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Home My WebLink About2012 06-25 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 25, 2012 City Hall, Council Chambers Meeting No. 11-12 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 June 4, 2012 City Council Workshop Minutes 2. Approval of June 11, 2012 City Council Workshop Minutes 3. Approval of June 11, 2012 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Fire Department Swearing in Ceremony for Tony Bigelbach, Paul Eaton, Mike Hagen, Rochelle Hawthorne, Chad Jansen, Ladd Miller, Nathan Rank, Paul Rank and Tim Wessels 2. Presentation of Fire Department Life Safety Awards 3. Acceptance of the Minnesota Resuscitation Consortium Grant 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. Conditional Use Permit Review for Auto Sales by Fleet Associates, Inc at 2495 Maplewood Drive 3. Ordinance Amendment Regarding Variances for Metal Storage Buildings, Section 12-5 (d)— Second Reading 4. Ordinance Amendment Regarding Variances for Commercial Use Antennas and Towers, Section 44-1334—Second Reading 5. Approval of Potentially Dangerous Dogs and Dangerous Dogs License Fees 6. Resolution Approving Cooperative Agreement with DNR for Gateway Trail Connection, Gladstone Area Redevelopment Improvements – Phase 1, Project 04-21 7. Resolution Requesting Ramsey County to Restrict Parking on Edgerton Street (C.S.A.H. 58) Between Larpenteur Avenue and Highway 36 8. Hills and Dales Area Street Improvements, Project 09-15 a. Resolution Directing Modification of Existing Construction Contract, Change Order No. 5 b. Resolution Approving Final Payment and Acceptance of Project 9. Approval of Purchase for Construction Services for Edgerton Pond Force Main, July 16th Storm Clean-up and Investigation, City Project 11-19 10. Approval of Resolution to Adopt State Performance Measures 11. Approval of Resolution for Grant Request on East Metro Public Safety Facility 12. 2012 Pay Rates for Temporary/Seasonal, Casual Part-time Employees H. PUBLIC HEARINGS 1. East Metro Public Safety Training Facility, City Project 09-09 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 Votes) c. Resolution Approving Plans and Specifications and Advertising for Bids d. Resolution Ordering Preparation of Assessment Roll I. UNFINISHED BUSINESS 1. East Metro Public Safety Training Center, Located at Century Avenue South of Holloway Avenue. Approvals Requested for: a. Comprehensive Plan Amendment to G (Government) b. Conditional Use Permit for a Planned Unit Development c. Design Review d. Wetland Map Amendment 2. Solid Waste Management Summary Publication Ordinance 3. Resolution Establishing Solid Waste Collection License Fees J. NEW BUSINESS K. AWARD OF BIDS L. ADMINISTRATIVE PRESENTATIONS 1. Cancellation of July 2nd Council-Manager Work Session 2. Update on Shooting Range – No Report 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 14, 2012 City Council Manager Workshop Minutes 1 Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 P.M. Monday, June 4, 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 5:20 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-Arrived at 5:25 p.m. C. APPROVAL OF AGENDA Councilmember Koppen moved to approve the agenda as submitted. Seconded by Mayor Rossbach Ayes – All The motion passed. Mayor Rossbach read a Thank You Note written to the Council from a young lady named Laleia regarding a scholarship that Laleia received from the MCC. Mayor Rossbach asked Director of Parks and Recreation DuWayne Konewko to explain the scholarship program. DuWayne Konewko reported on the program. D. UNFINISHED BUSINESS None. E. NEW BUSINESS 1. Commission Interviews a. Human Rights Commission b. Planning Commission c. Parks and Recreation Commission The Council interviewed three candidates for positions on the Planning Commission and Human Rights Commission. A fourth person was scheduled to be interviewed, but withdrew prior to the meeting. 2. Maplewood Community Center Discussions a. Facility Plan & Energy Improvement Project b. Current Trends/Market Analysis/Budget Outlook c. Strategy/Action Plan Packet Page Number 1 of 189 May 14, 2012 City Council Manager Workshop Minutes 2 Director of Parks and Recreation DuWayne Konewko introduced the discussion on the Community Center status. Jake Quinn of Trane Company, presented a proposal on the energy improvements proposed at MCC. Mr. Konewko described the status and future plans for the MCC operations. 3. Economic Development Initiatives a. Consolidation of BEDC and HRA Commissions b. Consolidation of Planning Commission with Community Design Review Board Assistant City Manager Chuck Ahl presented the agenda report. The Council discussed the report and gave direction on a number of initiatives, including direction to prepare a transition plan to consolidate the Business and Economic Development Commission with the Housing and Redevelopment Authority and also consolidate the Community Design Review Board with the Planning Commission. F. ADJOURNMENT Mayor Rossbach adjourned the meeting at 8:13 p.m. Packet Page Number 2 of 189 May 14, 2012 City Council Manager Workshop Minutes 1 Item E2 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 P.M. Monday, June 11, 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 5:20 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 Councilmember Koppen Ayes – All The motion passed. D. UNFINISHED BUSINESS 1. Commission Interviews a. Human Rights Commission The Council interviewed one candidate for a position on the Human Rights Commission. E. NEW BUSINESS 1. Discussion on Charitable Gambling Assistant City Manager Ahl presented the staff report and answered questions of the council. 2. Declaration of Intent to Close Meeting a. Regional Rail Property Negotiations The meeting was closed at 6:00 p.m. for the purpose of property negotiations discussion. The meeting was reconvened at 6:35 p.m. The Mayor summarized the closed session as a discussion regarding negotiations on the regional rail property. F. ADJOURNMENT Mayor Rossbach adjourned the meeting at 6:37 p.m. Packet Page Number 3 of 189 June 11, 2012 City Council Meeting Minutes 1 Item E3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, June 11, 2012 Council Chambers, City Hall Meeting No. 10-12 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03 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 M1. Fish Creek M2. Good Samaritan M3. Parking M4. Comcast M5. Thursday Ground Breaking M6. Moody Rating Councilmember Llanas moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of May 7, 2012 City Council Workshop Minutes Councilmember Juenemann moved to approve the May 7, 2012 City Council Workshop Minutes as submitted. Seconded by Councilmember Llanas Ayes – All The motion passed. 2. Approval of May 14, 2012 City Council Workshop Minutes Councilmember Juenemann moved to approve the May 14, 2012 City Council Workshop Minutes as submitted. Packet Page Number 4 of 189 June 11, 2012 City Council Meeting Minutes 2 Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of May 14, 2012 City Council Meeting Minutes Change minutes item D M2 to Tree City USA. Councilmember Llanas moved to approve the May 14, 2012 City Council Meeting Minutes as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Commission Appointments Councilmember Juenemann moved to approve the Resolution to Appoint Candidates to the Commission as indicated. RESOLUTION 12-5-741 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 - Nate Danielson, term expires May 1, 2014 Planning Commission Stephen Wensman, term expires December 31, 2012 Seconded by Councilmember Cardinal Ayes – All The motion passed. G. CONSENT AGENDA Councilmember Llanas requested that agenda item G2 be highlighted. Councilmember Cardinal requested that agenda item G14 be pulled for further discussion. Councilmember Juenemann requested agenda items G11 and G18 be highlighted. Mayor Rossbach moved to approve agenda items G1-G13 and G15-G18. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Packet Page Number 5 of 189 June 11, 2012 City Council Meeting Minutes 3 Mayor Rossbach moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 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 PAYROLL $ 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 Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of Agreement for Use of Harvest Park for the 2012 Susan G. Komen Twin Cities 3-Day Event City Clerk Guilfoile presented that staff report. Packet Page Number 6 of 189 June 11, 2012 City Council Meeting Minutes 4 Mayor Rossbach moved to approve the Susan G. Komen Race for the Cure Event Agreement. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of Temporary Gambling Permit for White Bear Avenue Business Association Mayor Rossbach moved to approve the Resolution for a Temporary Gambling Permit for White Bear Avenue Business Association to be used at the Ramsey County Fair. RESOLUTION 12-5-742 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. Seconded by Councilmember Koppen Ayes – All The motion passed. 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 Mayor Rossbach moved to approve the Storm Water Facilities Maintenance Agreement Between J&R Maplewood LLC and the City of Maplewood, LaMettry’s Collision Building, City Project 11- 21. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of Storm Water Facilities Maintenance Agreement Between Maplewood 2007 LLC and the City of Maplewood, Maplewood Town Center, City Project 12-02 Mayor Rossbach moved to approve the Storm Water Facilities Maintenance Agreement Between Maplewood 2007 LLC and the City of Maplewood, Maplewood Town Center, City Project 12-02. Seconded by Councilmember Koppen Ayes – All Packet Page Number 7 of 189 June 11, 2012 City Council Meeting Minutes 5 The motion passed. 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 Mayor Rossbach moved to approve the 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. Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Approval to Maintain Statutory Tort Liability Limits Mayor Rossbach moved to approve keeping the election in place to not waive the monetary limits on municipal tort liability established by Minnesota Statute 466.04. Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Approval of Resolution Authorizing Purchase of Insurance Agent Services Mayor Rossbach moved to approve the Resolution to retain Arthur J. Gallagher and Company as insurance agent for the City of Maplewood at a cost of $12,000. RESOLUTION 12-5-743 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 Koppen 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. Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Approval of Maplewood Community Center Budget Adjustments for 2012 Mayor Rossbach moved to approve the 2012 Budget Adjustments for the Maplewood Community Center. Seconded by Councilmember Koppen Ayes – All The motion passed. Packet Page Number 8 of 189 June 11, 2012 City Council Meeting Minutes 6 10. Approval of US Bank as a Discretionary Investment Manager and Custodian Mayor Rossbach moved to approve the Agreement using US Bank as a Discretionary Investment Manager and Custodian for the City’s investment portfolio. Seconded by Councilmember Koppen Ayes – All The motion passed. 11. Approval of Purchasing Policies and Procedures Finance Manager Bauman presented the staff report. Mayor Rossbach moved to approve the Purchasing Policies and Procedures. Seconded by Councilmember Koppen Ayes – All The motion passed. 12. Approval of Purchase for Water Proofing, Exterior Caulking and Crack Repair at Public Works / City Hall Mayor Rossbach moved to approve the Expenditures of $9,795 for Building Repairs and Maintenance using Western Waterproofing Company as the Contractor. Seconded by Councilmember Koppen Ayes – All The motion passed. 13. Approval of Purchase for Repairing Entryway Roofs at Maplewood Community Center Mayor Rossbach moved to approve the Expenditures of $10,350 to Repair the Roofs of the Four Entry Ways at the Maplewood Community Center using Ettel & Franz. Seconded by Councilmember Koppen Ayes – All The motion passed. 14. Approval of an Agreement with Trane to Perform a Facility Audit (Engineering Study) of the Maplewood Community Center Chief Building Engineer Farr presented the staff report and answered questions of the council. Councilmember Cardinal moved to approve the Agreement with Trane to Perform the Facility Audit for the Maplewood Community Center with Expenditures up to $40,000. Seconded by Councilmember Juenemann Ayes – All The motion passed. 15. Approval to Authorize Contract to Resurface the Tennis Courts at Playcrest and Harvest Parks Packet Page Number 9 of 189 June 11, 2012 City Council Meeting Minutes 7 Mayor Rossbach moved to approve the Expenditures of $45,414.00 for Tennis Court Doctor to Resurface the Tennis Courts at Playcrest and Harvest. Seconded by Councilmember Koppen Ayes – All The motion passed. 16. Approval of Services Agreement between the City of Maplewood and Kokoro Volleyball for Usage of Carver Community Gym Mayor Rossbach moved to approve the Services Agreement Between the City of Maplewood and Kokoro Vollyball for Usage of Carver Community Gym. Seconded by Councilmember Koppen Ayes – All The motion passed. 17. Approval of Social Media Contract with Gannett Local Mayor Rossbach moved to approve the Expenditures of $9,996.00 for Gannett Local to Provide Social Media Marketing Services. Seconded by Councilmember Koppen Ayes – All The motion passed. 18. Approval of Agreement with Pyrotechnic Display, Inc. for July 4th Fireworks City Clerk Guilfoile presented the staff report. Mayor Rossbach moved to approve the Expenditures of $15,000 for Pyrotechnic Display to Provide Fireworks Display at the Taste of Maplewood July 4th Celebration at Hazelwood Park. Seconded by Councilmember Koppen Ayes – All The motion passed. H. PUBLIC HEARING 1. Approval of Solid Waste Management Ordinance and Standards – Second Reading Environmental Planner Finwall presented the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. No one spoke. Mayor Rossbach closed the public hearing. Councilmember Llanas moved to approve the Second Reading of the Solid Waste Management Ordinance and Standards. Packet Page Number 10 of 189 June 11, 2012 City Council Meeting Minutes 8 ORDINANCE 921 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, Multiple-Family, 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. 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) Packet Page Number 11 of 189 June 11, 2012 City Council Meeting Minutes 9 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) Secs. 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. Sec. 30-52 Manufactured Homes, Townhomes May Opt In Secs. 30-53 – 3 0-59 Reserved. Article V - Collection Licenses (Residential, Multiple-Family, 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, Multiple-Family, Commercial) Sec. 30-1 - 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. Packet Page Number 12 of 189 June 11, 2012 City Council Meeting Minutes 10 (f) Provide high quality solid waste and recycling services in the most cost-effective manner possible. (g) Coordinate solid waste management among political subdivisions. 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. 30-2 - 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. Packet Page Number 13 of 189 June 11, 2012 City Council Meeting Minutes 11 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 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. Packet Page Number 14 of 189 June 11, 2012 City Council Meeting Minutes 12 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. 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. Packet Page Number 15 of 189 June 11, 2012 City Council Meeting Minutes 13 Sec. 30-3 – 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. 30-4 - 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. 30-5 - 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 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. 30-6 - 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. 30-7 - 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. 30-8 - Unauthorized Collections Packet Page Number 16 of 189 June 11, 2012 City Council Meeting Minutes 14 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. 30-9 - 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. Sec. 30-10 - 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. 30-11 - 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. 30-12 - 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. 30-13 - 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. Packet Page Number 17 of 189 June 11, 2012 City Council Meeting Minutes 15 Secs. 30-14 – Exceptions for Storm Clean-Up 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. Sections 30-15 – 30-20 Reserved Article II – Recycling Requirements (Residential, Multiple-Family, Commercial) Sec. 30-21 - 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. 30-22 - Collection of Recyclables from Multiple-Family 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 Packet Page Number 18 of 189 June 11, 2012 City Council Meeting Minutes 16 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. Sec. 30-23 - 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 30-24 - Collection of Source-Separated Compostable Materials Sections 30-25 – 30-40 Reserved Article III - Solid Waste Requirements (Residential) Sec. 30-41 - 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- 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 Packet Page Number 19 of 189 June 11, 2012 City Council Meeting Minutes 17 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. 30-42 - 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. 30-43 - Collection and Disposal of Garbage for Multiple-Family 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. 30-44 – Requirements to Dispose of Multiple-Family 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. 30-45 - 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 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 30-46 – 30-50 Reserved Packet Page Number 20 of 189 June 11, 2012 City Council Meeting Minutes 18 Article IV - Solid Waste Requirements (Multiple Family and Commercial) Sec. 30-51 – 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. 30-52 – Manufactured Homes, Townhouses May Opt-In 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 – 30-59 Reserved Article V - Collection Licenses (Residential, Multiple-Family, and Commercial) Sec. 30-60 - 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. 30-61 - 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 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. 30-62 – 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. Packet Page Number 21 of 189 June 11, 2012 City Council Meeting Minutes 19 (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. 30-63 - 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. Sec. 30-64 - 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. 30-65 - 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. 30-66 - 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. 30-67 – Prohibited Mailings (Residential and Multiple Family) Packet Page Number 22 of 189 June 11, 2012 City Council Meeting Minutes 20 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. 30-68 - 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. 30-69 - Volume-Based 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. Sections 30-70 – 30-75. Reserved Article VI – Disposal Sites (Generally) Sec. 30-76 - 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 30-77 – 30-105 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 June 11, 2012 Seconded by Councilmember Juenemann Ayes – All The motion passed. Packet Page Number 23 of 189 June 11, 2012 City Council Meeting Minutes 21 2. Approval of Ordinance Amendment Regarding Variances for Metal Storage Buildings, Section 12-5 (d) – First Reading Assistant City Manager Ahl presented the staff report and answered questions of the council. Mayor Rossabach opened the public hearing. No one spoke. Mayor Rossbach closed the public hearing. Councilmember Juenemann moved to approve the First Reading of the Ordinance Amendment Regarding Variances for Metal Storage Buildings, Section 12-5 (d). Seconded by Councilmember Llanas Ayes – All The motion passed. 3. Approval of Ordinance Amendment Regarding Variances for Commercial Use Antennas and Towers, Section 44-1334 – First Reading Assistant City Manager Ahl presented the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. No one spoke. Mayor Rossbach closed the public hearing. Councilmember Llanas moved to approve the First Reading of the Ordinance Amendment Regarding Variances for Commercial Use Antennas and Towers, Section 44-1334. Seconded by Councilmember Koppen Ayes – All The motion passed. I. UNFINISHED BUSINESS 1. Approval of Bartelmy-Meyer Area Street Improvements, Project 11-14, Resolution Adopting Revised Assessment Roll City Engineer/Deputy Public Works Director Thompson presented the staff report and answered questions of the council. The following people spoke: 1. Deena Drewes, Maplewood Resident Councilmember Juenemann moved to approve the Resolution Adopting the Revised Assessment Roll for the Bartelmy-Meyer Area Street Improvements, Project 11-14. RESOLUTION 12-5-744 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 Packet Page Number 24 of 189 June 11, 2012 City Council Meeting Minutes 22 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. 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. Packet Page Number 25 of 189 June 11, 2012 City Council Meeting Minutes 23 306.14. 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. 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 Packet Page Number 26 of 189 June 11, 2012 City Council Meeting Minutes 24 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. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Bid Award on Bonds – GO Improvement - 2012A and GO State Aid Street Refunding - 2012B Finance Manager Bauman presented the staff report and answered questions of the council. Kathy Aho, Client Representative from Springsted was present and addressed the council to give the report on the City’s Rating and Bid Award on Bonds. Mayor Rossbach opened the public hearing. No one spoke. Packet Page Number 27 of 189 June 11, 2012 City Council Meeting Minutes 25 Mayor Rossbach closed the public hearing. Councilmember Juenemann moved to approve the Resolution on Bid Awards the Bonds Go Improvement - 2012 A and GO State Aid Street Refunding – 2012B. 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 Juenemann 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 $5,330,000 (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 $450,000 (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 market value of the taxable property in the City ($3,168,106,800 times 0.25% is $7,920,267); 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 Packet Page Number 28 of 189 June 11, 2012 City Council Meeting Minutes 26 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of Sterne, Agee & Leach, Inc, Birmingham, AL (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 $5,902,268.85, 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 $570,000 2022 $145,000 2015 575,000 2024 300,000 2016 585,000 2026 315,000 2017 585,000 2028 330,000 2018 595,000 2019 605,000 2020 615,000 2021 560,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation. The Improvement Portion of the Bonds, being the aggregate principal amount of $5,330,000, 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 $450,000, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Equipment. Year Improvement Portion (Amount) Equipment Portion (Amount) Total Amount 2014 $510,000 $60,000 $570,000 2015 510,000 65,000 575,000 2016 520,000 65,000 585,000 2017 520,000 65,000 585,000 2018 530,000 65,000 595,000 2019 540,000 65,000 605,000 2020 550,000 65,000 615,000 2021 560,000 560,000 2022 145,000 145,000 Packet Page Number 29 of 189 June 11, 2012 City Council Meeting Minutes 27 2023 150,000 150,000 2024 150,000 150,000 2025 155,000 155,000 2026 160,000 160,000 2027 165,000 165,000 2028 165,000 165,000 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 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 Packet Page Number 30 of 189 June 11, 2012 City Council Meeting Minutes 28 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 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. Packet Page Number 31 of 189 June 11, 2012 City Council Meeting Minutes 29 (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 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 2.00% 2022 2.125 % 2015 2.00 2023 2.125 2016 2.00 2024 2.125 2017 2.00 2025 2.375 2018 2.00 2026 2.375 2019 2.00 2027 2.50 2020 2.00 2028 2.50 2021 2.00 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 32 of 189 June 11, 2012 City Council Meeting Minutes 30 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: 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 Packet Page Number 33 of 189 June 11, 2012 City Council Meeting Minutes 31 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 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 Packet Page Number 34 of 189 June 11, 2012 City Council Meeting Minutes 32 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 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, Packet Page Number 35 of 189 June 11, 2012 City Council Meeting Minutes 33 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. 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. Packet Page Number 36 of 189 June 11, 2012 City Council Meeting Minutes 34 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. 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. 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. Packet Page Number 37 of 189 June 11, 2012 City Council Meeting Minutes 35 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 $0.00; (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 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 Packet Page Number 38 of 189 June 11, 2012 City Council Meeting Minutes 36 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 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 Bartelmy-Meyer Area Sts 2011-2026 2012-2027 $2,180,000 Mill & Overlays 2012 2011-2019 2012-2020 2,080,000 Gladstone 2011-2019 2012-2020 1,070,000 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. Packet Page Number 39 of 189 June 11, 2012 City Council Meeting Minutes 37 (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: 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 Packet Page Number 40 of 189 June 11, 2012 City Council Meeting Minutes 38 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"). 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. Packet Page Number 41 of 189 June 11, 2012 City Council Meeting Minutes 39 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. (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. 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) Packet Page Number 42 of 189 June 11, 2012 City Council Meeting Minutes 40 requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18-month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 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 Llanas and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Mayor Rossbach, Councilmember Cardinal, Juenemann, Koppen and Llanas; and the following voted against the same: None. Whereupon the resolution was declared duly passed and adopted. Packet Page Number 43 of 189 June 11, 2012 City Council Meeting Minutes 41 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 EXHIBIT A PROPOSALS 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 $2,505,000 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 $2,505,000 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 Juenemann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $2,505,000 GENERAL OBLIGATION STATE-AID ROAD REFUNDING BONDS, SERIES 2012B AND PROVIDING FOR THEIR ISSUANCE Packet Page Number 44 of 189 June 11, 2012 City Council Meeting Minutes 42 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 D. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $2,505,000 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 Stifel, Nicolaus & Co., Inc., in Memphis, TN (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 $2,547,616.70, 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 $300,000 2021 $275,000 2017 300,000 2022 260,000 2018 300,000 2023 255,000 2019 280,000 2024 255,000 2020 280,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). Packet Page Number 45 of 189 June 11, 2012 City Council Meeting Minutes 43 (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a 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 Packet Page Number 46 of 189 June 11, 2012 City Council Meeting Minutes 44 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. (vii) 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. 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 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. Packet Page Number 47 of 189 June 11, 2012 City Council Meeting Minutes 45 (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 $4,136,943.75 for the Prior Bonds to a total dollar amount of $3,956,762.50 for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12, and accordingly the dollar amount of such present value of the debt service for the Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior Bonds as required in Minnesota Statutes, Section 475.67, Subdivision 12. The average annual amount of principal and interest due in all subsequent calendar years on the Bonds and on all other bonds payable from the City's account in the Municipal State-Aid Street Fund ($____________) 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 2.00% 2021 2.00% 2017 2.00 2022 2.00 2018 2.00 2023 2.25 2019 2.00 2024 2.25 2020 2.00 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 Packet Page Number 48 of 189 June 11, 2012 City Council Meeting Minutes 46 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: 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 Packet Page Number 49 of 189 June 11, 2012 City Council Meeting Minutes 47 payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption. All Bonds of this issue (the "Bonds") maturing on 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 $2,505,000, 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. Packet Page Number 50 of 189 June 11, 2012 City Council Meeting Minutes 48 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 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. 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 Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, Packet Page Number 51 of 189 June 11, 2012 City Council Meeting Minutes 49 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 RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk 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 52 of 189 June 11, 2012 City Council Meeting Minutes 50 ________________________________________ 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 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 Packet Page Number 53 of 189 June 11, 2012 City Council Meeting Minutes 51 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. 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. Packet Page Number 54 of 189 June 11, 2012 City Council Meeting Minutes 52 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 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. $2,504,978.68 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 Packet Page Number 55 of 189 June 11, 2012 City Council Meeting Minutes 53 imposed by the arbitrage regulations on such investments after taking into account any 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 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. Packet Page Number 56 of 189 June 11, 2012 City Council Meeting Minutes 54 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 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 Packet Page Number 57 of 189 June 11, 2012 City Council Meeting Minutes 55 $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 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. Packet Page Number 58 of 189 June 11, 2012 City Council Meeting Minutes 56 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 Llanas and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Mayor Rossbach, Council Members Cardinal, Juenemann, Koppen, and Llanas. and the following voted against the same: None. whereupon the resolution was declared duly passed and adopted. 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 $2,505,000 General Obligation State-Aid Road Refunding Bonds, Series 2012B. WITNESS my hand on June 11, 2012. ___________________________ Clerk Seconded by Councilmember Llanas Ayes – All The motion passed. J. NEW BUSINESS 1. Approval of Resolution Opposing the Proposed Marriage Amendment Councilmember Llanas presented the report. The following people spoke: 1. Arianne Maxwell, Maplewood Resident 2. Tim Kinley, Maplewood Resident 3. Jon Brandt, Human Rights Commission Chair Councilmember Cardinal moved that the vote should be unanimous. Packet Page Number 59 of 189 June 11, 2012 City Council Meeting Minutes 57 Motion died for lack of a second. Mayor Rossbach read the resolution. Councilmember Llanas moved to approve the Resolution Opposing the Proposed Marriage Amendment. 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 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 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. Seconded by Mayor Rossbach Ayes – Mayor Rossbach, Council Members Juenemann and Llanas Nays – Council Members Cardinal and Koppen The motion passed. 2. Approval of Architect Contract for New Fire Station Site Evaluation Assistant City Manager Ahl presented the staff report and answered questions of the council. Councilmember Koppen moved to approve the architect contract for new fire station site evaluation. Seconded by Councilmember Juenemann Ayes – Mayor Rossbach, Council Member Juenemann, Koppen and Llanas Nays – Councilmember Cardinal The motion passed. Packet Page Number 60 of 189 June 11, 2012 City Council Meeting Minutes 58 3. Consider Termination of Police and Fire Protection Services to City of Landfall City Manager presented the staff report and answered questions of the council. Jim Domar, Landfall resident addressed and spoke to the council. Mayor Rossbach moved to direct staff to follow the terms of the contract and work with Landfall as necessary to make preparations for the contractually guided termination of police services to the City of Landfall. Seconded by Councilmember Cardinal Ayes – All The motion passed. Mayor Rossbach moved to authorize City Manager Antonen to negotiate the termination of fire protection to the City of Landfall per that contractual agreement. Seconded by Councilmember Juenemann Ayes – All The motion passed. K. AWARD OF BIDS None. L. ADMINISTRATIVE PRESENTATIONS None. M. COUNCIL PRESENTATIONS 1. Fish Creek Councilmember Juenemann informed resident that the Fish Creek event will be held Saturday, June 16, 2012. The event will be held at the Fish Creek Bluff from 1:00 p.m. to 4:00 p.m. 2. Good Samaritan Councilmember Llanas encouraged residents to Google the story that happened in Maplewood on County Road B and Birmingham where a recently married mother of a 13-year old ran over a curb, hit a mailbox and a tree which resulted in her car starting on fire and how residents of Maplewood rushed into to help her save her life. 3. Parking Councilmember Koppen talked about a topic that was discussed at the listening forum early this evening regarding the overnight parking. He asked if a new resident to Maplewood could be given a warning ticket instead of a parking ticket. Chief Thomalla responded that it would be difficult to enforce. 4. Comcast Councilmember Cardinal informed residents that Comcast has a program to help kids that don’t have the internet at home for $9.95 per month plus tax. They have computers for sale for Packet Page Number 61 of 189 June 11, 2012 City Council Meeting Minutes 59 $149.99 and they do offer scholarships. A brochure will be left with the City Manager and City Clerk regarding this offer. 5. Thursday Ground Breaking Councilmember Cardinal informed residents that the ground breaking for the new fire training facility will be on Thursday, June 14, 2012. He asked that City Attorney Kantrud discuss the following with the Fire Chief prior to the groundbreaking so everyone has a consistent answer. • How we’re proceeding with groundbreaking when MNDot Owns that Land • If there’s a joint power agreement in place • How assessment will be handle 6. Moody Rating The item was covered during the regular council meeting. N. ADJOURNMENT Mayor Rossbach adjourned the meeting at 9:47 p.m. Packet Page Number 62 of 189 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Acceptance of the Minnesota Resuscitation Consortium Grant DATE: June 19, 2012 INTRODUCTION Maplewood EMS is dedicated to improving survival rates for patients that suffer from sudden cardiac arrest. Each year over 295,000 Americans suffer from a sudden cardiac arrest and statistically 7.9% survive from that event. Additionally, research has shown that only 31% of those patients receive some form of bystander CPR. Maplewood EMS has begun efforts to increase bystander CPR efforts by increasing awareness of sudden cardiac arrest and by teaching hands only CPR™. CPR classes have been offered to city employees, churches and businesses free of charge and att the beginning of 2012, Maplewood EMS began participating with the Minnesota Resuscitation Consortium by submitting cardiac arrest data to CARES which is a registry of data collection that will aim to improve cardiac arrest survival outcomes and therapies. By accepting this grant from the Minnesota Resuscitation Consortium, the city of Maplewood and Maplewood EMS will continue to aim to improve cardiac arrest survivability through lay public education, data collection, training and by ensuring the all residents and visitors of the city of Maplewood continue to receive industry leading emergency medical care. Grant funds will be used to purchase equipment bags and training equipment that will allow a more systematic approach to managing cardiac arrests. Funds will also be utilized to enhance current bystander CPR training with a goal of training thousands of bystanders in hands only CPR over the next five years. RECOMMENDATION I recommend that the city council accept the Grant from the Minnesota Resuscitation Consortium in the amount of $8,500 and to have the finance department make the necessary budget changes to the EMS fund. Packet Page Number 63 of 189 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 64 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx AGENDA NO.G-1 TO:City Council FROM:Finance Manager RE:APPROVAL OF CLAIMS DATE: 554,745.36$ Checks # 87203 thru # 87262 dated 6/6/12 thru 6/12/12 245,135.94$ Disbursements via debits to checking account dated 6/4/12 thru 6/8/12 577,944.01$ Checks # 87263 thru # 87320 dated 6/12/12 thru 6/19/12 444,683.56$ Disbursements via debits to checking account dated 6/11/12 thru 6/15/12 1,822,508.87$ Total Accounts Payable 518,140.58$ Payroll Checks and Direct Deposits dated 6/8/12 2,200.89$ Payroll Deduction check # 9986887thru # 9986890 dated 6/8/12 520,341.47$ Total Payroll 2,342,850.34$ 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 June 25, 2012 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 65 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx Check Description Amount 87203 02464 FUNDS FOR ATMS 10,000.00 87204 04508 GOODRICH UMPIRES THRU 06-04 6,162.00 04508 MCKNIGHT UMPIRES APRIL & MAY 4,264.00 87205 02396 REIMB FOR MILEAGE 3/12 - 5/29 74.37 87206 00585 NET BILLABE TICKETS - MAY 846.80 87207 03809 RED CROSS BABYSITTING INSTRUCTION 112.00 87208 02728 PROJ 09-08 PROF SRVS THRU 04/30 173,239.41 02728 PROJ 04-21 PROF SRVS THRU 04/30 47,499.83 02728 PROJ 08-13 PROF SRVS THRU 04/30 2,127.95 02728 PROJ 02-07 PROF SRVS THRU 04/30 1,576.75 87209 00393 MONTHLY SURTAX - MAY 14262123035 3,495.31 87210 01160 PROJ 11-15 TRAFFIC SIGNS RECONSTR 8,077.48 87211 01337 PLANTS IN YARD OF NC 131.46 87212 01574 BITUMINOUS MATERIALS NOT TO EXCEED 1,903.06 87213 04845 RECYCLING FEE - MAY 27,499.50 87214 01190 ELECTRIC UTILITY 13,993.73 01190 ELECTRIC UTILITY 99.89 87215 01798 CONTRACT GASOLINE - MAY 17,352.44 01798 CONTRACT DIESEL - MAY 9,468.90 87216 04848 MONTHLY PREMIUM - JUNE 230.48 87217 03738 ATTORNEY SRVS/RENT - JULY 6,775.00 87218 04260 REFUND FOR TRANS MEDIC 416.65 87219 02361 SECURITY OFFICER FOR MCC JUNE 2 175.00 87220 01865 ASSIGNMENTS 2ND HALF SPRING V-BALL 144.00 87221 00211 PROJ 04-21 PROF SRVS THRU 05/25 4,295.25 00211 PROJ 11-15 PROF SRVS THRU 5/18 357.25 87222 02929 LTC MONTHLY PREMIUM - JUNE 440.60 87223 01871 REFS 2ND HALF SPRING VOLLEYBALL 50.00 87224 03619 PROJ 11-14 SEWER TELEVISING 225.00 87225 04371 INSTALLED DOORS PD 8,666.50 87226 00462 REPAIR TORNADO SIREN #12 126.72 87227 00531 BLACK DIRT FOR SPILLWAY - ARCADE 128.26 87228 00644 MONTHLY PREMIUM - JUNE 11,931.06 87229 03538 REFS 2ND HALF SPRING VOLLEYBALL 400.00 87230 05012 TRAINING 06/08 20.00 87231 00809 REIMB FOR MEALS 5/29 - 5/31 34.40 87232 00932 EMPLOYEE RECOGNITION CAKE 34.20 87233 03818 MONTHLY PREMIUM - JUNE 159,765.61 87234 04193 FORFEITED VEHICLE STORAGE - APRIL 2,250.00 04193 FORFEITED VEHICLE STORAGE - MAY 2,250.00 87235 01035 REGISTRATION FEE 75.00 87236 01085 MONTHLY PREMIUM - JUNE 2,884.55 87237 01126 MONTHLY PREMIUM - JUNE 480.00 87238 02175 REIMB FOR MILEAGE 5/1 - 5/31 44.40 87239 00001 REFUND M BJORNSTAD PROJ 05-16 1,812.22 87240 00001 REFUND W NELSON CHANGE PROGRAM 96.72 87241 00001 REFUND K PECHACEK CHANGE PROG 87.50 87242 00001 REFUND C DOERING HP BENEFIT 40.00 87243 00001 REFUND G WILLITS BCBS BENEFIT 40.00 87244 00001 REFUND FLEISCHER UCARE BENEFIT 30.00 87245 00001 REFUND MCLAUGHLIN UCARE BENEFIT 15.00 87246 00001 REFUND M MUNSON GARAGE SALE 15.00 87247 04581 SUBSCRIPTION FOR LETS - JUNE 150.00 87248 01863 REFS 2ND HALF SPRING VOLLEYBALL 150.00 87249 04276 ART CLASS INSTRUCTION 1/26 - 3/1 432.00 04276 ART CLASS INSTRUCTION 1/28 - 3/3 336.00 87250 04953 REFS 2ND HALF SPRING VOLLEYBALL 100.00 87251 04779 SPRING CLEAN UP RECYCLING 765.00 87252 04054 DJ FOR SCHOOL DANCE - CARVER 200.00 06/12/2012 BETWEEN THE LINES 06/12/2012 BETWEEN THE LINES 06/12/2012 SHANN FINWALL Check Register City of Maplewood 06/08/2012 Date Vendor 06/06/2012 US BANK 06/12/2012 KIMLEY-HORN & ASSOCIATES INC 06/12/2012 KIMLEY-HORN & ASSOCIATES INC 06/12/2012 KIMLEY-HORN & ASSOCIATES INC 06/12/2012 GOPHER STATE ONE-CALL 06/12/2012 CASIE JACKSON 06/12/2012 KIMLEY-HORN & ASSOCIATES INC 06/12/2012 T.A. SCHIFSKY & SONS, INC 06/12/2012 TENNIS SANITATION LLC 06/12/2012 XCEL ENERGY 06/12/2012 DEPT OF LABOR & INDUSTRY 06/12/2012 NEWMAN TRAFFIC SIGNS 06/12/2012 RAMSEY COUNTY-PROP REC & REV 06/12/2012 AVESIS 06/12/2012 CHARLES E. BETHEL 06/12/2012 BLUE CROSS BLUE SHIELD OF MN 06/12/2012 XCEL ENERGY 06/12/2012 YOCUM OIL CO. 06/12/2012 YOCUM OIL CO. 06/12/2012 BRAUN INTERTEC CORP. 06/12/2012 CNAGLAC 06/12/2012 KENNETH COOPER 06/12/2012 JOHN BOHL 06/12/2012 DON BOWMAN 06/12/2012 BRAUN INTERTEC CORP. 06/12/2012 FRA-DOR INC. 06/12/2012 HEALTHPARTNERS 06/12/2012 PATRICK JAMES HUBBARD 06/12/2012 DRAIN KING INC 06/12/2012 ELECTRO WATCHMAN INC. 06/12/2012 EMBEDDED SYSTEMS, INC. 06/12/2012 MEDICA 06/12/2012 MIDAMERICA AUCTIONS 06/12/2012 MIDAMERICA AUCTIONS 06/12/2012 ISANTI CO FAMILY SUPPORT TEAM 06/12/2012 TOMMY KONG 06/12/2012 MAPLEWOOD BAKERY 06/12/2012 AMY NIVEN 06/12/2012 ONE TIME VENDOR 06/12/2012 ONE TIME VENDOR 06/12/2012 MN CHAPTER IAAI 06/12/2012 MN LIFE INSURANCE 06/12/2012 NCPERS MINNESOTA 06/12/2012 ONE TIME VENDOR 06/12/2012 ONE TIME VENDOR 06/12/2012 ONE TIME VENDOR 06/12/2012 ONE TIME VENDOR 06/12/2012 ONE TIME VENDOR 06/12/2012 ONE TIME VENDOR 06/12/2012 PARTNERS IN EDUCATION INC 06/12/2012 BARTON JAMES PECK 06/12/2012 PPL INDUSTRIES, INC. 06/12/2012 ORION SYSTEMS/NETWORKS 06/12/2012 ROGER PACKER 06/12/2012 PARTNERS IN EDUCATION INC 06/12/2012 STEVEN REED Packet Page Number 66 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx 87253 03446 DEER REMOVAL - MAY 115.00 87254 04264 WATERFEST EVENT 750.00 87255 02663 REFS 2ND HALF SPRING VOLLEYBALL 50.00 87256 01836 PROJF 10-14 WATER MAIN WORK 4,000.00 87257 00198 2050 KENNARD - IRRIGATION 81.18 87258 01915 REFS 2ND HALF SPRING VOLLEYBALL 150.00 87259 01550 ELECTRICAL INSPECTION - MAY 2,366.00 87260 04104 SRVS WORK ON AC CONDENSER MCC 5,725.90 87261 00529 LTD PLAN 4043120-2 - JUNE 4,376.82 00529 STD PLAN 4043120-1 - JUNE 2,311.21 87262 02464 PAYING AGENT FEES 425.00 554,745.36 06/12/2012 CARL SAARION 06/12/2012 CITY OF ST PAUL 06/12/2012 ST. PAUL REGIONAL WATER SRVS 06/12/2012 RICK JOHNSON DEER & BEAVER INC 06/12/2012 RWMWD 60 Checks in this report. 06/12/2012 UNION SECURITY INSURANCE CO 06/12/2012 UNION SECURITY INSURANCE CO 06/12/2012 US BANK 06/12/2012 NANCY STEFFEN 06/12/2012 SUMMIT INSPECTIONS 06/12/2012 TRANE U.S. INC. Packet Page Number 67 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx Settlement Date Payee Description Amount 6/4/2012 MN State Treasurer Drivers License/Deputy Registrar 32,472.43 6/4/2012 MN Dept of Natural Resources DNR electronic licenses 3,449.00 6/4/2012 Pitney Bowes Postage 2,985.00 6/4/2012 Optum Health DCRP & Flex plan payments 5,485.55 6/5/2012 MN State Treasurer Drivers License/Deputy Registrar 39,326.78 6/6/2012 MN State Treasurer Drivers License/Deputy Registrar 32,801.78 6/7/2012 MN State Treasurer Drivers License/Deputy Registrar 47,585.95 6/8/2012 MN State Treasurer Drivers License/Deputy Registrar 11,428.82 6/8/2012 MN Dept of Natural Resources DNR electronic licenses 2,139.00 6/8/2012 US Bank VISA One Card*Purchasing card items 35,631.48 6/8/2012 ICMA (Vantagepointe)Deferred Compensation 4,295.15 6/8/2012 ING - State Plan Deferred Compensation 27,535.00 TOTAL 245,135.94 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 68 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx Transaction Date Posting Date Merchant Name Transaction Amount Name 05/23/2012 05/24/2012 SPRI PRODUCTS, INC $132.82 MANDY ANZALDI 05/18/2012 05/21/2012 UNIFORMS UNLIMITED INC.$20.30 LONN BAKKE 05/29/2012 05/31/2012 PITNEY BOWES INVOICE $887.00 GAYLE BAUMAN 05/18/2012 05/21/2012 WWW.NEWEGG.COM $31.98 CHAD BERGO 05/23/2012 05/25/2012 ACORN NATURALISTS-INTE $49.13 OAKLEY BIESANZ 05/25/2012 05/28/2012 ACORN NATURALISTS-INTE $18.90 OAKLEY BIESANZ 05/31/2012 06/01/2012 KOHL'S #0052 $76.97 JOHN BOHL 05/18/2012 05/21/2012 TARGET 00011858 $10.71 NEIL BRENEMAN 05/18/2012 05/21/2012 SUPERAMERICA 4089 $3.58 NEIL BRENEMAN 05/18/2012 05/21/2012 SUPERAMERICA 4089 $4.69 NEIL BRENEMAN 05/31/2012 06/01/2012 TRUCK UTILITIES INC $80.86 TROY BRINK 05/24/2012 05/25/2012 FIRST SHRED $30.00 SARAH BURLINGAME 05/21/2012 05/23/2012 BROWNELLS INC $204.49 DAN BUSACK 05/26/2012 05/28/2012 NORTHWOOD POWER EQUIPM $2.68 JOHN CAPISTRANT 05/29/2012 05/31/2012 THE HOME DEPOT 2801 $15.57 JOHN CAPISTRANT 05/24/2012 05/25/2012 BATTERIES PLUS #31 $27.85 SCOTT CHRISTENSON 05/31/2012 06/01/2012 HENRIKSEN ACE HARDWARE $18.68 SCOTT CHRISTENSON 05/31/2012 06/01/2012 VIKING ELECTRIC - CREDIT $134.60 SCOTT CHRISTENSON 05/31/2012 06/01/2012 WW GRAINGER $50.86 SCOTT CHRISTENSON 05/31/2012 06/01/2012 WW GRAINGER $104.82 SCOTT CHRISTENSON 05/29/2012 05/30/2012 MINNESOTACO $236.79 KERRY CROTTY 05/19/2012 05/21/2012 PATIO TOWN $1.47 CHARLES DEAVER 05/22/2012 05/23/2012 MENARDS 3022 $11.36 CHARLES DEAVER 05/18/2012 05/21/2012 TARGET 00011858 $4.27 RICHARD DOBLAR 05/18/2012 05/21/2012 MINNESOTACO $77.49 RICHARD DOBLAR 05/18/2012 05/21/2012 UNIFORMS UNLIMITED INC.$34.52 RICHARD DOBLAR 05/18/2012 05/21/2012 WW GRAINGER $21.57 TOM DOUGLASS 05/22/2012 05/23/2012 TWIN CITY HARDWARE HADLEY $22.84 TOM DOUGLASS 05/22/2012 05/23/2012 WW GRAINGER $7.17 TOM DOUGLASS 05/24/2012 05/25/2012 WW GRAINGER $11.39 TOM DOUGLASS 05/24/2012 05/28/2012 THE HOME DEPOT 2801 $52.07 TOM DOUGLASS 05/26/2012 05/28/2012 NUCO2 01 OF 01 $734.66 TOM DOUGLASS 05/30/2012 06/01/2012 THE HOME DEPOT 2801 $32.47 TOM DOUGLASS 05/31/2012 06/01/2012 HENRIKSEN ACE HARDWARE $8.55 TOM DOUGLASS 05/31/2012 06/01/2012 WW GRAINGER $40.17 TOM DOUGLASS 05/17/2012 05/21/2012 TACTIC TAILOR INC $108.78 MICHAEL DUGAS 05/18/2012 05/21/2012 TAG $276.89 MICHAEL DUGAS 05/23/2012 05/25/2012 SKD TACTICAL $59.29 MICHAEL DUGAS 05/24/2012 05/28/2012 TAG $109.84 MICHAEL DUGAS 05/21/2012 05/22/2012 JOHN DEERE LANDSCAPES530 $18.68 DAVE EDSON 05/22/2012 05/23/2012 JOHN DEERE LANDSCAPES530 $210.33 DAVE EDSON 05/22/2012 05/23/2012 JOHN DEERE LANDSCAPES530 $59.88 DAVE EDSON 05/23/2012 05/24/2012 JOHN DEERE LANDSCAPES530 $229.10 DAVE EDSON 05/24/2012 05/25/2012 HENRIKSEN ACE HARDWARE $14.44 DAVE EDSON 05/25/2012 05/28/2012 NORTHERN TOOL EQUIP-MN $64.25 DAVE EDSON 05/26/2012 05/28/2012 OREILLY AUTO 00020743 $17.10 PAUL E EVERSON 05/28/2012 05/29/2012 CUB FOODS, INC.$11.48 PAUL E EVERSON 05/30/2012 05/31/2012 EMERGENCY AUTOMOTIVE $50.40 PAUL E EVERSON 05/18/2012 05/22/2012 WW GRAINGER $607.18 LARRY FARR 05/22/2012 05/23/2012 BEST BUY MHT 00000158 $44.97 LARRY FARR 05/22/2012 05/24/2012 OFFICE MAX $61.04 LARRY FARR 05/22/2012 05/24/2012 THE HOME DEPOT 2801 $210.63 LARRY FARR 05/24/2012 05/28/2012 OFFICE MAX $113.48 LARRY FARR 05/25/2012 05/28/2012 BROCK WHITE ST PAUL 180 $420.69 LARRY FARR 05/29/2012 05/30/2012 AQUA LOGICS INC $93.12 LARRY FARR 05/30/2012 05/31/2012 MENARDS 3282 $153.65 LARRY FARR Packet Page Number 69 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx 05/21/2012 05/23/2012 THE HOME DEPOT 2801 $24.40 SHANN FINWALL 05/21/2012 05/22/2012 THE UPS STORE 2171 $187.93 MYCHAL FOWLDS 05/22/2012 05/22/2012 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 05/24/2012 05/25/2012 BEST BUY MHT 00000158 $117.79 MYCHAL FOWLDS 05/25/2012 05/28/2012 APL*APPLE ITUNES STORE $11.76 MYCHAL FOWLDS 05/24/2012 05/25/2012 LA POLICE GEAR INC $59.99 DEREK FRITZE 05/23/2012 05/24/2012 MENARDS 3129 $50.15 VIRGINIA GAYNOR 05/24/2012 05/28/2012 THE HOME DEPOT 2801 $136.52 VIRGINIA GAYNOR 05/30/2012 05/31/2012 GULF OIL 92045490 $17.76 VIRGINIA GAYNOR 05/25/2012 05/28/2012 MENARDS 3059 ($1.95)CLARENCE GERVAIS 05/25/2012 05/28/2012 MENARDS 3059 $29.87 CLARENCE GERVAIS 05/22/2012 05/23/2012 RADIO CAB COMPANY $9.00 KAREN GUILFOILE 05/25/2012 05/28/2012 DOUBLETREE BY HILTON F&B $24.00 KAREN GUILFOILE 05/25/2012 05/28/2012 DOUBLETREE BY HILTON PORT $1,219.84 KAREN GUILFOILE 05/29/2012 05/31/2012 RADIO CAB COMPANY $8.70 KAREN GUILFOILE 05/29/2012 05/31/2012 MIRACLES OF MITCH FOUNDAT $50.00 KAREN GUILFOILE 05/17/2012 05/21/2012 CONTINENTAL SAFETY EQUIPM $143.28 MARK HAAG 05/23/2012 05/24/2012 FASTENAL COMPANY01 $68.88 MARK HAAG 05/30/2012 06/01/2012 CONTINENTAL SAFETY EQUIPM $162.73 MARK HAAG 05/30/2012 06/01/2012 LTG POWER EQUIPMENT $267.18 MARK HAAG 05/31/2012 06/01/2012 HENRIKSEN ACE HARDWARE $14.98 MILES HAMRE 05/25/2012 05/28/2012 MENARDS 3022 $34.76 TAMARA HAYS 05/25/2012 05/28/2012 SHOPKO 00201798 $35.96 STEVEN HIEBERT 05/17/2012 05/21/2012 GRUBERS POWER EQUIPMENT $35.26 GARY HINNENKAMP 05/24/2012 05/25/2012 HENRIKSEN ACE HARDWARE $14.23 GARY HINNENKAMP 05/24/2012 05/25/2012 ROCKLER WOOD*$52.46 GARY HINNENKAMP 05/24/2012 05/25/2012 ROCKLER WOOD*$12.84 GARY HINNENKAMP 05/30/2012 06/01/2012 LTG POWER EQUIPMENT $5.77 GARY HINNENKAMP 05/29/2012 05/31/2012 THE HOME DEPOT 2801 $35.33 RON HORWATH 05/23/2012 05/24/2012 TARGET 00006940 $43.88 ANN HUTCHINSON 05/23/2012 05/24/2012 TOSHIBA BUSINESS SOLUTION $842.59 ANN HUTCHINSON 05/23/2012 05/25/2012 DALCO ENTERPRISES, INC $960.84 DAVID JAHN 05/25/2012 05/28/2012 RAINBOW FOODS 00088617 $12.18 TOM KALKA 05/21/2012 05/21/2012 COMCAST CABLE COMM $149.79 DUWAYNE KONEWKO 05/24/2012 05/25/2012 BEST BUY MHT 00000109 $53.55 JASON KREGER 05/24/2012 05/28/2012 OFFICE MAX $10.70 JASON KREGER 05/25/2012 05/25/2012 HP DIRECT-PUBLICSECTOR $1,971.10 JASON KREGER 05/25/2012 05/28/2012 CDW GOVERNMENT $296.31 JASON KREGER 05/17/2012 05/21/2012 MILLS FLEET FARM #2,700 $200.08 NICHOLAS KREKELER 05/21/2012 05/23/2012 MILLS FLEET FARM #2,700 $26.34 NICHOLAS KREKELER 05/22/2012 05/23/2012 MENARDS 3059 $7.99 NICHOLAS KREKELER 05/29/2012 05/30/2012 CC MILITARY SURPLU $54.95 NICHOLAS KREKELER 05/29/2012 05/31/2012 OFFICE MAX $74.00 NICHOLAS KREKELER 05/23/2012 05/25/2012 STRAUSS SKATE AND BICY $49.96 BRETT KROLL 05/18/2012 05/21/2012 STREICHER'S MO $906.51 DAVID KVAM 05/18/2012 05/21/2012 LAW ENFORCEMENT TARGETS $113.46 DAVID KVAM 05/22/2012 05/24/2012 PARABEN CORPORATION $234.00 DAVID KVAM 05/31/2012 06/01/2012 UNIFORMS UNLIMITED INC.$59.76 DAVID KVAM 05/24/2012 05/25/2012 UNIFORMS UNLIMITED INC.$696.38 SCOTT LANGNER 05/20/2012 05/21/2012 KOHL'S #0408 $151.71 TODD LANGNER 05/23/2012 05/24/2012 BEST BUY MHT 00000109 $305.28 STEVE LUKIN 05/30/2012 05/31/2012 RAINBOW FOODS 00088617 $44.85 STEVE LUKIN 05/21/2012 05/23/2012 BOTACH TACTICAL $25.98 JASON MARINO 05/26/2012 05/28/2012 HUBERT'S $25.00 JASON MARINO 05/11/2012 05/21/2012 BOUND TREE MEDICAL LLC $439.20 MICHAEL MONDOR 05/17/2012 05/21/2012 VIDACARE CORPORATION $998.44 MICHAEL MONDOR 05/22/2012 05/23/2012 BECKER FIRE & SAFETY SERV $43.22 MICHAEL MONDOR Packet Page Number 70 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx 05/22/2012 05/24/2012 BOUND TREE MEDICAL LLC $241.09 MICHAEL MONDOR 05/22/2012 05/24/2012 BOUND TREE MEDICAL LLC $298.50 MICHAEL MONDOR 05/23/2012 05/24/2012 UNIFORMS UNLIMITED INC.$149.50 MICHAEL MONDOR 05/29/2012 05/31/2012 BOUND TREE MEDICAL LLC $23.07 MICHAEL MONDOR 05/24/2012 05/25/2012 MENARDS 3022 $44.80 JOHN NAUGHTON 05/17/2012 05/21/2012 MICHAELS #2744 $85.68 AMY NIVEN 05/21/2012 05/23/2012 OFFICE DEPOT #1090 $144.03 AMY NIVEN 05/23/2012 05/25/2012 OFFICE DEPOT #1090 ($2.75)AMY NIVEN 05/24/2012 05/28/2012 OFFICE DEPOT #1090 $45.00 AMY NIVEN 05/18/2012 05/21/2012 BROADWAY RENTAL $846.07 CHRISTINE PENN 05/22/2012 05/24/2012 BROADWAY RENTAL $165.19 CHRISTINE PENN 05/23/2012 05/25/2012 DOLRTREE 3150 00031500 $77.93 CHRISTINE PENN 05/25/2012 05/28/2012 BROADWAY RENTAL ($165.19)CHRISTINE PENN 05/27/2012 05/29/2012 SHELL OIL 57444610000 $24.63 ROBERT PETERSON 05/18/2012 05/21/2012 EAGLE MOUNTAIN CO.$42.80 PHILIP F POWELL 05/22/2012 05/23/2012 SKS BOTTLE&PACKAGING INC $128.33 PHILIP F POWELL 05/29/2012 05/31/2012 HP HOME STORE $131.73 PHILIP F POWELL 05/29/2012 06/01/2012 SIRCHIE FINGER PRINT LABO $353.73 PHILIP F POWELL 05/17/2012 05/21/2012 DAVIS EQUIPMENT $114.98 STEVEN PRIEM 05/18/2012 05/21/2012 AUTO PLUS NO ST PAUL $10.60 STEVEN PRIEM 05/21/2012 05/22/2012 AUTO PLUS NO ST PAUL $202.96 STEVEN PRIEM 05/21/2012 05/22/2012 PIONEER RIM & WHEEL $84.43 STEVEN PRIEM 05/21/2012 05/22/2012 POLAR CHEVROLET MAZDA SER $193.57 STEVEN PRIEM 05/21/2012 05/23/2012 TOUSLEY FORD I27228006 $264.37 STEVEN PRIEM 05/22/2012 05/23/2012 FACTORY MTR PTS #1 $97.86 STEVEN PRIEM 05/22/2012 05/23/2012 FACTORY MOTOR PARTS #19 $366.69 STEVEN PRIEM 05/22/2012 05/24/2012 TOUSLEY FORD I27228006 $64.90 STEVEN PRIEM 05/22/2012 05/24/2012 TRI-STATE BOBCAT INC.$134.81 STEVEN PRIEM 05/23/2012 05/25/2012 AUTO PLUS NO ST PAUL $11.19 STEVEN PRIEM 05/24/2012 05/25/2012 AUTO PLUS NO ST PAUL $70.37 STEVEN PRIEM 05/24/2012 05/25/2012 AUTO PLUS NO ST PAUL $15.24 STEVEN PRIEM 05/24/2012 05/25/2012 AUTO PLUS NO ST PAUL $220.77 STEVEN PRIEM 05/24/2012 05/25/2012 HENRIKSEN ACE HARDWARE $18.58 STEVEN PRIEM 05/24/2012 05/25/2012 BAUER BUILT TIRE 18 $563.37 STEVEN PRIEM 05/25/2012 05/28/2012 TOUSLEY FORD I27228006 $589.15 STEVEN PRIEM 05/29/2012 05/30/2012 ZARNOTH BRUSH WORKS INC $551.26 STEVEN PRIEM 05/29/2012 05/30/2012 BAUER BUILT TIRE 18 $401.40 STEVEN PRIEM 05/30/2012 05/31/2012 FACTORY MTR PTS #1 $21.17 STEVEN PRIEM 05/30/2012 06/01/2012 TOUSLEY FORD I27228006 $41.94 STEVEN PRIEM 05/30/2012 06/01/2012 BARNETT CHRYJEEPKIA $103.70 STEVEN PRIEM 05/30/2012 06/01/2012 BARNETT CHRYJEEPKIA $136.26 STEVEN PRIEM 05/31/2012 06/01/2012 AUTO PLUS NO ST PAUL $39.49 STEVEN PRIEM 05/31/2012 06/01/2012 GOODYEAR AUTO SRV CT 6920 $102.02 STEVEN PRIEM 05/22/2012 05/23/2012 HILLYARD INC MINNEAPOLIS $1,092.50 MICHAEL REILLY 05/22/2012 05/24/2012 DALCO ENTERPRISES, INC $364.81 MICHAEL REILLY 05/25/2012 05/28/2012 HILLYARD INC MINNEAPOLIS $981.60 MICHAEL REILLY 05/19/2012 05/21/2012 TARGET 00006197 ($531.43)AUDRA ROBBINS 05/19/2012 05/21/2012 TARGET 00006197 $531.43 AUDRA ROBBINS 05/23/2012 05/25/2012 OFFICE MAX $20.12 AUDRA ROBBINS 05/24/2012 05/28/2012 MINNESOTA PREMIER PUBLICA $200.00 AUDRA ROBBINS 05/30/2012 05/31/2012 LILLIE SUBURBAN NEWSPAPE $75.00 AUDRA ROBBINS 05/30/2012 05/31/2012 THE STAR TRIBUNE ONLINE $71.00 AUDRA ROBBINS 05/30/2012 06/01/2012 PIONEER PRESS ADVERTISING $70.14 AUDRA ROBBINS 05/31/2012 06/01/2012 HENRIKSEN ACE HARDWARE $21.41 ROBERT RUNNING 05/18/2012 05/21/2012 LILLIE SUBURBAN NEWSPAPE $495.00 DEB SCHMIDT 05/30/2012 05/31/2012 LILLIE SUBURBAN NEWSPAPE $294.00 DEB SCHMIDT 05/22/2012 05/24/2012 ON SITE SANITATION INC $16.83 SCOTT SCHULTZ Packet Page Number 71 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx 05/24/2012 05/25/2012 POLLUTION CONTROL AGENCY $300.00 SCOTT SCHULTZ 05/29/2012 05/31/2012 USA MOBILITY WIRELE $16.11 SCOTT SCHULTZ 05/29/2012 05/31/2012 ON SITE SANITATION INC $995.03 SCOTT SCHULTZ 05/18/2012 05/21/2012 TARGET 00000687 $46.03 CAITLIN SHERRILL 05/23/2012 05/24/2012 TARGET 00011858 $7.27 CAITLIN SHERRILL 05/21/2012 05/22/2012 PAYPAL *FORWARDDISC $49.95 MICHAEL SHORTREED 05/22/2012 05/23/2012 WWW.CLEVERBRIDGE.NET $262.86 MICHAEL SHORTREED 05/29/2012 05/30/2012 NAT ASSN TOWN WATCH $1,232.50 MICHAEL SHORTREED 05/21/2012 05/22/2012 SPECIALIZED ARMAMENT WARE $400.00 JOANNE SVENDSEN 05/21/2012 05/22/2012 JOHN DEERE LANDSCAPES530 $54.63 RONALD SVENDSEN 05/23/2012 05/25/2012 THE HOME DEPOT 2801 $213.18 RONALD SVENDSEN 05/22/2012 05/23/2012 CAMPBELL GRAPHICS INC $2,950.66 JAMES TAYLOR 05/17/2012 05/21/2012 CVS PHARMACY #1751 Q03 $14.55 PAUL THIENES 05/29/2012 05/31/2012 FRONTIER AI 4227064543487 $120.60 DAVID THOMALLA 05/24/2012 05/28/2012 EXPRESS # 0691 $132.22 JOSEPH TRAN 05/31/2012 06/01/2012 AMAZON MKTPLACE PMTS $47.85 KAREN WACHAL 05/22/2012 05/24/2012 STREICHER'S MPLS $152.97 JAY WENZEL 05/31/2012 06/01/2012 RELIABLE $57.47 SUSAN ZWIEG $35,631.48 Packet Page Number 72 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx Check Description Amount 87263 05014 SOUND SYS/STAGE LIGHTING JULY 4TH 800.00 87264 00001 R BRADBURY T/S MISSED 6/8 PAYROLL 430.24 87265 00857 REGISTRATION FEE 350.00 87266 04842 ZUMBA INSTRUCTION NSP - MAY 270.00 87267 00240 APPLICANT BACKGROUND CHECKS 50.00 87268 00399 PAINT FOR MESSAGE PAINTING 966.36 87269 04374 AMBUTRAK LICENSE FEE 399.00 87270 01973 CAR WASHES - MAY 72.00 87271 00585 NET BILLABLE TICKETS - MARCH 437.90 00585 NET BILLABLE TICKETS - MARCH -304.50 87272 04917 PROJ 04-21 GLADSTONE I PARTPMT#7 144,800.56 87273 01819 LOCAL PHONE SERVICE 04/15 - 05/14 773.09 87274 04265 ZUMBA INSTRUCTION - MAY 232.50 87275 01337 911 DISPATCH SERVICES - MAY 27,409.41 01337 FLEET SUPPORT FEE - MAY 455.52 01337 FLEET SUPPORT FEE - MAY 414.96 87276 01409 PROJ 09-08 CONSULTANT SERVICES 180,651.48 01409 PROJ 09-09 CONSULTANT SERVICES 40,434.77 01409 PROJ 04-21 CONSULTANT SERVICES 12,487.53 01409 PROJ 11-19 CONSULTANT SERVICES 6,796.85 01409 PROJ 11-22 CONSULTANT SERVICES 1,628.10 01409 CONSULTANT SERVICES 670.35 87277 02274 SPRINT SRVS 04/15 -05/14 7,580.82 87278 01546 DAY CAMP & STAFF SHIRTS 1,483.75 01546 MCC LIFEGAURD SHIRT & SHORTS 519.00 01546 MDSE FOR RESALE 300.00 87279 01574 PROJ 11-14 BARTELMY/MEYER PMT#1 42,090.70 01574 BITUMINOUS MATERIALS NOT TO EXCEED 1,188.04 87280 04252 DUMP BODY AND EQUIPMENT~28,948.16 87281 01190 ELECTRIC UTILITY 871.30 87282 00058 TOOL ALLOWANCE - 2012 425.00 87283 00111 PATROL & BOARDING FEE 5/21 - 6/10 2,255.02 87284 02324 SITE PREP/HERBICIDE-BEAVER CREEK 992.01 87285 02366 REMOVE & INSTALL CONDENSER UNIT 3,965.00 87286 00211 PROJ 09-08 PROF SRVS THRU 05/18 10,495.00 87287 04051 REIMB FOR FAMILY MEMBERSHIP 103.70 87288 04549 ZUMBA INSTRUCTION - MAY 114.00 87289 04311 REIMB FOR MEALS 6/4 - 6/6 17.17 87290 00003 ESCROW REL KETTLER 367 SOPHIA 1,500.00 87291 00003 ESCROW REL VINTAGE 2525 MAYER 750.00 87292 04967 REIMB FOR GUN SAFE 150.00 87293 04989 GUITAR INSTRUCTION 252.00 87294 04846 MEDICAL SUPPLIES 358.46 87295 02945 2011 MEDICAL DIRECTION 10,000.00 87296 05015 ESCROW RELEASE 975 LAKEWOOD DR S 3,718.18 87297 04914 DEAD ELM REMOVAL 1336 KOHLMAN 825.00 87298 00891 MEETING 4/12 20.00 87299 04790 DANCE INSTRUCTION 676.00 87300 00986 MONTHLY SAC - MAY 16,389.45 87301 01069 BBALL BACKBOARD-ROBINHOOD PARK 810.97 87302 04988 ACUPUNCTURIST - MAY 135.00 87303 04849 TEXAS HOLD'EM INSTRUCTOR - MAY 108.00 87304 00001 REFUND G JURADO TRANS MEDIC 1,225.40 87305 00001 REIMB T DEVANEY SPRINKLER SYS REPAIR 415.00 87306 00001 REFUND A ANGUS HP BENEFIT 260.00 87307 00001 REFUND S JUNGBAUER MEDICA 180.00 87308 00001 REIMB J GREGERSON MAILBOX 159.32 87309 00001 REIMB AMBORN TOP SOIL & SEED 40.56 87310 04112 RADIOS FOR FLEET VEHICLES 2,065.72 87311 00396 TRANSFER TITLES OF FORFEITED VEH 64.50 Check Register City of Maplewood 06/14/2012 Date Vendor 06/12/2012 ICABOD PRODUCTIONS LLC 06/19/2012 C.S.C. CREDIT SERVICES 06/19/2012 DIAMOND VOGEL PAINTS 06/19/2012 EMS TECHNOLOGY SOLUTIONS, LLC 06/12/2012 ONE TIME VENDOR 06/14/2012 LEAGUE OF MINNESOTA CITIES 06/19/2012 MARY JOSEPHINE ANDERSON 06/19/2012 LUNDA CONSTRUCTION CO. 06/19/2012 PAETEC 06/19/2012 MARIA PIRELA 06/19/2012 ERICKSON OIL PRODUCTS INC 06/19/2012 GOPHER STATE ONE-CALL 06/19/2012 GOPHER STATE ONE-CALL 06/19/2012 S.E.H. 06/19/2012 S.E.H. 06/19/2012 S.E.H. 06/19/2012 RAMSEY COUNTY-PROP REC & REV 06/19/2012 RAMSEY COUNTY-PROP REC & REV 06/19/2012 RAMSEY COUNTY-PROP REC & REV 06/19/2012 SPRINT 06/19/2012 SUBURBAN SPORTSWEAR 06/19/2012 SUBURBAN SPORTSWEAR 06/19/2012 S.E.H. 06/19/2012 S.E.H. 06/19/2012 S.E.H. 06/19/2012 TOWMASTER TRUCK EQUIP. INC. 06/19/2012 XCEL ENERGY 06/19/2012 CRAIG AICHELE 06/19/2012 SUBURBAN SPORTSWEAR 06/19/2012 T.A. SCHIFSKY & SONS, INC 06/19/2012 T.A. SCHIFSKY & SONS, INC 06/19/2012 BRAUN INTERTEC CORP. 06/19/2012 BRENT BUCKLEY 06/19/2012 JAN ALICE CAMPBELL 06/19/2012 ANIMAL CONTROL SERVICES 06/19/2012 APPLIED ECOLOGICAL SERVICES 06/19/2012 ARMSTRONG CRANE & RIGGING CORP 06/19/2012 MARCUS FORSYTHE 06/19/2012 AARON GRAHAM GLADE 06/19/2012 HEALTHEAST 06/19/2012 JOSEPH DEMULLING 06/19/2012 ESCROW REFUND 06/19/2012 ESCROW REFUND 06/19/2012 M A M A 06/19/2012 MAYER ARTS, INC. 06/19/2012 METROPOLITAN COUNCIL 06/19/2012 HEALTHEAST MEDICAL 06/19/2012 JHL CONSTRUCTION, INC. 06/19/2012 KAMCO 06/19/2012 ONE TIME VENDOR 06/19/2012 ONE TIME VENDOR 06/19/2012 ONE TIME VENDOR 06/19/2012 MN WI PLAYGROUND 06/19/2012 ANN MONGEAU 06/19/2012 RICHARD NIELSEN 06/19/2012 PROFESSIONAL WIRELESS COMM 06/19/2012 DEPT OF PUBLIC SAFETY 06/19/2012 ONE TIME VENDOR 06/19/2012 ONE TIME VENDOR 06/19/2012 ONE TIME VENDOR Packet Page Number 73 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx 87312 01397 KENNARD ST/BRADLEY ST IRRIGATION 780.00 87313 04074 T'AI CHI INSTRUCTION - SUMMER 131.40 87314 04883 COMMAND TRAINING CENTER 2,084.00 87315 01836 ASPHALT MIX - MAY 72.08 87316 04965 CERAMICS INSTRUCTOR - MAY 275.00 87317 04104 RENTAL AGREEMENT - CONDENSER 9,176.16 87318 01669 TOWING FORFEITED VEHICLES - MAY 1,422.52 87319 04357 BIOMEDICAL SRVS ON DEFIBRILLATORS 603.00 04357 BIOMEDICAL SRVS ON DEFIBRILLATORS 72.00 87320 05013 SRVS AGREEMENT WORK ON EQUIP 939.25 05013 SRVS AGREEMNT WORK ON EQUIP 710.25 06/19/2012 RYAN PLUMBING & HEATING CO. 06/19/2012 SANDRA JEAN STAUNER 06/19/2012 TRANE U.S. INC. 06/19/2012 TWIN CITIES TRANSPORT & 06/19/2012 ELAINE SCHRADE 06/19/2012 SPRING LAKE PARK FIRE DEPT INC 06/19/2012 CITY OF ST PAUL 06/19/2012 YALE MECHANICAL 577,944.01 58 Checks in this report. 06/19/2012 UNIVERSAL HOSPITAL SRVS, INC. 06/19/2012 UNIVERSAL HOSPITAL SRVS, INC. 06/19/2012 YALE MECHANICAL Packet Page Number 74 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx Settlement Date Payee Description Amount 6/11/2012 MN State Treasurer Drivers License/Deputy Registrar 32,361.84 6/11/2012 U.S. Treasurer Federal Payroll Tax 95,660.57 6/11/2012 P.E.R.A.P.E.R.A.90,983.77 6/12/2012 MN State Treasurer Drivers License/Deputy Registrar 30,640.92 6/12/2012 MN Dept of Revenue Sales Tax 47,863.82 6/12/2012 MidAmerica - ING HRA Flex plan 15,948.50 6/12/2012 Labor Unions Union Dues 1,886.00 6/13/2012 MN State Treasurer Drivers License/Deputy Registrar 23,033.20 6/13/2012 MN State Treasurer State Payroll Tax 20,757.86 6/14/2012 MN State Treasurer Drivers License/Deputy Registrar 24,681.26 6/15/2012 MN State Treasurer Drivers License/Deputy Registrar 56,299.07 6/15/2012 MN Dept of Natural Resources DNR electronic licenses 1,513.01 6/15/2012 VANCO Billing fee 222.00 6/15/2012 Optum Health DCRP & Flex plan payments 2,831.74 TOTAL 444,683.56 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 75 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx CHECK #CHECK DATE EMPLOYEE NAME 06/08/12 JUENEMANN, KATHLEEN 435.16 06/08/12 KOPPEN, MARVIN 435.16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 06/08/12 CARDINAL, ROBERT 435.16 06/08/12 AHL, R. CHARLES 5,408.64 06/08/12 ANTONEN, JAMES 5,852.58 06/08/12 STRAUTMANIS, MARIS 100.00 06/08/12 VALLE, EDWARD 50.00 06/08/12 LLANAS, JAMES 435.16 06/08/12 ROSSBACH, WILLIAM 494.44 06/08/12 JAHN, DAVID 2,266.96 06/08/12 RAMEAUX, THERESE 3,061.16 06/08/12 CHRISTENSON, SCOTT 1,981.35 06/08/12 FARR, LARRY 3,061.16 06/08/12 BURLINGAME, SARAH 2,074.90 06/08/12 KANTRUD, HUGH 184.62 06/08/12 KELSEY, CONNIE 2,594.80 06/08/12 RUEB, JOSEPH 2,642.60 06/08/12 DEBILZAN, JUDY 1,309.01 06/08/12 JACKSON, MARY 2,126.08 06/08/12 BAUMAN, GAYLE 4,386.17 06/08/12 ANDERSON, CAROLE 1,193.59 06/08/12 THOMALLA, ASHLEY 768.00 06/08/12 CORTESI, LUANNE 1,109.01 06/08/12 SCHMIDT, DEBORAH 2,884.82 06/08/12 SPANGLER, EDNA 1,039.18 06/08/12 SINDT, ANDREA 2,113.80 06/08/12 GUILFOILE, KAREN 4,407.64 06/08/12 RICHTER, CHARLENE 798.81 06/08/12 SCHOENECKER, LEIGH 1,569.35 06/08/12 MOY, PAMELA 1,520.44 06/08/12 OSTER, ANDREA 1,907.49 06/08/12 LARSON, MICHELLE 1,827.75 06/08/12 MECHELKE, SHERRIE 1,093.97 06/08/12 POWELL, PHILIP 2,932.46 06/08/12 SVENDSEN, JOANNE 2,101.79 06/08/12 KVAM, DAVID 4,209.55 06/08/12 PALANK, MARY 1,913.17 06/08/12 WEAVER, KRISTINE 2,356.55 06/08/12 CORCORAN, THERESA 2,117.18 06/08/12 ABEL, CLINT 2,931.31 06/08/12 ALDRIDGE, MARK 3,156.49 06/08/12 THOMALLA, DAVID 4,961.38 06/08/12 THOMFORDE, FAITH 1,497.35 Packet Page Number 76 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx 06/08/12 BAKKE, LONN 3,222.57 06/08/12 BARTZ, PAUL 4,140.71 06/08/12 BUSACK, DANIEL 3,850.97 06/08/12 CARNES, JOHN 1,918.52 06/08/12 BIERDEMAN, BRIAN 4,135.52 06/08/12 BOHL, JOHN 3,195.20 06/08/12 BELDE, STANLEY 2,990.84 06/08/12 BENJAMIN, MARKESE 3,096.91 06/08/12 DUGAS, MICHAEL 5,246.54 06/08/12 ERICKSON, VIRGINIA 2,405.43 06/08/12 DEMULLING, JOSEPH 3,040.75 06/08/12 DOBLAR, RICHARD 4,052.02 06/08/12 COFFEY, KEVIN 3,090.61 06/08/12 CROTTY, KERRY 3,611.20 06/08/12 GABRIEL, ANTHONY 3,356.94 06/08/12 HAWKINSON JR, TIMOTHY 3,006.08 06/08/12 FRASER, JOHN 3,520.67 06/08/12 FRITZE, DEREK 4,548.89 06/08/12 FLOR, TIMOTHY 3,725.17 06/08/12 FORSYTHE, MARCUS 2,396.79 06/08/12 KONG, TOMMY 3,031.28 06/08/12 KREKELER, NICHOLAS 876.00 06/08/12 JOHNSON, KEVIN 4,183.43 06/08/12 KALKA, THOMAS 940.28 06/08/12 HER, PHENG 2,783.83 06/08/12 HIEBERT, STEVEN 4,329.99 06/08/12 LYNCH, KATHERINE 2,303.17 06/08/12 MARINO, JASON 3,488.86 06/08/12 LANGNER, TODD 2,980.04 06/08/12 LU, JOHNNIE 3,944.81 06/08/12 KROLL, BRETT 2,984.41 06/08/12 LANGNER, SCOTT 3,092.20 06/08/12 OLSON, JULIE 3,117.76 06/08/12 PARKER, JAMES 2,213.02 06/08/12 METRY, ALESIA 3,038.70 06/08/12 NYE, MICHAEL 3,451.48 06/08/12 MARTIN, JERROLD 3,923.96 06/08/12 MCCARTY, GLEN 3,826.90 06/08/12 SYPNIEWSKI, WILLIAM 2,949.56 06/08/12 SZCZEPANSKI, THOMAS 2,990.84 06/08/12 SHORTREED, MICHAEL 4,091.18 06/08/12 STEINER, JOSEPH 2,819.55 06/08/12 REZNY, BRADLEY 2,881.03 06/08/12 RHUDE, MATTHEW 2,884.73 06/08/12 WENZEL, JAY 3,126.80 06/08/12 XIONG, KAO 2,878.21 06/08/12 THIENES, PAUL 3,515.15 06/08/12 TRAN, JOSEPH 3,038.70 06/08/12 TAUZELL, BRIAN 3,038.64 06/08/12 THEISEN, PAUL 3,150.93 06/08/12 ANDERSON, BRIAN 228.00 06/08/12 ARKSEY, CHARLES 162.00 Packet Page Number 77 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx 06/08/12 BAUMAN, ANDREW 2,998.94 06/08/12 BIGELBACH, ANTHONY 288.00 06/08/12 BAHL, DAVID 528.00 06/08/12 BASSETT, BRENT 18.00 06/08/12 CRUMMY, CHARLES 144.00 06/08/12 DAWSON, RICHARD 2,953.29 06/08/12 CAPISTRANT, JOHN 644.00 06/08/12 CRAWFORD, RAYMOND 277.00 06/08/12 BOURQUIN, RON 336.00 06/08/12 CAPISTRANT, JACOB 540.00 06/08/12 HAGEN, MICHAEL 528.00 06/08/12 HALE, JOSEPH 460.00 06/08/12 FASULO, WALTER 504.00 06/08/12 FOSSUM, ANDREW 3,270.14 06/08/12 EATON, PAUL 576.00 06/08/12 EVERSON, PAUL 3,796.61 06/08/12 IMM, TRACY 180.00 06/08/12 JANSEN, CHAD 288.00 06/08/12 HENDRICKSON, NICHOLAS 2,666.24 06/08/12 HUTCHINSON, JAMES 350.00 06/08/12 HALWEG, JODI 3,232.41 06/08/12 HAWTHORNE, ROCHELLE 2,482.43 06/08/12 KONDER, RONALD 96.00 06/08/12 KUBAT, ERIC 2,771.53 06/08/12 KARRAS, JAMIE 276.00 06/08/12 KERSKA, JOSEPH 444.00 06/08/12 JONES, JONATHAN 228.00 06/08/12 KANE, ROBERT 357.00 06/08/12 MONDOR, MICHAEL 3,119.66 06/08/12 MONSON, PETER 344.00 06/08/12 MILLER, LADD 156.00 06/08/12 MILLER, NICHOLAS 264.00 06/08/12 LINDER, TIMOTHY 2,973.51 06/08/12 LOCHEN, MICHAEL 364.00 06/08/12 OLSON, JAMES 3,232.41 06/08/12 OPHEIM, JOHN 143.50 06/08/12 NOVAK, JEROME 2,953.29 06/08/12 NOWICKI, PAUL 144.00 06/08/12 MORGAN, JEFFERY 273.00 06/08/12 NIELSEN, KENNETH 384.00 06/08/12 RAINEY, JAMES 696.00 06/08/12 RANK, NATHAN 444.00 06/08/12 PETERSON, ROBERT 3,141.34 06/08/12 POWERS, KENNETH 399.00 06/08/12 PACHECO, ALPHONSE 540.00 06/08/12 PETERSON, MARK 518.00 06/08/12 SCHULTZ, JEROME 144.00 06/08/12 SEDLACEK, JEFFREY 2,953.29 06/08/12 RICE, CHRISTOPHER 754.00 06/08/12 RODRIGUEZ, ROBERTO 432.00 06/08/12 RAVENWALD, CORINNE 144.00 06/08/12 REYNOSO, ANGEL 144.00 Packet Page Number 78 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx 06/08/12 ZWIEG, SUSAN 1,706.92 06/08/12 KNUTSON, LOIS 2,054.95 06/08/12 GERVAIS-JR, CLARENCE 3,985.69 06/08/12 LUKIN, STEVEN 4,498.52 06/08/12 STREFF, MICHAEL 2,973.51 06/08/12 SVENDSEN, RONALD 3,266.37 06/08/12 EDGE, DOUGLAS 2,361.28 06/08/12 JONES, DONALD 2,382.43 06/08/12 BUCKLEY, BRENT 3,499.77 06/08/12 DEBILZAN, THOMAS 2,156.16 06/08/12 NIVEN, AMY 1,425.42 06/08/12 BRINK, TROY 2,356.55 06/08/12 RUNNING, ROBERT 2,356.55 06/08/12 TEVLIN, TODD 2,166.15 06/08/12 OSWALD, ERICK 2,466.64 06/08/12 RUIZ, RICARDO 1,623.78 06/08/12 MEISSNER, BRENT 2,056.42 06/08/12 NAGEL, BRYAN 3,560.40 06/08/12 JAROSCH, JONATHAN 2,995.37 06/08/12 KUMMER, STEVEN 3,216.55 06/08/12 ENGSTROM, ANDREW 2,555.75 06/08/12 JACOBSON, SCOTT 2,509.60 06/08/12 BURLINGAME, NATHAN 2,087.23 06/08/12 DUCHARME, JOHN 2,740.37 06/08/12 JANASZAK, MEGHAN 1,497.35 06/08/12 KONEWKO, DUWAYNE 4,613.24 06/08/12 THOMPSON, MICHAEL 4,258.96 06/08/12 ZIEMAN, SCOTT 994.00 06/08/12 LINDBLOM, RANDAL 3,244.69 06/08/12 LOVE, STEVEN 3,446.88 06/08/12 HAMRE, MILES 1,513.60 06/08/12 HAYS, TAMARA 1,539.75 06/08/12 GUNDERSON, ANDREW 972.00 06/08/12 GUNDERSON, THOMAS 756.00 06/08/12 BUTTWEILER, TYLER 756.00 06/08/12 EDSON, DAVID 2,191.39 06/08/12 DEAVER, CHARLES 814.13 06/08/12 GERNES, CAROLE 996.23 06/08/12 NORDQUIST, RICHARD 2,148.46 06/08/12 BIESANZ, OAKLEY 1,662.47 06/08/12 HINNENKAMP, GARY 2,268.46 06/08/12 NAUGHTON, JOHN 2,146.15 06/08/12 GAYNOR, VIRGINIA 3,244.09 06/08/12 ERICSON, MICHAEL 230.00 06/08/12 SOUTTER, CHRISTINE 232.33 06/08/12 WACHAL, KAREN 973.92 06/08/12 HAYMAN, JANET 1,535.78 06/08/12 HUTCHINSON, ANN 2,649.16 06/08/12 THOMPSON, DEBRA 829.76 06/08/12 YOUNG, TAMELA 2,015.75 06/08/12 KROLL, LISA 1,900.55 06/08/12 SWANSON, CHRIS 480.00 Packet Page Number 79 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx 06/08/12 EKSTRAND, THOMAS 3,829.34 06/08/12 FINWALL, SHANN 3,233.35 06/08/12 SWAN, DAVID 2,766.15 06/08/12 WELLENS, MOLLY 1,692.87 06/08/12 CARVER, NICHOLAS 3,244.09 06/08/12 FISHER, DAVID 3,807.86 06/08/12 MARTIN, MICHAEL 2,709.35 06/08/12 BRASH, JASON 2,393.35 06/08/12 DWELLY, KATHLEEN 18.75 06/08/12 GERMAIN, BRADY 44.00 06/08/12 BJORK, BRANDON 49.50 06/08/12 BRENEMAN, NEIL 2,159.70 06/08/12 BERGER, STEPHANIE 192.38 06/08/12 BETHEL III, CHARLES 36.13 06/08/12 TAYLOR, JAMES 2,738.98 06/08/12 ADAMS, DAVID 1,953.41 06/08/12 ROBBINS, CAMDEN 39.38 06/08/12 SCHALLER, SCOTT 134.38 06/08/12 KHOURY, SARAH 420.00 06/08/12 ROBBINS, AUDRA 3,019.96 06/08/12 ANZALDI, MANDY 1,467.38 06/08/12 CRAWFORD - JR, RAYMOND 326.61 06/08/12 ORE, JORDAN 1,539.75 06/08/12 SCHULTZ, SCOTT 3,090.82 06/08/12 GERMAIN, DAVID 2,155.41 06/08/12 HAAG, MARK 2,356.55 06/08/12 HOFMEISTER, TIMOTHY 451.60 06/08/12 KULHANEK-DIONNE, ANN 465.00 06/08/12 HER, PETER 460.55 06/08/12 HOFMEISTER, MARY 1,101.99 06/08/12 EVANS, CHRISTINE 1,369.02 06/08/12 GLASS, JEAN 2,125.10 06/08/12 ZIELINSKI, JUDY 38.50 06/08/12 ANDERSON, JOSHUA 184.85 06/08/12 SHERRILL, CAITLIN 679.72 06/08/12 VUE, LOR PAO 408.00 06/08/12 PELOQUIN, PENNYE 605.25 06/08/12 PENN, CHRISTINE 2,332.74 06/08/12 BRUSOE, CRISTINA 76.05 06/08/12 BUCKLEY, BRITTANY 258.30 06/08/12 BIGGS, ANNETTE 34.63 06/08/12 BRUSOE, AMY 234.53 06/08/12 ANDERSON, MAXWELL 408.50 06/08/12 BAUDE, SARAH 73.00 06/08/12 DIONNE, DANIELLE 47.00 06/08/12 DUNN, RYAN 1,030.58 06/08/12 CRANDALL, KRISTA 96.99 06/08/12 DEMPSEY, BETH 328.25 06/08/12 BUTLER, ANGELA 85.00 06/08/12 COSTA, JOSEPH 503.00 06/08/12 ERICKSON-CLARK, CAROL 49.00 06/08/12 FLACKEY, MAUREEN 55.31 Packet Page Number 80 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx 06/08/12 FRAMPTON, SAMANTHA 189.00 06/08/12 GADOW, ANNA 141.04 06/08/12 FONTAINE, KIM 570.38 06/08/12 FOX, KELLY 150.00 06/08/12 GRUENHAGEN, LINDA 381.00 06/08/12 HAGSTROM, EMILY 65.33 06/08/12 GIPPLE, TRISHA 26.78 06/08/12 GRAY, MEGAN 88.02 06/08/12 GADOW, VERONIKA 35.33 06/08/12 GIEL, NICOLE 133.00 06/08/12 JANSON, ANGELA 34.00 06/08/12 JOHNSON, BARBARA 151.55 06/08/12 HOLMBERG, LADONNA 400.00 06/08/12 HORWATH, RONALD 2,614.55 06/08/12 HANSEN, HANNAH 214.35 06/08/12 HEINRICH, SHEILA 546.00 06/08/12 KOLLER, NINA 66.88 06/08/12 KRONHOLM, KATHRYN 668.67 06/08/12 JOYER, JENNA 27.35 06/08/12 KOHLER, ROCHELLE 36.00 06/08/12 JOHNSON, KAITLYN 31.40 06/08/12 JOYER, ANTHONY 90.65 06/08/12 MCCORMACK, MELISSA 62.48 06/08/12 NADEAU, KELLY 218.80 06/08/12 LAMSON, ELIANA 90.00 06/08/12 MCCANN, NATALIE 274.00 06/08/12 LAMEYER, BRENT 19.38 06/08/12 LAMEYER, ZACHARY 86.02 06/08/12 RANEY, COURTNEY 410.00 06/08/12 RESENDIZ, LORI 636.84 06/08/12 POVLITZKI, MARINA 38.00 06/08/12 PROESCH, ANDY 535.06 06/08/12 NADEAU, TAYLOR 61.40 06/08/12 NORTHOUSE, KATHERINE 90.76 06/08/12 SCHREIER, ROSEMARIE 207.50 06/08/12 SCHREINER, MARK 36.50 06/08/12 RUIZ, MARIA 46.00 06/08/12 SCHMIDT, EMILY 27.63 06/08/12 RICHTER, DANIEL 94.50 06/08/12 RONNING, ISAIAH 69.30 06/08/12 SMITH, ANN 162.40 06/08/12 SMITH, CASEY 53.91 06/08/12 SKAAR, SAMANTHA 62.50 06/08/12 SKUNES, KELLY 202.85 06/08/12 SCHREINER, MICHELLE 37.63 06/08/12 SJERVEN, BRENDA 18.00 06/08/12 TUPY, HEIDE 45.80 06/08/12 TUPY, MARCUS 95.00 06/08/12 TREPANIER, TODD 242.00 06/08/12 TRUE, ANDREW 58.31 06/08/12 SMITLEY, SHARON 284.90 06/08/12 TAYLOR, JASON 43.50 Packet Page Number 81 of 189 S:\FINANCE\APPROVAL OF CLAIMS\2012\AprClms - 6-8-12 and 6-15-12.xlsx 9986878 9986879 9986880 9986881 9986882 9986883 9986884 9986885 9986886 06/08/12 PENN, CAYLA 255.00 06/08/12 BORCHERT, JONATHAN 137.75 06/08/12 DANIEL, BREANNA 267.75 06/08/12 KENN, MADELINE 56.00 06/08/12 WARNER, CAROLYN 237.60 06/08/12 WOLFGRAM, MARY 81.90 06/08/12 SCHULZE, KEVIN 372.00 06/08/12 THOMPSON, BENJAMIN 462.75 06/08/12 PRINS, KELLY 1,690.15 06/08/12 REILLY, MICHAEL 2,190.80 06/08/12 DOUGLASS, TOM 1,916.90 06/08/12 MALONEY, SHAUNA 180.00 06/08/12 WOEHRLE, MATTHEW 2,640.82 06/08/12 BERGO, CHAD 2,995.66 06/08/12 AICHELE, CRAIG 2,217.83 06/08/12 PRIEM, STEVEN 2,415.66 06/08/12 VANG, GEORGE 174.00 06/08/12 COUNTRYMAN, BRENDA 956.25 06/08/12 BENNETT, ERIN 45.50 06/08/12 VANG, TIM 228.00 06/08/12 KREGER, JASON 2,087.22 06/08/12 DHARAMPAUL, BRIANNA 150.00 06/08/12 FOWLDS, MYCHAL 3,991.22 06/08/12 FRANZEN, NICHOLAS 2,623.62 518,140.58 06/08/12 MORGAN, LINDSEY 116.00 06/08/12 STEFFEN, MICHAEL 65.25 06/08/12 WEINHAGEN, SHELBY 199.48 06/08/12 RANGEL, SAMANTHA 48.00 06/08/12 ERICSON, RACHEL 23.40 06/08/12 WALES, ABIGAIL 47.88 Packet Page Number 82 of 189 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager SUBJECT: Conditional Use Permit Review PROJECT: Auto Sales by Fleet Associates, Inc. LOCATION: 2495 Maplewood Drive DATE: June 18, 2012 INTRODUCTION The conditional use permit (CUP) for Fleet Associates, Inc. is due for its review. The CUP allows automobiles to be sold from a business condo located at the Maple Leaf Ridge Business Center, 2495 Maplewood Drive. BACKGROUND November 28, 2005: The city council approved a CUP and design plans for the Maple Leaf Ridge Business Center. The CUP allowed a reduced setback from the residential lot property line to the west. The code requires that buildings in M1 (light manufacturing) districts be 350 feet or more from abutting residential property, unless a CUP is granted. The westerly building is 250 feet from the abutting residential lot line. June 13, 2011: The city council approved a CUP amendment allowing auto sales at the Maple Leaf Ridge Business Center. DISCUSSION Since council approved this CUP last year, staff is not aware of any issues or concerns with this business at the Maple Leaf Ridge Business Center. Staff has not received any calls or complaints from the neighborhood. Because no actual construction, exterior remodeling or additional landscaping was required by last year’s CUP amendment approval, staff is recommending an indefinite approval unless a problem arises or a major change is proposed. RECOMMENDATION Review the conditional use permit for Fleet Associates Inc. at 2495 Maplewood Drive again only if a problem arises or a major change is proposed. P:sec 9\Fleet Associates Auto Sales CUP Review_062512 1. Zoning Map 2. Land Use Plan Map 3. Site Plan 4. June 13, 2011 , City Council Minutes Packet Page Number 83 of 189 Packet Page Number 84 of 189 Packet Page Number 85 of 189 Packet Page Number 86 of 189 Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, June 13, 2011 Council Chambers, City Hall Meeting No. 11-11 J. NEW BUSINESS 1. Approval of Conditional Use Permit for Auto Sales by Fleet Associates, Inc. at 2495 Maplewood Drive a. Senior Planner, Tom Ekstrand gave the report and answered questions of the council. b. Planning Commissioner, Tushar Desai gave the planning commission report. The council requested an amendment to the CUP resolution which is stricken in the resolution. Councilmember Nephew moved to approve the resolution approving a conditional use permit to operate a used car sales business from 2495 Maplewood Drive at the Maple Leaf Ridge Business Center. Approval is based on the findings required by ordinance and subject to the following conditions: (deletions are stricken). CONDITIONAL USE PERMIT RESOLUTION 11-6-585 WHEREAS, Chris and Diane Johnson, of Fleet Associates, Inc. applied for a conditional use permit to operate a used car sales business. WHEREAS, Section 44-512(5) of the city ordinances requires a conditional use permit to store, lease or sell used motor vehicles. Further, code requires that these activities not occur closer than 350 feet to residential property. WHEREAS, this permit applies to the property located at 2495 Maplewood Drive. The legal description is: W. H. HOWARD’S GARDEN LOTS EX STH 61-1 N 85 FT OF LOT 3. W. H. HOWARD’S GARDEN LOTS EX STH 61-1 AND EX N 85 FT LOT 3. WHEREAS, the history of this conditional use permit is as follows: 1. On May 17, 2011, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On June 13, 2011, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit, because: Packet Page Number 87 of 189 Attachment 4 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall not park any vehicles from their for-sale inventory any closer than 350 feet of the westerly property line as required by ordinance. 5. The applicant shall not park more than five vehicles from their for-sale inventory outside on the site. 6. The applicant shall not use any attention-getting displays on vehicles that are parked outside such as flags, banners, signs (painted or otherwise), etc. The Maplewood City Council approved this resolution on June 13, 2011. Seconded by Councilmember Koppen. Ayes – All The motion passed. Packet Page Number 88 of 189 Agenda Item G3 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) (Second Reading) VOTE REQUIRED: Simple Majority Vote Required for Approval DATE: June 15, 2012 INTRODUCTION On June 11, 2012, the city council gave first reading to a proposed ordinance amending the findings to approve variances for metal-exterior storage buildings. This was to comply with the variance language changes made by the State of Minnesota. 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; (2) Consistent with the comprehensive plan; Packet Page Number 89 of 189 (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 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 CC Second Reading 6 12 te Attachments: 1. Ordinance Amendment to Section 12-5 Packet Page Number 90 of 189 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 91 of 189 Agenda Item G4 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 (Second Reading) VOTE REQUIRED: Simple Majority Vote Required for Approval DATE: June 15, 2012 INTRODUCTION On June 11, 2012, the city council gave first reading to a proposed ordinance amending the findings to approve variances for commercial antennas and towers. This was to comply with the variance language changes made by the State of Minnesota. 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; (2) Consistent with the comprehensive plan; Packet Page Number 92 of 189 (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. 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 Second Reading 6 12 te Attachment: 1. Ordinance Amendment to Section 44-1334 Packet Page Number 93 of 189 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 94 of 189 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 95 of 189 Item G5 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: June 20, 2012 RE: Approval of Potentially Dangerous Dogs and Dangerous Dogs License Fees Background In 2008 the city council unanimously approved Ordinance 888 (See Attached) that governs Dangerous and Potentially Dangerous Dogs. The City’s Animal Control Officer is the responsible authority for initially determining whether a dog is a potentially dangerous dog or a dangerous dog. The ordinance allows the dog owner the right to appeal the determination of the Animal Control Officer. If an appeal is filed, the City Manager shall assign a Hearing Officer to consider the reports and comments of the Animal Control Authority, the testimony of any witnesses, witness statements and the comments of the owner of the dog if the dog owner requests it. It has come to my attention that at the time that Ordinance 888 was passed, a fee for this type of license was not established. License fees are set to cover local administrative and public safety costs, it is determined after meeting with staff that a license fee of $100 for dangerous dogs and a fee of $150 for potentially dangerous dogs is appropriate. Recommendation Approve a license fee of $100 for dangerous dogs and a $150 for potentially dangerous dogs. Packet Page Number 96 of 189 DIVISION 5. DANGEROUS DOGS Sec. 10-186 to 10-188. Reserved. Sec. 10-189 Dangerous/Potentially Dangerous Dogs. The provisions of Minnesota Statutes 347.50 through 347.56, inclusive, are hereby adopted as the potentially dangerous and dangerous dog regulations for the City of Maplewood. Where a conflict exists between the provisions of the City Code and the provisions of Minnesota Statutes Sections 347.50 through 347.56, inclusive, the provisions of the Minnesota Statutes shall apply. (a) Initial Determination. The City’s designated Animal Control Authority shall be responsible for initially determining (Initial Determination) whether a dog is a potentially dangerous dog or a dangerous dog. The Animal Control Authority may retain custody of a dog which has been initially determined to be a dangerous dog pending the hearing as hereinafter provided. The Initial Determination shall be conclusive unless the owner appeals the Initial Determination as hereinafter provided. (b) Notice of Initial Determination. The Notice of Initial Determination shall be personally served on the owner of the dog or on a person of suitable age at the residence of such owner. The Notice of Initial Determination shall describe the dog deemed to be potentially dangerous or dangerous, shall identify the officer making the Initial Determination and shall inform the owner of the owner’s right to appeal the Initial Determination. (c) Request for Hearing and Hearing. An owner may appeal the Initial Determination by filing a Request for Hearing with the City Manager within five (5) days of the owner’s receipt of the Notice of Initial Determination. A hearing shall be held within seven (7) days after the City’s receipt of the Request for Hearing. The City Manager shall assign a Hearing Officer, who shall not be the person who made the Initial Determination. At the hearing, the Hearing Officer shall consider the reports and comments of the Animal Control Authority, the testimony of any witnesses, witness statements and the comments of the owner of the dog. After considering all of the evidence submitted, the Hearing Officer shall make written findings and shall determine whether the dog is a potentially dangerous dog or a dangerous dog (Final Determination). The findings shall be made within five (5) days of the date of the hearing and shall be personally served upon the owner of the dog or upon a person of suitable age at the residence of the owner. (d) Seizure of Dangerous Dog. The Animal Control Authority shall immediately seize any dangerous dog if, within fourteen (14) days after the service of the Notice of Final Determination declaring a dog to be a dangerous dog: (1) The owner has not registered the dog in compliance with the provisions of Section 10-189 (g). (2) The owner does not secure the proper liability insurance pursuant to Section 10- 189 (g) (1) (b). Packet Page Number 97 of 189 (3) The dangerous dog is not maintained in a proper enclosure. (4) The dangerous dog is outside a proper enclosure and not under the physical restraint of a responsible person. (e) Reclaiming a Dangerous Dog. A dangerous dog may be reclaimed by the owner of the dog upon payment of the impounding and boarding fees and upon presentation of proof to the Animal Control Authority that the requirements of Section 10-189, Subd. g, have been satisfied. A dangerous dog not reclaimed under this provision within seven (7) days may be disposed of as provided in Minnesota Statutes Section 35.71, Subdivision 3, and the owner shall be liable to the Animal Control Authority for costs incurred in confining and disposing of the dangerous dog. (f) Substantial/Great Bodily Harm. Upon a Final Determination and notwithstanding the provisions of Section 10-189, Subd. A-E, a dangerous dog that inflicted substantial bodily harm or great bodily harm on a human being on public or private property without provocation may be destroyed in a proper and humane manner by the Animal Control Authority. (g) Dangerous Dog Restrictions. (1) Registration Required. No person may keep a dangerous dog in the City of Maplewood unless the dog is registered with the Animal Control Authority as provided in this chapter. The Animal Control Authority shall issue a certificate of registration to the owner of the dangerous dog if the owner presents the following information: (a) Proper Enclosure. A Proper Enclosure exists for the dangerous dog and there is a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property. (b) Bond/Insurance. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the Animal Control Authority in the sum of at least $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog. (c) Microchip. The owner has had a microchip identification implanted in the dangerous dog, and the name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control authority. If the microchip is not implanted by the owner, it may be implanted by the Animal Control Authority, with the costs borne by the dog’s owner. (d) Warning Symbol. The owner has posted a warning symbol to inform children that there is a dangerous dog on the property. The design of the warning symbol must have been approved by the Minnesota Commissioner of Public Safety. Packet Page Number 98 of 189 (e) Tag. The dangerous dog must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the Uniform Dangerous Dog symbol affixed to the dog’s collar at all times. (f) Photograph. The owner of the dangerous dog shall make the dog available to be photographed for identification by the Animal Control Authority at a time and place specified by the Animal Control Authority. (h) Dangerous Dog Regulations. (1) Annual Fee. The owner of a dangerous dog shall pay an annual fee as determined by Council Ordinance, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. (2) Annual Renewal. The owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased and pay the annual renewal fee as determined by City Council Ordinance. If the dog is removed from the City of Maplewood, it must be registered as a dangerous dog in its new jurisdiction. (3) Death/Transfer from City. The owner of any dangerous dog must notify the Animal Control Authority in writing of the death of the dog, of its transfer to a residence outside of the City of Maplewood or of its transfer within the City of Maplewood within thirty (30) days of the death or transfer. (4) Notice to Landlord. The owner of a dangerous dog who rents property from another where the dog will reside must disclose to the property owner, prior to entering into the lease agreement and at the time of any lease renewal that the person owns a dangerous dog that will reside at the property. (5) Sale. The owner of a dangerous dog must notify the purchaser that the Animal Control Authority has identified the dog as a dangerous dog. The seller must also notify the Animal Control Authority in writing of the sale and provide the Animal Control Authority with the new owner’s name, address, and telephone number. (6) Muzzling. If the dangerous dog is outside a Proper Enclosure, the dog must be muzzled and restrained by substantial chain or leash and be under the physical restraint of a reasonable person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. (7) Sterilization. The Animal Control Authority may require a dangerous dog to be sterilized at the owner’s expense. If the owner does not have the dangerous dog sterilized, the Animal Control Authority may have the animal sterilized at the owner’s expense. Packet Page Number 99 of 189 (i) Potentially Dangerous Dog Restrictions. (1) Registration Required. No person may keep a potentially dangerous dog in the City of Maplewood unless the dog is registered with the Animal Control Authority as provided in this chapter. The Animal Control Authority shall issue a Certificate of Registration to the owner of a potentially dangerous dog if the owner presents the following information: (a) Microchip. The owner has had a microchip identification implanted in the dangerous dog, and the name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control Authority. If the microchip is not implanted by the owner, it may be implanted by the Animal Control Authority, with the costs borne by the dog’s owner. (b) Warning Symbol. The owner has posted a warning symbol to inform children that there is a potentially dangerous dog on the property. The Animal Control Authority shall approve the warning symbol and its location on the property. The Animal Control Authority may also require any of the following to register a potentially dangerous dog: (a) Proper Enclosure. A proper enclosure exists for the potentially dangerous dog, and there is a posting on the premises with a clearly visible warning sign, including a warning symbol, to inform children that there is a potentially dangerous dog on the property. (b) Bond/Insurance. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the Animal Control Authority in the sum of at least $50,000, payable to any person injured by the potentially dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least $50,000 insuring the owner for any personal injuries inflicted by the potentially dangerous dog. (c) Photograph. The owner of the potentially dangerous dog shall make the dog available to be photographed for identification by the Animal Control Authority at a time and place specified by the Animal Control Authority. (j) Potentially Dangerous Dog Regulations. (1) Annual Fee. The owner of a potentially dangerous dog shall pay an annual fee as determined by Council Ordinance, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. 2) Annual Renewal. The owner of a potentially dangerous dog must renew the registration of the dog annually until the dog is deceased and pay the annual renewal Packet Page Number 100 of 189 fee as determined by City Council Ordinance. If the dog is removed from the City of Maplewood, it must be registered as a potentially dangerous dog in its new jurisdiction. (3) Death/Transfer from City. The owner of any potentially dangerous dog must notify the Animal Control Authority in writing of the death of the dog, of its transfer to a residence outside of the City of Maplewood or of its transfer within the City of Maplewood within thirty (30) days of the death or transfer. (4) Notice to Landlord. The owner of a potentially dangerous dog who rents property from another where the dog will reside must disclose to the property owner, prior to entering into the lease agreement and at the time of any lease renewal that the person owns a potentially dangerous dog that will reside at the property. (5) Sale. The owner of a potentially dangerous dog must notify the purchaser that the Animal Control Authority has identified the dog as potentially dangerous. The seller must also notify the Animal Control Authority in writing of the sale and provide the Animal Control Authority with the new owner’s name, address, and telephone number. Secs. 10-190 - 10-215. Reserved. Packet Page Number 101 of 189 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/Dep. Director of Public Works SUBJECT: Resolution Approving Cooperative Agreement with DNR for Gateway Trail Connection, Gladstone Area Redevelopment Improvements – Phase 1, City Project 04-21 DATE: June 18, 2012 INTRODUCTION The city council will consider approving the attached resolution and agreement with the Department of Natural Resources (DNR) for the construction and long term maintenance of a trail segment that would connect Frost Avenue with the Gateway State Trail. BACKGROUND / DISCUSSION The project improvements identify a trail connection from the new Frost Avenue roundabout that will extend north through Flicek Park and connect into the Gateway State Trail. This portion of trail is to be completed this year as part of Bid Package 2 of Gladstone Area Redevelopment – Phase 1 Improvements. The DNR requires that a resolution be adopted by the City Council approving the proposed cooperative agreement which identifies responsibilities of the parties. BUDGET No cost is associated with the approval. RECOMMENDATION It is recommended that the council adopt the resolution approving the Cooperative Agreement with the DNR for the trail connection to the Gateway State Trail as part of the Gladstone Area Redevelopment Improvements – Phase 1. Furthermore, the City Attorney is authorized to make minor changes as needed to the agreement. Attachments: 1. Resolution 2. Agreement with Exhibits 3. Location Map Agenda Item G6 Packet Page Number 102 of 189 RESOLUTION APPROVING AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES GATEWAY STATE TRAIL CONNECTION WHEREAS, the Commissioner of Natural Resources has the authority, duty and responsibility under Minnesota Statutes85.015, sub. 15, to establish, develop, maintain and operate the Willard Munger State Trail System which includes the Gateway State Trail Segment; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise common powers; and WHEREAS, the State owns land described as: Section 16, Township 29N, Range 22W, Ramsey County; and WHEREAS, the State and City have determined that providing municipal trail connection to the Gateway State Trail from the City of Maplewood’s Flicek Park is of high priority; and WHEREAS, the City shall design, manage, construct and administer the municipal trail connection to the Gateway State Trail, as established hereinafter referred to as the “Trail Connection”; and WHEREAS, upon completion, the Trail Connection shall be the sole responsibility of the City; and NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the general public, the parties agree to the terms of the Cooperative Agreement attached hereto. Agenda Item G6 Attachment 1 Packet Page Number 103 of 189 Gateway State Trail 1 of 4 Maplewood Municipal Flicek Park Trail Connection City of Maplewood MnDNR Parks & Trails 9June12 GATEWAY STATE TRAIL / CITY OF MAPLEWOOD-FLICEK PARK TRAIL CONNECTION COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF MAPLEWOOD This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State" and the City of Maplewood, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty and responsibility under Minnesota Statutes85.015, sub. 15, to establish, develop, maintain and operate the Willard Munger State Trail System which includes the Gateway State Trail Segment; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise common powers; and WHEREAS, the State owns land described as: Section 16, Township 29N, Range 22W, Ramsey County, as shown on the map attached hereto as Exhibit A; and WHEREAS, the State and City have determined that providing municipal trail connection to the Gateway State Trail from the City of Maplewood’s Flicek Park is of high priority; as shown on the Plan attached hereto as Exhibit B; and WHEREAS, the City shall design, manage, construct and administer the municipal trail connection to the Gateway State Trail, as established hereinafter referred to as the “Trail Connection”; and WHEREAS, upon completion, the Trail Connection shall be the sole responsibility of the City; and WHEREAS, a resolution or copy of the City council/board meeting minutes authorizing the respective entities to enter into this agreement is/are attached hereto as Exhibit C; and NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows: I. STATE DUTIES AND RESPONSIBILITIES a. The State shall permit the City to construct Trail Connection to the Gateway State Trail, within the boundaries of within the boundaries of the State Trail r/w as shown in Exhibit B. b. The State shall be allowed to review and approve the preliminary and final plans for the Trail Connection as proposed by the City. The proposed trail connections shall meet the requirements of the ADA for recreational trails. c. The State shall be permitted to review and approve any alterations to the Trail Connection to the State Trail Corridor proposed by the City. d. The State shall permit the City to review any alterations to the Trail Connection proposed by the State during the term of this Agreement. Proposed alterations to the Trail Connection shall meet the requirements of the ADA for recreational trails. e. The State shall provide all trail related informational signs for the Trail Connection as determined by Department of Natural Resources policy. Agenda Item G6 Attachment 2 Packet Page Number 104 of 189 Gateway State Trail 2 of 4 Maplewood Municipal Flicek Park Trail Connection City of Maplewood MnDNR Parks & Trails 9June12 f. The State reserves the right to inspect the Trail Connection at any time to ensure the City is in compliance with the terms of the Agreement. II. CITY’S DUTIES AND RESPONSIBILITIES a. The City shall design and construct the segment of the Trail Connection as referenced in Exhibit B. The proposed trail connections shall meet the requirements of the ADA for recreational trails. b. The City shall permit the State to review and approve the preliminary and final plans for the Trail Connection as proposed by the City. c. The City shall obtain all federal, state and local permits necessary for the construction of the Trail Connection. The City shall provide the State certified copies of all permits required for the construction and administration of the Trail Connection. d. The City shall operate and maintain the Trail Connection consistent with all local, state, and federal laws, regulations and rules that may apply to the management, operation and maintenance of the Trail. e. The City will provide and install the appropriate signage for the Trail Connection as approved by the State. f. Upon completion of the Trail Connection, the City shall have primary responsibility for the administration, operations and annual maintenance of all Trail Connection and associated improvements. g. The City shall permit the State to review and approve any alterations to the Trail Connection proposed by the City during the term of this Agreement. Proposed alterations to the Trail Connection shall meet the requirements of the ADA for recreational trails. g. The City shall be permitted to review any alterations to the Trail Connection proposed by the State during the term of this Agreement. h. Upon termination of the Agreement the City shall restore the State Trail Corridor to a condition consistent with its preconstruction condition and as approved by the State. III. FUNDING The State shall provide funding for its responsibilities under Article I (a)(b)(c)(d)(e)(f) above through the standard internal purchasing process including, but not limited to, a separate requisition in which funds will encumbered. The total obligation of the State is limited to the amount of funds legislatively appropriated and administratively allocated to this project. IV. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by and limited to the amount set forth in Minnesota Statutes, Sections 466.01-466.15, and other applicable law. V. TERM a. Effective Date: July 1, 2012, or the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. b. Expiration Date: July 1, 2037, for a period of twenty five (25) years except as otherwise provided herein or agreed to in writing by both parties. This agreement shall renew at the end of the term for an additional five Agenda Item G6 Attachment 2 Packet Page Number 105 of 189 Gateway State Trail 3 of 4 Maplewood Municipal Flicek Park Trail Connection City of Maplewood MnDNR Parks & Trails 9June12 (5) year period unless a party gives three (3) months written notice to the other party to terminate the agreement. This agreement shall continue to automatically renew as the end of each five (5) year period unless the required notice is given. VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six years from the end of this agreement. VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. VIII. CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article III, upon thirty (30) days written notice to the City. This agreement may be cancelled by the City at any time with or without cause with (30) days written notice to the State. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the completion of the activities covered under this agreement. The State will notify the City by written or fax notice. The City will also notify the State by written of fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the City notice of lack of funding within a reasonable time of the State’s receiving that notice. IX. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the City or the State. X. PUBLICITY AND ENDORSEMENT Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program and services provided from this agreement. XI. COMPLETE AGREEMENT This Agreement, and amendments, constitutes the entire agreement between the parties. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. XII. OTHER TERMS AND CONDITIONS NOTICES: Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid to: The State The City Minnesota Department of Natural Resources City of Maplewood Parks and Trails Division Area (3B) Supervisor Public and Recreation Director 1200 Warner Road 1830 County Road B East Agenda Item G6 Attachment 2 Packet Page Number 106 of 189 Gateway State Trail 4 of 4 Maplewood Municipal Flicek Park Trail Connection City of Maplewood MnDNR Parks & Trails 9June12 St. Paul, MN 55106 Maplewood, MN 55109 IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES CITY OF MAPLEWOOD By: __________________________________ By: __________________________ Title: _________________________________ Title: _________________________ Date: _________________________________ Date: _________________________ DEPARTMENT OF ADMINISTRATION CITY OF MAPLEWOOD Delegated to Materials Management Division By: ___________________________________ By: __________________________ Title: __________________________________ Title: _________________________ Date: __________________________________ Date: _________________________ (Effective Date) STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 16C.05. Signed: Date: Contract: ___________________________________________ Agenda Item G6 Attachment 2 Packet Page Number 107 of 189 GLADSTONE AREA REDEVELOPMENTCITY PROJECT 04-21GATEWAY STATE TRAIL/CITY OF MAPLEWOOD-FLICEK PARK TRAIL CONNECTIONEXHIBIT AAgenda Item G6 Attachment 2Packet Page Number 108 of 189 GLADSTONE AREA REDEVELOPMENTCITY PROJECT 04-21GATEWAY STATE TRAIL/CITY OF MAPLEWOOD-FLICEK PARK TRAIL CONNECTIONEXHIBIT BAgenda Item G6 Attachment 2Packet Page Number 109 of 189 GLADSTONE AREA REDEVELOPMENTPHASE 1CITY PROJECT 04-21TRAIL AND SIDEWALK IMPROVEMENTSEXHIBIT 4Agenda Item G6 Attachment 3 Packet Page Number 110 of 189 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Assistant City Engineer SUBJECT: Resolution Requesting Ramsey County to Restrict Parking on Edgerton Street (C.S.A.H. 58) between Larpenteur Avenue and Highway 36 DATE: June 13, 2012 INTRODUCTION The City Council will consider requesting Ramsey County to restrict parking on Edgerton Street (C.S.A.H. 58) between Price Street and Highway 36. Public Works staff was contacted by Ramsey County Department of Public Works and asked to review the current parking condition along Edgerton Street between Larpenteur Avenue and Highway 36 for consideration of establishing a “No-Parking” zone along this section of Edgerton Street. Council review of the request is recommended. BACKGROUND Ramsey County Department of Public Works plans to resurface Edgerton Street between Larpenteur Avenue and Highway 36. This project is estimated to start around July/August of 2012. The section of Edgerton Street associated with the proposed project is a County State Aid Highway (C.S.A.H.) and is therefore required to be built to C.S.A.H. standards. According to C.S.A.H. standards, most of Edgerton Street does not have the adequate width to accommodate on street parking. Field observations show the following:  There is very little on street parking currently being used  South of Price Avenue there is currently adequate width for on street parking  North of Price Avenue there is currently insufficient width for on street parking o Except for existing parking bays by the Gateway Trail Approval of Ramsey County’s state aid construction plans are contingent upon establishing parking restrictions along Edgerton Street. Edgerton Street is under the jurisdiction of, and maintained by Ramsey County. Ramsey County is requesting written concurrence from the City of Maplewood to restrict parking on Edgerton Street, C.S.A.H. 58, as follows:  No Parking Anytime between Larpenteur Avenue and Highway 36 except: o On the east side between Larpenteur Avenue and Price Avenue o On the east side between 300 feet and 380 feet north of Kingston Avenue o On the west side between 230 feet and 300 feet north of Kingston Avenue It should be noted that the exceptions north of Kingston Avenue allow for the continued use of the parking bays by the Gateway Trail. On the west side between Larpenteur Avenue and Price Avenue is proposed to be restricted to provide adequate room for a new right turn lane. The installation of the “No-Parking” signs will be paid for through Ramsey County’s proposed project and maintained as part of their ongoing maintenance of Edgerton Street. Agenda Item G7 Packet Page Number 111 of 189 PUBLIC OUTREACH Ramsey County reached out to the property owners along Edgerton Street between Larpenteur Avenue and Highway 36 to solicit public input regarding the proposed “No-Parking” zone. A letter was sent out to the approximately 70 property owners along Edgerton informing them of the proposed project, the “No-Parking” zone proposal, and to invite them to an open house meeting to be held on June 5, 2012 (see attached letter). Additionally Ramsey County contacted the local businesses, the adjacent school, and received one email regarding the project and the proposed “No-Parking” zone. The neighborhood meeting was held by Ramsey County along with City of Maplewood staff. Five property owners attended the meeting. Two property owners attending the meeting requested that parking remain in place. In those locations there is adequate width and it is proposed to keep the on street parking in place. All other comments were either in favor or neutral to the parking restrictions and a summary of the comments are attached to this report. CONCLUSIONS City staff has reviewed the existing conditions along Edgerton Street between Larpenteur Avenue and Highway 36, attended the neighborhood meeting, and reviewed the additional comments received by Ramsey County. The county’s project is a road maintenance project and not a full reconstruction of the road. The proposed plan is to hold to the existing road width and stripe the road to meet C.S.A.H. standards. Currently Edgerton Street, north of Price Avenue, with the exception of the parking bays by the Gateway Trail, does not have the necessary width to meet the required standards for on street parking. On the east side of Edgerton Street, south of Price Avenue, there currently is the necessary width to meet the required standards and it is recommend that on street parking remain in this area. On the west side of Edgerton Street south of Price Avenue there is also the necessary width to meet the required standards for on street parking. However, the south bound lane is proposed to be striped for a new right turn lane and parking will need to be restricted. City staff recommends approval of the restricted parking along Edgerton Street between Larpenteur Avenue and Highway 36 as outlined in this report and on the attached resolution. RECOMMENDATION It is recommended that the City Council approve the attached Resolution requesting Ramsey County to restrict parking on Edgerton Street (C.S.A.H. 58) between Larpenteur Avenue and Highway 36. Attachments: 1. Resolution Requesting Ramsey County to Restrict Parking on Edgerton Street (C.S.A.H. 58) Between Larpenteur Avenue and Highway 36 2. Ramsey County Letter Requesting Written Concurrence 3. Summary of Comments from Neighborhood Meeting and Contacts 4. Ramsey County’s Informational Letter to Property Owners 5. Ramsey County’s Sample Resolution Agenda Item G7 Packet Page Number 112 of 189 RESOLUTION REQUESTING RAMSEY COUNTY TO RESTRICT PARKING ON EDGERTON STREET (C.S.A.H. 58) BETWEEN LARPENTEUR AVENUE AND HIGHWAY 36 Resolution Requesting Ramsey County to Restrict Parking on Edgerton Street (C.S.A.H. 58) between Price Street and Highway 36. WHEREAS, Edgerton Street is a Ramsey County State Aid Route, and WHEREAS, the County of Ramsey is expending County State Aid Funds on the resurfacing of Edgerton Street, and WHEREAS, this improvement does not provide adequate width for parking on the street; and approval of the proposed construction as a County State Aid Street must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Maplewood hereby requests Ramsey County to ban parking at all times on Edgerton Street between Larpenteur Avenue and TH 36, except for the portion on the east side between Larpenteur Avenue and Price Avenue, and except for the portion on the east side 300 feet to 380 feet north of Kingston Avenue, and except for the portion on the west side 230 feet to 300 feet north of Kingston Avenue. Adopted by the council on this 25th day of June 2012. Agenda Item G7 Attachment 1 Packet Page Number 113 of 189 D \ RAMSEYCOUNTY Depa,rhnent of Publie Works James Tolaas, P.E., Director and County Engineer 1425 Paul Kirkwold Drive Arden Hills, MN 55112-3933 r (651) 266-7100 . Fax (651) 266-7110 E-mail: Public.Works@co.ramsey.mn.us June 13,2012 Michael Thompson City Engineer City of Maplewood 1902 County Road 82 Maplewood, MN 55109 Dear Mr. Thompson, Edgerton Street between Larpenteur Avenue and Highway 36 is planned to be resurfaced this summer. According to county state aid highway standards, most of Edgerton Street does not have adequate width to accommodate on street parking. In addition, there is very little observed parking on Edgerton Street. Approval of the state aid construction plan is contingent upon establishing parking restrictions. Ramsey County is requesting written concurrence from the city of Maplewood to restrict parking on Edgerton Street, County State Aid Highway 58, as follows: No Parking anytime between Larpenteur Avenue and TH 36 Exceptions: on the east side between Larpenteur Avenue and Price Avenue on the east side between 300 feet and 380 feet north of Kingston Avenue on the west side between 230 feet and 300 feet north of Kingston Avenue. A public meeting was held on June 5n,2012 with the residents abutting this section of Edgerton Street. Approximately 70 properties were invited to the public meeting, 5 property owners attended. Two of the property owners requested that parking remain in place and in those locations there is adequate width to allow parking. All the other comments received were either in favor of or neutral to parking restrictions. Attached is a summary of comments received during and public meeting as well as contracts made by County staff to the larger property owners along the project. There are currently parking areas at the Gateway Trail, which crosses Edgerton Street between Kingston Avenue East and Ripley Avenue East. These will remain in place after the project is completed and correlate to the exceptions listed above. There are existing parking restrictions next to Edgerton Elementary School, from 50 feet south to 50 feet north of the school. established in Mav. 1997. Minnegota's First Hone Bule Coun$ prlntod on reoycl€d prper wlth s mlninun of l():x pcL@Mer contcntffi Agenda Item G7 Attachment 2 Packet Page Number 114 of 189 Michael Thompson June 13,2012 Page2 As part of the resurfacing project, the County will pay for the installation and maintenance of the "no parking" signs. Attached are: o summary of the neighborhood meeting and contacts o flyer and information sheet sent to the adjacent property owners o sample resolution Please call me at65l-266-7192 or email me at kathyjaschke@ci.stpaul.mn.us if you need further information. Sincerely,\/ | A(gyrxxt J cA4-/KJA-A \ Kathy laschlt6t.g. Maintenance and Operations Engineer Ramsey County Public Works enc. Agenda Item G7 Attachment 2 Packet Page Number 115 of 189 Edgerton Street Resurfacing Project s.A.P. 062-658-012 Public Information Meeting Tuesday June 5, 2012 4200 p.m. to 6:00 p.m. Summary of comments received at the meeting: Jerry Rivard 1688 Edgerton Street Mr. Rivard requested that parking be allowed in front of his house, Edgerton Street is wide enough in this area to accommodate parking. He also requested that a bike lane be striped from Larpenteur Avenue up to Price Street to match the striping south of Larpenteur Avenue. Striping layouts will be reviewed to determine if this is feasible. He also asked that the snow be plowed to the curb, currently the plows are not plowing the full width of the street. Dave Roden lT62Bdgerton Street Mr. Roden requested that parking remain in place at the Gateway Trail, many people use it, there are areas available for parking adjacent to the trail this will remain in place. He inquired about the status of the alley and that the alley be graded and plowed, this is a local issue that will be reviewed by the city. He asked that street lights be installed at the Gateway Trail, lighting is a local issue that will be reviewed by the city. There is bituminous material buried behind the curb, he can't get a mail box post in deep enough to support his mail box, this will be reviewed during construction. Tammie Rhodes 2150 Edgerton Street Drainage is a large concem, water ponds on the shoulder in front of the house and is not getting to the surface drain on the corner of Edgerton and County Road B. The area will be reviewed to determine the feasibility of regarding the shoulder to facilitate drainage. There is much debris, broken glass gets carried in the shoulder to the low point. She does not need on-street parking. Myron Bjornstad 207 4 Edgerton Street Mr. Bjomstad has a sprinkler system in the right of way - County PW will meet with him onsite to determine if the sprinkler system needs to be moved. There is an odd storm drain on north edge of his property, reconstructing the structure is beyond the scope of the project. He does not need on'street parking Rich Erwin 2085 Edgerton Mr. Erwin has a sprinkler system in the right of way (as reported by his neighbor at2074) - County PW will need to meet with him onsite to determine if the sprinkler system needs to be moved. Agenda Item G7 Attachment 3 Packet Page Number 116 of 189 Edgerton Street Resurfacing Project s.A.P. 062-658-012 Public Information Meeting Tuesday June 5, 2012 4200 p.m. to 6:00 p.m. Page2 Trinity Baptist Church Joe Stodok The church ask that the construction avoid church/school event on August 29th' work is scheduled to be completed prior to the 29s.. The curb and sidewalk in front of the church is in deteriorated condition, the curb and sidewalk will be inspected, although this type of work is usually beyond the scope ofa resurfacing project. No concems in regards to no parking. Other neighborhood contacts made: Edgerton Elementary School Becky Berkas, principal 772-2565 No concems about restricting parking. The school is asking that we not be under construction of august 29th for Back to School/Jvleet your Teacher night in conjunction with Trinity Baptist church- August 29th -The paving project should be completed by the 29th. Edgerton Manor Apartments Teddie Pelletier 774-3586 No concems about parking restrictions. Trinity Baptist Church No concerns about parking restrictions. Forest Lawn Memorial Park Patrick Hogan 776-6420 The cemetery would prefer that Edgerton be no parking so that parked cars do not interfere with funeral processions. They also requested that the drainage be maintained through the main entrance, which will be incorporated into the project.. One email received: 1897 Edgerton Street In favor of the resurfacing and in favor of restricting parking Agenda Item G7 Attachment 3 Packet Page Number 117 of 189 Thank you for your patience and cooperation during this project. PLEASE DRIVE SAFELY Ramsey County Public Works 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Ramsey County is planning on resurfacing Edgerton Street between LarpenteurAvenue and Highway 36. The work is proposed to begin in July of 2012. Attached are questions you may have about the construction. IMPORIANT: Currently, most of Edgerton Street has inadequate width to safely accommodate on-street parking. In addition, the amount of observed on-street parking is low. Ramsey County, in cooperation with the City of Maplewood is considering establishing a no parking zone on Edgerton Street. Public input is needed to determine the need for on-street parking and before changes to parkingare implemented. If you are unable to attend the public meeting and would like to comment, please contact us. The project will be paid for with County funds. There will be no assessments to adjacent property owners for this project. An open house meeting will be held on Ttresday June 5th, 2012 from 4 - 6 pm at the Maplewood Community Center, 2100 White Bear Avenue. The open house meeting will provide a general overview of the project and allow for a question and answer session. Edgerton Street Information Line Project Engineer Kathy Jaschke 65 l-266-7 192 kathy j aschke@co.r€rmsey.mn.us Public Works Faciliw 651-266-7100 () 6) b c)u0 Ramsey County B r Avenue ffi tt d Larpen Agenda Item G7 Attachment 4 Packet Page Number 118 of 189 D \ RAMSEYCOUNTY Depa,rtnent of hrblic Works James Tolaas, P.8., Director and County Engineer 1425 Paul Kirkwold Drive Arden Hills, MN 55112-3933 r (651) 266-7100 r t'ax (651) 266-7110 E-mail: Public.Works@co.ramsey.mn.us Edgerton Street Resurfacing Project Frequently Asked Questions What's going to happen? Edgerton Street will be resurfaced as follows: Between Larpenteur Avenue and County Road B - Edgerton Street will be resurfaced using a bituminous reclamation technique. First, the in place pavement will be pulverized and graded to provide a uniform base material. Next, three inches of new bituminous pavement will be placed on top of the pulverized material. There may be some minor width and height changes that occur as a result of the reconstruction. Between County Road B and TH 36 - Edgerton Street is proposed to be milled and overlaid. The top two inches of pavement will be ground off and removed. Two inches of new bituminous pavement will be placed. The project will also include minor drainage improvements. When will construction begin? Drainage and utility improvements will begin on or after July 9th, 2012. Pavement work will begin on or after August 6'n,2012. How long will construction last? Construction is expected to last approximately 6 weeks. Will I be assessed? No, there are no costs or assessments to the adjacent property owners for this project. What are the 4-foot long stakes for in front of my house? The "offset stakes" are put in as a reference point so that the center ofthe road can be reestablished after the road has been ground up. How will traffic be handled? The road will remain open to local traffic. Traffic control signs will direct traffic through the work areas. The exit ramps at Highway 36 and Edgerton will be closed during major construction activities during working hours. Will I have access to my driveway at all times? There will be access to all homes, businesses, and institutions during all phases of construction. Your driveway will be temporarily blocked when the reclaim machine, the milling machine, and the paver pass in front of your driveway. Traffic is able to travel immediately on the reclaimed or milled surface. Traffic is able to travel on a paved surface after it has been rolled, compacted, and cooled, generally within an hour of placement. Minnesots's First Home BuIe County printod on ELcled p8p0r sith a ninlmm of lox @dI|mer ontent ffib Agenda Item G7 Attachment 4 Packet Page Number 119 of 189 What happens to mailboxes during construction? Mailboxes will remain in place and there will be minimal intemrption to service during construction. If mailboxes need to be moved as part of the project, you will be notified of any changes in delivery service. Can I park on the street? Parking will not be allowed during the workday. Will the trees or shrubs be removed? The County regards trees and landscaping as important to any neighborhood environment and as a general rule, trees and shrubs are not removed as part of a resurfacing project. There are some instances where trees may need to be trimmed to allow construction equipment to pass undemeath. What if I have special access needs? If you have special access needs, please let us know so we can work with you to accommodate you during construction. Do emergency vehicles, garbage service, school buses, and mail service have access during the project? Access will be maintained and the County will coordinate with the above services to minimize disruptions and maintain safety. What if I have a family gathering, garage sale, or other event? Please contact us so we can work with you to coordinate the timing of your event. Will my front yard or driveway be disturbed? Yes. Your front or side yard directly adjacent to the shoulder will be disturbed by the construction and will be reseeded. Work will also be done to the end of your driveway to match it to the new road surface. Will the sprinkler system in my front yard be affected? Please contact us at one of the numbers below if there is a sprinkler system in County right of way. Some sprinkler systems will need to be relocated by the property owners. Will curb be constructed in front of my house? Bituminous curb will be replaced in areas where it currently exists. Who can I call if the construction creates a problem for me? Construction personnel can be contacted on the job or by calling the following people: MarkRauchbauer,ProjectSupervisor 651-266-7193 Charlie Markham, District Foreman 651-266-7196 Ramsey County Public Works 651-266-7100 Thank you in advance for your cooperation and patience during the construction period. Agenda Item G7 Attachment 4 Packet Page Number 120 of 189 SAMPLE RESOLUTION Parking Restrictions on Edgerton Street Resolution Requesting Ramsey County to Restrict Parking on Edgerton Street (C.S.A.H. 58) between Larpenteur Avenue and Highway 36. WHEREAS, Edgerton Street is a Ramsey County State Aid Route, and WHEREAS, the County of Ramsey is expending County State Aid Funds on the resurfacing of Edgerton Street, and WHEREAS, this improvement does not provide adequate width for parking on the street; and approval of the proposed construction as a County State Aid Street must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Maplewood hereby requests Ramsey County to ban parking at all times on Edgerton Street between Larpenteur Avenue and TH 36, except for the portion on the east side between Larpenteur Avenue and Price Avenue, and except for the portion on the east side 300 feet to 380 feet north of Kingston Avenue, and except for the portion on the west side 230 feet to 300 feet north of Kingston Avenue. Agenda Item G7 Attachment 5 Packet Page Number 121 of 189 AGENDA REPORT TO: James Antonen, City Manager FROM: Steven Love, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT: Hills and Dales Area Street Improvements, Project 09-15 a) Resolution Directing Modification of Existing Construction Contract, Change Order No. 5 b) Resolution Approving Final Payment and Acceptance of Project DATE: June 18, 2011 INTRODUCTION The city council will consider approving the attached resolutions directing the modification of the existing construction contract and approving final payment and acceptance of project for the Hills and Dales Area Street Improvements, City Project 09-15. The change order reflects an increase in the construction contract due to additional work and increased quantities due to bituminous and concrete driveway repairs and sod replacements. BACKGROUND On May 10, 2010, the council awarded T.A. Schifsky and Sons, Inc. a construction contract for utility and roadway improvements in the amount of $5,371,115.06 along with Bid Alternate #1 for Duluth Street alternate design, Bid Alternate #2 sanitary sewer main lining (outside of project area), and Bid Alternate #4 County Road B infiltration area. Change Order #1: $(29,923.02) Approved 6/14/2010 Change Order #2: $48,637.45 Approved 10/18/2010 Change Order #3: $34,405.97 Approved 8/22/2011 Change Order #4: $17,802.36 Approved 1/02/2012 Total Change Orders to Date: $70,922.76 DISCUSSION A summary of the necessary additional work orders for Change Order No. 5 are as follows: Item 1) Concrete and Asphalt Driveway Repairs -- $45,898.00 It was necessary to repair or replace sections of 36 driveways due to surface cracking and subgrade stabilization issues. Driveway sections that were considered not constructed to contract specifications after removal were replaced under warranty. Others that were considered constructed to specification but had cracked were replaced. Additional costs are due to the labor, materials and mobilization required beyond the contract scope of work. Item 2) Sod Replacement -- $19,333.70 A dry August and September 2011 combined with sandy soils, lack of watering and Japanese beetle grubs created problems with sod throughout the neighborhood. A number of front yards required replacement of sod. Costs are due to the labor, materials and mobilization required beyond the contract scope of work. Agenda Item G8 Packet Page Number 122 of 189 Change Order No. 5 is summarized as follows: Item 1) Concrete and Asphalt Driveway Repairs $45,898.00 Item 2) Sod Replacement $19,333.70 Total Change Order #5 $65,231.70 The additional work within Change Order No. 5 amounts to $65,231.70, increasing the overall contract amount as follows: Original Contract (including bid alternates) $5,371,115.06 Net Change Orders Nos. 1 to 4 $ 70,922.76 Propose Net Change Order No 5 $ 65,231.70 Revised Contract Amount Proposed $5,507,269.52 CONTRACT CLOSURE AND ACCEPTANCE The contractor, T.A. Schifsky and Sons, has completed the project improvements. On January 25, 2012, the council ordered the improvements. On May 10th, 2010, the council awarded a contract to T.A. Schifsky and Sons in the amount of $5,301,774.42. Subsequently, on June 14, 2010, Bid Alternate Number 1 to the contract in the amount of $69,340.64 was awarded after further consideration of the alternate rain garden design for Duluth Street. The final construction cost is $5,503,412.09. BUDGET IMPACT Approval of Change Order No. 5 will increase the current project construction contract amount by $65,231.70 from $5,442,037.82 to $5,507,269.52. The current approved budget for the project is $7,836,087. The current expenses incurred to date total $7,077,085. No budget adjustment is needed as the proposed change order and contract closeout fall within budgeted contingencies. Once all financial transactions have been completed staff will bring back the final financial plan and recommend closure of the project fund. RECOMMENDATION Staff recommends that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No. 5, for the Hills and Dales Area Street Improvements, City Project 09-15. It is also recommend that the council approve the attached resolution for the Hills and Dales Area Street Improvements, City Project 09-15, Approving Final Payment and Acceptance of Project. Attachments: 1. Resolution Directing Modification of Existing Construction Contract, Change Order No. 5 2. Resolution Approving Final Payment and Acceptance of Project 3. Change Order Form 4. Final Payment Application 5. Location Map Agenda Item G8 Packet Page Number 123 of 189 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09-15, CHANGE ORDER NO.5 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-15, Hills and Dales Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 09-15, Change Order No. 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 5 which is $65,231.70 The revised contract amount is $5,507,269.52 Approved this 25th day of June 2012. Agenda Item G8 Attachment 1 Packet Page Number 124 of 189 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT PROJECT 09-15 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 09-15, the Hills and Dales Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Hills and Dales Area Street Improvements, City Project 09-15, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. City Project 09-15 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $5,503,412.09. Final payment to T.A. Schifsky and Sons, Inc., Incorporated, and the release of any retainage or escrow is hereby authorized. Approved this 25th day of June 2012. Agenda Item G8 Attachment 2 Packet Page Number 125 of 189 Agenda Item G8 Attachment 3 Packet Page Number 126 of 189 Agenda Item G8 Attachment 3 Packet Page Number 127 of 189 Agenda Item G8 Attachment 4 Packet Page Number 128 of 189 Agenda Item G8 Attachment 4 Packet Page Number 129 of 189 Agenda Item G8 Attachment 4 Packet Page Number 130 of 189 Agenda Item G8 Attachment 4 Packet Page Number 131 of 189 Agenda Item G8 Attachment 4 Packet Page Number 132 of 189 Agenda Item G8 Attachment 5 Packet Page Number 133 of 189 Agenda Item G8 Attachment 5 Packet Page Number 134 of 189 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Assistant City Engineer SUBJECT: Approval of Purchase for Construction Services for Edgerton Pond Force Main, July 16th Storm Clean-up and Investigation, City Project 11-19 DATE: June 15, 2012 INTRODUCTION The City of Maplewood, Ramsey County, and Saint Paul Regional Water Services (SPRWS) have been working together to minimize cost by coordinating construction activates on an upcoming Ramsey County street project. The City Council will consider authorizing the purchase of construction services for the installation of a force main pipe to provide an outlet for the Edgerton Pond drainage basin. DESCRIPTION The July 16, 2011 storm event was in excess of a 100-year event and caused flooding issues throughout the City of Maplewood. These large events are becoming more prevalent and are evident by the need to provide pumping of the Edgerton Pond drainage basin after such storm events. Last year city forces were required to pump Edgerton Pond 3-4 times throughout the year. Each time the pond is pumped it is required to setup temporary hoses from Larpenteur Avenue to the Edgerton Pond with the pump running on average 7 days - 24 hours a day. This pumping process causes nuisance conditions for traffic that has to cross the temporary hoses, noise from the pumping operations, and potential vandalism to the pumping equipment. City of Maplewood public works staff is required to continuously man the pumping operations. The City of Maplewood has studied this drainage area three times since 1985 as part of proposed City projects. The estimated costs for these projects have ranged from $332,290 to $1,595,000. All three of these projects have failed to move forward for reasons ranging from cost to public support. Ramsey County is planning a street rehabilitation project which is expected to start construction around July/August of 2012 on Edgerton Street between Larpenteur Avenue and Highway 36. The City of Maplewood and Ramsey County have been working together to coordinate construction activities to minimize the cost of constructing the proposed force main. Costs such as restoration and pavement replacement can be reduced or eliminated by coordinating construction activities with Ramsey County. SPRWS has notified Ramsey County to coordinate construction activities with Ramsey County for the replacement of the water main along Edgerton Street between Larpenteur Avenue and Roselawn Avenue. SPRWS’s plan is to begin the water main replacement work on July 9th. This represents another opportunity for the City of Maplewood to coordinate construction activities and to potentially reduce the cost of construction. The City of Maplewood, Ramsey County, and SPRWS have met and discussed the option of installing the force main in a joint trench. This option includes SPRWS installing the proposed 8” PVC force main during their backfilling operations. Agenda Item G9 Packet Page Number 135 of 189 Following the utility work Ramsey County will begin their road resurfacing project. To be able to minimize the cost of providing an outlet to the Edgerton Pond drainage basin it is important that the force main pipe is installed prior to the road resurfacing project beginning. BUDGET IMPACT According to S.E.H.’s memorandum, 2011 Floods – Initial Assessments and Investigations, dated April 16, 2012, the estimated total cost for the Edgerton Pond outlet lift station and force main is $100,000. This cost includes design, construction of the lift station, and construction of the force main. City staff originally estimated the cost for constructing the 8” PVC force main to be approximately $30,000. It is anticipated that by working with SPRWS to install the force main in a joint trench this cost will be significantly reduced. City staff and the city’s consultant S.E.H. are currently working with SPRWS on the details of the joint trench design. The costs associated with the installation of the force main will be paid out of the Environmental Utility Fund (EUF). City staff will bring a separate report to the City Council for their approval for the award of contract for the construction of the lift station. RECOMMENDATION Based on the continued need to provide pumping for the Edgerton Pond drainage basin and the opportunity to minimize the construction costs associated with providing a permanent outlet for the Edgerton Pond by coordinating construction activities with SPRWS, staff recommends the council authorize the City Engineer and Finance Director to purchase construction services from Saint Paul Regional Water Services for the installation of a force main for the Edgerton Pond drainage basin. Attachments 1. Project Location Map Agenda Item G9 Packet Page Number 136 of 189 DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (February 27, 2012), The Lawrence Group;February 27, 2012 for County parcel and property records data; February 2012 for commercial and residential data; April 2009 for color aerial Agenda Item G9 Attachment 1Packet Page Number 137 of 189 P:\COUNCIL FILES\AGENDAS\2012\062-OSA performance measures CONSENT.docx Agenda Item G10 AGENDA REPORT TO: James Antonen, City Manager FROM: Gayle Bauman, Finance Manager SUBJECT: Approval of Resolution to Adopt State Performance Measures DATE: June 19, 2012 for June 25, 2012 council meeting INTRODUCTION The Council on Local Results and Innovation was created by the 2010 Legislature to set benchmarks for city and county operations. Through several meetings, the group adopted standards which may aid residents, taxpayers, and state and local elected officials in determining the efficiency of counties and cities in providing services, and measure residents’ opinions of those services. Participation is voluntary and participants are eligible for a reimbursement of $0.14 per capita in local government aid, not to exceed $25,000, and are also exempt from levy limits for pay 2013, if they are in effect. DISCUSSION Based on the 2010 census, adoption of these standards would allow Maplewood to collect $5,322 in 2012. When this program first came out last year, the City anticipated it would have to spend thousands of dollars to perform a useful and thorough survey. The League of MN Cities summarized the reporting requirements and created a survey tool to help cities fulfill the citizen survey requirement. Staff is not anticipating producing a formal mailed survey. Instead it will create an on-line survey hosted by Survey Monkey and share the survey link with residents on the city website, in the city newsletter and through social media. FINANCIAL IMPACT Staff time will be needed to create the survey and process the results. The funding being provided by the State should be sufficient to cover these costs. RECOMMENDATION Staff recommends approval of the Resolution to Adopt State Performance Measures. Attachment(s): 1. Model Performance Measures for Cities 2. Resolution Adopting State Performance Measures Packet Page Number 138 of 189 Model Performance Measures for Cities The following are the recommended model measures of performance outcomes for cities, with alternatives provided in some cases. Key output measures are also suggested for consideration by local city officials. General: 1. Rating of the overall quality of services provided by your city (Citizen Survey: excellent, good, fair, poor) 2. Percent change in the taxable property market value 3. Citizens’ rating of the overall appearance of the city (Citizen Survey: excellent, good, fair, poor) Police Services: 4. Part I and II crime rates (Submit data as reported by the Minnesota Bureau of Criminal Apprehension. Part I crimes include murder, rape, aggravated assault, burglary, larceny, motor vehicle theft, and arson. Part II crimes include other assaults, forgery/counterfeiting, embezzlement, stolen property, vandalism, weapons, prostitution, other sex offenses, narcotics, gambling, family/children crime, D.U.I., liquor laws, disorderly conduct, and other offenses.) OR Citizens’ rating of safety in their community (Citizen Survey: very safe, somewhat safe, neither safe nor unsafe, somewhat unsafe, very unsafe) Output Measure: Police response time (Time it takes on top priority calls from dispatch to the first officer on scene.) Fire Services: 5. Insurance industry rating of fire services (The Insurance Service Office (ISO) issues ratings to Fire Departments throughout the country for the effectiveness of their fire protection services and equipment to protect their community. The ISO rating is a numerical grading system and is one of the primary elements used by the insurance industry to develop premium rates for residential and commercial businesses. ISO analyzes data using a Fire Suppression Rating Schedule (FSRS) and then assigns a Public Protection Classification from 1 to 10. Class 1 generally represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria.) OR Citizens’ rating of the quality of fire protection services (Citizen Survey: excellent, good, fair, poor) Output Measure: Fire response time (Time it takes from dispatch to apparatus on scene for calls that are dispatched as a possible fire). Attachment 1 Packet Page Number 139 of 189 Emergency Medical Services (EMS) response time (if applicable) (Time it takes from dispatch to arrival of EMS) Streets: 6. Average city street pavement condition rating (Provide average rating and the rating system program/type. Example: 70 rating on the Pavement Condition Index (PCI)) OR Citizens’ rating of the road condition in their city (Citizen Survey: good condition, mostly good condition, many bad spots) 7. Citizens’ rating the quality of snowplowing on city streets (Citizen Survey: excellent, good, fair, poor) Water: 8. Citizens’ rating of the dependability and quality of city water supply (centrally-provided system) (Citizen Survey: excellent, good, fair, poor) Output Measure: Operating cost per 1,000,000 gallons of water pumped/produced (centrally-provided system) (Actual operating expense for water utility / (total gallons pumped/1,000,000)) Sanitary Sewer: 9. Citizens’ rating of the dependability and quality of city sanitary sewer service (centrally provided system) (Citizen Survey: excellent, good, fair, poor) Output Measure: Number of sewer blockages on city system per 100 connections (centrally provided system) (Number of sewer blockages on city system reported by sewer utility / (population/100)) Parks and Recreation: 10. Citizens’ rating of the quality of city recreational programs and facilities (parks, trails, park buildings) (Citizen Survey: excellent, good, fair, poor) Packet Page Number 140 of 189 Councilmember _______________________ introduced the following resolution and moved its adoption: RESOLUTION ADOPTING STATE PERFORMANCE MEASURES WHEREAS, the Minnesota Legislature created a Council on Local Results and Innovation; and WHEREAS, participation in the program may assist the City of Maplewood in improving service delivery and enhancing communication with residents; BE IT RESOLVED THAT the City does hereby adopt and will implement the minimum 10 performance measures developed by the Council on Local Results and Innovation; the City has implemented a local performance measurement system; the City will survey its residents by the end of the calendar year on the services included in the performance benchmarks; the City will report the results of the 10 adopted measure to its residents before the end of the calendar year through publication, posting on the entity’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. 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 participation in the State’s Performance Measurement Program. ______________________________ City Clerk Attachment 2 Packet Page Number 141 of 189 AGENDA NO. G11 AGENDA REPORT TO: James Antonen, City Manager FROM: Charles Ahl, Assistant City Manager Steve Lukin, Fire Chief SUBJECT: Approval of Resolution for Grant Request on East Metro Public Safety Facility DATE: June 20, 2012 INTRODUCTION/ BACKGROUND The Minnesota Department of Employment and Economic Development has announced a Grant Program for public facilities. The grant application is due on June 26, 2012 and requires a resolution from the City Council. This application will be for expansion of the facilities on the East Metro Public Safety Facility, including classrooms and burn facilities. Attached is the resolution that is required for the application. Approval is recommended. RECOMMENDATION It is recommended that the City Council approve a motion adopting the resolution approving a grant request to the Minnesota Department of Employment and Economic Development as part of the Business Development Capital Projects Grant Program. Attachment: Resolution Packet Page Number 142 of 189 City of Maplewood RESOLUTION NO. BUSINESS DEVELOPMENT CAPITAL PROJECTS GRANT PROGRAM WHEREAS the City of Maplewood will act as the legal sponsor for project contained in the Business Development Capital Projects Grant Program Application to be submitted on June 26, 2012 and that the City Manager and the Mayor are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Maplewood, and WHEREAS the City of Maplewood has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its useful life, and WHEREAS the City of Maplewood has not violated any federal, state, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice, and WHEREAS upon approval of its application by the state, the City of Maplewood may enter into an agreement with the State of Minnesota for the above-referenced project(s), and the City of Maplewood certifies that it will comply with all applicable laws and regulations as stated in all contract agreements, and WHEREAS all non-state funding is committed and available and meets or exceeds the requirement that the non- state match equal or exceed the state funding, and WHEREAS the City of Maplewood certifies that it will comply with all applicable laws, regulations, and rules of General Obligation bond funds, NOW, THEREFORE BE IT RESOLVED that the City Manager and the Mayor, or their successors in office, are hereby authorized to execute such agreements and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Maplewood on , 2012. SIGNED: WITNESSED: ________________________________ ____________________________________ Will Rossbach, Mayor James W. Antonen, City Manager ____________________________________ Karen Guilfoile, City Clerk Packet Page Number 143 of 189 AGENDA ITEM G12 AGENDA REPORT DATE: June 18, 2012 TO: Jim Antonen, City Manager FROM: Terrie Rameaux, Human Resource Coordinator Chuck Ahl, Assistant City Manager SUBJECT: 2012 Pay Rates for Temporary/Seasonal, and Casual Part-Time Employees BACKGROUND It is recommended that this resolution be adopted to replace the existing resolution establishing pay rates for temporary, seasonal, and casual part-time employees. The only change to the resolution is a 1% cost of living adjustment (COLA) to the casual part-time Fire Department positions retroactive to January 1, 2012. These pay rates are indicated in bold on the attached resolution. The reason for the delay in this increase is due to the AFSCME Status Quo order that was issued December 29, 2011 pertaining to the casual part-time firefighters which prevented any changes to the terms of their employment, including wage increases. The Status Quo order has since been lifted. This COLA is also consistent with the 2012 COLA for the City’s various collective bargaining groups. RECOMMENDATION Staff recommends the adoption of the attached resolution increasing the Fire Department positions by a 1% COLA is recommended. Attachment: 1. Resolution for 2012 Temporary/Seasonal and Casual P/T Employees Packet Page Number 144 of 189 RESOLUTION NO. WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time (14 hours or fewer/wk) employees effective January 1, 2012 upon Council approval. Accountant $10.00-30.00 per hour Accounting Technician $9.00-22.00 per hour Administrative Assistant $9.00-23.00 per hour Background Investigator $25.00-35.00 per hour Building Inspector $14.00-35.00 per hour Building Attendant $7.25-15.00 per hour Customer Service Assistant $7.25-15.00 per hour CSO $8.00-16.00 per hour Data Entry Operator $8.00-12.00 per hour Election Judge $7.25-12.00 per hour Election Judge - Assistant Chair $9.00-15.00 per hour Election Precinct Chair $9.00-16.00 per hour Engineering Aide $7.00-16.00 per hour Engineering Technician $10.00-16.00 per hour Fire Maintenance/Engineer ** $14.14 per hour Firefighter-in-Training (new hire) ** $10.10 per hour Firefighter/EMT ** $12.12 per hour Firefighter/Paramedic ** $13.13 per hour Firefighter/EMT Captain ** $14.14 per hour Firefighter/Paramedic Captain ** $15.15 per hour Battalion Chief ** $16.16 per hour Intern $7.25-20.00 per hour IT Technician $15.00-20.00 per hour Laborer $7.25-14.00 per hour Lifeguard $7.25-14.00 per hour Manager-on-Duty Differential $1.00 per hour Office Specialist $8.50-18.00 per hour Receptionist $8.00-16.00 per hour Recreation Instructor/Leader $7.25-32.00 per hour Recreation Official $7.25-30.00 per hour Recreation Worker $7.25-18.00 per hour Theater Technician $20.00-30.00 per hour Vehicle Technician $9.00-15.00 per hour Video Coordinator* $11.00-19.00 per hour Video Technician* $10.00-18.00 per hour Water Safety Instructor (WSP) Differential $2.00 per hour Head Lifeguard (HG) Differential $1.00 per hour Water Safety Aide (WSA) Differential $.50 per hour *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. ** Fire Department positions shall receive a $2 per hour differential for working the following holidays: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Packet Page Number 145 of 189 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 146 of 189 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director SUBJECT: East Metro Public Safety Training Center, City Project 09-09 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) c. Resolution Approving Plans and Specifications and Advertising for Bids d. Resolution Ordering Preparation of Assessment Roll DATE: June 19, 2012 INTRODUCTION The public hearing for this project has been scheduled for 7:00 p.m., Monday, June 25, 2012. Notices of the public hearing have been mailed and published. Council authorized plan preparation at the May 14, 2012 meeting and all property owners within 500 feet of the improvement have been notified of this public hearing. The council will consider ordering the improvement following the public hearing in addition to approving final plans and specifications and authorizing advertising for bids. The bid opening for the first Bid Package for this project is proposed for 10:00 a.m. on July 20, 2012. The council will also consider ordering the preparation of the assessment roll which would only include the subject property where the public safety facility is to be located. The award of bid would be considered by the city council at the July 23, 2012 meeting. BACKGROUND The feasibility study was accepted by the council on May 14, 2012, with a resolution authorizing the preparation of plans and specifications, and calling for a public hearing. In addition the council approved a Cooperative Agreement with MnDOT for the acquisition of the property on which the public safety training facility is to be located. The Mayor and City Manager both signed the land transfer agreement and MnDOT is currently routing the document for final signatures. The City has worked a number of years on developing a plan for the use of the property at the Highway 5 and Highway 120 intersection of which the majority is owned by MnDOT. MnDOT has stated their willingness to convey this site to the City. Both parties have developed and reviewed a Cooperative Agreement to facilitate this land transfer. Approximately 6.2 acres would remain in fee title with MnDOT to allow for their continued maintenance operations. In addition various concepts for the marshlands improvements have been discussed in past years including creating natural areas, providing for trails, removal of invasive plant species, establishment of a 75-foot buffer along the north and west boundary of the property, and providing for educational components. The marshlands concepts are intended to be phased into the development of the joint use fire training facility as discussed in the feasibility study. A joint work group comprised of the City Engineer, Maplewood Fire Chief, Oakdale Fire Chief, SEH project representative, and MnDOT staff has worked towards an acceptable layout for the site. The MnDOT representatives consist of personnel representing land management/right-of-way office, maintenance, and Agenda Item H1 Packet Page Number 147 of 189 environmental. This group has met officially twice to ensure maintenance needs are met and the needs of the training facility and environmental component are met. A Phase II Site Investigation Report was recently submitted to MnDOT for their review. Sampling and testing were completed in accordance with MnDOT-approved investigation work plan. Results of the investigation indicate the presence of some low level contamination that poses a negligible health risk for the planned use. Diesel Range Organics (DRO) were found at levels below the MPCA and MDH guideline of 200 mg/kg, but above the previous MPCA Guideline of 10 mg/kg for unrestricted use. These levels mean that the soil can be reused anywhere within the site. MPCA recently completed updating its Soil Use Guidelines document which establishes a DRO guideline of 100 mg/kg for unrestricted use. There have been no changes to the site plan or management of soils based on this change. Cadmium and chromium were found at levels exceeding the Tier 1 (Residential) action level, but below the action levels for the planned site use. The City will utilize the $450,000 Ramsey County ERF grant for remediation purposes of the site. The East Metro Public Safety Training Center will require several land use permits including a comprehensive land use designation (designate right-of-way to Government Land Use), zoning (zone right- of-way to planned unit development), conditional use permit, and design review. There are five wetlands located in the center of the site which were developed incidentally as a result of the activities associated with the grading and fill material completed by MnDOT in the 1970s. The wetland delineation report and subsequent review by a wetland technical evaluation panel found the wetlands to be incidental, and as such the watershed district will remove them from their wetland maps and from their regulatory jurisdiction. The Corps of Engineers also determined that these five incidental wetlands are not under their jurisdiction. The City will also need to formally remove the incidental wetlands from its wetland map prior to development. The large wetland located to the north and west of the site is classified as a Manage B wetland and will be protected and enhanced as part of the project. Please refer to the schedule for the land use review process. The Marshlands will be one of Maplewood’s key demonstration sites for sustainable landscape design and natural resources restoration. The concept includes four main components. 1. Sustainable landscaping. The site design and landscaping will use sustainable landscaping principles and include rain gardens, planted parking lot medians, drought-tolerant, low-maintenance plantings, and plantings designed to lessen building energy usage. 2. Natural area restoration. Portions of the site that are not developed will be restored to native prairie and woodland. Areas of wetland buffer will be enhanced. 3. Trail Connections. A rustic trail will connect the Marshlands site to Southwood Nature Preserve north of Holloway Avenue and to the Sterling Street Trail west of the site. Most of the trail will be on Ramsey County Open Space, with short segments through Hill-Murray land and the Marshlands. 4. Environmental Education. Maplewood Nature Center will schedule educational events at the site such as naturalist-led hikes. There is opportunity for some unique environmental programming in collaboration with firefighters. At this point, Ramsey County Parks is not interested in building or maintaining a trail on the county open space, but they would give the city a trail easement across county land. Hill-Murray School is supportive of the trail connecting to Sterling Street Trail, across the northwest corner of their site. Other trail connection options are being explored as part of the plan. Agenda Item H1 Packet Page Number 148 of 189 Regarding the training facility; a steering committee has been formed made up of four area Fire Chief's, two from Ramsey County and two from Washington County; Tim Boehlke from Lake Johanna, Stu Glaser from Stillwater, Jeff Anderson from Oakdale and Steve Lukin from Maplewood. The steering committee will be directing the project until it is ready to open at which time the steering committee will turn all authority and responsibility over to the members of the JPA board. The committee continues with the development of a partnership with Century College to provide training programs and determine what role they will play regarding the ongoing operating expenses. In addition the committee continues to look at other possible partnerships and revenue streams. The committee met with Ramsey County Police Chiefs Association, the Washington County Sheriff and the Ramsey County Sheriff for their input. Over the course of the past six months 15 area fire department training officers have been meeting to plan and determine the needs of the training facility. At this time the type of props and their designs are being done in regards to a five-story burn tower and a two-story residential home with an attached two-car garage burn building. Each of these buildings will have the capability of utilizing both a Class A burn which is done utilizing bales of hay and wooden pallets and the other is a class B burn utilizing props fueled by propane and fake smoke. The third structure to be built is a storage facility with the capability of doing training inside utilizing full-size vehicles and large training props. This building will also have a small classroom and will be able to accommodate other types of training for both police and fire year-round. The fourth structure on-site will be the training classroom building. This building will have a large 100 seat classroom, 2 to 3 breakout classrooms and a simulation lab training area. At this time the basement area of this building will be left open for future expansion. Fire Chief, Steve Lukin, recently held an open-house style meeting with residents in the area of the proposed facility. The Chief also oversaw the recent ground breaking ceremony at the site on Thursday June 14th which was very well attended despite the inclement weather. PROJECT SCHEDULE The project is currently on schedule. At this June 25, 2012 council meeting all of the necessary approvals are being requested to facilitate the work associated with Bid Package 1, including the approvals being brought forward by the Community Development Department as a separate report namely: Comprehensive Plan Amendment, Conditional Use Permit for PUD, Design Review, and Wetland Map Amendment. City Council Accepts Feasibility Report, Calls Public May 14, 2012 Hearing, Authorizes Preparation of Plans & Specs and Authorizes Acquisition of Right-of-Way/Easements Environmental and Natural Resources Commission May 21, 2012 (Wetland Map Change, Marshlands Concepts) Community Design Review Board (Design Review, May 22, 2012 Marshlands Concepts) Planning Commission – Public Hearing June 5, 2012 (Land Use Designation Change, Zoning, CUP, Wetland Map Change, Marshlands Concepts) City Council - Public Hearing Phase 1 Feasibility Study June 25, 2012 City Council - Approval of Land Use Designation June 25, 2012 Change, Zoning, CUP, Wetland Map Change, Marshlands Concepts Agenda Item H1 Packet Page Number 149 of 189 Bid Package 1 City Council Approves Bid Package #1 Plans & Specs June 25, 2012 and Authorizes Ad for Bids Bid Package #1 Construction Starts July 30, 2012 Bid Package #1 Construction Complete October 2012 Bid Package 2 City Council Approves Bid Package #2 Plans & Specs July 9, 2012 and Authorizes Ad for Bids. Bid Package #2 Construction Starts September 4, 2012 Bid Package #2 Construction Complete November 2012 Bid Package 3 City Council Approves Bid Package #3 Plans & Specs Early 2013 and Authorizes Ad for Bids Bid Package #3 Construction Starts May 2013 Bid Package #3 Construction Complete September 2013 DISCUSSION The project has been in the planning stages for several years and has recently been presented to and discussed with the City Council, Environmental and Natural Resources Commission, Community Design Review Board and Planning Commission. Maplewood’s Fire Chief met with North St. Paul City Council on April 23, 2012, to give them an update on the project. A public Open House meeting was held on April 26, 2012, to provide an overview of the project to nearby residents in Maplewood, Oakdale and North St. Paul, and to receive input on the planned improvements prior to moving into the final design stages. The proposed improvements can generally be broken down into the following components in the order of proposed construction over 2012-2013: 1. Bid Package 1 - Public Utility Improvements (2012) 2. Bid Package 2 - Soils and Environmental Clean-up Actions and MnDOT Site Improvements/Mass Grading (2012) 3. Bid Package 3 - Training Center Improvements, Intersection Improvements, Marshlands Site Improvements (2013) These improvements phased above will be let as separate bid packages as part of the overall Phase 1 improvements. ASSESSMENTS The only property identified for a special assessment is the land on which the East Metro Public Safety Training Facility would be constructed. The total assessment proposed is $175,000 and would help pay for utility infrastructure costs that would directly benefit the proposed site. It is anticipated that the Joint Powers Agreement would identify this as an operating cost until the special assessment is paid off. Agenda Item H1 Packet Page Number 150 of 189 BUDGET The improvements are proposed to be financed through a combination of grant funds, City of Maplewood funds, funds paid by St. Paul Regional Water Services and MnDOT and special assessments to the benefitting property. For the special assessment, the City desires to have the opportunity to assess the JPA for a portion of the costs of the public utility improvements. The City has a total estimated budget of $4,335,000 for the Phase 1 work including a $3,000,000 grant from the State of Minnesota to design and construct a significant portion of the proposed improvements and $450,000 grant from the Ramsey County Environmental Response. The following is a summary of the proposed financing plan: 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 (WATER MAIN LOOP) $55,000 8 SANITARY SEWER FUND $50,000 9 ST PAUL WAC FUND $50,000 TOTAL PHASE 1 $4,335,000 RECOMMENDATION It is recommended that the city council approve the attached resolution ordering the improvement for the East Metro Public Safety Training Center Improvements, City Project 09-09. It is further recommended that the council approve the attached resolutions for City Project 09-09: Approving Plans and Advertisement for Bids and Ordering the Preparation of the Assessment Roll. Attachments: 1. Resolution Ordering Improvement 2. Resolution Approving Plans and Advertising for Bid 3. Resolution Ordering Preparation of Assessment Roll 4. Project Location Map Agenda Item H1 Packet Page Number 151 of 189 RESOLUTION ORDERING IMPROVEMENT WHEREAS, a resolution of the city council adopted the 14th day of May 2012, fixed a date for a council hearing on the proposed street improvements for the East Metro Public Safety Training Facility Improvements, City Project 09-09. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 25, 2012, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the East Metro Public Safety Training Facility Improvements, City Project 09-09. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of June, 2012. 3. The City’s consultant engineer, SEH, Inc., is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement as previously directed by the city council at the May 14, 2012 council meeting. 4. The finance director was authorized to make the financial transfers necessary to implement the financing plan for the project by the city council at the May 14, 2012 council meeting. A project budget of $4,335,000 was established. The approved financing plan is as follows: 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 Approved this 25th day of June 2012 Agenda Item H1 Attachment 1 Packet Page Number 152 of 189 RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on May 14, 2012 plans and specifications for the East Metro Public Safety Training Center Improvements, City Project 09-09, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city engineer. 2. The city clerk or office of the city engineer shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 20th day of July, 2012, at city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of July 23, 2012. Agenda Item H1 Attachment 2 Packet Page Number 153 of 189 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the East Metro Public Safety Training Center Improvements, City Project 09-09, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Agenda Item H1 Attachment 3 Packet Page Number 154 of 189 Agenda Item H1 Attachment 4 Packet Page Number 155 of 189 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 156 of 189 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager SUBJECT: East Metro Public Safety Training Center, Located at Century Avenue south of Holloway Avenue. Approvals Requested for: a. Comprehensive Plan Amendment to G (government) b. Conditional Use Permit for a Planned Unit Development c. Design Review d. Wetland Map Amendment VOTES: Super-Majority Required for Council Approval of Land Use Plan Amendment DATE: June 14, 2012 INTRODUCTION The City of Maplewood is proposing to build a public safety training center which will be used by several jurisdictions in the area. The project will be completed in phases. Phase 1 will include a burn building; a training and tactical building for prop storage, simulations and setup; hydrant/hose relay facilities and a fire equipment driver training areas. Future phases of the training center improvements will include a classroom training building; and a training and burn tower that can also be used for repelling and burn training. As part of this project the marshlands on the site will be used as a demonstration site for sustainable landscape design and natural resources restoration and will work to better connect the surrounding neighborhoods. Requests To build this project, the city is requesting approval of the following: • Land use plan amendment • Rezoning/conditional use permit for a planned unit development • Design plans for the site and buildings • Wetland map amendment BACKGROUND The city has worked a number of years on developing a plan for the use of the property at the Highway 5 and Highway 120 intersection of which the majority is owned by the Minnesota Department of Transportation (MnDOT). MnDOT has stated their willingness to convey this site to the City. Both parties have developed and reviewed a Cooperative Agreement to facilitate this land transfer. MnDOT will continue to operate its maintenance operations on 6.2 acres of the total site. In addition various concepts for the marshlands improvements have been discussed in past years including creating natural areas, providing for trails, and educational components. The marshlands concepts are intended to be phased into the development of the joint use fire training facility. A joint work group comprised of the City Engineer, Maplewood Fire Chief, Oakdale Fire Chief, SEH project representative, and MnDOT staff has worked towards an acceptable layout for the site. This group has met officially twice to ensure maintenance needs are met and the needs of the Agenda Item I1 Packet Page Number 157 of 189 2 training facility and environmental component are met. Regarding the training facility; a steering committee has been formed made up of four area fire chief's; two from Ramsey County and two from Washington County; Tim Boehlke from Lake Johanna, Stu Glaser from Stillwater, Jeff Anderson from Oakdale and Steve Lukin from Maplewood. The steering committee will be directing the project until it is ready to open at which time the steering committee will turn all authority and responsibility over to the members of the JPA board. The committee continues with the development of a partnership with Century College to provide training programs and determine what role they will play regarding the ongoing operating expenses. In addition the committee continues to look at other possible partnerships and revenue streams. The committee met with Ramsey County police Chiefs Association, the Washington County Sheriff and the Ramsey County Sheriff for their input. Over the course of the past six months 15 area fire department training officers have been meeting to plan and determine the needs of the training facility. At this time the type of props and their designs are being done in regards to a five-story burn tower and a two-story residential home with an attached two-car garage burn building. Each of these buildings will have the capability of utilizing both a Class A burn which is done utilizing bales of hay and wooden pallets and the other is a class B burn utilizing props fueled by propane and fake smoke. The third structure to be built is a storage facility with the capability of doing training inside utilizing full-size vehicles and large training props. This building will also have a small classroom and will be able to accommodate other types of training for both police and fire year-round. The fourth structure on-site will be the training classroom building. This building will have a large 100 seat classroom, 2 to 3 breakout classrooms and a simulation lab training area. At this time the basement area of this building will be left open for future expansion. DISCUSSION Land use plan amendment The property is currently not guided by the city’s comprehensive plan as it is designated as MnDOT right-of-way. MnDOT acquired the land in September 1969. Because MnDOT acquired and holds title to the land instead of it being dedicated for right-of-way purpose, MnDOT is free to transfer the property. The transfer of the land requires the city to apply a future land use designation to the parcel of land. This designation will apply to the entire 20.51 acre site. The 2030 Comprehensive plan guides all publicly held land, which is not park or open space, as government (G). It is staff’s recommendation the government designation be applied to this site. The government designation is consistent with the current use of the site as a MnDOT maintenance area and the future use as a public safety training center. Zoning The site also does not have zoning attributed to the property. This project is being developed with a conditional use permit (CUP) for a planned unit development (PUD) and thus upon approval the zoning of the site will be PUD. Section 44-6 defines PUDs as a type of development characterized by a unified site design, with two or more principal uses or structures. The project will include several buildings and multiple uses to qualify it as a PUD. Packet Page Number 158 of 189 3 Conditional use permit A joint powers agreement will be approved by the Maplewood city council to define hours of operation and weather conditions for various types of training sessions. Chief Lukin has indicated to staff the hours of operation for the site would be 9 a.m. to 10 p.m. Staff is recommending the CUP for this site require that no operations occur on site outside of those stated hours. In addition planning staff has been told that burn training will consist of both propane and Class A burns. Class A burns would be conducted with hay bales or wood pallets and would produce low levels of smoke. However, to reduce the potential for off-site concerns, Class A burns will be limited to wind speed and direction conditions favorable to the surrounding neighborhoods. Most of the burn training will be on inside buildings and on props that use propane and produce little to no smoke. Simulated (theatrical) smoke will be used inside buildings to create a more realistic training environment for firefighters. As described in the zoning discussion, this site is being developed with a CUP for a PUD. Section 44-1092 states that any public service or public building uses require a CUP. A PUD approval is being sought because of the multiple uses occurring on site and the use of metal siding for the simulation and training building. In addition to the training building, MnDOT will continue to use a portion of the land for its operations and a portion of the land will be dedicated to the rehabilitation of wetlands and upland buffers to and creation of a sustainable trail to incorporate the marshlands concepts into the overall site plan. PUD Criteria for Flexibility in Design Section 44-1093(b) of the PUD ordinance states that the city council may consider flexibility from strict code compliance in the internal and external design requirements of a proposed PUD and may consider deviations from those requirements. Deviations may be granted for planned unit developments provided that: 1. The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature. 2. The PUD would be consistent with the spirit, intent and purposes of this chapter. 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. 4. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. 5. The deviations are required for the reasonable and practical physical development of the project. Section 12-5 prohibits metal storage buildings typically known as pole barns. The simulations and training building is proposed to use architectural sheet metal to produce an attractive building and in staff’s opinion would not be classified as a pole barn. In addition, because of the building’s site location along with surrounding vegetation and the proposed berming along Highway 120 this building would not be within direct or unobstructed view of any surrounding residential properties. Packet Page Number 159 of 189 4 Design Review Site Layout The project plans show access to the site coming off MN Highway 120 in what will be a modification of the intersection and traffic signal at MN Highway 5. The first phase of the East Metro Public Safety Training Center will consist of building the burn building. The building will be slab on grade without an actual basement, but will be designed to simulate basement fires within the structure. Each level will be set up with several different rooms to simulate residential fires. The roof will be designed with low and steep pitches with roof penetration panels and an access/observation walkway. A two-stall garage will be attached adjacent to the ‘house’ and a single-stall garage will be included for Class ‘A’ burns and storage. The second structure built with the initial phase of implementation will be the Simulation and Training Building. The approximate 7,800 square foot building will provide a work shop, self- contained breathing apparatus room, individual storage areas for each jurisdiction using the facility and a large open area for simulations, prop construction and set up, training and storage. The building will include a 2,100 square foot area that will include space for on-site pre- and post- training briefings, two small offices, restroom facilities and mechanical/electrical support. Structures to be built in Phase 1 will be located toward the western perimeter of the site. The locations of these structures will allow adequate room for staging trucks and equipment during training operations. The training yard layout will accommodate installation of the Training Tower to be completed in a future phase, or in Phase 1 if funding is available. The Training Center yard area will be accessed from a bituminous entry drive with concrete curb. A 10-foot high chain link fence with lockable access gates will enclose the Training Center yard area. A vegetation berm along the east property line will also be installed. Hydrants for hose relay training will be installed within the training yard and along the proposed fire equipment driving course. Lighting will be installed along the entry drive and within the training yard for security and for nighttime training sessions. Lighting within the yard area will be used primarily for set-up and clean- up of night time training sessions, with the yard lighting turned off during active training sessions to better simulate live conditions. Several sustainable design features will be integrated into the training center to meet City of Maplewood Sustainable Building goals as well as addressing the B3 Sustainable Building Guidelines as required for State funded buildings. The site will be investigated for the opportunity to incorporate geothermal heating and cooling in the Simulation and Training Building and the future Classroom Building. Landscaping will be designed to integrate sustainable concepts into the entry drive features, screening and in the buffer areas surrounding the site. The goal is for the completed site to serve as another demonstration site for sustainable landscape design like the Maplewood Nature Center and City Hall. Features will include rain water gardens for natural infiltration and filtration areas, and energy-scaping and sustainable plantings with low maintenance, drought tolerant species and little to no lawn area. Phase 2 will consist of the main classroom building on the northeast portion of the site, along with parking for the classroom and additional training equipment in the training structures. The classroom building will have 70 parking spaces. The original proposed site plan does not meet the 15-foot parking lot setback from the MN Highway 120 setback. Engineering staff has been working with MnDOT to determine the property right-of-way width for MN Highway 120. Engineering staff has indicated to planning staff that the site plan is being revised to meet all setback requirements. The applicant will be required to submit a revised site plan showing setbacks being met. The Packet Page Number 160 of 189 5 revised plan should also display parking stall dimensions. Building Elevations The burn building and training tower will be built with precast concrete; specifically designed and manufactured for this particular use. The simulation and training building will be built using architectural metal siding. Building materials for the classroom building have not been proposed yet and it is recommended that as a condition of approval the CDRB approve the building materials and elevations. Landscaping The applicant did not submit a fully developed landscape plan but is coordinating with the city’s naturalist for the immediate site and the surrounding marshlands. It is recommended that as a condition of approval the CDRB approve the landscape plans. Wetlands Wetlands on the site were originally delineated in 2005 (Attachment 3), with an updated map review in 2011 (Attachment 4). The Maplewood Wetland Map shows six wetlands located on the site (Attachment 5). Wetlands 1 and 2 are designated as Manage B wetlands with a required 75 foot buffer. Buffers of 75 to 100 feet will be maintained around these wetlands with the East Metro Public Safety Facility development. Wetlands 3 through 6 were developed incidentally as a result of the activities associated with the grading and fill material completed by MnDOT in the 1970s. These water bodies will be impacted by the development. The wetland delineation report found the wetlands to be incidental. The Ramsey Washington Metro Watershed District and the wetland Technical Evaluation Panel agreed with this assessment. The watershed will be removing wetlands 3-6 from their wetland maps and regulatory review (Attachment 6). The City of Maplewood’s wetland classification map was adopted in 2009 as part of the new wetland ordinance. The wetland ordinance states that the city council will adopt changes to the wetland map which are based on MnRAM studies and other technical data which has been approved by watershed districts. Because the wetlands have been deemed incidental, the city should formally remove them from our wetland map. The Environmental and Natural Resources Commission reviewed the removal of the wetlands from the city’s wetland map during their May 21 meeting. Based on the opinion by the watershed district that the wetlands 3 through 6 are non-historical and as such incidental, the ENR Commission recommended approval of the removal of wetlands 3 through 6 from the city’s wetland map. Marshlands The Marshlands will be one of Maplewood’s key demonstration sites for sustainable landscape design and natural resources restoration. The concept includes four main components. 1. Sustainable landscaping. The site design and landscaping will use sustainable landscaping principles and include rain gardens, planted parking lot medians, drought-tolerant, low- maintenance plantings, and plantings designed to lessen building energy usage. Packet Page Number 161 of 189 6 2. Natural area restoration. Portions of the site that are not developed will be restored to native prairie and woodland. Areas of wetland buffer will be enhanced. 3. Trail Connections. A rustic trail will connect the Marshlands site to Southwood Nature Preserve north of Holloway Avenue and to the Sterling Street Trail west of the site. Most of the trail will be on Ramsey County Open Space, with short segments through Hill-Murray land and the Marshlands (Attachment 5). 4. Environmental Education. Maplewood Nature Center will schedule educational events at the site such as naturalist-led hikes. There is opportunity for some unique environmental programming in collaboration with firefighters. At this point, Ramsey County Parks is not interested in building or maintaining a trail on the county open space, but the county of open t giving the city a trail easement across county land. Hill-Murray School is supportive of the trail connecting to Sterling Street Trail, across the northwest corner of their site. Other trail connection options are being explored as part of the plan. City Engineering Department Comments Michael Thompson, the city’s engineer, is the project lead for the city and has reviewed the plans and has no additional comments. COMMISSION ACTION May 21, 2012: The ENR recommended approval of the removal of incidental wetlands 3 through 6 from the city’s wetland map. May 22, 2012: The community design review board (CDRB) recommended approval of the proposed site plan and building elevations for the burn building, training tower and simulation and training buildings. The CDRB recommended the landscape plan and building elevations for the classroom training building be brought back for board approval. June 5, 2012: The planning commission (PC) recommended approval of the proposed land use plan amendment and the CUP for a PUD. June 18, 2012: The ENR Commission reviewed the stormwater and drainage elements of the project. RECOMMENDATIONS A. Adopt the resolution approving a comprehensive land use plan amendment from unguided right-of-way to G (government) for the property located west of the MN Highway 120 and MN Highway 5 intersection. Approval is based on the following reasons: 1. The property is presently utilized by MnDOT which would be compatible with a land use classification of G. 2. The future use of this site is a public safety training center which will be utilized by multiple public jurisdictions. 3. The classification to G would guide a piece of land that currently does not have any future land use classification. Packet Page Number 162 of 189 7 This action is subject to the approval of this land use plan amendment by the Metropolitan Council. B. Adopt the resolution approving a conditional use permit for a planned unit development for the proposed East Metro Public Safety Training Facility, which the site also includes MnDOT’s continued operations and the marshlands rehabilitation project. This development will be on the west side of MN Highway 120 at its intersection with MN Highway 5. This approval includes the use of metal siding for the simulation and training building. Approval is subject to the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan date-stamped May 14, 2012. Staff may approve minor changes. 2. The city council shall review this permit in one year. 3. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. Comply with the requirements of the city’s engineering department. 5. The applicant shall work with the building official and fire marshal to ensure compliance with applicable codes. 6. This approval does not include landscaping plans or building elevations for the classroom training building which shall be submitted for community design review board approval. 7. Hours of operation shall be limited to 9 a.m. to 10 p.m. and the site must be in compliance with the city’s noise ordinance at all times. 8. City council must approve a joint powers agreement with partnering jurisdictions that will limit the use of the burn buildings when weather conditions may cause smoke and other irritants to affect nearby residential neighborhoods. C. Approve the design plans date-stamped May 14, 2012, for the East Metro Public Safety Training Center. This development will be on the west side of MN Highway 120 at its intersection with MN Highway 5. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Comply or continue compliance with all engineering requirements. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Submit a landscape plan for the training area and a landscape plan for marshlands and Packet Page Number 163 of 189 8 trail area to the CDRB for approval. d. Get the necessary approvals and permits from the watershed district and provide the city verification that all watershed district provisions are met before the city issues a building or a grading permit for the site. e. Submit a site lighting plan for city staff approval. This plan shall show the installation of all lights and how the lighting on the buildings would add to the site lighting. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. This plan shall show the height and style of all outdoor lights and that the light illumination from outdoor lights does not exceed 0.4 foot candles at all property lines. f. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans. g. Submit revised, detailed building plans and elevations for the classroom training building to the CDRB for approval. These elevations shall show or include (but are not limited to): (1) the colors of all materials, (2) all elevations of all buildings (3) material to be used h. Submit a revised site plan showing all parking lot setback being met. 3. Complete the following before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards and sod all turf areas. c. Install the required concrete curb and gutter. d. Install all the required exterior improvements, including all exterior lighting. e. Show that Ramsey County has recorded the land as a legal parcel. f. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. If any required work is not done, the city may allow temporary occupancy if the city determines that the work is not essential to the public health, safety or welfare. 5. All work shall follow the approved plans. The director of community development may Packet Page Number 164 of 189 9 approve minor changes. 6. This approval does not include signs. Any signage will be reviewed by city staff through the sign permit process. D. Adopt the resolution approving the wetland map amendment for the removal of wetlands 3 through 6 from the city’s wetland map based on the opinion by the watershed district that the wetlands are non-historical and as such incidental. Packet Page Number 165 of 189 10 REFERENCE INFORMATION SITE DESCRIPTION Site size: 20.51 acres Existing land use: MnDOT Maintenance Area SURROUNDING LAND USES North: Ramsey County Open Space South: Ramsey County Open Space West: Ramsey County Open Space and MnDOT Maintenance Area East: MN Highway 120 PLANNING Proposed Land Use Plan designation: Government (G) Proposed Zoning: Planned Unit Development (PUD) Criteria for CUP/PUD Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. See findings 1-9 in the resolution. REVIEW DEADLINE This review is generated by the city. There is no deadline for action by the city council. p:sec 13-29\East Metro Public Safety Training\ East Metro Public Safety Training Design Review_CC_062512 Attachments: 1. Location map and aerial photo 2. Burn buildings renderings 3. 2003 wetland map 4. 2011 wetland map 5. Site wetland map 6. Ramsey Washington Metro Watershed District’s technical evaluation report 7. Land use plan amendment resolution 8. CUP/PUD resolution 9. Wetland map amendment resolution Packet Page Number 166 of 189 CENTURY AVE NHOLLOWAY AVE LARPENTEUR AVE E MONASTERY WAY BENET R D WOODLAND LNEast Metro Public Safety Training Center Location Map and Aerial Photo Attachment 1 Proposed Public SafetyTraining Site Packet Page Number 167 of 189 Attachment 2 Packet Page Number 168 of 189 Attachment 2 Packet Page Number 169 of 189 Attachment 3 Packet Page Number 170 of 189 Extent of Wetland JurisdictionProject: MAPLE0602.01 Figure 1 3535 VADNAIS CENTER DR. ST. PAUL, MN 55110 PHONE: (651) 490-2000 FAX: (651) 490-2150 WATTS: 800-325-2055 www.sehinc.comMap Document: (L:\Resources\Cartographic\Templates\EmptyLayouts\A_ANSI_8x11P\8x11P_Std.mxd)2/13/2009 -- 12:45:14 PMMarshlands Fire Training FacilityMap by: drd Projection: UTM NAD 83 Source: HIG Print Date: 11/29/2011 Maplewood, Minnesota This map is neither a legally recorded map nor a survey map and is not intended to be used as one. This map is a compilation of records, information, and data gathered from various sources listed on this map and is to be used for reference purposes only. SEH does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and SEH does not represent that the GIS Data can be used for navigational, tracking, or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The user of this map acknowledges that SEH shall not be liable for any damages which arise out of the user's access or use of data provided. 2011 Wetland Delineation Wetland 1 - Regulated by WCA and USACE Remaining wetlands - Exempt from WCA, and isolated per USACE Approved Jurisdictional Determination Attachment 4 Packet Page Number 171 of 189 Maplewood Base Map ESRI ESRI Support Center Help Find Address Print Results Map Contents MaplewoodBaseMap City View Parcel View Water Street Names Building Numbers Apt Numbers Buildings Road Edge Parcels Zoning Classifications Land Use Classifications Wetlands Manage A Manage B Manage C Storm Water Pond Public Land (uncheck to FEMA Flood Information Copyright 0 43 86 172 258 344 Feet Attachment 5Packet Page Number 172 of 189 Attachment 6Packet Page Number 173 of 189 Attachment 6Packet Page Number 174 of 189 Attachment 6Packet Page Number 175 of 189 Attachment 7 LAND USE PLAN AMENDMENT RESOLUTION WHEREAS, Fire Chief Steve Lukin of City of Maplewood has requested a change to the City of Maplewood’s land use plan from unclassified right-of-way to G (government) for consistency between the plan and actual use of the land. WHEREAS, this change applies to the property located west of Highway 120 and Highway 5. The legal description is: All that part of the following described tract: The Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section 13, Township 29 North, Range 22 West; which lies northeasterly of a line run parallel with and distant 100 feet southwesterly of the following described line: Beginning at a point on the east line of said Section 13, distant 1324.13 feet North of the southeast corner thereof; thence run westerly at an angle of 90 degrees with said east section line for 186.63 feet; thence deflect to right on a 10 degree 00 minute curve (delta angle 29 degrees 20 minutes) for 293.33 feet; thence on tangent to said curve for 100 feet and there terminating. WHEREAS, the history of this change is as follows: 1. On June 5, 2012, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the land use plan change. 2. On June 25, 2012 the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council ___________ the above described change for the following reasons: 1. The property is presently utilized by MnDOT which would be compatible with a land use classification of G. 2. The future use of this site is a public safety training center which will be utilized by multiple public jurisdictions. 3. The classification to G would guide a piece of land that currently does not have any future land use classification. Packet Page Number 176 of 189 2 This action is subject to the approval of this land use plan amendment by the Metropolitan Council. The Maplewood City Council _________ this resolution on June 25, 2012. Packet Page Number 177 of 189 Attachment 8 CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENT RESOLUTION WHEREAS, Fire Chief Steve Lukin of City of Maplewood has applied for a conditional use permit for a planned unit development to build a public safety training center. WHEREAS, Section 44-6 of the city ordinance provides that a PUD can be a development characterized by a unified site design with two or more principal uses or structures. ‘ WHEREAS, the site will also include MnDOT’s continued operations and the marshlands rehabilitation project. WHEREAS, Section 44-1093(b) of the city ordinance provides that the city council may consider flexibility from strict code compliance in the internal and external design requirements of the project dependent upon the following findings: 1. The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature. 2. The PUD would be consistent with the spirit, intent and purposes of this chapter. 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. 4. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. 5. The deviations are required for the reasonable and practical physical development of the project. WHEREAS, the applicant is requesting that the city allow a building to be constructed with architectural siding. WHEREAS, this permit applies to the property located west of Highway 120 and Highway 5. The legal description is: All that part of the following described tract: The Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section 13, Township 29 North, Range 22 West; which lies northeasterly of a line run parallel with and distant 100 feet southwesterly of the following described line: Beginning at a point on the east line of said Section 13, distant 1324.13 feet North of the southeast corner thereof; thence run westerly at an angle of 90 Packet Page Number 178 of 189 2 degrees with said east section line for 186.63 feet; thence deflect to right on a 10 degree 00 minute curve (delta angle 29 degrees 20 minutes) for 293.33 feet; thence on tangent to said curve for 100 feet and there terminating. WHEREAS, the history of this conditional use permit is as follows: 1. On June 5, 2012, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the conditional use permit request. 2. On June 25, 2012 the city council discussed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above- described conditional use permit and architectural metal siding building, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause no more than minimal adverse environmental effects. 10. The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature. 11. The PUD would be consistent with the spirit, intent and purposes of this chapter. Packet Page Number 179 of 189 3 12. The PUD would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. 13. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. 14. The deviations are required for the reasonable and practical physical development of the project. Approval is subject to the following conditions: 1. All construction shall follow the site plan date-stamped May 14, 2012. Staff may approve minor changes. 2. The city council shall review this permit in one year. 3. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. Comply with the requirements of the city’s engineering department. 5. The applicant shall work with the building official and fire marshal to ensure compliance with applicable codes. 6. This approval does not include landscaping plans or building elevations for the classroom training building which shall be submitted for community design review board approval. 7. Hours of operation shall be limited to 9 a.m. to 10 p.m. and the site must be in compliance with the city’s noise ordinance at all times. 8. City council must approve a joint powers agreement with partnering jurisdictions that will limit the use of the burn buildings when weather conditions may cause smoke and other irritants to affect nearby residential neighborhoods. The Maplewood City Council __________ this resolution on June 25, 2012. Packet Page Number 180 of 189 Attachment 9 Resolution No _____ Changes to the Maplewood Wetland Map WHEREAS, on December 14, 2009, the Maplewood City Council adopted a wetland ordinance (Ordinance No. 895) dealing with wetland regulations. WHEREAS, as part of the ordinance the City Council adopted a wetland classification map. The map is based on wetland classifications from Minnesota Routine Assessment Method (MnRAM) wetland studies and assigned by the applicable watershed districts. WHEREAS, the ordinance states that the City Council will adopt changes to the wetland map which are based on MnRAM and other studies conducted and approved by watershed districts. WHEREAS, in 2005 and 2011 the City of Maplewood had wetlands delineated on a 20.5- acre vacant lot located west of the intersection of Century Avenue and Highway 5 (refer to wetland delineation map attached). WHEREAS, the wetland delineation found that Wetlands 3 through 5 were developed incidentally as a result of the activities associated with the grading and fill material completed by the Minnesota Department of Transportation (MnDOT) in the 1970s. WHERES, in November 2011 the Local Governmental Unit (MnDOT) and Technical Evaluation Panel (Ramsey Washington Metro Watershed District) reviewed the delineation report and agreed with the assessment that Wetlands 3 through 5 are non-historical wetlands and thus incidental. As such, Ramsey Washington Metro Watershed District will be removing the wetlands from their wetland classification map. WHEREAS, On May 21, 2012, the Maplewood Environmental and Natural Resources Commission reviewed the Local Governmental Unit and Technical Evaluation Panel decision that Wetlands 3 through 5 are non-historical and incidental, and recommended that the City Council remove the wetlands from the City’s wetland classification map. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described wetland map change because Wetlands 3 through 6 have been found to be non-historical and incidental and the Ramsey Washington Metro Watershed District will be removing them from their wetland classification map. \The Maplewood City Council ________ this resolution on June 25, 2012. Packet Page Number 181 of 189 Agenda Item I.2 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Solid Waste Management Summary Ordinance (Super Majority Vote) DATE: July 19, 2011 for the July 25 City Council Meeting INTRODUCTION The City Council adopted the solid waste management ordinance on June 11, 2012. The ordinance goes into effect upon publication. According to state law, the City Council may direct that a summary of an ordinance be published rather than the entire ordinance text. The solid waste management ordinance contains 15 pages of text which would be costly to publish. As such, staff is recommending the City Council authorize a summary ordinance for publication. DISCUSSION State statute requires that summary ordinances give an accurate synopsis of the essential elements of the ordinance. Staff proposes the following language for the summary ordinance: Ordinance No. 921 Maplewood Solid Waste Management Ordinance On June 11, 2012, the Maplewood City Council adopted an ordinance which regulates the management of solid waste within the City. A summary of the ordinance follows: 1. Solid waste is defined as 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. 2. The goal of the solid waste management ordinance 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. 3. Any person collecting garbage, designated recyclables, or other solid waste in the city must secure a license from the city to do so. Packet Page Number 182 of 189 2 4. All residents and commercial properties shall separate all designated recyclables from solid waste. These source separated items shall be collected for separate recycling, processing or treatment. 5. 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 by the city. 6. Only the city-contracted garbage collector may collect garbage at residential properties (1 to 4 units). 7. Every person occupying a residential property (1 to 4 units) shall utilize the city- provided garbage carts for the disposal of garbage. 8. The owner, operator, or manager of any multiple-family property with more than 4 units or commercial property must supply garbage collection at least once weekly by a garbage hauler licensed to do business in the city. 9. Only the city-contracted recyclables collector may collect and process recyclables set out for recycling collection at the curb or alley line. 10. 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. 11. Collection of residential and multiple-family dwelling unit’s recyclables shall be in accordance with the times outlined in the city’s contract for recyclables collection, Monday through Saturday. 12. The collection of garbage and recyclables for commercial properties shall occur between the hours of 6 a.m. and 6 p.m. 13. Each residential garbage collection licensee must schedule collection pickups as established by the City of Maplewood day-certain pick up schedule. 14. 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. 15. Regulations regarding the collection and composting or disposal of yard waste. 16. Manufactured homes and townhomes may opt into the city-contracted garbage hauling service with city approval. The solid waste management ordinance goes into effect after publication. An official copy of the ordinance is on file in the office of the Maplewood Community Development Department at 1830 County Road B East, Maplewood, or can be obtained on the City’s website at www.ci.maplewood.mn.us/trash. Questions regarding this ordinance should be directed to Shann Finwall, Environmental Planner at (651) 249-2304 or shann.finwall@ci.maplewood.mn.us. RECOMMENDATION Adopt the above-mentioned solid waste management summary ordinance. Once approved by the City Council, staff will publish the summary ordinance in the City’s official newspaper. Packet Page Number 183 of 189 Agenda Item I.3 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Resolution Establishing Solid Waste Collection License Fees DATE: June 19, 2012 for the June 25 City Council Meeting BACKGROUND On June 11, 2012, the City Council adopted a solid waste management ordinance. The ordinance establishes regulations for the management of solid waste in the city, including licensing requirements for the collection of solid waste. The ordinance specifies that the City Council will set the fee for collection licenses from time to time as needed. DISCUSSION 2012 Licensing Requirements Following is a summary of the collection licensing requirements specified in the solid waste management ordinance:  Collection of garbage, recyclables, yard waste, or other solid waste in the city from any residential, multiple-family, or commercial property requires a license from the city.  License application requires the name and address of the applicant.  License carries a fee which is established by the City Council.  No license may be issued for more than one year and shall expire on December 31 of each year.  The applicant shall: o Use tandem axles or flotation tires to reduce the per-axle weight of all trucks used for collection of solid waste. o 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. o Provide collection carts or dumpsters to customers upon their request. o Provide collection of yard waste to customers upon their request. o Provide special or extraordinary collection services, such as bulky waste removal, within two (2) business days of a customer’s request. o Provide special service collection arrangements for customers to accommodate their physical health concerns. o Properly contain all garbage or recyclables such that no blowing or escape from trucks of solid or liquid waste or recyclables occurs. o Provide information to all customers that may be required of the City by county, metropolitan, state, or federal governments. o Provide a certificate of public liability insurance (general liability, auto liability, workers compensation insurance). o Comply with the City’s day-certain pick up schedule for residential routes. o Report accumulations of garbage that violates the solid waste management ordinance. Packet Page Number 184 of 189 2 o Vehicle requirements:  Shall be covered and closed.  Kept clean and free from offensive odors as possible.  Remain in compliance with Minnesota Department of Transportation Rules and Regulations. o Suspension or revocation of licenses occur when:  Failure to comply with the solid waste management ordinance after a hearing from the City Council.  The City may suspend the licensee’s right to operate under the terms of the license and order their appearance at the next regular meeting of the City Council for a hearing on whether the suspension should continue in effect.  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. Current Licensing Fee and Process The City’s current license fee for solid waste collection is $129 per year. During the City’s Collection System Analysis study in 2011, the Trash Hauling Working Group studied the City’s collection licensing process, requirements, and fees. The process includes the business licensing clerk sending out renewal notices, collecting the fee and verifying insurance. Haulers were also required to submit their rates which were published on the City’s website. After this was complete the business licensing clerk would submit a permit to the applicant. On average this work took two hours per year, per license to process. It was estimated that the City was just recouping its expenses based on this process. To ensure compliance with all licensing requirements including verifying truck axels, service route maps, offering of yard waste, offering of special collections, etc., the Trash Hauling Working Group estimated that it would take an additional one to four hours per license to review. Based on this, the licensing fee would need to be increased by $15 to $303 more per year. Neighboring Cities’ Licensing Fees Following is a list of collection license fees charged by neighboring cities: Organized Residential Trash Collection Cities Little Canada - $150 North St. Paul - $200 Vadnais Heights – $145 for first two vehicles plus $65 for each additional vehicle White Bear Lake – $50 Open Residential Trash Collection Cities Newport - $300 Oakdale – $810 Roseville - $125 St. Paul - $345 for first vehicle plus $72 for each additional vehicle Woodbury – $400 Packet Page Number 185 of 189 3 Each city has different licensing requirements which might warrant the fees they charge. As an example, the City of St. Paul requires each hauler to have their trucks inspected yearly. Under the organized trash collection cities the City of North St. Paul requires a license, fee, and certificate of insurance and the City of Vadnais Heights requires a license, fee, certificate of insurance, and vehicle requirements. Proposed Licensing Process and Fee Licensing requirements in the 2012 solid waste management ordinance are similar to the previous licensing requirements, except for the requirement to submit trash hauling rates. Therefore, the City Council should consider raising the licensing fees to ensure adequate review of all aspects of collection licensing requirements. Staff estimates an additional two hours of staff time to review all 2012 solid waste management ordinance licensing requirements. Based on this estimate and a comparison of surrounding cities’ licensing fees, staff recommends increasing the collection license fee to $250 per year, per hauler. RECOMMENDATION Adopt the attached resolution (Attachment 1). This resolution establishes the solid waste collection licensing fee at $250 per year, per hauler. Attachment 1. Solid Waste Collection Licensing Fee Resolution Packet Page Number 186 of 189 4 Attachment 1 RESOLUTION NO.____ Solid Waste Collection Licensing Fees WHEREAS, the Maplewood City Council has adopted a solid waste management ordinance (Ordinance No. 921) on June 11, 2012. WHEREAS, one of the stated goals in the solid waste management ordinance is to ensure the protection of public health and safety and promote city cleanliness and livability. WHEREAS, one way of achieving the above-mentioned goal is to ensure appropriate city controls over insurance, vehicle, and operation regulations for persons desiring to collect garbage, yard waste, recyclables, or other solid waste in the city. WHEREAS, to ensure appropriate city controls as mentioned above, the solid waste management ordinance requires all persons who wish to collect garbage, yard waste, recyclables, or other solid waste in the city to first secure a license from the city to do so. WHEREAS, the solid waste management ordinance specifies that the City Council will set the fee for solid waste management collection licenses from time to time as needed. WHEREAS, the Maplewood City Council hereby sets the solid waste management collection license fee at $250 per year. NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood adopts the above- mentioned collection license fee amount. Maplewood City Council authorizes this resolution on _____________________, 2012. Packet Page Number 187 of 189 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 188 of 189 AGENDA NO. L1 AGENDA REPORT TO: James Antonen, City Manager FROM: Charles Ahl, Assistant City Manager SUBJECT: Cancellation of July 2, 2012 Council Manager Workshop DATE: June 25, 2012 INTRODUCTION/ BACKGROUND Independence Day (July 4th) falls on a Wednesday this year. Typically there is a Council Manager Workshop on the 1st Monday of the month. Due to how close the meeting is to the holiday, I have asked each staff member about schedules for this date and have found nothing major that cannot be scheduled either later in July or August. Thus, staff is recommending that the City Council cancel, rather than reschedule, the July 2, 2012 Council Manager Workshop. A motion to cancel is appropriate, so that staff can provide the appropriate notice. RECOMMENDATION It is recommended that the City Council approve a motion to cancel the July 2 , 2012 Council – Manager Work Session due to the conflict with Independence Day. Packet Page Number 189 of 189