISHED BUSINESS 1. Approval of Park Dedication Fee Code Revision – Second Reading Parks and Recreation Director Konewko presented the staff report and answered questions of the council. Councilmember Juenemann moved to approve the second reading of the change to Chapter 26 section 26-126 thru 130 of the City Code. ORDINANCE 921 An Ordinance Amendment Concerning the City Park Dedication by Developers The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Chapter 26. Section 26-126 thru 130 of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 26-126 – Purpose and intent. The purposes and intent of this division are to ensure the citizens of the city that additional open space for parks, playgrounds and recreation facilities will be the responsibility of every sort of new new development in the city, not just residential development, so that the city’s vast amount of privately owned open spaces with potential for development are partially available for orderly park, recreation, and open space development ; to ensure that, in fact, such facilities will be provided; and to preserve, enhance and improve the qualities of the physical environment of the city for commercial and industrial uses or a combination thereof, regardless of whether such developments or subdivisions are within the context of chapter 34, which pertains to subdivisions. Sec, 26-127 Required dedications generally. The developer of any tract of land in the city which is to be developed or redeveloped for commercial, residential, governmental, institutional, or industrial or like uses shall dedicate to the public, for public use as parks, playgrounds or public open space, such portion of his/her development tract equal to 9 percent, with such portion to be reviewed annually in December. The percentage of the development tract to be so dedicated may be amended by resolution of the council. Packet Page Number 18 of 347 May 14, 2012 City Council Meeting Minutes 17 Sec. 26-128 Delineation of dedicated area on preliminary plat or site plan. The actual area to be dedicated for public use as parks, playgrounds or public space pursuant to this division shall be delineated on the preliminary plat or site plan by the developer. Such plat or site plan shall be referred to the park and recreation commission for its scrutiny and report to the city council of its findings, conclusions, and recommendations, with this referral being in addition to any other referral to other commissions or committees. Sec. 26-129 Revision of dedication If the city council, after receiving the report from the park and recreation commission and the planning commission, shall determine that such area delineated by the developer pursuant to section 26-128 is unsuitable for such purposes, it may require the subdivider or developer to relocate or rearrange such area or to make such changes or revisions of the proposed dedication as it deems necessary; reasonable; and in the best interests of health, safety, general welfare and convenience of the city. Sec. 26-130 Cash in lieu of dedication. (a) The term “undeveloped land value” as used in this section, shall be the market value of the subject land at the time of the application, and to be determined by the city council in its reasonable discretion. As a basis for its decision, the council may request a appraisal at the expense of the subdivider or developer for the purposes of determining such value. Such additional appraisal shall be obtained, if the council deems advisable, from an appraiser selected by the council. Thereafter, the council, with the aid of both appraisals, shall determine the “undeveloped land value”. (b) In lieu of the dedication of land required for the purposes enumerated in the division, the city council may require the subdivider or developer to pay the city, as an equivalent contribution, an amount in cash equal to the product of the percentage of land required to be dedicated, multiplied be the undeveloped land value of the tract to be subdivided or, developed or redeveloped. Such cash payments shall be made to the city prior to the issuance of a building permit, for commercial, industrial uses or accommodation thereof. (c) All cash contributions received by the city are pursuant to this division shall be placed in a special fund and used only for the acquisition of land for parks, playgrounds, public space or the development of existing parks and playground sites, public open spaces and debt retirement in connection with land previously acquired for such public purposes. (d) In cases of redevelopment, credit towards the park dedication due for such redevelopment shall be given for the actual amount of previous park dedication satisfied for the lots proposed. (e) In the event that park dedication was previously satisfied for a larger land area than the lot or lots currently proposed for development, the previously satisfied park dedication amount shall be prorated on a per square foot basis to the lot or lots currently proposed for development. (f) While credits may fully satisfy park dedication due, credits shall not result in refunds of park dedication previously paid. The Maplewood City Council approved this ordinance revision on May 14, 2012. Seconded by Councilmember Llanas Ayes – All The motion passed. Packet Page Number 19 of 347 May 14, 2012 City Council Meeting Minutes 18 J. NEW BUSINESS 1. Acceptance of Comprehensive Annual Financial Report – 2011 Finance Manager Bauman presented the staff report and answered questions of the council. Councilmember Llanas requested that it be noted the firm did an outstanding job and their findings were that the City staff did an outstanding job. Councilmember Llanas moved to approve the Comprehensive Annual Financial Report for 2011. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Preliminary Approval for Issuance of Bonds Finance Manager Bauman presented the staff report. Terri Heaton, Financial Advisor to the City from Springsted, Inc. addressed and answered questions of the council. Councilmember Juenemann moved to approve the resolutions providing preliminary approval for the sale of $5,780,000 General Obligation Bonds, Series 2012A and $2,545,000 General Obligation State Aid Street Refunding Bonds, Series 2012B. RESOLUTION 12-5-735 Resolution Providing for the Competitive Negotiated Sale of $5,780,000 General Obligation Bonds, Series 2012A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $5,780,000 General Obligation Bonds, Series 2012A (the "Bonds") to finance (i) various street improvement projects within the City and (ii) the purchase of capital equipment; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. Packet Page Number 20 of 347 May 14, 2012 City Council Meeting Minutes 19 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. RESOLUTION 12-5-736 Resolution Providing for the Competitive Negotiated Sale of $2,545,000 General Obligation State-Aid Street Refunding Bonds, Series 2012B A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $2,545,000 General Obligation State-Aid Street Refunding Bonds, Series 2012B (the "Bonds") to refund the April 1, 2016 through April 1, 2024 maturities of the City’s General Obligation State-Aid Street Bonds, Series 2004E, dated August 1, 2004; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization . The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening . This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal . The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement Seconded by Councilmember Llanas Ayes – All The motion passed. . In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. 3. Approval of Sign Setback Variances—Holiday Stationstore, 280 McKnight Road South Senior Planner Ekstrand presented the staff report and answered questions of the council. Planning Commissioner Fisher addressed the council and presented the planning commission report. Michael Cronin representing Holiday Stationstores addressed the council and answered questions of the council. Packet Page Number 21 of 347 May 14, 2012 City Council Meeting Minutes 20 Councilmember Llanas moved to approve the resolution for sign-separation variances for Holiday Stationstores located at 280 Knight Road South. RESOLUTION 12-5-737 Variance Resolution WHEREAS, Dave Edquist, of Holiday Stationstores, Inc, applied for the following sign spacing variances for the Holiday Stationstore at 280 McKnight Road South, in order to install dynamic display message signs on their two existing freestanding sign structures: Northerly Freestanding Sign • Reduction of the spacing requirement from the Ramsey County Regional Park from 200 to 90 feet (110 foot variance). • Reduction of the spacing requirement from the townhome property to the south from 200 to 180 feet (20 foot variance). Southerly Freestanding Sign • Reduction of the spacing from the townhome property to the south from 200 to 25 feet (175 foot variance). • Reduction of the side yard spacing requirement from 100 feet to 25 feet (75 foot variance). WHEREAS, the legal description of this property is: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the intersection of the west line of said Northwest Quarter of the Northwest Quarter and the south line of the North 362.00 feet of said Northwest Quarter of the Northwest Quarter; thence easterly along said south line 40.01 feet to the actual point of beginning; thence southerly parallel with the west line of said Northwest Quarter of Section 12, 205.00 feet; thence easterly at a right angle to last described line, 245.00 feet; thence northerly, parallel with the west line of said Northwest Quarter of Section 12, a distance of 211.21 feet to its intersection with the south line of the north 362.00 feet of said Northwest Quarter of the Northwest Quarter; thence westerly along said south line, 245.08 feet to the point of beginning. Except: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey county, Minnesota, described as follows: Commencing at the intersection of the west line of said Northwest Quarter of the Northwest Quarter and the south line of the North 362.00 feet of said Northwest Quarter of the Northwest Quarter; thence easterly along said south line 40.01 feet to the actual point of beginning; thence southerly parallel with the west line of said Northwest Quarter of Section 12, 205.00 feet; thence easterly at a right angle to last described line, 3.00 feet; thence northerly parallel with the west line of said Northwest Quarter of Section 12, a distance of 205.00 feet to its intersection with the south line of the north 362.00 feet of said Northwest Quarter of Northwest Quarter; thence westerly along said south line, 3.00 feet to the point of beginning. WHEREAS, Section 44-743, Dynamic Display Signs, requires that dynamic display signs observe the following minimum separations: • 200 feet from a park or open space Packet Page Number 22 of 347 May 14, 2012 City Council Meeting Minutes 21 • 200 feet from a residential lot line • 100 feet from a side property line WHEREAS, the history of this variance is as follows: 1. On April 24, 2012 the community design review board recommended that the city council approve these variances. 2. The planning commission held a public hearing on May 1, 2012. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve these variances. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above- described variances based on the following findings: 1. Because of the right-angle orientation of the two signs, along with the wooded nature of the nearby regional park, the proposed sign panels would be in harmony with the general purposes and intent of the ordinance. This orientation would prevent them from being seen at the same time and becoming potentially distracting to drivers as could same-orientation signs. 2. The proposed dynamic display sign panel on the north pylon sign is set at a right angle to the wooded open space across Lower Afton Road making it less noticeable from that direction. 3. The two proposed signs would be consistent with the comprehensive plan. They provide commercial-development elements that would be compatible with this commercial site and conform to the goals of the comprehensive plan. 4. There are practical difficulties in complying with the spacing requirements of the ordinance. According to statute, practical difficulties mean that the applicant would use the property in a “reasonable manner” not permitted by the ordinance. In this case, it seems reasonable to staff to allow both signs, because: • The evergreens on the south side of the property would buffer the proposed sign from the nearby neighbors. • The two proposed Holiday dynamic display signs would be set at right angles to each other preventing the appearance of “sign proliferation,” “sign clutter” or adding to “sign distraction.” • The abutting part of the Battle Creek Regional Park is a non-active park. The sign would not be a detraction since this is a wooded area and the only active element is a trail section within the woods. • The site is extensively developed with a commercial building, fuel islands, fueling center and lighting. It is also affected by a significant amount of commercial activity. Considering that, two four by eight foot signs would not be a significant addition to this existing commercial site. Approval is subject to compliance with the following conditions: Packet Page Number 23 of 347 May 14, 2012 City Council Meeting Minutes 22 1. All of the evergreen trees on the south side of the site and south of the southerly pylon sign shall remain. If these evergreens are removed for any reason, whether by the natural death of the trees or by their intentional removal, the south-facing dynamic display sign panel shall be removed. 2. There shall be 100 percent opaque screening of the south pylon sign maintained at all times for the residential dwelling windows to the south. 3. The applicant shall turn off the power to both dynamic display signs after the store closes. The Maplewood City Council approved this resolution on May 14, 2012. Seconded by Councilmember Koppen Ayes – Councilmembers Cardinal, Juenemann, Koppen, Llanas Nays – Mayor Rossbach The motion passed. Mayor Rossbach directed staff to review the dynamic display ordinance. Seconded by Councilmember Juenemann Ayes – All The motion passed. Mayor Rossbach called for a 10 minute break. 4. Approval of Solid Waste Management Ordinance and Standards – First Reading Environmental Planner Finwall presented the staff report and answered questions of the council. Councilmember Llanas moved to approve the First Reading of the Solid Waste Management Ordinance and Standards. Seconded by Councilmember Juenemann Ayes – Mayor Rossbach, Councilmembers Juenemann and Llanas Nays – Councilmember Cardinal Abstain – Councilmember Koppen The motion passed. 5. East Metro Public Safety Training Facility, City Project 09-09 a. Resolution Accepting Feasibility Study and Calling for Public Hearing - 12-5-736 b. Resolution Approving Cooperative Agreement with MnDOT for Property Acquisition - 12-5-737 City Engineer/Deputy Public Works Director Thompson presented the staff report and answered questions of the council. Councilmember Juenemann moved to approve the resolution accepting feasibility study and calling for a public hearing for the East Metro Public Safety Training Facility, City Project 09-09. RESOLUTION 12-5-738 Accepting Feasibility Study and Calling for Public Hearing Packet Page Number 24 of 347 May 14, 2012 City Council Meeting Minutes 23 WHEREAS, a report has been prepared with reference to the improvement of the East Metro Public Safety Training Facility, City Project 09-09, and this report was received by the council on or before May 14, 2012, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the East Metro Public Safety Training Facility, City Project 09-09, in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $4,335,000 for Phase 1; and $8,727,000 if future phases are considered. 2. The city engineer, or designated consultant engineer, is the engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $4,335,000 shall be established. The proposed financing plan is as follows: FUNDING ITEM FUNDING SOURCE AMOUNT 1 STATE BONDING BILL GRANT $3,000,000 2 RAMSEY CO ERF GRANT $450,000 3 CITY EUF FUND $250,000 4 CITY CIP FUND $250,000 5 EAST METRO JPA – SPECIAL ASSESSMENT $175,000 6 MNDOT/MSA STREET ACCOUNT $55,000 7 ST PAUL REGIONAL WATER SERVICES $55,000 8 SANITARY SEWER FUND $50,000 9 ST PAUL WAC FUND $50,000 TOTAL PHASE 1 $4,335,000 4. A public hearing shall be held on such proposed improvement on the 25th day of June, 2012 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Approved this 14th day of May 2012. Seconded by Councilmember Koppen Ayes – All The motion passed. Mayor Rossbach moved to approve the resolution approving cooperative agreement with MnDot for property acquisition. RESOLUTION 12-5-739 Approving Cooperative Agreement with MnDOT for Property Acquisition Packet Page Number 25 of 347 May 14, 2012 City Council Meeting Minutes 24 WHEREAS, under Minnesota Statutes Section 161.44, fee title to or an easement in all or part of the lands previously acquired in fee for trunk highways may be conveyed and quitclaimed for a public purpose to any political subdivision upon the terms and conditions as may be agreed upon between the Commissioner of Transportation and the political subdivision; and WHEREAS, under Minnesota Statutes Section 471.64, a city may enter into a contract with any state agency to acquire property, including real property, from the state agency; and WHEREAS, the City wishes to construct the East Metro Public Safety Training Facility on a portion of the approximately 20 acre site; and WHEREAS, the approximately 14.3 acres the City wishes to obtain is for the East Metro Public Safety Training Facility and related Marshlands Environmental Enhancements, which is further identified in the feasibility study adopted by the City Council on May 14, 2012; and WHEREAS, the State currently uses the Property for purposes of maintenance operations and wishes to retain approximately 6.2 acres of the site for such purpose; and WHEREAS, the City and State have identified 6.2 acres to best accommodate the State needs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: The City Council hereby approves the Cooperative Agreement with MnDOT for the acquisition of real Property in accordance with provisions in said Agreement. The City Council further authorizes the Mayor and City Manager to execute said Agreement. Approved by the Maplewood City Council this 14th day of May 2012. Seconded by Councilmember Koppen Ayes – All The motion passed. K. AWARD OF BIDS 1. Gladstone Area Redevelopment Improvements – Phase 1: Bid Package 2, Project 04-21, Resolution Receiving Bids and Awarding Construction Contract City Engineer/Deputy Public Works Director Thompson presented the staff report and answered questions of the council. Councilmember Cardinal moved to approve the resolution receiving bids and awarding the construction contract for the Gladstone Area Redevelopment Improvements – Phase 1 (bid package 2), City Project 04-21 to Arnt Construction Company, Inc. RESOLUTION 12-5-740 Receiving Bids and Awarding Construction Contract NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Arnt Construction Company, Inc. in the amount of $990,186.60, for the Base Bid and Bid Alternates 1 and 2, is the lowest responsible bid for the construction of the Gladstone Area Redevelopment Improvements – Phase 1 (Bid Package 2), Project 04-21, and Packet Page Number 26 of 347 May 14, 2012 City Council Meeting Minutes 25 the mayor and city manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by council and detailed below. Adopted by the council on this 14th day of May, 2012. Seconded by Councilmember Koppen Ayes – All The motion passed. L. ADMINISTRATIVE PRESENTATIONS 1. Reminder of Cancellation of May 28th Council Meeting in Observance of Memorial Day Mayor Rossbach reminded the council that the council meeting scheduled for Monday, May 28, 2012 has been cancelled. 2. Update on Taste of Maplewood Event Citizen Services Director/City Clerk Guilfoile presented the staff report informing the city council that the Taste of Maplewood would be held on July 4th with the return of July 4th fireworks. 3. Gun Range Update City Manager Antonen gave an update to the council on citizens concerns regarding the gun range that is located in the City. Mr. Antonen stated that a meeting would be held on June 6th with all parties involved and that he would keep the council informed of the progress. M. COUNCIL PRESENTATIONS 1. Fish Creek Councilmember Juenemann thanked individuals working on the project and stated that efforts to obtain the property are continuing. FUNDING SOURCE TOTAL AMOUNT DEVELOPER SPECIAL ASSESSMENT $2,200,000 MUNICIPAL STATE AID BONDS $1,050,000 Mn/DOT BRIDGE FUNDS $1,371,300 DEBT SERVICE $1,037,000 SEWER FUND $175,000 ST. PAUL WAC FUND $100,000 ENVIORNMENTAL UTILITY FUND (EUF)$725,000 STREET LIGHT FUND $715,000 PAC FUND (DEVELOPER CASH)$140,000 TREE FUND (DEVELOPER CAS)$25,000 EXISTING PAC FUND $140,000 TOTAL FUNDING $7,678,300 Packet Page Number 27 of 347 May 14, 2012 City Council Meeting Minutes 26 2. Tree City USA Councilmember Juenemann informed residents that for the second year in a row, the City of Maplewood has been awarded Tree City USA Award. 3. Law Enforcement Memorial – May 17, 2012 Councilmember Juenemann asked Police Chief Thomalla to give a brief presentation about the Law Enforcement Memorial that will be held on Thursday, May 17, 2012. 4. Listening Forum Councilmember Llanas requested that the Listening Forum that is held before each regularly scheduled council meeting at 6:30 p.m. be put on a future agenda in order to possibly put some formality to the Forum. 5. Council Votes Mayor Rossbach asked councilmember Cardinal about his vote supporting an agenda item but then signing a petition against the item. N. ADJOURNMENT Mayor Rossbach adjourned the meeting at 10:53 p.m. Packet Page Number 28 of 347 Agenda Item F1 Agenda Report TO: James W. Antonen, City Manager FROM: Charles Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: June 5, 2012 SUBJECT: Appointments Commissions a. Human Rights Commission b. Planning Commission INTRODUCTION/SUMMARY There are a total of six openings: one on the Business & Economic Development Commission; two on the Human Rights Commission; one on the Parks & Recreation Commission, and two on the Planning Commission. These are vacancies due to terms expiring, which were not filled during the last round of interviews, and some resignations. The City has advertised and accepted applications from interested individuals. The Council interviewed three applicants during the June 4th Council Workshop and one applicant during the June 11th Workshop and filled out ballots, which staff has tallied. RECOMMENDATION Staff recommends the City Council approve the attached resolution to appoint candidates to the commissions indicated. Human Rights Commission - Julie Xiong, term expires May 1, 2015 - ______________, term expires May 1, 2014 Planning Commission - Stephen Wensman, term expires December 31, 2012 Attachments: 1. Resolution for Appointment Packet Page Number 29 of 347 Attachment 1 RESOLUTION NO. ______ BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Human Rights Commission - Julie Xiong, term expires May 1, 2015 - ______________, term expires May 1, 2014 Planning Commission - Stephen Wensman, term expires December 31, 2012 Packet Page Number 30 of 347 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 5-11-12 and 5-18-12 and 5-25-12 and 6-1-12.xlsx AGENDA NO.G-1 TO:City Council FROM:Finance Manager RE:APPROVAL OF CLAIMS DATE: 124,532.61$ Checks # 87052 thru # 87094 dated 5/9/12 thru 5/15/12 256,795.08$ Disbursements via debits to checking account dated 5/7/12 thru 5/11/12 169,993.26$ Checks # 87095 thru # 87130 dated 5/22/12 340,969.06$ Disbursements via debits to checking account dated 5/14/12 thru 5/18/12 268,080.78$ Checks # 87131 thru # 87171 dated 5/23/12 thru 5/29/12 205,932.71$ Disbursements via debits to checking account dated 5/21/12 thru 5/25/12 84,183.42$ Checks # 87173 thru # 87202 dated 5/29/12 thru 6/5/12 385,087.98$ Disbursements via debits to checking account dated 5/29/12 thru 6/1/12 1,835,574.90$ Total Accounts Payable 493,126.60$ Payroll Checks and Direct Deposits dated 5/11/12 2,265.89$ Payroll Deduction check # 9986835 thru # 9986839 dated 5/11/12 502,673.82$ Payroll Checks and Direct Deposits dated 5/25/12 2,200.89$ Payroll Deduction check # 9986862 thru # 9986865 dated 5/25/12 1,000,267.20$ Total Payroll 2,835,842.10$ GRAND TOTAL sb attachments 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. PAYROLL AGENDA REPORT April 14, 2008 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: Packet Page Number 31 of 347 Check Description Amount 87052 02464 Funds for ATM 10,000.00 87053 02780 RECWARE 2012 SUPPORT CONTRACT 11,395.82 87054 00240 APPLICANT BACKGROUND CHECK 50.00 87055 04137 KARATE INSTRUCTION - MARCH 767.50 04137 KARATE INSTRUCTION - APRIL 762.50 04137 KARATE INSTRUCTION - FEB 396.25 87056 01973 CAR WASHES - APRIL 80.00 87057 04572 REPAIR OF ROOF LEAKS AT CITY HALL 2,062.00 87058 03809 RED CROSS CLASS INSTRUCTION 144.00 87059 01819 LOCAL PHONE SERVICE 03/15 - 04/14 834.98 87060 01463 MCC MASSAGES - APRIL 1-15 981.50 87061 02274 SPRINT SRVS 03/15 -04/14 8,076.30 87062 01574 BITUMINOUS MATERIALS NOT TO EXCEED 2,996.39 87063 04845 RECYCLING FEE - APRIL 27,499.50 87064 04192 EMS BILLING - APRIL 3,532.05 87065 01803 GUTTER BROOMS - STREET SWEEPERS 2,239.03 87066 03964 LOCATE FIBER OPTIC CABLES 191.03 03964 LOCATE FIBER OPTIC CABLES 171.03 87067 01769 COPIES OF VEHICLE KEYS 551.83 87068 00163 NEW DRIVE TIRES - FIRE- TANKER #1 3,385.27 87069 03738 ATTORNEY SRVS FEES/RENT - JUNE 6,775.00 87070 00230 BASE MATERIALS-MARYLAND CULVERT 690.15 87071 03200 SECRUITY OFFICER MCC 4/27 & 5/5 315.00 87072 00460 PROJ 11-15 CONCRETE FOR CONST 2,263.83 87073 04939 DAY TRIP PLANNER APRIL 28 40.00 87074 00816 REPLACE LEAF SPRINGS TRUCK #537 2,177.27 87075 00912 6000 SERIES ZERO TURN MOWER~12,313.05 87076 02545 RELEASE ESCROW DEV PROJ 11-23 478.80 87077 02215 SECRUITY OFFICER MCC APRIL 27 70.00 87078 00942 SEWER BACKUP 1522 SHERREN AVE 577.13 87079 04988 ACUPUNCTURIST - APRIL 210.00 87080 04849 TEXAS HOLD'EM INSTRUCTOR - APRIL 108.00 87081 00001 REFUND TOTAL CONST BL-12-34708 1,328.89 87082 00001 REFUND WS&D PERMIT SRVS BL-12-34253 97.00 87083 01359 CAR WASHES - JUNE-SEPT 2011 428.05 87084 01340 MEDICAL SUPPLIES 41.75 87085 03446 DEER REMOVAL - APRIL 115.00 87086 04875 PUBLICATION OF AD FOR BID 374.50 87087 04256 RENEWAL OF MICROSOFT SOFTWARE 3,214.50 87088 01836 SRVS PROVIDED TO PD - MAY 5,196.09 87089 04292 SPEAKER FOR ADULT BIRDING SEMINAR 290.00 87090 04965 CERAMICS INSTRUCTOR - APRIL 237.50 87091 03869 REIMB FOR TUITION & BOOKS 1/10-4/25 1,730.56 87092 01669 VEHICLE TOW FOR INVESTIGATION 213.75 87093 02464 PAYING AGENT FEES 431.25 87094 05008 CAT 304 EXCAVATOR 8,698.56 124,532.6143Checks in this report. 05/15/2012 TWIN CITIES TRANSPORT & 05/15/2012 US BANK 05/15/2012 VERITA EXCHANGE CORP 05/15/2012 ST. PAUL AUDUBON SOCIETY 05/15/2012 SANDRA JEAN STAUNER 05/15/2012 JOE STEINER 05/15/2012 SGC HORIZON LLC 05/15/2012 SHI INTERNATIONAL CORP 05/15/2012 CITY OF ST PAUL 05/15/2012 REGAL AUTO WASH BILLING 05/15/2012 REGIONS HOSPITAL 05/15/2012 RICK JOHNSON DEER & BEAVER INC 05/15/2012 RICHARD NIELSEN 05/15/2012 ONE TIME VENDOR 05/15/2012 ONE TIME VENDOR 05/15/2012 JASON MARINO 05/15/2012 MARSDEN BLDG MAINTENANCE CO 05/15/2012 ANN MONGEAU 05/15/2012 KREMER SERVICES, LLC 05/15/2012 M T I DISTRIBUTING CO 05/15/2012 MAPLEWOOD TOYOTA 05/15/2012 KEVIN COFFEY 05/15/2012 CRETEX CONCRETE PRODUCTS NORTH 05/15/2012 KATHLEEN KIRCHOFF 05/15/2012 BAUER BUILT 05/15/2012 CHARLES E. BETHEL 05/15/2012 BRYAN ROCK PRODUCTS, INC. 05/15/2012 ACCESS COMMUNICATIONS INC 05/15/2012 ACCESS COMMUNICATIONS INC 05/15/2012 BARNETT WHITE BEAR 05/15/2012 TENNIS SANITATION LLC 05/15/2012 TRANS-MEDIC 05/15/2012 ZARNOTH BRUSH WORKS, INC. 05/15/2012 SISTER ROSALIND GEFRE 05/15/2012 SPRINT 05/15/2012 T.A. SCHIFSKY & SONS, INC 05/15/2012 ETTEL & FRANZ 05/15/2012 CASIE JACKSON 05/15/2012 PAETEC 05/15/2012 THE EDGE MARTIAL ARTS 05/15/2012 THE EDGE MARTIAL ARTS 05/15/2012 ERICKSON OIL PRODUCTS INC 05/15/2012 THE ACTIVE NETWORK INC 05/15/2012 C.S.C. CREDIT SERVICES 05/15/2012 THE EDGE MARTIAL ARTS 05/09/2012 US BANK Check Register City of Maplewood 05/11/2012 Date Vendor Packet Page Number 32 of 347 Settlement Date Payee Description Amount 5/7/2012 MN State Treasurer Drivers License/Deputy Registrar 23,397.65 5/8/2012 MN State Treasurer Drivers License/Deputy Registrar 50,051.88 5/9/2012 MN State Treasurer Drivers License/Deputy Registrar 38,550.37 5/10/2012 MN State Treasurer Drivers License/Deputy Registrar 33,996.17 5/10/2012 ICMA (Vantagepointe)Deferred Compensation 4,295.15 5/10/2012 Labor Unions Union Dues 1,886.00 5/11/2012 MN State Treasurer Drivers License/Deputy Registrar 26,458.64 5/11/2012 MN Dept of Natural Resources DNR electronic licenses 2,691.25 5/11/2012 US Bank VISA One Card*Purchasing card items 48,171.97 5/11/2012 ING - State Plan Deferred Compensation 27,296.00 TOTAL 256,795.08 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 33 of 347 Transaction Date Posting Date Merchant Name Transaction Amount Name 04/26/2012 04/27/2012 OLD LOG THEATER $193.50 MANDY ANZALDI 04/28/2012 04/30/2012 ALEXIS BAILLY VINEYARD $24.00 MANDY ANZALDI 04/29/2012 04/30/2012 OLD WORLD PIZZA $97.48 MANDY ANZALDI 05/02/2012 05/04/2012 JOANN ETC #1970 ($90.09)MANDY ANZALDI 04/23/2012 04/24/2012 LA POLICE GEAR INC ($19.56)PAUL BARTZ 04/28/2012 04/30/2012 DEGE GARDEN CENTER $17.05 OAKLEY BIESANZ 04/21/2012 04/23/2012 INT'L CODE COUNCIL INC $70.00 JASON BRASH 04/20/2012 04/23/2012 OFFICE DEPOT #1090 $55.84 SARAH BURLINGAME 04/20/2012 04/23/2012 OFFICE DEPOT #1079 $4.27 SARAH BURLINGAME 04/23/2012 04/25/2012 SUBWAY 00052159 $67.76 SARAH BURLINGAME 04/24/2012 04/26/2012 OFFICE DEPOT #1090 $36.42 SARAH BURLINGAME 04/26/2012 04/30/2012 OFFICE DEPOT #1090 $18.04 SARAH BURLINGAME 04/28/2012 04/30/2012 EXPRESS STE RVRPORTINN $88.69 SARAH BURLINGAME 04/30/2012 05/02/2012 METRO SALES INC $41.35 SARAH BURLINGAME 05/01/2012 05/03/2012 OFFICE DEPOT #1090 $29.12 SARAH BURLINGAME 05/01/2012 05/03/2012 OFFICE DEPOT #1105 $137.38 SARAH BURLINGAME 05/02/2012 05/03/2012 PAYMENT SERVICES $43.92 SARAH BURLINGAME 05/02/2012 05/03/2012 FIRST SHRED $125.00 SARAH BURLINGAME 04/20/2012 04/23/2012 LAW ENFORCEMENT TARGETS $394.48 DAN BUSACK 04/21/2012 04/23/2012 AUTOZONE3948 $29.26 JOHN CAPISTRANT 04/26/2012 04/30/2012 NAPA STORE 3279016 $18.17 JOHN CAPISTRANT 04/19/2012 04/23/2012 THE HOME DEPOT 2801 $181.04 SCOTT CHRISTENSON 04/21/2012 04/23/2012 ALERT PROGRAMS $200.00 SCOTT CHRISTENSON 04/24/2012 04/25/2012 VIKING ELECTRIC - CREDIT $12.83 SCOTT CHRISTENSON 04/24/2012 04/25/2012 VIKING ELECTRIC - CREDIT $106.88 SCOTT CHRISTENSON 04/30/2012 05/01/2012 MENARDS 3022 $16.25 SCOTT CHRISTENSON 04/30/2012 05/02/2012 THE HOME DEPOT 2801 $27.01 SCOTT CHRISTENSON 04/30/2012 05/02/2012 MILLS FLEET FARM #2,700 $46.67 SCOTT CHRISTENSON 05/02/2012 05/03/2012 VIKING ELECTRIC - CREDIT $100.39 SCOTT CHRISTENSON 04/19/2012 04/23/2012 THE HOME DEPOT 2810 $2.15 CHARLES DEAVER 04/28/2012 04/30/2012 MENARDS 3022 $1.28 CHARLES DEAVER 05/03/2012 05/04/2012 INTOXIMETERS $85.50 RICHARD DOBLAR 04/21/2012 04/23/2012 SPORTSMITH $34.81 TOM DOUGLASS 04/23/2012 04/25/2012 MED-FIT SYSTEMS, INC.$97.94 TOM DOUGLASS 04/23/2012 04/25/2012 THE HOME DEPOT 2801 $72.34 TOM DOUGLASS 04/25/2012 04/26/2012 HENRIKSEN ACE HARDWARE $13.92 TOM DOUGLASS 04/25/2012 04/30/2012 MED-FIT SYSTEMS, INC.$77.20 TOM DOUGLASS 04/26/2012 04/30/2012 THE HOME DEPOT 2801 $2.00 TOM DOUGLASS 04/27/2012 04/30/2012 STAR TRAC $108.37 TOM DOUGLASS 04/30/2012 05/01/2012 WW GRAINGER $50.07 TOM DOUGLASS 05/01/2012 05/02/2012 WW GRAINGER $64.28 TOM DOUGLASS 05/03/2012 05/04/2012 THERMO DYNE INC $850.00 TOM DOUGLASS 04/23/2012 04/25/2012 PRO-SHOT PRODUCTS INC. (2 $107.99 MICHAEL DUGAS 05/03/2012 05/04/2012 BROCK WHITE ST PAUL 180 $212.59 DOUG EDGE 05/03/2012 05/04/2012 WW GRAINGER $95.90 DOUG EDGE 04/26/2012 04/27/2012 JOHN DEERE LANDSCAPES530 $383.44 DAVE EDSON 05/01/2012 05/02/2012 HIRSHFIELDS ST PAUL CSC $1,306.87 DAVE EDSON 05/01/2012 05/02/2012 HIRSHFIELDS ST PAUL CSC $1,306.87 DAVE EDSON 04/26/2012 04/27/2012 CBANKS #4010 $189.23 VIRGINIA ERICKSON 04/20/2012 04/23/2012 METROPOLITAN MECHANICAL C $1,245.95 LARRY FARR 04/20/2012 04/23/2012 MOBILE RADIO ENGINEERI $446.22 LARRY FARR 04/20/2012 04/24/2012 WW GRAINGER $241.63 LARRY FARR 04/23/2012 04/24/2012 BATTERIES PLUS #31 $51.36 LARRY FARR 04/23/2012 04/24/2012 AQUA LOGICS INC $945.77 LARRY FARR 04/23/2012 04/25/2012 THE HOME DEPOT 2801 $279.19 LARRY FARR 04/24/2012 04/25/2012 EXTRACTOR CORPORATION $1,213.00 LARRY FARR Packet Page Number 34 of 347 04/26/2012 04/30/2012 SEARS ROEBUCK 1052 $207.91 LARRY FARR 04/30/2012 05/02/2012 ADAM'S PEST CONTROL INC $150.46 LARRY FARR 05/01/2012 05/02/2012 WM EZPAY $474.20 LARRY FARR 05/03/2012 05/04/2012 SCHINDLER ELEVATOR CORP $617.73 LARRY FARR 05/03/2012 05/04/2012 ELECTRO WATCHMAN INC $382.33 LARRY FARR 04/20/2012 04/23/2012 DOROTHY ANN BAKERY $22.80 SHANN FINWALL 04/20/2012 04/23/2012 KWIK TRIP 40700004077 $1.99 SHANN FINWALL 04/20/2012 04/23/2012 CUB FOODS, INC.$26.02 SHANN FINWALL 04/20/2012 04/23/2012 CARIBOU COFFEE CO #1152 $38.53 SHANN FINWALL 04/20/2012 04/23/2012 HOLIDAY STNSTORE 3871 $1.89 SHANN FINWALL 04/21/2012 04/23/2012 MADDIES MARKET $3.18 SHANN FINWALL 04/20/2012 04/23/2012 THE PERCS INDEX $525.48 MYCHAL FOWLDS 04/21/2012 04/23/2012 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 04/25/2012 04/26/2012 IDU*PUBLIC SECTOR $1,064.24 MYCHAL FOWLDS 05/02/2012 05/03/2012 TOSHIBA BUSINESS SOLUTION $712.02 MYCHAL FOWLDS 05/02/2012 05/03/2012 TOSHIBA BUSINESS SOLUTION $132.17 MYCHAL FOWLDS 05/02/2012 05/04/2012 VERIZON WRLS MYACCT VN $293.13 MYCHAL FOWLDS 04/21/2012 04/23/2012 IDU*PUBLIC SECTOR $27.91 NICK FRANZEN 04/25/2012 04/26/2012 HP PRODUCT SVC&RPR $21.43 NICK FRANZEN 05/02/2012 05/04/2012 MICROSOFT TECH SUPPORT $259.00 NICK FRANZEN 04/20/2012 04/24/2012 NIKE MALL OF AMERICA 367 $100.00 JOHN FRASER 04/20/2012 04/23/2012 IP JACKSON RAMP $7.00 VIRGINIA GAYNOR 05/03/2012 05/04/2012 LAKESHORE LEARNING #41 $0.62 CAROLE GERNES 04/20/2012 04/23/2012 EINSTEIN BROS BAGELS2620 $8.27 CLARENCE GERVAIS 04/20/2012 04/23/2012 AAA AMBASSADOR TAXI $32.40 CLARENCE GERVAIS 04/20/2012 04/23/2012 WESTIN INDIANAPOLIS HOTEL $668.65 CLARENCE GERVAIS 05/01/2012 05/02/2012 INTERNATIONAL ASSOC $75.00 CLARENCE GERVAIS 05/01/2012 05/02/2012 EMERGENCY AUTOMOTIVE $202.25 CLARENCE GERVAIS 04/23/2012 04/24/2012 CSD $178.00 JEAN GLASS 04/26/2012 04/30/2012 OFFICE DEPOT #1090 $79.59 JEAN GLASS 05/01/2012 05/02/2012 TARGET 00011858 $6.95 MARK HAAG 05/02/2012 05/03/2012 MENARDS 3022 $62.22 MARK HAAG 04/21/2012 04/23/2012 THE HOME DEPOT 2801 $78.55 MILES HAMRE 05/01/2012 05/02/2012 HENRIKSEN ACE HARDWARE $4.47 TAMARA HAYS 04/27/2012 04/30/2012 JOHN DEERE LANDSCAPES530 $770.45 GARY HINNENKAMP 04/29/2012 05/01/2012 MILLS FLEET FARM #2,700 $76.62 GARY HINNENKAMP 05/01/2012 05/02/2012 FASTENAL COMPANY01 $27.25 GARY HINNENKAMP 04/27/2012 04/30/2012 USPS 26833800033400730 $10.10 ANN HUTCHINSON 04/25/2012 04/26/2012 SPARTAN PROMOTIONAL GRP $390.25 KEVIN JOHNSON 05/03/2012 05/04/2012 UNIFORMS UNLIMITED INC.$170.86 KEVIN JOHNSON 04/24/2012 04/25/2012 MOGREN LANDSCAPING $19.50 DON JONES 04/26/2012 04/27/2012 MENARDS 3059 $60.51 TOM KALKA 05/02/2012 05/04/2012 SHELL OIL 57444610000 $27.00 TOM KALKA 04/27/2012 04/30/2012 CSD $300.00 LOIS KNUTSON 04/25/2012 04/26/2012 WWW.NEWEGG.COM $15.99 JASON KREGER 04/25/2012 04/26/2012 WWW.NEWEGG.COM $62.78 JASON KREGER 04/30/2012 05/01/2012 MENARDS 3059 $2.74 NICHOLAS KREKELER 05/01/2012 05/02/2012 MENARDS 3059 $2.74 NICHOLAS KREKELER 04/26/2012 04/30/2012 BOARD OF AELSLAGID $135.50 STEVEN KUMMER 04/20/2012 04/23/2012 HEALTHEAST TRANSPORTATN $2,978.15 DAVID KVAM 04/20/2012 04/23/2012 HEALTHEAST TRANSPORTATN $75.97 DAVID KVAM 04/20/2012 04/23/2012 STREICHER'S MO $1,200.00 DAVID KVAM 04/23/2012 04/25/2012 TGI_FRIDAYS #0260 $30.75 DAVID KVAM 04/24/2012 04/26/2012 GREEN MILL $12.00 DAVID KVAM 04/25/2012 04/27/2012 GREEN MILL $8.85 DAVID KVAM 04/26/2012 04/30/2012 GREEN MILL $12.27 DAVID KVAM 04/26/2012 04/30/2012 BEST WESTERN HOTELS - ST.$259.59 DAVID KVAM Packet Page Number 35 of 347 04/27/2012 04/30/2012 ITL PATCH COMPANY INC $1,087.93 DAVID KVAM 05/02/2012 05/03/2012 EMERGENCY AUTOMOTIVE $1,385.95 DAVID KVAM 04/26/2012 04/30/2012 BOARD OF AELSLAGID $271.00 STEVE LOVE 04/19/2012 04/23/2012 INDIANA CC CONCESS $7.09 STEVE LUKIN 04/20/2012 04/23/2012 CAFE PATACHOU PARK PLACE $18.91 STEVE LUKIN 04/20/2012 04/23/2012 AIRGAS NORTH CENTRAL $266.21 STEVE LUKIN 04/20/2012 04/23/2012 AIRGAS NORTH CENTRAL $267.90 STEVE LUKIN 04/20/2012 04/23/2012 PEN*FDIC/FIRE ENGINEER $75.00 STEVE LUKIN 04/20/2012 04/23/2012 PF CHANG'S #8400 $16.90 STEVE LUKIN 04/21/2012 04/23/2012 MSP AIRPORT PARKING $54.00 STEVE LUKIN 04/21/2012 04/23/2012 WESTIN INDIANAPOLIS HOTEL $432.90 STEVE LUKIN 04/27/2012 04/30/2012 METRO FIRE $42.93 STEVE LUKIN 04/27/2012 04/30/2012 EMERGENCY AUTOMOTIVE $14.63 STEVE LUKIN 05/02/2012 05/03/2012 METRO FIRE $600.34 STEVE LUKIN 05/02/2012 05/04/2012 H O BOSTROM CO $86.25 STEVE LUKIN 04/25/2012 04/26/2012 UNIFORMS UNLIMITED INC.$43.28 JERROLD MARTIN 04/23/2012 04/24/2012 PANERA BREAD #1305 $28.75 MICHAEL MONDOR 04/27/2012 04/30/2012 BOUND TREE MEDICAL LLC $1,241.73 MICHAEL MONDOR 04/30/2012 05/01/2012 CENTURY COLLEGE-BO $168.00 MICHAEL MONDOR 05/02/2012 05/03/2012 BOUND TREE MEDICAL LLC $197.85 MICHAEL MONDOR 04/24/2012 04/26/2012 THE HOME DEPOT 2801 $76.20 MICHAEL NYE 05/01/2012 05/02/2012 PANAVISE PRODUCTS INC.$33.00 MICHAEL NYE 04/26/2012 04/27/2012 WINNICK SUPPLY $42.23 ERICK OSWALD 04/26/2012 04/27/2012 ESCH CONSTRUCTION SUPPLY $751.23 ERICK OSWALD 04/22/2012 04/23/2012 TARGET 00021352 $11.44 MARY KAY PALANK 04/23/2012 04/25/2012 OFFICE DEPOT #1090 $80.72 MARY KAY PALANK 04/24/2012 04/26/2012 OFFICE DEPOT #1090 $49.90 MARY KAY PALANK 05/02/2012 05/04/2012 OFFICE DEPOT #1090 $53.70 MARY KAY PALANK 05/02/2012 05/02/2012 WEDDINGPAGES INC $300.00 CHRISTINE PENN 04/23/2012 04/24/2012 TARGET 00011858 $4.70 ROBERT PETERSON 04/20/2012 04/23/2012 ONLINE LABELS $106.90 PHILIP F POWELL 04/26/2012 04/30/2012 HP HOME STORE $169.34 PHILIP F POWELL 04/27/2012 04/30/2012 AMAZON MKTPLACE PMTS $82.45 PHILIP F POWELL 05/04/2012 05/04/2012 ULINE *SHIP SUPPLIES $48.40 PHILIP F POWELL 04/19/2012 04/23/2012 TURF WERKS OMAHA $1,465.18 STEVEN PRIEM 04/19/2012 04/23/2012 AUTO PLUS NO ST PAUL $69.92 STEVEN PRIEM 04/20/2012 04/23/2012 AUTO PLUS NO ST PAUL $44.89 STEVEN PRIEM 04/23/2012 04/24/2012 UNITED RENTALS ($145.73)STEVEN PRIEM 04/23/2012 04/24/2012 FACTORY MTR PTS #1 $86.99 STEVEN PRIEM 04/23/2012 04/25/2012 CARQUEST 01021229 $7.39 STEVEN PRIEM 04/23/2012 04/25/2012 KREMER SERVICES $513.39 STEVEN PRIEM 04/24/2012 04/25/2012 FACTORY MTR PTS #1 $279.29 STEVEN PRIEM 04/24/2012 04/25/2012 AUTO PLUS LITTLE CANADA $2.57 STEVEN PRIEM 04/24/2012 04/26/2012 CARQUEST 01021229 $54.73 STEVEN PRIEM 04/24/2012 04/26/2012 TRI-STATE BOBCAT INC.$463.22 STEVEN PRIEM 04/25/2012 04/26/2012 POLAR CHEVROLET MAZDA PAR $8.89 STEVEN PRIEM 04/25/2012 04/26/2012 POLAR CHEVROLET MAZDA PAR $106.80 STEVEN PRIEM 04/25/2012 04/27/2012 TOUSLEY FORD I27228006 $30.71 STEVEN PRIEM 04/25/2012 04/27/2012 AUTO PLUS NO ST PAUL $92.47 STEVEN PRIEM 04/25/2012 04/27/2012 NORTHERN TOOL EQUIP-MN $37.44 STEVEN PRIEM 04/26/2012 04/27/2012 UNITED RENTALS $145.73 STEVEN PRIEM 04/26/2012 04/27/2012 GOODYEAR AUTO SRV CT 6920 $52.00 STEVEN PRIEM 04/26/2012 04/27/2012 POLAR CHEVROLET MAZDA PAR $1.21 STEVEN PRIEM 04/26/2012 04/27/2012 BAUER BUILT TIRE 18 $10.52 STEVEN PRIEM 04/26/2012 04/27/2012 BAUER BUILT TIRE 18 $8.35 STEVEN PRIEM 04/26/2012 04/27/2012 BAUER BUILT TIRE 18 $692.26 STEVEN PRIEM 04/26/2012 04/30/2012 TRI-STATE BOBCAT INC.$87.23 STEVEN PRIEM Packet Page Number 36 of 347 04/26/2012 05/01/2012 POLAR CHEVROLET MAZDA PAR ($8.89)STEVEN PRIEM 04/27/2012 04/30/2012 BOYER TRUCK PARTS $56.57 STEVEN PRIEM 04/30/2012 05/01/2012 AUTO PLUS NO ST PAUL $20.10 STEVEN PRIEM 04/30/2012 05/01/2012 ZIEGLER INC COLUMBUS $55.62 STEVEN PRIEM 04/30/2012 05/02/2012 TRI-STATE BOBCAT INC.$84.30 STEVEN PRIEM 05/01/2012 05/02/2012 AUTO PLUS NO ST PAUL $9.33 STEVEN PRIEM 05/01/2012 05/02/2012 GOODYEAR AUTO SRV CT 6920 $48.69 STEVEN PRIEM 05/02/2012 05/03/2012 FACTORY MTR PTS #1 ($73.46)STEVEN PRIEM 05/02/2012 05/03/2012 AUTO PLUS NO ST PAUL $111.14 STEVEN PRIEM 05/03/2012 05/04/2012 AUTO PLUS NO ST PAUL $407.03 STEVEN PRIEM 05/03/2012 05/04/2012 SOL*SNAP-ON INDUSTRIAL $1,058.59 STEVEN PRIEM 04/24/2012 04/26/2012 THE HOME DEPOT 2801 $87.16 KELLY PRINS 04/23/2012 04/25/2012 DALCO ENTERPRISES, INC $599.71 MICHAEL REILLY 04/24/2012 04/25/2012 HILLYARD INC MINNEAPOLIS $1,327.49 MICHAEL REILLY 04/12/2012 04/23/2012 AMERICAN RED CROSS TWIN C $89.70 AUDRA ROBBINS 04/21/2012 04/23/2012 SUBWAY 00052159 $12.86 AUDRA ROBBINS 04/26/2012 04/27/2012 PARTY CITY #768 ($37.95)AUDRA ROBBINS 04/26/2012 04/27/2012 PARTY CITY #768 ($79.19)AUDRA ROBBINS 05/02/2012 05/03/2012 TARGET 00006197 $8.74 AUDRA ROBBINS 05/02/2012 05/03/2012 INTUIT PAYMENTNETWORK (IP $463.00 AUDRA ROBBINS 05/02/2012 05/04/2012 AMERICAN RED CROSS TWIN C $149.50 AUDRA ROBBINS 04/24/2012 04/25/2012 LILLIE SUBURBAN NEWSPAPE $54.00 DEB SCHMIDT 04/27/2012 04/30/2012 PITNEY BOWES INVOICE ($42.85)DEB SCHMIDT 04/27/2012 04/30/2012 LILLIE SUBURBAN NEWSPAPE $510.00 DEB SCHMIDT 04/28/2012 04/30/2012 PITNEY BOWES*$258.93 DEB SCHMIDT 05/01/2012 05/02/2012 T-MOBILE.COM*PAYMENT $31.03 DEB SCHMIDT 05/01/2012 05/03/2012 PAPER PLUS-ROS00108803 $578.48 DEB SCHMIDT 05/01/2012 05/03/2012 PAPER PLUS-ROS00108803 $244.25 DEB SCHMIDT 05/01/2012 05/03/2012 PAPER PLUS-ROS00108803 $1,092.68 DEB SCHMIDT 05/02/2012 05/04/2012 OFFICE DEPOT #1090 $110.94 DEB SCHMIDT 04/20/2012 04/23/2012 SPRINT STORE #226 $37.49 SCOTT SCHULTZ 05/01/2012 05/03/2012 USA MOBILITY WIRELE $16.11 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.49 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $7.48 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $3.75 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $104.74 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ Packet Page Number 37 of 347 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 05/02/2012 05/04/2012 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 04/23/2012 04/24/2012 TARGET 00011858 $74.92 CAITLIN SHERRILL 04/23/2012 04/24/2012 CUB FOODS, INC.$37.93 CAITLIN SHERRILL 04/23/2012 04/24/2012 PARTY CITY #768 $87.84 CAITLIN SHERRILL 04/28/2012 04/30/2012 TARGET 00011858 $46.13 CAITLIN SHERRILL 04/28/2012 04/30/2012 TARGET 00011858 $45.00 CAITLIN SHERRILL 04/28/2012 04/30/2012 PARTY CITY #768 $19.24 CAITLIN SHERRILL 04/30/2012 05/01/2012 TARGET 00011858 ($25.94)CAITLIN SHERRILL 05/01/2012 05/02/2012 HEJNY RENTAL INC $293.54 CAITLIN SHERRILL 05/01/2012 05/02/2012 HEJNY RENTAL INC $9.27 CAITLIN SHERRILL 04/23/2012 04/25/2012 PARABEN CORPORATION $360.00 MICHAEL SHORTREED 04/26/2012 04/30/2012 371 DINER $16.50 MICHAEL SHORTREED 04/27/2012 04/30/2012 CULVER'S #202 $13.72 MICHAEL SHORTREED 04/29/2012 05/01/2012 THE MENS WEARHOUSE #4107 $500.00 MICHAEL SHORTREED 04/30/2012 05/02/2012 MICRO CENTER #045 RETAIL $45.03 MICHAEL SHORTREED 05/02/2012 05/04/2012 OFFICE DEPOT #1090 $131.42 ANDREA SINDT 04/30/2012 05/01/2012 ATOM $125.00 JOANNE SVENDSEN 05/03/2012 05/04/2012 ATOM $125.00 JOANNE SVENDSEN 04/28/2012 04/30/2012 CUB FOODS, INC.$21.41 RONALD SVENDSEN 04/28/2012 05/01/2012 GRUBERS POWER EQUIPMENT $28.69 RONALD SVENDSEN 04/23/2012 04/25/2012 UNIFORMS UNLIMITED INC.$60.09 BRIAN TAUZELL 04/23/2012 04/23/2012 PAYPAL *KINGSTRUEVA $12.15 DAVID THOMALLA 04/26/2012 04/30/2012 BEST WESTERN HOTELS - ST.$400.04 DAVID THOMALLA 05/03/2012 05/04/2012 ARROWWOOD RESORT & CONF C $82.29 DAVID THOMALLA 04/19/2012 04/23/2012 APPLEBEES 821319219187 $41.51 JOE TRAN 04/20/2012 04/23/2012 APPLEBEES 821319219187 $26.47 JOE TRAN 05/01/2012 05/02/2012 USPS 26833800033400730 $20.50 KAREN WACHAL 04/23/2012 04/25/2012 UNIFORMS UNLIMITED INC.$81.00 JAY WENZEL 04/25/2012 04/27/2012 UNIFORMS UNLIMITED INC.$123.94 JAY WENZEL 04/23/2012 04/25/2012 QUILL CORPORATION $115.58 SUSAN ZWIEG $48,171.97 Packet Page Number 38 of 347 Check Description Amount 87095 02728 PROJ 11-14 PROF SRVS THRU 3/31 40,783.89 87096 01202 TRASH CART ORDER FORMS 4,149.36 87097 04829 REIMB FOR TUITION & BOOKS 3/12-4/30 1,167.68 04829 REIMB FOR TUITION & BOOKS 3/12-4/30 1,015.35 87098 01337 911 DISPATCH SRVS - APRIL 27,409.41 01337 FLEET SUPPORT FEE - APRIL 455.52 01337 FLEET SUPPORT FEE - APRIL 414.96 87099 01574 BITUMINOUS MATERIALS NOT TO EXCEED 886.09 87100 01190 ELECTRIC & GAS UTILITY 948.84 01190 ELECTRIC & GAS UTILITY 262.01 01190 FIRE SIRENS 51.27 87101 03513 REIMB FOR MEALS 5/6 - 5/9 49.50 87102 05009 SOUND SET-UP MCC APRIL 27 50.00 87103 04374 AMBUTRAK LICENSE FEE 399.00 87104 04867 PROF SRVS THRU 4/30 3,729.60 87105 00531 BLACK DIRT - MARYLAND STORM SEWER 64.13 87106 04846 MEDICAL SUPPLIES 114.04 87107 02215 SECURITY OFFICER AT MCC MAY 12 175.00 87108 04114 REFUND FOR TRANS MEDIC PATIENT 246.92 87109 04244 2013 FORD POLICE INTERCEPTOR UTILITY 25,928.82 04244 2013 FORD POLICE INTERCEPTOR UTILITY 25,928.82 87110 00001 REFUND A DANIELSON TRANS MEDIC 369.46 87111 00001 REFUND SCHOENECKER TRANS MEDIC 200.00 87112 00001 REFUND A FAULKNER SOCCER 65.00 87113 00001 REFUND M OLIVER OVERPMT 62.50 87114 00001 REFUND P WALTERS DAYTRIP 49.00 87115 00001 REFUND K RANKIN DAY TRIP 49.00 00001 REFUND K RANKIN DAY TRIP M HUNT 49.00 87116 00001 REFUND AYD HP BENEFIT 40.00 87117 00001 REFUND FLEISCHER UCARE BENEFIT 30.00 87118 00001 REFUND J ANDERSEN TRANS MEDIC 20.00 87119 00001 REFUND J WOESSNER B-BALL CLINIC 15.90 87120 01284 REFURBISH CITY'S BUSINESS REPLY 1,946.00 87121 01345 COPY FEES 7.00 87122 01387 ADMIN FEE FOR STRESS TEST - MAY 100.00 87123 01836 RADIO SHOP SERVICES - APRIL 81.25 87124 04055 REIMB FOR MILEAGE 1/10 - 5/16 164.89 87125 04104 SRVS CONTRACT FOR MCC HVAC EQUIP 2,496.00 87126 01653 SURVEY TRUCK BODY~14,593.78 87127 01669 TOWING FORFEITED VEHICLES - APRIL 587.80 87128 04357 BIOMEDICAL SERVICE 585.00 87129 03753 SPRING CLEAN UP 2012 8,676.47 87130 01763 WATERPROFFING OF LEAKS-BUILDINGS 5,575.00 05/22/2012 KIMLEY-HORN & ASSOCIATES INC Check Register City of Maplewood 05/18/2012 Date Vendor 05/22/2012 NYSTROM PUBLISHING CO INC 05/22/2012 CHRISTIE PENN 05/22/2012 CHRISTIE PENN 05/22/2012 RAMSEY COUNTY-PROP REC & REV 05/22/2012 RAMSEY COUNTY-PROP REC & REV 05/22/2012 RAMSEY COUNTY-PROP REC & REV 05/22/2012 T.A. SCHIFSKY & SONS, INC 05/22/2012 XCEL ENERGY 05/22/2012 XCEL ENERGY 05/22/2012 XCEL ENERGY 05/22/2012 BRIAN BIERDEMAN 05/22/2012 TODD DANINGER 05/22/2012 EMS TECHNOLOGY SOLUTIONS, LLC 05/22/2012 FOTH INFRASTRUCTURE & ENVIR 05/22/2012 FRA-DOR INC. 05/22/2012 HEALTHEAST 05/22/2012 JASON MARINO 05/22/2012 MEDICARE PART B 05/22/2012 NELSON AUTO CENTER 05/22/2012 NELSON AUTO CENTER 05/22/2012 ONE TIME VENDOR 05/22/2012 ONE TIME VENDOR 05/22/2012 ONE TIME VENDOR 05/22/2012 ONE TIME VENDOR 05/22/2012 ONE TIME VENDOR 05/22/2012 ONE TIME VENDOR 05/22/2012 ONE TIME VENDOR 05/22/2012 ONE TIME VENDOR 05/22/2012 ONE TIME VENDOR 05/22/2012 ONE TIME VENDOR 05/22/2012 ONE TIME VENDOR 05/22/2012 POSTMASTER 05/22/2012 RAMSEY COUNTY 05/22/2012 DR. JAMES ROSSINI 05/22/2012 CITY OF ST PAUL 05/22/2012 JAMES TAYLOR 05/22/2012 TRANE U.S. INC. 05/22/2012 TRUCK UTILITIES CO 05/22/2012 TWIN CITIES TRANSPORT & 169,993.26 36 Checks in this report. 05/22/2012 UNIVERSAL HOSPITAL SRVS, INC. 05/22/2012 VEOLIA ENVIRONMENTAL SERVICES 05/22/2012 WESTERN WATERPROOFING CO., INC Packet Page Number 39 of 347 Settlement Date Payee Description Amount 5/14/2012 MN State Treasurer Drivers License/Deputy Registrar 17,513.32 5/14/2012 U.S. Treasurer Federal Payroll Tax 88,852.20 5/14/2012 P.E.R.A.P.E.R.A.86,336.59 5/15/2012 MN State Treasurer Drivers License/Deputy Registrar 29,824.18 5/15/2012 VANCO Billing fee 126.75 5/15/2012 MidAmerica - ING HRA Flex plan 14,029.30 5/16/2012 MN State Treasurer Drivers License/Deputy Registrar 38,606.50 5/16/2012 MN State Treasurer State Payroll Tax 19,131.00 5/17/2012 MN State Treasurer Drivers License/Deputy Registrar 18,108.64 5/18/2012 MN State Treasurer Drivers License/Deputy Registrar 21,009.22 5/18/2012 MN Dept of Natural Resources DNR electronic licenses 3,102.50 5/18/2012 Optum Health DCRP & Flex plan payments 4,328.86 TOTAL 340,969.06 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 40 of 347 Check Description Amount 87131 02464 FUNDS FOR ATMS 10,000.00 87132 04911 LINENS FOR SENIOR EXPO MCC 5/24 192.38 87133 04572 REPAIR ROOF LEAK 2,301.00 87134 00585 NET BILLABLE TICKETS - APRIL 1,028.05 87135 04206 ATTORNEY SRVS FEES/RENT - JUNE 15,150.00 87136 00985 WASTEWATER - JUNE 202,927.10 87137 03789 REIMB FOR TUITION & BOOKS 1/17-5/12 1,700.60 87138 01574 BITUMINOUS MATERIALS NOT TO EXCEED 2,596.90 87139 01190 ELECTRIC & GAS UTILITY 5,109.92 01190 ELECTRIC & GAS UTILITY 3,297.46 01190 ELECTRIC & GAS UTILITY 1,401.13 87140 00111 PATROL & BOARDING FEES 4/30 - 5/20 2,112.00 87141 02324 BEAVER CREEK SITE PREP 2,111.85 87142 00230 CLASS 2 FOR RESTORATION WORK 310.51 87143 03619 PROJ 11-14 SEWER TELEVISING 315.00 87144 00480 REIMB FOR TUITION 1/9 - 5/10 267.45 87145 00485 REGISTRATION FEE 15.00 87146 04152 ROOM RENT OPEN HOUSE 8.00 87147 05010 SERVICE OF PROCESS 90.00 87148 03808 REIMB FOR RECORDING/FILING FEES 106.00 87149 00896 2012-13 DUES 157.56 87150 00942 SEWER BACK-UP 1522 SHARON AVE 448.88 87151 00986 MONTHLY SAC - APRIL 6,976.75 87152 01175 MONTHLY UTILITIES - MAY 2,863.06 01175 FIBER OPTIC ACCESS CHG - MAY 1,000.00 87153 00001 REFUND J MILLER BCBS BENEFIT 300.00 87154 00001 REFUND FOGARTY HP BENEFIT 200.00 87155 00001 REFUND D HUIRAS PARTY CANCELLED 107.13 87156 00001 REFUND J FALKENSTEIN HP BENEFIT 100.00 87157 00001 REFUND C KROLL BCBS BENEFIT 80.00 87158 00001 REFUND S SALUTE BCBS BENEFIT 80.00 87159 00001 REFUND Y VO SWIM LESSONS 73.00 87160 00001 REFUND C BLOECHER DUES 60.00 87161 00001 REFUND C PAQUIN BCBS BENEFIT 40.00 87162 00001 REFUND S PILLAR BCBS BENEFIT 40.00 87163 03151 REPLENISH PETTY CASH 144.28 87164 00396 REGISTRATION FEES 450.00 00396 REGISTRATION FEES 150.00 87165 02001 PHONE SERVICES - MAY 1,436.20 87166 01418 MDSE FOR RESALE - CONCESSIONS 275.31 01418 MDSE FOR RESALE - CONCESSIONS 87.91 01418 TABLE FOR RECREATION OFFICE AREA 20.12 01418 SPRING TUNE-UP/COFFEE SUPPLIES 14.86 01418 LADIES TEA/SUPPLIES 2.98 01418 SUPPLIES FOR PARK CLEAN UP -50.14 87167 03879 EMS FEES - JUNE 577.08 87168 05011 ATTORNEY PRESENTATION 400.00 87169 01836 CRIME LAB SERVICES - APRIL 330.00 87170 01565 PARTS FOR STREET SWEEPER 175.45 87171 04179 PROGRAM DISPLAY SIGN MCC - MARCH 250.00 04179 PROGRAM DISPLAY SIGN MCC - APRIL 250.00 05/29/2012 VISUAL IMAGE PROMOTIONS 05/29/2012 VISUAL IMAGE PROMOTIONS 268,080.78 41 Checks in this report. 05/29/2012 CHRISTINE M. SCOTILLO 05/29/2012 CITY OF ST PAUL 05/29/2012 SWEEPER SERVICES 05/29/2012 SAM'S CLUB DIRECT 05/29/2012 SAM'S CLUB DIRECT 05/29/2012 SANSIO 05/29/2012 SAM'S CLUB DIRECT 05/29/2012 SAM'S CLUB DIRECT 05/29/2012 SAM'S CLUB DIRECT 05/29/2012 DEPT OF PUBLIC SAFETY 05/29/2012 CITY OF ROSEVILLE 05/29/2012 SAM'S CLUB DIRECT 05/29/2012 ONE TIME VENDOR 05/29/2012 PETTY CASH 05/29/2012 DEPT OF PUBLIC SAFETY 05/29/2012 ONE TIME VENDOR 05/29/2012 ONE TIME VENDOR 05/29/2012 ONE TIME VENDOR 05/29/2012 ONE TIME VENDOR 05/29/2012 ONE TIME VENDOR 05/29/2012 ONE TIME VENDOR 05/29/2012 ONE TIME VENDOR 05/29/2012 ONE TIME VENDOR 05/29/2012 ONE TIME VENDOR 05/29/2012 METROPOLITAN COUNCIL 05/29/2012 CITY OF NORTH ST PAUL 05/29/2012 CITY OF NORTH ST PAUL 05/29/2012 ALAN H. KANTRUD 05/29/2012 M C M A 05/29/2012 MARSDEN BLDG MAINTENANCE CO 05/29/2012 FBINAA NORTHWEST CHAPTER 05/29/2012 ISD 622 COMMUNITY EDUCATION 05/29/2012 J & J LEGAL, LLC 05/29/2012 BRYAN ROCK PRODUCTS, INC. 05/29/2012 DRAIN KING INC 05/29/2012 PAUL EVERSON 05/29/2012 XCEL ENERGY 05/29/2012 ANIMAL CONTROL SERVICES 05/29/2012 APPLIED ECOLOGICAL SERVICES 05/29/2012 T.A. SCHIFSKY & SONS, INC 05/29/2012 XCEL ENERGY 05/29/2012 XCEL ENERGY 05/29/2012 H.A. KANTRUD 05/29/2012 METROPOLITAN COUNCIL 05/29/2012 MICHAEL NYE 05/25/2012 DECKCI DECOR 05/29/2012 ETTEL & FRANZ 05/29/2012 GOPHER STATE ONE-CALL Check Register City of Maplewood 05/25/2012 Date Vendor 05/23/2012 US BANK Packet Page Number 41 of 347 Settlement Date Payee Description Amount 5/21/2012 MN State Treasurer Drivers License/Deputy Registrar 38,844.15 5/21/2012 MN Dept of Revenue Sales Tax 6,958.00 5/22/2012 MN State Treasurer Drivers License/Deputy Registrar 17,077.44 5/22/2012 MN Dept of Revenue Fuel Tax 318.64 5/23/2012 MN State Treasurer Drivers License/Deputy Registrar 36,913.40 5/24/2012 MN State Treasurer Drivers License/Deputy Registrar 30,767.16 5/25/2012 MN State Treasurer Drivers License/Deputy Registrar 25,339.62 5/25/2012 MN Dept of Natural Resources DNR electronic licenses 2,332.50 5/25/2012 US Bank VISA One Card*Purchasing card items $43,086.65 5/25/2012 ICMA (Vantagepointe)Deferred Compensation 4,295.15 TOTAL 205,932.71 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 42 of 347 Transaction Date Posting Date Merchant Name Transaction Amount Name 05/11/2012 05/15/2012 GRAND VIEW LODGE & TENNIS $247.20 R CHARLES AHL 05/04/2012 05/08/2012 GRAND VIEW LODGE & TENNIS $239.61 JAMES ANTONEN 05/12/2012 05/14/2012 SUN RAY LANES $146.80 MANDY ANZALDI 05/12/2012 05/14/2012 SUN RAY LANES $66.66 MANDY ANZALDI 05/12/2012 05/14/2012 TARGET 00011858 $47.67 MANDY ANZALDI 05/12/2012 05/14/2012 CUB FOODS, INC.$21.32 MANDY ANZALDI 05/15/2012 05/16/2012 LA POLICE GEAR INC $79.98 PAUL BARTZ 05/11/2012 05/14/2012 UNIFORMS UNLIMITED INC.$71.98 STANLEY BELDE 05/11/2012 05/14/2012 WALGREENS #3122 $21.29 OAKLEY BIESANZ 05/17/2012 05/18/2012 PARTY CITY #769 $18.18 OAKLEY BIESANZ 05/04/2012 05/07/2012 INF*PEOPLESMART.COM $0.95 NEIL BRENEMAN 05/09/2012 05/10/2012 HENRIKSEN ACE HARDWARE $10.69 NEIL BRENEMAN 05/04/2012 05/07/2012 OAKDALE RENTAL CENTER $207.82 TROY BRINK 05/15/2012 05/16/2012 BROCK WHITE ST PAUL 180 $217.94 TROY BRINK 05/15/2012 05/17/2012 JOHN DEERE LANDSCAPES530 $85.70 TROY BRINK 05/07/2012 05/09/2012 SUBWAY 00052159 $55.71 SARAH BURLINGAME 05/14/2012 05/15/2012 CUB FOODS, INC.$7.28 SARAH BURLINGAME 05/14/2012 05/16/2012 TGI FRIDAY'S #0472 $108.17 SARAH BURLINGAME 05/07/2012 05/08/2012 THE CAGE ULTIMATE SPORT $13.60 DAN BUSACK 05/07/2012 05/08/2012 DELTA AIR 0068269800533 $25.00 DAN BUSACK 05/07/2012 05/08/2012 DELTA AIR 0068269200167 $25.00 DAN BUSACK 05/07/2012 05/09/2012 MAIN TERM BURG20352001 $15.09 DAN BUSACK 05/08/2012 05/09/2012 LAGUARDIA USA, LLC $32.65 DAN BUSACK 05/08/2012 05/09/2012 DELMONICO'S ITALIA $50.42 DAN BUSACK 05/09/2012 05/11/2012 CELTIC HARP $40.20 DAN BUSACK 05/10/2012 05/14/2012 GEORGIOS VILLAGE CAFE $29.00 DAN BUSACK 05/11/2012 05/14/2012 DNC TRAVEL - SYRAC $23.72 DAN BUSACK 05/11/2012 05/14/2012 SUNOCO 0015424502 $27.82 DAN BUSACK 05/11/2012 05/14/2012 DELTA AIR 0068269467346 $25.00 DAN BUSACK 05/11/2012 05/14/2012 DELTA AIR 0068269067544 $25.00 DAN BUSACK 05/12/2012 05/14/2012 RADISSON HOTEL UTICA CENT $30.44 DAN BUSACK 05/14/2012 05/16/2012 TANNERS STATION $24.63 DAN BUSACK 05/07/2012 05/08/2012 VIKING ELECTRIC - CREDIT ($119.71)SCOTT CHRISTENSON 05/08/2012 05/09/2012 STATE SUPPLY $1,107.90 SCOTT CHRISTENSON 05/08/2012 05/10/2012 THE HOME DEPOT 2801 $53.38 SCOTT CHRISTENSON 05/10/2012 05/11/2012 BATTERIES PLUS #31 $331.02 SCOTT CHRISTENSON 05/15/2012 05/16/2012 HENRIKSEN ACE HARDWARE $8.76 SCOTT CHRISTENSON 05/15/2012 05/17/2012 THE HOME DEPOT 2801 $52.61 SCOTT CHRISTENSON 05/16/2012 05/17/2012 HENRIKSEN ACE HARDWARE $19.01 SCOTT CHRISTENSON 05/11/2012 05/14/2012 BEST WESTERN HOTELS - ST.$393.30 KERRY CROTTY 05/04/2012 05/07/2012 THE HOME DEPOT 2810 $39.14 CHARLES DEAVER 05/04/2012 05/07/2012 ADAM'S PEST CONTROL INC $69.63 CHARLES DEAVER 05/05/2012 05/07/2012 FRATTALLONES WOODBURY AC $12.81 CHARLES DEAVER 05/12/2012 05/14/2012 G&K SERVICES 182 $83.89 CHARLES DEAVER 05/16/2012 05/17/2012 PATIO TOWN $1.47 CHARLES DEAVER 05/03/2012 05/07/2012 CMI INC MOTO $60.25 RICHARD DOBLAR 05/12/2012 05/14/2012 GETDATA PTY LTD $299.95 RICHARD DOBLAR 05/15/2012 05/16/2012 FDLE REGONLINE $380.00 RICHARD DOBLAR 04/30/2012 05/07/2012 MED-FIT SYSTEMS, INC.$275.00 TOM DOUGLASS 05/04/2012 05/07/2012 STAR TRAC $204.49 TOM DOUGLASS 05/04/2012 05/07/2012 MED-FIT SYSTEMS, INC.$2.61 TOM DOUGLASS 05/10/2012 05/14/2012 VIKING AUTOMATIC SPRINKLE $480.00 TOM DOUGLASS 05/11/2012 05/14/2012 CONTINENTAL RESEARCH $1,101.24 TOM DOUGLASS 05/14/2012 05/15/2012 HEJNY RENTAL INC $104.28 TOM DOUGLASS 05/15/2012 05/16/2012 CYBEX - 01 $77.66 TOM DOUGLASS 05/09/2012 05/10/2012 JM SPEEDSTOP 10 $98.40 MICHAEL DUGAS 05/08/2012 05/09/2012 EB *SPRINGSTED ACADEMI $40.00 THOMAS EKSTRAND 05/08/2012 05/09/2012 MENARDS 3059 $14.78 ANDREW ENGSTROM 05/11/2012 05/14/2012 THE HOME DEPOT 2801 $26.75 ANDREW ENGSTROM 05/09/2012 05/11/2012 SCHULER SHOES $134.95 VIRGINIA ERICKSON Packet Page Number 43 of 347 05/12/2012 05/14/2012 FASHION BUG #2315 $63.26 VIRGINIA ERICKSON 05/15/2012 05/16/2012 CATHERINES 00057729 $43.50 VIRGINIA ERICKSON 05/09/2012 05/10/2012 WALGREENS #7388 $299.98 PAUL E EVERSON 05/03/2012 05/07/2012 SEARS ROEBUCK 1122 ($125.94)LARRY FARR 05/04/2012 05/07/2012 GRAZZINI BROTHERS AND COM $495.00 LARRY FARR 05/04/2012 05/07/2012 OVERHEAD DOOR COMP $239.67 LARRY FARR 05/05/2012 05/07/2012 TARGET 00009316 $20.88 LARRY FARR 05/05/2012 05/07/2012 LOWES #02315*$143.59 LARRY FARR 05/05/2012 05/07/2012 WM EZPAY $447.23 LARRY FARR 05/05/2012 05/07/2012 WM EZPAY $1,006.98 LARRY FARR 05/11/2012 05/14/2012 NUCO2 01 OF 01 $80.96 LARRY FARR 05/11/2012 05/14/2012 NUCO2 01 OF 01 $125.77 LARRY FARR 05/11/2012 05/14/2012 NUCO2 01 OF 01 $122.92 LARRY FARR 05/11/2012 05/14/2012 NUCO2 01 OF 01 $153.05 LARRY FARR 05/11/2012 05/14/2012 NUCO2 01 OF 01 $147.37 LARRY FARR 05/11/2012 05/14/2012 CINTAS #470 $95.98 LARRY FARR 05/11/2012 05/14/2012 CINTAS #470 $44.11 LARRY FARR 05/11/2012 05/14/2012 CINTAS #470 $84.96 LARRY FARR 05/12/2012 05/14/2012 G&K SERVICES 182 $314.74 LARRY FARR 05/12/2012 05/14/2012 G&K SERVICES 182 $542.26 LARRY FARR 05/16/2012 05/17/2012 MENARDS 3059 $472.99 LARRY FARR 05/17/2012 05/18/2012 AIPHONE CORPORATION $67.78 LARRY FARR 05/17/2012 05/18/2012 LINDERS GARDEN CEN $76.67 SHANN FINWALL 05/17/2012 05/18/2012 MENARDS 3059 $6.04 SHANN FINWALL 05/17/2012 05/18/2012 MENARDS 3059 $13.39 SHANN FINWALL 05/04/2012 05/07/2012 KEEFE CO PARKING $6.50 DAVID FISHER 05/08/2012 05/09/2012 EB *SPRINGSTED ACADEMI $40.00 DAVID FISHER 05/10/2012 05/14/2012 KEEPRS INC 2 $200.00 MARCUS FORSYTHE 05/08/2012 05/09/2012 IDU*PUBLIC SECTOR $182.03 MYCHAL FOWLDS 05/11/2012 05/11/2012 PAY FLOW PRO $65.15 MYCHAL FOWLDS 05/14/2012 05/15/2012 TOSHIBA BUSINESS SOLUTION $23.04 MYCHAL FOWLDS 05/14/2012 05/15/2012 TOSHIBA BUSINESS SOLUTION $757.31 MYCHAL FOWLDS 05/07/2012 05/08/2012 MERITLINE.COM $12.98 NICK FRANZEN 05/08/2012 05/09/2012 IDU*PUBLIC SECTOR $244.72 NICK FRANZEN 05/09/2012 05/09/2012 APL*APPLE ONLINE STORE $32.03 NICK FRANZEN 05/09/2012 05/09/2012 APL*APPLE ONLINE STORE $4.29 NICK FRANZEN 05/15/2012 05/16/2012 IDU*PUBLIC SECTOR $27.69 NICK FRANZEN 05/14/2012 05/15/2012 LA POLICE GEAR INC $239.96 DEREK FRITZE 05/10/2012 05/11/2012 BAT CONSERVATION INTL $30.00 CAROLE GERNES 05/10/2012 05/11/2012 BECKER FIRE & SAFETY SERV $47.43 CLARENCE GERVAIS 05/16/2012 05/17/2012 NFPA NATL FIRE PROTECT $165.00 CLARENCE GERVAIS 05/14/2012 05/16/2012 OFFICE DEPOT #1090 $60.13 JEAN GLASS 05/07/2012 05/08/2012 VZWRLSS*APOCC VISN $107.57 KAREN GUILFOILE 05/14/2012 05/16/2012 OFFICE MAX $43.90 KAREN GUILFOILE 05/15/2012 05/16/2012 MENARDS 3059 $27.10 MARK HAAG 05/17/2012 05/18/2012 UNITED RENTALS $110.04 MARK HAAG 05/06/2012 05/07/2012 MENARDS 3059 $2.99 MILES HAMRE 05/10/2012 05/14/2012 STREICHER'S MPLS $135.87 STEVEN HIEBERT 05/08/2012 05/10/2012 TESSMAN COMPANY SAINT PAU $459.56 GARY HINNENKAMP 05/14/2012 05/16/2012 MILLS FLEET FARM #2,700 $10.48 GARY HINNENKAMP 05/11/2012 05/14/2012 OFFICE MAX $9.95 RON HORWATH 05/05/2012 05/07/2012 BISSELL*BISSELL.COM $38.99 DAVID JAHN 05/07/2012 05/09/2012 BOARD OF AELSLAGID $135.50 JON JAROSCH 05/16/2012 05/17/2012 WWW.NEWEGG.COM $59.96 JASON KREGER 05/04/2012 05/07/2012 KEEPRS INC 4 $1,189.00 DAVID KVAM 05/04/2012 05/07/2012 UNIFORMS UNLIMITED INC.$79.19 DAVID KVAM 05/07/2012 05/08/2012 THOMSON WEST*TCD $280.15 DAVID KVAM 05/08/2012 05/09/2012 UNIFORMS UNLIMITED INC.$54.54 DAVID KVAM 05/14/2012 05/14/2012 COMCAST CABLE COMM $41.00 DAVID KVAM 05/15/2012 05/16/2012 EMERGENCY AUTOMOTIVE $3,032.48 DAVID KVAM 05/16/2012 05/16/2012 COMCAST CABLE COMM $67.45 DAVID KVAM Packet Page Number 44 of 347 05/15/2012 05/16/2012 TARGET 00011858 $23.55 MICHAEL LOCHEN 05/03/2012 05/07/2012 ASPEN MILLS INC.$48.95 STEVE LUKIN 05/03/2012 05/07/2012 ASPEN MILLS INC.$48.95 STEVE LUKIN 05/03/2012 05/07/2012 ASPEN MILLS INC.$630.00 STEVE LUKIN 05/03/2012 05/07/2012 ASPEN MILLS INC.$300.60 STEVE LUKIN 05/05/2012 05/07/2012 WM EZPAY $166.15 STEVE LUKIN 05/08/2012 05/09/2012 APL*APPLE ITUNES STORE $2.13 STEVE LUKIN 05/10/2012 05/11/2012 EMERGENCY APPARATUS MAINT $1,091.64 STEVE LUKIN 05/10/2012 05/14/2012 DAVIS LOCK & SAFE $142.50 STEVE LUKIN 05/11/2012 05/14/2012 ASPEN MILLS INC.$359.55 STEVE LUKIN 05/16/2012 05/17/2012 EMERGENCY AUTOMOTIVE $33.59 STEVE LUKIN 05/16/2012 05/17/2012 MENARDS 3059 $26.08 STEVE LUKIN 05/05/2012 05/07/2012 EB *SPRINGSTED ACADEMI $40.00 MIKE MARTIN 05/14/2012 05/17/2012 OAKDALE RENTAL CENTER $207.82 BRENT MEISSNER 05/10/2012 05/11/2012 THE SALVATION ARMY 11 $25.97 ALESIA METRY 05/04/2012 05/07/2012 BOUND TREE MEDICAL LLC $249.20 MICHAEL MONDOR 05/05/2012 05/07/2012 H.E. CONTINUING EDU $50.00 MICHAEL MONDOR 05/06/2012 05/07/2012 BOUND TREE MEDICAL LLC $55.00 MICHAEL MONDOR 05/12/2012 05/14/2012 G&K SERVICES 182 $1,171.39 AMY NIVEN 05/11/2012 05/14/2012 USPS 26833895523402076 $14.80 MICHAEL NYE 05/04/2012 05/07/2012 UNIFORMS UNLIMITED INC.$79.98 JULIE OLSON 05/07/2012 05/09/2012 OFFICE DEPOT #1090 $57.04 MARY KAY PALANK 05/08/2012 05/10/2012 OFFICE DEPOT #1090 $56.08 MARY KAY PALANK 05/08/2012 05/10/2012 OFFICE DEPOT #1090 $313.22 MARY KAY PALANK 05/08/2012 05/10/2012 OFFICE DEPOT #1105 $2.81 MARY KAY PALANK 05/09/2012 05/11/2012 ANDON BALLOONS INC -$113.82 CHRISTINE PENN 05/04/2012 05/07/2012 THE HOME DEPOT 2801 $28.89 ROBERT PETERSON 05/08/2012 05/09/2012 NSC*NORTHERN SAFETY CO $234.20 PHILIP F POWELL 05/09/2012 05/10/2012 WWW COMETSUPPLY COM $199.40 PHILIP F POWELL 05/04/2012 05/07/2012 TOUSLEY FORD I27228006 $748.51 STEVEN PRIEM 05/04/2012 05/07/2012 CARQUEST 01021229 $192.63 STEVEN PRIEM 05/04/2012 05/07/2012 POLAR CHEVROLET MAZDA PAR $57.76 STEVEN PRIEM 05/07/2012 05/08/2012 FACTORY MTR PTS #1 $22.99 STEVEN PRIEM 05/07/2012 05/09/2012 CARQUEST 01021229 $267.21 STEVEN PRIEM 05/07/2012 05/09/2012 CARQUEST 01021229 $20.73 STEVEN PRIEM 05/07/2012 05/09/2012 CARQUEST 01021229 $244.00 STEVEN PRIEM 05/08/2012 05/09/2012 FACTORY MTR PTS #1 $157.41 STEVEN PRIEM 05/08/2012 05/09/2012 AMERICAN FASTENER AND SUP $127.54 STEVEN PRIEM 05/08/2012 05/10/2012 POLAR CHEVROLET MAZDA PAR $68.92 STEVEN PRIEM 05/09/2012 05/10/2012 AUTO PLUS NO ST PAUL $58.86 STEVEN PRIEM 05/09/2012 05/10/2012 TRUCK UTILITIES INC $41.17 STEVEN PRIEM 05/09/2012 05/11/2012 KATH FUEL OFFICE $113.24 STEVEN PRIEM 05/09/2012 05/11/2012 DELEGARD TOOL COMPANY $37.88 STEVEN PRIEM 05/09/2012 05/11/2012 PARK CHRYSLER JEEP 7894 $29.21 STEVEN PRIEM 05/10/2012 05/11/2012 POMPS TIRE SERVICE, INC $722.97 STEVEN PRIEM 05/10/2012 05/14/2012 TRI-STATE BOBCAT INC.$112.89 STEVEN PRIEM 05/11/2012 05/14/2012 AUTO PLUS NO ST PAUL $11.53 STEVEN PRIEM 05/11/2012 05/14/2012 TRUCK UTILITIES INC $89.05 STEVEN PRIEM 05/12/2012 05/14/2012 GOODYEAR AUTO SRV CT 6920 $52.00 STEVEN PRIEM 05/14/2012 05/15/2012 CATCO PARTS&SERVICE $56.52 STEVEN PRIEM 05/14/2012 05/15/2012 TRUCK UTILITIES INC $19.05 STEVEN PRIEM 05/14/2012 05/16/2012 DAVIS EQUIPMENT $736.55 STEVEN PRIEM 05/15/2012 05/16/2012 AUTO PLUS NO ST PAUL $69.73 STEVEN PRIEM 05/15/2012 05/16/2012 AUTO PLUS NO ST PAUL $118.29 STEVEN PRIEM 05/15/2012 05/16/2012 AUSTIN HARDWARE RAYTWN $29.54 STEVEN PRIEM 05/15/2012 05/16/2012 SUNSOURCE $1,252.57 STEVEN PRIEM 05/16/2012 05/17/2012 FACTORY MTR PTS #1 $72.91 STEVEN PRIEM 05/16/2012 05/17/2012 AUTO PLUS NO ST PAUL $211.61 STEVEN PRIEM 05/16/2012 05/17/2012 LITTLE FALLS MACHINE INC $411.71 STEVEN PRIEM 05/07/2012 05/09/2012 THE HOME DEPOT 2801 $90.91 KELLY PRINS 05/10/2012 05/11/2012 VIKING ELECTRIC - CREDIT $403.99 KELLY PRINS Packet Page Number 45 of 347 05/15/2012 05/17/2012 WW GRAINGER $511.25 KELLY PRINS 05/05/2012 05/07/2012 MINNESOTA OCCUPATIONAL HE $211.00 TERRIE RAMEAUX 05/07/2012 05/09/2012 PIONEER PRESS ADVERTISING $975.00 TERRIE RAMEAUX 05/04/2012 05/07/2012 HILLYARD INC MINNEAPOLIS $991.97 MICHAEL REILLY 05/14/2012 05/15/2012 HILLYARD INC MINNEAPOLIS $468.38 MICHAEL REILLY 05/08/2012 05/09/2012 UNIFORMS UNLIMITED INC.$162.05 BRADLEY REZNY 05/15/2012 05/16/2012 MOGREN LANDSCAPING $37.49 ROBERT RUNNING 05/16/2012 05/18/2012 THE HOME DEPOT 2801 $21.39 ROBERT RUNNING 05/17/2012 05/18/2012 METRO FIRE $171.42 ROBERT RUNNING 05/03/2012 05/07/2012 PAPER PLUS-ROS00108803 $69.20 DEB SCHMIDT 05/15/2012 05/18/2012 PAKOR, INC.$238.84 DEB SCHMIDT 05/16/2012 05/18/2012 OFFICE DEPOT #1090 $111.19 DEB SCHMIDT 05/04/2012 05/07/2012 WM EZPAY $1,329.20 SCOTT SCHULTZ 05/10/2012 05/14/2012 ON SITE SANITATION INC $104.74 SCOTT SCHULTZ 05/10/2012 05/14/2012 JOHN DEERE LANDSCAPES530 $925.56 SCOTT SCHULTZ 05/15/2012 05/15/2012 ULINE *SHIP SUPPLIES $105.04 CAITLIN SHERRILL 05/08/2012 05/10/2012 MADDOGS $14.29 MICHAEL SHORTREED 05/08/2012 05/10/2012 HYATT HOTELS SAN ANTONIO $16.71 MICHAEL SHORTREED 05/09/2012 05/10/2012 DELTA AIR 0068269837595 $25.00 MICHAEL SHORTREED 05/11/2012 05/14/2012 HYATT HOTELS SAN ANTONIO $1,043.76 MICHAEL SHORTREED 05/10/2012 05/14/2012 OFFICE DEPOT #1090 $97.46 ANDREA SINDT 05/11/2012 05/14/2012 POLAR DEN $6.50 CHRISTINE SOUTTER 05/11/2012 05/14/2012 POLAR DEN $10.00 CHRISTINE SOUTTER 05/11/2012 05/14/2012 KNOWLAN'S MARKET #2 $13.16 CHRISTINE SOUTTER 05/12/2012 05/14/2012 CARIBOU COFFEE CO # 135 $37.36 CHRISTINE SOUTTER 05/07/2012 05/09/2012 LIFELINE TRAINING INC $179.00 JOANNE SVENDSEN 05/15/2012 05/16/2012 PAYPAL *IAPE $275.00 JOANNE SVENDSEN 05/07/2012 05/09/2012 METRO ATHLETIC SUPPLY $872.69 JAMES TAYLOR 05/07/2012 05/09/2012 METRO ATHLETIC SUPPLY $395.38 JAMES TAYLOR 05/10/2012 05/14/2012 OFFICE DEPOT #1090 $200.32 JAMES TAYLOR 05/08/2012 05/09/2012 MENARDS 3059 $9.05 TODD TEVLIN 05/07/2012 05/08/2012 LANDS END $137.47 PAUL THEISEN 05/12/2012 05/14/2012 KOHL'S 0577 $23.98 PAUL THEISEN 05/16/2012 05/17/2012 LANDS END ($24.99)PAUL THEISEN 05/17/2012 05/18/2012 UNIFORMS UNLIMITED INC.$5.50 PAUL THEISEN 05/03/2012 05/07/2012 BOARD OF AELSLAGID $135.50 MICHAEL THOMPSON 05/04/2012 05/07/2012 OFFICE DEPOT #1090 $89.00 KAREN WACHAL 05/17/2012 05/18/2012 S & T OFFICE PRODUCTS $84.66 KAREN WACHAL 05/03/2012 05/07/2012 TOMS TAILORS $19.28 JAY WENZEL 05/07/2012 05/09/2012 GREEN STUFF OUTDOOR SE $93.20 SUSAN ZWIEG 05/16/2012 05/17/2012 PIONEER PRESS SUBSCRIPTI $67.25 SUSAN ZWIEG $43,086.65 Packet Page Number 46 of 347 Check Description Amount 87173 04993 FIRE TRUCK BODY MODIFICATION 19,400.00 87174 00001 T GUNDERSON - DIRECT DEPOSIT REJ 530.17 87175 02149 MARKETING & ADVERTISING - MAY 4,000.00 87176 04316 AUTO PAWN SYSTEM - APRIL 712.20 87177 01202 MAPLEWOOD MONTHLY - MAY 6,820.73 87178 01941 MEDALS FOR FLOOR HOCKEY LEAGUE 127.58 87179 01409 FIRE STATION PLANNING 6,635.52 87180 01463 MCC MASSAGES - APRIL 16-30 1,096.50 87181 01574 BITUMINOUS MATERIALS NOT TO EXCEED 1,501.38 87182 01190 ELECTRIC UTILITY 13,459.47 01190 GAS UTILITY 3,098.36 87183 03833 MAINT AGREEMENT TICKET WRITER 5,453.82 87184 04047 WEDDING SOUND SETUP MCC 4/28 100.00 87185 03958 SECURITY OFFICER MCC MAY 26 122.50 87186 04311 SECURITY OFFICER MCC MAY 26 122.50 87187 04371 REPAIR FIRE STATION 1 841.99 87188 02567 PROJ 09-08 ACQUISITION/APPRAISAL 4,664.41 02567 PROJ 09-08 ACQUISITION/APPRAISAL 2,372.18 87189 03516 SECURITY OFFICER MCC MAY 24 140.00 87190 04944 BANQUET ROOM ORDERS - APRIL 329.18 87191 03597 REIMB FOR MILEAGE 4/11 - 5/22 13.60 87192 04914 TREE REMOVAL/TRIM 975.00 87193 04992 2011 SINGLE AUDIT 3,500.00 87194 00827 CLAIM DEDUCTIBLE C0013931 4,275.15 87195 00983 LEASE PMT 05/15/12 TO 06/15/12 484.14 87196 04007 HOSPITALITY FEE 2012 35.00 87197 00001 REFUND OPTOMETRIC EYE CARE B-ROOM 500.00 87198 00001 REFUND K BRAZIL YOUTH SOFTBALL 53.00 87199 00001 REFUND D HARDEN BCBS BENEFIT 40.00 87200 00001 REFUND NEW LIFE ACADEMY ONE CHILD 4.00 87201 01418 MEMBERSHIP FEES 215.00 01418 ADMIN FEE 50.00 87202 00198 WATER UTILITY 2,510.04 06/05/2012 SAM'S CLUB DIRECT 06/05/2012 ST. PAUL REGIONAL WATER SRVS 84,183.42 30 Checks in this report. 06/05/2012 ONE TIME VENDOR 06/05/2012 ONE TIME VENDOR 06/05/2012 SAM'S CLUB DIRECT 06/05/2012 MINNESOTA DEPT OF HEALTH 06/05/2012 ONE TIME VENDOR 06/05/2012 ONE TIME VENDOR 06/05/2012 KDV 06/05/2012 L M C I T 06/05/2012 METRO SALES INC 06/05/2012 HILLCREST VENTURES LLC 06/05/2012 MARY JO HOFMEISTER 06/05/2012 KAMCO 06/05/2012 EVERGREEN LAND SERVICES 06/05/2012 EVERGREEN LAND SERVICES 06/05/2012 ANTHONY GABRIEL 06/05/2012 MARKESE BENJAMIN 06/05/2012 JOSEPH DEMULLING 06/05/2012 ELECTRO WATCHMAN INC. 06/05/2012 XCEL ENERGY 06/05/2012 ADVANCED PUBLIC SAFETY, INC. 06/05/2012 ASHLAND PRODUCTIONS 06/05/2012 SISTER ROSALIND GEFRE 06/05/2012 T.A. SCHIFSKY & SONS, INC 06/05/2012 XCEL ENERGY 06/05/2012 NYSTROM PUBLISHING CO INC 06/05/2012 PATRICK TROPHIES 06/05/2012 S.E.H. 05/31/2012 ONE TIME VENDOR 06/05/2012 HEIDI CAREY 06/05/2012 CITY OF MINNEAPOLIS RECEIVABLES 05/29/2012 ELITE-CUSTOM TRANSPORTERS & Check Register City of Maplewood 06/01/2012 Date Vendor Packet Page Number 47 of 347 Settlement Date Payee Description Amount 5/29/2012 MN State Treasurer Drivers License/Deputy Registrar 28,626.68 5/29/2012 U.S. Treasurer Federal Payroll Tax 91,644.95 5/29/2012 P.E.R.A.P.E.R.A.87,872.03 5/29/2012 ING - State Plan Deferred Compensation 27,301.00 5/29/2012 MidAmerica - ING HRA Flex plan 14,302.38 5/29/2012 Labor Unions Union Dues 3,564.95 5/30/2012 MN State Treasurer Drivers License/Deputy Registrar 26,382.62 5/30/2012 MN State Treasurer State Payroll Tax 19,763.88 5/30/2012 US Bank Bank fees 137.81 5/31/2012 MN State Treasurer Drivers License/Deputy Registrar 32,568.65 6/1/2012 MN State Treasurer Drivers License/Deputy Registrar 50,905.13 6/1/2012 US Bank Merchant Services Credit Card Billing fee 2,017.90 TOTAL 385,087.98 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 48 of 347 CHECK #CHECK DATE EMPLOYE E NAME 05/11/12 JUENEMANN, KATHLEEN 435.16 05/11/12 KOPPEN, MARVIN 435.16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 05/11/12 CARDINAL, ROBERT 435.16 05/11/12 STRAUTMANIS, MARIS 198.00 05/11/12 AHL, R. CHARLES 5,408.64 05/11/12 LLANAS, JAMES 435.16 05/11/12 ROSSBACH, WILLIAM 494.44 05/11/12 KANTRUD, HUGH 184.62 05/11/12 CHRISTENSON, SCOTT 2,376.65 05/11/12 ANTONEN, JAMES 5,852.58 05/11/12 BURLINGAME, SARAH 2,074.90 05/11/12 RAMEAUX, THERESE 3,061.18 05/11/12 BAUMAN, GAYLE 4,244.92 05/11/12 FARR, LARRY 3,061.16 05/11/12 JAHN, DAVID 2,086.21 05/11/12 JACKSON, MARY 2,126.08 05/11/12 KELSEY, CONNIE 2,594.79 05/11/12 ANDERSON, CAROLE 1,211.29 05/11/12 DEBILZAN, JUDY 1,289.98 05/11/12 GUILFOILE, KAREN 4,407.64 05/11/12 SCHMIDT, DEBORAH 2,746.39 05/11/12 RUEB, JOSEPH 2,642.60 05/11/12 SINDT, ANDREA 2,113.81 05/11/12 CORTESI, LUANNE 1,134.08 05/11/12 LARSON, MICHELLE 1,827.76 05/11/12 SPANGLER, EDNA 1,118.73 05/11/12 THOMFORDE, FAITH 1,143.00 05/11/12 OSTER, ANDREA 1,907.48 05/11/12 RICHTER, CHARLENE 1,093.93 05/11/12 MECHELKE, SHERRIE 1,024.43 05/11/12 MOY, PAMELA 1,520.44 05/11/12 CORCORAN, THERESA 1,900.55 05/11/12 KVAM, DAVID 4,209.55 05/11/12 SCHOENECKER, LEIGH 1,569.35 05/11/12 WEAVER, KRISTINE 2,356.55 05/11/12 SVENDSEN, JOANNE 2,101.79 05/11/12 THOMALLA, DAVID 4,961.38 05/11/12 PALANK, MARY 1,905.17 05/11/12 POWELL, PHILIP 2,932.46 05/11/12 ALDRIDGE, MARK 3,280.90 05/11/12 BAKKE, LONN 2,937.06 05/11/12 YOUNG, TAMELA 1,900.55 05/11/12 ABEL, CLINT 2,931.31 Packet Page Number 49 of 347 05/11/12 BENJAMIN, MARKESE 2,975.57 05/11/12 BIERDEMAN, BRIAN 3,457.10 05/11/12 BARTZ, PAUL 3,151.05 05/11/12 BELDE, STANLEY 2,990.84 05/11/12 CARNES, JOHN 1,918.52 05/11/12 COFFEY, KEVIN 2,904.76 05/11/12 BOHL, JOHN 3,151.33 05/11/12 BUSACK, DANIEL 3,461.21 05/11/12 DOBLAR, RICHARD 3,925.54 05/11/12 DUGAS, MICHAEL 3,775.31 05/11/12 CROTTY, KERRY 3,611.20 05/11/12 DEMULLING, JOSEPH 3,075.42 05/11/12 FORSYTHE, MARCUS 2,266.25 05/11/12 FRASER, JOHN 3,204.83 05/11/12 ERICKSON, VIRGINIA 3,151.33 05/11/12 FLOR, TIMOTHY 3,725.17 05/11/12 HAWKINSON JR, TIMOTHY 2,871.56 05/11/12 HER, PHENG 2,758.75 05/11/12 FRITZE, DEREK 2,819.55 05/11/12 GABRIEL, ANTHONY 3,196.76 05/11/12 KALKA, THOMAS 921.88 05/11/12 KONG, TOMMY 2,878.21 05/11/12 HIEBERT, STEVEN 2,990.84 05/11/12 JOHNSON, KEVIN 4,054.70 05/11/12 LANGNER, SCOTT 3,092.20 05/11/12 LANGNER, TODD 2,980.04 05/11/12 KREKELER, NICHOLAS 876.00 05/11/12 KROLL, BRETT 2,918.21 05/11/12 MARINO, JASON 2,931.31 05/11/12 MARTIN, JERROLD 3,118.15 05/11/12 LU, JOHNNIE 2,957.86 05/11/12 LYNCH, KATHERINE 2,186.00 05/11/12 NYE, MICHAEL 3,194.40 05/11/12 OLSON, JULIE 3,045.48 05/11/12 MCCARTY, GLEN 3,011.95 05/11/12 METRY, ALESIA 3,038.70 05/11/12 RHUDE, MATTHEW 2,819.55 05/11/12 SHORTREED, MICHAEL 4,091.18 05/11/12 PARKER, JAMES 2,186.00 05/11/12 REZNY, BRADLEY 3,026.04 05/11/12 SZCZEPANSKI, THOMAS 3,211.70 05/11/12 TAUZELL, BRIAN 2,720.96 05/11/12 STEINER, JOSEPH 4,249.69 05/11/12 SYPNIEWSKI, WILLIAM 2,819.55 05/11/12 TRAN, JOSEPH 3,086.59 05/11/12 WENZEL, JAY 3,005.00 05/11/12 THEISEN, PAUL 3,150.93 05/11/12 THIENES, PAUL 3,515.15 05/11/12 ARKSEY, CHARLES 180.00 05/11/12 BAHL, DAVID 392.00 05/11/12 XIONG, KAO 2,891.66 05/11/12 ANDERSON, BRIAN 309.00 Packet Page Number 50 of 347 05/11/12 BOURQUIN, RON 608.00 05/11/12 BRADBURY, RYAN 315.00 05/11/12 BASSETT, BRENT 72.00 05/11/12 BAUMAN, ANDREW 2,600.61 05/11/12 CAPISTRANT, JOHN 399.00 05/11/12 CRAWFORD, RAYMOND 93.00 05/11/12 BRESIN, ROBERT 144.00 05/11/12 CAPISTRANT, JACOB 240.00 05/11/12 EATON, PAUL 576.00 05/11/12 EVERSON, PAUL 3,064.23 05/11/12 CRUMMY, CHARLES 144.00 05/11/12 DAWSON, RICHARD 2,874.79 05/11/12 HAGEN, MICHAEL 240.00 05/11/12 HALE, JOSEPH 308.00 05/11/12 FASULO, WALTER 390.00 05/11/12 FOSSUM, ANDREW 2,685.02 05/11/12 HENDRICKSON, NICHOLAS 2,412.68 05/11/12 HUTCHINSON, JAMES 196.00 05/11/12 HALWEG, JODI 2,674.17 05/11/12 HAWTHORNE, ROCHELLE 144.00 05/11/12 KANE, ROBERT 770.00 05/11/12 KARRAS, JAMIE 96.00 05/11/12 IMM, TRACY 150.00 05/11/12 JANSEN, CHAD 192.00 05/11/12 KUBAT, ERIC 2,391.18 05/11/12 LINDER, TIMOTHY 2,795.54 05/11/12 KERSKA, JOSEPH 432.00 05/11/12 KONDER, RONALD 246.00 05/11/12 MILLER, LADD 264.00 05/11/12 MILLER, NICHOLAS 192.00 05/11/12 LOCHEN, MICHAEL 432.00 05/11/12 MELLEN, CHRISTOPHER 390.00 05/11/12 MORGAN, JEFFERY 156.00 05/11/12 NIELSEN, KENNETH 144.00 05/11/12 MONDOR, MICHAEL 3,119.66 05/11/12 MONSON, PETER 288.00 05/11/12 OLSON, JAMES 2,674.17 05/11/12 OPHEIM, JOHN 588.00 05/11/12 NOVAK, JEROME 2,752.67 05/11/12 NOWICKI, PAUL 438.00 05/11/12 PETERSON, ROBERT 2,824.12 05/11/12 POWERS, KENNETH 300.00 05/11/12 PACHECO, ALPHONSE 408.00 05/11/12 PETERSON, MARK 532.00 05/11/12 RANK, PAUL 744.00 05/11/12 REYNOSO, ANGEL 246.00 05/11/12 RAINEY, JAMES 492.00 05/11/12 RANK, NATHAN 672.00 05/11/12 SEDLACEK, JEFFREY 2,700.34 05/11/12 STREFF, MICHAEL 2,600.61 05/11/12 RICE, CHRISTOPHER 364.00 05/11/12 SCHULTZ, JEROME 240.00 Packet Page Number 51 of 347 05/11/12 WHITE, JOEL 432.00 05/11/12 GERVAIS-JR, CLARENCE 3,985.69 05/11/12 SVENDSEN, RONALD 2,930.49 05/11/12 WESSELS, TIMOTHY 168.00 05/11/12 KNUTSON, LOIS 2,054.95 05/11/12 NIVEN, AMY 1,425.42 05/11/12 LUKIN, STEVEN 4,498.52 05/11/12 ZWIEG, SUSAN 1,706.92 05/11/12 DEBILZAN, THOMAS 2,146.17 05/11/12 EDGE, DOUGLAS 2,406.67 05/11/12 BRINK, TROY 2,356.55 05/11/12 BUCKLEY, BRENT 2,065.35 05/11/12 NAGEL, BRYAN 3,477.52 05/11/12 OSWALD, ERICK 2,610.49 05/11/12 JONES, DONALD 2,146.15 05/11/12 MEISSNER, BRENT 1,949.35 05/11/12 TEVLIN, TODD 2,402.12 05/11/12 BURLINGAME, NATHAN 2,056.83 05/11/12 RUIZ, RICARDO 1,539.75 05/11/12 RUNNING, ROBERT 2,461.55 05/11/12 JACOBSON, SCOTT 2,509.60 05/11/12 JAROSCH, JONATHAN 2,871.75 05/11/12 DUCHARME, JOHN 2,740.37 05/11/12 ENGSTROM, ANDREW 2,555.76 05/11/12 LOVE, STEVEN 3,446.88 05/11/12 THOMPSON, MICHAEL 4,258.96 05/11/12 KUMMER, STEVEN 3,216.59 05/11/12 LINDBLOM, RANDAL 2,740.37 05/11/12 KONEWKO, DUWAYNE 4,613.24 05/11/12 EDSON, DAVID 2,191.39 05/11/12 ZIEMAN, SCOTT 184.60 05/11/12 JANASZAK, MEGHAN 1,497.35 05/11/12 HINNENKAMP, GARY 2,476.61 05/11/12 NAUGHTON, JOHN 2,146.15 05/11/12 HAMRE, MILES 1,513.60 05/11/12 HAYS, TAMARA 1,539.75 05/11/12 DEAVER, CHARLES 700.51 05/11/12 GERNES, CAROLE 732.40 05/11/12 NORDQUIST, RICHARD 2,148.46 05/11/12 BIESANZ, OAKLEY 1,549.06 05/11/12 SOUTTER, CHRISTINE 267.77 05/11/12 WACHAL, KAREN 909.09 05/11/12 HAYMAN, JANET 1,124.71 05/11/12 HUTCHINSON, ANN 2,649.16 05/11/12 SWANSON, CHRIS 209.00 05/11/12 THOMPSON, DEBRA 760.22 05/11/12 GAYNOR, VIRGINIA 3,244.09 05/11/12 KROLL, LISA 1,980.55 05/11/12 MARTIN, MICHAEL 2,709.36 05/11/12 BRASH, JASON 2,393.35 05/11/12 EKSTRAND, THOMAS 3,829.34 05/11/12 FINWALL, SHANN 3,233.35 Packet Page Number 52 of 347 05/11/12 SWAN, DAVID 2,766.15 05/11/12 WELLENS, MOLLY 1,726.51 05/11/12 CARVER, NICHOLAS 3,244.09 05/11/12 FISHER, DAVID 3,807.86 05/11/12 BJORK, BRANDON 49.50 05/11/12 BRENEMAN, NEIL 2,159.70 05/11/12 BERGER, STEPHANIE 311.13 05/11/12 BETHEL III, CHARLES 70.13 05/11/12 KHOURY, SARAH 500.50 05/11/12 KOHLMAN, JENNIFER 144.88 05/11/12 DWELLY, KATHLEEN 37.50 05/11/12 GERMAIN, BRADY 76.00 05/11/12 ROBBINS, CAMDEN 84.00 05/11/12 SCHALLER, SCOTT 113.25 05/11/12 LARSON, KATELYN 126.00 05/11/12 ROBBINS, AUDRA 3,019.96 05/11/12 ADAMS, DAVID 1,350.04 05/11/12 GERMAIN, DAVID 2,155.39 05/11/12 SCHALLER, TYLER 47.13 05/11/12 TAYLOR, JAMES 2,738.98 05/11/12 SCHULTZ, SCOTT 3,090.83 05/11/12 ANZALDI, MANDY 1,467.39 05/11/12 HAAG, MARK 2,514.05 05/11/12 ORE, JORDAN 1,539.75 05/11/12 GLASS, JEAN 2,125.10 05/11/12 HER, PETER 407.08 05/11/12 CRAWFORD - JR, RAYMOND 437.15 05/11/12 EVANS, CHRISTINE 1,390.63 05/11/12 KULHANEK-DIONNE, ANN 441.00 05/11/12 PELOQUIN, PENNYE 471.54 05/11/12 HOFMEISTER, MARY 1,127.98 05/11/12 HOFMEISTER, TIMOTHY 542.13 05/11/12 VUE, LOR PAO 246.50 05/11/12 ANDERSON, ALYSSA 9.69 05/11/12 PENN, CHRISTINE 2,332.74 05/11/12 SHERRILL, CAITLIN 700.24 05/11/12 BAUDE, SARAH 54.75 05/11/12 BIGGS, ANNETTE 131.58 05/11/12 ANDERSON, MAXWELL 462.95 05/11/12 BAETZOLD, SETH 72.50 05/11/12 BUTLER, ANGELA 85.00 05/11/12 COSTA, JOSEPH 719.00 05/11/12 BRUSOE, CRISTINA 46.80 05/11/12 BUCKLEY, BRITTANY 276.60 05/11/12 DIONNE, DANIELLE 155.13 05/11/12 DUNN, RYAN 872.92 05/11/12 CRANDALL, KRISTA 170.44 05/11/12 DEMPSEY, BETH 138.88 05/11/12 FONTAINE, KIM 503.13 05/11/12 FOX, KELLY 140.00 05/11/12 ERICKSON-CLARK, CAROL 24.50 05/11/12 FLUEGEL, LARISSA 11.94 Packet Page Number 53 of 347 05/11/12 GADOW, VERONIKA 68.69 05/11/12 GIEL, NICOLE 133.00 05/11/12 FRAMPTON, SAMANTHA 178.50 05/11/12 GADOW, ANNA 204.91 05/11/12 HAGSTROM, EMILY 80.40 05/11/12 HANSEN, HANNAH 88.05 05/11/12 GRAY, MEGAN 110.72 05/11/12 GRUENHAGEN, LINDA 457.45 05/11/12 HOLMBERG, LADONNA 510.50 05/11/12 HORWATH, RONALD 2,614.55 05/11/12 HASSAN, KIANA 29.25 05/11/12 HEINRICH, SHEILA 660.00 05/11/12 JOHNSON, KAITLYN 29.44 05/11/12 JOYER, ANTHONY 74.00 05/11/12 JANSON, ANGELA 34.00 05/11/12 JOHNSON, BARBARA 238.16 05/11/12 LAMEYER, BRENT 38.75 05/11/12 LAMSON, ELIANA 72.00 05/11/12 KOLLER, NINA 215.75 05/11/12 KRONHOLM, KATHRYN 624.13 05/11/12 NELSON, ELEONOR 125.00 05/11/12 NORTHOUSE, KATHERINE 150.62 05/11/12 MCCANN, NATALIE 164.00 05/11/12 NADEAU, KELLY 184.38 05/11/12 RESENDIZ, LORI 636.84 05/11/12 RICHTER, DANIEL 132.30 05/11/12 PROESCH, ANDY 578.39 05/11/12 RANEY, COURTNEY 459.00 05/11/12 RUIZ, MARIA 46.00 05/11/12 SCHMIDT, EMILY 88.40 05/11/12 RONNING, ISAIAH 134.75 05/11/12 RONNING, ZACCEUS 21.90 05/11/12 SKAAR, SAMANTHA 95.00 05/11/12 SMITH, ANN 182.70 05/11/12 SCHREIER, ROSEMARIE 302.50 05/11/12 SCHREINER, MARK 40.15 05/11/12 TAYLOR, JASON 77.35 05/11/12 TREPANIER, TODD 264.00 05/11/12 SMITH, CASEY 104.16 05/11/12 SMITLEY, SHARON 362.60 05/11/12 WARNER, CAROLYN 290.40 05/11/12 WEDES, CARYL 74.25 05/11/12 TUPY, HEIDE 91.60 05/11/12 TUPY, MARCUS 285.00 05/11/12 HITE, ANDREA 54.00 05/11/12 BORCHERT, JONATHAN 132.31 05/11/12 WOLFGRAM, MARY 105.30 05/11/12 DANIEL, BREANNA 67.50 05/11/12 MALONEY, SHAUNA 217.50 05/11/12 PRINS, KELLY 1,690.16 05/11/12 COLEMAN, PATRICK 279.00 05/11/12 DOUGLASS, TOM 1,756.55 Packet Page Number 54 of 347 9986811 9986823 9986824 9986825 9986826 9986827 9986828 9986829 9986830 9986831 9986832 9986833 9986834 05/11/12 THOMPSON, BENJAMIN 390.50 05/11/12 AICHELE, CRAIG 2,219.99 05/11/12 REILLY, MICHAEL 1,934.15 05/11/12 SCHULZE, KEVIN 504.00 05/11/12 BERGO, CHAD 2,678.00 05/11/12 FOWLDS, MYCHAL 3,991.22 05/11/12 PRIEM, STEVEN 2,415.66 05/11/12 WOEHRLE, MATTHEW 2,207.04 05/01/12 SWANSON, CHRIS 1,193.50 05/11/12 BENNETT, ERIN 112.00 05/11/12 FRANZEN, NICHOLAS 2,623.62 05/11/12 KREGER, JASON 2,087.21 05/11/12 ERICSON, RACHEL 46.80 05/11/12 MCMAHON, MICHAEL 30.80 05/11/12 DIAZ, SARITA 40.50 05/11/12 VANG, TIM 409.00 05/11/12 WEINHAGEN, SHELBY 297.52 05/11/12 MORGAN, LINDSEY 110.56 05/11/12 SCOTT, HALEY 66.15 05/11/12 WALES, ABIGAIL 147.26 05/11/12 VANG, GEORGE 116.00 493,126.60 05/11/12 REMNYAKOVA, ANZHELIKA 29.00 05/11/12 STEFFEN, MICHAEL 87.00 Packet Page Number 55 of 347 CHECK #CHECK DATE EMPLOYEE NAME 05/25/12 ALDRIDGE, MARK 3,128.88 05/25/12 BAKKE, LONN 2,937.06 05/25/12 THOMALLA, DAVID 4,961.38 05/25/12 ABEL, CLINT 2,878.21 05/25/12 POWELL, PHILIP 2,932.46 05/25/12 SVENDSEN, JOANNE 2,101.79 05/25/12 KVAM, DAVID 4,209.55 05/25/12 PALANK, MARY 1,905.17 05/25/12 WEAVER, KRISTINE 2,356.55 05/25/12 CORCORAN, THERESA 1,908.55 05/25/12 RICHTER, CHARLENE 941.61 05/25/12 SCHOENECKER, LEIGH 1,569.35 05/25/12 MOY, PAMELA 1,520.45 05/25/12 OSTER, ANDREA 1,907.48 05/25/12 LARSON, MICHELLE 1,827.76 05/25/12 MECHELKE, SHERRIE 1,140.34 05/25/12 THOMFORDE, FAITH 1,255.50 05/25/12 CORTESI, LUANNE 1,100.66 05/25/12 SCHMIDT, DEBORAH 2,746.39 05/25/12 SPANGLER, EDNA 1,277.84 05/25/12 SINDT, ANDREA 2,113.81 05/25/12 GUILFOILE, KAREN 4,207.64 05/25/12 KELSEY, CONNIE 2,594.80 05/25/12 RUEB, JOSEPH 2,642.60 05/25/12 DEBILZAN, JUDY 1,289.97 05/25/12 JACKSON, MARY 2,127.09 05/25/12 BAUMAN, GAYLE 4,145.13 05/25/12 ANDERSON, CAROLE 1,122.79 05/25/12 JAHN, DAVID 1,882.87 05/25/12 RAMEAUX, THERESE 3,061.18 05/25/12 CHRISTENSON, SCOTT 2,240.95 05/25/12 FARR, LARRY 3,061.16 05/25/12 BURLINGAME, SARAH 2,074.90 05/25/12 KANTRUD, HUGH 184.62 05/25/12 AHL, R. CHARLES 5,008.64 05/25/12 ANTONEN, JAMES 5,352.58 05/25/12 STRAUTMANIS, MARIS 294.00 05/25/12 VALLE, EDWARD 50.00 05/25/12 LLANAS, JAMES 435.16 05/25/12 ROSSBACH, WILLIAM 494.44 05/25/12 JUENEMANN, KATHLEEN 435.16 05/25/12 KOPPEN, MARVIN 435.16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 05/25/12 CARDINAL, ROBERT 435.16 Packet Page Number 56 of 347 05/25/12 ARKSEY, CHARLES 216.00 05/25/12 BAHL, DAVID 427.00 05/25/12 XIONG, KAO 2,878.21 05/25/12 ANDERSON, BRIAN 384.00 05/25/12 TRAN, JOSEPH 3,193.20 05/25/12 WENZEL, JAY 3,235.22 05/25/12 THEISEN, PAUL 3,150.93 05/25/12 THIENES, PAUL 4,100.51 05/25/12 SZCZEPANSKI, THOMAS 2,990.84 05/25/12 TAUZELL, BRIAN 2,846.36 05/25/12 STEINER, JOSEPH 3,677.63 05/25/12 SYPNIEWSKI, WILLIAM 2,880.57 05/25/12 RHUDE, MATTHEW 3,404.78 05/25/12 SHORTREED, MICHAEL 4,091.18 05/25/12 PARKER, JAMES 2,186.00 05/25/12 REZNY, BRADLEY 3,197.02 05/25/12 NYE, MICHAEL 3,731.90 05/25/12 OLSON, JULIE 2,937.06 05/25/12 MCCARTY, GLEN 3,123.16 05/25/12 METRY, ALESIA 3,038.70 05/25/12 MARINO, JASON 3,010.96 05/25/12 MARTIN, JERROLD 4,008.76 05/25/12 LU, JOHNNIE 2,931.31 05/25/12 LYNCH, KATHERINE 2,186.00 05/25/12 LANGNER, SCOTT 3,092.20 05/25/12 LANGNER, TODD 2,980.04 05/25/12 KREKELER, NICHOLAS 876.00 05/25/12 KROLL, BRETT 2,971.31 05/25/12 KALKA, THOMAS 929.24 05/25/12 KONG, TOMMY 2,878.21 05/25/12 HIEBERT, STEVEN 3,266.92 05/25/12 JOHNSON, KEVIN 3,949.38 05/25/12 HAWKINSON JR, TIMOTHY 2,819.55 05/25/12 HER, PHENG 2,846.36 05/25/12 FRITZE, DEREK 3,079.58 05/25/12 GABRIEL, ANTHONY 3,287.60 05/25/12 FORSYTHE, MARCUS 2,276.42 05/25/12 FRASER, JOHN 3,530.54 05/25/12 ERICKSON, VIRGINIA 1,995.52 05/25/12 FLOR, TIMOTHY 3,725.17 05/25/12 DOBLAR, RICHARD 3,925.54 05/25/12 DUGAS, MICHAEL 3,571.79 05/25/12 CROTTY, KERRY 3,611.20 05/25/12 DEMULLING, JOSEPH 2,845.55 05/25/12 CARNES, JOHN 1,918.52 05/25/12 COFFEY, KEVIN 3,024.41 05/25/12 BOHL, JOHN 3,209.56 05/25/12 BUSACK, DANIEL 3,525.25 05/25/12 BENJAMIN, MARKESE 2,975.57 05/25/12 BIERDEMAN, BRIAN 3,683.24 05/25/12 BARTZ, PAUL 4,024.28 05/25/12 BELDE, STANLEY 2,990.84 Packet Page Number 57 of 347 05/25/12 RICE, CHRISTOPHER 1,039.50 05/25/12 SCHULTZ, JEROME 228.00 05/25/12 RAVENWALD, CORINNE 36.00 05/25/12 REYNOSO, ANGEL 378.00 05/25/12 RANK, NATHAN 612.00 05/25/12 RANK, PAUL 624.00 05/25/12 POWERS, KENNETH 192.00 05/25/12 RAINEY, JAMES 588.00 05/25/12 PETERSON, MARK 395.50 05/25/12 PETERSON, ROBERT 3,048.04 05/25/12 OPHEIM, JOHN 490.00 05/25/12 PACHECO, ALPHONSE 468.00 05/25/12 NOWICKI, PAUL 210.00 05/25/12 OLSON, JAMES 2,778.84 05/25/12 NIELSEN, KENNETH 288.00 05/25/12 NOVAK, JEROME 2,778.84 05/25/12 MONSON, PETER 180.00 05/25/12 MORGAN, JEFFERY 292.50 05/25/12 MILLER, NICHOLAS 120.00 05/25/12 MONDOR, MICHAEL 3,119.66 05/25/12 LOCHEN, MICHAEL 548.00 05/25/12 MILLER, LADD 564.00 05/25/12 KUBAT, ERIC 2,553.63 05/25/12 LINDER, TIMOTHY 2,702.31 05/25/12 KERSKA, JOSEPH 477.00 05/25/12 KONDER, RONALD 324.00 05/25/12 KANE, ROBERT 913.50 05/25/12 KARRAS, JAMIE 219.00 05/25/12 JANSEN, CHAD 180.00 05/25/12 JONES, JONATHAN 324.00 05/25/12 HUTCHINSON, JAMES 658.00 05/25/12 IMM, TRACY 288.00 05/25/12 HAWTHORNE, ROCHELLE 2,067.07 05/25/12 HENDRICKSON, NICHOLAS 2,507.77 05/25/12 HALE, JOSEPH 336.00 05/25/12 HALWEG, JODI 2,761.40 05/25/12 FOSSUM, ANDREW 2,702.31 05/25/12 HAGEN, MICHAEL 252.00 05/25/12 EVERSON, PAUL 2,986.11 05/25/12 FASULO, WALTER 397.50 05/25/12 DAWSON, RICHARD 2,674.17 05/25/12 EATON, PAUL 426.00 05/25/12 CRAWFORD, RAYMOND 675.00 05/25/12 CRUMMY, CHARLES 324.00 05/25/12 CAPISTRANT, JACOB 732.00 05/25/12 CAPISTRANT, JOHN 402.50 05/25/12 BRADBURY, RYAN 36.00 05/25/12 BRESIN, ROBERT 468.00 05/25/12 BIGELBACH, ANTHONY 144.00 05/25/12 BOURQUIN, RON 576.00 05/25/12 BASSETT, BRENT 564.00 05/25/12 BAUMAN, ANDREW 2,702.31 Packet Page Number 58 of 347 05/25/12 KROLL, LISA 1,964.55 05/25/12 SWANSON, CHRIS 275.00 05/25/12 WACHAL, KAREN 887.48 05/25/12 GAYNOR, VIRGINIA 3,244.09 05/25/12 HUTCHINSON, ANN 2,649.17 05/25/12 SOUTTER, CHRISTINE 405.57 05/25/12 GERNES, CAROLE 618.21 05/25/12 HAYMAN, JANET 1,259.37 05/25/12 BIESANZ, OAKLEY 1,449.84 05/25/12 DEAVER, CHARLES 922.81 05/25/12 NAUGHTON, JOHN 2,146.15 05/25/12 NORDQUIST, RICHARD 2,151.46 05/25/12 HAYS, TAMARA 1,539.75 05/25/12 HINNENKAMP, GARY 2,268.46 05/25/12 GUNDERSON, THOMAS 672.00 05/25/12 HAMRE, MILES 1,513.60 05/25/12 EDSON, DAVID 2,191.39 05/25/12 GUNDERSON, ANDREW 972.00 05/25/12 KONEWKO, DUWAYNE 4,413.24 05/25/12 BUTTWEILER, TYLER 420.00 05/25/12 ZIEMAN, SCOTT 582.20 05/25/12 JANASZAK, MEGHAN 1,497.35 05/25/12 LOVE, STEVEN 3,446.88 05/25/12 THOMPSON, MICHAEL 4,058.96 05/25/12 KUMMER, STEVEN 3,216.56 05/25/12 LINDBLOM, RANDAL 3,042.96 05/25/12 JACOBSON, SCOTT 2,479.61 05/25/12 JAROSCH, JONATHAN 3,013.03 05/25/12 DUCHARME, JOHN 2,740.37 05/25/12 ENGSTROM, ANDREW 2,555.76 05/25/12 TEVLIN, TODD 2,146.15 05/25/12 BURLINGAME, NATHAN 2,087.20 05/25/12 RUIZ, RICARDO 1,539.75 05/25/12 RUNNING, ROBERT 2,514.05 05/25/12 NAGEL, BRYAN 3,560.40 05/25/12 OSWALD, ERICK 2,357.97 05/25/12 JONES, DONALD 2,146.15 05/25/12 MEISSNER, BRENT 1,949.35 05/25/12 DEBILZAN, THOMAS 2,146.17 05/25/12 EDGE, DOUGLAS 2,125.00 05/25/12 BRINK, TROY 3,091.61 05/25/12 BUCKLEY, BRENT 2,085.35 05/25/12 KNUTSON, LOIS 2,054.95 05/25/12 NIVEN, AMY 1,425.42 05/25/12 LUKIN, STEVEN 4,498.52 05/25/12 ZWIEG, SUSAN 1,706.92 05/25/12 WHITE, JOEL 180.00 05/25/12 GERVAIS-JR, CLARENCE 3,985.69 05/25/12 SVENDSEN, RONALD 3,079.77 05/25/12 WESSELS, TIMOTHY 288.00 05/25/12 SEDLACEK, JEFFREY 2,831.18 05/25/12 STREFF, MICHAEL 2,702.31 Packet Page Number 59 of 347 05/25/12 BUTLER, ANGELA 119.00 05/25/12 COSTA, JOSEPH 565.00 05/25/12 BRUSOE, CRISTINA 43.88 05/25/12 BUCKLEY, BRITTANY 236.90 05/25/12 BIGGS, ANNETTE 131.58 05/25/12 BRUSOE, AMY 218.21 05/25/12 BAETZOLD, SETH 48.94 05/25/12 BAUDE, SARAH 36.50 05/25/12 ANDERSON, ALYSSA 19.38 05/25/12 ANDERSON, MAXWELL 399.43 05/25/12 SHERRILL, CAITLIN 679.72 05/25/12 VUE, LOR PAO 195.50 05/25/12 PELOQUIN, PENNYE 515.64 05/25/12 PENN, CHRISTINE 2,332.74 05/25/12 HOFMEISTER, TIMOTHY 534.55 05/25/12 KULHANEK-DIONNE, ANN 397.50 05/25/12 HER, PETER 445.30 05/25/12 HOFMEISTER, MARY 1,124.45 05/25/12 EVANS, CHRISTINE 1,374.42 05/25/12 GLASS, JEAN 2,125.10 05/25/12 ANZALDI, MANDY 1,467.38 05/25/12 CRAWFORD - JR, RAYMOND 312.40 05/25/12 ORE, JORDAN 1,539.75 05/25/12 SCHULTZ, SCOTT 3,090.82 05/25/12 GERMAIN, DAVID 2,155.39 05/25/12 HAAG, MARK 2,356.55 05/25/12 VUKICH, CANDACE 63.75 05/25/12 ADAMS, DAVID 1,840.24 05/25/12 SCHALLER, TYLER 47.13 05/25/12 TAYLOR, JAMES 2,738.98 05/25/12 ROBBINS, CAMDEN 96.00 05/25/12 SCHALLER, SCOTT 163.63 05/25/12 LARSON, KATELYN 126.00 05/25/12 ROBBINS, AUDRA 3,019.96 05/25/12 KHOURY, SARAH 493.50 05/25/12 KOHLMAN, JENNIFER 161.50 05/25/12 DWELLY, KATHLEEN 37.50 05/25/12 GERMAIN, BRADY 100.00 05/25/12 BJORK, BRANDON 74.25 05/25/12 BRENEMAN, NEIL 2,159.70 05/25/12 BERGER, STEPHANIE 211.38 05/25/12 BETHEL III, CHARLES 70.13 05/25/12 SWAN, DAVID 2,766.15 05/25/12 WELLENS, MOLLY 1,659.23 05/25/12 CARVER, NICHOLAS 3,244.09 05/25/12 FISHER, DAVID 3,807.86 05/25/12 MARTIN, MICHAEL 2,709.35 05/25/12 BRASH, JASON 2,393.35 05/25/12 EKSTRAND, THOMAS 3,829.34 05/25/12 FINWALL, SHANN 3,233.35 05/25/12 THOMPSON, DEBRA 760.22 05/25/12 YOUNG, TAMELA 2,015.75 Packet Page Number 60 of 347 05/25/12 TRUE, ANDREW 43.25 05/25/12 TUPY, HEIDE 91.60 05/25/12 SMITLEY, SHARON 310.80 05/25/12 TREPANIER, TODD 308.00 05/25/12 SMITH, ANN 203.00 05/25/12 SMITH, CASEY 67.41 05/25/12 SJERVEN, BRENDA 36.00 05/25/12 SKAAR, SAMANTHA 15.00 05/25/12 SCHREINER, MARK 32.85 05/25/12 SCHREINER, MICHELLE 123.63 05/25/12 SCHMIDT, EMILY 88.40 05/25/12 SCHREIER, ROSEMARIE 325.38 05/25/12 RONNING, ISAIAH 103.95 05/25/12 RUIZ, MARIA 46.00 05/25/12 RESENDIZ, LORI 636.84 05/25/12 RICHTER, DANIEL 207.90 05/25/12 PROESCH, ANDY 591.58 05/25/12 RANEY, COURTNEY 513.00 05/25/12 NORTHOUSE, KATHERINE 83.25 05/25/12 POVLITZKI, MARINA 19.00 05/25/12 NADEAU, TAYLOR 54.10 05/25/12 NELSON, ELEONOR 50.00 05/25/12 MUSA, OLUTOYIN 40.00 05/25/12 NADEAU, KELLY 191.05 05/25/12 MCCANN, NATALIE 218.00 05/25/12 MCCORMACK, MELISSA 33.08 05/25/12 LAMEYER, ZACHARY 27.15 05/25/12 LAMSON, ELIANA 72.00 05/25/12 KRONHOLM, KATHRYN 725.60 05/25/12 LAMEYER, BRENT 46.50 05/25/12 JOYER, ANTHONY 22.20 05/25/12 KOLLER, NINA 213.38 05/25/12 JOHNSON, BARBARA 211.09 05/25/12 JOHNSON, KAITLYN 54.95 05/25/12 HOLMBERG, LADONNA 570.50 05/25/12 HORWATH, RONALD 2,614.55 05/25/12 HANSEN, HANNAH 115.00 05/25/12 HEINRICH, SHEILA 298.00 05/25/12 GRUENHAGEN, LINDA 381.00 05/25/12 HAGSTROM, EMILY 40.20 05/25/12 GIEL, NICOLE 76.00 05/25/12 GRAY, MEGAN 83.01 05/25/12 GADOW, ANNA 428.56 05/25/12 GADOW, VERONIKA 70.65 05/25/12 FOX, KELLY 120.00 05/25/12 FRAMPTON, SAMANTHA 171.50 05/25/12 ERICKSON-CLARK, CAROL 49.00 05/25/12 FONTAINE, KIM 565.88 05/25/12 DIONNE, DANIELLE 90.60 05/25/12 DUNN, RYAN 1,032.30 05/25/12 CRANDALL, KRISTA 97.99 05/25/12 DEMPSEY, BETH 328.25 Packet Page Number 61 of 347 9986852 9986853 9986854 9986855 9986856 9986857 9986858 9986859 9986860 9986861 502,673.82$ 05/25/12 MORGAN, LINDSEY 157.69 05/25/12 STEFFEN, MICHAEL 87.00 05/25/12 WALES, ABIGAIL 93.81 05/25/12 WEINHAGEN, SHELBY 258.15 05/25/12 PIEPER, THEODORE 35.00 05/25/12 SCOTT, HALEY 44.10 05/25/12 VANG, TIM 272.00 05/25/12 ERICSON, RACHEL 46.80 05/25/12 BENNETT, ERIN 112.00 05/25/12 DIAZ, SARITA 63.00 05/25/12 FRANZEN, NICHOLAS 2,623.62 05/25/12 KREGER, JASON 2,087.21 05/25/12 BERGO, CHAD 2,678.00 05/25/12 FOWLDS, MYCHAL 3,791.22 05/25/12 PRIEM, STEVEN 2,415.66 05/25/12 WOEHRLE, MATTHEW 2,305.56 05/25/12 VANG, GEORGE 137.75 05/25/12 AICHELE, CRAIG 2,221.07 05/25/12 SCHULZE, KEVIN 504.00 05/25/12 THOMPSON, BENJAMIN 390.50 05/25/12 PRINS, KELLY 1,690.16 05/25/12 REILLY, MICHAEL 1,934.15 05/25/12 DOUGLASS, TOM 1,756.55 05/25/12 MALONEY, SHAUNA 187.50 05/25/12 BORCHERT, JONATHAN 152.25 05/25/12 COLEMAN, PATRICK 139.50 05/25/12 BOSLEY, CAROL 50.00 05/25/12 KENN, MADELINE 147.00 05/25/12 WEDES, CARYL 24.75 05/25/12 WOLFGRAM, MARY 52.65 05/25/12 TUPY, MARCUS 285.00 05/25/12 WARNER, CAROLYN 316.80 Packet Page Number 62 of 347 Agenda Item G2 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: June 6, 2012 RE: Approval of Agreement for Use of Harvest Park for the Susan G. Komen 3- Day Race for the Cure Event Introduction Nancy G. Brinker promised her dying sister, Susan G. Komen, she would do everything in her power to end breast cancer forever. In 1982, that promise became the Susan G. Komen for the Cure and launched the global breast cancer movement. Today, Susan G. Komen for the Cure is the world's largest grassroots network of breast cancer survivors and activists fighting to save lives, empower people, ensure quality care for all and energize science to find the cures. Background For the last five years, the Susan G. Komen for the Cure coordinators have worked with the City for the use of Harvest Park as their home base for over 3,000 participants for the Susan G. Komen Race for the Cure® held in the Metro area. It has been a successful partnership and the event organizers have requested the use of Harvest Park again this year. The Susan G. Komen Race for the Cure® event is scheduled for August 24-26. Staff has had correspondence with the coordinators for the event to ensure that health and safety, public safety and other concerns are met. Staff has experienced a very professional and responsible working relationship the last five years with the event coordinators and look forward to working with them again. Attached you will find a copy of the proposed agreement that requires council approval. Recommendation It is recommended that the City Council approve the Susan G. Komen Race for the Cure® event agreement. Attachment 1: Use Agreement Packet Page Number 63 of 347 USE AGREEMENT City of Maplewood Citizen Services Department The Use Agreement (hereafter “Agreement”) is made and entered in to this ____ day of __________, 2012, by and between the City of Maplewood, a Minnesota municipal corporation (hereafter the “City”), and The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen for the Cure® (hereafter “Komen”), as producer of the 2012 Susan G. Komen Twin Cities 3-Day event benefiting Komen, a non-profit organization. WHEREAS, Komen has requested to use the Harvest Park property for a scheduled non-profit event benefiting Susan G. Komen For The Cure® a non-profit organization; and WHEREAS, the City believes that the non-profit event planned by Komen would benefit the citizens of the City of Maplewood and the surrounding areas and desires to allow use of the Harvest Park property for the requested uses; NOW THEREFORE, in consideration of the mutual promises, covenants, and benefits contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the City and Komen agree as follows: 1. Komen shall have the right to use the Harvest Park property in connection with a non-profit cancer awareness program and matters related to the Susan G. Komen Twin Cities 3-Day. Komen shall have the right to use the property to construct an overnight campground. NO campfires will be allowed, and all camp design and construction plans, including areas in which vehicular access to the property will be allowed, shall be subject to the specific approval of the City, which approval shall not be unreasonably withheld. 2. Komen will be permitted to use the Harvest Park property on the following days: a. August 22 and 23, 2012, for set up b. August 24-26, 2012, for event day c. August 27, 2012 for clean up 3. Komen accepts full responsibility and liability for any and all damages resulting to the park property as a result of its use for the Susan G. Komen Twin Cities 3-Day, reasonable wear and tear excluded. Komen agrees to restore the property to its previous condition, which is reasonably acceptable to the City of Maplewood. The Director of Citizen Services and Maplewood Staff will meet on Monday, August 27, 2012 with Kendra O’Donnell, Event Production Manager, Event 360, Inc., to evaluate the condition of the property and to determine what work, if any, will be necessary to restore the property to its previous condition. A security deposit of $5,000.00, made payable to the “City of Maplewood” must be received by July 30, 2012. The deposit will be refundable after inspection of the property and completion of all items of reasonable concern are addressed. 4. Komen shall maintain general liability insurance in an amount of at least amounts not less than those set forth on the attached Certificate of Insurance at all times during the Terms of this Agreement to protect the City from any and all liability to persons or property which may result from use of the Harvest Park property. Komen shall provide the City to be named as “additional insured” on its binder. 5. The City shall be responsible for having the property mowed and clear of litter and trash and in good and useable condition prior to August 22, 2012. 6. Komen will coordinate security and traffic issues with the City of Maplewood Police Department. The event area will be secured and closed to the public no later than 9:00 p.m. on the days that the property is being used by Komen for the Susan G. Komen Twin Cities 3-Day. 7. Komen shall notify the City by August 1, 2012, of the emergency contingency plan for the scheduled event in case of inclement weather. Packet Page Number 64 of 347 8. Komen shall defend, indemnify and hold harmless the City, its elected officials, officers, agents, and employees from any and all suits, actions, legal proceedings, claims, demands, costs, expenses, and reasonable attorney’s fees resulting from any claim arising as a result of Komen’s use of the Harvest Park property under this Agreement. Nothing herein contained shall be deemed to in any way constitute a waiver by the City of any privileges and immunities it may have under the laws of the State of Minnesota or the Constitution of the State of Minnesota. Likewise, the City of Maplewood agrees to indemnify and hold Komen harmless from and against any and all costs, losses or expenses, including reasonable attorney’s fees, that Komen may incur by reason of (a) the City of Maplewood’s negligence or intentional misconduct or (b) any third-party claim(s) or law suit(s) arising out of, or in connection with the City of Maplewood’s performance or failure to perform pursuant to this agreement. 9. This Agreement shall become effective on the date signed by the last party hereto, and shall be governed by the laws of the State of Minnesota. Agreed to by the undersigned as evidenced by the signature set forth below. 10. Dispute Resolution. In the event of any dispute arising out of this Agreement, the parties shall use good faith efforts to resolve their differences amicably. In the event they are unsuccessful, the parties agree not to commence litigation until attempting to resolve their dispute through mediation. Either party may initiate the mediation process with 30 days’ prior written notice to the other party. 11. As to notice or communication regarding this agreement: Event360, Inc. City of Maplewood Susan G. Komen 3-Day for the Cure™ Citizen Services Department Kendra O’Donnell Karen Guilfoile, City Clerk Event Production Manager Director Citizen Services Phone: 661.212.8862 Phone: 651.249.2002 Fax: 888.453.1731 Fax: 651.249.2009 kodonnell@event360.com karen.guilfoile@ci.maplewood.mn.us 12. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts. Each counterpart will be considered a valid and binding original. Once signed, any reproduction of this Agreement made by reliable means (e.g., photocopy, facsimile) is considered an original. City of Maplewood By: By: Mayor, Will Rossbach City Manager, James Antonen Date: Date: Attest: City Clerk, Karen Guilfoile The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen for the Cure By: Title: Date: Packet Page Number 65 of 347 Agenda Report G3 MEMORANDUM TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: June 6, 2012 SUBJECT: Approval of Ramsey County Fair Temporary Gambling Permit Introduction Les Nelson, on behalf of White Bear Avenue Business Association, has applied for a temporary gambling permit for the Ramsey County Fair that will be held from July 11 through July 15, 2012. The Ramsey County Fair is an annual event and funds raised will be used for community events in the area. In order for the State of Minnesota to issue a temporary gambling permit, 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 permit for lawful gambling is approved for White Bear Avenue Business Association to be used at the Ramsey County Fair, 2020 White Bear Avenue, Maplewood, MN from July 11 through July 15, 2012. 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 It is recommended that the City Council approve the resolution for a temporary gambling permit for White Bear Avenue Business Association. Packet Page Number 66 of 347 AGENDA REPORT TO: James Antonen, City Manager FROM: Steve Kummer, Staff Engineer SUBJECT: Approval of Storm Water Maintenance Agreement for J&R Maplewood LLC (LaMettry’s Collision Building), City Project 11-21 DATE: June 1, 2012 INTRODUCTION The council will consider approval of a storm water maintenance agreement with LaMettry’s Collision located at 2923 Maplewood Drive for the maintenance of an underground infiltration system constructed as part of a new auto body repair shop building. BACKGROUND On October 10, 2011, the City Council approved a conditional use permit for Rick Lamettry to construct a new auto body repair shop located on a parcel north of his existing location at 2923 Maplewood Drive. The improvements include a new building and parking lot with an associated underground infiltration system for storm water treatment. DISCUSSION City staff requires maintenance agreements for all new developments and redevelopments constructing facilities for the treatment of storm water drainage to meet the City’s ordinance requirements. Maintenance is essential for these systems to achieve their designed performance for removal of runoff pollutants. This development will utilize an underground rock trench with perforated pipe to capture the first one inch of runoff from the site prior to discharging into the City’s storm water basin to the west. BUDGET There are no impacts to the City’s budget for this project. RECOMMENDATION It is recommended that the City Council authorize the Mayor and City Manager to enter into the attached agreement with the J and R Maplewood LLC (LaMettry’s Collision ownership) for the maintenance of storm water best management practices installed as part of the site improvements. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. Attachments: 1. Agreement Agenda Item G4 Packet Page Number 67 of 347 Agenda Item G4 Attachment 1 Packet Page Number 68 of 347 Agenda Item G4 Attachment 1 Packet Page Number 69 of 347 Agenda Item G4 Attachment 1 Packet Page Number 70 of 347 Agenda Item G4 Attachment 1 Packet Page Number 71 of 347 Agenda Item G4 Attachment 1 Packet Page Number 72 of 347 AGENDA REPORT TO: James Antonen, City Manager FROM: Steve Kummer, Staff Engineer SUBJECT: Approval of Storm Water Maintenance Agreement for Maplewood 2007 LLC (Maplewood Town Center), City Project 12-02 DATE: June 1, 2012 INTRODUCTION The City Council will consider approval of a storm water maintenance agreement with the Maplewood Town Center shopping center located at 1845 County Road D East (former Best Buy location) for the maintenance of an underground infiltration system constructed as part of a redevelopment plan for the shopping center. BACKGROUND On March 27, 2012, the Community Design Review Board (CDRB) approved a plan to modify the existing Maplewood Town Center, which housed the former Best Buy location. The improvements include removal of the front portion of the existing space, parking lot renovations and improvements to pedestrian accessibility. Per the City’s stormwater ordinance, the project is disturbing more than ½- acre, and will require storm water management consistent with the ordinance. The applicant will install an underground infiltration and rate control system to meet these requirements. DISCUSSION City staff requires maintenance agreements for all new developments and redevelopments constructing facilities for the treatment of storm water to meet the City’s ordinance requirements. Maintenance is essential for these systems to achieve their designed performance for removal of runoff pollutants. BUDGET There are no impacts to the City’s budget for this project. RECOMMENDATION It is recommended that the City Council authorize the Mayor and City Manager to enter into the attached agreement with Maplewood 2007 LLC (Maplewood Town Center) for the maintenance of storm water best management practices installed as part of the site improvements. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. Attachments: 1. Agreement Agenda Item G5 Packet Page Number 73 of 347 Agenda Item G5 Attachment 1 Packet Page Number 74 of 347 Agenda Item G5 Attachment 1 Packet Page Number 75 of 347 Agenda Item G5 Attachment 1 Packet Page Number 76 of 347 Agenda Item G5 Attachment 1 Packet Page Number 77 of 347 Agenda Item G5 Attachment 1 Packet Page Number 78 of 347 Agenda Item G5 Attachment 1 Packet Page Number 79 of 347 AGENDA REPORT TO: James Antonen, City Manager FROM: Steve Kummer, Staff Engineer SUBJECT: Approval of Storm Water Maintenance Agreement for Kennard Professional Building East LLC (Kennard East Professional Building: VA Medical Center), Project 11-27 DATE: June 1, 2012 INTRODUCTION The City Council will consider approval of a storm water maintenance agreement with the new VA Medical Center located at 1725 Legacy Parkway East (east of the roundabout at Kennard Street and Legacy Parkway) for the maintenance of an underground infiltration system constructed as part of the proposed development. BACKGROUND On December 13, 2011, the Community Design Review Board (CDRB) approved a plan for the Veterans Administration to develop an outpatient medical clinic on the vacant site east of the existing Kennard Professional Building. The improvements include 23,000 square feet of new building space with associated parking. Per the City’s stormwater ordinance, the project is disturbing more than ½- acre, and will require storm water management consistent with the ordinance. The applicant is proposing to meet infiltration requirements utilizing a perforated pipe storm sewer installed under the parking lot. DISCUSSION City staff requires maintenance agreements for all new developments and redevelopments constructing facilities for the treatment of storm water to meet the City’s ordinance requirements. Maintenance is essential for these systems to achieve their designed performance for removal of runoff pollutants. BUDGET There are no impacts to the City’s budget for this project. RECOMMENDATION It is recommended that the City Council authorize the Mayor and City Manager to enter into the attached agreement with Kennard Professional Building East LLC (VA Clinic building management) for the maintenance of storm water best management practices installed as part of the site improvements. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. Attachments: 1. Agreement Agenda Item G6 Packet Page Number 80 of 347 Agenda Item G6 Attachment 1Packet Page Number 81 of 347 Agenda Item G6 Attachment 1Packet Page Number 82 of 347 Agenda Item G6 Attachment 1Packet Page Number 83 of 347 Agenda Item G6 Attachment 1Packet Page Number 84 of 347 Agenda Item G6 Attachment 1Packet Page Number 85 of 347 Agenda Item G6 Attachment 1Packet Page Number 86 of 347 Agenda Item G6 Attachment 1Packet Page Number 87 of 347 P:\council files\agendas\2012\061-annual-insurance tort waiver consent Agenda Item G7 AGENDA REPORT TO: James Antonen, City Manager FROM: Gayle Bauman, Finance Manager SUBJECT: Approval to Maintain Statutory Tort Liability Limits DATE: May 15, 2012 for June 11, 2012 council meeting BACKGROUND Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide each year whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the f ollowing effects: • If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. • If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000, regardless of the number of claimants. • If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the City Council. The City has elected to not waive the statutory tort limits in the past which would limit recovery to $500,000 per claimant and $1,500,000 per occurrence for the upcoming policy period. A resolution is not required unless the Council changes their decision from one year to the next. RECOMMENDATION It is recommended that the council keep the election in place to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Packet Page Number 88 of 347 P:\council files\agendas\2012\061 insurance agent 12-13 consent Agenda Item G8 AGENDA REPORT TO: James Antonen, City Manager FROM: Gayle Bauman, Finance Manager SUBJECT: Approval of Resolution Authorizing Purchase of Insurance Agent Services DATE: May 15, 2012 for June 11, 2012 council meeting INTRODUCTION Council authorization is requested to purchase insurance agent and broker of record services from Arthur J. Gallagher and Company at a cost of $12,000 for the period from 7/1/12 through 6/30/13. The current cost is $12,000. This company serves as the broker of record for the city’s property and liability insurance coverage that is with the League of Minnesota Cities Insurance Trust. This is a recurring contract. Arthur J. Gallagher and Company was selected through a request for proposals (RFP) process in 2004. FINANCIAL IMPACT This cost is budgeted for in the 2012 budget. RECOMMENDATION Staff recommends adoption of the attached resolution to retain Arthur J. Gallagher and Company as insurance agent for the city of Maplewood at a cost of $12,000. Packet Page Number 89 of 347 P:\council files\agendas\2012\061 insurance agent 12-13 consent Councilmember _______________________ introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED THAT Arthur J. Gallagher and Company be re-appointed as the broker of record and insurance agent at a cost of $12,000 for the insurance year starting July 1, 2012 and continuing through June 30, 2013. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember _____________________ and upon vote being taken thereon, the following voted in favor and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the re- appointment of Arthur J. Gallagher and Company as the broker of record and insurance agent for the City of Maplewood starting July 1, 2012 through June 30, 2013. ______________________________ City Clerk Packet Page Number 90 of 347 P:\COUNCIL FILES\AGENDAS\2012\061-budget adj mcc 2012 CONSENT.doc Agenda Item G9 AGENDA REPORT TO: James Antonen, City Manager FROM: Gayle Bauman, Finance Manager DuWayne Konewko, Parks and Recreation Director SUBJECT: Approval of MCC Budget Adjustments for 2012 DATE: May 31, 2012 for June 11, 2012 council meeting INTRODUCTION The Maplewood Community Center (MCC) has undergone many changes the past few years and staff is working diligently on a work plan to manage the operating loss while taking care of deferred maintenance issues. DISCUSSION The Community Center was assigned to Mr. Konewko at the end of 2010. During 2011, changes were introduced to staffing, programs and services. The City partnered with North St. Paul on some programming and Subway was brought in to replace our concession area. The Council was presented with 2011 financial information at the May 14, 2012 council meeting. 2011 was a difficult year for the MCC. Revenues have been dropping for the past four years and for 2011 the financial statements reflected this by showing an operating loss before depreciation and pool upgrades of $(569,305) and a cash loss of $(295,867). After reviewing financial data from the first four months of 2012, the budgeted operating loss of $(256,580) before depreciation appears to be a little optimistic. Staff is proposing to decrease the budgeted revenues by $100,000, decrease the budgeted expenses by $50,000 and limit the capital outlay spent during the year to $25,000. This would result in a projected operating loss of $(306,580) before depreciation. The following table shows how big of an improvement this would be over 2011: 2011 2012 Change Operating loss - adjusted (569,305) (306,580) 262,725 Mr. Konewko is recommending the following 2012 budget adjustments but stresses that they may result in changes to services and/or hours of operation for the MCC going forward. REVENUES Monthly memberships 602-611-001-3644 (100,000) EXPENSES OFFICE Wages – part time 602-611-001-4020 (2,500) Wages – temporary 602-611-001-4025 (2,500) Duplicating costs 602-611-001-4550 (2,500) ADMISSIONS Wages – temporary 602-611-002-4025 (2,000) Merchandise for resale – snack bar 602-611-002-4280 (1,500) Packet Page Number 91 of 347 P:\COUNCIL FILES\AGENDAS\2012\061-budget adj mcc 2012 CONSENT.doc Merchandise for resale – pro shop 602-611-002-4281 (1,500) POOL Wages – temporary 602-612-061-4025 (15,000) EXERCISE PROGRAMS Wages – full time 602-612-064-4010 (8,000) Wages – temporary 602-612-064-4025 (2,500) Fees for service (exercise programs) 602-612-064-4480 20,000 SENIOR PROGRAMS Wages – temporary 602-612-077-4025 (1,000) THEATER Fees for service 602-613-021-4480 (12,500) BANQUET ROOMS Wages – temporary 602-613-022-4025 (2,000) PRE-SCHOOL PROGRAMS Wages – temporary 602-613-025-4025 (2,000) BUILDING MAINTENANCE Wages – temporary 602-614-000-4025 (2,500) Supplies – equipment 602-614-000-4160 (10,000) Utilities 602-614-000-4320 (10,500) Repairs & maintenance – equipment 602-614-000-4430 (10,000) MARKETING Consulting 602-611-003-4490 18,500 Total expense adjustments (50,000) FINANCIAL IMPACT None. The budget is being adjusted to better reflect actual activity. Expenses are being cut to absorb some of the projected revenue shortfalls. RECOMMENDATION It is recommended that the Council approve the budget adjustments listed above. Packet Page Number 92 of 347 Agenda Item G10 AGENDA REPORT TO: James Antonen, City Manager FROM: Gayle Bauman, Finance Manager SUBJECT: Approval of US Bank as a Discretionary Investment Manager and Custodian DATE: May 31, 2012 for June 11, 2012 council meeting INTRODUCTION It is proposed that agreements with US Bank National Association for investment management and custody services be approved for a three-year period. DISCUSSION In the past, higher interest rates and more stable investment credit quality allowed the City to save costs associated with discretionary investment management service providers by handling the workload in-house. Today, the expertise of providers is available at a more reasonable cost and the value of extensive credit/risk analysis ensures greater protection of the overall investment portfolio. Currently, city staff is responsible for all investment management decisions associated with the investments held. This means that the City must research and analyze each security issuer to ensure full payment of interest and principal over the life of each security. The City must then shop multiple broker/banks to determine the best single investment with the greatest yield and lowest risk. With the decline of interest rates over the past years, it takes a considerable amount of time to find these high quality investments and ensure best price when purchasing through multiple brokers. It is also more difficult than ever to maximize yield and ensure high quality investment securities to protect risk exposure. Further, with the failures of large institutional brokerage firms like Lehman Brothers, many public entities have to consider how to best protect the entire portfolio against a potential brokerage firm failure and the impact that it might have on the underlying security. Therefore, entities have begun to consider and many have chosen to hire a third party vendor, who is responsible for all research, investments, and the accounting. US Bank is our current bank and has provided high quality service over the years. US Bank also currently works with multiple MN public entities and has a proven track record of high quality customer service as well as competitive investment portfolio returns. US Bank’s discretionary investment management proposal includes full custodial accounting and reporting. In addition, they would also update (at no cost) our Investment Policy Statement specifically for the City of Maplewood, which would be based on the approved investments currently governed under MN Statute 118A. Packet Page Number 93 of 347 Other items considered during the review of US Bank’s proposal included: Security of Investments – US Bank is headquartered in Minnesota, and is one of the highest rated banks in the country. Also, their proposal to utilize a custodial account for the investments adds another layer of protection to the investments since any security held in custody is not part of the overall bank’s balance sheet. This means that if US Bank should declare bankruptcy, the investment securities of the City are protected from the claims and creditors of US Bank. Time Saved – City staff does not have the expertise of US Bank when it comes to investments and spends many hours researching investments, analyzing cash flows and consolidating accounting reports. Outsourcing these functions would allow staff to focus on other projects where their training and talents are better utilized. Added Efficiencies – Utilizing US Bank custody services, the City receives on-line reporting access to the entire portfolio (at no additional cost). With on-line reporting, the City will receive electronic statements, and be able to download specific transaction and investment detail. Multiple report formats are available to choose from and all are compliant and up to date with the appropriate GASB guidelines – which will come in handy during the audit season. The portfolio will be managed to match the City’s cash flow needs. The city previously used outside firms for investment management service in 1997-1998 and again in 1999-2006. The proposed annual fee is 15 (.0015) basis points based on market value of investments. It is anticipated that US Bank would handle $3 million for the first two years and increase the amount to $5 million during the third year. Approximate cost for these amounts would be $4,500 for years one and two and would increase to $7,500 for year three. The City may invest more or less than these amounts depending on cash flow needs and US Bank’s performance. RECOMMENDATION Staff recommends using US Bank as a discretionary investment manager and custodian for the City’s investment portfolio by approving the attached Investment Management Agreement and the Custody Agreement with US Bank. P:\council files\agendas\2012\061-us bank investment mgmt CONSENT.doc Attachments: a. Investment Management Agreement b. Custody Agreement c. Listing of other MN public entity clients Packet Page Number 94 of 347 Page 1 of 6 Investment Management Agreement INVESTMENT MANAGEMENT AGREEMENT THIS AGREEMENT, made this __ day of May, 2012, by and between U.S. Bank National Association, a national banking association with trust powers (the “Manager”) and City of Maplewood (the “Client”). In consideration of the premises set forth herein, the Manager and the Client agree as follows: 1. Appointment of Manager. The Client hereby engages the Manager and the Manager hereby agrees to act as investment manager for the account of the Client (the “Account”) with respect to the assets credited thereto. 2. Authority of Manager. (a) The investment of Account assets shall at all times be subject to the investment objectives, policies, directions and restrictions of Client, if any, established for the Account, or for any subaccount of investment securities established by Client within the Account (a “Subaccount”), as set forth in initial written directions, and in written amendments or supplements thereto, from time to time delivered by the Client to the Manager (the “Directions”). By delivery of Directions to the Manager, the Client may direct retention of any assets credited to the Account and may direct acquisition of assets for the Account or disposition of assets from the Account, including the stock or other securities issued by U.S. Bancorp, the Manager’s parent holding company, and other investment securities in which the Manager or its affiliates have an interest as issuer, investment advisor or service provider. The Client shall ascertain that such Directions do not violate any applicable state or federal law. The Manager shall have no authority, power or responsibility to analyze, recommend, approve or undertake the retention, acquisition or disposition of Account assets that are the subject of Client’s Directions. It shall be the Client’s sole responsibility to promptly deliver all Directions to the Manager and to give the Manager prompt written notice if Client deems any Account investments to be in violation of the Directions or applicable state or federal law. The initial Directions shall be in the form set forth in Exhibit A hereto. (b) Within the parameters of the requirements set forth in the Directions for the Account or any Subaccount, the Manager shall have the sole and exclusive responsibility for the investment management of the Account assets and the making and execution of all investment decisions for the Client with respect to the Account. Notwithstanding the forgoing, the Manager is not responsible to identify or monitor investments in the Account to ensure compliance with any applicable state law or applicable federal law. (c) Unless otherwise agreed in writing, the Manager will not act as the custodian or trustee for the Account. The Client will cause the Account’s custodian to take all necessary steps to settle purchases, sales, and trades directed by the Manager, including delivery of certificates, payment of funds, and such other acts as may be necessary to fulfill such custodial responsibilities. The Manager shall give notice and directions (and copies thereof) with respect to transactions in such manner as shall be agreed upon with the Account’s custodian and the Client. (d) The Client may at any time add assets to or remove them from the Account or any Subaccount; provided that certain reasonable lead time may be necessary between the time of the Client’s notice to the Manager of the Client’s intent to transfer assets from the Account and the subsequent removal of such assets. (e) The Client hereby authorizes and directs the Manager to invest Account funds in the First American Funds, Inc. (the “Affiliated Funds”) to the extent consistent with the Account’s then current Directions. The Client acknowledges and understands that the Manager’s affiliate is the investment Attachment 1 Packet Page Number 95 of 347 Investment Management Agreement Page 2 of 6 advisor for the Affiliated Funds. The Manager is the sub-administrator, securities lending agent and custodian of the Affiliated Funds and the Manager receives compensation from the Affiliated Funds as detailed in the prospectuses for the Affiliated Funds. The Client also acknowledges receipt of the Affiliated Funds prospectuses. Notwithstanding the Directions for the Account, the Client further authorizes and directs the Manager to invest in the Affiliated Funds on a temporary basis, uninvested cash held in the Account from time to time. The Manager shall have no authority to vote proxies of the Affiliated Funds held in the Account, and shall forward any such proxies to Client. The Client acknowledges that the Affiliated Funds are not insured by the Federal Deposit Insurance Corporation or any other government agency, are not guaranteed by the Manager or any affiliate bank or trust company, and that any mutual fund investment involves investment risks, including the possible loss of principal. 3. Representations and Warranties. Client hereby represents and warrants to Manager that (a) Client has the requisite legal capacity and authority to execute, deliver and perform its obligations under this Agreement, (b) this Agreement has been duly authorized, executed and delivered by Client and is the legal, valid and binding agreement of Client, enforceable against Client in accordance with its terms, (c) Client’s execution of this Agreement and the performance of its obligations hereunder do not conflict with or violate any provisions of the governing documents of Client or any obligations by which Client is bound, whether by contract, operation of law or otherwise, (d) Client will deliver to the Manager evidence of Client’s authority in compliance with such governing documents upon Manager’s request, (e) Client is the owner of all cash, securities, and other assets in the Account, and there are no restriction on the Client’s ability to pledge, hypothecate, transfer, sell or distribute such cash, securities or assets, and (f) the Account will not hold any assets that are subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). 4. Books, Records and Reports. (a) The Manager will furnish information, reports or statements at such times and in such manner as the Client may from time to time reasonably request, and the Manager shall report to the Client regularly at such times and in such detail as the Client may from time to time reasonably determine to be appropriate, in order to permit the Client to determine the Manager’s investment of Account assets are consistent with the Directions. (b) The Manager hereby acknowledges that records necessary in the operation of the Account, including, without limitation, records pertaining to investment of the Account, are the property of the Client. If a transfer of management or investment advisory services to someone other than the Manager should occur, the Manager will promptly take all steps necessary to segregate such records and deliver them to the Client. (c) The Client agrees to furnish the Manager or cause to be furnished to the Manager such information as the Manager may from time to time reasonably request with respect to services to be performed by the Manager under this Agreement. 5. Proxy Voting, Corporate Actions. The Client hereby delegates all authority to the Manager to vote proxies; except, however, that proxies for securities of U.S. Bancorp or any affiliate company will be forwarded to the Client, as will proxies for any Affiliated Funds held under the Account. The Manager shall not be responsible for administrative filings, including but not by way of limitation, proofs of claims or claims in class actions. 6. Compensation for Services. In payment for all services rendered by the Manager under this Agreement, and for all costs incurred by the Manager in connection with the rendering of services under this Agreement, the Client shall compensate the Manager at such times, in such manner and amounts and in accordance with such formulae as agreed upon from time to time between the Manager Packet Page Number 96 of 347 Investment Management Agreement Page 3 of 6 and the Client, a current description of which is set forth in Exhibit B attached hereto. Such compensation may be paid directly by the Client or from the Account assets as directed by the Client. The Client shall review and approve all market quotations and fee calculations upon which any fees payable to the Manager for services rendered under this Agreement are based. 7. Investment Manager Representations. The Manager hereby represents and warrants that it is U.S. Bank National Association, which is a “bank” as defined in Section 202(a)(2) of the Investment Advisers Act of 1940, as amended (the “1940 Act), and, therefore, that it is exempt from registration with the Securities and Exchange Commission under Section 202(a)(11)(A) of the 1940 Act. 8. Standard of Care; Indemnification. Client acknowledges and agrees that Manager does not warrant the rate of return on, or market value of, the Account. It is further agreed that the Manager may rely upon information that the Client furnishes to the Manager and that the Manager reasonably believes to be accurate and reliable. Client agrees to indemnify and hold the Manager, its officers, directors, employees and agents harmless against all liabilities and claims (including reasonable attorneys’ and other professional fees and expenses) arising out of or in connection with (1) alleged errors in judgment in managing the Account under this Agreement; (2) any loss of Account assets due to asset value depreciation; and (3) following Directions hereunder in good faith and/or failure to act in the absence of Directions; provided, however, that the Client shall not provide indemnification or hold the Manager harmless for claims resulting from the Manager’s material breach of this Agreement, or the dishonest or criminal acts or the gross negligence or bad faith of the Manager under this Agreement. Under no circumstances shall Manager be liable to the Client hereunder for indirect, incidental or consequential damages, even if such damages are reasonably foreseeable. 9. Freedom to Deal with Third Parties. The Manager shall be free to render services to others similar to those rendered under this Agreement or of a different nature except as and to the extent that such services may conflict with the services to be rendered or the duties to be performed hereunder. 10. Term and Termination. This Agreement shall continue in force until terminated by the Client or the Manager upon 30 days’ written notice to the other party. 11. Amendments to Agreement. No amendment to this Agreement shall be effective until approved in writing by both parties hereto. This Agreement may not be assigned by either party without the prior written consent of the other party hereto. 12. Notices. Any notice under this Agreement shall be in writing, addressed, delivered or mailed, postage prepaid, to the other party at such address and to such person as such other party may designate in writing for receipt of such notice. 13. Governing Laws. This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Minnesota, without regard to conflicts of laws, to the extent not pre-empted by federal law. 14. Entire Agreement. This Agreement and the Exhibits attached hereto set forth the entire agreement and understanding of the parties relating to the subject matter hereof, and supersede all prior agreements, arrangements and understandings, written or oral, between the parties that pertain to said subject matter. This Agreement is binding upon all successors and assigns of the parties, and shall be construed such that invalidity and unenforceability of one provision does not void or otherwise affect the remainder of the Agreement. The parties do not intend nor shall this Agreement be deemed to create in any third party any rights or responsibilities with respect to the parties. Packet Page Number 97 of 347 Investment Management Agreement Page 4 of 6 IN WITNESS WHEREOF, the Client and the Manager have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written. U.S. BANK NATIONAL ASSOCIATION By Debra Spencer Its Vice President CITY OF MAPLEWOOD By Gayle Bauman Its Finance Manager Packet Page Number 98 of 347 Page 5 of 6 Investment Management Agreement EXHIBIT A to the INVESTMENT MANAGEMENT AGREEMENT between U.S. Bank National Association (the “Manager”) and City of Maplewood (the “Client”) This Exhibit A to the Agreement sets forth the investment objectives, policies, directions and restrictions (the “Directions”), subject to which Directions and the other terms and conditions set forth in the Agreement, the manager shall manage the Client’s assets. Packet Page Number 99 of 347 Page 6 of 6 Investment Management Agreement EXHIBIT B to the INVESTMENT MANAGEMENT AGREEMENT between U.S. Bank National Association (the “Manager”) and City of Maplewood (the “Client”) This Exhibit B to the Agreement sets forth the times, manner, amounts and formulae governing the compensation to be paid by the Client to the Manager in payment for all services rendered by the Manager under the Agreement and for all costs incurred by the Manager in connection with the rendering of services under the Agreement. (a) The investment management fee shall consist of a quarterly fee for each Account, which fee shall be paid to the Manager within fifteen (15) days following the end of each calendar quarter in which services under this Agreement are rendered. The fee shall be at the rate or rates set forth below and shall be based on the fair market value of the net assets of the Account. The following table sets forth the fee on an annual basis: Investment Management and Custody Fee: 15 (.0015) Basis Points annually (b) In the event that the Account is opened or closed during a calendar quarter, the investment management fee shall be prorated for that portion of the quarter during which the Account was open. (c) For purposes of calculating the investment management fee, unless otherwise agreed in writing, the net assets of each Account shall be valued by the Manager in accordance with generally accepted valuation methods and procedures established by the Manager. (d) Unless prohibited by the laws of Client’s state of residency, any fees not paid within fifteen (15) days following the end of each calendar quarter in which services under this Agreement are rendered shall be paid directly from the Account. Packet Page Number 100 of 347 1 02/2012 CUSTODY AGREEMENT This custody agreement (the “Agreement”) dated as of May 2012, is between U.S. BANK NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States of America, as Custodian (the “Custodian”) and City of Maplewood (the “Customer”) a Government Entity organized under the laws of the State or Commonwealth of Minnesota. The parties agree as follows: 1. Appointment and Acceptance. 1.1 Customer hereby appoints Custodian as its agent to provide custody and other services in connection with securities, cash and other property delivered from time to time to Custodian hereunder by, or at the direction of, Customer, and income, distributions and payments received by Custodian with respect thereto (collectively the “Assets”); and Custodian hereby agrees to act in such capacity, and perform such services, and hold the Assets in a custody account established in the name of Customer (the “Account”), upon the terms and conditions set forth below. 1.2 For purposes of this Agreement, all references contained herein to actions, directions and responsibilities (other than the obligations set forth in Sections 12 and 14) of Customer shall include, apply to and be binding upon the Customer’s agents, including any investment manager or advisor, appointed and authorized by Customer to direct Custodian or otherwise take actions on behalf of Customer in connection with Custodian’s services and responsibilities hereunder. Customer shall provide written notice to Custodian of the identity of all such appointed agents and the scope of their authority to act hereunder. 1.3 In the event that Customer requires Custodian to establish one or more sub-accounts within the Account under this Agreement ("Sub-Accounts"), Custodian shall open such accounts pending proper account opening procedures. Further, for such situations, the term “Account” as used in this Agreement shall refer to one or all of the Sub-Accounts established by Customer, as the context of this Agreement shall require. 1.3.1 In no event shall Customer open Sub-Accounts for entities having different tax identification numbers than Customer. 2. Asset Delivery, Transfer, Custody and Safekeeping. 2.1 Customer will from time to time deliver, or cause to be delivered, Assets to Custodian. Custodian shall receive and accept such Assets for the Account upon appropriate directions from the Customer. Custodian shall keep records of all transactions involving the Account and Assets belonging to the Account. 2.2 Upon receipt of Appropriate Instructions, (defined in Section 11.1) Custodian shall return Assets to Customer, or deliver to such location or third party as Appropriate Instructions may indicate, provided that in connection therewith it is the sole responsibility of Customer to provide any transfer documentation as may be required by the Depository (defined in Section 3.3 below) or third party recipient. Custodian shall have no power or authority to assign, hypothecate, pledge or otherwise dispose of any Assets, except as provided herein or pursuant to Appropriate Instructions. 2.3 Custodian shall furnish Customer, as part of the services for which Custodian charges its basic fee hereunder, with monthly Account statements reflecting all Asset transactions in the Account during the reporting period and ending Asset holdings. If Customer wishes Custodian to report on Assets that are not in control of the Custodian, Customer shall execute the Custodian’s CLIENT CONTROL ADDENDUM, which shall be provided to the Customer upon request. Attachment 2 Packet Page Number 101 of 347 02/2012 2 2.4 Custodian shall forward to Customer, or Customer’s designated agent identified in Section 17.4 (or as identified in a separate written designation by Customer that is received by Custodian) all information it receives with respect to any of the Assets concerning redemption rights that are exercisable at Customer’s option, tender or exchange offers, all proxy material it receives with respect to securities included among the Assets and all other special matters or shareholder rights. This Section 2.4 is subject to the following exceptions: 2.4.1 Exception: If Custodian receives a class action litigation proof of claim in respect to any of the Assets, Custodian shall file such claim on behalf of Customer. 2.4.2 Exception: Custodian will not forward so-called “mini-tenders” to Customer or its designated agent, as applicable. Mini-tenders are tender offers for a small amount of the outstanding securities of a “target” company, generally with an offer price at or below market value. For equity issues, unless a tender offer is made for 5% or greater of the outstanding securities, and is subject to Securities and Exchange Commission (“SEC”) review, the tender offer will not be forwarded by Custodian. 2.4.3 Exception: No tender offer will be forwarded by Custodian for a debt issue if: 2.4.3.1 It is not registered with the SEC; 2.4.3.2 It has a “first received, first buy” basis with no withdrawal privilege and includes a guarantee of delivery clause; and 2.4.3.3 The offer includes the statement that “the purchase price includes all accrued interest on the note and has been determined in the sole discretion of the buyer and may be more than or less than the fair market value of the notes” or similar language. 2.5 Absent specific investment directions to the contrary from Customer, Custodian is hereby authorized and directed by Customer to hold all cash and all checks and drafts (when collected funds are received) in a First American Funds money market fund, identified in Section 17.5, below. Customer acknowledges receipt of the current prospectus for the applicable, designated money market fund to be held in the Account. 2.6 Customer also understands and acknowledges the following information about the First American Funds: 2.6.1 The First American family of funds (the “First American Funds”) is offered through the funds’ distributor identified in the current prospectuses for the funds. 2.6.2 Custodian or an affiliate of Custodian serves as the funds’ investment advisor, custodian, distributor, administrator and other service provider as disclosed in the prospectuses for the funds. 2.6.3 Compensation paid to Custodian and its affiliates by the First American Funds as well as other fees and expenses of the funds are detailed in the prospectuses. 2.6.4 Mutual funds, including the First American Funds, are not guaranteed by, or deposits of, any bank including Custodian, nor are such funds insured by the FDIC or any other agency. Investments in mutual funds involve risks, including the possible loss of principal. 2.6.5 This authorization and direction shall continue in effect with respect to the designated fund should the fund be merged with or into another fund. Packet Page Number 102 of 347 02/2012 3 2.7 If any of the Assets received and held by Custodian hereunder shall be plan assets (“Plan Assets”) with respect to any employee benefit plan (a “Plan”) as those terms are defined in Section 3 of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Custodian shall not be deemed to be, and shall not exercise any discretionary powers or control over such Plan Assets so as to be, a fiduciary with respect to the Plan. Furthermore, Customer shall notify Custodian in writing whenever any Assets do constitute Plan Assets and thereafter, all subcontracts, agreements or other arrangements between Custodian and any subsidiary or affiliate thereof for services or products paid for from any assets of the said Plan and utilized in the performance of Custodian’s duties hereunder shall be subject to the advance approval of Customer. 3. Powers of Custodian. In the performance of its duties hereunder, Custodian shall have the following powers: 3.1 To register any of the Assets in the name of Customer or in the Custodian’s name or in the name of a nominee of Custodian or in the name of the Custodian’s agent bank or to hold any of the Assets in unregistered form or in such form as will pass title by delivery, provided that such Assets shall at all times be recorded in Customer’s Account hereunder as belonging to the Customer. In consideration of Custodian’s registration of any securities or other property in the name of Custodian or its nominee or agent, Customer agrees to pay on demand to Custodian or to Custodian’s nominee or agent the amount of any loss or liability for stockholders’ assessments, or otherwise, claimed or asserted against Custodian or Custodian’s nominee or agent by reason of such registration. 3.2 To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any or all other instruments that may be necessary or appropriate to carry out the duties described and powers granted herein. 3.3 To maintain qualifying Assets in any registered clearing agency or in a Federal Reserve Bank (collectively a “Depository”) as Custodian may select and to permit such deposited Assets to be registered in the name of Custodian, Custodian’s agent or nominee or Depository, on the records of a Depository and to employ and use securities depositories, clearing agencies, clearance systems, sub- custodians or agents located outside the United States in connection with transactions involving foreign securities. 3.4 To employ agents and to delegate duties to them as it sees fit and to employ or consult with experts, advisors and legal counsel (who may be employed also by Customer) and to rely on information and advice received from such agents, experts, advisors, and legal counsel. 3.5 To perform any and all other ministerial acts deemed by Custodian necessary or appropriate to the proper discharge of its duties hereunder. 3.6 To hold uninvested reasonable amounts of cash whenever it is deemed advisable to do so to facilitate disbursements or for other operational reasons, and to deposit the same, with or without interest, in the commercial or savings departments of the Custodian serving hereunder or of any other bank, trust company or other financial institution including those affiliated with the Custodian, notwithstanding Custodian’s or other entity’s receipt of “float” from such uninvested cash. 4. Purchases. 4.1 Upon the receipt of Appropriate Instructions from Customer, Custodian shall purchase securities for Customer on a contractual settlement basis. Customer hereby agrees that it shall not instruct Custodian to sell any Asset until such Asset has been fully paid for by Custodian. Nor shall Customer engage in a practice whereby Customer relies on the proceeds from the sale of an Asset to pay for the earlier purchase of the same Asset. Packet Page Number 103 of 347 02/2012 4 4.2 Notification by Agreement. Unless Customer and Custodian have entered into a separate written agreement that expressly makes Custodian either an investment manager or a discretionary trustee, the Account statements described above (including their timing and form) will serve as the sole written notification to Customer of any securities transaction effected by Custodian for the Account. Even so, Customer has the right to demand that the Custodian provide written notification of such transactions pursuant to 12 CFR Sections 12.4(a) or (b) at no additional cost to Customer. 5. Sales. 5.1 Upon receipt of Appropriate Instructions from Customer, Custodian will deliver Assets held by it as Custodian hereunder and sold by or for Customer against payment to Custodian of the amount specified in such Appropriate Instructions in accordance with the then current securities industry practices and in form satisfactory to Custodian. Customer acknowledges that the current securities industry practice is delivery of physical securities against later payment on delivery date. Custodian agrees to use its best efforts to obtain payment therefore during the same business day, but Customer confirms its sole assumption of all risks of payment for such deliveries. Custodian may accept checks, whether certified or not, in payment for securities delivered on Customer’s direction, and Customer assumes sole responsibility for the risks of collectability of such checks. 6. Settlements. 6.1 Custodian shall provide Customer with settlement of all purchases and sales of Assets in accordance with Custodian’s then prevailing settlement policies provided that: 6.1.1 Appropriate Instructions for purchases and sales are received by Custodian in accordance with Custodian’s then current published instruction deadline schedule; 6.1.2 Custodian has all other information necessary to complete the transaction. 6.1.3 To avoid a deficiency in the Account, Customer agrees that it shall not initiate any trade without sufficient Assets to settle such trade, nor shall it notify a separate financial institution that it intends to settle purchases out of the Account without sufficient Assets to do so. 6.2 Custodian shall not be liable or responsible for or on account of any act or omission of any broker or other agent designated by Customer to purchase or sell securities for the Account of Customer. Custodian shall not be responsible for loss occasioned by the acts, neglects, defaults or insolvency of any broker, bank, trust company or other person with whom Custodian may deal in the absence of bad faith on the part of Custodian. 7. Corporate Actions. 7.1 In connection with any mandatory conversion of Asset securities pursuant to their terms, reorganization, recapitalization, redemption in kind, consolidation or other exchange transaction that does not require or permit approval by the owner of the affected Assets, Custodian will tender or exchange securities held for other securities, for other securities and cash, or for cash alone. 8. Collections. 8.1 Custodian shall collect all income, principal and other distributions due and payable on Assets held either by Custodian or a Depository but shall be under no obligation or duty to take action to effect collection of any amount if the Assets upon which such payment is due are in default, or if payment is refused after due demand and presentation. Custodian shall have no responsibility to notify Customer in the event of such default or refusal to pay, but if Custodian receives notice of default or refusal to pay from an issuer or transfer agent, Custodian shall so advise Customer. Packet Page Number 104 of 347 02/2012 5 8.2 Collections of monies in foreign currency, to the extent possible, are to be converted into United States dollars at customary rates through customary banking channels, including Custodian’s own banking facilities, and in accordance with Custodian’s prevailing policies for foreign funds repatriation. All risk and expense incident to such foreign collection and conversion is the responsibility of the Account and Custodian shall have no responsibility for fluctuations in exchange rates affecting such collections or conversion. 9. No Discretionary Authority; Standard of Care. 9.1 Customer and Custodian acknowledge that, except to the extent set forth in any separate instrument signed by the parties with respect to this Agreement, Custodian is not a fiduciary with respect to any Asset and the duties of Custodian hereunder do not include discretionary authority, control or responsibility with respect to the management or disposition of any Asset; or authority or responsibility to render investment advice with respect to any Asset. In addition, it is agreed that: 9.1.1 Custodian shall have no duty to make any evaluation or to advise anyone of the suitability or propriety of action or proposed action of Customer in any particular transaction involving an Asset or the suitability or propriety of retaining any particular investment as an Asset. Custodian shall have no duty or authority to review, question, approve or make inquiries as to any investment instructions given pursuant hereto. Custodian shall be under no duty or obligation to review the securities or other property held in the Account with respect to prudence or diversification. 9.1.2 Custodian shall not be liable for any loss or diminution of Assets by reason of investment experience or for its actions taken in reliance upon a direction or other instruction from Customer or Customer’s agent. 9.1.3 Custodian shall have no duty or responsibility to monitor or otherwise investigate the actions or omissions of Customer. 9.1.4 Custodian shall have no responsibility for the accuracy of Asset valuations quoted by outside services or sources in cases involving assets under the control of Customer. 9.1.5 Custodian shall only be responsible for the performance of such duties as are expressly set forth herein or in Appropriate Instructions received by Custodian from Customer or Customer’s agent which are not contrary to the provisions of this Agreement. Custodian shall exercise reasonable care in the performance of its services hereunder. In no event shall Custodian be liable for indirect, special or consequential damages. 9.1.6 Custodian shall not be liable for a failure to take an action required under this Agreement in the event and to the extent that the taking of the action is prevented or delayed by war (whether declared or not and including existing wars), revolutions, insurrection, riot, civil commotion, acts of God, accident, fire explosion, stoppage of labor, strikes or other differences with employees, laws regulations, orders or other acts of any governmental authority or any other cause beyond its reasonable control; nor shall any such failure or delay give Customer the right to terminate this Agreement, except as provided in Section 15 of this Agreement. Packet Page Number 105 of 347 02/2012 6 10. Books, Records and Accounts. 10.1 Custodian will make and maintain proper books of account and complete records of all Assets and transactions in the Account maintained by Custodian hereunder on behalf of Customer. Custodian will preserve for the periods prescribed by applicable federal statute or regulation all records required to be maintained. 10.2 On at least four business days’ notice, Custodian will make available to and permit inspection during Custodian’s regular business hours by Customer and its auditors of all books, records and accounts retained by Custodian (or, to the extent practicable, its agents) in connection with its duties hereunder on behalf of Customer. 11. Instructions and Directions. 11.1 Custodian shall be deemed to have received appropriate instructions (“Appropriate Instructions”) upon receipt of written instructions: 11.1.1 Given by any person whose name is listed on the most recent certificate delivered by Customer to Custodian which lists those persons authorized to give orders, and instructions in the name of and on behalf of the Customer or 11.1.2 Given by any other person duly authorized by Customer to give instructions or directions to Custodian hereunder or who Custodian reasonably believes to be so authorized (such as an investment adviser or other agent designated by Customer, for example). 11.2 Appropriate Instructions shall include instructions sent to Custodian or its agent by letter, memorandum, telegram, cable, facsimile, internet e-mail or similar means of written communication. The parties to this Agreement assume full responsibility for the security of electronically transmitted communications they send. 11.3 Any communication addressed and mailed shall be deemed to be given when received; and any communication sent by electronic transmission shall be deemed to be given when receipt of such transmission is acknowledged; and any communication delivered in person shall be deemed to be given when actually received by an authorized officer of Custodian or Customer. 11.4 In the event that Custodian is directed to deliver Assets to any party other than Customer or Customer’s agent, Appropriate Instructions shall include and Customer shall supply, customary transfer documentation as required by such party, and to the extent that such documentation has not been supplied, Custodian shall not be deemed to have received Appropriate Instructions. 12. Compensation, Security. 12.1 Customer shall pay to Custodian fees for its services under this Agreement and shall reimburse Custodian for costs incurred by it hereunder as set forth in Custodian’s then current applicable fee schedule or such other fee arrangement as Custodian and Customer may otherwise agree in writing. 12.2 If any advance of funds is made by Custodian on behalf of Customer to purchase, or to make payment on or against delivery of securities or there shall arise for whatever reason an overdraft in Customer’s account, or if Customer is for any other reason indebted to Custodian, including, but not limited to, any advance of immediately available funds to Customer with respect to payments to be received by Custodian in next-day funds (which Customer acknowledges Customer is liable to repay if Custodian does not receive final payment), Customer agrees to repay Custodian on demand the amount of the advance, overdraft or other indebtedness and accrued interest at a rate per annum (based on a 360- day year for the actual number of days involved) equal to the Federal Funds effective rate in effect from time to time. Packet Page Number 106 of 347 02/2012 7 12.3 In the event of an advance of funds by Custodian, or if any overdraft is created by Account transactions, or if Customer is otherwise in default of any obligation to Custodian, Custodian may directly charge the Account and receive such payment therefrom. 12.4 In the event that a compensation payment due Custodian is past due by more than 30 days, such amount may also be charged to the Account and Custodian may receive such payment therefrom 12.5 To secure such payment obligations as are set forth under this Section 12, Customer does hereby grant to Custodian a security interest in all Assets up to the amount of any deficiency or other indebtedness to the Custodian. 12.6 None of the provisions of this Agreement shall require Custodian to expend or risk its own funds or otherwise to incur any liability, financial or otherwise, in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers hereunder, if Custodian shall have reasonable grounds for believing that repayment of such funds, or indemnity satisfactory to Custodian against such risk or liability is not assured. 13. Customer Responsibility. 13.1 Customer shall be responsible for the review of all reports, accountings and other statements provided thereto by the Custodian, and shall within 90 days following receipt thereof notify the Custodian of any mistakes, defects or irregularities contained or identified therein, after which time all such matters shall be presumed to be ratified, approved and correct and shall not provide any basis for claim or liability against the Custodian. 14. Indemnification. 14.1 Customer hereby agrees to fully and promptly indemnify Custodian and its affiliates, officers, directors, employees and agents (each a “Custodian Indemnified Party”) and hold each Custodian Indemnified Party harmless from and against any cost, losses, claims, liabilities, fines, penalties, damages and expenses (including reasonable attorneys’ and other professionals’ fees) (collectively, a “Claim”) arising out of: 14.1.1 Customer’s actions or omissions or 14.1.2 Custodian’s action taken or omitted hereunder in reliance upon Customer’s directions or instructions, or upon any information, order, indenture, stock certificate, power of attorney, assignment, affidavit or other instrument delivered hereunder to Custodian, reasonably believed by Custodian to be genuine or bearing the signature of a person or persons authorized by Customer to sign, countersign or execute the same; 14.1.3 However Customer shall not indemnify a Custodian Indemnified Party for any Claim arising from the Custodian Indemnified Party’s judicially determined willful misfeasance, bad faith or gross negligence in the performance of its duties under this Agreement. 14.2 Custodian hereby agrees to indemnify Customer and its controlling person, officers, directors, employee and agents (“Customer Indemnified Parties”) and hold each of them harmless from and against any and all Claims arising out of: 14.2.1 Custodian’s breach of this Agreement, willful misfeasance, bad faith or gross negligence in the performance of its duties under this Agreement, or Packet Page Number 107 of 347 02/2012 8 14.2.2 Any loss of Assets, including theft or destruction thereof but expressly excluding investment losses or other diminution of Assets resulting from the Custodian’s proper performance of its duties hereunder. 14.3 Custodian shall not indemnify a Customer Indemnified Party for any Claim arising from the Customer Indemnified Party’s breach of this Agreement, willful misfeasance, bad faith or gross negligence with respect to its duties and responsibilities under this Agreement. 14.4 This Section 14 shall survive the termination of this Agreement. 15. Termination. 15.1 This Agreement will remain in effect until terminated by either party giving written notice thirty days in advance of the termination date. 15.2 Upon termination of this Agreement, Custodian shall follow such reasonable Customer instructions concerning the transfer of Assets’ custody and records, provided: 15.2.1 Custodian shall have no liability for shipping and insurance costs associated therewith; 15.2.2 Custodian shall not be required to make any such delivery or payment until (a) full payment shall have been made by Customer of all liabilities constituting a charge on or against Custodian and (b) full payment shall have been made to Custodian of all its compensation, costs, including special termination costs, if any, and expenses hereunder; and 15.2.3 Custodian shall have been reimbursed for any advances of monies or securities made hereunder to Customer. If any Assets remain in the Account, Customer acknowledges and agrees that Custodian may designate Customer as successor Custodian hereunder and deliver the same directly to Customer. 15.3 Upon termination of this Agreement, all obligations of the parties to each other hereunder shall cease, except that all indemnification provisions herein shall survive with respect to any Claims arising from events prior to such termination. 16. Binding Obligations. 16.1 Customer and Custodian each hereby represent that this Agreement constitutes its legal, valid and binding obligation enforceable in accordance with the terms hereof; subject, as to enforcement of remedies, to applicable bankruptcy and insolvency laws, and to general principles of equity. 17. General Provisions. 17.1. Tax Responsibility. Unless indicated below in this section or required by law, Custodian shall not undertake any federal, state, or local tax reporting in connection with Assets, the Account or transactions therein, notwithstanding any other terms or conditions contained herein In addition to those required by law, the Custodian shall perform the following additional services: ____________________________ (if no additional services are to be performed, leave blank or mark NA) Packet Page Number 108 of 347 02/2012 9 17.2. Tax Lot Methods. For the purpose of complying with Internal Revenue Service regulations requiring cost basis reporting, please select the tax lot selection method you wish for your account. We recommend that you consult with your tax advisor if you are unsure of the option that is best for you. Minimize Gain - Shares are sold from tax lots having the highest per unit federal tax cost with a holding period of more than one year. First In First Out (FIFO) – Shares are sold from tax lots having the earliest federal tax acquisition date. Last In First Out (LIFO) – Shares are sold from tax lots having the most recent federal tax acquisition date. Highest Federal Cost First Out (HIFO) – Shares are sold from tax lots having the highest federal tax cost per share. Lowest Federal Cost First Out (LOFO) – Shares are sold from tax lots having the lowest federal tax cost per share. Specify Tax Lot – Shares are sold from tax lots that you specify. Average Federal Tax Cost - Shares are sold across all tax lots using the average cost. If your account(s) holds investments for which this method is not permitted, the First-In First-Out default method will be used, unless you direct otherwise. Maximize Gain - Shares are sold from tax lots having the lowest per unit federal tax cost. If you do not specify a particular tax lot or method, the First-In First-Out method will be used. If you wish to use a tax lot selection method that is different from what you selected above, on an individual investment or transaction basis, you may make that selection when you execute your trade. 17.3 Shareholder Communications Act Authorization. The Shareholder Communications Act of 1985, as amended, requires Custodian to make an effort to permit direct communications between a company that issues securities and the shareholder that exercises shareholder rights with respect to those securities. Unless Customer specifically directs Custodian in writing not to release Customer’s name, address and security position to requesting companies, Custodian is required by law to disclose Customer’s name and address to such companies. Therefore the Customer hereby responds to the following question [no response will mean “yes”]. Does Customer authorize Custodian to provide its name, address and security position to requesting companies whose stock is owned in this Account? _____ Yes / ____ No 17.4 Customer’s Agent – Shareholder Rights. Should Customer require that a designated agent for the Account, such as an investment advisor, be responsible for proxy voting and other special matters and shareholder rights as specified in Section 2.4, above, the Customer shall provide the name and address of that agent below. Such agent shall be removed upon Custodian’s receipt of a written removal from Customer. Customer may designate more than one agent to be responsible for separate sub-Accounts or investment accounts under this Agreement by providing a clear, written designation to that effect to Custodian. Custodian hereunder has no authority or responsibility with regard to proxy voting or any similar special matters. Therefore, it may not be designated below unless it has separately agreed in writing to act as investment advisor for the Account. Designated Agent: ______________________________________________________ Address: _______________________________________________________ Telephone Number: _______________________________________________________ 17.5 Money Market Fund. Pursuant to Section 2.5, above, the First American Funds money market fund designated for this Account shall be: (check one – if none are checked the Customer hereby directs that the First American Prime Obligations Fund Class Y shall be designated) Packet Page Number 109 of 347 02/2012 10 Taxable Money Market Funds ___ First American Prime Obligations Fund – Class ______ ___ First American Government Obligations Fund – Class ______ ___ First American Treasury Obligations Fund – Class ______ Federal Tax-Exempt Money Market Fund ___ First American Tax-Free Obligations Fund – Class ______ Other _____________________________________ Fund – Class______ (Must indicate correct fund name and class for election to be valid.) 17.6 Notice. Except as provided in Section 11 above, any notice or other communication under this Agreement shall be in writing and shall be considered given when delivered by certified mail, return receipt requested, to the parties at the addresses set forth on the execution page hereof (or at such other address as a party may specify by notice to other). Notice shall be effective upon receipt if by mail, or on the date of personal delivery (by private messenger, courier service or otherwise) or facsimile, whichever occurs first, to the addressed indicated below. The below addresses and individuals may be changed at any time by an instrument in writing executed by the party giving same and given to the other party, in accordance with the procedure set forth above. 17.7 Complete Agreement; Modification. This Agreement contains a complete statement of all the arrangements between the parties with respect to its subject matter, supersedes all existing agreements between them concerning the subject, and cannot be amended or modified in any manner except by a written agreement executed by both parties. Notwithstanding the foregoing, if at any time Custodian is holding assets or property of Customer pursuant to any other custodial, pledge or other agency agreement with Customer (or which Customer has acknowledged in instructions to Custodian) and one or more third parties that involves Custodian’s duties or obligations to a third party (which may be affiliates to Custodian) with respect to Assets, the terms and requirements of the other agreements concerning such Assets shall supersede and control the provisions and duties set forth herein. 17.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be performed in Minnesota. 17.9 Assignment. No party may assign any of its rights hereunder without the consent of the other, which consent shall not be unreasonably withheld. The foregoing consent requirement does not apply if either party shall merge or consolidate with or sell substantially all of its assets to another corporation, provided that such other corporation shall assume without qualification or limitation all obligations of that party hereunder either by operation of law or by contract. 17.10 Separability. If any provision of this Agreement is invalid or unenforceable, the balance of the Agreement shall remain in effect, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. 17.11 No Third Party Rights. In performing its services hereunder, Custodian is acting solely on behalf of Customer. No agency, contractual or service relationship shall be deemed to be established hereby between Custodian and any other persons. 17.12 Counterparts and Duplicates. This Agreement may be executed in any number of counterparts, each of which shall be considered an original, but all of which together shall constitute the same instrument. This Agreement and any administrative form under the Agreement may be proved either by a signed original or by a reproduced copy thereof (including, not by way of limitation, a microfiche copy or an electronic file copy). Packet Page Number 110 of 347 02/2012 11 17.13 Legal Actions Affecting Account. If Custodian is served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant or similar order relating to the Account, (a “Legal Action”) Custodian will comply with that Legal Action and shall be held harmless therefrom. Customer will reimburse Custodian for any fees or expenses Custodian incurs in responding to any Legal Action affecting the Account (including but not limited to attorneys’ fees and other professionals’ fees). 17.14 Abandoned Property. Any Assets remaining unclaimed or abandoned by Customer shall be delivered to the proper public official pursuant to applicable state’s abandoned property, escheat or similar law and Custodian shall be held harmless therefrom. This Section 17.14 shall survive the termination of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representative effective as of the date first written above. CITY OF MAPLEWOOD (Customer) U.S. BANK NATIONAL ASSOCIATION, as Custodian By:____________________________________ By:___________________________________ Title:___________________________________ Title:__________________________________ Date:___________________________________ Date:__________________________________ Address: Address: 1830 County Road B East 800 Nicollet Mall, BC-MN-H11T Maplewood, MN 55109 Minneapolis, MN 55402 Packet Page Number 111 of 347 MN Public Entity Client Examples Custody and Discretionary Investment Management Services Jason Folken, Vice President, U.S. Bank Institutional Trust & Custody * Direct: 612/303-0847 Mobile: 612/804-3956 * jason.folken@usbank.com  City of Minneapolis*  City of St. Paul*  City of Bloomington  City of Plymouth  City of Maple Grove*  City of Brooklyn Park  City of Robbinsdale  City of Blaine  City of Eagan  City of Eden Prairie  City of Edina*  City of Fridley  City of Rogers*  City of St. Cloud  City of Shakopee  City of White Bear Lake  City of Woodbury  Anoka County*  Ramsey County  St. Paul Port Authority Attachment 3 Packet Page Number 112 of 347 P:\COUNCIL FILES\AGENDAS\2012\061-purchasing policies CONSENT.docx Agenda Item G11 AGENDA REPORT TO: James Antonen, City Manager FROM: Gayle Bauman, Finance Manager SUBJECT: Approval of Purchasing Policies and Procedures DATE: June 4, 2012 for June 11, 2012 council meeting INTRODUCTION Revisions to the City’s Purchasing Policies and Procedures are needed to incorporate changes in State law and changes the City has made over the past few years. DISCUSSION All purchasing by local government units is regulated by State law. The City of Maplewood works within the State guidelines when setting its criteria for type and number of bids needed and authorized approval limits. Maplewood is committed to obtaining the best possible prices on purchases while not making the process too cumbersome or costly. Primary concerns are maintaining the necessary budget controls, limiting the amount of staff time needed and not unnecessarily delaying routine items. The policies and procedures were reformatted to make them more user friendly and inconsistencies within the document were addressed. The major changes made during the update had to do with the following: • Expanded use of Cooperative Purchasing – the City currently allows cooperative purchasing through the State of Minnesota’s Cooperative Purchasing Venture (CPV) Program as authorized by State law. State law also allows municipalities to utilize a national municipal association’s purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. The attached policies authorize these other sources to assist with saving time and money when purchasing common products. • Changes to Purchasing Limits – While keeping within State guidelines, the City is proposing changes to the number and type of approvals needed to make a purchase along with when City Council approval is needed and when the formal bid process is to be used. The following table outlines the limits and approvals included in the policy: Packet Page Number 113 of 347 P:\COUNCIL FILES\AGENDAS\2012\061-purchasing policies CONSENT.docx VALUE REQUIRED CITY MANAGER OR HIS/HER DESIGNEE APPROVAL REQUIRED COUNCIL APPROVAL REQUIRED FORM TO PREPARE Reimb. to Employees No Quotations Necessary No No Employee Expense Report $50 or less No Quotations Necessary No No Petty Cash Form or Payment Authorization $50 to $4,999 One or More Verbal Quotations No No Payment Authorization $5,000 to $9,999 Two or More Verbal Quotations No No Requisition or Payment Authorization $10,000 to $19,999 Two or More Written Quotations YES No Requisition or Payment Authorization $20,000 to $49,999 Two or More Written Quotations YES YES Agenda Report and Requisition or Payment Authorization $50,000 to $99,999 Either Two or More Written Quotations or Advertise for Bids* YES YES Agenda Report and Requisition or Payment Authorization $100,000 or more Advertise for Bids YES YES Agenda Report and Requisition or Payment Authorization *Requirement to be determined by City Manager or his/her designee. Council approval limit increasing from $10,000 to $20,000 – on purchases between $10,000 and $19,999, council approval will no longer be required but approval from the City Manager or his/her designee must be obtained prior to making the purchase. Advertising for bids limit increasing from $50,000 to $100,000 – on purchases between $50,000 and $99,999 the City Manager or his/her designee will make the determination if the purchase needs to be made on a formal bid basis or if the purchase can be made by obtaining a minimum of two written quotations. Purchases of $100,000 or more will require the formal bid basis. Cities are not required to advertise for bids for professional services according to Attorney General Opinions. Professional services include engineers, lawyers, architects, accountants, appraisers and others. A request for proposals (RFP) process is used in most cases when professional services are required. Packet Page Number 114 of 347 P:\COUNCIL FILES\AGENDAS\2012\061-purchasing policies CONSENT.docx Staff time is one of the City’s most valuable assets and the updates being made to the policy will maintain the City’s high budgetary standards while making the purchasing process as efficient as possible. FINANCIAL IMPACT None. RECOMMENDATION Staff recommends approval of the attached Purchasing Policies and Procedures. Attachment(s): 1. Purchasing Procedures Manual Packet Page Number 115 of 347 CITY OF MAPLEWOOD PURCHASING PROCEDURES MANUAL City Council Adopted 06-XX-2012 Packet Page Number 116 of 347 T A B L E O F C O N T E N T S PART I – PURCHASING GUIDELINES Introduction ..................................................................................................................... 1 Procedures for Purchases Under $20,000 ...................................................................... 2 Procedures for Purchases From $20,000 to $49,999 ...................................................... 3 Procedures for Purchases From $50,000 to $99,999 ...................................................... 4 Procedures for Purchases $100,000 and Over ............................................................... 5 Purchases from Employee-Owned Companies ............................................................... 6 Cooperative Purchasing .................................................................................................. 7 Advertising for Bids ......................................................................................................... 8 Prompt Payment of City Bills ........................................................................................... 9 State Sales and Use Tax ............................................................................................... 10 Purchase Discounts ...................................................................................................... 10 Final Payments on City Construction Contracts ............................................................ 11 Purchasing - Quick Reference Guide ............................................................................ 12 PART II – PURCHASING FORMS Requisition Form ........................................................................................................... 13 Report of Goods/Services Received Form .................................................................... 16 Payment Authorization Form ......................................................................................... 18 Authorization to Pay Fixed Regular Bills Form .............................................................. 21 Petty Cash Reimbursement Form ................................................................................. 23 Employee Expense Report Form .................................................................................. 25 Educational Assistance Reimbursement Form .............................................................. 29 Budget Transfer Request Form ..................................................................................... 32 PART III – GENERAL INFORMATION Guidelines on Account Coding ...................................................................................... 34 Expenditure Object Codes ............................................................................................ 36 Procedure to Check Budget .......................................................................................... 42 Purchasing Cards .......................................................................................................... 47 Packet Page Number 117 of 347 PAGE 1 INTRODUCTION The purchasing procedures are important because they: 1. Ensure purchases conform to legal requirements; 2. Prevent expenditures from exceeding the budget; 3. Provide proper documentation for purchases; 4. Prevent payment for items not received; 5. Ensure accurate accounting; 6. Provide payment of all bills within 35 days of receipt; and 7. Prevent duplicate payments on the same invoice. All purchasing by local government units is regulated by State law. Because of these laws and because of the unique nature of budget and tax levy procedures for funding City government, all City employees must conform to these purchasing policies and procedures. The Finance Department will review and approve all purchases and employee reimbursements and will ensure that all purchases and payments are legal, properly coded, and well documented. If the purchase is over $20,000 Council approval is required prior to the purchase. However, Council approval is not required on purchases over $20,000 for postage, ATM funds, regular utility bills, insurance premiums, payments due to other units of government or payments required to be made before the next regular meeting of the Council to avoid endangering public safety, damaging public or private property, or interrupting City services. Items under $20,000 (materials, supplies, and equipment for day-to-day use) must be purchased at the best price available subject to appropriate guidelines and procedures. A minimum of two verbal quotations must be obtained whenever possible on purchases of $5,000 to $9,999 and a minimum of two written quotations must be obtained whenever possible on purchases of $10,000 to $19,999. Approval must be obtained from the City Manager or his/her designee on all purchases between $10,000 and $19,999. All purchases totaling $20,000 to $49,999 require two written quotations from prospective vendors. The City Manager or his/her designee must approve the purchase prior to obtaining City Council approval. These written quotations must be attached to a requisition (or payment authorization form) which is submitted to the Finance. For purchases between $50,000 and $99,999, the City Manager or his/her designee will determine if the purchase will need to be made on a formal bid basis and meet all procedural requirements or if it will require two or more written quotations from prospective vendors. All purchases of merchandise, materials, equipment, and repair or maintenance services totaling $100,000 or more (except emergency purchases and purchases made using cooperative purchasing) must be purchased on a formal bid basis and meet all procedural requirements. The Council must approve all bid awards. All purchases must be handled through use of appropriate procedures and forms. Packet Page Number 118 of 347 PAGE 2 PROCEDURES FOR PURCHASES UNDER $20,000 Generally, these purchases will be of materials, supplies, and equipment for day-to-day use. Purchases of food including meals, snacks and beverages for city employees is not allowed for department meetings or in-house training sessions unless there is a speaker or trainer who is not a city employee. Excluded from this limitation are purchases of food for (a) City Council meetings held at meal time, (b) employee recognition events such as the employee Christmas breakfast and city employee picnic/social event/holiday event, (c) training of election judges, (d) Fire Department meetings and in-house training sessions or (e) as approved in advance by the City Manager. The City of Maplewood may contribute up to $100 toward a retirement or farewell recognition event when an employee retires or resigns after a minimum of 10 years with the City. The money may be used for a cake, beverages, decoration and a plaque of appreciation for the promotion of the City. The money may not be used for a gift. Gifts must be paid for by contributions by other employees. Individual departments are responsible for organizing and communicating farewell or retirement parties. The expense will be charged to the Administrative Division of the department in which the person was employed. < $5,000 Only one verbal quotation is required; however, the purchase is to be at the best possible price. These purchases should be processed on a VISA purchasing card whenever possible. If the vendor will not accept a purchasing card, then it should be processed on a Payment Authorization form unless a purchase order is required, in which case a requisition is prepared. The form must be signed by an authorized purchaser with the appropriate purchase limits. $5,000 to $9,999 Verbal quotations should be obtained from at least two possible vendors and those quotations should be listed on the Payment Authorization or requisition which is submitted for approval. The form must be signed by an authorized purchaser with the appropriate purchase limits. $10,000 to $19,999 Prior to the purchase, approval must be obtained from the City Manager or his/her designee. A minimum of two written quotations should be obtained whenever possible and attached to the appropriate forms which are submitted for approval. The form must be signed by the City Manager or his/her designee. Packet Page Number 119 of 347 PAGE 3 PROCEDURES FOR PURCHASES FROM $20,000 TO $49,999 1. Prior to the purchase, approval must be obtained from the City Manager or his/her designee. 2. Obtain quotations by supplying prospective vendors with a description or specifications of the merchandise, materials, equipment, or services to be purchased. A minimum of two (2) written quotations, whenever possible, shall be supplied for such purchases. If two quotations cannot be obtained, an explanation must be included as to the reason for only one bid. 3. If the purchase is over $20,000 Council approval is required before the purchase can be made. To obtain Council approval, an agenda report must be prepared and submitted to the City Council. For details on this procedure, see your department head or supervisor. 4. Prepare the requisition form according to the requisition form procedures if the transaction is not eligible for processing on a payment authorization form. The quotations are to be attached to the requisition or payment authorization form and be maintained as part of the City's records. Packet Page Number 120 of 347 PAGE 4 PROCEDURES FOR PURCHASES FROM $50,000 TO $99,999 The City Manager or his/her designee will make the determination if the purchase needs to be made on a formal bid basis or if the purchase can be made by obtaining a minimum of two written quotations. If two or more written quotations are required: 1. Obtain quotations by supplying prospective vendors with a description or specifications of the merchandise, materials, equipment, or services to be purchased. A minimum of two (2) written quotations, whenever possible, shall be supplied for such purchases. If two quotations cannot be obtained, an explanation must be included as to the reason for only one bid. 2. If the purchase is over $20,000 Council approval is required before the purchase can be made. To obtain Council approval, an agenda report must be prepared and submitted to the City Council. For details on this procedure, see your department head or supervisor. 3. Prepare the requisition form according to the requisition form procedures if the transaction is not eligible for processing on a payment authorization form. The quotations are to be attached to the requisition or payment authorization form and be maintained as part of the City's records. If a formal bid basis is required: 1. It is the responsibility of the requesting department to prepare specifications. After specifications have been prepared, they shall be submitted to the City Manager for approval. No advertisement for bids shall be published until specifications are approved by the City Manager. 2. Advertisement in the official local newspaper (and other publications if appropriate) at least ten (10) days in advance of bid opening is required. The City may use its web site or a recognized industry trade journal as an alternative method to disseminate solicitations of bids, requests for information, and requests for proposals if certain steps are followed to designate the method (MN Stat. 331A.03, subd. 3). 3. Time must be allowed between the date of bid opening and bid award to permit examination and tabulation of bids and submission of recommendation to the City Manager and Council. 4. Council award of bid. The Council may wish to table an award on a difficult matter, thereby delaying the purchase. Therefore, careful consideration must be given to the complexity of an item and thorough information must be provided. 5. Once the Council has awarded the bid, a requisition form must be prepared by the department head with a notation indicating the date that the City Council approved the bid award. Also, a copy of the agenda report must be attached to the requisition. For construction contracts, a payment authorization form should be completed, instead of a requisition, each time an application for payment is ready to be processed. If the item will be purchased using cooperative purchasing, Council approval is required before the purchase can be made. To obtain Council approval, an agenda report must be prepared and submitted to the City Council. For details on this procedure, see your department head or supervisor. Packet Page Number 121 of 347 PAGE 5 PROCEDURES FOR PURCHASES $100,000 AND OVER All merchandise, materials, or equipment purchases totaling $100,000 or more (except emergency purchases and items purchased using cooperative purchasing) must be purchased on a formal bid basis. The following procedural requirements must be met before an item may be purchased: 1. It is the responsibility of the requesting department to prepare specifications. After specifications have been prepared, they shall be submitted to the City Manager for approval. No advertisement for bids shall be published until specifications are approved by the City Manager. 2. Advertisement in the official local newspaper (and other publications if appropriate) at least ten (10) days in advance of bid opening is required for purchases less than $200,000. The City may use its web site or a recognized industry trade journal as an alternative method to disseminate solicitations of bids, requests for information, and requests for proposals if certain steps are followed to designate the method (MN Stat. 331A.03, subd. 3). 3. If the purchase is $200,000 or more, the first advertisement must appear no less than twenty-one (21) days before bid opening and the second notice shall be published between that time and the deadline for bids. In the case of public improvement projects, publication must be made twice in the official newspaper and twice in the “Construction Bulletin” no less than three (3) weeks before the deadline for submission of bids for the first notice and the second notice shall be published between that time and the deadline for bids. 4. Time must be allowed between the date of bid opening and bid award to permit examination and tabulation of bids and submission of recommendation to the City Manager and Council. 5. Council award of bid. The Council may wish to table an award on a difficult matter, thereby delaying the purchase. Therefore, careful consideration must be given to the complexity of an item and thorough information must be provided. 6. Once the Council has awarded the bid, a requisition form must be prepared by the department head with a notation indicating the date that the City Council approved the bid award. Also, a copy of the agenda report must be attached to the requisition. For construction contracts, a payment authorization form should be completed, instead of a requisition, each time an application for payment is ready to be processed. If the item will be purchased using cooperative purchasing, Council approval is required before the purchase can be made. To obtain Council approval, an agenda report must be prepared and submitted to the city Council. For details on this procedure, see your department head or supervisor. Packet Page Number 122 of 347 PAGE 6 PURCHASES FROM EMPLOYEE-OWNED COMPANIES Before making a purchase in excess of $200 from, or entering into a contract with, a business entity owned wholly, or in part, by an employee of the City of Maplewood, City employees must obtain at least two (2) price quotes which are to be kept on file in the Finance Department for one (1) year after receipt. On purchases under $10,000, price quotes can be copies of the latest price listings, excerpts from current catalogs or written quotes provided by vendor. On purchases totaling $10,000 to $49,999, there must be two written quotations from prospective vendors. Before the purchase is made, it must be reviewed by the supervisor of the employee making the purchase to confirm that the decision to make a purchase from, or enter into a contract with, the business entity owned wholly, or in part, by the City employee is based on rational economic factors including, but not limited to, price and availability of goods and services. Two price quotes are not needed when services are purchased from an independent contractor who is a recreation referee, official or instructor. A business entity owned wholly, or in part, by a City employee shall be defined as: an entity organized for profit, including an individual, sole proprietorship, partnership, corporation, joint venture, association, or cooperative in which the City employee or a member of the City employee’s immediate family has a financial interest excluding interests consisting solely of publicly issued stock holdings constituting equal to or lesser than 5% of the entity’s total public stock issue. A member the City employee’s immediate family is defined as: the City employee’s spouse, the City employee’s child, the City employee’s parent, or the City employee’s sibling. Packet Page Number 123 of 347 PAGE 7 COOPERATIVE PURCHASING Per MN Statute 471.345, subd. 15, municipalities may contract for the purchase of supplies, materials, or equipment by utilizing contracts that are available through the state’s cooperative purchasing venture authorized by section 16C.11. If a municipality does not utilize the state’s cooperative purchasing venture, a municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements if the purchase is through a national municipal association’s purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. Cooperative purchasing is intended to save government agencies time and money when purchasing common products. Of course, there are no guaranteed savings, but cooperative buying power is a time-tested method of savings. Cooperative purchasing is currently allowed through the following sources: State of Minnesota’s Cooperative Purchasing Venture (CPV) Program U.S. Communities Government Purchasing Alliance National Intergovernmental Purchasing Alliance Company (National IPA) Houston-Galveston Area Council (HGACBuy) BuyBoard National Purchasing Cooperative National Joint Powers Alliance (NJPA) Packet Page Number 124 of 347 PAGE 8 ADVERTISING FOR BIDS GUIDELINES: All purchases $100,000 and over (except emergency purchases and items purchased using cooperative purchasing) require solicitation and receipt of sealed competitive bids. Also, on purchases between $50,000 and $99,999, the City Manager or his/her designee will make the determination on whether the purchase requires solicitation and receipt of sealed competitive bids or two or more written quotations. PROCEDURES: 1. Advertisement for public bids shall be placed in the City's official newspaper (or alternate method if designated by the City) at least ten (10) working days prior to the date of bid opening. 2. If the purchase is $200,000 or more, the first advertisement must appear no less than twenty-one (21) days before bid opening and the second notice shall be published between that time and the deadline for bids. In the case of public improvement projects, publication must be made twice in the official newspaper and twice in the “Construction Bulletin” no less than three (3) weeks before the deadline for submission of bids for the first notice and the second notice shall be published between that time and the deadline for bids. 3. The department requesting the bids will prepare the bid specification and the following must be adhered to: • bids must be typed or written in ink; • bids must be signed in ink; • all erasures or changes must be initialed; • bids must be received no later than stated in the advertisement of bids; and, • for public improvement projects, bids must be signed by the City Clerk. 4. The advertisement for bids will include: • date and time by which bids must be submitted; • location for delivery of bids; and • date, time, and place of bid opening. 5. Bid Security. If the purchase is $100,000 or more the bid must be accompanied by cash, certified check, cashiers check, or bid bond payable to the City of Maplewood in an amount equal to five percent (5%) of the total bid, conditioned that if the bidder is the successful bidder, he/she will enter into a contract in accordance with said bid and will furnish such performance bonds as specified. The security of the successful bidder will be held until delivery of the goods or services has been completed. 6. Bids are received by the City Clerk's office. 7. Council will award the bid and the award will be based on, but not limited to, the factors of price, delivery date, City's experience with the products/services proposed, City's evaluation of the bidders ability to service City in terms of the requirements as called for in the specifications, quality of merchandise offered, and analysis and comparison of specifications. Packet Page Number 125 of 347 PAGE 9 PROMPT PAYMENT OF CITY BILLS State law required municipalities to pay obligations with a standard payment period except where good faith disputes exist. A city whose council has at least one regularly scheduled meeting per month must pay bills within 35 days of receipt. A city or joint powers organization which does not have at least one regularly scheduled meeting per month must pay bills within 45 days of receipt. The date of receipt is defined as the completed delivery of the goods or services or the satisfactory installation or assembly, or the receipt of the invoice for the delivery of goods, whichever is later. Cities have the responsibility to notify vendors of invoice errors within 10 days of receipt. The statute also requires cities to calculate and pay interest of 1½ percent per month on bills not paid within the standard payment period. State law specifies $10 as the minimum monthly interest penalty payment for the unpaid balance of any one overdue bill or $100 or more. For unpaid balances less than $100, the city shall calculate and pay the actual interest penalty due the vendor. In cases of delayed payments due to good faith disputes with vendors, no interest penalties accrue. Where such delayed payments are not in good faith, the vendor may recover costs and attorneys' fees. Statute applies to all purchases of goods, leases and rents, and contracts for services, construction, repair and remodeling entered into on or after January 1, 1986. Purchases or contracts for service with a public utility or telephone company are not subject to the requirements of this statute. (Statute No. 471.425) All City employees that receive bills should promptly send them to the Finance Department with the appropriate forms so that they can be paid within 35 days of receipt. Checks for the payment of bills are mailed every Tuesday. This payment processing is referred to as “regular accounts payable processing.” All documentation for checks must be submitted to the Accounts Payable Technician in the Finance Department by 4:30 p.m. on Wednesdays. If payment of the bill by regular accounts payable processing would result in a late payment charge, a special check will be issued when requested by the department making the purchase, provided the late payment charge is over $2.00. Packet Page Number 126 of 347 PAGE 10 STATE SALES AND USE TAX Purchases made by cities became subject to the state sales and use tax effective June 1, 1992. The use tax is similar to the sales tax and is the same rate. The use tax must be paid when the City makes taxable purchases without paying sales tax. An example of this would be a purchase of commodities from a vendor outside of Minnesota who does not charge the City sales tax. In this case, the City has to pay a 6.875% use tax to the State of Minnesota and complete a tax return. In order to meet this legal requirement, the department making the purchase should calculate the use tax. Then in the coding section of the appropriate form for the purchase, the use tax amount should be added to the same account that the purchase is coded to. In addition, the use tax amount should also be listed in the coding section as a negative amount and coded to account 101-2031. For example, if $100 of office supplies were purchased from an out-of-state vendor for Dept/Prog 202 and no sales tax were charged, the account coding would be as follows: $106.88 101-202-000-4110 (6.88) 101---------2031 As a result, the vendor would be paid $100 and $6.88 would be paid to the State of Minnesota automatically by the City. PURCHASE DISCOUNTS Some vendors offer a discount of 1% to 2% for payment of their invoices within the discount period. If this discount is over $2.00, a special check should be requested. However, occasionally the department that purchased the goods sends the invoice and/or receipt of goods to the Finance Department after the discount period has expired. In these cases, the purchase discount lost will be added to the total purchase price and coded to the appropriate expenditure account (e.g., supplies, services, etc.). Packet Page Number 127 of 347 PAGE 11 FINAL PAYMENTS ON CITY CONSTRUCTION CONTRACTS The State of Minnesota requires the filing of Form IC-134 prior to the final payment of any contract involving employees under code section 270C.66 CONTRACTS WITH STATE: WITHHOLDING. "No department of the state of Minnesota, nor any political or governmental subdivision of the state, shall make final settlement with any contractor under a contract requiring the employment of employees for wages by said contractor and by subcontractors until satisfactory showing is made that said contractor or subcontractor has complied with the provisions of section 290.02. A certificate by the commission of revenue shall satisfy this requirement with respect to the contractor or subcontractor." Before final payment can be made on any contract which involves the payment of wages by a contractor of the city to any employee, or subcontractors with employees that performed work on a job for the city, the contractor must furnish to the city a copy of Form IC-134 that has been certified by the Minnesota Department of Revenue. These forms should be kept on file in your department with all other contract documents for possible review by the auditors. Contractors and subcontractors should obtain the IC-134 forms from the State of Minnesota. Subcontractors or sole contractors must provide their certified IC-134 form to the prime contractor when their portion of work is completed. The prime contractor then submits all certified IC-134 forms to the City when requesting their final payment. Packet Page Number 128 of 347 PAGE 12 PURCHASING – QUICK REFERENCE GUIDE This section is designed as a quick reference for the purchasing procedures. The following outlines the step by step procedures for purchases. • Determine the need for commodities and services. • Research the cost of purchase. • Determine the appropriate account coding for the purchase. • Check the budget to determine that there is sufficient money available for the purchase. • If there is not sufficient money available for the purchase, prepare either a budget transfer request form and turn it in to the Finance Department for approval, or an Agenda Report if necessary. • Determine into which category the purchase falls. • If the purchase is $5,000 or less, it should be made using a VISA purchasing card whenever possible. VALUE REQUIRED CITY MANAGER OR HIS/HER DESIGNEE APPROVAL REQUIRED COUNCIL APPROVAL REQUIRED FORM TO PREPARE Reimb. to Employees No Quotations Necessary No No Employee Expense Report $50 or less No Quotations Necessary No No Petty Cash Form or Payment Authorization $50 to $4,999 One or More Verbal Quotations No No Payment Authorization $5,000 to $9,999 Two or More Verbal Quotations No No Requisition or Payment Authorization $10,000 to $19,999 Two or More Written Quotations YES No Requisition or Payment Authorization $20,000 to $49,999 Two or More Written Quotations YES YES Agenda Report and Requisition or Payment Authorization $50,000 to $99,999 Either Two or More Written Quotations or Advertise for Bids* YES YES Agenda Report and Requisition or Payment Authorization $100,000 or more Advertise for Bids YES YES Agenda Report and Requisition or Payment Authorization *Requirement to be determined by City Manager or his/her designee. Packet Page Number 129 of 347 PAGE 13 REQUISITION FORM This form can be found on the Finance page of the City’s intranet or as an Excel file on the network at S:\FINANCE\Forms\AP-Requisition. GUIDELINES: 1. Used for purchases when merchandise or service to be ordered costs $5,000 or more. (Can be used for purchases under $5,000 when a purchase order is required.) 2. Not used when a Payment Authorization Form will be completed. 3. Not used when prepayment for goods or services is required. 4. If the purchase is between $5,000 and $9,999, two or more quotations must be listed. 5. If the purchase is between $10,000 and $19,999, two or more written quotations must be attached and approval needs to be obtained from the City Manager or his/her designee. 6. If the purchase is between $20,000 and $49,999, the date that the City Council approved the purchase should be noted on the requisition and two or more written quotations must be attached to the requisition. 7. If the purchase is between $50,000 and $99,999, either two or more written quotations must be attached and the date that the City Council approved the purchase should be noted on the requisition or the date that the City Council approved the bid award should be noted on the requisition. The method by which the purchase is made will be determined by the City Manager or his/her designee. 8. Sealed bids must be used for purchases of $100,000 or more if the purchase is not made using cooperative purchasing. The date that the City Council approved the bid award should be noted on the requisition. 9. Typed Purchase Order forms are issued when a requisition is approved. 10. On items formally bid, a requisition is sent to the Finance Department after award of the bid by City Council. 11. Do not make the purchase until the requisition has been approved by the Finance Department. PREPARATION PROCEDURE: 1. Enter QUANTITY and DESCRIPTION of items to be purchased. 2. NAMES OF BIDDERS a. If only one vendor was considered, enter those amounts in the first column. b. If bids or quotations were obtained from more than one vendor, enter those figures in appropriate NAMES OF BIDDERS, UNIT PRICE, and AMOUNT columns. c. If written quotations were obtained, attach these to the requisition. d. If sealed bids were used for the purchase, note on the requisition the date that the City Council approved the bid award. Also, attach a copy of the agenda report to the requisition. e. If the purchase is being made using cooperative purchasing, indicate this on the front of the requisition. Packet Page Number 130 of 347 PAGE 14 f. If applicable, enter sales tax, freight and delivery charges in the amount columns. If necessary, contact the vendor and obtain estimated amounts. 3. NAME AND ADDRESS OF RECOMMENDED BIDDER. Enter name and address of vendor from whom material or service is to be purchased. If items are to be purchased from vendor other than lowest bidder, or if only one bid was obtained, attach a full explanation to the form. 4. Sign and date requisition or obtain signature of person in your department authorized to approve requisitions. 5. Enter the FUND, DEPT/PROGRAM, ACTIVITY (optional), OBJECT on the front of the form or list coding on an attachment. 6. Enter the AMOUNT that pertains to each account listing. 7. For capital outlay purchases, send the requisition to the City Manager. For all other purchases, send the requisition to the Finance Department for approval. 8. Upon approval, the Finance Department will send a purchase order copy back to the employee making the purchase. 9. Make the purchase. 10. When the merchandise or service is received, complete the Report of Goods/Services Received form. 11. If the vendor requires a down payment or deposit for part of the requisition amount, complete a Report of Goods/Services Received form. Check the box labeled Partial Delivery and in the section labeled Description write the deposit amount and “Deposit required by vendor”. Packet Page Number 131 of 347 PAGE 15 Packet Page Number 132 of 347 PAGE 16 REPORT OF GOODS/SERVICES RECEIVED FORM The Report of Goods/Services Received form is used to indicate receipt of goods/services when a requisition has been prepared. This form can be found on the Finance page of the City’s intranet or as an Excel file on the network at S:\FINANCE\Forms\AP-Report of Goods-Service Rec’d. GUIDELINES: 1. Used when a requisition has been prepared. 2. Used to indicate partial or complete delivery of goods or services. PREPARATION PROCEDURE: 1. Enter DEPARTMENT NAME. 2. Enter the NAME OF THE COMPANY that goods or services were RECEIVED FROM. 3. Enter the PURCHASE ORDER NUMBER of the purchase order mailed. 4. Enter the DATE the goods or services were received. Leave blank if this form is being used to process a down payment. 5. Determine if the delivery is PARTIAL or COMPLETE and check the appropriate box. If you indicate complete delivery on the form, the purchase order will be closed and no further payments can be made on it. If the form is being used for a DOWNPAYMENT, indicate the payment amount and check the appropriate box. 6. Method of processing. a. Regular Accounts Payable Processing. Check will be available and mailed every Tuesday. Cut-off date for inclusion in regular processing is 4:30 p.m. on the preceding Wednesday. b. Special Check. A check is prepared separately on the date indicated only when payment is required before the next regular accounts payable date. c. Reason for Special Check. State reason why a special check is needed. Use of special checks should be kept at an absolute minimum. The receipt of goods/services form and all necessary documentation must be submitted two days in advance of the date when the special check is needed. 7. Enter the QUANTITY and DESCRIPTION of goods or services received. As an option, the packing slip may be attached instead. 8. Enter the CONDITION of goods or services received. 9. On the RECEIVED/APPROVED BY blank, enter the name of the person who accepted or signed for the shipment or services. 10. If an invoice has been received, send it to the Finance Department. Packet Page Number 133 of 347 PAGE 17 Packet Page Number 134 of 347 PAGE 18 PAYMENT AUTHORIZATION FORM The Payment Authorization Form can be used as an authorization for payment when a requisition has not been prepared. This form can be found on the Finance page of the City’s intranet or as an Excel file on the network at S:\FINANCE\Forms\AP-Payment Authorization. GUIDELINES: The Payment Authorization form may be used for the following purposes: • Used to process payment for transactions under $5,000 if a VISA purchasing card cannot be used. • Payment to temporary help company. • Payments required by contract (e.g., construction contract). • Emergency needs. • Subscriptions or memberships. • Prepayment when required for purchase of goods or services. • Other miscellaneous payments. PREPARATION PROCEDURE: 1. Enter NAME OF PAYEE. 2. ADDRESS OF PAYEE need not be entered if address appears on attached supporting documents. If payee address does not appear on attachments, enter address where check is to be mailed. 3. METHOD OF PROCESSING a. Regular Accounts Payable Processing. Check will be available and mailed every Tuesday. Cut-off date for inclusion in regular processing is 4:30 p.m. on the preceding Wednesday. b. Special Check. A check is prepared separately on the date indicated only when payment is required before the next regular accounts payable date. c. Reason for Special Check. State reason why a special check is needed. Use of special checks should be kept at an absolute minimum. The Payment Authorization form should be submitted two days in advance of the date when the special check is needed. 4. EXPLANATION FOR PAYMENT. Supply a brief but clear explanation of reason for expenditure. 5. Indicate REASON FOR NOT PREPARING REQUISITION. 6. Enter FUND, DEPT/PROGRAM, ACTIVITY (optional), OBJECT. If more lines are needed for account coding, list all of the account coding on an attachment and write “see attached’ in the coding block on the form. 7. Enter AMOUNT of each account item. 8. Enter total AMOUNT OF CHECK to be prepared for payment. Packet Page Number 135 of 347 PAGE 19 9. Obtain signature of person in your department who has designated purchase approval authority if you do not have this authority. This person will review the purchase to determine that it is not a duplicate payment, that the transaction is correctly coded and that the form is properly completed. 10. If you require a record copy of the Payment Authorization form for your file, mark “Check here if you want a copy of this form after Finance Department approval”. 11. Attach the original invoice(s) and other related information to the payment authorization and send it to the Finance Department. The total of the invoices attached must agree with the amount of the check requested. The department making the purchase should request the vendor to send invoices to their department rather than the Finance Department. Packet Page Number 136 of 347 PAGE 20 Packet Page Number 137 of 347 PAGE 21 AUTHORIZATION TO PAY FIXED REGULAR BILLS FORM This form can be found on the Finance page of the City’s intranet or as an Excel file on the network at S:\FINANCE\Forms\AP-Auth Pay Fixed Regular Bills. GUIDELINES: 1. The AUTHORIZATION TO PAY FIXED REGULAR BILLS form is used for payments that are made at a fixed amount each month, quarter, or year provided that they cannot be charged on a VISA purchasing card. 2. By completing this form, the Finance Department will automatically issue a check for the amount designated. 3. If the fixed amount changes, a new form must be completed. PREPARATION PROCEDURE: 1. Enter NAME OF PAYEE (vendor). 2. Enter ADDRESS OF PAYEE. 3. After BILLS FOR, supply a brief but clear explanation of the reason for the expenditure (e.g., Rubbish Hauling). 4. Check either MONTHLY, QUARTERLY OR ANNUALLY to indicate the frequency of payment needed. 5. PERIOD COVERED BY AUTHORIZATION: The period in which the fixed payment authorization covers. As a general rule, payments should only be authorized for a period of up to one year unless there is a formal written contract in effect for a longer period. 6. ACCOUNT CODING: Enter Fund, Dept/Program, Activity (optional), Object. 7. AMOUNT: Enter the fixed amount. 8. Obtain a signature of the appropriate department head and date the form. 9. Send completed form to the Finance Department for approval. Packet Page Number 138 of 347 PAGE 22 Packet Page Number 139 of 347 PAGE 23 PETTY CASH REIMBURSEMENT FORM Pads of Petty Cash Vouchers (reimbursement forms) can be obtained from your department administrative assistant. GUIDELINES: A Petty Cash fund has been established to pay a “claim against the City which is impractical to pay in any other manner”. Items than CANNOT be paid from Petty Cash are as follows: 1. Payments for salary or personal expenses for an officer or employee. 2. Reimbursements for meals, training, mileage, etc. An Employee Expense/Mileage Reimbursement form should be completed for these expenditures. Expenses that are frequently paid from Petty Cash include postage for registered letters, parking fees, gas for city owned vehicles, coffee for meetings at City Hall and small supplies. For further information, see State Law 412.271, Subd. 5. Generally, the reimbursement should be $50 or less. PREPARATION PROCEDURE: 1. Enter the CURRENT DATE. 2. Enter the AMOUNT OF REIMBURSEMENT. 3. Enter a COMPLETE DESCRIPTION of the purpose of the reimbursement. 4. Enter the appropriate ACCOUNT CODE: Fund, Dept/Program, Activity (optional), Object. 5. Sign the Petty Cash form and attach receipts. 6. Obtain the signature of your supervisor (unless you are a department head). 7. Submit the Petty Cash form to the Finance Department for reimbursement. 8. The Finance Department will approve the payment and give the cash to the employee requesting reimbursement. 9. When cash is received you must sign the Petty Cash form to signify receipt of payment. Packet Page Number 140 of 347 PAGE 24 Packet Page Number 141 of 347 PAGE 25 EMPLOYEE EXPENSE REPORT FORM This form can be found on the Finance page of the City’s intranet or as an Excel file on the network at S:\FINANCE\Forms\AP-Employee Expense Report yyyy. GUIDELINES: 1. This form should be completed for all employee reimbursements that cannot be charged on a VISA purchasing card or are not eligible for reimbursement from petty cash including travel costs, meals, uniforms and the purchase of supplies. 2. The maximum allowable rate for overnight lodgings is the cost for single occupancy in a motel room. If two or more employees are traveling together and plan to share their lodgings, they may each claim their portion of the cost for the room. 3. Reimbursement for transportation expenses is set at coach rates for air travel. Employees who find it necessary to use their private automobiles for City travel will be reimbursed at the current per mile rate, not to exceed the coach rate to their destination. The current per mile rate is printed on the Employee Expense Report form. Necessary transportation by taxi cab is a reimbursable expense. 4. Tips for services received, excluding meals, are the responsibility of the employee. 5. Expenses for meals, including sales tax and gratuity, will be reimbursed according to the following limits and procedures. No reimbursement will be made for alcoholic beverages. Seventy five percent (75%) of the per diem is allowed for travel days as set forth in the annual General Services Administration Meals and Incidental Expenses Table located on the internet at www.gsa.gov/mie. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the amounts as set forth in that table. Also, if a meal is provided as part of the training, seminar, conference or other event being attended, an appropriate deduction shall also be made for that meal. This pertains to all employees not covered by a union contract (or other agreement) which specifies a different amount. Full reimbursements, over the maximums specified, will be authorized for all employees if a lower cost meal is not available when attending banquets, training sessions, or meeting of professional organizations. 6. Receipts should be turned in with this form. PREPARATION PROCEDURE: 1. Enter your NAME and DEPARTMENT. 2. Enter the dates in which expenses were incurred in the PERIOD COVERED section. Daily Expense Section 3. Enter the DATES the expenses were incurred in the appropriate boxes. 4. Enter the LODGING AMOUNT in the appropriate date column. Packet Page Number 142 of 347 PAGE 26 5. Enter the amount paid for MEALS with a breakdown between BREAKFAST, LUNCH, AND DINNER, for each date (maximum allowed is 75% of the per diem as set forth in the annual General Services Administration Meals and Incidental Expenses Table located on the internet at www.gsa.gov/mie). If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the amounts as set forth in that table. 6. Enter the amount paid for AIR FARE under the appropriate date in which travel occurred. Also, attach a City Frequent Flyer Form as required by State Law. 7. Enter the amount paid for TAXI under the corresponding date. 8. Enter the amount paid for PARKING in the column that corresponds to the day in which the expense was incurred. 9. Enter the amount paid for TELEPHONE calls in the column that corresponds to the date the call was made. 10. Enter the amount paid for UNIFORMS/SHOES in the appropriate column. 11. Enter a description and amount paid for OTHER reimbursable expenses which were incurred. 12. Total each of the rows for each category of expense that information was entered in the column marked TOTAL. 13. Enter the TOTAL DAILY EXPENSES in the appropriate box. 14. Enter information in the COMMENTS section to indicate why expenses were incurred. Mileage Reimbursement Section 15. Enter the DATE of each trip. 16. Enter where the trip began in the FROM column and enter the destination in the TO column. All trips listed are considered to be round trip unless you indicate it was one-way. If more space is needed, obtain and complete the Addendum to Employee Expense Report form. 17. Calculate the MILES and enter the number. 18. Enter an EXPLANATION of the purpose for each trip. 19. Total the MILES column. 20. Multiply the total miles by the current per mile rate to arrive at the amount of the mileage reimbursement. The rate is pre-printed on the Employee Expense Report form. The mileage reimbursement rate usually changes annually and is the IRS standard business rate. 21. Enter the MILEAGE REIMBURSMENT amount in the appropriate box. Packet Page Number 143 of 347 PAGE 27 Recap Section 22. Enter the TOTAL DAILY EXPENSES AND MILEAGE REIMBURSEMENT in the appropriate box. 23. Enter the appropriate account codes and amounts in the account code box. 24. Sign and date the form on the EMPLOYEE SIGNATURE line. 25. Attach all receipts and other documentation to this form and have it signed by your supervisor. 26. After approval by the employee’s supervisor, the Employee Expense Report form is transmitted to the Finance Department. A check for the approved amount will be issued within two weeks after approval by Finance. Packet Page Number 144 of 347 PAGE 28 Packet Page Number 145 of 347 PAGE 29 EDUCATIONAL ASSISTANCE REIMBURSEMENT FORM This form can be obtained from Human Resources or found on the HR page of the City’s intranet or as a Word file on the network at S:\Administration\HR\Forms\EDUCATIONAL ASSISTANCE REIMBURSEMENT FORM. GUIDELINES: 1. This form is used for reimbursement of tuition and books for job related courses. Courses required to be taken, for which 100% reimbursement will be received, should not be processed on this form. 2. The top part of this form should be completed prior to the enrollment in the course for pre- approval. 3. The remainder of this form should be completed after the completion of the course and the receipt of the final grade. PREPARATION PROCEDURE: 1. To assure reimbursement for tuition and books, pre-approval can be obtained by filling out the top section of this form. (Follow the instructions below for completing this form.) Turn the form in to your department head for approval. If the department head approves the course it will be sent to Human Resources. If approved, the form will be returned to you with the reimbursement pre-approval section completed. a. Enter the EMPLOYEE NAME. b. Enter the JOB TITLE and DEPARTMENT. c. Enter the COURSE TITLE AND DATES THE COURSE WILL BE TAKEN and attach a copy of the course outline. d. Enter the NAME OF SCHOOL, ADDRESS, CITY, STATE AND ZIP CODE. e. Check YES or NO, depending on whether or not you are working toward a degree. If YES, fill in the TYPE OF DEGREE you are working toward. f. Enter the estimated costs for TUITION, BOOKS and the maximum REIMBURSEMENT AMOUNT. g. SIGN and DATE the form, then submit the form to your department head for approval. h. Once the department head has approved the form, it will be sent to Human Resources for final approval. Upon this approval, it will be sent back to the employee. 2. Upon completion of the course and receipt of the final grade (must be a C or higher), complete the bottom part of the form as follows: a. Enter the DATE COURSE COMPLETED and the FINAL COURSE GRADE. Attach documentation showing the final course grade. Packet Page Number 146 of 347 PAGE 30 b. Fill in the COURSE TUITION, TOTAL COSTS OF BOOKS, and the REIMBURSEMENT AMOUNT, which is a percentage of the cost of tuition dependent on the grade as follows: Grade Percentage* A 85% B 75% C 50% *Employees must reimburse the City on a pro-rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. c. Attach to this form a copy of receipt for tuition and books, and a copy of the final course grade. Give this to Human Resources for final approval. Upon this approval, it will be sent back to the employee. d. After Human Resources has approved the reimbursement request section, the employee should attach this form to a completed Employee Expense Report form and then send it to the Finance Department. The reimbursement should be coded to account 4391. Packet Page Number 147 of 347 PAGE 31 Packet Page Number 148 of 347 PAGE 32 BUDGET TRANSFER REQUEST FORM This form can be found on the Finance page of the City’s intranet or as an Excel file on the network at S:\FINANCE\Forms\Budget Transfer Request. GUIDELINES: 1. Use this form for budget transfers between accounts. 2. This form is not used for transfers from contingency accounts or transfers between funds. These transfers require preparation of an agenda report for Council approval. 3. Adequate justification must be documented on the request form. PREPARATION PROCEDURE: 1. Enter the AMOUNT (minimum of $100 and rounded to nearest $5.00) of the budget transfer. 2. Check to determine that there is sufficient money in the account from which the transfer will be coming. If so, enter the account number in the FROM column. 3. Enter the account number that the transfer will be going to in the TO column. 4. PURPOSE: Enter the justification for the budget transfer (e.g., additional money needed for part-time wages for administrative assistant due to increase in building permits issued this year, the workload has significantly increased; therefore additional hours worked by the administrative assistant are needed to keep up with the increased workload). 5. DEPARTMENT HEAD ACTION: The budget transfer request form should be approved and initialed by the department head. 6. The completed form should be submitted to the Finance Department for approval or disapproval. Once the Finance Department has approved the transfer, a copy will be sent back to the department originating the transfer if requested. 7. The budget transfer requested will be made after the Finance Department has approved the transfer. Packet Page Number 149 of 347 PAGE 33 Packet Page Number 150 of 347 PAGE 34 GUIDELINES ON ACCOUNT CODING To ensure proper recording of transactions, it is important that the various purchasing forms be coded correctly. The account number sequence (budget code) is as follows: The Department/Program number is three digits and follows the fund number. Each dept/program has a three digit code number assigned. The Activity number is three digits and follows the Dept/Program number. Activity numbers are used for recreation programs and various parks. An activity code will not be used in all cases. If this is the case then “000” should be written or leave this section of the account coding box blank. Purchases coded to the following funds require an activity code: 206 – Recreation Programs Fund 403 – Park Development Fund 602 – Community Center Operations Fund The object code is a four digit number which follows the activity number. The object code indicates the nature of the expenditure. To determine the appropriate object code, first determine if you are purchasing supplies, services or capital outlay. Then find the appropriate object code within that category: CATEGORY OBJECT CODE NUMBERS Supplies 4110 thru 4290 Services 4310 thru 4590 and 4810 thru 4990 Capital Outlay 4600 thru 4730 Capital Projects 4751 thru 4762 Equipment that costs less than $2,000 should be coded to Account 4160 – Equipment Supplies. Equipment that costs between $2,000 and $4,999 should be coded to Account 4165 – Small Equipment. Capital outlay purchases are for items costing $5,000 or more individually that have a life expectancy of at least two years. Items costing $2,000 or more which are an addition or modification of a capital outlay item must also be coded to a capital outlay account. It should be noted that delivery charges are included as a cost of the item purchased when determining if the FUND DEPARTMENT/PROGRAM ACTIVITY OBJECT XXX - XXX - XXX - XXXX The Fund number is three digits. The most commonly used Fund numbers are: 101 - General Fund 206 - Recreation Programs Fund 601 - Sanitary Sewer Fund 602 - Community Center Operations Fund 604 - Environmental Utility Fund 702 - Fleet Management Fund 703 - Information Technology Fund Packet Page Number 151 of 347 PAGE 35 purchase is capital outlay. For example, if an item costs $4,990 and there is a $15 delivery charge, it would be considered capital outlay because the total cost is more than $5,000. Trade-in allowances should be coded to Account 3804 – Sale of Property. For repair services with separate charges for parts and labor, code the entire transaction to an object code for services. EXCEPTIONS: • Transactions to repair or replace items covered by another party’s insurance should be coded to account 101-1192. • Regarding payments on contracts that have a retainage, the gross amount earned should be coded to an expenditure account. The retainage should be coded to account 2063 as a credit (put amount in brackets). The difference is the check amount. • Capital outlay accounts 4600-4730 are not used in fund 601-607 and 702-703. Instead, account 1520 is used for building improvements, account 1540 is used for equipment purchases, and account 1560 is used for vehicle purchases. Packet Page Number 152 of 347 PAGE 36 EXPENDITURE OBJECT CODES PERSONAL SERVICES Expenditures for salaries, wages, and related employee benefits for persons employed by the City of Maplewood. ACCOUNT NUMBER ACCOUNT TITLE DESCRIPTION 4010 Wages – Full-time Employees Payments for employees who work a minimum of 40 hours per week all year. 4011 Overtime Pay Payments for overtime hours worked. 4020 Wages – Part-time Employees Payments for employees who either work less than 40 and more than 14 hours per week, or who do not work the entire year but work more than 67 days. 4025 Wages – Temporary Employees Payments for part-time employees who do not work more than 14 hours per week, or for full-time employees who do not work more than 67 days in a year. 4041 PERA Contributions City’s portion of PERA contribution. This account is used only in the Payroll Benefits Fund. 4042 FICA Contributions City’s portion of FICA contribution. This account is used only in the Payroll Benefits Fund. 4043 Deferred Compensation City’s portion of deferred compensation payment. This account is used only in the Payroll Benefits Fund. 4051 Health-Life-Dental Insurance City’s portion of health, life, and dental insurance premiums paid on behalf of the employee. This account is used only in the Payroll Benefits Fund. 4052 Long-Term Disability Insurance City’s long-term disability insurance premiums. This account is used only in the Payroll Benefits Fund. 4053 Unemployment Compensation City’s unemployment compensation payments. This account is used only in the Payroll Benefits Fund. 4054 Workers Compensation Insurance City’s workers compensation insurance premiums. This account is used only in the Payroll Benefits Fund. 4060 Firefighters Pension Benefits Pension payments to the Fire Relief Association. Packet Page Number 153 of 347 PAGE 37 COMMODITIES Expenditures for articles and supplies consumed or materially altered when used. ACCOUNT NUMBER ACCOUNT TITLE DESCRIPTION 4110 Office Supplies Items classified as supplies used in the office such as paper, envelopes, forms, pens, pencils, etc. 4120 Program Supplies Items classified as supplies used for recreational programs and employee awards/incentives. Also includes monthly payment to police canine handlers. 4130 Janitorial Supplies Items classified as supplies used for janitorial purposes such as cleaners, mops, brooms, paint supplies, etc. 4140 Vehicle Supplies Items classified as vehicle supplies used to repair the vehicles by City employees or City mechanics. Examples include tires, batteries, bulbs, fluids, belts, and fuses. 4150 Range Supplies Items classified as supplies used at the shooting range, such as ammunition and targets. 4160 Equipment Supplies Items classified as supplies used with equipment such as film, batteries, and replacement parts for equipment that do not have to be replaced by a professional. Includes software under $5,000, 35MM slides, keys/locks, toner/ drums/cartridges, and small equipment under $2,000. 4165 Small Equipment Items that will have a useful life of at least two years that cost at least $2,000 but less and $5,000. 4170 Books One-time purchase of books and other literature. (Does not include subscriptions for periodicals.) 4180 Maintenance Materials Materials used for maintenance of streets, utility systems, and parks such as black dirt, sod, grass seed, plants, wood lath, concrete mix, and tack oil. 4190 Chemicals Chemicals including fluid additives and cleaners not considered janitorial supplies. 4210 Fuel and Oil Fuel and oil for vehicles and equipment. 4220 Signs and Signals Exterior signs and supplies to make exterior signs. 4230 Small Tools Tools under the $5,000 limit for capital outlay. 4240 Uniforms and Clothing Purchases of uniforms or clothing including alterations required for an employee’s job. 4250 Heating Oil Heating oil costs. Packet Page Number 154 of 347 PAGE 38 ACCOUNT NUMBER ACCOUNT TITLE DESCRIPTION 4280 Merchandise for Resale – Snack Bar Commodities purchased for resale. 4281 Merchandise for Resale – Pro Shop Commodities purchased for resale. 4290 Miscellaneous Commodities Any commodity not properly classified as any of the types of commodities listed above. OTHER SERVICES Expenditures for services other than personal services. ACCOUNT NUMBER ACCOUNT TITLE DESCRIPTION 4310 Telephone Telephone maintenance, installation, long distance charges, trunk line costs, pager costs, and cellular phones. 4320 Utilities Expenditures for electricity, natural gas, and water utility. 4330 Postage Costs of sending material through postal service. Includes fees for bulk rate number and post office boxes. (Courier services should be coded to account 4480.) 4360 Publishing Costs of advertising and producing publications. Also includes publication of notices. 4370 Insurance Costs of liability and property insurance. 4380 Subscriptions and Membership Subscriptions to periodical publications; membership fees for professional organizations. 4390 Travel and Training Staff training costs including registration fees for seminars, conferences, and courses. Also includes the costs of accommodations, meals, parking, and transportation, but excluding mileage reimbursement. For in-house training, includes materials and services. 4391 Education Reimbursements Reimbursement for tuition and books for satisfactory completion of post-secondary classes. 4400 Vehicle Allowance Reimbursements for use of employee’s personal vehicle. 4410 Repair and Maintenance–Building Services purchased for the repair and/or regular maintenance of buildings and grounds. Packet Page Number 155 of 347 PAGE 39 ACCOUNT NUMBER ACCOUNT TITLE DESCRIPTION 4420 Repair and Maintenance–Vehicle Services purchased for the repair and maintenance of vehicles. 4430 Repair and Maintenance– Equipment Services and maintenance contracts purchased for the repair and/or regular maintenance of software and equipment (including equipment attached to buildings). 4440 Repair and Maintenance–Radio Services purchased for the installation, repair, and/or regular maintenance of radios. 4470 Repair and Maintenance–Utility Services purchased for the repair and/or regular maintenance of water and/or sewer systems. 4475 Fees for Dispatching Fees for dispatching services provided by Ramsey County. 4480 Fee for Service Fees for services provided, other than consulting services. Includes notary fees, temporary help hired through an outside agency, film developing, courier services, and property taxes. 4481 Fees – Bond Issuance Costs Fees for bond issuance costs. 4485 Fees for Utility Billing Fees charged by other cities for billing sewer and recycling charges. 4490 Fees–Consulting Fees for services provided by a consultant. 4499 Extraordinary Item An infrequent and unusual expense for the Community Center that exceeds $50,000. 4510 Sewage Treatment Costs of sewage treatment. This account is used only in the sewer fund. 4520 Outside Rental–Equipment Cost of renting equipment and miscellaneous items other than from the Fleet Management Fund. 4530 Property Rental Cost of room, building, and land rental (includes donations for room rental.) 4540 Internal Rental–Equipment Cost of renting equipment from the Fleet Management Fund. 4550 Duplicating Costs Copy machine rental charges only. 4560 Contour Maps Cost for purchase of topographic maps. 4580 Internal I.T. Charges Cost for use of information technology equipment and software owned by the City. 4590 Miscellaneous Contractual Services Other expenditures for services not properly classified as any of those listed above. Packet Page Number 156 of 347 PAGE 40 CAPITAL OUTL AY Expenditures that result in the acquisition of or addition to fixed assets. Acquisition cost must be at least $5,000 excluding the cost of maintenance contracts. The item purchased must have an estimated useful life of at least two years. ACCOUNT NUMBER ACCOUNT TITLE DESCRIPTION 4610 Vehicles Purchase of vehicles, including applicable taxes and registrations. 4630 Equipment–Office Purchase of office equipment and computer software, including delivery and installation. 4640 Equipment–Other Purchase of equipment, including delivery and installation. 4660 Construction–Building Construction of new buildings; not repair and maintenance of building improvements. 4690 Construction–Other Construction of new structures other than buildings or utility mains. 4710 Land Purchase Purchase of land. 4720 Land Improvement Improvements of land owned by the City (tennis courts, etc.). 4730 Building Improvement Construction which materially improves the building or extends its useful life. Also includes phone lines, data processing cables, and permanent attachments to buildings. CAPITAL PROJECTS ACCOUNT NUMBER ACCOUNT TITLE DESCRIPTION 4751 Awarded Construction Contracts Payments on construction contracts awarded by Council. 4752 Outside Engineering Fees Charges to projects for engineering services not provided by the City’s engineering staff. Also includes fees for architects, soil boring, and survey work. 4759 Other Construction Costs Charges properly classified as any other construction- related cost. 4761 Legal and Fiscal Charges for legal fees, legal notices, and County data processing services for PIP and developer funds. 4762 Land Easements Cost of easements necessary for construction. Packet Page Number 157 of 347 PAGE 41 MISCELLANEOUS ACCOUNT NUMBER ACCOUNT TITLE DESCRIPTION 4810 Principal Payments Payments to decrease indebtedness on bonds, lease- purchase contracts, and contracts for deed. 4820 Interest Payments Payments for interest on bonds, lease-purchase contracts, and contracts for deed. 4840 Paying Agent Fees Payments made to financial institutions for services rendered in paying interest and redeeming debt at maturity. This account is used only in Debt Service Funds. 4850 Discounts on Bond Proceeds Discounts on par value of bonds sold. 4930 Investment Management Fees Monthly charge for investment management. 4940 Cash Over/Short Used to record difference between cash due and cash collected. During the year both cash overages and shortages are coded to this account. At year end if the net total is a debit, this account is reported as an expenditure. If the net total is a credit, the amount is recorded to revenue account #3940–Cash Over. 4950 Administration Charges – General Fund Charges to the Sewer and Public Improvement Project Funds for costs associated with accounting and financial management. 4960 Engineering Charges – General Fund Charges to PIP and Developer Project Funds for engineering services provided by the City’s engineering staff. 4970 Judgments and Losses Expenditures in settlement of claims against the City for injury to persons or damage to property. Does not include the cost of land acquired by condemnation proceedings or the settlement of damage claims resulting from construction projects of the City. 4975 Small Liability Claims Payments of $750 or less for injury to persons or damage to property as authorized by the City Council on 4-28-97. Also includes sewer backup damages. Packet Page Number 158 of 347 PAGE 42 PROCEDURE TO CHECK BUDGET Double-click on the icon labeled Eden. Your User Name and GoldStandard should be listed. Do not enter a Password, just click OK. Double-click on General Ledger. Double-click on GL Accounts. To start you search click on the (you could also go to the top and click on Record – Find (QBE) or hit Ctrl+Q). Enter the Fiscal Year you want to look at if different than the default year. Use the tab key or mouse to move to the Account # box. Enter the Account Type and Number you want to look at. You can use the drop down box to select the Account Type: B = Balance sheet account E = Expenditure account R = Revenue account Then tab over to enter the Account Number in the following format fff-ppp-aaa-oooo There are wildcards you can use to help in your search or to search for multiple accounts. * Multi-character wildcard Matches any number of characters. Example: 101-201-000-* matches all object accounts for department 201 in the general fund. ? Single-character wildcard Matches any single character. Example: 101-201-000-40?? matches all personnel accounts for department 201 in the general fund. : Range Selects all accounts within the range. Example: 101-201-000-4100:101-201- 000-4299 selects all commodity accounts for department 201 in the general fund. | Or Selects accounts specified. Example: 101-201-000-4390|101-201-000-4480 selects those two accounts only. Once you have your Fiscal Year and Account Type and Number selected click the (you could also go to the top and click QBE (Execute Search) or hit Ctrl+Enter). Packet Page Number 159 of 347 PAGE 43 You will now see the following screen on your monitor with the first account listed in the range you selected. The following six tabs are listed across the top of the table: Main Detail Activity History Summaries Budget Preparation You will most often use the Activity and Detail tabs. When you click on the Detail tab here you will see something similar to the following: The detail for the month we are currently in will be shown on your screen. To switch to another month or the entire year, click the Filter button. Packet Page Number 160 of 347 PAGE 44 For entire year simply hit . For a specific month, type the number of the period you want in the Period field and hit . You can use any of the fields on the Filter screen to change your search. Other wildcards that might be useful are: > Greater than Example: >08/31/00 selects all documents dated after 8/31/00. >= Greater than or equal to Example: >=07/31/00 selects all documents dated 8/31/00 or later. < Less than Example: <06/01/00 selects all documents dated before 6/1/00. <= Less than or equal to Example: <=5/31/00 selects all documents dated on or before 5/31/00. <> Not equal to Selects all documents not equal to the criteria entered. = Equal to Selects only documents which equal the criteria entered. Once you are finished entering your search criteria, hit . For this example we obtained detail for the entire year by leaving the Filter screen empty and hitting the . Packet Page Number 161 of 347 PAGE 45 To see more detail behind each transaction simply click anywhere on the line you want to inquire about and hit the Magnifying Glass to the left of the Doc Date column. Select Transaction Information to see detail about Vendor, Check, etc. Whenever you are on a screen where any of the four arrow icons at the top are darkened, you can move from one record to the next using these. Once an arrow is grayed out that means there are no more records to be found in that direction. Anytime you are done with a screen, click the X in the upper right hand corner to close that screen down. You can start a new search at any time by clicking the and starting over. Help is available on line by clicking on Help – Form Help. PRINTING You can print the account information at anytime by clicking on the Printer button (you could also go to the top and click on Reports). You will get the following screen. It is very important to make sure you have the correct items marked before proceeding to print or you may waste a lot of paper. Packet Page Number 162 of 347 PAGE 46 The icon means you will print only the selected record on your GL Accounts screen. This is the default. The two yellow sheets of paper icon means you will print all the records you selected in your search criteria. The three yellow sheets of paper icon means you will print all the records. DO NOT select this option. You will print information on every account in our system. In the Print Options screen you can uncheck some of the options if they are not necessary. Make sure you select the period range you want to print for. Example: If you only want September put in 9 through 9. To make sure you will get the information you need, we strongly recommend doing a Print Preview to your screen (the white sheet of paper with a magnifying glass). If the preview looks okay, hit the Printer button to send to your printer. Anytime you are done with a screen, click the X in the upper right hand corner to close that screen down. Help is available on line by clicking on Help – Form Help. Packet Page Number 163 of 347 PAGE 47 PURCHASING CARDS The Purchasing Card concept delegates the authority to purchase low dollar items directly to designated cardholders, allowing them to purchase merchandise faster and easier than before. The program is to be used to purchase low dollar value items with the total amount of any purchase not to exceed the individual limit established for each employee. The program is designed to reduce the paperwork of procurement procedures such as purchase orders, petty cash, check requests and expense reimbursements. The resulting time savings will enable personnel to perform more effectively and focus on the value-added aspects of their jobs. The goals of the program include: ♦ Reducing paperwork ♦ Eliminating purchasing delays ♦ Reducing the cost of processing small dollar purchases ♦ Reducing invoicing problems ♦ Reducing the number of accounts payable checks This manual will provide you with the particulars of the program, including general guidelines, reconcilement and record keeping procedures, and customer service information. It is important to read the following information carefully as you will be responsible for adhering to the city-established policies and procedures. KEY CONTACTS The following resources are available to provide assistance with answering questions or help solving any problems that arise. Reason: Call: To apply for a Purchasing Card For questions about policies and procedures To replace damaged cards For assistance with merchants Joe Rueb, Program Administrator x42903 To report a lost card Emergency situations Account inquiries Billing information If you don’t receive your bi-weekly statement US Bank Customer Service 1.800.344.5696 Joe Rueb, Program Administrator x42903 To report a stolen card US Bank Customer Service 1.800.344.5696 Joe Rueb, Program Administrator x42903 Packet Page Number 164 of 347 PAGE 48 GENERAL GUIDELINES CARD ISSUANCE Participation in the Purchasing Card program must be approved by your supervisor and the Finance Department. Potential new cardholders are required to complete a Cardholder User Agreement (Exhibit A), which will be placed in your personnel file. The Program Administrator will then complete a Cardholder Account Setup Form and the card will be mailed to you within a few weeks. You are the only person entitled to use the card and the card is not to be used for personal use. As each Purchasing Card is linked to a specific account code and individual employee, the card cannot be transferred from one employee to another. The use of the Purchasing Card is a liability to the City of Maplewood; NOT a personal liability for you. Although the card will be issued in your name, your personal credit history will not affect your ability to obtain a card. The city is responsible for payment of all purchases. CARD USAGE The VISA Purchasing Card can be used at any merchant that accepts VISA, except as the city otherwise directs. It may be used for in-store purchases as well as phone, fax, mail orders or internet purchases. When using the VISA Purchasing Card at stores, please obtain a receipt and emphasize that an invoice must not be sent as this may result in a duplicate payment. For phone, fax and mail orders, please instruct the merchant to send you a receipt only. This receipt must be retained for your records and must show items purchased, price, sales tax and freight amount. Ask the merchant to place a “V” (to indicate it’s a VISA purchase) followed by your telephone extension in the purchase order number field of their invoice/packing slip (e.g., V2903). This will make items easier to identify. MERCHANT DOES NOT ACCEPT CREDIT CARDS Not all of your merchants will accept VISA. If this happens choose an option below: ♦ Make sure the merchant understands that the Purchasing Card is treated (processed) the same as any other charge card. ♦ Choose another merchant. ♦ Complete the transaction using alternative purchasing procedures and submit the appropriate paperwork to the Finance Department. ♦ Ask the merchant if they are interested in accepting VISA. If yes, refer them to the Program Administrator. When responding to merchant inquiries, explain how our Purchasing Card works and the benefits they will realize from accepting the card. Since they are paid in 2-3 days, Packet Page Number 165 of 347 PAGE 49 less a small transaction fee, merchants will never need to follow-up on Purchasing Card payments. In addition, since invoices no longer need to be prepared and mailed, merchants will also save time and money. UPCHARGING You may run into a merchant who states they will accept your card but will need to charge you an additional 3% over the regular cost of the item. This practice called upcharging is against VISA and MasterCard regulations. In other words, what the merchant is trying to do here is illegal. You should politely inform the merchant that this practice is against credit card regulations (they signed a contract with the card company stating they would not do this) and if they still will not sell you the item at regular cost we have a few options: ♦ Discontinue using the merchant ♦ Inform VISA and/or MasterCard ♦ Continue using the merchant without using your card (need to complete applicable purchasing forms) Please inform the Program Administrator when you run across a merchant who upcharges. Some organizations, such as the State of Minnesota, add a convenience fee to credit card transactions. This is not considered upcharging and is not illegal. Each purchaser will need to make the determination if there is added benefit to the City for the additional cost. Normally, you should not use your card if the resulting cost of an item is greater than it would have been if you had used a purchase order form. LIMITATIONS AND RESTRICTIONS There is a single transaction limit placed on your card, which means your card will be declined if you attempt to purchase more than this set amount at one time. Do not split a purchase to avoid the single transaction limit. If you believe the single transaction limit will inhibit optimum usage of the Program, please discuss this with your supervisor. In addition to the single transaction limit, every cardholder has a total monthly dollar limit assigned to his/her account. If you believe your monthly limit to be insufficient for your requirements, and your supervisor agrees, your supervisor must contact the Program Administrator to discuss the possibility of having your limit increased. The limits set on your card will be noted on your copy of the Cardholder User Agreement and can also be found on your bi-weekly activity statements once you start receiving them. The VISA Purchasing Card Program also allows for Merchant Category blocking. If a particular Merchant Category is blocked (e.g., liquor stores), and you attempt to use your card at such a merchant, your purchase will be declined. Management has made an effort to ensure that the merchants/suppliers used during the normal course of business are not restricted. If your card is refused at a merchant where you believe it should have been accepted, you should let the Program Administrator know. Packet Page Number 166 of 347 PAGE 50 CREDIT CARD SECURITY The Purchasing Card should be treated with the same level of care used with personal credit cards. ♦ The card must not be loaned to another person. The only person to use the Purchasing Card is the person whose name appears on the front of the card. ♦ The Purchasing Card account number should be guarded carefully. Do not post it or write it in any location that is accessible to others. LOST OR STOLEN CARDS You are responsible for the security of your card and any purchases made on your account. If you believe you have lost your card or that it has been stolen, immediately report this information to US Bank Customer Service at (800) 344-5696 and your Program Administrator at x42903. It is extremely important to act promptly in the event of a lost or stolen card to avoid city liability for fraudulent transactions. As with a personal charge card, you will no longer be able to use the account number after notifying US Bank. A new card will be issued. UNAUTHORIZED PURCHASES As with any city purchase, the card is not to be used for any product, service or with any merchant considered to be inappropriate for city funds. Unauthorized purchases include but are not limited to: ♦ Items for personal use ♦ Any single transaction exceeding your single transaction limit ♦ Alcoholic beverages ♦ Cash advances RECONCILEMENT AND PAYMENT Bi-weekly you will receive an activity statement. It is your responsibility to verify the correctness of the billing. You must: ♦ Retain all receipts for items purchased under the Program and attach them to the bi- weekly activity statement. ♦ Ensure all transactions posted are legitimate purchases you made on behalf of the city. ♦ Correct/add the account coding as needed. ♦ Sign off on your bi-weekly statement and obtain a second signature from your supervisor. All VISA cardholders must attach a travel and training application if they have any travel related expenses charged to their card (i.e., plane, hotel, meals, car rental). Packet Page Number 167 of 347 PAGE 51 It is a requirement of the program that you keep all receipts for goods and services purchased. For orders placed via phone, fax or mail, you must request a receipt, detailing items purchased, merchandise price, sales/use tax, freight, etc., be included with the goods mailed/shipped. (Note: a merchant should not reject this request as it is a VISA policy). It is extremely important to request and retain purchase receipts as this is the only documentation that shows whether sales tax has been paid and that the transaction had been coded properly. As Purchasing Card records will be audited from time to time, it is essential to adhere to the above record keeping guidelines. BI-WEEKLY ACTIVITY STATEMENTS ♦ Each cardholder receives a bi-weekly account statement for information and reconciliation purposes only. ♦ A summary of all charges with supporting detail is provided to the Program Administrator. ♦ The Finance Department will make bi-weekly payments to VISA on behalf of all cardholders. ♦ It is the responsibility of each cardholder to verify the correctness of the billing and correct/add the account coding. ♦ Forward the bi-weekly activity statement with the coded receipts/invoices to the Finance Department after you have obtained all required signatures. DISPUTED OR FRAUDULENT CHARGES If there is a discrepancy between your receipts and your statement, it is imperative that the issue be addressed immediately! You should first try to reach a resolution with the merchant that provided the item. In most cases, disputes can be resolved directly between the cardholder and the merchant. Returns. Returns are handled just like any credit card purchase. Bring or ship the item back to the merchant, along with the purchase receipt and request that a credit be placed on your card account. If the item is shipped, keep a copy of the receipt and shipping form in case further follow-up is required. Credits. The merchant should issue credit for any item that has been discussed and agreed to for return. The credit will appear on a subsequent statement. Any item purchased with the VISA Purchasing Card that is returned MUST be returned for credit. Do not accept a refund in cash or any other manner. Disputed Items. Contact the Program Administrator. Packet Page Number 168 of 347 PAGE 52 AUDITS The primary purpose of the audit is to ensure that the Purchasing Card Program procedures are being followed and that: ♦ Purchase volume appears reasonable. ♦ The card is being used for appropriate transactions. ♦ There is a purchase receipt attached to bi-weekly activity statement for each transaction listed on the statement. ♦ All transactions are coded properly. The Finance Department will perform audits as needed. TERMINATION OR TRANSFER OF CARDHOLDER If you should terminate employment with the City of Maplewood or transfer between departments, you must return your card to the Program Administrator prior to your termination/transfer date. The card will be canceled and, if needed, a new one will be issued. FAILURE TO COMPLY WITH PROGRAM GUIDELINES Cardholder consequences: ♦ Revocation of card. ♦ Other disciplinary action, up to and including termination of employment. Packet Page Number 169 of 347 PAGE 53 Single Transaction Limit $_________________ Exhibit A Monthly Transaction Limit $________________ CITY OF MAPLEWOOD Cardholder User Agreement Name of Purchasing Card Holder: Purchasing Card Account Number: Department Name: Accounting Code: You are being entrusted with a City of Maplewood Purchasing Card. The card is provided to you based on your need to purchase materials for the City. It is not an entitlement nor reflective of title or position. The card may be revoked at any time without your permission. Your signature below indicates that you have read and will comply with the terms of this agreement. I understand that I will be making financial commitments on behalf of the City of Maplewood and will strive to obtain the best value for the City of Maplewood. I agree, upon receipt of merchandise from a merchant, to verify the accuracy of the billings and to retain supporting receipts (the receipts are to be descriptive documentation from the merchant including items purchased, quantity and price) for bi-weekly statement reconciliation. I will receive a bi-weekly statement, which will report all purchasing activity during the statement period. Since I am responsible for all charges (but not for payment) on the card, I will reconcile the statement and resolve any discrepancies by either contacting the supplier or US Bank Customer Service. The reconciled statement and supporting receipts must be received in the Finance Department within 15 days of the statement date. Cards may be revoked due to continued tardiness. If the card is lost, I will immediately notify US Bank Customer Service at (800) 344-5696 and the Program Administrator in the Finance Department. If the card is stolen, I will immediately notify US Bank and the Program Administrator. Should I terminate employment with the City of Maplewood or transfer between departments, I will return the card to the Program Administrator prior to my termination/transfer date. I agree to surrender the Purchasing Card immediately upon termination of employment whether for retirement, voluntary, or involuntary reasons. The Purchasing Card is property of the City of Maplewood. As such, I understand that I may be periodically required to comply with internal control procedures designed to protect city assets. This may include being asked to produce the card to validate its existence and account number. As holder of the Purchasing Card, I agree to accept the responsibility for the protection and proper use of the card, as stated above. I understand that under no circumstances will I use the Purchasing Card to purchase City of Maplewood restricted items or make personal purchases, either for myself or for others. Using the card for personal charges could be considered misappropriation of the City of Maplewood funds and could result in disciplinary action, up to and including termination of employment. The Purchasing Card is issued in my name. I will not allow any other person to use the card. I agree that should I violate the terms of this Agreement and use the Purchasing Card for personal use or gain that I will reimburse the City of Maplewood for all incurred charges and any fees related to the collection of those charges. I have read and will follow the Purchasing Card Policies and Procedures Manual. Failure to do so could be considered as misappropriation of the City of Maplewood funds. Failure to comply with any of the above procedures may result in either revocation of my use privileges or other disciplinary action, up to and including termination. Cardholder Date Department Head Date Program Administrator Date Packet Page Number 170 of 347 G12 MEMORANDUM TO: Jim Antonen, City Manager Chuck Ahl, Assistant City Manager FROM: Larry Farr, Chief Building Engineer SUBJECT: Purchase for waterproofing, exterior caulking, and crack repair at Public Works/City Hall DATE: June 11, 2012 City Council Meeting INTRODUCTION City facilities have structural wall areas of poured cement or cement block that are underground or earth is up against the walls that water has seeped through over the years. This seeping or leaks requires staff to monitor various areas and repair them as they occur to prevent damage to our facilities or content in them. BACKGROUND When building or facilities are in the design phase and the determination is made to use either poured or cement block wall for structural strength or below grade conditions special consideration is taken for waterproofing the walls. The areas that are below grade or have earth or other material up against them have a waterproofing material or mastic applied to prevent water penetration. In this process or from years of exposure to the earth of fill material the waterproofing can fail. The misapplication or incorrect waterproofing technique along with structure movement or settling can cause cracks for leakage also. When these conditions allows water to penetrate the block or poured walls a contractor specializing in waterproofing is contacted to correct the cause of leakage. This is done by either drilling from the inside and injecting with a waterproofing product or physically digging on the outside and reapplying a waterproofing product or protective material. We have had to do these types of repairs to our campus facilities many times over the years with good results. DISCUSSION Due to the extremely wet spring we have incurred an unusual amount of leakage in all of the campus buildings. Staff is bringing this to the council’s attention because the accumulative total will be going over $10,000 which requires council’s approval to proceed with more leak repairs that need to be done. We have spent $5,575 to date and need to spend an additional $2,235 at City Hall and $7,560 at Public Works. This will brings the total to $15,370 to date. We have been using Western Waterproofing Co. to do all of the work to date because of their knowledge and expertise in waterproofing with great success. The scope of the work is detailed the attached proposals. RECOMMENDATION Staff is requesting city council approval to spend $9,795 from 101-115-4410 Repair and Maintenance of Buildings using Western Waterproofing Co. as the contractor per their proposals. My documents/council items/ approval purchasing waterproofing, exterior caulking, and crack repairs at PW-CH Attachments: (1) Western Waterproofing Company Proposal: $2,235.00 City Hall basement leaks. (2) Western Waterproofing Company Proposal: $7,560.00 Public Works Fleet Service Shop walls, building exterior walls. Packet Page Number 171 of 347 Packet Page Number 172 of 347 Packet Page Number 173 of 347 Packet Page Number 174 of 347 Packet Page Number 175 of 347 Packet Page Number 176 of 347 Packet Page Number 177 of 347 Packet Page Number 178 of 347 Packet Page Number 179 of 347 G13 MEMORANDUM TO: Jim Antonen, City Manager Chuck Ahl, Assistant City Manager FROM: Larry Farr, Chief Building Engineer SUBJECT: Purchase for repairing entryway roofs at Maplewood Community Center DATE: June 11, 2012 City Council Meeting INTRODUCTION The entryway roofs at the Maplewood Community Center help protect guest and patrons from rain and snow while waiting outside or at events in the banquet rooms. The roofs serve a purpose and were designed using galvanized metal to last a long time. Over the years the galvanized finish has failed due to various reasons and rusting has started in many entries. BACKGROUND The exterior galvanized metal entry roofs, metal railing, stairs, poles, and columns, started to rust and show wear in the early 2000’s but no maintenance or preventive steps were taken to stop the rusting. In 2006 a proposal was provided by TMI Coatings to see what the expense would be for painting all of the exterior metal railing, stairs, poles, columns, and entry roofs. The main reasons were excessive rusting, paint delaminating, peeling, and coating failure. The total proposal to correct the conditions was estimated at $120,000 because most areas needed to be sandblasted to clean metal, primed and painted for the warranty. This was submitted into the C.I.P. plan several times but denied due to budgetary constraints and various reasons. DISCUSSION Staff has determined the need to proceed forward with the most severe items listed above and the entry roofs were one of the items selected. The determination is to clean and repair four (4) of the most severely deteriorated entry roofs, repair the metal as needed and seal the top surfaces only, using EraGuard 2000 to prevent further deterioration. Staff will need to address the undersides, remaining entry roofs and exterior metal painting in the future. Staff has been working with Ettel & Franz on other roof leak issues at City Hall/Police Department and Public Works. This proposed work and the accumulative work done by Ettel & Franz or future roofing companies needs council’s approval as the amounts will be over the $10,000 amount requiring council approval to proceed. RECOMMENDATION Staff is requesting city council approval to spend $10,350 from GL# 602-614-4410 Repair and Maintenance of Buildings using Ettel & Franz to complete the repair work of the four (4) entry roofs at the Maplewood Community Center. My documents/council items/ approval purchase for repairing entryway roofs at the Maplewood Community Center Attachment: Ettel & Franz Proposal “Maplewood Community Center Entryway Roofs” Packet Page Number 180 of 347 Packet Page Number 181 of 347 AMENDED G14 MEMORANDUM TO: Jim Antonen, City Manager Chuck Ahl, Assistant City Manager FROM: Larry Farr, Chief Building Engineer SUBJECT: Approval of an agreement with Trane to Perform a Facility Audit (Engineering Study) of the Maplewood Community Center DATE: June 11, 2012 City Council Meeting INTRODUCTION The Maplewood Community Center (MCC) is the last building on the City Campus to have a thorough Facility Audit (Engineering Study) to determine what energy savings changes are available. Staff approached Trane in September-October of 2011 to do a preliminary study of the facility and make recommendations on how to proceed. This discussion included a unique opportunity involving a program called “Increment Financing”, where as the energy savings from installing energy efficient equipment, or projects that reduce energy usage would be guaranteed by Trane who would finance the project and have a15 year duration. BACKGROUND The Maplewood Community Center had an Energy Assessment completed by Xcel Energy in February 2009 which listed several items that could be done to reduce energy usage. We picked the so called low hanging fruit from this project with the least expense due to budgetary constraints at the MCC. Building Maintenance worked with vendors and contractors along with funds from an EECGB Grant to replace the lighting in the court area with T-8 light fixtures and motion sensors to turn light On/Off. Over the last seven (7) years staff has also implemented many projects that have reduced the energy usage of the facility. This includes T-8 24 watt Fluorescent lamp, energy efficient motor replacements, motor frequency drive upgrades, Summit System Upgrades, and many other changes. Due to budgetary constraints and various other reasons staff was not able to implement many of the recommended major upgrades or changes. This included scheduled equipment replacement due to age, system enhancements, failed equipment replacement, system integrations, and building envelope upgrades. DISCUSSION Staff has worked with Trane over the years and much of our mechanical equipment is Trane. This includes condensers, Summit System that controls our mechanical equipment on campus, and existing service contracts. Staff has had many meeting and discussions with Trane staff along with the preliminary Facility Audit conducted to justify the feasibility of proceeding with the program. The next step is to have the authorization to proceed with an in-depth Facility Audit (Engineering Study) conducted by Trane to identify all avenues of energy reduction available. The audit would coincide with the “Maplewood Community Center Energy Efficiency Plan” MCC EEP implementation. The audit expense is $40,000 with a Preapproved rebate from Xcel Energy of $23,430, leaving the final city expense of $16,570, which may be able to be rolled back into the program if the decision is to proceed once completed. RECOMMENDATION Staff is requesting city council approval to spend $40,000 which includes the Xcel rebate and the city’s commitment for the Facility Audit of the Maplewood Community Center by Trane. If the decision at the completion of the audit is to not proceed the expense would come out of GL# 602-614. My documents/council items/ g-14 approval of an agreement with Trane to perform facility audit (engineer study) of the MCC Attachment: Trane Letter of Commitment G-14-1 Xcel Energy Space Heating Study Rebate $8,430 G-14-2 Xcel Energy Study Cost $15,000 G-14-3 Packet Page Number 182 of 347 Packet Page Number 183 of 347 Packet Page Number 184 of 347 Packet Page Number 185 of 347 Packet Page Number 186 of 347 Packet Page Number 187 of 347 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Jim Taylor, Parks Manager SUBJECT: Approval to Authorize Contract to Resurface the Tennis Courts at Playcrest and Harvest Parks DATE: June 6, 2012 INTRODUCTION Two resurfacing improvement projects have been identified by staff as being critical to meeting the need of the residents. The two projects identified by staff are as follows: a) Resurfacing of Playcrest Park a battery of two tennis courts and a basketball court. b) Resurfacing of Harvest Park a battery of two tennis courts and a basketball court. BACKGROUND The park maintenance plan calls for resurfacing the tennis and basketball courts in two parks each year. This maintenance plan puts us on a schedule of resurfacing basketball and tennis courts every five years. Five years is typically the life expectancy of the court resurfacing process. It has been much longer than this since either of these courts have been resurfaced. They are both in very poor shape and have become a safety hazard as well. DISCUSSION Many of our tennis courts are in need of resurfacing and repair. Staff has identified the courts at Playcrest and Harvest Parks as the top priority for this year. The determination of which courts to resurface and repair was based upon the needs of the community and recreation programming staff as well as overall condition. Staff requested multiple bids for the project and The Tennis Court Doctor was the low bid for both courts coming in at $23,664.00 for Playcrest and $21,750.00 for Harvest. FUNDING The total sum of these projects amounts to $45,414.00. Funding for the project would come from parks $100,000 allocation of general levy dollars in the Capitol Improvement Fund. RECOMMENDATION Staff recommends the council authorize the Parks and Recreation Director to enter into a contract with the Tennis Court Doctor to resurface the tennis and basketball courts at Playcrest and Harvest for the sum of $45,414.00. Attachments A- Bid from the Tennis Court Doctor Agenda Item G15 Packet Page Number 188 of 347 Tennis Court Doctor • tenniscourtdoctor@hotmail.com • 12005 3rd Avenue North • Minneapolis, Minnesota 55441 Phone/Fax: (763) 545-7946 • Mobile: (612) 501-8264 Website: TennisCourtDoctor.com MAPLEWOOD PARKS 4-2-12 C/O JIM TAYLOR THE TENNIS COURT DOCTOR WILL FURNISH ALL MATERIALS, LABOR, AND APPLY OUR RESURFACING EXPERIENCE TO DO THE FOLLOWING WORK ON TWO SETS OF THE TWO TENNIS & ONE BASKETBALL COURTS LOCATED IN PLAYCREST & HARVEST PARKS : 1. POWER WASH COMPLETE SURFACE * ROTO-MAX NOZZLES & SURFACE CLEANERS WILL BE USED *owner to provide water ( use of hydrant or tanker truck) 2. CLEAN & LEVEL ALL CRACKS (acrylic binder) 3. PROVIDE TWO SAND FILLED ACRYLIC RESURFACER COATS TO “ BARE” AREAS 4. APPLY 2 ACRYLIC RESURFACER COATS ON ENTIRE TENNIS 7& B-BALL COURT SURFACES WE INSTALL FULL ACRYLIC TENNIS COURT SURFACES WE WILL NOT USE ASPHALT EMULSIONS COATS THAT WERE USED & PEELED PREVIOUSLY ON YOUR COURT 5. APPLY 2 FORTIFIED ACRYLIC COLOR COATS ON ENTIRE TENNIS & B-BALL COURT SURFACE S * COLOR: DR GREEN * 6. TAPE & HAND PAINT PLAYING LINES TO REGULATION FOR THE SUM OF: PLAYCREST PARK ; $ 7,888.00 PER COURT ( $15,776.00 or $23,664.00 ) HARVEST PARK : $ 7,250.00 PER COURT ( $ 14,500.00 or $ 21750.00 ) DUE TO THE EXISTING “PEELING” WE CAN NOT GUARRENTEE THE NEW ACRYLIC SURFACE. THE EXISTING COLOR COAT THAT DID NOT COME OFF DURING “POWER WASHING” MAY “ BUBBLE “ UNDER THE NEW COLOR COAT AT A LATER TIME.. THE ONLY WAY TO ELIMINAT THE OLD SUFACE BUBBLING IS TO OVERLAY THE TENNIS COURT WITH NEW ASPHALT & THEN COLOR COAT & STRIPE. THE ABOVE PROPOSAL REPRESENTS A COST EFFECTIVE APPROACH AT CONFRONTING THE EXISTING “ BUBBLING.”THIS PROCESS HAS WORKED IN THE PAST BUT IS NO MEANS A SURE FIX THE EXISTING STRUCTURAL CRACKS WILL RE-OPEN AS HAIR LINE CRACKS DUE TO: 1. MOISTURE UNDER ASPHALT MAT 2. SURFACE TENSION ALONG CRACK EDGES 3. CLIMATE CHANGE: freeze/thaw PLEASE SIGN & FAX/EMAIL BACK IF ACCEPTED QUOTE GOOD UNTIL 4-15-12 CORDIALLY, RICHARD A. KUNZ The Tennis Court Doctor Agenda Item G15 Packet Page Number 189 of 347 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Audra Robbins, Recreation Manager SUBJECT: Approval of Services Agreement between the City of Maplewood and Kokoro Volleyball for Usage of Carver Community Gym DATE: June 4, 2012 for June 11, 2012 Council Meeting INTRODUCTION Kokoro Volleyball began a relationship with the City of Maplewood in 2010 by renting volleyball courts for their team practices at Carver Community Gym. Since then, their organization has continued to grow as has their partnership with the Maplewood Parks & Recreation Department. Kokoro offers players the chance to continue on in the sport of volleyball after our youth leagues end and they have taught instructional classes for us during the off season in addition to their club programs. We in turn, have helped grow their programs through advertising in our Recreation Brochures, flyers and on our website. This has resulted in a great partnership between the City and Kokoro Volleyball. Due to the substantial growth of their organization, they are in need of additional gym space and wish to operate out of one central location. They have identified Carver Community Gym as their preferred site and have agreed to enter into a Services Agreement that will be beneficial to the City, Carver and Edgerton Schools and Kokoro Volleyball. One of the greatest benefits of this agreement for the schools and the community is Kokoro’s willingness to purchase new volleyball standards and storage equipment for Carver and Edgerton Community Gyms. Both gyms are still using the original equipment that was purchased when the gyms were built and are in need of these upgrades. DISCUSSION A copy of the proposed services agreement is attached for council’s review and consideration. City Attorney, Mr. Kantrud, was instrumental in seeing this document through from beginning to end. Kokoro Volleyball would like to enter into an agreement with the City of Maplewood that clarifies roles and responsibilities. Key items in the agreement include: • Kokoro will purchase volleyball standards, nets, antennae, storage cart and wall mounted storage unit for six courts in 2012 to be used at Carver Community Gym and Edgerton Community Gym. Agenda Item G16 Packet Page Number 190 of 347 2 • They will administer the Kokoro Youth Volleyball Program for the 2012, 2013 and 2014 season, including all scheduling of practices and matches, sign-up, billing and all other administrative duties not expressly agreed to be done by City. • The City shall be compensated for the use of their facilities in the amount of $72,000.00, per season, for the 2012 and 2013 seasons. The City shall be compensated in the amount of $75,200.00 for the 2014 season. • The City will reserve court time for Kokoro Volleyball at Carver Community Gym for the following tentative schedule beginning November 1, 2012 and ending June 24, 2013, as well as November 1, 2013 and ending June 24, 2014. When these times are not available due to Carver Elementary functions, they will secure times at other facilities to compensate accordingly: • The City will reserve court time for Kokoro Volleyball for four, full day, Monday through Thursday camps at Carver Community gym, to take place throughout the months of June, July and August, 2013, and 2014. • The City will be responsible for the upkeep and timely damage repair if necessary of the floors, walls, dividers, and net systems at Carver Community Gym. In the event of repairs conflicting with scheduled events, the City will secure alternate facilities for said events. • The City will include advertisements for Kokoro Volleyball in booklets distributed to the community, online, and in social media areas. RECOMMENDATION Staff recommends that the City Council approve the services agreement between the City of Maplewood and Kokoro Volleyball for usage of Carver Community Gym. ATTACHMENTS: 1. Proposed services agreement between the City of Maplewood and Kokoro Volleyball for usage of Carver Community Gym Agenda Item G16 Packet Page Number 191 of 347 Agenda Item G16 Packet Page Number 192 of 347 Agenda Item G16 Packet Page Number 193 of 347 Agenda Item G16 Packet Page Number 194 of 347 Agenda Item G16 Packet Page Number 195 of 347 Agenda Item G16 Packet Page Number 196 of 347 Agenda Item G16 Packet Page Number 197 of 347 Agenda Item G16 Packet Page Number 198 of 347 AGENDA REPORT TO: Jim Antonen, City Manager FROM: DuWayne Konewko, Parks & Recreation Director DATE: June 6 for the June 11 City Council Meeting SUBJECT: Approval of Social Media Contract with Gannett Local INTRODUCTION The City of Maplewood is seeking to enter into a six-month marketing agreement with Gannett Local for an all-inclusive price of $9,996.00. BACKGROUND The Maplewood Community Center recently reviewed their current social media offerings and found an overall lack of public engagement and interaction and an underutilization of these important marketing tools. Thus, the Community Center sought to enter into a contract with a local media company that could help to get these platforms off the ground and demonstrate some best practices for social media use. Under the aforementioned agreement Gannet Local will build, update, and manage the Park & Recreation department’s Twitter, Foursquare, and Facebook accounts. Gannett Local responsibilities will also include: • 24/7 Social Media Management • Monthly Content Calendar Developed For Facebook & Twitter • Custom Landing Pages Created For Special Events • Twitter Keyword Monitoring (25 Keywords) • Monthly Targeted Advertising On Facebook The terms of the agreement will be for a six-month period running June 1 – November 30, 2012. It is the Center’s intent that these services will pay for themselves in the form of lead generation, customer engagement, and brand awareness. In addition, at the conclusion of the six-month contract Community Center staff will be prepared to take over social media management. Monies for this expense have been budgeted in the 2012 MCC Operating Budget. RECOMMENDATION Staff recommends approval of this contract with Gannett Local for social media marketing services for $9,996.00. Attachment: 1) Proposed Contract Agenda Item G17 Packet Page Number 199 of 347 INDEPENDENT CONSULTANT SERVICES AGREEMENT The agreement ("Agreement") is made by and between The City of Maplewood, a Minnesota Municipal Corporation ("CITY OF MAPLEWOOD"), and KARE 11/Gannet Inc., an individual business entity organized in the State of Minnesota ("Consultant") and is effective as of June 1, 2012 ("Effective Date"). 1. ENGAGEMENT OF SERVICES. Herein is a description of the services to be provided by Consultant pursuant to the terms of the Agreement ("Consulting Services"). Consultant hereby agrees to utilize best efforts and produce in accordance with industry standards the following Consulting Services: • Build Twitter/Foursquare/and Facebook accounts and update said accounts with pre-developed content calendar. • Provide 24/7 management and monitoring of the aforementioned accounts for the duration of the contract (including keyword monitoring of 25 Twitter keywords) • Provide a minimum of one monthly targeted advertisement on Facebook. • Provide a minimum of one custom Facebook landing space for events or specials per month. • Generate monthly site usage reports for each of the aforementioned accounts. To the extent that ‘terms of art’ may be used in the aforementioned description of services, the parties acknowledge that those terms have broadly-accepted meanings in the social media industry/service sphere and shall adhere to those when/ if metrics cannot be agreed upon. 2. COMPENSATION. The Consultant's compensation for the Consulting Services will be a flat fee for the services detailed above in the amount of $1,666.00 per month for a period of six months, billed in monthly increments, payable NET 10. 3. INDEPENDENT CONTRACTOR RELATIONSHIP. Consultant's relationship with the City of Maplewood is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship. Consultant will not be entitled to any of the benefits that CITY OF MAPLEWOOD may make available to its employees, including, but not limited to, group health or life insurance, profit sharing or retirement benefits. Consultant is not authorized to make any representation, contract or commitment on behalf of CITY OF MAPLEWOOD unless specifically requested or authorized in writing to do so by a CITY OF MAPLEWOOD manager. Consultant is solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under the Agreement. Consultant is solely responsible for, and must maintain adequate records of, expenses incurred in the course of performing services under the Agreement. No part of Consultant's compensation will be subject to payroll taxes. CITY OF MAPLEWOOD will regularly report amounts paid to Consultant by filing Form 1099-MISC with the Internal Revenue Service. 4. CONFIDENTIAL INFORMATION. Agenda Item G17 Packet Page Number 200 of 347 4.1. Definition of Confidential Information. "Confidential Information" as used in the Agreement shall mean any and all technical and non-technical information and proprietary information, including without limitation, techniques, sketches, drawings, models, Intellectual Property, apparatus, equipment, algorithms, software programs and software source code documents, related to the current, future and proposed products and services of CITY OF MAPLEWOOD, its suppliers and customers, CITY OF MAPLEWOOD's information concerning research, experimental work, development, design details and specifications, engineering information, financial information, procurement requirements, purchasing and manufacturing information, customer lists, business forecasts, sales and merchandising and marketing plans and information, including resident contact and residence information. 4.1.b. Nondisclosure and Nonuse Obligations. Consultant will use the Confidential Information solely to perform Consulting Services for the benefit of CITY OF MAPLEWOOD. Consultant agrees that it shall treat all Confidential Information of CITY OF MAPLEWOOD with the same degree of care as it accords to its own Confidential Information, and Consultant represents that it exercises reasonable care to protect its own Confidential Information, and Consultant represents that it exercises reasonable care to protect its own Confidential Information. If Consultant is not an individual, Consultant agrees that it shall disclose Confidential Information only to those employees who need to know such information and certifies that such employees have previously agreed, either as a condition of employment, or in order to obtain the Confidential Information, to he bound by terms and conditions substantially similar to those of the Agreement. Consultant agrees not to communicate any information to CITY OF MAPLEWOOD in violation of the Proprietary rights of any third party. Consultant will immediately give notice to CITY OF MAPLEWOOD of any unauthorized use or disclosure of the Confidential Information. Consultant agrees to assist CITY OF MAPLEWOOD in remedying any such unauthorized use or disclosure of the Confidential Information. 4.1.c. Exclusions from Nondisclosure Obligations. Consultant's obligations under Paragraph 4.2(b)("Nondisclosure") with respect to Confidential Information shall terminate when Consultant can document that: (a) the information was in the public domain at or subsequent to the time it was communicated to Consultant by the disclosing party through no fault of Consultant; (b) the information was rightfully in Consultant's possession free of any obligation of confidence at or subsequent to the time it was communicated to Consultant by the disclosing party; or (c) the information was developed by employees or agents of Consultant independently of and without reference to any information communicated to Consultant by the disclosing party. Consultant agrees that there is a rebuttable presumption that any and all lists of residents of Maplewood and customer databases of the MCC were the property of the City of Maplewood and could not have been derived from Consultant. If Consultant is required to disclose the Confidential Information in response to a valid order by a court or other government body, or as otherwise required by law or as necessary to establish the rights of either party under the Agreement, Consultant agrees to provide CITY OF MAPLEWOOD with prompt written notice so as to provide CITY OF MAPLEWOOD with a reasonable opportunity to protect such Confidential Information. Agenda Item G17 Packet Page Number 201 of 347 4.1.d. Disclosure of Third Party Information. Neither party shall communicate any information to the other in violation of the proprietary rights of any third party. 4.2. RETURN OF CITY OF MAPLEWOOD'S PROPERTY. All materials furnished to Consultant by CITY OF MAPLEWOOD, whether delivered to Consultant by CITY OF MAPLEWOOD or made by Consultant in the performance of services under the Agreement (collectively referred to as the "CITY OF MAPLEWOOD Property") are the sole and exclusive property of CITY OF MAPLEWOOD and/or its suppliers or customers. Consultant agrees to keep all CITY OF MAPLEWOOD property at CITY OF MAPLEWOOD'S premises unless otherwise permitted in writing by CITY OF MAPLEWOOD. Consultant agrees to promptly deliver the original and any copies of the CITY OF MAPLEWOOD Property to CITY OF MAPLEWOOD at any time upon CITY OF MAPLEWOOD's request. Upon termination of the Agreement by either party for any reason, Consultant agrees to promptly deliver to CITY OF MAPLEWOOD or destroy, at CITY OF MAPLEWOOD's option, the original and any copies of the CITY OF MAPLEWOOD Property. Within five (5) days after the termination of the Agreement, Consultant agrees to certify in writing that Consultant has so returned or destroyed all such CITY OF MAPLEWOOD Property. 4.3 OBSERVANCE OF CITY AND STATE LAW. At all times while on CITY OF MAPLEWOOD premises, Consultant will observe CITY OF MAPLEWOOD'S rules and regulations with respect to conduct, health and safety and protection of persons and property. This contract and information derived used or produced as a result of it may be subject to the Minnesota Government Data Practice Act and may require furnishing upon request. Consultant understands that the maintaining of such data is an obligation of this Agreement. 4.4 NO CONFLICT OF INTEREST. During the term of the Agreement, Consultant will not accept work, enter into a contract, or accept any obligation, inconsistent or incompatible with Consultant's obligations, or the scope of services rendered for CITY OF MAPLEWOOD, under the Agreement. Consultant warrants that, to the best of its knowledge, there is no other contract or duty on Consultant's part, which conflicts with or is inconsistent with the Agreement. Consultant agrees to indemnify CITY OF MAPLEWOOD from any and all loss or liability incurred by reason of the alleged breach by Consultant of any services agreement with any third party. 5. TERM AND TERMINATION. 5.1. TERM. The Agreement is effective as of the Effective Date set forth above. This Agreement may be extended for up to three months, in one month intervals, upon execution of written extensions by both parties. The fee-for-services would remain as stated above unless the parties stipulate otherwise. 5.2. TERMINATION. Either party may terminate the Agreement, with or without cause, at any time upon fifteen (15) days' prior written notice to the other party. Agenda Item G17 Packet Page Number 202 of 347 6. SUCCESSOR AND ASSIGNS. Consultant may not assign the Agreement or subcontract or otherwise delegate its obligations under the Agreement without CITY OF MAPLEWOOD'S prior written consent. Subject to the foregoing, the Agreement will be for the benefit of CITY OF MAPLEWOOD'S successors and assigns, and will be binding on Consultant's assignees. 7. CONSEQUENTIAL DAMAGES. Neither party will be liable to the other for any consequential, special or incidental. 8. NOTICES. Any notice required or permitted by the Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (I) by personal delivery when delivered personally; (ii) by overnight courier upon written verification of receipt; iii) by telecopy or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (iv) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the addresses set forth below or such other address as either party may specify in writing. 9. GOVERNING LAW. The Agreement shall he governed in all respects by the laws of the United States of America and by the laws of the State of Minnesota, excluding Minnesota's conflict of law provisions. 10. SEVERABILITY. Should any provisions at the Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of the Agreement shall not be affected or impaired thereby. 11. WAIVER. The waiver by CITY OF MAPLEWOOD of a breach of any provision of the Agreement by Consultant shall not operate or be construed as a waiver of any other or subsequent breach by Consultant. 12. INJUNCTIVE RELIEF FOR BREACH. Consultant's obligations under the Agreement are of a unique character that gives them particular value; breach of any of such obligations will result in irreparable and continuing damage to CITY OF MAPLEWOOD or which thee will be no adequate remedy at law; and, in the event of such breach, CITY OF MAPLEWOOD will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate. 13. INDEMNIFICATION. The Consultant will need to agree that it will defend, indemnify, and hold harmless the City against any and all liability, loss, damages, costs and expenses, which the City or office may hereafter sustain, incur, or be required to pay by reason of any negligent act or omission or intentional act of the Consultant, its agents, officers, or employees during the performance of the Agreement. 13.1 INSURANCE. The Consultant will need to further agree that in order to protect itself as well as the City under the indemnity provision set forth above, it will at all times during the term of the Contract keep in force the following minimal insurance protection in the limits specified: Agenda Item G17 Packet Page Number 203 of 347  A single limit or combined limit or excess umbrella general liability insurance policy of an amount of not less than $300,000 for property damage arising from one occurrence, $1,000,000 for total bodily or personal injuries or death and /or damages arising from one occurrence. Such policy shall also include contractual liability coverage by specific endorsement or certificate acknowledging the contract between the Consultant and the City.  A single limit or combined limit or excess umbrella automobile liability insurance policy, if applicable, covering owned, non-owned and hired vehicles used regularly in the provision of services under this Agreement, in an amount of not less than $300,000 per accident for property damage, $1,000,000 for bodily injuries and / or damages to any one person, and $1,000,000 for total bodily injuries and / or damages arising from any one accident.  A professional liability insurance policy covering personnel of the Consultant while performing services under this Agreement in the following amounts: Errors and omissions $300,000 per occurrence and $1,000,000 in total for any individual occurrence.  Workers Compensation Insurance and employer’s liability as required by law including all states endorsement in an amount of $100,000 for each occurrence. Prior to the effective date of the Agreement, the Consultant will furnish the City with certificates of insurance as proof of insurance for general Liability and Auto Liability. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the City. 14. ENTIRE AGREEMENT. The Agreement constitutes the entire agreement between the parties relating to the subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. The terms of the Agreement will govern all Project Assignments and services undertaken by Consultant for CITY OF MAPLEWOOD. The Agreement will govern all Project Assignments and services undertaken by Consultant for CITY OF MAPLEWOOD. The Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing. IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first written above. ________________________ __________________________ CITY OF MAPLEWOOD Kare 11/Gannet, 1830 County Road B East c/o Leah McClarnon Maplewood, MN 55109 8811 Olson Memorial Hwy. Minneapolis Mn. 55427 Phone 763-797-727 ________________________ __________________________ Date Date Agenda Item G17 Packet Page Number 204 of 347 Item G18 AGENDA REPORT TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: June 6, 2012 RE: Approval of Agreement with Pyrotechnic Display, Inc. for July 4th Fireworks Introduction As you are aware staff is preparing for the Light it Up July 4th celebration that will be held at Hazelwood Park on July 4th. Light it Up, will be replacing the annual Taste of Maplewood event generally held in August. In prior years, the city has had an agreement with Pyrotechnic Display (formerly known as Melrose Pyrotechnics) and staff has very been pleased with the quality and quantity of the show and specifically the crew responsible for all aspects of preparing for and presenting the show. Fire Marshall Gervais has stated that he has been impressed with the professionalism of their staff and the safety precautions that they implement. Staff is requesting approval of the contract in the amount of $15,000 for the fireworks display. In the event of inclement weather the event will be rescheduled at a future date. The proper insurance has been obtained from Pyrotechnic Display, Inc. and arrangements will be made for Fire Marshall Gervais to meet with their staff to perform the required inspections. Budget Impact Funds that have been allocated for the Taste of Maplewood and Friends event will be used for payment of the fireworks. Recommendation It is recommended that council approve payment of $15,000 for the fireworks display to Pyrotechnic Display for the Taste of Maplewood July 4th celebration at Hazelwood Park. Packet Page Number 205 of 347 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 206 of 347 Agenda Item H.1. MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Solid Waste Management Ordinance and Standards – Second Reading DATE: June 6, 2012, for the June 11 City Council Meeting INTRODUCTION The City’s new residential trash collection service will begin on October 1, 2012. The new trash plan was authorized by the City Council on November 28, 2011, when the contract with Allied Waste Services was approved. The City’s Solid Waste Management Ordinance (SWMO) allows for a subscription trash hauling system within the City. A subscription system allows residents to hire any City-licensed trash hauler to pick up their trash. The City currently has nine residentially licensed trash haulers. The Maplewood Trash Plan organizes the City’s residential trash collection into a City-wide contracted system. The five-year contract with Allied Waste Services includes trash pickup for single family residential homes, with townhome and manufactured home developments able to opt into the plan if they choose. The City’s SWMO should be revised to reflect the new trash plan and the City’s waste reduction goals. BACKGROUND February 16 and March 19, 2012, the Environmental and Natural Resources (ENR) Commission reviewed amendments to the City’s SWMO. April 16, 2012, the ENR Commission recommended approval of the SWMO and Standards. May 7, 2012, the City Council reviewed the SWMO and Standards during a workshop. May 11, 2012, the City Council approved the first reading of the SWMO. DISCUSSION Existing Solid Waste Management Ordinance The SWMO was adopted on June 6, 1997. Following are highlights of the ordinance and trash hauling licensing requirements: Ordinance • Residents must have trash collected from their property at least once a week from a licensed trash hauler. • Trash must be stored in a rodent-proof container. Packet Page Number 207 of 347 2 • Recyclables must be placed on the curb for collection. • Trash collection is limited to the hours of 6 a.m. to 6 p.m., Monday through Saturday. • Trash is picked up according to the City’s day-certain trash and recycling pick up days (Monday through Friday). Licensing • All trash haulers are required to be licensed by the City. • The yearly license fee is set by the City Council. The fee is currently $129 per year. • The license runs from September to August of each year. • The license application must include the following: • Name and address • A statement that the trash hauler will follow a long-range plan of disposal in conformity with state pollution control agency regulations. • Provide maps of service routes configured so that customers on load-sensitive streets are among the first served on such routes. • Haulers must comply with the following: • Carry general and auto liability insurance. • Pick up trash on day-certain trash pick-up routes. • Use tandem axels or flotation tires to reduce the per-axle weight of all trucks used for collection. • Provide collection carts or bins. • Volume-based rates (30 gallon being the minimum). • Provide collection of yard waste to customers upon their request. • Provide special collection services within 24 hours of customer’s request. • Provide special service collection for physical concerns. • File all residential customer rates effective for the following year with the City. • Amended rates must be filed within two weeks of any change. • Penalty for noncompliance of ordinance and licensing requirements are as follows: • Failure to comply with the ordinance and licensing requirements is grounds for revocation of the license by the City Council. New Regulations to Include Ordinance and Standards Solid waste and recycling regulations are currently addressed in two separate ordinances – SWMO (adopted in 1997) and the Multiple-Family Recycling Ordinance (adopted in 2006). During this revision of the regulations, staff is recommending that a separate Solid Waste Management Standards document be adopted in addition to a combined solid waste and recycling ordinance. The ordinance will serve as an authoritative rule which property owners and trash and recycling haulers must comply. Amendments to ordinances must go through the City’s public hearing process, with review and recommendation by various commissions and first and second reading by the City Council. The proposed Standards will be designed similar to the City’s Engineering Standards, and will serve as guidelines for the City’s solid waste and recycling programs. The Standards will include specific requirements for the storage, collection and transportation of residential solid waste and recycling. Changes to standards do not require public hearings, allowing Standards to be modified at a staff level, which will be important when addressing operation changes needed to the City’s trash or recycling programs. Packet Page Number 208 of 347 3 New Solid Waste Management Ordinance The new ordinance includes solid waste and recycling regulations for single family, multiple- family, and commercial properties. The pertinent sections of the existing Multiple-Family Recycling Ordinance are included. It also includes licensing requirements for all haulers including requirements for the City’s residential trash and recycling haulers and the multiple- family and commercial haulers. Following are highlights of the new ordinance: 1. All residential, multiple-family, and commercial properties must source separate recyclables, yard waste, household hazardous waste, hazardous waste and other items from garbage. 2. Hours of trash pick-up are consistent with the City’s trash collection contract, 6 a.m. to 6 p.m. Hours of recyclable pick up are consistent with the City’s recycling contract, 7 a.m. to 7 p.m. 3. City–provided trash carts may be placed on the alley line or curb line for collection no earlier than 5:00 p.m. on the day before collection and removed by 6:00 a.m. on the day after collection. 4. Multiple-family properties that do not participate in the City’s recycling program are required to provide recycling education to their tenants as well as submit an annual recycling report to the City. 5. The city’s contract hauler for residential trash collection shall propose new rates each year by September 1 for the upcoming calendar year based on the price indicators and adjustment formulas specified in the contract. 6. The city and the city’s contract hauler shall develop a five-year plan for implementing increased increments with the volume-based rates (pay as you throw). 7. Reserved sections for expanded commercial trash collection regulations and new organics collection. New Solid Waste Management Standards The Standards address eligible items to be included in the trash; trash cart set out instructions; resident’s trash storage requirements; payment of charges and delinquent fees; and other collection system details that are part of the City’s trash and recycling programs. Pertinent sections of the existing Multiple-Family Recycling Ordinance are included in the standards. Following are highlights of the new standards: 1. Residential and Multiple-Family Recycling and Garbage Standards 2. Residential Garbage Cart Standards a. Storage of Carts b. Maintenance of Carts 3. Yard Waste and Source Separated Organics Collection and Composting 4. Bulky Waste Collection 5. Home Owner Associations Opting Into the Maplewood Trash Plan a. Home owner associations that utilize trash carts and that have existing garbage collection contracts that meet the minimum requirements of the standards are not required to have city-contracted garbage collection services. b. Home owner associations may apply to the city to opt in to the city-contracted trash collection service by submitting an application to the City. c. Home owner associations that have city-contracted trash service must continue to have city-contracted trash service (can’t opt out once they opt in). Packet Page Number 209 of 347 4 6. Commercial Solid Waste Standards 7. Delinquent Accounts 8. Resolution of Disputes 9. Special Exemptions (Forms and Fees) a. Opt Out – Permanent (environmentally responsible method of disposal such as self haul or business with trash service - $35) b. Opt Out – Temporary (vacant property - Free) c. Every Other Week Garbage Removal (Free) d. Walk Up Service (Free) e. Shared Trash Service (Free) f. Opt In - Homeowner’s Associations (Free) Schedule After approval of the second reading of the SWMO, staff will prepare a summary ordinance for publication as well as a resolution which authorizes trash hauling licensing fees. The summary ordinance and resolution will be reviewed and approved by the City Council on June 25. RECOMMENDATION Adopt the second reading of the attached Solid Waste Management ordinance (Attachment 1). This ordinance replaces the City’s existing Solid Waste Management and Multiple-Family Recycling ordinances and creates a new ordinance dealing with the management of solid waste and licensing of solid waste haulers within the City of Maplewood. The ordinance also authorizes the Solid Waste Management Standards (Attachment 2). Attachment: 1. Solid Waste Management Ordinance 2. Solid Waste Management Standards Packet Page Number 210 of 347 1 ORDINANCE NO. _____ An Ordinance Amending Section 30 (Solid Waste Management) The Maplewood city council approves the following changes to the Maplewood Code of Ordinances: This ordinance deletes the Solid Waste Management Ordinance (Chapter 30) which deals with the management of solid waste in the City of Maplewood in its entirety (except Section 30-7 as noted hereafter) and replaces it with a new ordinance. This ordinance moves Section 30-7 of the existing Solid Waste Management Ordinance dealing with portable on-demand storage units to Chapter 18 (Environment) of the City Code. Section 1. This section moves portions of the Solid Waste Management Ordinance dealing with portable on-demand storage units from Chapter 30, Section 7(h) to Chapter 18 (Environment), Article II (Nuisances), Section 18-33 (Nuisances Affecting Peace and Safety) at subsection (25). (25) No property owner or person shall store on a residential property a portable on-demand storage unit (POD) more than 60 days in any 12-month period starting with the day/date the POD is first moved on site. All PODs must be stored on an impervious surface on the property. The city may grant a time extension of an additional 60 days provided the property owner gets a tracking permit for the POD from the city. In no case shall a POD be stored on a property more than 120 days in any 12-month period. This provision applies to all residential properties including townhouses, condominiums, and multi-family complexes. PODs stored on residential properties in conjunction with a building permit or home improvement project are exempt from this provision, except for the requirement to keep the POD on an impervious surface. In such a case, the property owner shall make every effort to adhere to the 120-day-maximum time limit. Section 2. This section creates a new Solid Waste Management Ordinance (Chapter 30). Chapter 30  SOLID WASTE MANAGEMENT*  Article I ­ In General (Residential, Multiple­Family, Commercial)  Sec. 30-1 Purpose. Sec. 30-2 Definitions. Sec. 30-3 Source separation required. Sec. 30-4 City recycling program generally. Sec. 30-5 Collection and disposal generally. Sec. 30-6 Collection requirements generally. Sec. 30-7 Hours of collection. Sec. 30-8 Unauthorized collections. Attachment 1 Packet Page Number 211 of 347 2 Sec. 30-9 Disposal required. Sec. 30-10 Unlawful disposal; location of containers for collection; disposal of flammable or explosive materials. Sec. 30-11 Manner of transporting materials. Sec. 30-12 Obstruction, delay or interference with contractor. Sec. 30-13 Penalty for violation of ordinance. Secs. 30-14 – 30-20 Reserved. Article II ­ Recycling Requirements (Residential, Multiple­ Family, Commercial)  Sec. 30-21 Collection and processing of residential recyclables. Sec. 30-22 Collection and processing of multiple-family recyclables. Sec. 30-23 Collection and composting or disposal of yard waste. Sec. 30-24 Collection of source-separated organic materials. (Reserved) Sec. 30-25 – 30–40 Reserved. Article III ­ Solid Waste Requirements (Residential)  Sec. 30-41 Collection and disposal of residential garbage by city-contracted hauler. Sec. 30-42 Requirements to dispose of residential appliances, bulky waste and large items. Sec. 30-43 Collection and disposal of garbage for multiple-family properties without curbside collection. Sec. 30-44 Requirements to dispose of multiple-family bulky waste and other large items. Sec. 30-45 Delinquent accounts. Secs. 30-46 – 30-50 Reserved. Article IV ­ Solid Waste Requirements (Multiple Family and  Commercial)    Sec. 30-51 Collection and disposal of commercial garbage. Secs. 30-52 Manufactured Homes, Townhomes May Opt In 30-53 – 30-59 Reserved. Packet Page Number 212 of 347 3 Article V ­ Collection Licenses (Residential, Multiple­Family, and  Commercial)  Sec. 30-60 Collection licenses required. Sec. 30-61 Application; fee; duration. Sec. 30-62 Insurance. Sec. 30-63 Vehicle requirements. Sec. 30-64 Pickup schedules. Sec. 30-65 Duty of licensees to report accumulations of garbage. Sec. 30-66 Prohibited mailings. Sec. 30-67 Suspension or revocation. Sec. 30-68 Volume-based rates. Secs. 30-69 – 30-75 Reserved. Article VI ­ Disposal Sites (Generally)  Sec. 30-76 Unlawful deposit of garbage and other substances. Secs. 30-77 – 30-105 Reserved. * Statutory Authority: Authority for city council to provide for or regulate the disposal of garbage and other solid waste, Minn. Stats. § 412.221, subd. 22. SOLID WASTE MANAGEMENT § 30   Article I ­ In General (Residential, Multiple­Family,  Commercial)  Sec. 30­1 ­ Purpose.  The city’s goal is to improve solid waste management and to serve the following purposes: (a) Achieve a reduction in waste generated. (b) Encourage the separation and recovery of materials and energy from waste. (c) Ensure the protection of public health and safety and promote city cleanliness and livability. (d) Promote best management practices in solid waste management to protect air quality, water quality, and natural resources. (e) Be consistent with the requirements of the State statutes, State rules and Ramsey County ordinances, and with State and Ramsey County solid waste plans. (f) Provide high quality solid waste and recycling services in the most cost-effective manner possible. (g) Coordinate solid waste management among political subdivisions. Packet Page Number 213 of 347 4 The city has authority to enact ordinances for these purposes under Minnesota Statutes, section 412.221, subdivision 22, which requires the city council to provide for or regulate the disposal of garbage and other solid waste. (The city has enacted standards for the implementation of these ordinances as specific requirements for the storage, collection and transportation of solid waste.) Sec. 30­2 ­ Definitions.  The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this ordinance, except where the context clearly indicates a different meaning: Additional/overflow garbage means garbage in excess of the capacity of the city-provided garbage cart with the lid in the fully closed position. Appliances include washers, dryers, refrigerators, freezers, air conditioners, dehumidifiers, humidifiers, stoves, ranges, hot water heaters, water softeners and other, similar large household items that require electricity and/or special processing under Minnesota laws, but do not include “electronic waste.” Bulky waste means all large, bulky household materials which are too large for one person to pick up and/or do not fit within the city-provided garbage cart, and include (but are not limited to) carpeting and padding, mattresses, chairs, couches, tables, appliances and car parts including wheels, rims and tires. City-contracted garbage hauler is the company that the city contracts with in accordance with Minnesota Statutes, section 115A.94 to provide residential garbage collection and disposal services in the city. The city-contracted garbage hauler is the sole garbage hauler for single family residential properties in the city, and for other properties that the city has allowed to opt-in to the city-contracted garbage hauler service. City-contracted recyclables hauler means the hauler(s) contracted by the city to provide collection of designated recyclables in the city for single and multiple family residential properties in the city. City-provided garbage carts are the wheeled containers for residential garbage in the city that are owned by the city and provided to garbage customers for their use; the containers are of various sizes and ownership is retained by the city. Collection means the aggregation and transportation of solid waste from the place at which it is generated and includes all activities up to the time when it is delivered to a designated disposal facility. Collection service is the process of collection and transportation of garbage, yard waste, recyclables, bulky waste and/or source-separated organic materials by a licensed hauler. Commercial property means properties in the city that are classified generally as commercial or business in the City zoning code which generates garbage and recyclables and are typically serviced by a dumpster form of garbage container. Composting has the meaning set forth in Minnesota Statutes, section 115A.03, and means the controlled microbial degradation of organic waste to yield a humus-like product. Contractor’s garbage bill is the Contractor’s bill for services, from either the city-contracted garbage hauler or a commercial hauler, which is directly submitted to customers. Construction debris means building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of buildings, roads or other facilities. Day-certain collection is a city-approved plan for weekly collection services by an established day- certain schedule which requires garbage, yard waste, recyclables, and source-separated compostable Packet Page Number 214 of 347 5 materials collections on the same day of the week, and which is based on a five (5) day work week (Monday through Friday). Designated recyclables shall mean those materials designated as recyclables in the city recycling program in the City of Maplewood Solid Waste Management Standards Dumpster has the commonly used meaning in the solid waste industry of a commercial garbage container made of metal or durable plastic with a lid that can be serviced by a front-end loading automated or rear-loading semi-automated garbage truck. Electronic waste (electronic items) has the meaning set forth in Minnesota Statutes, section 115A.1310, subdivision 7 as “covered electronic device” and includes items such as television and computer monitors, computers, computer peripheral devices, fax machines, DVD players, video cassette recorders, other video display devices, cell phones and other small appliances with an electric cord. Every other week collection garbage service means garbage collection on the same day of the week as day-certain service but on specified every other week dates. Residents must apply to the city to receive approval for this every other week service. Food waste means residential food waste and includes meal preparation and left over food scraps from households intentionally separated at the source by residents for the purpose of backyard composting or separate collection for centralized recovery. Garbage has the meaning set forth in Minnesota Statues, section 115A.03, subdivision 21, mixed municipal solid waste, and means solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural waste, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams. Household garbage means garbage from residential properties. Household hazardous waste has the meaning set forth in Minnesota Statutes, section 115A.96, subdivision 1, paragraph (b), and/or Minnesota Pollution Control Agency regulations and means waste generated from household activities that exhibits the characteristics of or that is listed as hazardous waste under agency rules, but does not include waste from commercial activities that is generated, stored, or present in a household and includes items such as paint, fluorescent light bulbs, mercury thermometers, cleaning fluids, herbicides, pesticides, fertilizers and other waste as defined in Minnesota statutes or regulations in that paragraph. Load sensitive streets are those streets identified by the Public Works Director of the City of Maplewood as being at risk of accelerated deterioration due to excessive or high axle weight loads. Manufactured home means a dwelling unit that is consistent with Section 44-6 of the Maplewood Zoning Code. Mixed municipal solid waste has the meaning set forth in Minnesota Statutes, section 115A.03, subdivision 21, and includes garbage, refuse and other solid waste from residential, commercial, industrial, and community activities that the generator of the garbage aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, tree and agricultural waste and other materials collected, processed and disposed of as separate waste streams. Multiple-family dwelling or unit for purposes of this ordinance means a building or a portion thereof containing five (5) or more residential dwelling units. Packet Page Number 215 of 347 6 Resident means the person(s) living in a residential dwelling unit. Residential dwelling unit is a separate dwelling place with a kitchen in buildings with up to four (4) units per structure. Residential property means a property containing between one (1) and up to four (4) units per structure. Self–haul is the city-approved method for a resident to contain and transport garbage from their own household to a licensed/permitted mixed municipal solid waste facility. Self-haul requires the specific approval of the city. Single-family dwelling unit means a building, including a manufactured home, containing up to four (4) residential units whose occupants and owner are required to participate in the city-contracted garbage service unless exempted by the city. Solid waste has the meaning set forth in Minnesota Statutes, section 116.06, subdivision 22(1)(9), but is further defined for purposes of this ordinance to include garbage, recyclables, appliances, bulky waste, yard waste, and household hazardous waste. Source-separated compostable materials has the meaning set forth in Minnesota Statutes, section 115A.03, subdivision 32(a) and means materials that: (1) are separated at the source by waste generators for the purpose of preparing them for use as compost; (2) are collected separately from mixed municipal solid waste; and (3) are comprised of food waste, fish and animal waste, plant materials, diapers, sanitary products, and paper that is not recyclable. Townhouse means a residence for one family that is attached either horizontally or vertically to at least two other residences as defined in Section 44-6 of the Maplewood Zoning Code, each with a private outside entrance. Vectors of disease are animals including, but not limited, to insects, mice, rats, squirrels, crows, flies and other vermin that are capable of carrying, transmitting and/or infecting humans with disease. Walk-up service means special garbage or recycling service that is provided from the side of the house or garage, for which the contractor walks the cart or recycling container to and from the side of the house or garage and the collection vehicle, and which is applied for on a case by case basis. Yard waste means garden waste, leaves, lawn cuttings, weeds, prunings, shrub and small tree branches as defined by the City of Maplewood Solid Waste Standards, generated at residential or commercial properties. Sec. 30­3 – Source Separation Required  All residents and commercial property shall separate all designated recyclables, and other items designated by City of Maplewood Solid Waste Management Standards, from garbage. These source separated items shall be collected for separate recycling, processing or treatment. Sec. 30­4 ­ City Recycling Program Generally  The city has established and developed, or encouraged, recycling programs throughout the city, including residential, multiple-family and commercial programs. The city’s goal is to promote solid waste reduction and recycling through education and incentives. Sec. 30­5 ­ Collection and Disposal Generally  (a) All garbage, recyclables, yard waste, source-separated compostable materials and other waste material accumulated in the city shall be collected and conveyed under the Packet Page Number 216 of 347 7 supervision of the city manager. The city manager or their designee shall have the authority to develop Solid Waste Management Standards concerning days of collection, type and location of waste containers and other matters as they deem necessary to provide for the safe, orderly and cost-efficient preparation, storage, collection and disposal of all waste materials covered in this ordinance. These standards shall not be contrary to this ordinance. (b) Except on days of collection when garbage may be put on the curb for collection in residential areas, every person as a householder, occupant or owner of any dwelling, boardinghouse, apartment building or any other structure utilized for dwelling purposes and any restaurant, firm, corporation or establishment that accumulates garbage in the city shall provide and use one or more fly tight, watertight, rodent proof garbage containers that is removed from the public right of way until lawful collection and disposal is made. (c) Fees for hauling garbage, yard waste, and bulky waste under this ordinance shall be paid directly to the garbage hauler by the owner, agent, occupant or tenant of the premises at which the garbage is collected, and such fees shall be paid in full. (d) The city has the authority to charge residents for recycling programs and services and such fees shall be paid in full. Sec. 30­6 ­ Collection Requirements Generally  It shall be the duty of every garbage hauler, contractor, subcontractor, and person, including their agents and employees, who has contracted or undertaken to remove any garbage, or any other waste material or who is engaged in the removal, loading or unloading of any such substance in the city to do such with dispatch, in a clean manner and with as little danger and prejudice to life and health as possible. Sec. 30­7 ­ Hours of Collection  The collection of garbage for residential and multiple-family dwellings shall be in accordance with the times outlined in the city’s contract for garbage collection, Monday through Saturday. Collection of residential and multiple-family dwelling units’ recyclables shall be in accordance with the times outlined in the city’s contract for recyclables collection, Monday through Saturday. The collection of garbage and recyclables for commercial properties shall occur between the hours of 6 a.m. to 6 p.m. Collection outside these hours shall be grounds for suspension or revocation of a hauler’s license to operate in the city. Sec. 30­8 ­ Unauthorized Collections  Any person who permits garbage to be picked up from their premises in the city by an unauthorized or unlicensed collector under this ordinance shall be guilty of a violation of this ordinance. Sec. 30­9 ­ Disposal Required  (a) Every person shall legally dispose of garbage that accumulates upon their property in the city at least once a week or more often as directed by the city manager unless given special permission as per Sections 30-41 (d) and (e). Every firm, corporation, occupant or owner of any dwelling, boardinghouse, apartment building, manufactured home, or any other structure in the city, including churches and halls, shall have garbage collected by haulers licensed by the city and shall comply with this ordinance and with the dates of collection and requirements therefore as established by the city manager. (b) All garbage shall be disposed of in compliance with state law and county policies regarding required processing of waste. Packet Page Number 217 of 347 8 Sec. 30­10 ­ Unlawful Disposal; Location of Containers for Collection; Disposal  of Flammable or Explosive Materials  (a) No person, business or commercial property in the city shall place any garbage or any other waste material in a street, alley or other public place or upon any private property, whether owned by such person or not, except as provided by this ordinance. (b) No person shall throw or place any garbage in any stream, wetland or other body of water in the city. (c) No person in the city shall store, sweep or deposit any garbage, or any other waste in such a manner that it may be carried by elements off their property. (d) No person shall bury or burn any garbage, or any other waste in the city. (e) Highly flammable or explosive materials shall not be placed in city-provided garbage carts for regular collection, but shall be disposed of in accordance with state law and Minnesota Pollution Control Agency regulations. Sec. 30­11 ­ Manner of Transporting Materials  All persons engaged in the business of hauling recyclables or garbage and/or yard waste in the city shall transport the materials in enclosed vehicles, carts, dumpsters, bins, or other secure containers so as to prevent any loss of these materials and to prevent litter. Care shall be taken to ensure no blowing or escape of garbage, litter, yard waste or liquids from truck operations occurs during the collection and transportation of garbage, designated recyclables, bulky waste, yard wastes or source-separated compostable materials Sec. 30­12 ­ Obstruction, Delay or Interference with Contractor  (a) No person shall obstruct, delay or interfere with any contractor or person engaged in the city in removing any offal, garbage, dirt, dead animals, sewage or other like substances or with the proper performance of their contract. (b) Scavenging of any waste or material is prohibited. Sec. 30­13 ­ Penalty for Violation of Ordinance.  Any person violating any of the sections of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished in accordance with Section 1-15. The city may also handle violations of this ordinance through the administrative offenses procedures in Section 1-17. Secs. 30­14 – Exceptions for Storm Clean­Up or Other Emergency  Circumstances  The City Manager shall have the authority to grant temporary exceptions to the requirements in this ordinance and in the standards for purposes of efficient solid waste management during storm clean-up events or other emergency circumstances. Any such exceptions shall be immediately executed in writing and shall have specific sunset dates specified. Packet Page Number 218 of 347 9 Sections 30­15 – 30­20    Reserved  Article II – Recycling Requirements (Residential,  Multiple­Family, Commercial)  Sec. 30­21 ­ Collection and Processing of Residential Recyclables  (a) Designated recyclables from residential dwellings that are placed on the curb or alley for collection must be in curbside recycling bins, carts, boxes or paper bags as prescribed by the City of Maplewood Solid Waste Management Standards such that blowing of recyclables does not occur, and recyclables remain as dry and clean as practicable. (b) When designated recyclables are placed at the curb or alley line they are the sole property of the city, and shall be removed only by the city-contracted recyclables collector. (c) Only the city-contracted recyclables collector or their city-approved sub-contractor may collect and process recyclables set out for recyclables collection at the curb or alley line. Sec. 30­22 ­ Collection of Recyclables from Multiple­Family Dwellings  The city requires all the owners and managers of multiple-family dwellings to provide recycling services to all their residents. (a) Collection Service Required. The owner of a multiple-family dwelling shall make available to the occupants of all dwelling units on the premise services for the collection of designated recyclables. (b) Recycling Information Required. The owner of a multiple-family dwelling shall provide recycling information to the occupants of each dwelling unit on the property consistent with the City of Maplewood Solid Waste Management Standards. (c) Responsibility for Providing and Maintaining Recycling Containers. (1) If the owner of a multiple-family dwelling uses the city’s recycling contractor, then the contractor shall provide and maintain adequate recycling containers for the needs of the property and its occupants; or (2) If the owner uses an independent recycling contractor, the owner shall assure adequate recycling containers are provided and maintained by the independent contractor. (d) Transportation and Disposal. Upon collection by the city-contracted recyclables hauler or the owner’s independent hauler, that person shall deliver the designated recyclables to a recyclable material processing center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility. (e) Annual Report. Each owner or manager of a multiple-family dwelling that does not employ the city’s recycling contractor shall file an annual report with the city by January 31 of each year on a form detailed in the City of Maplewood Solid Waste Management Standards. (f) Administrative Penalties. Violation of this ordinance shall be charged as an administrative fine as follows: a fine of $200.00 for the first offense; a fine of $300.00 for the second offense at the same location within a 12 month period; a fine of $500.00 for the third offense or additional offenses within a 24 month period at the same location. The owner shall be notified in writing of the violation and if the owner fails to take action within 15 days of receiving the notice of violation, the owner shall be cited for violation in accordance with the fine schedule. Packet Page Number 219 of 347 10 Sec. 30­23 ­ Collection and Composting or Disposal of Yard Waste   (a) Yard waste to be collected by the city’s contract garbage hauler shall be placed on the curb or alley line for collection in carts or state approved compostable or paper bags subject to special arrangements with the city-contracted garbage hauler. (b) Home lawn, garden waste, and kitchen food scraps may be composted in small quantities on a residential lot as long as the compost pile does not create a nuisance for neighbors due to objectionable odor, vectors of disease, attraction of unwanted wildlife, or unsightliness. Compost piles must be placed at least five (5) feet from rear- and side-yard property lines and shall not be placed in a front yard. Residents must follow composting operation guidelines referenced by City of Maplewood Solid Waste Management Standards. (c) Yard waste not collected by the city-contracted garbage hauler, or not composted by the resident or shrubs, tree limbs, stumps and roots must be transported to a properly permitted and licensed yard waste transfer, composting, or processing facility. The City of Maplewood Solid Waste Management Standards may allow for exceptions if a tree service provides for on-site chipping to produce a suitable mulch product. Sec 30­24 ­ Collection of Source­Separated Compostable Materials  Sections 30­25 – 30­40 Reserved  Article III ­ Solid Waste Requirements (Residential)  Sec. 30­41 ­ Collection and Disposal of Residential Garbage by City­ Contracted Hauler  (a) Occupants of residential properties shall store all garbage in city-provided garbage carts between collections. On the designated day of collection in their area they may place the city-provided garbage cart on the curb or alley line for collection by the city-contracted garbage hauler. (b) Instead of the requirement to place the city-provided garbage cart at the curb or alley line, residents with physical challenges may apply to the city for walk-up service as provided by the City of Maplewood Solid Waste Management Standards. (c) Every person occupying a residential property shall utilize city-provided garbage carts for the disposal of garbage. The carts are the property of the city, and shall be used solely for disposal of garbage. Only city-provided garbage carts, or approved plastic garbage bags for overflow garbage, in addition to the cart shall be used for the disposal of garbage. (d) Persons who wish to self-haul their own garbage may apply to the city to do so. Permission may be granted to self-haul if proof is submitted of an environmentally responsible means of disposal that complies with state laws and regulations and county policies and in conformance with the City of Maplewood Solid Waste Management Standards. Residents that are approved by the city for self-haul must remove their garbage at least once per week. Self-haul can only be accomplished with the specific approval of the city using an application form provided in the City of Maplewood Solid Waste Management Standards. (e) Persons may apply to the city for less than weekly service on a form provided by City of Maplewood Solid Waste Management Standards. Permission may be granted for less than once per week garbage removal provided that sufficient removal is accomplished to prevent nuisance or unhealthful accumulations of garbage. Such permission will be withdrawn and weekly garbage removal required, if nuisance or unhealthful conditions exist. (f) Except on specified collection days as provided in Section 30-41(g) below, all city- Packet Page Number 220 of 347 11 provided garbage carts shall be located behind the front line of the dwelling, in the garage or screened from view from the street, and at least ten (10) feet from any abutting dwelling or sufficiently distant so as not to be a nuisance to those properties, unless other provisions are allowed by the city due to special site conditions. (g) City–provided garbage carts and any additional bagged overflow garbage may be placed on the alley line or curb line for collection no earlier than 5:00 p.m. on the day before collection. City-provided garbage carts must be removed from the curb line no later than 6:00 a.m. on the day after collection. Sec. 30­42 ­ Requirements to Dispose of Residential Appliances and  Bulky Waste  (a) Residents shall dispose of appliances or any other bulky waste such as furniture, mattresses or large household or garage waste as specified by the City of Maplewood Solid Waste Management Standards. (b) Upon resident request, the city-contracted garbage hauler must collect and properly dispose of appliances or other bulky waste in accordance with Sec. 30-62(e). Sec. 30­43 ­ Collection and Disposal of Garbage for Multiple­Family  Properties without Curbside Collection  (a) The owner, operator or manager of any multiple-family property with more than four (4) units that do not have curbside collection shall have dumpster or equivalent service from a commercial hauler licensed to do business in the city. The dumpsters shall be of a minimum capacity of one cubic yard, covered, and of a city-approved sanitary type with the proper attachments for lifting onto garbage trucks. (b) Garbage shall be removed at least once weekly, and more often if garbage carts or dumpsters become full. Garbage shall be transported and disposed of in accordance with state laws and rules and county policies regarding licensed disposal and processing. Sec. 30­44 – Requirements to Dispose of Multiple­Family Bulky Waste  The owner, operator or manager of any building containing more than four (4) dwelling units shall provide on-site disposal of large or bulky waste for all occupants. Disposal of these items shall be in compliance with all state laws and regulations and county policies. Sec. 30­45 ­ Delinquent Accounts  (a) The city contracted garbage hauler is responsible for collection of all fees associated with the collection and processing of garbage from residential properties. The city-contracted hauler shall make good-faith efforts to collect all amounts due, including use of a collection agency. All such efforts shall be documented. (b) The St. Paul Regional Water Authority and adjacent cities, as applicable, are responsible for the collection of all fees associated with the City of Maplewood recycling program. The St. Paul Regional Water Authority or the appropriate cities shall make good-faith efforts to collect all amounts due, including use of a collection agency. (c) Delinquent accounts shall be defined as those residents who have not paid and are over three (3) months past due. (d) If the amount continues to be delinquent past the three (3) months from the account being declared “past due” by the above entity, the City of Maplewood shall declare the amount delinquent. The entity shall submit a written request to the City of Maplewood with Packet Page Number 221 of 347 12 adequate documentation of the efforts made to collect the past due amounts. If the city determines that a good faith effort was made and that adequate documentation was submitted, the city shall place the amount on the property taxes associated with the property for which the amount is due. The city shall follow all practices required by the state and city ordinance to assess the delinquent amount to the property. Sections 30­46 – 30­50  Reserved  Article IV ­ Solid Waste Requirements (Multiple Family  and Commercial)  Sec. 30­51 – Collection and Disposal of Commercial Garbage  (a) The owner, operator or manager of any firm or corporation shall have a dumpster or equivalent service from a commercial hauler licensed to do business in the city. The dumpsters shall be of a minimum capacity of one cubic yard, covered, and of a city- approved sanitary type with the proper attachments for lifting onto garbage trucks. (b) Garbage shall be removed at least once weekly, and more often if garbage carts or dumpsters become full. Garbage shall be transported and disposed of in accordance with state laws and rules and county policies regarding licensed disposal and processing. Sec. 30­52 – Manufactured Homes, Townhouses May Opt­In    The owners of manufactured homes or manufactured home parks and of townhouses and townhouse associations may opt-in to the city-contracted garbage hauling service, at their application and with the city’s approval. Sections 30–53  –  30­59 Reserved  Article V ­ Collection Licenses (Residential, Multiple­ Family, and Commercial)  Sec. 30­60 ­ Collection Licenses Required  It shall be unlawful for any person to collect any garbage, designated recyclables, or other solid waste in the city from any residential, multiple-family, or commercial property without having first secured a license from the city to do so. Sec. 30­61 ­ Application; Fee; Duration  (a) Any person desiring a license to collect garbage, yard waste, recyclables, or other solid waste in the city shall apply for a license to the city clerk by first submitting an application with the name and address of the applicant. (b) The application described in subsection (a) of this section shall be submitted to the city manager. Upon finding that the applicant is responsible, has proper equipment for such collection and that no nuisance is liable to be created by the granting of the license, the city manager shall endorse and approve the application. (c) Before any license may be issued, the applicant shall pay to the city clerk a license fee Packet Page Number 222 of 347 13 imposed, set, established and fixed by the city council, by resolution, from time to time, which fee shall accompany the application. (d) No license issued under this article shall be for a longer period than one year, and all licenses shall expire on December 31 of each year. Sec. 30­62 – Licensee Operating Requirements  The applicant shall: (a) Use tandem axles or flotation tires to reduce the per-axle weight of all trucks used for collection of solid waste. (b) Provide maps of service routes configured so that customers on load-sensitive streets will be among the first served on such routes to minimize damage to load-sensitive streets and alleys. (c) Provide collection carts or dumpsters to customers upon their request. (d) Provide collection of yard waste to customers upon their request. (e) Provide special or extraordinary collection services, such as bulky waste removal, within two (2) business days of a customer’s request. (f) Provide special service collection arrangements for customers to accommodate their physical health concerns. (g) Properly contain all garbage or recyclables such that no blowing or escape from trucks of solid or liquid waste or recyclables occurs. (h) Provide information to all customers that may be required of the city by county, metropolitan, state, or federal governments. Sec. 30­63 ­ Insurance  The applicant for the license required under this article shall provide a certificate of public liability insurance in the amounts specified in this section for collecting garbage. Such insurance policy shall be subject to the approval of the city manager. The applicant must also provide a comprehensive general policy of liability insurance with minimum coverages as stated. At a minimum, the insurance shall conform to the following requirements: (a) General liability in the following amounts: (1) Bodily injury, per occurrence, or combined single limit, $1,500,000.00. (2) Property damage, $500,000.00. (b) Auto liability in the following amounts: (1) Property damage or combined single limit, $500,000.00. (2) Bodily injury in the following amounts: a) Per person, $1,000,000.00. b) Per occurrence, $5,000,000.00. (c) Workers Compensation Insurance as specified by the Minnesota Department of Occupational Health and Safety and federal law. Packet Page Number 223 of 347 14 Sec. 30­64 ­ Vehicle Requirements  Each garbage collector licensed under this article shall provide a covered or enclosed truck, tank or trailer so constructed that the contents will not leak or spill from it, in which all garbage collected shall be conveyed to an approved disposal facility. The truck or conveyance used shall be kept clean and as free from offensive odors as possible and shall not be allowed to stand in any street, alley or public place longer than is reasonably necessary to collect garbage. Any litter or truck fluid leaks shall be immediately cleaned up. Significant release of any truck fluid leaks shall be immediately noticed to the appropriate authorities. Each truck used under a city license shall remain in compliance with all federal and Minnesota Department of Transportation rules and regulations. Sec. 30­65 ­ Pickup Schedules  (Residential)  Each residential licensee under this article shall consent to and follow a schedule of pickups, setting the day and area of pickups, as established by City of Maplewood Solid Waste Management Standards, to limit area pickups for residential collections to the same day per week each week. Sec. 30­66 ­ Duty of Licensees to Report Accumulations of Garbage  Each licensee under this article shall report any accumulations of garbage that violates this ordinance or other city ordinances to the city as per City of Maplewood Solid Waste Management Standards. Sec. 30­67 – Prohibited Mailings (Residential and Multiple Family)  No notices shall be sent from licensees or other persons to dwelling units within the City of Maplewood or dwelling unit owners that are subject to or participating in the city-contracted garbage service. These prohibited mailings shall include those for advertising rates or services not available under the city’s contract for garbage collection services or any other services covered under the city contract for garbage service. No notices shall be sent to any residential dwelling in the City of Maplewood by licensees without prior written approval by the City of Maplewood. Sec. 30­68 ­ Suspension or Revocation  (a) Failure by a licensee under this article to comply with this ordinance shall be grounds for revocation of the license by the city council after a hearing for the purpose. (b) If the city finds a violation of this ordinance by a licensee under this article and the city orders correction of the violation which the licensee fails to make, the city may suspend the licensee’s right to operate under the terms of the license and order his appearance at the next regular meeting of the city council for a hearing on whether the suspension should continue in effect. (c) Continued willful or egregious violations of this ordinance by any licensed or unlicensed hauler of solid waste shall result in fines and/or liquidated damages as deemed reasonable by the city council. Sec. 30­69 ­ Volume­Based Rates  (Residential)  (a) The city’s contract hauler for residential garbage shall provide to its residential customers a system of volume-based rates. A volume-based rate includes a solid waste collection charge and a disposal charge based on the volume of the solid waste generated by the customer. (b) The city shall determine the increments upon which the volume-based rate will depend and the difference between the rates for each increment. Packet Page Number 224 of 347 15 Sections 30­70 – 30­75.  Reserved  Article VI – Disposal Sites (Generally)  Sec. 30­76 ­ Unlawful Deposit of Garbage and Other Substances  (a) No manure or pet feces, garbage, or other waste which may be detrimental to health, shall be deposited at any place within the city limits, except in accordance with Section 30-23 and Section 30-24, relating to composting and source separated compostable materials. (b) No unauthorized landfill (or dump) for garbage materials and other solid waste shall be operated within the city by any person Sections 30­77 – 30­105  Reserved ORDINANCE AMENDMENT EXECUTION:   SIGNATURES OF CITY OFFICERS  The city council approved the first reading of this ordinance on May 14, 2012. The city council approved the second reading of this ordinance on _________________, 2012 Signed: _______________________________ _______________________________ Will Rossbach, Mayor Date Attest: ________________________________ Karen Guilfoile, City Clerk Packet Page Number 225 of 347 City of Maplewood Solid Waste Management Standards * * As Authorized by the 2012 Amendments to the City Solid Waste Management Ordinance (Chapter 30) June 11, 2012 City of Maplewood Community Development Department 1830 County Road B East Maplewood, MN 55109 Attachment 2 Packet Page Number 226 of 347 June 11, 2012 Page 1 Contents Introduction .............................................................................................. 1  Section 1. Definitions ............................................................................. 2  Section 2. Residential Recycling Program ............................................ 5  Section 3. Multiple-Family Recycling Program ...................................... 6  Section 4. Residential Garbage Cart Standards .................................... 8  Section 5. Residential Garbage Cart Collection by Garbage Hauler and Storage of Carts .................................. 9  Section 6. Maintenance of Wheeled Residential Garbage Carts ........ 10  Section 7. Multiple-Family Solid Waste Standards .............................. 11  Section 8. Collection and Composting of Tree and Shrub Waste, Other Yard Waste, and Source Separated Compostable Materials ..................................... 12  Section 9. Bulky Waste, Large Appliances and Electronic Waste ...... 12  Section 10. Home Owner Associations ................................................. 13  Section 11. Commercial Solid Waste Standards ................................... 13  Section 12. Delinquent Accounts ........................................................... 15  Section 13. Resolution of Disputes ........................................................ 15  Section 14. Reserved for Standard on Household Hazardous Waste .... 16  Packet Page Number 227 of 347 June 11, 2012 Page 2 Appendix A - Permission for Another Person to Use Garbage Service ...................................................... 18  Attachment 1 to Appendix A - Permission for Another Person to Use Garbage Service .......................................... 20 Appendix B - Request for Every Other Week Garbage Removal ........... 21  Appendix C - Request for Temporary Exemption from City-Contractor Provided Garbage Removal ...................... 22  Appendix D Request for Walk up Service .............................................. 23  Appendix E Home Owners’ Association Request to Opt In ................... 24  Appendix F Recycling Reporting Form for Multiple-Family Dwellings That Do Not Use the City-Contracted Recycling Hauler ................................................................. 25  Packet Page Number 228 of 347 June 11, 2012 Page 1 Introduction The City of Maplewood has developed these standards as specific requirements for the storage, collection and transportation of residential solid waste. The goals of these standards are to:  Achieve a reduction in waste generated.  Encourage the separation and recovery of materials and energy from waste.  Ensure the protection of public health and safety and promote city cleanliness and livability.  Promote best management practices in solid waste management to protect air quality, water quality, and natural resources.  Be consistent with the requirements of the State statutes, State rules and Ramsey County ordinances, and with State and Ramsey County solid waste plans.  Provide high quality solid waste and recycling services in the most cost-effective manner possible.  Implement the city’s Solid Waste Management Ordinance (SWMO), Chapter 30 of the city’s code of ordinances through detailed instructions. To accomplish the above goals, it is important for the city to have specific and consistent instructions for residents to follow as part of the solid waste collection system. These standards do not replace or supersede city ordinances. The city manager’s authority for adopting or amending these standards comes from the city’s SWMO Chapter 30, sections 30-1 and 30-5(a). These standards address:  Eligible items to be included in the garbage;  Garbage cart set out instructions;  Resident’s garbage storage requirements;  Recycling programs;  Bulky waste, yard waste and other waste collection and disposal requirements;  Multiple-family and commercial solid waste collection and disposal requirements;  Payment of charges and delinquent fees;  Administrative fees; and  Other collection system details that are part of the city’s garbage collection system. Packet Page Number 229 of 347 June 11, 2012 Page 2 Section 1. Definitions All terms used within these standards shall have the same definition as per the SWMO Sec. 30-2. For convenience, frequently used terms are listed and defined below: Additional/overflow garbage means garbage in excess of the capacity of the city-provided garbage cart with the lid in the fully closed position. Appliances include washers, dryers, refrigerators, freezers, air conditioners, dehumidifiers, humidifiers, stoves, ranges, hot water heaters, water softeners and other, similar large household items that require electricity and/or special processing under Minnesota laws, but do not include “electronic waste.” Bulky waste means all large, bulky household materials which are too large for one person to pick up and/or do not fit within the city-provided garbage cart, and include (but are not limited to) carpeting and padding, mattresses, chairs, couches, tables, appliances and car parts including wheels, rims and tires. City-contracted garbage hauler is the company that the city contracts with in accordance with Minnesota Statutes, section 115A.94 to provide residential garbage collection and disposal services in the city. The city-contracted garbage hauler is the sole garbage hauler for residential properties in the city, and for other properties that the city has allowed to opt-in to the city-contracted garbage hauler service. City-contracted recyclables hauler means the hauler(s) contracted by the city to provide collection of designated recyclables in the city for single and multiple family residential properties in the city. City-provided garbage carts are the wheeled containers for residential garbage that are owned by the city and provided to garbage customers for their use; the containers are of various sizes and ownership is retained by the city. Collection means the aggregation and transportation of solid waste from the place at which it is generated and includes all activities up to the time when it is delivered to a designated disposal facility. Collection service is the process of collection and transportation of garbage, yard waste, recyclables, bulky waste or source-separated organic materials by a licensed hauler. Commercial property means properties in the city that are classified generally as commercial or business in the City zoning code which generates garbage and recyclables and are typically serviced by a dumpster form of garbage container. Composting has the meaning set forth in Minnesota Statutes, section 115A.03, and means the controlled microbial degradation of organic waste to yield a humus-like product. Contractor’s garbage bill is the Contractor’s bill for services, from either the city-contracted garbage hauler or a commercial hauler, which is directly submitted to customers. Construction debris means building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of buildings, roads or other facilities. Packet Page Number 230 of 347 June 11, 2012 Page 3 Day-certain collection is a city-approved plan for weekly collection services by an established day- certain schedule which requires garbage, yard waste, recyclables, and source-separated compostable materials collections on the same day of the week, and which is based on a five (5) day work week (Monday through Friday). Designated recyclables shall mean those materials designated as recyclables in the city recycling program in the Section 2.2 of these Standards. Dumpster has the commonly used meaning in the solid waste industry of a commercial garbage container made of metal or durable plastic with a lid that can be serviced by a front- end loading automated or rear-loading semi-automated garbage truck. Electronic waste (electronic items) has the meaning set forth in Minnesota Statutes, section 115A.1310, subdivision 7 as “covered electronic device” and includes items such as television and computer monitors, computers, computer peripheral devices, fax machines, DVD players, video cassette recorders, other video display devices, cell phones and other small appliances with an electric cord. Every other week collection garbage service means garbage collection on the same day of the week as day-certain service but on specified every other week dates. Residents must apply to the city to receive approval for this every other week service. Food waste means residential food waste and includes meal preparation and left over food scraps from households intentionally separated at the source by residents for the purpose of backyard composting or separate collection for centralized recovery. Garbage has the meaning set forth in Minnesota Statues, section 115A.03, subdivision 21, mixed municipal solid waste, and means solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural waste, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams. Household garbage means garbage from residential properties. Household hazardous waste has the meaning set forth in Minnesota Statutes, section 115A.96, subdivision 1, paragraph (b), and/or Minnesota Pollution Control Agency regulations and means waste generated from household activities that exhibits the characteristics of or that is listed as hazardous waste under agency rules, but does not include waste from commercial activities that is generated, stored, or present in a household and includes items such as paint, fluorescent light bulbs, mercury thermometers, cleaning fluids, herbicides, pesticides, fertilizers and other waste as defined in Minnesota statutes or regulations in that paragraph. Load sensitive streets are those streets identified by the Public Works Director of the City of Maplewood as being at risk of accelerated deterioration due to excessive or high axle weight loads. Manufactured home means a dwelling unit that is consistent with Section 44-6 of the Maplewood Zoning Code. Mixed municipal solid waste has the meaning set forth in Minnesota Statutes, section 115A.03, subdivision 21, and includes garbage, refuse and other solid waste from residential, Packet Page Number 231 of 347 June 11, 2012 Page 4 commercial, industrial, and community activities that the generator of the garbage aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, tree and agricultural waste and other materials collected, processed and disposed of a separate waste streams. Multiple-family dwelling or unit for purposes of this ordinance means a building or a portion thereof containing five (5) or more residential dwelling units. Recyclable materials (recyclables) means materials that are separated from mixed municipal solid waste for the purpose of recycling or including items such as paper, glass, plastics, metals, textiles, automobile oil, batteries, and other recyclable items as designated in the City of Maplewood Solid Waste Management Standards. Residential dwelling unit is a separate dwelling place with a kitchen in buildings with up to four (4) units per structure. Residential property means a property containing between one (1) and up to four (4) units per structure. Self–haul is the city-approved method for a resident to contain and transport garbage from their own household to a city-approved, environmentally secure facility in accordance with state law and county policies. Self-haul requires the specific approval of the city. Single-family dwelling unit means a building, including a manufactured home, containing up to four (4) residential units whose occupants and owner are required to participate in the city- contracted garbage service unless exempted by the city. Solid waste has the meaning set forth in Minnesota Statutes, section 116.06, subdivision 22(1)(9) but is further defined for purposes of this ordinance to include garbage, recyclables, appliances, bulky waste, yard waste, and household hazardous waste items. Source-separated compostable materials has the meaning set forth in Minnesota Statues, section 115A.03, subdivision 32(a) and means materials that: (1) are separated at the source by waste generators for the purpose of preparing them for use as compost; (2) are collected separately from mixed municipal solid waste; and (3) are comprised of food waste, fish and animal waste, plant materials, diapers, sanitary products, and paper that is not recyclable. Townhouse means a residence for one family that is attached either horizontally or vertically to at least two other residences as defined in Section 44-6 of the Maplewood Zoning Code, each with a private outside entrance. Vectors of disease are animals including, but not limited, to insects, mice, rats, squirrels, crows, flies and other vermin that are capable of carrying, transmitting and/or infecting humans with disease. Walk-up service means special garbage or recycling service that is provided from the side of the house or garage, for which the contractor walks the cart or recycling container to and from the side of the house or garage and the collection vehicle, and which is applied for on a case by case basis. Yard waste means garden waste, leaves, lawn cuttings, weeds, prunings, shrub and small tree Packet Page Number 232 of 347 June 11, 2012 Page 5 branches as defined by the City of Maplewood Solid Waste Standards, generated at residential or commercial properties. Section 2. Residential Recycling Program 2.1 All residents are required to separate and recycle all designated recyclable materials. If set out for curbside or alleyside collection, recyclable materials are to be placed in the appropriate container(s) for recycling, and are not to be placed in the city-provided garbage cart. 2.2 Recyclable materials included as part of the city’s single sort recycling system (consistent with the current City of Maplewood Residential Recycling Guide) include: Mixed paper: Newspapers (including inserts), magazines, phone books, office and school papers, junk mail, box board such as snack and cereal boxes, frozen food boxes, pop/beer/water boxes, pizza boxes, corrugated cardboard, shredded paper in sealed paper bags, egg cartons. Glass: Food and beverage containers including glass jars and bottles. Plastic: Food and beverage containers including rigid plastic containers with plastics recycling symbols #1, #2, #3, #4, #5, and #7 (but not #6 polystyrene), plastic toys, drained motor oil bottles, flower and shrub containers, landscape edging, laundry baskets, plastic buckets and pails and clear plastic take-out (clam shell) containers. Metal: Beverage, food and pet food containers including aluminum cans, tinned-steel cans, aerosol cans; and other household scrap metal such as pots, pans and silverware that will fit in the recycling bin. Milk cartons and juice boxes. Linens: Including clothes and shoes, placed in a sturdy, sealed plastic bag. Other materials: Items that from time to time are designated as recyclable by the city. 2.3 Recyclable materials are to be clean, and kept as dry as practicable between use by the resident and collection by the recycling contractor. The city-contracted recyclables hauler shall be responsible for the physical maintenance of the recycling containers, including repairs of damage to the containers, and replacement of destroyed containers. 2.4 The customer is responsible for the appropriate use and safety of the recycling containers, including both the interior and exterior of the containers. The customer shall rinse or wash the interior of the container as needed, and shall keep the containers free of markings or graffiti. 2.5 Recyclables may be placed at the curb or alley line for collection. Recyclables may be set out for collection no earlier than 5:00 p.m. on the day before the collection day. Recyclables collection will occur between 7 a.m. and 7 p.m. Recyclables containers must be removed to their storage location no later than 6 a.m. on the day after collection. 2.6 Residents that have physical challenges or other special needs may request “walk up” service. Walk up service will allow the customer to keep the recyclables at a back door or other Packet Page Number 233 of 347 June 11, 2012 Page 6 visible location for collection by the city contracted recyclables hauler. In the winter, a clear path from the street or alley must be shoveled for the “walk up” service to be made. Residents requesting this service must apply for it using the “Request for Walk Up Service” Appendix D of this document. Section 3. Multiple-Family Recycling Program 3.1 Each owner of a building containing five (5) or more dwelling units shall provide for recycling services for all units. 3.2 The owner of a multiple-family dwelling shall make recycling services available to the occupants of all dwelling units on the premise. The recyclables collection services shall be available on the premises. This collection service shall be for at least the designated recyclables collected in the city’s residential recycling program. The collection schedule and recycling containers’ capacity shall provide for regular removal of the recyclables such that there is adequate storage capacity available in the recyclables containers to prevent overflowing containers. The owner may use the city’s recycling contractor to provide the recycling collection services or they may independently contract with another licensed hauler and/or recycling contractor to provide the recycling collection services at the owner’s expense. 3.3 Recyclable materials shall include the same list as per the city’s residential recycling program (see Sec. 2.2 above) unless the city approves a variance in writing. 3.4 All recyclable materials placed by residents in the multiple-family recyclables collection containers must be collected at least bi-weekly and processed and marketed for recycling by a properly licensed recycling company, and all recyclables must be appropriately recycled as per Minnesota laws and regulations. 3.5 Adequate containers shall be provided and maintained by the owner or by the recyclables hauler, whichever provides the recycling collection service, for all recyclable materials. Containers shall be: (a) Sufficient in number and size to meet the demands for recycling services created by the occupants; (b) Equipped with self-closing lids such that residents may easily place recyclables in the containers but recyclables shall not be exposed to wind, rain and snow and human and animal scavengers are discouraged from accessing or removing recyclables; (c) Equipped with standardized labels identifying the type of recyclable material to be deposited in each container and colored differently from other containers for mixed garbage or trash; (d) Maintained in proper operating condition, reasonably clean and sanitary and free of markings or graffiti; (e) Repaired or replaced on a reasonable schedule if stolen or broken. 3.6 The owner of a multiple-family dwelling shall provide recycling educational information to the occupants of each dwelling unit on the property. The educational information shall notify Packet Page Number 234 of 347 June 11, 2012 Page 7 the occupants of the availability of collection services, describe the procedures required to prepare the designated recyclables for collection, and identify the dates and times of collection. If the owner elects to use the city’s recycling contractor, the city’s recycling contractor will supply the owner with the information needed to create this education program. The educational information must be provided to all residents at least once every six (6) months and to new residents within two (2) weeks of residence. The information will explain the reasons to recycle, recyclables to be separated from solid waste, the manner of separation and the location of the containers provided for recycling. The educational information may consist of fliers, posters, presentations or other effective means to enhance resident compliance with recycling requirements. 3.7 Container Location. Containers shall be stored on the premises in a location that is convenient for residents to place recyclables. Recycling containers shall be placed in a location on the premises that permits access for collection purposes but does not obstruct pedestrian or vehicular traffic. All such locations shall comply with the city’s zoning and other ordinances. 3.8 Transportation and Disposal. Upon collection by the city’s recycling contractor or the owner’s independent hauler, that person shall deliver the designated recyclables to a recyclable material processing center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a processing center or end market. No recyclable materials placed by residents in the multiple-family recyclables collection containers will be collected or disposed of as garbage. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility. The contractor or hauler shall transport all designated recyclables in a covered vehicle so the recyclables do not drop or blow onto any public street or private or public property during transport. 3.9 Scavenging Prohibited. It is unlawful for any person, other than the city’s recycling contractor or owner’s independent hauler, to collect, remove, or dispose of designated recyclables after the materials have been placed or deposited for collection in the recycling containers. The owner, owner’s employees, owner’s independent hauler’s employees, or city’s recycling contractor’s employees may not collect or “scavenge” through recycling in any manner. 3.10 Annual Report. Each owner or manager of a multiple-family dwelling that does not participate in the city’s contract recycling program shall file an annual report with the city by January 31 of each year. The report form shall be provided by the city (see Appendix F to this document) and shall contain, at a minimum, the following information: (a) Name of the owner and building manager and their contact information; (b) Address of the multiple-family dwelling; (c) Number of dwelling units; (d) Description of recycling collection services made available to occupants, including location of containers, frequency of collection and whether collection services are provided by the owner, the owner’s employees, or a licensed collector; (e) Copy of the educational information required in Section 3.6, above, with the frequency by which the information was distributed; Packet Page Number 235 of 347 June 11, 2012 Page 8 (f) Tonnage for each type of material recycled as provided by the owner’s independent recycling contractor; and (g) Name and address of the licensed hauler/recycler that provides collection services and where the recyclables were taken for processing. Section 4. Residential Garbage Cart Standards The City of Maplewood understands the importance of a clean, litter-free and livable community and wishes to provide for cost-efficient collection of garbage from residential properties. To achieve these goals the city has implemented the requirement that customers must contain their garbage in wheeled carts provided by the city. 4.1 Each residential household, unless exempted from service by the city in accordance with Maplewood Code of Ordinances Chapter 30, shall have a wheeled garbage cart(s) of sufficient size to contain all household garbage from one collection day until the next. (a) Garbage must be bagged in either paper or plastic bags of any size before placement in the wheeled garbage cart, so that spillage or blowing of garbage does not occur during the collection process. (b) Only household garbage, as defined in Section 30.2 of the Maplewood Code of Ordinances shall be placed in the wheeled garbage carts. Items prohibited from disposal with garbage in the carts include, but may not be limited to: designated recyclables, tree and shrub waste, other yard waste, construction and demolition debris, automotive parts or fluids, electronic waste, or household hazardous waste. (c) Exemptions from service by the city-contracted hauler shall only occur in accordance with Maplewood Code of Ordinances Chapter 30, and shall be at the sole discretion of the city. Examples of alternate disposal methods to qualify for exemption from service may include:  Written permission to dispose of garbage in a neighbor’s garbage cart (shared service); or  Use of a commercial dumpster owned or leased for use by a commercial property. (This commercial property may be owned or leased by the applicant, or the applicant may be an employee who has written permission from his/her employer to use the employer’s commercial dumpster.) The forms to request exemption from service is attached to this document as Appendix A. (d) The City of Maplewood shall have sole discretion to grant or not grant an exemption request in Section 4.1(c) above. The city shall arrange for regular verification of proper disposal of garbage and waste at the property for which the request for exemption from garbage service is made. Evidence of improper garbage or waste disposal shall be reason to immediately require service by the city-contracted garbage hauler. Packet Page Number 236 of 347 June 11, 2012 Page 9 4.2 The cart size and collection frequency shall be sufficient to store and contain all garbage normally generated between collections such that the cart lid fully closes and there are no extra bags of garbage next to the cart. (a) Sizes of carts available are 95 gallon, 65 gallon, 32 gallon and 20 gallon. All wheeled garbage carts are owned by the City of Maplewood. (b) If the garbage cart lid cannot be closed or there are overflow bags of garbage set out for collection that cannot be contained in the cart, a cart of larger size shall be required; or, a second cart shall be required if the cart in place is already the largest, 95 gallon cart. This requirement may be imposed by the city if a resident has overflow garbage for up to two (2) weeks (out of any consecutive five (5) weeks) where the cart lid cannot be closed or there are overflow bags set out for collection (c) A larger cart may be requested, or required, once per calendar year with no service charge for cart pickup and delivery. If a customer wishes to have a larger cart, they will request same from the city-contracted garbage hauler. The city-contracted garbage hauler shall bill the higher cart fee from the date it receives the request for the larger cart from the customer; there shall be no charge for additional bags from the time the larger cart request is received until the larger cart is delivered to the customer. If a larger cart is requested or required more than once per calendar year, the city-contracted garbage hauler may impose a service charge. The amount of this charge shall be established per the city contract and as approved by the city. (d) If overflow garbage is placed next to the wheeled garbage cart for collection, it shall be securely bagged such that animals and vermin may not access the contents of the bag. The city-contracted garbage hauler may charge an additional fee for collection of any extra bags of garbage. The amount of this fee shall be established per the city contract and as approved by the city. (e) The bill payer shall be responsible for payment of fees for garbage collection service and fees for collection of any extra bags to the city-contracted garbage hauler. (f) If a customer wishes to have a smaller cart, they will request same from the city- contracted garbage hauler. The city-contracted garbage hauler shall bill the lower cart fee from the date it receives the request for the smaller cart from the customer. There shall be no service charge for a customer to request, and receive, a smaller cart. Section 5. Residential Garbage Cart Collection by Garbage Hauler and Storage of Carts 5.1 Garbage collection by the city-contracted garbage hauler shall occur once per week, on days and in areas designated by the city. Slight schedule changes may be made, with sufficient advance notice by the city-contracted garbage hauler for major holidays, or for adverse weather conditions. 5.2 If every other week service is desired by the customer, such service may be applied for using the form, “Request for Every Other Week Garbage Removal” Appendix B of this document. Approval or denial of the request shall be at the sole discretion of the city. Packet Page Number 237 of 347 June 11, 2012 Page 10 5.3 If temporary discontinuation of service is desired by the customer due to vacancy of the property of over two months or more, such service discontinuation may be applied for using the form, “Request for Temporary Exemption from City-Contractor Provided Garbage Removal,” Appendix C of this document. The request shall be made to the city. Approval or denial of the request shall be at the sole discretion of the city. Discontinuation of service for a temporary vacancy due to an extended vacation shall be arranged between the customer and the city-contracted hauler. 5.4 The city shall arrange for regular verification of proper disposal of garbage and waste at the property for which the request for exemption from garbage service is made as per Sections 5.2 and 5.3 above. Evidence of improper garbage or waste disposal shall be reason to immediately require weekly removal of garbage. 5.5 Unless separate provisions are made between the city-contracted garbage hauler and the customer (for example, see Sec. 5.8 below), all collection of garbage shall occur at the street line or alley line, as specified by the city-contracted garbage hauler. 5.6 Wheeled garbage carts may be set out for collection no earlier than 5:00 p.m. on the day before the collection day. 5.7 Wheeled carts shall be placed for collection at the alley or curb line, at least five feet either side of parked cars, and at least three feet from recycling containers, with the opening facing the street or alley. Carts that are not placed in this manner may not be collected by the city- contracted garbage hauler. 5.8 Residents that have physical challenges or other special needs may request “walk up” service. Walk up service will allow the customer to keep the cart at the garage, back door or other visible location for collection by the city-contracted garbage hauler. In the winter, a clear path from the street or alley must be shoveled for the “walk up” service to be made. Residents requesting this service must apply for it using the “Request for Walk Up Service” Appendix D of this document. 5.9 Regular verification of proper disposal of garbage and waste will be made at the property for which the Request for Walk Up Service location is made as per Section 5.8 above. Evidence of improper garbage or waste storage, collection or disposal shall be reason to immediately require standard curbside garbage cart set-out procedures. 5.10 Wheeled garbage carts must be returned to their storage location no later than 6:00 a.m. on the day after the collection day. 5.11 Wheeled garbage carts shall be located behind the front line of the dwelling, in the garage or screened from view from the street, and at least ten feet from any abutting dwelling or sufficiently distant so as not to be a nuisance to those properties, unless other provisions are allowed by the city due to special site conditions. Section 6. Maintenance of Wheeled Residential Garbage Carts 6.1 The city shall own the wheeled garbage carts; residents are granted exclusive use of the carts at their address only. Carts shall not be removed from the assigned premises. If a resident moves, the cart shall remain at the assigned premises. Packet Page Number 238 of 347 June 11, 2012 Page 11 6.2 The city-contracted garbage hauler shall be responsible for the physical maintenance of the wheeled garbage carts, including repairs of damage to the carts, and replacement of destroyed carts. 6.3 The customer is responsible for the appropriate use and safety of the wheeled garbage carts and shall be accountable for willful damage or destruction of the wheeled garbage cart. 6.4 If a wheeled garbage cart requires physical maintenance, including replacement of wheels, lid, or repairs of other wearing or damage, the customer shall call the city-contracted garbage hauler to request such service. The city-contracted garbage hauler shall promptly perform such maintenance. 6.5 Customers shall keep the inside and the outside of wheeled garbage carts clean. There shall be no markings, such as graffiti or stickers, on the outside of the carts that are not placed there by the City of Maplewood or by the city-contracted garbage hauler. Any markings that appear on the outside of the cart that are not placed there by the city-contracted garbage hauler or the City of Maplewood shall be promptly removed by the customer. Customers shall routinely wash or rinse out the interior of the wheeled garbage cart so that offensive odors are not detected outside of the empty wheeled garbage cart. 6.6 If a wheeled garbage cart is found by the City of Maplewood to have been willfully damaged or destroyed, the customer shall be responsible for payment to replace the wheeled garbage cart. The City of Maplewood shall have sole determination of willful damage or destruction of a wheeled garbage cart. Section 7. Multiple-Family Solid Waste Standards 7.1 Each property must provide for the separation of recyclables, yard waste, bulky waste, and other items designated in these standards from garbage, and shall insure the appropriate processing or disposal of all solid waste in accordance with Minnesota statutes and county policies. 7.2 Each property having more than five (5) residential units shall have weekly garbage dumpster or equivalent service, provided by a commercial-type hauler licensed by the city (a) The dumpsters shall be of a minimum capacity of one cubic yard, covered, and of an approved sanitary type with the proper attachments for lifting onto garbage trucks. The dumpsters shall be water-tight and rodent and vermin-proof. (b) Garbage shall be removed more often than weekly if dumpsters become full. Garbage shall be transported and disposed of in accordance with state laws and rules and county policies regarding licensed disposal and processing. (c) Multiple-family properties that use a cart-style service may opt into the city- contracted garbage service. Packet Page Number 239 of 347 June 11, 2012 Page 12 Section 8. Collection and Composting of Tree and Shrub Waste, Other Yard Waste, and Source Separated Compostable Materials 8.1 Yard waste shall be properly disposed of by: (a) Backyard composting or in-place mulching (as by “mulching mowers”). (b) Collected by the city-contracted garbage hauler separate from the garbage and for an additional fee. (c) Collected by an independent lawn service separate from the city-contracted garbage hauler. (d) Taken by the resident or property owner to an approved county or private yard waste drop-off or transfer facility. (e) Including yard waste in a source-separated organics collection program, if available. 8.2 Home lawn, garden waste, and kitchen food scraps may be composted in small quantities on a residential lot as long as the compost pile does not create a nuisance for neighbors due to objectionable odor, vectors of disease or unsightliness. (a) Backyard composting must be done in a structure that prohibits the entry or nesting of rodents and vermin. Composting of meats or fats that attract rodents and vermin is prohibited in backyard composting. (b) Compost structures must be placed at least five feet from rear- and side-yard property lines and shall not be placed in a front yard. Compost structures shall be properly maintained and shall not be unsightly. (c) Residents must follow composting operation guidelines as published by the University of Minnesota Extension Service or other reputable gardening experts. 8.3 Yard waste not collected by the city-contracted garbage hauler or not composted by the resident, or tree limbs, stumps and roots greater than six (6) inches in diameter must be transported to a properly permitted and licensed yard waste transfer or composting facility. Exceptions to this requirement are allowed if a tree service provides for on-site chipping to produce a suitable mulch product. Such on-site chipping and mulch depositing must be prior approved by the resident or property owner. 8.4 Reserved for Source Separated Organics program. 8.5 Reserved for standards relating to separation and collection of source separated organic waste at multiple-family dwelling properties. Section 9. Bulky Waste, Large Appliances and Electronic Waste 9.1 All bulky waste, large appliances, electronic waste and similar items not included in the garbage or recycling programs shall be properly disposed of. No such items may be disposed Packet Page Number 240 of 347 June 11, 2012 Page 13 of in streams, ponds, waterways or roadside ditches or on vacant or public land, or on property whether owned or not owned by the waste generator. 9.2 Upon customer request, all licensed city-contracted garbage haulers must collect and properly dispose of appliances or bulky waste within two (2) business days of a customer’s request. An additional fee may be charged by the hauler for this service; the fee, if any, for such service is the responsibility of the generator of the appliances or bulky waste if known, or the property owner on whose property the item is on, and must be paid in full. 9.3 Electronic waste must be properly disposed of, either through special arrangements with the city-contracted garbage hauler, hauling of electronic waste by the resident to a legitimate electronic waste drop off facility, take back service at a retailer, or other approved disposal method. An additional fee may be charged by the hauler for this service; the fee, if any, for such service is the responsibility of the generator of the electronic waste or the property owner on whose property the item is on and must be paid in full. 9.4 Each owner of a building containing more than five (5) dwelling units shall provide for bulky waste services for all units. (a) Adequate provision on the property must be made by the owner for the convenient and proper disposal of bulky materials by residents. Bulky materials placed by residents for disposal shall be collected by a licensed hauler at least weekly. (b) Provision must be made by the owner for differential processing and disposal of the types of bulky waste generated by residents, including burnable bulky waste, recyclable bulky waste (appliances) and electronic waste. 9.5 Each owner of a building containing more than five (5) dwelling units shall prohibit the disposal of household hazardous waste, or other prohibited waste in garbage or recycling containers, and shall provide educational information to all residents in the building on the proper transportation and disposal of household hazardous waste. Section 10. Home Owner Associations 10.1 Home owner associations that utilize garbage carts and that have existing garbage collection contracts that meet the minimum requirements of these standards are not required to have city-contracted garbage collection services. 10.2 Home owner associations may apply to the city to opt in to the city-contracted garbage collection service by submitting the application form attached as Appendix F to this document. 10.3 Home owner associations that have city-contracted garbage services must continue to have city-contracted garbage services. Section 11. Commercial Solid Waste Standards (This section is presented to facilitate the conceptual discussion of solid waste management standards for commercial properties. If standards for commercial properties are desired, appropriate language must be added to the Ordinance.) Packet Page Number 241 of 347 June 11, 2012 Page 14 11.1 Each business or commercial property must provide for the separation of designated recyclables, bulky waste and other items designated in these standards from garbage, and shall insure the appropriate processing or disposal of all solid waste in accordance with Minnesota statutes, Minnesota Pollution Control Agency regulations and county policies. 11.2 Each business or commercial property shall have weekly garbage dumpster or equivalent service, provided by a commercial hauler licensed by the city. (a) The dumpsters shall be of a minimum capacity of one cubic yard, covered, and of an approved sanitary type with the proper attachments for lifting onto garbage trucks. The dumpsters shall be water-tight and rat and vermin-proof. If garbage carts are used, there shall be adequate capacity in size and/or number of carts to contain all waste generated between collections. (b) Garbage shall be removed at least once weekly, and more often if garbage carts or dumpsters become full. Garbage shall be transported and disposed of in accordance with state laws and rules and county policies regarding licensed disposal and processing. 11.3 Each business or commercial property shall provide for recycling services for all units. (a) Adequate containers shall be provided by the owner or by the recyclables hauler for all recyclable materials. Containers shall be stored on the premises in a location that is convenient for building tenants to place recyclables and for haulers to collect recyclables. The containers for recycling will be covered and secured so that building tenants may easily place recyclables in the containers. Recyclables shall not be exposed to wind, rain and snow. The recycling container lids should also discourage human and animal scavengers from accessing or removing recyclables. (b) Recyclable materials shall include the same list as the city’s residential recycling program (see Sec. 2.2 above) unless the city approves a variance in writing, in addition to any business-specific recyclables for which a market is available (e.g., metal turnings, printing rolls or end runs, or other types of commercial or industrial scrap commodities). (c) All recyclable materials placed by building tenants in the commercial recyclables collection containers should be collected at least bi-weekly and processed and marketed for recycling by a properly licensed recycling company, and all recyclables must be appropriately recycled as per Minnesota laws and regulations. No recyclable materials placed by building tenants in the recyclables collection containers will be collected or disposed of as garbage. (d) Recycling education information should be provided to all building tenants that explains the reasons to recycle, recyclables to be separated from solid waste, the manner of separation and the location of the containers provided for recycling. If English is not the language spoken by specific tenants, education shall be provided to them in a language and/or format that is understandable by them. The education information may Packet Page Number 242 of 347 June 11, 2012 Page 15 consist of fliers, posters, presentations or other methods as appropriate. The education program may be conducted by the owner or by the recyclables hauler. 11.4 Reserved for standards relating to separation and collection of yard waste at commercial properties. 11.5 Reserved for standards relating to separation and collection of organic waste at commercial properties. Section 12. Delinquent Accounts 12.1 The city contracted garbage hauler is responsible for collection of all fees associated with the collection and processing of garbage from residential properties. The city-contracted hauler shall make good-faith efforts to collect all amounts due, including use of a collection agency. All such efforts shall be documented. 12.2 The St. Paul Water Authority and adjacent cities, as applicable, are responsible for the collection of all fees associated with the City of Maplewood recycling program. The St. Paul Water Authority or the appropriate cities shall make good-faith efforts to collect all amounts due, including use of a collection agency. 12.3 Delinquent accounts shall be defined as those residents who have not paid and are over three (3) months past due. 12.4 If the amount continues to be delinquent past the three (3) months from the account being declared “past due” by the above entity, the City of Maplewood shall declare the amount delinquent. The entity shall submit a written request to the City of Maplewood with adequate documentation of the efforts made to collect the past due amounts. If the city determines that a good faith effort was made and that adequate documentation was submitted, the city shall place the amount on the property taxes associated with the property for which the amount is due. The city shall follow all practices required by the state and city ordinance to assess the delinquent amount to the property. Section 13. Resolution of Disputes 13.1 If there is a dispute between the customer and a hauler regarding extra service charges or required cart size, such disputes shall be forwarded by the customer to the City of Maplewood. 13.2 The dispute shall be in writing, and shall contain the following information: (a) Date of the dispute; (b) Nature of the dispute (cart size, charges for extra garbage, missed service, etc.); (c) Any and all evidence related to the dispute (photographs, neighbor’s statements, etc.); and (d) Requested resolution of the dispute. The dispute shall be mailed or delivered to: Packet Page Number 243 of 347 June 11, 2012 Page 16 City of Maplewood City Manager 1830 County Road B East Maplewood, MN 55109 13.3 The City of Maplewood shall make a determination regarding the dispute, and notify the customer and the city-designated hauler of the determination. The determination of the city shall be final, unless the customer desires to seek further remedy in District Court. Section 14. Reserved for Standard on Household Hazardous Waste Packet Page Number 244 of 347 June 11, 2012 Page 17 APPLICATION AND REPORTING FORMS    Packet Page Number 245 of 347 June 11, 2012 Page 18 Appendix A REQUEST FOR EXEMPTION FROM THE MAPLEWOOD TRASH PLAN (PERMANENT OPT OUT FORM) COMMUNITY DEVELOPMENT 1830 County Road B East Maplewood, MN 55109 Phone (651) 249-2300 Fax (651) 249-2319 Date Received: Receipt No. Approved: Denied: ___________________ ___________________ ___________________ ___________________ For Office Use Only Request for Exemption from the Maplewood Trash Plan ($35.00 one-time application fee required. Fee covers administrative costs involved with verifying that property owners have an environmentally responsible method of disposing of their garbage. Checks can be made out to the City of Maplewood.) Exemptions from service by the city-contracted hauler (Maplewood Trash Plan) shall only occur in accordance with the Maplewood Solid Waste Management Ordinance, Chapter 30. The ordinance states that the city has sole discretion in allowing an exemption if it is verified that a property owner has an environmentally responsible method of disposing of their garbage. Examples include:  Written permission to dispose of garbage in a neighbor’s or family member’s garbage cart (shared service).  Use of a commercial dumpster owned or leased for use by a commercial property. (This commercial property may be owned or leased by the applicant, or the applicant may be an employee who has written permission from his/her employer to use the employer’s commercial dumpster.)  Self hauling garbage to a state permitted solid waste facility. Note: Alternate service providers from the city-contracted garbage hauler will not be approved for residential service. Address of property for which exemption is requested: __________________________________________________________________________________________ __________________________________________________________________________________________ Name of person requesting exemption: __________________________________________________________ Telephone Number: _____________________________ Email: _____________________________________ Name of property owner (if different than person requesting exemption): __________________________________________________________________________________________ Address of property owner (if different than address for which exception is requested): __________________________________________________________________________________________ __________________________________________________________________________________________ Reason for exemption request: 1. ☐ Shared garbage service: Name and address of shared service:______________________________________________________ ___________________________________________________________________________________ (An original signed permission from the person providing the shared service is required using Attachment 1 - Permission for Another Person to Use Garbage Service.) Packet Page Number 246 of 347 June 11, 2012 Page 19 2. ☐ Garbage will be self-hauled: a. ☐ Haul to a transfer station or processing facility. Name of transfer station or processing facility: ______________________________________ Address: ____________________________________________________________________ ____________________________________________________________________________ Telephone Number: _________________________ Email:____________________________ State solid waste permit number_________________________________________________________ (Include a receipt from recent self haul to a transfer station or processing facility.) b. ☐ Haul to a business you own or work that has licensed garbage hauling. Name of business: _____________________________________________________________________________ Address:______________________________________________________________________ _____________________________________________________________________________ The owner of the business to which garbage will be hauled: _____________________________________________________________________________ (If the facility is not a business owned or operated by the requester, original signed permission from the person owning or operating the facility is required using Attachment 1 - Permission for Another Person to Use Garbage Service.) Name of garbage hauler/contractor that provides garbage service to the facility to which garbage will be hauled: _____________________________________________________________________________ Signature:_____________________________________________Date:________________________________ The City of Maplewood shall have sole discretion to grant or not grant this request. Regular verification of proper disposal of garbage and waste will be made at the property for which the request for special service location is made. Evidence of improper garbage or waste storage, collection or disposal shall be reason to immediately require standard garbage set-out procedures. Packet Page Number 247 of 347 June 11, 2012 Page 20 Attachment 1 of Appendix A Permission for Another Person to Use Garbage Service COMMUNITY DEVELOPMENT 1830 County Road B East Maplewood, MN 55109 Phone (651) 249-2300 Fax (651) 249-2319 Date Received: Receipt No. Approved: Denied: ___________________ ___________________ ___________________ ___________________ Permission for Another Person to Use Garbage Service Attachment 1 to Request for Exemption from the Maplewood Trash Plan Name of person bringing garbage to your location: _________________________________________________________ Address of property which is bringing garbage to your location: ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Your name, business name: ____________________________________________________________________________ Your residential home or business address where garbage is disposed: ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Name of garbage hauler/contractor that provides garbage service to the residential home or business where garbage will be hauled (if not a transfer station or processing facility): _______________________________________________________ Certification: I, ______________________________________ (name), owner of _________________________________ (name of business or property address) will allow __________________________________________ (name of person bringing garbage) to use the garbage services provided at my premise. I acknowledge that any requirements for additional or enhanced solid waste services that are needed as a result of this permission (larger container, more frequent service) will be provided by me. Signature:_________________________________________________________ Date:_______________________ The City of Maplewood shall have sole discretion to grant or not grant this request. Regular verification of proper disposal of garbage and waste will be made at the property for which the request for special service location is made. Evidence of improper garbage or waste storage, collection or disposal shall be reason to immediately require standard garbage set-out procedures. Packet Page Number 248 of 347 June 11, 2012 Page 21 Appendix B Request for Every Other Week Garbage Removal (Exemption from Weekly Removal) COMMUNITY DEVELOPMENT 1830 County Road B East Maplewood, MN 55109 Phone (651) 249-2300 Fax (651) 249-2319 Date Received: Approved: Denied: ___________________ ___________________ ___________________ For Office Use Only Maplewood Trash Plan Request for Every Other Week Garbage Removal (20 Gallon Garbage Cart Only) Every other week garbage removal: collection of garbage by the city-contracted garbage hauler on the same day of the week as day- certain service, but on specified every other week dates. Residents must apply to the city to receive approval for this every other week service for the 20 gallon garbage cart only. Cost for this service level is $6.83 per month (includes garbage collection and all taxes and fees). Address of property for which every other week garbage removal is requested: ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Name of person requesting every other week garbage removal: ________________________________________________ Telephone number: _________________________________ Email: __________________________________________ Name of property owner: ______________________________________________________________________________ Address of property owner (if different than address for which exception is requested): ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Current garbage service level: Cart size: ☐ 20 gallon ☐ 32 gallon ☐ 65 gallon ☐ 95 gallon ☐ other __________________________________ How long have you had this service level? _________________________________________________________ Do you have overflow bags of garbage more than once every six months? ☐Yes ☐No Reason for every other week garbage removal request: ☐ intermittent occupancy ☐ extremely small generation of garbage Approximate amount of garbage generated per week (# 13 gallon [kitchen] bags) __________________________________ Number of occupants of the property: ___________________________________________________________________ Signature:________________________________________________________ Date:______________________________ The City of Maplewood shall have sole discretion to grant or not grant this request. Regular verification of proper disposal of garbage and waste will be made at the property for which the request for every other week service is made. Evidence of improper garbage or waste storage, collection or disposal shall be reason to immediately require every week garbage pickup. Packet Page Number 249 of 347 June 11, 2012 Page 22 Appendix C Request for Temporary Exemption from City-Contractor Provided Garbage Removal  COMMUNITY DEVELOPMENT 1830 County Road B East Maplewood, MN 55109 Phone (651) 249-2300 Fax (651) 249-2319 Date Received: Approved: Denied: ___________________ ___________________ ___________________ For Office Use Only Maplewood Trash Plan Request for Temporary Exemption (Temporarily Opt Out) Temporary Exemption: If temporary discontinuation of garbage service is desired by the customer due to a vacant property, such service discontinuation may be applied for by using this form. Discontinuation of service for short or long-term vacations shall be arranged between the customer and the city-contracted hauler. Address of property for which temporary exemption is requested: __________________________________________________________________________________________ __________________________________________________________________________________________ Name of person requesting exemption: __________________________________________________________ Telephone number: ___________________________ Email: ______________________________________ Name of property owner (if different than person requesting exemption): _______________________________ Address of Property Owner (if different than address for which exception is requested): __________________________________________________________________________________________ __________________________________________________________________________________________ Reason for temporary exemption request: 1. ☐ Temporary due to extended vacancy of property (must be a minimum of two months). Dates of vacancy: ____________________________________________________________________ Reason for vacancy: __________________________________________________________________ 2. ☐ Permanent vacancy of property (e.g. before demolition) Date of demolition: ___________________________________________________________________ Estimated date of new property: _________________________________________________________ Signature:__________________________________________________ Date:____________________ The City of Maplewood shall have sole discretion to grant or not grant this request. Regular verification of proper disposal of garbage and waste will be made at the property for which the request for temporary exemption from garbage service is made. Evidence of improper garbage or waste disposal shall be reason to immediately require weekly removal of garbage. Packet Page Number 250 of 347 June 11, 2012 Page 23 Appendix D Request for Walk up Service COMMUNITY DEVELOPMENT 1830 County Road B East Maplewood, MN 55109 Phone (651) 249-2300 Fax (651) 249-2319 Date Received: Approved: Denied: ___________________ ___________________ ___________________ For Office Use Only Maplewood Trash Plan Request for Walk Up Service Walk up Service: Residents that have physical challenges or other special needs may request Walk up Service. Walk up Service will allow the customer to keep the garbage cart near the garage on collection days for “walk up” collection by the city-contracted garbage hauler. In the winter, a clear path from the street or alley must be shoveled for the walk up service to be made. Address of property for which Walk up Service location is requested: __________________________________________________________________________________________ __________________________________________________________________________________________ Name of person requesting Walk Up Service: _____________________________________________________ Phone number: ____________________________________ Email: _______________________________ Name of property owner: _____________________________________________________________________ Address of property owner (if different than address for which Walk up Service is requested: __________________________________________________________________________________________ __________________________________________________________________________________________ Current garbage service level: Cart size: ☐20 gallon ☐35 gallon ☐65 gallon ☐95 gallon ☐other________________________ Reason for Walk up Service request: __________________________________________________________________________________________ Signature:_________________________________________________ Date:___________________ The City of Maplewood shall have sole discretion to grant or not grant this request. Regular verification of proper disposal of garbage and waste will be made at the property for which the request for special service location is made. Evidence of improper garbage or waste storage, collection or disposal shall be reason to immediately require standard garbage set-out procedures. Packet Page Number 251 of 347 June 11, 2012 Page 24 Appendix E Home Owners’ Association Request to Opt In COMMUNITY DEVELOPMENT 1830 County Road B East Maplewood, MN 55109 Phone (651) 249-2300 Fax (651) 249-2319 Date Received: Receipt No. Approved: Denied: ___________________ ___________________ ___________________ ___________________ For Office Use Only Homeowner’s Association Request to Opt-In to the Maplewood Trash Plan All single family residential homes (one to four units) are included in the Maplewood Trash Plan. Townhomes and manufactured homes with an existing garbage hauling contract are exempt, but may opt into the Maplewood Trash Plan at any time. Following are the requirements for opting into the plan:  Once a townhome or manufactured home opts into the Maplewood Trash Plan, the association must continue to have city-contracted garbage services (cannot opt out).  Associations may choose one garbage cart size for all residents within the association, or allow each resident to choose a size individually.  The city-contracted garbage hauler will bill the association for the garbage service, unless other arrangements are made by the association and the city-contracted garbage hauler.  Size and cost per garbage cart and service level (prices listed are per household, per month and include taxes and fees):  20 gallon cart (holds approximately two 13 gallon garbage bags) - $9.31  32 gallon cart (holds approximately three 13 gallon garbage bags) - $10.63  65 gallon cart (holds approximately five 13 gallon garbage bags) - $11.93  95 gallon cart (holds approximately eight 13 gallon garbage bags) - $13.39 Name of homeowner’s association: _____________________________________________________________ Current garbage service level at most residences: ☐35 gallon wheeled cart ☐65 gallon wheeled cart ☐95 gallon wheeled cart ☐Group (shared) dumpsters Billing Address of Association: _______________________________________________________________ Name of Person Requesting Service: __________________________________ Title:_____________________ Telephone number: ________________________ E-mail: _____________________________________ Addresses of properties in association (use separate sheet of paper if necessary): Address Cart Size Address Cart Size Signature:_____________________________________________Date:________________________________ The City of Maplewood shall have sole discretion to grant or not grant this request. Regular verification of proper disposal of garbage and waste will be made at the property for which the request for special service location is made. Packet Page Number 252 of 347 June 11, 2012 Page 25 Appendix F Recycling Reporting Form for Multiple-Family Dwellings That Do Not Use the City-Contracted Recycling Hauler Address of Property: ____________________________________________________________________________ ____________________________________________________________________________ Billing address of Property: ____________________________________________________________________________ ____________________________________________________________________________ Name of Person submitting report: ________________________________ Title:_________________ Phone number: _____________________ Alternate phone number: _________________________ E-mail: __________________________________ Current Recycling Service Provided: Number of dumpsters or carts for containers (cans, bottles) ___________ Size of container dumpsters or carts ___________ (2 yd., 6 yd., 8 yd., etc.) Number of dumpsters or carts for paper and fiber _____________ Size of Dumpsters ___________ (2 yd., 6 yd., 8 yd., etc.) Size of Carts Name of Recycling Hauler: __________________________________ Address of Recycling Hauler: ____________________________________________________________________________ ____________________________________________________________________________ Phone Number of Recycling Hauler: ____________________________ Name of facility where recyclables are taken: _____________________________________________ Number of times in previous year that each type of container was emptied. Packet Page Number 253 of 347 June 11, 2012 Page 26 Dumpsters for containers:____________ (e.g. 12 if once/month, 24 if twice/month) Weight of recyclable containers: ____________ (e.g. 1269 pounds) Dumpsters for paper and fiber: ____________ Weight of recyclable paper and fiber: ____________ Please attach one copy of each of the educational materials distributed to your residents. Dates these materials were distributed: _____________________, ________________, _____________, ______________, _________________, _______________ Number of people materials were distributed to: __________     Packet Page Number 254 of 347 Agenda Item H2 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager SUBJECT: Ordinance Amendment Regarding Variances for Metal Storage Buildings, Section 12-5 (d) DATE: May 3, 2012 INTRODUCTION On May 6, 2011, the revised variance legislation took effect, which gives municipalities the authority and guidelines for granting variances from the provisions of the city ordinance. Staff will be presenting various ordinance amendments to the planning commission and city council where the city’s ordinance language references the former variance findings. Request Amendment of the Metal Storage Building Ordinance as it relates to the granting of variances. BACKGROUND Previous Variance Criteria from State Statute The City Council was required to make the following findings to approve a variance: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. “Undue hardship”, as used in granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Revised Variance Criteria from State Statute The new provisions of state law require that variances shall only be permitted when they are found to be: (1) In harmony with the general purposes and intent of the official control; Packet Page Number 255 of 347 2 (2) Consistent with the comprehensive plan; (3) When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. DISCUSSION The variance criteria in the Metal Storage Building Ordinance lists the old statutory findings for approving a variance. The city council should revise this with the new variance findings. COMMISSION ACTION May 1, 2012: The planning commission recommended approval of this code amendment. BUDGET IMPACT None. RECOMMENDATION Adopt the resolution amending Section 12-5 (d) as it relates to granting variances to the Metal Storage Building Ordinance. p:\ ORD\Variance\ Variances Metal Storage Building Ordinance Amendment of Section 12-5 CC Report 5 12 te Attachments: Ordinance Amendment to Section 12-5 Packet Page Number 256 of 347 3 Attachment 1 ORDINANCE NO. ___ AN ORDINANCE AMENDMENT CONCERNING VARIANCES TO THE METAL STORAGE BUILDING ORDINANCE The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. Section 12-5 (d) of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 12-5. Metal Storage Buildings. (d) The city council may hear requests for variances from the literal provisions of this section when the strict enforcement of this section would cause undue hardship because of circumstances unique to the individual property under consideration and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the section. The term “undue hardship,” as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls, and the plight of the landowner is due to circumstances unique to his property, not created by the landowner, and variance from this section, if granted, will not alter the essential character of the locality. (d) The city council may grant variances to the requirements of this section. All variances must follow the requirements provided in Minnesota State Statutes. Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on ___________. _________________ Mayor Attest: ______________________ City Clerk Packet Page Number 257 of 347 Agenda Item H3 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager SUBJECT: Ordinance Amendment Regarding Variances for Commercial Use Antennas and Towers, Section 44-1334 DATE: May 3, 2012 INTRODUCTION On May 6, 2011, the revised variance legislation took effect, which gives municipalities the authority and guidelines for granting variances from the provisions of the city ordinance. Staff will be presenting various ordinance amendments to the planning commission and city council where the city’s ordinance language references the former variance findings. Request Amendment of the Commercial Use Antennas and Towers Ordinance as it relates to the granting of variances. BACKGROUND Previous Variance Criteria from State Statute The City Council was required to make the following findings to approve a variance: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. “Undue hardship”, as used in granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Revised Variance Criteria from State Statute The new provisions of state law require that variances shall only be permitted when they are found to be: (1) In harmony with the general purposes and intent of the official control; Packet Page Number 258 of 347 2 (2) Consistent with the comprehensive plan; (3) When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. DISCUSSION The variance criteria in the Commercial Use Antennas and Towers Ordinance gives the findings the city council must make to approve variances from this ordinance. The existing wording bases variance approval on the old statutory findings for variance approval. The city council should revise this wording with the new variance findings. The only existing finding for approval that is different from the former statutory findings is #5 which requires that, “the proposed variance is the minimum variance that will afford relief from the standards of this code.” This requirement is “a given,” so to speak. When considering any variance, the city would wish to consider only the minimal amount of variance needed for a given situation. Staff recommends deleting that provision, however, it does no harm if it were to remain as a finding for approval. COMMISSION ACTIONS May 1, 2012: The planning commission recommended approval to the proposed ordinance amendment. BUDGET IMPACT None. RECOMMENDATION Adopt the resolution amending Section 44-1334 as it relates to granting variances to the Commercial Use Antennas and Towers Ordinance. p:\ ORD\Variance\ Variances Tower Ordinance Amendment of Section 44-1334 CC Report 5 12 te Attachment: Ordinance Amendment to Section 44-1334 Packet Page Number 259 of 347 3 Attachment 1 ORDINANCE NO. ___ AN ORDINANCE AMENDMENT CONCERNING VARIANCES TO THE COMMERCIAL USE ANTENNAS AND TOWERS ORDINANCE The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. Section 44-1334 of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 44-1334. Variances. (a) The city council may grant variances to the requirements of this article. All variances must follow the requirements provided in Minnesota State Statutes. Minn. Stats.ch 462. For variances regarding antennas and towers, the applicant must show the city the following: (1) There are unique circumstances or characteristics peculiar to the property and this article would inflict undue hardship on the property owner or applicant. (2) The property cannot be developed or put to a reasonable use by strictly conforming with this code. (3) The applicant or property owner did not create or cause the hardship. (4) The proposed variance will not alter the essential character of the area or the zoning district. (5) The proposed variance is the minimum variance that will afford relief from the standards of this code. (6) The variance would be in keeping with the spirit and intent of this article. (b) The applicant for a variance for an antenna or tower-related matter shall submit, with the variance application and any other required materials, a statement showing how the proposal would meet the findings for variance approval. the findings in subsection (a) of this section. Packet Page Number 260 of 347 4 Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on ___________. _________________ Mayor Attest: ______________________ City Clerk Packet Page Number 261 of 347 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 262 of 347 AGENDA REPORT TO: James Antonen, City Manager FROM: Steven Love, Assistant City Engineer Jon Jarosch, Civil Engineer I SUBJECT: Bartelmy-Meyer Area Street Improvements, Project 11-14, Resolution Adopting Revised Assessment Roll DATE: May 21, 2012 INTRODUCTION On May 14, 2012 the Bartelmy-Meyer Area Street Improvements, City Project 11-14 assessment hearing was held and objections were received. Recommendations for action on each of the objections are provided for Council approval in considering adopting the final roll. BACKGROUND / DISCUSSION The proposed assessments for the Bartelmy-Meyer Area Street Improvements were submitted to the City Council for adoption at the May 14, 2012 meeting. Residents were provided with the required advanced notice of assessment hearing. Residents were required to file a written notice if they objected to the assessment amount. Ten (10) property owners provided written objections as follows: Objections: 1. Parcel 25-29-22-43-0002 – Union Cemetery Association; 0 Minnehaha Avenue East It is currently proposed that the property be assessed for 359.78 feet of frontage. The owner is objecting to the assessment on the basis that the Union Cemetery Association is a 501 (c)(13) exempt organization and therefore cannot be assessed pursuant to Minn. Stat. 306.14. 2. Parcel 25-29-22-31-0023 – Deena J. Drewes; 882 Bartelmy Lane It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship. 3. Parcel 25-29-22-34-0018 – Dale Dombrock; 784 Mary Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a senior citizen deferral. 4. Parcel 25-29-22-31-0031 – Gethsemane Lutheran Church; 2410 Stillwater Road It is currently proposed that the property be assessed for 234.37 feet of frontage. The owner is objecting to the assessment on the basis that the assessment is inconsistent with the lease agreement between the City and Gethsemane. The owner is also objecting on the basis that the assessment amount is greater than the benefit to the property. Agenda Item I1 Packet Page Number 263 of 347 5. Parcel 25-29-22-31-0034 – Gethsemane Lutheran Church; 0 Bartelmy Lane It is currently proposed that the property be assessed for 703.63 feet of frontage. The owner is objecting to the assessment on the basis that the assessment is inconsistent with the lease agreement between the City and Gethsemane. The owner is also objecting on the basis that the assessment amount is greater than the benefit to the property. 6. Parcel 25-29-22-34-0092 – Kathleen P. Baldwin; 765 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a senior citizen deferral. 7. Parcel 25-29-22-31-0022 – Shelagh Stoerzinger; 868 Bartelmy Lane It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment amount is greater than the benefit to the property. The owner requests a revision of assessment. 8. Parcel 25-29-22-34-0099 – Riaz Islam; 740 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a revision of assessment. The owner is also requesting a copy of the special benefit appraisal report. 9. Parcel 25-29-22-34-0097 – William Mensen; 2391 Minnehaha Avenue E. It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a revision of assessment. 10. Parcel 25-29-22-34-0070 – Billy K. Johnson; 819 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship. The owner requests a financial hardship or disability deferral. Recommended Adjustments The staff reviewed the requests and granted all financial hardship, senior citizen, and undeveloped property deferrals upon approval of proper paperwork. However, staff is recommending denial of all requests for cancellation or revision of assessments, except for the Union Cemetery property (0 Minnehaha Avenue). Cancellation is recommended in that case pursuant to Minnesota Statute 306.14. The recommendations are based on the benefit appraisals which support the proposed assessments. In addition, the recommendations are consistent with the City’s Assessment Policy. If council chooses to adopt the staff recommendation and a property owner disagrees with the action, there is an opportunity to work with the City Attorney in addition to appealing to the City and District Court. The following are recommended adjustments by staff to the assessment roll: 1. Parcel 25-29-22-43-0002 – Union Cemetery Association; 0 Minnehaha Avenue East It is currently proposed that the property be assessed for 359.78 feet of frontage. The owner is objecting to the assessment on the basis that the Union Cemetery Association is a 501 (c)(13) exempt organization and therefore cannot be assessed pursuant to Minn. Stat. 306.14. Staff recommendation is to grant a cancellation of assessment upon approval of necessary paperwork. 2. Parcel 25-29-22-31-0023 – Deena J. Drewes; 882 Bartelmy Lane It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment Agenda Item I1 Packet Page Number 264 of 347 would become due in total with interest. This property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 3. Parcel 25-29-22-34-0018 – Dale Dombrock; 784 Mary Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 4. Parcel 25-29-22-31-0031 – Gethsemane Lutheran Church; 2410 Stillwater Road It is currently proposed that the property be assessed for 234.37 feet of frontage. The owner is objecting to the assessment on the basis that the assessment amount is greater than the benefit to the property. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 5. Parcel 25-29-22-31-0034 – Gethsemane Lutheran Church; 0 Bartelmy Lane It is currently proposed that the property be assessed for 703.63 feet of frontage. The owner is objecting to the assessment on the basis that the assessment is inconsistent with the lease agreement between the City and Gethsemane. The owner is also objecting on the basis that the assessment amount is greater than the benefit to the property. Staff feels that the assessment is not in conflict with the lease agreement and recommends granting an undeveloped property deferral (8 years) upon approval of necessary paperwork. If the property remains undeveloped during the entire 8 year deferral time period the assessment will be cancelled. If at any point during the 8 year deferral period the property is developed the assessment would become active. 6. Parcel 25-29-22-34-0092 – Kathleen P. Baldwin; 765 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 7. Parcel 25-29-22-31-0022 – Shelagh Stoerzinger; 868 Bartelmy Lane It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment amount is greater than the benefit to the property. The owner requests a revision of assessment. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 8. Parcel 25-29-22-34-0099 – Riaz Islam; 740 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a revision of assessment. The owner is also requesting a copy of the special benefit appraisal report. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Mr. Islam needs to request this information through the City Attorney. 9. Parcel 25-29-22-34-0097 – William Mensen; 2391 Minnehaha Avenue E. It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a revision of assessment. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Agenda Item I1 Packet Page Number 265 of 347 10. Parcel 25-29-22-34-0070 – Billy K. Johnson; 819 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship. The owner requests a financial hardship or disability deferral. Staff recommendation is to grant a financial hardship/disability deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. BUDGET The project budget will not be affected by approving the recommendations above. RECOMMENDATION Staff recommends that the City Council approve the attached Resolution for Adopting Revised Assessment Roll for the Bartelmy-Meyer Area Street Improvements, Project 11-14. It is further recommended that the City Attorney work with the property owners to resolve any outstanding concerns. Attachments: 1. Resolution: Adopting Revised Assessment Roll 2. Assessment Roll 3. Location Map 4. Assessment objections Agenda Item I1 Packet Page Number 266 of 347 RESOLUTION ADOPTING REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 14, 2012, the assessment roll for the Bartelmy-Meyer Area Street Improvements, City Project 11-14, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, ten (10) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 25-29-22-43-0002 – Union Cemetery Association; 0 Minnehaha Avenue East It is currently proposed that the property be assessed for 359.78 feet of frontage. The owner is objecting to the assessment on the basis that the Union Cemetery Association is a 501 (c)(13) exempt organization and therefore cannot be assessed pursuant to Minn. Stat. 306.14. 2. Parcel 25-29-22-31-0023 – Deena J. Drewes; 882 Bartelmy Lane It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship. 3. Parcel 25-29-22-34-0018 – Dale Dombrock; 784 Mary Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a senior citizen deferral. 4. Parcel 25-29-22-31-0031 – Gethsemane Lutheran Church; 2410 Stillwater Road It is currently proposed that the property be assessed for 234.37 feet of frontage. The owner is objecting to the assessment on the basis that the assessment is inconsistent with the lease agreement between the City and Gethsemane. The owner is also objecting on the basis that the assessment amount is greater than the benefit to the property. 5. Parcel 25-29-22-31-0034 – Gethsemane Lutheran Church; 0 Bartelmy Lane It is currently proposed that the property be assessed for 703.63 feet of frontage. The owner is objecting to the assessment on the basis that the assessment is inconsistent with the lease agreement between the City and Gethsemane. The owner is also objecting on the basis that the assessment amount is greater than the benefit to the property. 6. Parcel 25-29-22-34-0092 – Kathleen P. Baldwin; 765 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a senior citizen deferral. 7. Parcel 25-29-22-31-0022 – Shelagh Stoerzinger; 868 Bartelmy Lane It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment amount is greater than the benefit to the property. The owner requests a revision of assessment. 8. Parcel 25-29-22-34-0099 – Riaz Islam; 740 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a revision of assessment. The owner is also requesting a copy of the special benefit appraisal report. 9. Parcel 25-29-22-34-0097 – William Mensen; 2391 Minnehaha Avenue E. It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a revision of assessment. 10. Parcel 25-29-22-34-0070 – Billy K. Johnson; 819 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship. The owner requests a financial hardship or disability deferral. Agenda Item I1 Attachment 1 Packet Page Number 267 of 347 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Bartelmy-Meyer Area Street Improvements, City Project 11-14: 1. Parcel 25-29-22-43-0002 – Union Cemetery Association; 0 Minnehaha Avenue East It is currently proposed that the property be assessed for 359.78 feet of frontage. The owner is objecting to the assessment on the basis that the Union Cemetery Association is a 501 (c)(13) exempt organization and therefore cannot be assessed pursuant to Minn. Stat. 306.14. Staff recommendation is to grant a cancellation of assessment upon approval of necessary paperwork. 2. Parcel 25-29-22-31-0023 – Deena J. Drewes; 882 Bartelmy Lane It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship. Staff recommendation is to grant a financial hardship deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest. This property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 3. Parcel 25-29-22-34-0018 – Dale Dombrock; 784 Mary Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest. 4. Parcel 25-29-22-31-0031 – Gethsemane Lutheran Church; 2410 Stillwater Road It is currently proposed that the property be assessed for 234.37 feet of frontage. The owner is objecting to the assessment on the basis that the assessment amount is greater than the benefit to the property. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 5. Parcel 25-29-22-31-0034 – Gethsemane Lutheran Church; 0 Bartelmy Lane It is currently proposed that the property be assessed for 703.63 feet of frontage. The owner is objecting to the assessment on the basis that the assessment is inconsistent with the lease agreement between the City and Gethsemane. The owner is also objecting on the basis that the assessment amount is greater than the benefit to the property. Staff feels that the assessment is not in conflict with the lease agreement and is recommending granting an undeveloped property deferral (8 years) upon approval of necessary paperwork. If the property remains undeveloped during the entire 8 year deferral time period the assessment will be cancelled. If at any point during the 8 year deferral period the property is developed the assessment would become active. 6. Parcel 25-29-22-34-0092 – Kathleen P. Baldwin; 765 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest. 7. Parcel 25-29-22-31-0022 – Shelagh Stoerzinger; 868 Bartelmy Lane It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment amount is greater than the benefit to the property. The owner requests a revision of assessment. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Agenda Item I1 Attachment 1 Packet Page Number 268 of 347 8. Parcel 25-29-22-34-0099 – Riaz Islam; 740 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a revision of assessment. The owner is also requesting a copy of the special benefit appraisal report. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Mr. Islam needs to request this information through the City Attorney. 9. Parcel 25-29-22-34-0097 – William Mensen; 2391 Minnehaha Avenue E. It is currently proposed that the property be assessed for 1 residential unit. The owner is requesting a revision of assessment. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 10. Parcel 25-29-22-34-0070 – Billy K. Johnson; 819 Meyer Street It is currently proposed that the property be assessed for 1 residential unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship. The owner requests a financial hardship or disability deferral. Staff recommendation is to grant a financial hardship/disability deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest. B. The assessment roll for the Bartelmy-Meyer Area Street Improvements, City Project 11-14, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 8 years for commercial properties and 15 years for residential properties, the first installments to be payable on or before the first Monday in January 2013 and shall bear interest at the rate of 4.30 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2012, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2012, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after November 15, 2012, but no later than November 16, 2012, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 11th day of June 2012. Agenda Item I1 Attachment 1 Packet Page Number 269 of 347 PENDING ASSESSMENT ROLL BARTELMY MEYER AREA STREET IMPROVEMENTS ‐ CITY PROJECT 11‐14 Parcel ID Taxpayer Street Number Street Comm. L.F. Residential Unit Assessment Rate (per unit or L.F) Total Assessment 252922340054 STEPHEN SHEA 2410 7TH ST E 1 $6,100.00 $6,100.00 252922340053 WILLIAM DONALD TULP 2418 7TH ST E 1 $6,100.00 $6,100.00 252922340005 MARTIN VOGEL 2456 7TH ST E 1 $6,100.00 $6,100.00 252922310020 ISAAC MCCRARY 2457 7TH ST E 1 $6,100.00 $6,100.00 252922340004 ERIC HANSEN 2466 7TH ST E 1 $6,100.00 $6,100.00 252922310019 KENNETH V BARNES 2467 7TH ST E 1 $6,100.00 $6,100.00 252922310018 TERRENCE J DOWNS 2471 7TH ST E 1 $6,100.00 $6,100.00 252922340003 STEPHEN ROGER WILLSON 2472 7TH ST E 1 $6,100.00 $6,100.00 252922340002 WILLIAM G LINDBORG 2480 7TH ST E 1 $6,100.00 $6,100.00 252922340001 CATHERINE E CARLSON 2490 7TH ST E 1 $6,100.00 $6,100.00 252922310034 GETHSEMANE LUTHERAN CHURCH 0 BARTELMY LN N 703.63 0 $75.00 $52,772.25 252922340085 JEROME M BAILEY JR 735 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340038 JOSHUA H SNOW 736 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340084 ANNABELLE M TYLER 743 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340037 STEVEN H LANGDON 744 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340083 ANDREW D BERG 751 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340036 JANET C WYSS 752 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340035 EFRAIN ISLAS 760 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340082 KATIE I SATAK 761 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340034 YANCEY BECK 768 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340033 MARLENE A JONES 776 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340081 JEFFREY ROESLER 777 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340032 THOMAS L WILLEMS 784 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340031 DARRYL W STOUT 792 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340030 DAVID A SAMUELSON 800 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340029 GEORGE H SCHNEIDER 808 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340063 JAMES GILBERT BONNGARD 809 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340064 CLAYTON L KRUEGER 815 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340065 KARA M SWENSON 821 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340066 TED MILLER 827 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340028 ELAINE B LESSARD 828 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340067 JEFFREY A TJADEN 833 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340006 JENELLE L SWEENEY 834 BARTELMY LN N 1 $6,100.00 $6,100.00 252922340052 JOHN F WATT 839 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310021 LORI L BROWN 860 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310022 DANIEL R STOERZINGER 868 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310023 DEENA J DREWES 882 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310024 ELAINE STEINMETZ 888 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310015 MAGELLAN PIPELINE COMPANY 900 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310014 WILLIAMS PETROLEUM SERV LLC 910 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310013 WILLIAMS PETROLEUM SERV LLC 914 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310012 WILLIAMS PETROLEUM SERV LLC 920 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310011 WILLIAMS PETROLEUM SERV LLC 928 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310010 WILLIAMS PETROLEUM SERV LLC 934 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310009 WILLIAMS PETROLEUM SERV LLC 940 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310008 WILLIAMS PETROLEUM SERV LLC 948 BARTELMY LN N 1 $6,100.00 $6,100.00 252922310007 WILLIAMS PETROLEUM SERV LLC 954 BARTELMY LN N 1 $6,100.00 $6,100.00 252922240051 MICHAEL E MCGINN 962 BARTELMY LN N 0.25 $6,100.00 $1,525.00 252922310016 DENNIS OBRIEN 2465 BRAND ST 1 $6,100.00 $6,100.00 252922310017 BARBARA M NESBITT 2466 BRAND ST E 1 $6,100.00 $6,100.00 252922340041 JACK P FLAHERTY 735 MARY ST N 1 $6,100.00 $6,100.00 252922340025 LEO E PIERRE 736 MARY ST N 1 $6,100.00 $6,100.00 252922340042 TIMOTHY E CLASEN 743 MARY ST N 1 $6,100.00 $6,100.00 252922340024 RYAN MICHAEL SHEAK 744 MARY ST N 1 $6,100.00 $6,100.00 252922340043 L JANE HEIL 749 MARY ST N 1 $6,100.00 $6,100.00 252922340023 MICHELE M PAIPAL 750 MARY ST N 1 $6,100.00 $6,100.00 252922340022 SHIRLEY F JOHNSON 756 MARY ST N 1 $6,100.00 $6,100.00 252922340044 PETER DAHLIN 757 MARY ST N 1 $6,100.00 $6,100.00 252922340021 JEAN P SCHWAN 762 MARY ST N 1 $6,100.00 $6,100.00 252922340020 ROY GENE GILMAN 770 MARY ST N 1 $6,100.00 $6,100.00 252922340045 RANDY R TRAVERS 771 MARY ST N 1 $6,100.00 $6,100.00 252922340019 DONELL LEE FRANK 776 MARY ST N 1 $6,100.00 $6,100.00 252922340046 SHIRLEY M MURRAY 779 MARY ST N 1 $6,100.00 $6,100.00 252922340018 DALE W DOMBROCK 784 MARY ST N 1 $6,100.00 $6,100.00 252922340047 JAMES R LAVORATO 787 MARY ST N 1 $6,100.00 $6,100.00 252922340048 DUANE SMITH 795 MARY ST N 1 $6,100.00 $6,100.00 252922340010 FRANK C KNAPP 796 MARY ST N 1 $6,100.00 $6,100.00 252922340049 EUGENE R MORAN 803 MARY ST N 1 $6,100.00 $6,100.00 252922340009 FRANK J MANOLOVITZ 804 MARY ST N 1 $6,100.00 $6,100.00 252922340008 THOMAS S TOLZMAN 812 MARY ST N 1 $6,100.00 $6,100.00 252922340050 MATTHEW J WALFOORT 813 MARY ST N 1 $6,100.00 $6,100.00 252922340051 TAMMY A DOREE 821 MARY ST N 1 $6,100.00 $6,100.00 252922340007 RAYMOND A HOLLINGSWORTH 822 MARY ST N 1 $6,100.00 $6,100.00 252922340112 JUSTIN J MALONEY 760 MEYER ST 1 $6,100.00 $6,100.00 252922340111 DANNY PORTER 762 MEYER ST 1 $6,100.00 $6,100.00 252922340068 DAVID M GINTZ 835 MEYER ST 1 $6,100.00 $6,100.00 252922340095 ISIDORE TESSIER 739 MEYER ST N 1 $6,100.00 $6,100.00 252922340099 RIAZ ISLAM 740 MEYER ST N 1 $6,100.00 $6,100.00 Agenda Item I1 Attachment 2 Packet Page Number 270 of 347 PENDING ASSESSMENT ROLL BARTELMY MEYER AREA STREET IMPROVEMENTS ‐ CITY PROJECT 11‐14 Parcel ID Taxpayer Street Number Street Comm. L.F. Residential Unit Assessment Rate (per unit or L.F) Total Assessment 252922340094 EVVA KELCHER 747 MEYER ST N 1 $6,100.00 $6,100.00 252922340098 TODD KOFSKI 750 MEYER ST N 1 $6,100.00 $6,100.00 252922340093 TIMOTHY J SAMOLYTZ 755 MEYER ST N 1 $6,100.00 $6,100.00 252922340092 JAMES L BALDWIN 765 MEYER ST N 1 $6,100.00 $6,100.00 252922340074 JOHN J WAGNER 793 MEYER ST N 1 $6,100.00 $6,100.00 252922340059 JOHN T MOY 794 MEYER ST N 1 $6,100.00 $6,100.00 252922340073 JENNIFER M STUKEL 799 MEYER ST N 1 $6,100.00 $6,100.00 252922340072 LORI NEUBAUER 805 MEYER ST N 1 $6,100.00 $6,100.00 252922340058 RALPH F POKORNY 806 MEYER ST N 1 $6,100.00 $6,100.00 252922340071 SCOTT LEUNG 813 MEYER ST N 1 $6,100.00 $6,100.00 252922340057 DAVID W ERNSTER 814 MEYER ST N 1 $6,100.00 $6,100.00 252922340070 BILLY K JOHNSON 819 MEYER ST N 1 $6,100.00 $6,100.00 252922340056 JEFF KLEVE 822 MEYER ST N 1 $6,100.00 $6,100.00 252922340069 GENEVIEVE HERNANDEZ 827 MEYER ST N 1 $6,100.00 $6,100.00 252922340055 ROBERT G LEE 834 MEYER ST N 1 $6,100.00 $6,100.00 252922430002 UNION CEMETERY ASSN 0 MINNEHAHA AVE E 359.78 0 $67.50 $24,285.15 252922340097 WILLIAM H MENSEN 2391 MINNEHAHA AVE E 1 $6,100.00 $6,100.00 252922340100 JONATHAN R COLBURN 2405 MINNEHAHA AVE E 0.5 $6,100.00 $3,050.00 252922340011 RICHARD A BRACKETT 809 STERLING ST N 1 $6,100.00 $6,100.00 252922340017 ZACHERY D SHANLEY 814 STERLING ST N 1 $6,100.00 $6,100.00 252922340012 THOMAS J JENNY 815 STERLING ST N 1 $6,100.00 $6,100.00 252922340016 MERRI B DANDL 820 STERLING ST N 1 $6,100.00 $6,100.00 252922340013 CHARLES L ZDRAZIL 821 STERLING ST N 1 $6,100.00 $6,100.00 252922340014 CHARLES R PFLAGER 827 STERLING ST N 1 $6,100.00 $6,100.00 252922340015 JAMES R HAZZARD 833 STERLING ST N 1 $6,100.00 $6,100.00 252922310031 GETHSEMANE LUTHERAN CHURCH 2410 STILLWATER RD 234.37 0 $75.00 $17,577.75 252922310026 WILLIAMS PIPE LINE COMPANY 2438 STILLWATER RD 5 $6,100.00 $30,500.00 Total 1297.78 104.75 Total $733,610.15 ASSESSMENT RATES: RESIDENTIAL ‐ SPECIAL BENEFIT ASSESSMENT RATE = $6,100.00 PER UNIT COMMERCIAL SPECIAL BENEFIT ASSESSMENT RATES ARE PER LINEAR FRONT‐FOOT NOTE:  THE ABOVE ASSESSMENT RATES ARE BASED UPON SPECIAL BENEFIT APPRAISALS Agenda Item I1 Attachment 2 Packet Page Number 271 of 347 Agenda Item I1 Attachment 3 Packet Page Number 272 of 347 Agenda Item I1 Attachment 4 Packet Page Number 273 of 347 Agenda Item I1 Attachment 4 Packet Page Number 274 of 347 Agenda Item I1 Attachment 4 Packet Page Number 275 of 347 Agenda Item I1 Attachment 4 Packet Page Number 276 of 347 Agenda Item I1 Attachment 4 Packet Page Number 277 of 347 Agenda Item I1 Attachment 4 Packet Page Number 278 of 347 Agenda Item I1 Attachment 4 Packet Page Number 279 of 347 Agenda Item I1 Attachment 4 Packet Page Number 280 of 347 Agenda Item I1 Attachment 4 Packet Page Number 281 of 347 Agenda Item I1 Attachment 4 Packet Page Number 282 of 347 Agenda Item I1 Attachment 4 Packet Page Number 283 of 347 Agenda Item I1 Attachment 4 Packet Page Number 284 of 347 Agenda Item I1 Attachment 4 Packet Page Number 285 of 347 Agenda Item I2 AGENDA REPORT TO: James W. Antonen, City Manager FROM: Gayle Bauman, Finance Manager SUBJECT: Bid Award on Bonds – GO Improvement Bonds 2012A and GO State Aid Street Refunding Bonds 2012B DATE: May 29, 2012 for June 11, 2012 council meeting BACKGROUND On May 14, 2012, the Council gave preliminary approval for the sale of $5,780,000 of General Obligation Improvement Bonds, Series 2012A and $2,545,000 General Obligation State Aid Street Refunding Bonds, Series 2012B. The bids on these bonds are scheduled to be opened on Monday, June 11, 2012. The 2012A improvement bonds were proposed to finance the following: • Three public works projects – Bartelmy-Meyer Area Streets, Mill and Overlays and the second part of Gladstone Area Redevelopment (Phase I, The Shores). Improvement bonds totaling $5,330,000 are planned for these projects which have special assessments that total at least 20% of the project costs. • Equipment certificates totaling $450,000 are planned to cover the purchase of refuse containers needed due to the organized collection process which begins Fall of 2012. This portion will be paid from revenues collected in the Recycling/Trash Fund through user charges. The 2012B crossover refunding bonds are proposed to be issued to refund GO State Aid Street Bonds 2004E with an outstanding amount of $3,465,000 and maturities through 2024. The estimated net present value (NPV) of savings to the City for this issue is $149,800 or 5.813% of the principal amount of the refunding bonds. The bid award is scheduled for 7:00 p.m. at the regular Council meeting on Monday, June 11, 2012. A recommendation regarding the bid award will be made by a representative of Springsted Incorporated. At that time, resolutions for the bonds issued will need to be adopted to award the bids. Copies of the resolutions are attached. RECOMMENDATION Staff recommends approval of the resolutions pending a favorable recommendation from Springsted, Incorporated. P:\Council Files\Agendas\2012\061-bond sale 2012A 2012B unfinished Attachments: 1. Series 2012A Resolution 2. Series 2012B Resolution Packet Page Number 286 of 347 4700438v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: June 11, 2012 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on June 11, 2012, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive negotiated sale of $5,780,000 General Obligation Bonds, Series 2012A. The following members were present: and the following were absent: In accordance with the resolution adopted by the City Council on May 14, 2012, the City Clerk presented proposals on $5,780,000 General Obligation Bonds, Series 2012A, which were received and tabulated at the offices of Springsted Incorporated on this same day: Bidder Interest Rate Trust Interest Cost SEE ATTACHED The Council then proceeded to consider and discuss the proposals, after which member ____________ introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $5,780,000 GENERAL OBLIGATION BONDS, SERIES 2012A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF AND PROVIDING FOR THEIR ISSUANCE 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 $5,780,000 General Obligation Bonds, Series 2012A (the "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475 and: 1. Chapter 429, to finance the construction of various street improvement projects within the City (the "Improvements"), in the amount of $_____________ (the "Improvement Portion of the Bonds"). 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 2. Section 412.301 to finance the purchase of various items of capital equipment (the "Equipment"), in the amount of $__________ (the "Equipment Portion of the Bonds"). Each item of Equipment to be financed by the Equipment Portion of the Bonds has an expected useful life at least as long as the term of the Equipment Portion of the Bonds. The principal amount of the Equipment Portion of the Bonds does not exceed one-quarter of one percent (0.25%) of the Attachment 1 Packet Page Number 287 of 347 4700438v1 2 market value of the taxable property in the City ($______________ times 0.25% is $___________); and B. 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 ______________________________ (the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $__________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated July 1, 2012, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, 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 on February 1 in the years and amounts as follows: Year Amount Year Amount 2014 2022 2015 2023 2016 2024 2017 2025 2018 2026 2019 2027 2020 2028 2021 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) Allocation. The Improvement Portion of the Bonds, being the aggregate principal amount of $_____________, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Improvements. The Equipment Portion of the Bonds, being the aggregate principal amount of $___________, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Equipment. Packet Page Number 288 of 347 4700438v1 3 Year Improvement Portion (Amount) Equipment Portion (Amount) Total Amount 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to any of the portions of debt service in such amounts as the City shall determine. If the source of a prepayment is special assessments pledged to the Improvements, the prepayment shall be allocated to the Improvement Portion of debt service. (c) 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 Packet Page Number 289 of 347 4700438v1 4 institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant 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 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, 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 Packet Page Number 290 of 347 4700438v1 5 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 fifteen calendar days in advance of such special record date to the extent possible. (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, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d) Termination of Book-Entry Only System. 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. (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 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 Packet Page Number 291 of 347 4700438v1 6 in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) 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. The Improvement Portion of the Bonds shall provide funds to finance the Improvements. The Equipment Portion of the Bonds shall provide funds to finance acquisition of the Equipment. The Improvements and Equipment are herein referred to together as the Project. 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 Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project 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, 2013, 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 Interest Rate Maturity Year Interest Rate 2014 2022 2015 2023 2016 2024 2017 2025 2018 2026 2019 2027 2020 2028 2021 5. Redemption. All Bonds maturing on February 1, 2023 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2022, 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 interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the Packet Page Number 292 of 347 4700438v1 7 paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. 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 the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the 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. 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: Packet Page Number 293 of 347 4700438v1 8 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_______ $_________ GENERAL OBLIGATION BOND, SERIES 2012A Interest Rate Maturity Date Date of Original Issue CUSIP February 1, July 1, 2012 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, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2013, 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, 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 Packet Page Number 294 of 347 4700438v1 9 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. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2023, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2022, 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 shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemption. 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 the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the 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 $5,780,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, 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 June 11, 2012 (the "Resolution"), for the purpose of providing money to finance various projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2012A 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 in fully registered form 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 Packet Page Number 295 of 347 4700438v1 10 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 the Holder's 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 herein 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 performed, 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 City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Packet Page Number 296 of 347 4700438v1 11 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 Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Clerk Packet Page Number 297 of 347 4700438v1 12 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, 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 JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ___________ as custodian for ______________ (Cust) (Minor) under the _____________________ Uniform (State) 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 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. 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 information for all joint owners if the Bond is held by joint account.) Packet Page Number 298 of 347 4700438v1 13 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date Amount Authorized signature of Holder Packet Page Number 299 of 347 4700438v1 14 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 City 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 officer, the Bonds may be signed by the manual or facsimile signature of that 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 Bonds shall cease to be such officer before the delivery of the Bonds, 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 bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and City Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor 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 the 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 July 1, 2012. 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. 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 Packet Page Number 300 of 347 4700438v1 15 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 in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond 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 Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. 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 any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City 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 such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, 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 Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record 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) 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. Packet Page Number 301 of 347 4700438v1 16 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. 15. Fund and Accounts. There is hereby established a special fund to be designated "General Obligation Bonds, Series 2012A 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 Bonds and the interest thereon have been fully paid. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) ConstructionAccount. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less any accrued interest and less capitalized interest. From the Construction Account there shall be paid all costs and expenses of the Project, 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. Moneys in the Construction 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 Project there shall remain any unexpended balance (other than any special assessments) in the Construction Account, the balance shall be transferred to the Debt Service Account or the fund of any other improvement instituted pursuant to Minnesota Statutes Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied toward 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 475.1, Subdivision 1. (b) Debt Service Account. There shall be maintained two separate subaccounts in the Debt Service Account to be designated the "Improvements Debt Service Subaccount", and the "Equipment Debt Service Subaccount". There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) Improvements Debt Service Subaccount. To the Improvements Debt Service Subaccount there shall be credited: (A) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account 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) a pro rata share of all accrued interest received upon delivery of the Bonds; (C) capitalized interest in the amount of $________; (D) any collections of all taxes herein or hereafter be levied for the payment of the Improvements Portion of the Bonds and interest thereon; (E) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (F) all investment earnings on funds held in the Packet Page Number 302 of 347 4700438v1 17 Improvements Debt Service Subaccount; and (G) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvements Debt Service Subaccount. The Improvements Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Improvement Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law (ii) Equipment Debt Service Subaccount. To the Equipment Debt Service Subaccount there shall be credited: (A) all taxes herein and hereafter levied for the payment of the Equipment Portion of the Bonds; (B) a pro rata share of all accrued interest received upon delivery of the Bonds; (C) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (D) all investment earnings on funds held in the Equipment Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Equipment Debt Service Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Equipment Portion of the Bonds. 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 (2) 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 Account or Debt Service Account (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 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. Covenants Relating to the Improvement Portion of the Bonds. (a) Special Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each Improvement financed by the Improvement Portion of the Bonds 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 benefited 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 by the Improvement Portion of the Bonds unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants Packet Page Number 303 of 347 4700438v1 18 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 the special assessments, and in the event that any special 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, either in the making of the special assessments or in the performance of any condition precedent thereto, the City will forthwith do all further acts and take all further proceedings as may be required by law to make the special assessments valid and binding liens upon the properties. The special assessments have heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the special assessments are levied, it is hereby determined that the special assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all special assessments at a rate of _____% per annum, as set forth opposite the years specified below: Improvement Designation Levy Years Collection Years Amount $_________ At the time the special assessments are in fact levied the City Council shall, based on the then current estimated collections of the special assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Improvement Portion of 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 rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years 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 Improvement Portion of the Bonds, will produce at least five 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 Improvement Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. (c) Covenants Relating to the Equipment Portion of the Bonds. To provide moneys for payment of the principal and interest on the Equipment Portion of 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 rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Packet Page Number 304 of 347 4700438v1 19 Years of Tax Levy Years of Tax Collection Amount See attached levy schedule (Equipment Portion) The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Equipment Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Equipment Portion 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 475.61, Subdivision 3. 17. General Obligation Pledge. 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 Account 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 Account when a sufficient balance is available therein. 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 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 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"). Packet Page Number 305 of 347 4700438v1 20 The City hereby certifies and/or covenants as follows: (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 (i) 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 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 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 the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org 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. Packet Page Number 306 of 347 4700438v1 21 (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph 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 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 (the "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. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed in the office of the County Auditor of Ramsey County, together with such other information as the County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the Bond Register and the tax levies required by law have been made. 22. 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. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use 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 cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. 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 (i) 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 Packet Page Number 307 of 347 4700438v1 22 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. 25. 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 bonds" 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 2012 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2012 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. 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. 26. Governmental Bonds Post-Issuance Compliance Policies and Procedures. The City hereby approves the Governmental Bonds Post-Issuance Compliance Policies and Procedures in substantially the form presented to the City Council. 27. Severability. 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. 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. The motion for the adoption of the foregoing resolution was duly seconded by member Beaton and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: _____________________; Packet Page Number 308 of 347 4700438v1 23 and the following voted against the same: ______________. Whereupon the resolution was declared duly passed and adopted. Packet Page Number 309 of 347 4700438v1 24 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $5,780,000 General Obligation Bonds, Series 2012A. WITNESS my hand on June 11, 2012. ________________________________ Clerk Packet Page Number 310 of 347 4700438v1 EXHIBIT A PROPOSAL Packet Page Number 311 of 347 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MAPLEWOOD, MINNESOTA HELD: June 11, 2012 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on June 11, 2012, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive negotiated sale of $2,545,000 General Obligation State-Aid Road Refunding Bonds, Series 2012B. The following members were present: and the following were absent: In accordance with the resolution adopted by the City Council on May 14, 2012, the City Clerk presented proposals on $2,545,000 General Obligation State-Aid Road Refunding Bonds, Series 2012B, which were received and tabulated at the offices of Springsted Incorporated on this same day: Bidder Interest Rate Trust Interest Cost SEE ATTACHED The Council then proceeded to consider and discuss the proposals, after which member ____________ introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $2,545,000 GENERAL OBLIGATION STATE-AID ROAD REFUNDING BONDS, SERIES 2012B AND PROVIDING FOR THEIR ISSUANCE A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to provide moneys for a crossover refunding of the City's $5,355,000 original principal amount of General Obligation State-Aid Street Bonds, Series 2004E, dated August 1, 2004 (the "Prior Bonds"), which mature on and after April 1, 2016; and B. WHEREAS, $2,385,000 aggregate principal amount of the Prior Bonds which matures on and after April 1, 2016, is callable on April 1, 2015 (the "Refunded Bonds"), at a price of par plus accrued interest, as provided in the Resolution adopted on August 5, 2004, authorizing the issuance of the Prior Bonds (the "Prior Resolution"); and C. WHEREAS, the refunding of the Refunded Bonds is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and Attachment 2 Packet Page Number 312 of 347 4700673v1 D. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $2,545,000 General Obligation State-Aid Road Refunding Bonds, Series 2012B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a crossover refunding of the Refunded Bonds; and E. 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 ______________, in __________, _____________ (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, and at the rates of interest hereinafter set forth, and to pay therefor the sum of $__________, 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) Original Issue Date; Denominations; Maturities. The Bonds shall dated July 1, 2012, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, 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 on April 1 in the years and amounts as follows: Year Amount Year Amount 2016 2021 2017 2022 2018 2023 2019 2024 2020 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 Packet Page Number 313 of 347 4700673v1 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 Participant 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 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, 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 Packet Page Number 314 of 347 4700673v1 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 date to the extent possible. (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 Only System. 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. (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 Packet Page Number 315 of 347 4700673v1 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 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (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; Refunding Findings. The Bonds shall provide funds for a crossover refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of the crossover date of the Bonds, shall result in a reduction of the present value of the dollar amount of the debt service to the City from a total dollar amount of $_________________ for the Prior Bonds to a total dollar amount of $_______________ for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12, and accordingly the dollar amount of such present value of the debt service for the Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior Bonds as required in Minnesota Statutes, Section 475.67, Subdivision 12. The average annual amount of principal and interest due in all subsequent calendar years on the Bonds and on all other bonds payable from the City's account in the Municipal State-Aid Street Fund ($____________) does not exceed 90% of the amount of the last annual allotment preceding the issuance of the Bonds received by the City from the Construction Account of the Municipal State-Aid Street Fund ($_____________). 4. Interest. The Bonds shall bear interest payable semiannually on April 1 and October 1 of each year (each, an "Interest Payment Date"), commencing April 1, 2013, 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 Interest Rate Maturity Year Interest Rate 2016 2021 2017 2022 2018 2023 2019 2024 2020 Packet Page Number 316 of 347 4700673v1 5. Redemption. All Bonds maturing on April 1, 2023, and thereafter, shall be subject to redemption and prepayment at the option of the City on April 1, 2022, 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 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 Saint 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. 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: Packet Page Number 317 of 347 4700673v1 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_________ $_________ GENERAL OBLIGATION STATE-AID ROAD REFUNDING BOND, SERIES 2012B Interest Rate Maturity Date Date of Original Issue CUSIP April 1, July 1, 2012 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, unless called for earlier redemption, and to pay interest thereon semiannually on April 1 and October 1 of each year (each, an "Interest Payment Date"), commencing April 1, 2013, 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 Saint 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. Packet Page Number 318 of 347 4700673v1 Redemption. All Bonds of this issue (the "Bonds") maturing on April 1, 2023 and thereafter are subject to redemption and prepayment at the option of the Issuer on April 1, 2022, 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 shall 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 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 $2,545,000, 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 June 11, 2012 (the "Resolution"), for the purpose of providing funds sufficient for a crossover refunding on April 1, 2015, of the Issuer's General Obligation State-Aid Street Bonds, Series 2004E, dated August 1, 2004, which mature on and after April 1, 2016. This Bond is payable out of the Escrow Account and the Debt Service Account. 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 in fully registered form 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 Packet Page Number 319 of 347 4700673v1 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 the Holder's 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 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 performed, 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. Packet Page Number 320 of 347 4700673v1 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. 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 Saint Paul, Minnesota Bond Registrar By____________________ Authorized Signature Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk Packet Page Number 321 of 347 4700673v1 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, 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 JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - _____________ as custodian for _____________ (Cust) (Minor) under the _____________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ___________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________ the within Bond and 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. 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: ________________________________________ ________________________________________ ________________________________________ Packet Page Number 322 of 347 4700673v1 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE AMOUNT AUTHORIZED SIGNATURE OF HOLDER Packet Page Number 323 of 347 4700673v1 8. Execution; Temporary Bonds. The Bonds shall be in typewritten form, 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, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds 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 Bonds shall cease to be such officer before the delivery of the Bonds, 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. 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 of July 1, 2012. 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. 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 in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. Packet Page Number 324 of 347 4700673v1 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond 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 Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. 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 any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond 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. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City 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 such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, 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 Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record 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) 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 Administrator-Clerk-Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund designated the General Obligation State-Aid Road Refunding Bonds, Series 2012B 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 Packet Page Number 325 of 347 4700673v1 be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Escrow Account. The Escrow Account shall be maintained as an escrow account with U.S. Bank National Association (the "Escrow Agent"), in Saint Paul, Minnesota, which is a suitable financial institution within or without the State. $____________ proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Bonds to and including April 1, 2015; and (ii) to pay when called for redemption on April 1, 2015, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Bonds to and including April 1, 2015, and (ii) the principal of the Refunded Bonds due by reason of their call for redemption on April 1, 2015. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement") by and between the City and Escrow Agent, a form of which agreement is on file in the office of the Clerk. Any moneys remitted to the City upon termination of the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (i) after the crossover date, all uncollected moneys allotted to the City from its account in the Municipal State-Aid Street Fund pledged to the payment of the Prior Bonds; (ii) any collections of all taxes heretofore or hereafter levied for the payment of the Prior Bonds and interest thereon which are not needed to pay the Prior Bonds as a result of the Refunding; (iii) any balance remitted to the City upon the termination of the Escrow Agreement; (iv) all investment earnings on funds in the Debt Service Account; and (v) 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 amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. 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 (a) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (b) 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 Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any Packet Page Number 326 of 347 4700673v1 applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and 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 federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Certification to Commissioner; Expenditure Consistent with Minnesota Statutes, Chapter 162. Upon the sale of the Bonds, the officers of the City shall promptly certify to the Commissioner of Transportation of the State of Minnesota the amount of money required annually for the payment of principal and interest on the Bonds, all in accordance with Minnesota Statutes, Section 162.18. Proceeds of the Bonds shall be spent only in accordance with the provisions of law, including Chapter 162, and the rules and regulations of the Commissioner of Transportation relating to the establishment, location, relocation, construction, reconstruction and/or improvement of municipal state-aid streets within the City. 17. General Obligation Pledge. For the prompt and full payment of the principal of 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 Escrow Account or Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Escrow Account or Debt Service Account when a sufficient balance is available therein. 18. Debt Service Coverage. It is hereby determined and reasonably anticipated that the estimated collections of the revenues pledged to the Debt Service Account pursuant to paragraph 15 of this Resolution will produce at least five percent in excess of the amount needed to meet, when due, the principal of and interest on the Bonds. 19. Securities; Escrow Agent. Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 20. Escrow Agreement. On or prior to the delivery of the Bonds the Mayor and Finance Director shall, and are hereby authorized and directed to, execute on behalf of the City an Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 21. Purchase of SLGS or Open Market Securities. The Purchaser, as agent for the City, is hereby authorized and directed to purchase on behalf of the Council and in its name the appropriate United States Treasury Securities, State and Local Government Series and/or open market securities as provided in paragraph 18, from the proceeds of the Bonds and, to the extent Packet Page Number 327 of 347 4700673v1 necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 22. Redemption of Prior Bonds. The Prior Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Notice of Call for Redemption, in the form attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notice of Call for Redemption shall be given pursuant to the Escrow Agreement. 23. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 24. Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent necessary to give effect to the provisions of this resolution. 25. 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 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. 26. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Treasurer-Auditor of Ramsey County, Minnesota, together with such other information as the County Treasurer-Auditor shall require, and to obtain the County Treasurer-Auditor's Certificate that the Bonds have been entered in the County Treasurer- Auditor's Bond Register. 27. 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 Packet Page Number 328 of 347 4700673v1 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. 28. Negative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project financed by the Prior Bonds, 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 cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 29. Tax-Exempt Status of the Bonds; Rebate. The City is subject to the rebate requirement imposed by Section 148(f) of the Code by reason of issuing (together with all subordinate entities thereof, and all entities treated as one issuer with the City) more than $5,000,000 of tax-exempt governmental obligations during this calendar year as provided in Section 148(f)(4)(D) of the Code and Section 1.148-8 of the Regulations. 30. 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 bonds" 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 2012 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2012 have been designated for purposes of Section 265(b)(3) of the Code. (f) the aggregate face amount of the Bonds does not exceed $10,000,000. 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. 31. 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 the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual Packet Page Number 329 of 347 4700673v1 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 to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph 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 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 (the "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. 32. Severability. 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. 33. 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. The motion for the adoption of the foregoing resolution was duly seconded by member _______________ and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. Packet Page Number 330 of 347 4700673v1 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and sale of $2,545,000 General Obligation State-Aid Road Refunding Bonds, Series 2012B. WITNESS my hand on ________________, 2012. ___________________________ Clerk Packet Page Number 331 of 347 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 332 of 347 Item J1 AGENDA REPORT TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: June 6, 2012 RE: Approval of Resolution Opposing the Proposed Marriage Amendment Introduction At Council Member Llanas’s request, a resolution in opposition to the proposed constitutional amendment that would ban same-sex marriage is brought forward for council consideration. Background At least six Minnesota cities (Duluth, Edina, Minneapolis, St. Louis Park, St. Paul and Golden Valley) have adopted resolutions formally opposing the proposed Constitutional Amendment, Opposing the Proposed Marriage Amendment. In 2010, the City adopted an Ordinance allowing for the registration of domestic partnerships. Currently, there is one couple registered with the City as domestic partners. The following resolution is submitted for approval. Resolution in Opposition to Proposed “Recognition of Marriage” Constitutional Amendment WHEREAS, in 2011 the Minnesota State Legislature voted to include the following question on the election ballot in November 2012: “Shall the Minnesota Constitution be amended to provide that only a union of one man and one woman shall be valid or recognized as a marriage in Minnesota?” and WHEREAS, the proposed amendment would add a new Section 13 to the Minnesota Constitution stating: “Only a union of one man and one woman shall be valid or recognized as a marriage in Minnesota"; and WHEREAS, constitutions historically have been designed and interpreted to protect minorities from the arbitrary imposition of unjust barriers by the majority; and WHEREAS, the proposed amendment would be would be contrary to the purpose of our State Constitution to protect the rights, privileges and freedom of conscience of all citizens by withholding from some individuals and families important legal rights and obligations; and Packet Page Number 333 of 347 WHEREAS, Maplewood' s commitment to equality for all residents and citizens is shown, in part, by its adaption and implementation of the Maplewood Domestic Partnership Registration Ordinance in 2010; and NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Maplewood, hereby opposes the proposed constitutional amendment entitled “Recognition of Marriage Solely Between One Man and One Woman," and urges Minnesota citizens to vote No" on Tuesday, November 6, 2012. Recommendation It is recommended that the city council consider the resolution for approval.  Packet Page Number 334 of 347 Agenda Item J2 AGENDA REPORT TO: James Antonen, City Manager FROM: Charles Ahl, Assistant City Manager SUBJECT: Approval of Architect Contract for New Fire Station Site Evaluation DATE: June 5, 2012 INTRODUCTION The 3M Companies have indicated that they will donate a parcel of land to the City of Maplewood to be used for a new fire station. An evaluation of the property and site issues is necessary before proceeding with any discussions about possible construction of the new station. An architectural analysis is needed to understand the site issues, property layout constraints, coordinated building needs, and architectural features. Approval to spend funds for planning on this service is recommended. Background for Discussion The parcel of land that 3M have indicated an interest in donating to the City is adjacent to McKnight Road approximately halfway between Conway Avenue and Minnehaha Avenue. The site appears reasonably sized for a fire station and appropriately located to be consistent with the long range plans for providing fire service throughout Maplewood’s southern leg. The services needed for the site evaluation include site planning, utility location, access issues to McKnight Road, availability of spaces within the future building, along with the orientation of those spaces, plus, architectural considerations that are consistent with the parameters of 3M on their campus. Our fire planning has worked with architects from SEH, Inc. of our Consultant Pool on the East Metro – Marshlands Fire Training Facility. We are confident that the architects at SEH, along with the engineers at SEH who provide support for a number of City projects, can provide these services so that planning and evaluation of the site can be completed. Once these evaluations are completed, further discussions with 3M on the site will occur, as well as coordination and consideration of funding options. The estimated cost of this evaluation is in the $20,000 to $25,000 range. Chief Lukin and Assistant City Manager Ahl are leading this evaluation and any discussions / negotiations with 3M. Further updates on the site planning will be made to the City Council once this evaluation is completed. Recommended Action It is recommended that the City Council authorize the Assistant City Manager to enter into an agreement with SEH, Inc. for architectural services up to $25,000 for evaluation of a new fire station on 3M property with funding from the Public Safety Expansion Fund. Packet Page Number 335 of 347 Agenda Item J3 AGENDA REPORT TO: James Antonen, City Manager FROM: Charles Ahl, Assistant City Manager David Thomalla, Police Chief Steve Lukin, Fire Chief SUBJECT: City of Landfall Public Safety Services  Consider Terminating Police and Fire Service Contracts DATE: June 5, 2012 INTRODUCTION The City of Landfall has notified Maplewood that it wishes to terminate the police services contract that Maplewood Police have provided for 19 years. The intent of this item is to authorize the City Manager to negotiate the terms of the termination of service and to include the termination of Fire Services that are also provided to the City of Landfall. Background for Discussion Attached is a copy of the facsimile delivered on May 31, 2012 from Landfall City Attorney, Kevin K. Shoeberg, representing the City of Landfall’s request to terminate Police Protection Services as early as July 1, 2012. The contract for services with Landfall [a copy of the agreements are also attached] includes a provision for a six-month termination. This notice requirement has not occurred by Landfall, and they are requesting a waiver of that requirement. The current contract provides for Landfall to pay Maplewood a sum of $121,630 annually for the Police Services. The City of Maplewood also provides Fire Protection services for Landfall at an annual sum of $11,620 for a total annual expense to Landfall of $133,250. Landfall representatives have indicated concern with response times and interaction with Maplewood staff. At this point, since no formal complaints have been filed, State statutes do not provide for any investigation into these issues and claims. All information provided to Management and the Police Chief indicates a difference of opinion on the nature and importance of calls between Maplewood police and Landfall Park Management staff. We are not aware of any malfeasance or issues with Maplewood staff or officers. Given this disagreement and possible breakdown in communication, this is not a major issue to Maplewood service. From a financial standpoint, it is a break-even, at best, if not a financial support for Landfall, from Maplewood. Termination will mean that at, this time, Maplewood will not fill one vacant officer position. No Maplewood employees will be terminated if this contract is cancelled. As Management, we are adamant that our Public Safety team not be compromised by providing Fire Safety services in an area where our employees are not also protected with our Police Safety services. Thus, while Landfall has only requested termination of Police Service, we also recommend termination of the Fire Safety contract on terms that would be similar to the termination of the Police Services contract. Packet Page Number 336 of 347 Recommended Action It is recommended that the City Council authorize the City Manager to negotiate the terms of termination with Landfall for Police Protection and Fire Protection Services in the best interests of the City of Maplewood. Attachments: 1. May 31, 2012 Letter from Kevin K. Shoeberg 2. Landfall Contracts Packet Page Number 337 of 347 ~RY-31-2012 21,27 Fcom' 6516362759 To:6512492059 Page:1/1 KEVIN K. SHOEBERG, P.A·-~-----------Attorney at law May 31,2012 1805 Woodlane Drive Woodbury, MN 55125 Tel: 651.735.9340 Fax:651.735.6746 Email:kkspa@aol.com Mr. Jim Antonen City Manager DEUVERED BY FACSlMILE City of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 RE: Police Protection for City of Landfall Dear Mr. Antonen: This letter is to advise you that at the May 22, 2012 Landfall Village City Council meeting the City Council voted to contract with the Washington County Sheriff to provide police services to the City of Landfall. On behalf of the City of Landfall Village, I would like to thank the City of Maplewood for providing police protection to the City of Landfall. It is my understanding that a contract had been signed between the City of Maplewood and the City of Landfall which automatically renewed each year. That contract had a six month notice provision as a term of the contract. We would like to discuss an earlier termination date. I believe it is in the best interests of both parties to terminate the contract earlier and I have suggested that tbe parties agree to terminate their relationship on July 1, 2012. I have discussed this date with Chief Thomalla and he recommended that I speak with you regarding the earlier termination date. Please let me know when it would be a good time to sit down with you and discuss this matter. I look forward to hearing from you. cc: Mayor and City Council City Clerk viz=/( Kevin K. Shoeberg City of Landfall Village City Attorney Agenda Item J3 Attachment 1Packet Page Number 338 of 347 Agenda Item J3 Attachment 2 Packet Page Number 339 of 347 Agenda Item J3 Attachment 2 Packet Page Number 340 of 347 Agenda Item J3 Attachment 2 Packet Page Number 341 of 347 Agenda Item J3 Attachment 2 Packet Page Number 342 of 347 Agenda Item J3 Attachment 2 Packet Page Number 343 of 347 Agenda Item J3 Attachment 2 Packet Page Number 344 of 347 Agenda Item J3 Attachment 2 Packet Page Number 345 of 347 Agenda Item J3 Attachment 2 Packet Page Number 346 of 347 Agenda Item J3 Attachment 2 Packet Page Number 347 of 347