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HomeMy WebLinkAbout2013 10-14 City Council Meeting PacketThe Maplewood City Council Serves as the Maplewood Area Economic Development Authority and Will Conduct a Meeting as Such Preceding the City Council Meeting. NOTE: The EDA Public Hearing that was scheduled for the Approval of Purchase Agreements for City-Owned Real Property, Castle Avenue and Van Dyke Street is Cancelled. AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 14, 2013 City Hall, Council Chambers Meeting No. 18-13 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 September 23, 2013 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. 3M Companies -- Doug Stang; Information and Photos of Groundbreaking Ceremony for R & D Facility 2. Adoption of Proclamation Declaring the Week of October 20-26, 2013 as Minnesota Manufacturers’ Week in the City of Maplewood a. Neng Lee, Minnesota Department of Employment and Economic Development (DEED) b. Gladstone Window and Door c. Truck Utilities d. Garden Fresh Farms 3. Adoption of Proclamation to Tubman Family Alliance: Domestic Violence Awareness Month 4. Appointment to Parks & Recreation Commission a. Resolution for Appointment G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Approval of Summary Ordinance for the Subsurface Sewage Treatment System Ordinance 3. Approval of Resolution Certifying Election Judges for the November 5, 2013 General Municipal Election 4. Approval of Annual Maplewood Historical Society Payment 5. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 2 with Weber, Police Department Expansion Project - Phase 1A 6. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 5 with Weber, Police Department Expansion Project - Phase 2 7. Approval to Amend Contract with The Conservation Fund to Extend Sale of Real Estate for Fish Creek 8. Approval of Joint Powers Agreement With Ramsey County For Violent Crime Enforcement Team 9. Approval of 3M Developer Agreement, Project 12-15 10. Approval of Resolution to Enter Into Cooperative Agreement with MnDOT for East Metro Public Safety Training Facility, Project 09-09 11. Approval of Maintenance Agreement With Washington County, Ramsey County, and Woodbury, Project 03-15, Century Avenue Improvements 12. Approval of Purchase of Fleet Maintenance Parallelogram Lift 13. Approval of Purchase of Single Axle Plow Truck 14. Approval of Consulting Contract for Marketing and Advertising H. PUBLIC HEARINGS 1. Approval of Second Reading Amending the Ordinance Regulating Off-Sale Intoxicating Liquor Licenses Distance Requirements and Lifting the Moratorium on New Off-Sale Licenses I. UNFINISHED BUSINESS 1. Approval of Purchase of Carts Through the Recycling Contract 2. Approval of 2014 Charitable Gambling Awards J. NEW BUSINESS 1. Approval of an Annual Currency Exchange License Renewal for EZ Cash Maplewood LLC, 3035 White Bear Avenue 2. Preliminary Approval for Issuance of Refunding Bonds 3. Approval of Resolution Supporting Police Department Policy Development K. AWARD OF BIDS None L. VISITOR PRESENTATIONS M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update 2. Cancellation of the November 4, 2013 Council Manager Workshop N. COUNCIL PRESENTATIONS O. 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. THIS PAGE IS INTENTIONALLY LEFT BLANK E1 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, September 23, 2013 Council Chambers, City Hall Meeting No. 17-13 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:02 p.m. by Mayor Rossbach. Boy Scouts from Troop 197 - Gethsemane Lutheran Church were in attendance to earn their merit badge in communication. B. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Boy Scouts from Troop 197 C. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA N1 Arkwright/Sunrise Project N2 Recycling Carts Councilmember Cave moved to approve the agenda as amended with additions to N1. Seconded by Councilmember Koppen Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of September 9, 2013 City Council Workshop Minutes Councilmember Juenemann moved to approve the September 9, 2013 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of September 9, 2013 City Council Meeting Minutes Councilmember Juenemann requested “ready” be changed to “reader” in agenda item G4. Council Packet Page Number 1 of 213 E1 2 Councilmember Juenemann moved to approve the September 9, 2013 City Council Meeting Minutes as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS None G. CONSENT AGENDA Councilmember Cardinal requested agenda item G2 be highlighted. Item G2 was pulled from the Consent agenda for further discussion. Councilmember Juenemann moved to approve agenda items G1 and G3-G6. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE $ 262,978.99 Checks # 90637 thru # 90690 dated 08/30/13 thru 09/15/13 $ 546,707.43 Disbursements via debits to checking account dated 09/03/13 thru 09/06/13 $ 1,412,415.39 Checks # 90693 thru # 90724 dated 09/17/13 $ 239,139.85 Disbursements via debits to checking account dated 09/09/13 thru 09/13/13 $ 2,461,241.66 Total Accounts Payable PAYROLL $ 520,145.94 Payroll Checks and Direct Deposits dated 09/13/13 $ 973.50 Payroll Deduction check # 9989540 thru # 9989542 dated 09/13/13 $ 521,119.44 Total Payroll $ 2,982,361.10 GRAND TOTAL Council Packet Page Number 2 of 213 E1 3 Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval to Solicit Quotes for a City-Wide Parks Needs Assessment Survey Parks & Recreation Director Konewko gave the staff report and answered questions of the council. Councilmember Cardinal moved to approve the staff solicit quotes for a City-Wide Parks Needs Assessment Survey and the quotes come back to the City Council for approval. Seconded by Councilmember Cave Councilmember Cardinal withdrew his motion. Mayor Rossbach moved to approve the Mayor and the City Manager enter into a contract for services for a City-Wide Parks Needs Assessment Survey and the recommendation not-to-exceed budget of $30k for these services. Seconded by Councilmember Juenemann Ayes – Mayor Rossbach, Council Members Juenemann and Koppen Nays – Council Members Cardinal and Cave The motion passed. 3. Approval of Resolution of Support for Tubman to Allow the City of Maplewood to Serve as Fiscal Agent for State Bonding Proposal Councilmember Juenemann moved to approve the resolution of support for Tubman in securing state of Minnesota bonding monies for their project and further directing the City Manager to develop documents to approve the City as fiscal agent for Tubman in this endeavor. RESOLUTION 13-9-973 Resolution of Support for Tubman To Allow City as Fiscal Agent for State Bonding Proposal WHEREAS, Tubman operates a regional Community Collaborative Service Center, Shelter for victims of violence and exploitation, and Learning Institute at the former St. Paul’s Monastery located at Monastery Way and Larpenteur Avenue, and WHEREAS, Tubman is proposing nearly $6 million in necessary code, accessibility and security improvements to the former monastery—now Harriet Tubman Center East—to facilitate this service center, and WHEREAS, Tubman is requesting state bonding support through legislation to provide for up to $720,000 in financial support to complete renovations and furnish the two remaining shelter floors in this facility, and Council Packet Page Number 3 of 213 E1 4 WHEREAS, the Maplewood City Council has previously expressed support for the services provided by Tubman for the citizens of our City and region, and WHEREAS, the State of Minnesota requires that a local government agency act as the fiscal agent for General Obligation Bond funding. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. Hereby acknowledges its support for Tubman’s request for state funding for this important project and improvement, and further supports said legislation as introduced on behalf of Tubman in the 2014 legislative session. 2. Hereby directs the City Manager to prepare documents for Council approval such that the City of Maplewood will act as the fiscal agent for Tubman in receiving financial support from the State of Minnesota. Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 4 with Weber, Police Department Expansion Project - Phase 2 Councilmember Juenemann moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order No. 4, for the Police Department Expansion Project – Phase 2. RESOLUTION 13-9-974 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT POLICE DEPARTMENT EXPANSION PROJECT - PHASE 2, CHANGE ORDER NO. 4 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 2, 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 Police Department Expansion Project – Phase 2, Change Order No. 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 which is a decrease of $860.00. The revised contract amount is $373,025.63. Adopted by the Maplewood City Council on this 23rd day of September 2013. Seconded by Councilmember Koppen Ayes – All Council Packet Page Number 4 of 213 E1 5 The motion passed. 5. Approval of Amendment to Joint Powers Agreement for Wireless Network and Support Services Councilmember Juenemann moved to approve the Amendment to the Joint Powers Agreement for Wireless Network and Support Services. Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval of a Fee Waiver for a Temporary Food Sales Permit Fee for Ramsey County Sheriff's Foundation Councilmember Juenemann moved to approve to waive the $605.00 fee for the Temporary Food Sales permit for the Ramsey County Sheriff’s Foundation’s “Fright Farm” located at the Ramsey County Fairgrounds, 2020 White Bear Avenue. Seconded by Councilmember Koppen Ayes – All The motion passed. H. PUBLIC HEARING 1. Approval of First Reading Amending the Ordinance Regulating Off-Sale Intoxicating Liquor Licenses - Distance Requirements Citizen Services Director/City Clerk Guilfoile gave the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. 1. Phillip Lu, Big Discount Liquor, Maplewood Mayor Rossbach closed the public hearing. Councilmember Juenemann moved to approve the first reading amending the Ordinance Regulating the Distance Requirements for Off-Sale Intoxicating Liquor Licenses from 1,000 feet to 2,460 feet and also instructs the distance be measured from main entrance to main entrance. The second reading of this code revision is conducted under a published Public Hearing Notice. ORDINANACE 932 Sec. 6-169 Ineligibility of certain premises. No off-sale license shall be issued under this division for premises located 2,640 feet from an existing off-sale premise. Licensed premises that fall within 2,640 feet of each other before October 25, 2013, shall be exempt from the 2,640 foot requirement until that time that the licensed establishment is sold for a purpose other than an off-sale liquor store. The distance between premises shall be measured from main entrance to main entrance. Council Packet Page Number 5 of 213 E1 6 Seconded by Councilmember Cave Ayes – Mayor Rossbach, Council Members Cave, Juenemann and Koppen Nays – Councilmember Cardinal Abstain – Councilmember Koppen The motion passed. I. UNFINISHED BUSINESS 1. Approval of Green Building Ordinance – Second Reading a. International Code Council Members Assistant Building Official Carver addressed the council and introduced Rick Hauffe, Government Affairs Officer for the International Code Council. Mr. Hauffe introduced Dave Walls, Executive Director of Sustainability Programs at the International Code Council. Mr. Walls addressed the council to presented information on ICC and the Green Building Ordinance. Mr. Hauffe further introduced Tom Bakken, President of 10,000 Lakes Chapter of the International Code Council. Assistant Building Official Carver thanked staff for their leadership and efforts towards the Green Building Ordinance. Councilmember Juenemann moved to approve the second reading of Green Building Program Ordinance. ORDINANCE 933 AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING THE GREEN BUILDING PROGRAM The Maplewood City Council approves the following addition to the Maplewood Code of Ordinances. This ordinance creates a new green building ordinance which will be placed in the Building Chapter (Chapter 12) of the city code. Section 1. Scope. This ordinance applies to the regulations of “green building” within the City of Maplewood, Ramsey County, Minnesota. This ordinance focuses on residential, commercial and industrial buildings in the City of Maplewood. This ordinance applies to City of Maplewood owned and financed buildings as determined by the City Manager and approved by the City Council. Other buildings within the City of Maplewood are NOT subject to the code provisions of this ordinance unless the building owner or representative accepts these provisions as a volunteer commitment. The City of Maplewood shall establish an incentive plan for private property choosing the voluntary commitment. Section 2. Purpose and Intent. It is the goal of the City of Maplewood to provide green building program provisions consistent with the scope of a green construction code. This green building program is intended to safeguard the environment, public health, safety and general welfare through the establishment of requirements to reduce the negative impacts and increase the Council Packet Page Number 6 of 213 E1 7 positive impacts of the built environment on the natural environment and building occupants. The green building program is not intended to abridge or supersede safety, health or environmental requirements under other applicable codes or ordinances. Section 3. Base Documents. a. ICC 700-2008 National Green Building Standards. This Standard applies to detached one and two-family dwellings and multiple single family dwellings (town-houses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located. This Standard shall also be used for subdivisions, building sites, alterations, additions, renovations, mixed-use residential buildings, and historic buildings, where applicable. b. 2012 International Green Construction Code. The provisions of this code shall apply to the design, construction, addition, alteration, change of occupancy, relocation, replacement, repair, equipment, building site, maintenance, removal and demolition, of every building or structure or any appurtenances connected or attached to such buildings or structures and to the site on which the building is located. TABLE 302.1 c. REQUIREMENTS DETERMINED BY THE JURISDICTION (MAPLEWOOD) Section Section Title or Description and Directives Jurisdictional Requirements CHAPTER 1. SCOPE 101.3 Exception 1.1 Detached one- and two-family dwellings and multiple single-family dwellings (town-houses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located, shall comply with ICC 700. X Yes  No 101.3 Exception 1.2 Group R-3 residential buildings, their accessory structures, and the site or lot upon which these buildings are located, shall comply with ICC 700. X Yes  No 101.3 Exception 1.3 Group R-2 and R-4 residential buildings four stories or less in height above grade plane, their accessory structures, and the site or lot upon which these buildings are located, shall comply with ICC 700.  Yes X No CHAPTER 4. SITE DEVELOPMENT AND LAND USE 402.2.1 Flood hazard area preservation, general  Yes X No 402.2.2 Flood hazard area preservation, specific  Yes X No 402.3 Surface water protection  Yes X No 402.5 Conservation area  Yes X No 402.7 Agricultural land  Yes X No 402.8 Greenfield sites  Yes X No Council Packet Page Number 7 of 213 E1 8 407.4.1 High-occupancy vehicle parking  Yes X No 407.4.2 Low-emission, hybrid and electric vehicle parking  Yes X No 409.1 Light pollution control  Yes X No CHAPTER 5. MATERIAL RESOURCE CONSERVATION AND EFFICIENCY 503.1 Minimum percentage of waste material diverted from landfills  50%  65% X 75% CHAPTER 6. ENERGY CONSERVATION, EFFICIENCY AND CO² EMISSION REDUCTION 302.1, 302.1.1, 602.1 zEPI of Jurisdictional Choice – The jurisdiction shall indicate a zEPI of 46 or less in each occupancy for which it intends to require enhanced energy performance. Occupancy: na zEPI: na 604.1 Automated demand response infrastructure  Yes X No CHAPTER 7. WATER RESOURCE CONSERVATION, QUALITY AND EFFICIENCY 702.7 Municipal reclaimed water  Yes X No CHAPTER 8. INDOOR ENVIRONMENTAL QUALITY AND COMFORT 804.2 Post-Construction Pre-Occupancy Baseline IAQ Testing  Yes X No 807.1 Sound Transmission and sound levels  Yes X No CHAPTER 10. EXISTING BUILDINGS 1007.2 Evaluation of existing buildings X Yes  No 1007.3 Post Certificate of Occupancy zEPI, energy demand, and CO² emissions reporting  Yes X No d. EXCEPTIONS AND DELETIONS TO THE BASE DOCUMENTS. 1. 2012 International Green Construction Code Section 101.3, exception 4 shall be deleted. 2. 2012 International Green Construction Code Section 301.1.1 shall be deleted. 3. 2012 International Green Construction Code Chapter 6 shall be an optional chapter. The 2012 International Energy Conservation Code shall be used, but not both or portions of both. Section 4. General Ordinance Provisions a. Interpretation In interpreting this ordinance and its application, the provisions of these regulations shall be held to the minimum requirements for the protection of public health, safety and general welfare as determined by the Building Official. Council Packet Page Number 8 of 213 E1 9 b. Conflict Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of the code specify different materials, methods of construction or other requirements, the most practical requirement to meet the intent of the code shall govern. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. Section 5. Ordinance Placement. a. 12-41 Seconded by Councilmember Ayes – All The motion passed. 2. Approval of Geranium Park Playground Plan Parks Manager Taylor gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the City Manager enter into a contract with Flanagan Sales Inc. in the amount of $90,000 to purchase and install new playground equipment chosen by the residents at Geranium Park. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of Marshlands Trail Agreements for East Metro Training Facility a. Hill Murray School b. Ramsey County Parks Manager Taylor gave the staff report. Parks and Recreation Director Konewko answered questions of the council. Councilmember Juenemann moved to approve the Marshland Trail Agreement with Hill Murray School. Seconded by Councilmember Koppen Ayes – All The motion passed. Councilmember Juenemann moved to approve the Marshland Trail Agreement with Ramsey County Parks and Recreation. Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval of Subsurface Sewage Treatment System – Second Reading Council Packet Page Number 9 of 213 E1 10 Assistant City Manager/Community Development Director Coleman gave the staff report. Councilmember Koppen ORDINANCE 934 moved to approve the second reading of the Subsurface Sewage Treatment System Ordinance. AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING SUBSURFACE SEWAGE TREATMENT SYSTEMS The Maplewood City Council approves the following addition to the Maplewood Code of Ordinances. This ordinance replaces Chapter 40, Article II, Division 5 (Individual Sanitary Sewer Systems) in its entirety. TABLE OF CONTENTS 1. Sec. 40-161. - INTRODUCTION ........................................................................... 11 2. Sec. 40-162. - TITLE, PURPOSE AND INTENT ................................................... 11 3. Sec. 40-163. - AUTHORITY .................................................................................. 12 4. Sec. 40-164. - EFFECTIVE DATE ........................................................................ 12 5. Sec. 40-165. - 40.195 - RESERVED ..................................................................... 12 6. Sec. 40-196. - DEFINITIONS ................................................................................ 12 7. Sec. 40-197. - SCOPE .......................................................................................... 16 8. Sec. 40-198. - JURISDICTION ............................................................................. 16 9. Sec. 40-199. - ADMINSTRATION ......................................................................... 16 10. Sec. 40-200. - LIABILITY ...................................................................................... 16 11. Sec. 40-201. - MEASUREMENT OF DISTANCES ................................................ 17 12. Sec. 40-202. - INTERPRETATION OF CERTAIN ITEMS ..................................... 17 13. Sec. 40-203. - 40-232 - RESERVED ..................................................................... 17 14. Sec. 40-233. - RETROACTIVITY .......................................................................... 17 15. Sec. 40-234. - UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT ... 17 16. Sec. 40-235. - SSTS IN FLOODPLAINS ............................................................... 18 17. Sec. 40-236. - CLASS V INJECTION WELLS ....................................................... 18 18. Sec. 40-237. - SSTS PRACTITIONER LICENSING .............................................. 18 19. Sec. 40-238. - PROHIBITIONS ............................................................................. 18 20. Sec. 40-239. - 40-269 - RESERVED ..................................................................... 19 21. Sec. 40-270. - STANDARDS ADOPTED BY REFERENCE .................................. 19 22. Sec. 40-271. - AMENDMENTS TO THE ADOPTED STANDARDS ...................... 19 23. Sec. 40-272. - VARIANCE REQUESTS ................................................................ 21 24. Sec. 40-273. - PERMIT REQUIRED ..................................................................... 21 25. Sec. 40-274. - CONSTRUCTION PERMIT ........................................................... 21 26. Sec. 40-275. - OPERATING PERMIT ................................................................... 23 27. Sec. 40-276. - ABANDONMENT CERTIFICATION ............................................... 26 28. Sec. 40-277. - MANAGEMENT PLANS ................................................................ 27 29. Sec. 40-278. - 40-309 - RESERVED ..................................................................... 28 30. Sec. 40-310. - COMPLIANCE INSPECTION PROGRAM ..................................... 28 31. Sec. 40-311. - 40-341 - RESERVED ..................................................................... 33 32. Sec. 40-342. - VIOLATIONS ................................................................................. 33 33. Sec. 40-343. - PROSECUTION ............................................................................ 34 34. Sec. 40-344. - STATE NOTIFICATION OF VIOLATION ....................................... 34 35. Sec. 40-345. - COSTS AND REIMBURSEMENTS ............................................... 34 Council Packet Page Number 10 of 213 E1 11 36. Sec. 40-346. - RECORD KEEPING ...................................................................... 34 37. Sec. 40-347. - ANNUAL REPORT ........................................................................ 34 38. Sec. 40-348. - FEES ............................................................................................. 34 39. Sec. 40-349. - INTERPRETATION ....................................................................... 35 40. Sec. 40-350. - SEVERABILITY ............................................................................. 35 41. Sec. 40-351. - ABROGATION AND GREATER RESTRICTIONS ......................... 35 Sec. 40-161. - INTRODUCTION This is an Ordinance authorizing and providing for sewage treatment and soil dispersal in unsewered areas of the City. It establishes: 1. Minimum standards for and regulation of Individual Sewage Treatment Systems (ISTS) and mid-sized Subsurface Sewage Treatment Systems (MSTS) (collectively referred to as SSTS) in unsewered areas of the City of Maplewood incorporating by reference minimum standards established by Minnesota statutes and administrative rules of the Minnesota Pollution Control Agency (MPCA), 2. Requirements for issuing permits for installation, alteration, repair or expansion of SSTS, 3. Requirements for all SSTS permitted under the revised Minnesota Rules, Chapters 7080 and 7081 to be operated under an approved management plan, 4. Standards for upgrade, repair, replacement, or abandonment of SSTS, 5. Penalties for failure to comply with these provisions, 6. Provisions for enforcement of these requirements, and 7. Standards which promote the health, safety and welfare of the public as reflected in Minnesota Statutes, Sections 115.55, 145A.05, the City Comprehensive Plan and the City Zoning Ordinance. Sec. 40-162. - TITLE, PURPOSE AND INTENT (a) Title The City ordains Division 5 of the City Code the “City of Maplewood Subsurface Sewage Treatment System (SSTS) Ordinance.” (b) Purpose The purpose of this Ordinance is to establish minimum requirements for regulation of ISTS and MSTS for the treatment and dispersal of sewage within the applicable jurisdiction of the City to protect public health and safety, groundwater quality, and prevent or eliminate the development of public nuisances. It is intended to serve the best interests of the City’s citizens by protecting its health, safety, general welfare, and natural resources. (c) Intent It is intended by the City that this Ordinance will promote the following: Council Packet Page Number 11 of 213 E1 September 23, 2013 City Council Meeting Minutes 12 (1) The protection of lakes, rivers and streams, wetlands, and groundwater in the City of Maplewood essential to the promotion of public health, safety, welfare, socioeconomic growth and development of the City. (2) The regulation of proper SSTS construction, reconstruction, repair and maintenance to prevent the entry and migration of contaminants, thereby protecting against the degradation of surface water and groundwater quality. (3) The establishment of minimum standards for SSTS placement, design, construction, reconstruction, repair and maintenance to prevent contamination and, if contamination is discovered, the identification and control of its consequences and the abatement of its source and migration. (4) The appropriate utilization of privy vaults and other non-water carried sewage collection and storage facilities. (5) The provision of technical assistance and education, plan review, inspections, SSTS surveys and complaint investigations to prevent or control water-borne diseases, lake degradation, groundwater related hazards, and public nuisance conditions. Sec. 40-163. - AUTHORITY This Ordinance is adopted pursuant to Minnesota Statutes, Section 115.55; Minnesota Statutes, Section 145A.05; or successor statutes, and Minnesota Rules, Chapter 7080, Chapter 7081, Chapter 7082, or successor rules. Sec. 40-164. - EFFECTIVE DATE The provisions set forth in this Ordinance shall become effective on September 23, 2013. Sec. 40.165. - 40.195. - RESERVED Sec. 40-196. - DEFINITIONS The following words and phrases shall have the meanings ascribed to them in this Section. If not specifically defined in this Section, terms used in this Ordinance shall have the same meaning as provided in the standards adopted by reference. Words or phrases that are not defined here or in the standards adopted by reference shall have common usage meaning. For purposes of this Ordinance, the words “must” and “shall” are mandatory and the words “may” and “should” are permissive. Authorized Representative: An employee or agent of the City of Maplewood. Class V Injection Well: A shallow well used to place a variety of fluids directly below the land surface, which includes a domestic SSTS serving more than twenty (20) people. The U.S. Environmental Protection Agency and delegated state groundwater programs permit these wells to inject wastes below the ground surface provided they meet certain requirements and do not endanger underground sources of drinking water. Class V motor vehicle waste disposal wells and large-capacity cesspools are specifically prohibited (see 40 CFR Parts 144 & 146). Cluster System: A SSTS under some form of common ownership that collects wastewater Council Packet Page Number 12 of 213 E1 September 23, 2013 City Council Meeting Minutes 13 from two or more dwellings or buildings and conveys it to a treatment and dispersal system located on an acceptable site near the dwellings or buildings. City: City of Maplewood, Minnesota. City Council: The City of Maplewood City Council. City Manager: The City Manager of the City of Maplewood, Minnesota. Department: The City of Maplewood Department designated by the City Manager to administer SSTS. Design Flow: The daily volume of wastewater for which a SSTS is designed to treat and discharge. Flood Plain: The channel or beds proper and the areas adjoining a wetland, watercourse or lake which a regional flood may have or could hereafter cover. Floodplain areas within the City shall include all areas shown as zone A or zone AE on the flood insurance rate map. Refer to the City Floodplain Ordinance for further definitions. Failure to Protect Groundwater: At a minimum, a SSTS that does not protect groundwater is considered to be a seepage pit, cesspool, drywell, leaching pit, or other pit; a SSTS with less than the required vertical separation distance, described in Minnesota Rules, Chapter 7080.1500 Subp. 4 D and E; and a system not abandoned in accordance with Chapter 7080.2500. The determination of the threat to groundwater for other conditions must be made by a Qualified Employee or an individual licensed pursuant to Section 40-237 hereof. Imminent Threat to Public Health and Safety: At a minimum a SSTS with a discharge of sewage or sewage effluent to the ground surface, drainage systems, ditches, storm water drains, or directly to surface water; SSTS that cause a reoccurring sewage backup into a dwelling or other establishment; SSTS with electrical hazards; or sewage tanks with unsecured, damaged, or weak maintenance access covers. The determination of protectiveness for other conditions must be made by a Qualified Employee or a SSTS inspection business licensed pursuant to Section 5 hereof. ISTS: An individual sewage treatment system having a design flow of no more than 5,000 gallons per day. Industrial Waste: Sewage containing waste from activities other than sanitary waste from industrial activities including, but not limited to, the following uses defined under the Standard Industrial Classification (SIC) Codes established by the U.S. Office of Management and Budget. SIC CODE(S) INDUSTRY CATEGORY 753-7549 Automotive Repairs and Services 7231,7241 Beauty Shops, Barber Shops Council Packet Page Number 13 of 213 E1 September 23, 2013 City Council Meeting Minutes 14 7211-7219 Laundry Cleaning and Garment Services 4011-4581 Transportation (Maintenance only) 8062-8069 Hospitals 2000-3999 Manufacturing 2000-2099 Food Products 2100-2199 Tobacco Products 2400-2499 Lumber and Wood Products, except Furniture 2500-2599 Furniture and Fixtures 2600-2699 Paper and Allied Products 2700-2799 Printing, Publishing, and Allied Industries 2800-2899 Chemicals and Allied Products 2900-2999 Petroleum Refining and Related Industries 3000-3099 Rubber and Miscellaneous Plastics 3100-3199 Leather Tanning and Finishing 3000-3099 Rubber and Miscellaneous Plastics 3100-3199 Leather Tanning and Finishing 3200-3299 Stone, Clay, Glass, and Concrete Products 3300-3399 Primary Metal Industries 3400-3499 Fabricated Metal Products (except Machinery, and Transportation Equipment 3500-3599 Industrial and Commercial Machinery and Computer Equipment 3700-3799 Transportation Equipment 3800-3899 Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks 3900-3999 Miscellaneous Manufacturing Industries Malfunction: The partial or complete loss of function of a SSTS component, which requires a corrective action to restore its intended function. Council Packet Page Number 14 of 213 E1 September 23, 2013 City Council Meeting Minutes 15 Management Plan: A plan that describes necessary and recommended routine operational and maintenance requirements, periodic examination, adjustment, and testing, and the frequency of each to ensure system performance meets the treatment expectations, including a planned course of action to prevent an illegal discharge. MDH: Minnesota Department of Health Minor Repair: The repair or replacement of an existing damaged or faulty component/part of a SSTS that will return the SSTS to its operable condition. The repair shall not alter the original area, dimensions, design, specifications or concept of the SSTS. MSTS: A “midsized subsurface sewage treatment system” under single ownership that receives sewage from dwellings or other establishments having a design flow of more than 5,000 gallons per day to a maximum of 10,000 gallons per day. Notice of Noncompliance: A written document issued by the Department notifying a system owner that the owner’s onsite/cluster treatment system has been observed to be noncompliant with the requirements of this Ordinance. MPCA: Minnesota Pollution Control Agency. Qualified Employee: An employee of the state or a local unit of government, who performs site evaluations or designs, installs, maintains, pumps, or inspects SSTS as part of the individual’s employment duties and is registered on the SSTS professional register verifying specialty area endorsements applicable to the work being conducted. Record Drawings: A set of drawings which to the fullest extent possible document the final in- place location, size, and type of all SSTS components including the results of any materials testing performed and a description of conditions during construction of the system. Sewage: Waste from toilets, bathing, laundry, or culinary activities or operations or floor drains associated with these sources, including household cleaners and other constituents in amounts normally used for domestic purposes. SSTS: Subsurface sewage treatment system Including an ISTS or MSTS. State: The State of Minnesota. Treatment Level: Treatment system performance levels defined in Minnesota Rules, Chapter 7083.4030, Table III for testing of proprietary treatment products, which include the following: Level A: cBOD5 < 15 mg/L; TSS < 15 mg/L; fecal coliforms < 1,000/100 mL. Level A-2: cBOD5 < 15 mg/L; TSS < 15 mg/L; fecal coliforms N/A Level B: cBOD5 < 25 mg/L; TSS < 30 mg/L; fecal coliforms < 10,000/100 mL. Level B-2: cBOD5 < 25 mg/L; TSS < 30 mg/L; fecal coliforms N/A Level C: cBOD5 < 125 mg/L; TSS < 80 mg/L; fecal coliforms N/A. Type I System: An ISTS that follows a standard trench, bed, at-grade, mound, or graywater system design in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2200 through 7080.2240. Council Packet Page Number 15 of 213 E1 September 23, 2013 City Council Meeting Minutes 16 Type II System: An ISTS on a lot located in a floodplain, a privy or a holding tank. Type III System: A custom designed ISTS having acceptable flow restriction devices to allow its use on a lot that cannot accommodate a standard Type I soil treatment and dispersal system. Type IV System: An ISTS, having an approved pretreatment device and incorporating pressure distribution and dosing, that is capable of providing suitable treatment for use where the separation distance to a shallow saturated zone is less than the minimum allowed. Type V System: An ISTS, which is a custom engineered design to accommodate the site taking into account pretreatment effluent quality, loading rates, loading methods, groundwater mounding, and other soil and other relevant soil, site, and wastewater characteristics such that groundwater contamination by viable fecal organisms is prevented. Unsewered Area: Any area within the City not served by a municipal sanitary sewer collection system permitted by the MPCA. Sec. 40-197. - SCOPE This Ordinance regulates the siting, design, installation, alterations, operation, maintenance, monitoring, and management of all SSTS within the City’s applicable jurisdiction including, but not necessarily limited to individual SSTS and cluster or community SSTS, privy vaults, and other non-water carried SSTS. All sewage generated in unsewered areas of the City shall be treated and dispersed by an approved SSTS that is sited, designed, installed, operated, and maintained in accordance with the provisions of this Ordinance or connected to municipal sanitary sewer when it is available in accordance with the City Sanitary Sewer Ordinance. The City Engineer, or his or her designee, shall determine if municipal sanitary sewer is available. Sec. 40-198. - JURISDICTION The jurisdiction of this Ordinance shall include all property within the City limits. Sec. 40-199. - ADMINSTRATION (a) CITY ADMINISTRATION The Department shall administer the SSTS program and all provisions of this Ordinance. At appropriate times, the City shall review or revise or update this Ordinance as necessary. The City shall employ or retain under contract qualified and appropriately licensed professionals to administer and operate the SSTS program. (b) STATE OF MINNESOTA Where a single SSTS or group of SSTS under single ownership within one-half mile of each other, have a design flow greater than 10,000 gallons per day, the owner or owners shall make application for and obtain a State Disposal System permit from the MPCA. For any SSTS that has a measured daily flow for a consecutive seven-day period which equals or exceeds 10,000 gallons per day, a State Disposal System permit is required. SSTS serving establishments or facilities licensed or otherwise regulated by the State shall conform to the requirements of this Ordinance. Sec. 40-200. - LIABILITY Council Packet Page Number 16 of 213 E1 September 23, 2013 City Council Meeting Minutes 17 Any liability or responsibility shall not be imposed upon the City or any of its officials, employees, or other contract agent, its employees, agents or servants thereof for damage resulting from the defective construction, operation, or abandonment of any SSTS regulated under this rule by reason of standards, requirements, or inspections authorized hereunder. Sec. 40-201. - MEASUREMENT OF DISTANCES Unless otherwise specified in this division, all distances shall be measured horizontally. Sec. 40-201. - INTERPRETATION OF CERTAIN ITEMS For the purposes of this division, certain terms or words used shall be interpreted as follows: The words “shall” and “must” are mandatory; the words “should” and “may” are permissive. Sec. 40-203. - 40-232 - RESERVED Sec. 40-197. - RETROACTIVITY (a) All SSTS Except as explicitly set forth in Section 40-233(b), all provisions of this Ordinance shall apply to any SSTS regardless of the date it was originally permitted. (b) Existing Permits Unexpired permits which were issued prior to the effective date shall remain valid under the terms and conditions of the original permit until the original expiration date or until a change in system ownership whichever is earlier. (c) Two Soil Treatment and Dispersal Areas All lots created after January 23, 1996 must have a minimum of two soil treatment and dispersal areas that can support trenches, seepage beds, mounds, and at-grade systems as described in Minnesota Rules, Chapters 7080.2200 through 7080.2230 or site conditions described in Chapter 7081.0270, Subp. 3 through 7. If an additional soil treatment and dispersal area is available on lots created on or before January 23, 1996, it shall be identified in the site evaluation. (d) Existing SSTS without Permits Existing SSTS with no permits of record shall require a permit and be brought into compliance with the requirements of this Ordinance regardless of the date they were originally constructed. Sec. 40-234. - UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT (a) SSTS Capacity Expansions Expansion of an existing SSTS must include any system upgrades that are necessary to bring the entire system into compliance with the prevailing provisions of this Ordinance at the time of the expansion. Council Packet Page Number 17 of 213 E1 September 23, 2013 City Council Meeting Minutes 18 (b) Bedroom Additions A compliance inspection is required prior to issuance of a permit for a bedroom addition. If the system is found to be non-compliant, the owner shall upgrade, repair, or replace the existing system prior to issuance of the permit for the bedroom addition. (c) Failure to Protect Groundwater A SSTS that is determined not to be protective of groundwater in accordance with Minnesota Rules, Chapter 7080.1500, Subp.4.B shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this Ordinance within three (3) months of receipt of a Notice of Noncompliance. If the Department determines that extenuating circumstances exist, this timeframe may be extended to eighteen (18) months from receipt of a Notice of Noncompliance. (d) Imminent Threat to Public Health or Safety A SSTS that is determined to be an imminent threat to public health or safety in accordance with Minnesota Rules, Chapter 7080.1500, Subp.4A shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this Ordinance within three (3) months of receipt of a Notice of Noncompliance. If the Department determines that extenuating circumstances exist, this timeframe may be extended to ten (10) months from receipt of a Notice of Noncompliance. (e) Abandonment Any SSTS, or any component thereof, which is no longer intended to be used, must be abandoned in accordance with Minnesota Rules, Chapter 7080.2500. Sec. 40-235. - SSTS IN FLOODPLAINS SSTS shall not be located in a floodplain. Sec. 40-236. - CLASS V INJECTION WELLS All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the Code of Federal Regulations (CFR), Title 40, Part 144, are required by the Federal Government to submit SSTS inventory information to the Environmental Protection Agency as described in CFR40, Part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures. Sec. 40-237. - SSTS PRACTITIONER LICENSING No person shall engage in site evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance, or pumping of SSTS without an appropriate and valid license issued by MPCA in accordance with Minnesota Rules, Chapter 7083 except as exempted in 7083.0700. Sec. 40-238. - PROHIBITIONS (a) Occupancy or Use of a Building without a Compliant SSTS Council Packet Page Number 18 of 213 E1 September 23, 2013 City Council Meeting Minutes 19 It is unlawful for any person to maintain, occupy, or use any building intended for habitation in an unsewered area that is not provided with a wastewater treatment system that disposes of wastewater in a manner that complies with the provisions of this Ordinance. (b) Sewage Discharge to Ground Surface or Surface Water It is unlawful for any person to construct, maintain, or use any SSTS system regulated under this Ordinance that results in raw or partially treated wastewater seeping to the ground surface or flowing into any surface water. Any surface discharging system must be permitted under the National Pollutant Discharge Elimination System program by the MPCA. (c) Sewage Discharge to a Well or Boring It is unlawful for any person to discharge raw or treated wastewater into any well or boring as described in Minnesota Rules, Chapter 4725.2050, or any other excavation in the ground that is not in compliance with this Ordinance. (d) Discharge of Hazardous or Deleterious Materials It is unlawful for any person to discharge into any treatment system regulated under this Ordinance any Industrial Waste, or hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality. Sec. 40-239. - 40-269 - RESERVED Sec. 40-270. - STANDARDS ADOPTED BY REFERENCE The City hereby adopts by reference Minnesota Rules, Chapters 7080 and 7081 in their entirety as now constituted and from time to time amended. This adoption does not supersede the City’s right or ability to adopt local standards that are in compliance with Minnesota Statute 115.55. Sec. 40-271. - AMENDMENTS TO THE ADOPTED STANDARDS (a) Determination of Hydraulic Loading Rate and SSTS Sizing Table IX from Minnesota Rules, Chapter 7080.2150, Subp. 3(E) entitled “Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas Using Detail Soil Descriptions” and herein adopted by reference shall be used to determine the hydraulic loading rate and infiltration area for all SSTS permitted under this Ordinance. (b) Compliance Criteria for Existing SSTS SSTS built after March 31, 1996 or existing SSTS located in a Shoreland area, existing wellhead Protection area, or serving a food, beverage, or lodging establishment as defined under Minnesota Rules, Chapter 7080.1100, Subp. 84 shall have a three-foot vertical separation between the bottom soil infiltrative surface and the periodically saturated soil and/or bedrock. Existing systems that have no more than a fifteen (15) percent reduction in this separation distance (a separation distance no less than 30.6 inches) to account for settling of sand or soil, normal variation of separation distance measurements and interpretation of limiting layer characteristics may be considered compliant under this Council Packet Page Number 19 of 213 E1 September 23, 2013 City Council Meeting Minutes 20 Ordinance. The vertical separation measurement shall be made outside the area of system influence but in an area of similar soil. Minnesota Rules, Chapter 7080.1500, Subp.4. (c) Holding Tanks Sewage holding tanks may be considered for installation on previously developed sites, as a temporary method for periods of up to one (1) year, during which time measures are being taken to provide municipal sewer service or the installation of an approved system as provided in this Ordinance. Holding tanks may be considered on a permanent basis for nonresidential, low -water use establishments generating less than one hundred fifty (150) gallons per day of waste, subject to approval by the department and the issuance of a certificate of compliance. Holding tanks may also be considered for floor drains for vehicle parking areas and existing facilities potentially generating hazardous waste. (d) Setbacks The following setback requirements are in addition to the setbacks required in Table VII in Minnesota Rules Chapter 7080.2150.F: The following setback requirements are in addition to the setbacks required in Table II Minnesota Rules Chapter 7081.0270 Subpart 2: Table VII: Minimum setback distances (feet) Feature Sewage tank, holding tank, or sealed privy Absorption area or unsealed privy Above-ground swimming pools 10 10 In-ground swimming pools 10 20 Shoreland Blufflines (18% slope) 20 20 Table II: Minimum setback distances (feet) Feature Sewage tank, holding tank, or sealed privy Absorption area or unsealed privy Above-ground swimming pools 10 10 In-ground swimming pools 10 20 Shoreland Blufflines (18% slope) 20 20 Council Packet Page Number 20 of 213 E1 September 23, 2013 City Council Meeting Minutes 21 Variances to building setbacks included in Minnesota Rules, Chapter 7080 and 7081 may only be considered through the normal City variance process. Variances to shoreland setbacks may be considered through the Shoreland Ordinance. Variances to well and water line setbacks are governed by the MDH. (e) Licensed Professional Engineer Required The design of SSTS regulated under Minnesota Rules, Chapter 7081 shall be completed by a licensed Minnesota Professional Engineer, who is also licensed by the MPCA as an Advanced Designer. Sec. 40-272. - VARIANCE REQUESTS A property owner may request a variance from the standards as specified in this Ordinance pursuant to the requirements provided in Minnesota State Statutes. The City shall consider the requirements of Minnesota Rules Chapter 7082.0300, subp. 2 and 3 when considering such variances. Variances that pertain to the standards and requirements of the State of Minnesota must be approved by the affected State Agency pursuant to the requirements of the State Agency. Sec. 40-273. - PERMIT REQUIRED It is unlawful for any person to construct, install, modify, replace, or operate a SSTS without the appropriate permit from the Department. The issuing of any permit, variance, or conditional use under the provisions of this Ordinance shall not absolve the applicant of responsibility to obtain any other required permit. Sec. 40-274. - CONSTRUCTION PERMIT A construction permit shall be obtained by the property owner or an agent of the property owner from the Department prior to the installation, construction, replacement, modification, alteration, repair, or capacity expansion of a SSTS. The purpose of this permit is to ensure that the proposed construction activity is sited, designed, and constructed in accordance with the provisions of this Ordinance by appropriately certified and/or licensed practitioner(s). (a) Activities Requiring a Construction Permit A construction permit is required for installation of a new SSTS, for replacement of an existing SSTS, or for any repair or replacement of components that will alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout, or function. (b) Activities Not Requiring a Permit A construction permit is not required for minor repairs or replacements of system components that do not alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout, or function. (c) Construction Permit Required to Obtain Building Permit Council Packet Page Number 21 of 213 E1 September 23, 2013 City Council Meeting Minutes 22 For any property on which a SSTS permit is required, approval and issuance of a valid SSTS Construction Permit must be obtained before a building or land use permit may be issued by the Department. (d) Conformance to Prevailing Requirements Any activity involving an existing system that requires a Construction Permit shall require that the entire system be brought into compliance with this Ordinance. (e) Permit Application Requirements Construction Permit applications shall be made on forms provided by the Department and signed by the applicant and an appropriately certified practitioner including the practitioner’s certification number and date of expiration. The applications shall include the documents listed in items 1 through 8 below. (1) The correct address and legal description of the property where the proposed work is to take place. (2) The name and contact information (mailing address, telephone number, and e-mail address) of the property owner. (3) The name, contact information, and MPCA License Number of the SSTS Designer responsible for the system design. (4) Site Evaluation Report as described in Minnesota Rules, Chapter 7080.1730 and on the Department’s permit application. (5) Design Report as described in Minnesota Rules, Chapter 7080.2430 and on the Department’s permit application. (6) Building Plans for the existing and proposed system. (7) Management Plan as described in Minnesota Rules, Chapter 7082.0600. (8) Permit fee. (f) Application Review and Response The Department shall review a permit application and supporting documents. Upon satisfaction that the proposed work will conform to the provisions of this Ordinance, the Department shall issue a written permit authorizing construction of the SSTS as designed. In the event the applicant makes a significant change to the approved application, the applicant must contact the Department prior to initiating or continuing construction, modification, or operation to determine whether an amended application will be necessary, as determined by the Department. If determined necessary, the applicant shall file an amended application detailing the changed conditions for approval prior to initiating or continuing construction, modification, or operation for approval or denial. If the permit application is incomplete or does not meet the requirements of this Ordinance the Department shall deny the application. A notice of denial shall be provided to the applicant, which must state the reason for the denial. Council Packet Page Number 22 of 213 E1 September 23, 2013 City Council Meeting Minutes 23 (g) Permit Expiration The Construction Permit is valid for a period of no more than one year from its date of issue. Satisfactory completion of construction shall be determined by receipt of final record drawings and a signed certification that the construction or installation of the system was completed in reasonable conformance with the approved design documents by a qualified employee of the Department or a licensed inspection business, which is authorized by the Department and independent of the owner and the SSTS installer. (h) Extensions and Renewals The Department may grant an extension of the Construction Permit if the construction has commenced prior to the original expiration date of the permit. The permit may be extended for a period of no more than six (6) months. (i) Transferability A Construction Permit shall not be transferred to a new owner. The new owner must apply for a new Construction Permit in accordance with this section. (j) Suspension or Revocation The Department may suspend or revoke a Construction Permit issued under this section for any false statements, misrepresentations of facts on which the Construction Permit was issued, or unauthorized changes to the system design that alter the original function of the system as determined by the Department, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout, or function. A notice of suspension or revocation and the reasons for the suspension or revocation shall be conveyed in writing to the permit holder. If suspended or revoked, installation or modification of a treatment system may not commence or continue until a valid Construction Permit is obtained. (k) Posting The Construction Permit shall be posted on the property in such a location and manner so that the permit is visible and available for inspection until construction is completed and certified. Sec. 40-275. - OPERATING PERMIT (a) SSTS Requiring an Operating Permit An Operating Permit shall be required of all owners of new holding tanks, Type IV Systems, Type V Systems, MSTS, or any other system deemed by the Department to require operational oversight. Sewage shall not be discharged to these systems until the Department certifies that the system was installed in substantial conformance with the approved plans, receives the final record drawings of the system, and a valid Operating Permit is issued to the owner. (b) Permit Application Requirements Council Packet Page Number 23 of 213 E1 September 23, 2013 City Council Meeting Minutes 24 (1) Application for an Operating Permit shall be made on a form provided by the Department including: a. Owner name, mailing address, telephone, and email address b. Construction Permit reference number and date of issue c. Final record drawings of the treatment system d. Owners of holding tanks must submit a copy of a valid executed monitoring and disposal contract with a licensed maintenance business (2) Owners of holding tanks shall provide to the Department a copy of a valid monitoring and disposal contract executed between the owner and a licensed maintenance business, which guarantees the removal of the holding tank contents in a timely manner that prevents an illegal discharge in accordance with Minnesota Rules, Chapter 7082.0100, Subp. 3G. This requirement is waived if the owner is a farmer who is exempt from licensing under Minnesota Statutes, section 115.56, subdivision 3, paragraph (b), clause (3). (3) All SSTS existing prior to the effective date of this Ordinance shall require an operating permit upon transfer of ownership, replacement, any modification or expansion that requires a permit, or following any SSTS enforcement action. (c) Department Response The Department shall review the record drawings, operation and maintenance manual, management plan, maintenance and servicing contract, and any other pertinent documents as appropriate for accuracy and completeness. If any deficiencies are identified, the operating permit shall be denied until the deficiencies are corrected to the satisfaction of the Department. (d) Operating Permit Terms and Conditions The Operating Permit shall include the following: (1) System performance requirements (2) System operating requirements (3) Monitoring locations, procedures and recording requirements (4) Maintenance requirements and schedules (5) Compliance limits and boundaries (6) Reporting requirements (7) Department notification requirements for non-compliant conditions (8) Valid contract between the owner and a licensed maintenance business Council Packet Page Number 24 of 213 E1 September 23, 2013 City Council Meeting Minutes 25 (9) Disclosure, location and condition of acceptable soil treatment and dispersal system site (10) Descriptions of acceptable and prohibited discharges (e) Permit Expiration and Renewal (1) Operating Permits shall be valid for the specific term stated on the permit as determined by the Department. (2) An Operating Permit must be renewed prior to its expiration. If not renewed, the Department may require the system to be removed from service or operated as a holding tank until the permit is renewed. If not renewed within ninety (90) calendar days of the expiration date, the City may require that the system be abandoned in accordance with Section 40-277. (3) Application shall be made on a form provided by the Department including: a. Applicant name, mailing address, telephone number, and e-mail address. b. Reference number of previous owner’s operating permit. c. Any and all outstanding Compliance Monitoring Reports as required by the Operating Permit. d. Certified treatment system inspection signed and/or sealed by a certified designer, maintenance contractor, or operator at the discretion of the City. e. Any revisions made to the operation and maintenance manual. f. Payment of application review fee as determined by the City. (f) Amendments to Existing Permits not Allowed The City may not amend an existing permit to reflect changes in this Ordinance until the permit term has expired and is renewed, unless an amendment is necessary to eliminate an imminent threat to public health or safety. (g) Transfers The Operating Permit may not be transferred. A new owner shall apply for an Operating Permit in accordance with Section 40-275 of this Ordinance. The Department shall not terminate the current permit until sixty (60) calendar days after the date of sale unless an imminent threat to public health and safety exists. To consider the new owner’s application, the Department may require a performance inspection of the treatment system certified by a licensed inspector or qualified employee. (h) Suspension or Revocation (1) The Department may suspend or revoke any operating permit issued under this section for any false statements or misrepresentations of facts on which the Operating Permit was issued. Council Packet Page Number 25 of 213 E1 September 23, 2013 City Council Meeting Minutes 26 (2) Notice of suspension revocation and the reasons for revocation shall be conveyed in writing to the owner. (3) If suspended or revoked, the Department may require that the treatment system be removed from service, operated as a holding tank, or abandoned in accordance with Section 40-276. (4) At the Department’s discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions. (i) Compliance Monitoring (1) Performance monitoring of a SSTS shall be performed by a licensed inspection business or licensed service provider hired by the holder of the operating permit in accordance with the monitoring frequency and parameters stipulated in the permit. (2) A monitoring report shall be prepared and certified by the licensed inspection business or licensed service provider. The report shall be submitted to the Department on a form provided by the Department on or before the compliance reporting date stipulated in the operating permit. The report shall contain a description of all maintenance and servicing activities performed since the last compliance monitoring report as described below: a. Owner name, mailing address, telephone number, and e-mail address. b. Operating Permit number c. Average daily flow since last compliance monitoring report d. Description of type of maintenance and date performed e. Description of samples taken (if required), analytical laboratory used, and results of analyses f. Problems noted with the system and actions proposed or taken to correct them g. Name, signature, license and license number of the licensed professional who performed the work Sec. 40-276. - ABANDONMENT CERTIFICATION (a) Purpose The purpose of the System Abandonment Certification is to ensure that a treatment system no longer in service is abandoned within a reasonable time following decommissioning and in a manner that protects public health, safety and water quality. It also terminates all permits associated with the system. (b) Abandonment Requirements (1) Whenever the use of a SSTS or any system component is discontinued as the result of a system repair, modification, replacement or decommissioning following Council Packet Page Number 26 of 213 E1 September 23, 2013 City Council Meeting Minutes 27 connection to a municipal or private sanitary sewer, or condemnation or demolition of a building served by the system, further use of the system or any system component for any purpose under this Ordinance shall be prohibited. (2) Continued use of a treatment tank where the tank is to become an integral part of a replacement system or a sanitary sewer system requires the prior written approval of the Department. (3) An owner of a SSTS must retain a licensed installation business to abandon all components of the treatment system within sixty (60) calendar days of discontinued use. Abandonment shall be completed in accordance with Minnesota Rules, Chapter 7080.2500. No prior notification to the Department of an owner’s intent to abandon a system is necessary. (4) A report of abandonment certified by the licensed installation business shall be submitted to the Department. The report shall include: a. Owner’s name, mailing address, telephone number, and e-mail address. b. Property address c. System construction permit and operating permit d. The reason(s) for abandonment e. A brief description of the abandonment methods used, description of the system components removed or abandoned in place, and disposition of any materials or residuals. (c) Abandonment Certificate Upon receipt of an abandonment report and its determination that the SSTS has been abandoned according to the requirements of this Ordinance, the Department shall issue an abandonment certificate. If the abandonment is not completed according the requirements of this Ordinance the City shall notify the owner of the SSTS of the deficiencies, which shall be corrected within thirty (30) calendar days of the notice. Sec. 40-277. - MANAGEMENT PLANS (a) Purpose The purpose of management plans is to describe how a particular SSTS is intended to be operated and maintained to sustain the performance required. The plan is to be provided by the certified designer to the system owner when the treatment system is commissioned. (b) Management Plan Requirements Management plans are required for all new or replacement SSTS. The management plan shall be submitted to the Department with the construction permit application for review and approval. The Department shall be notified of any system modifications made during construction and the management plan revised and resubmitted at the time of final construction certification Council Packet Page Number 27 of 213 E1 September 23, 2013 City Council Meeting Minutes 28 (c) Required Contents of a Management Plan Management plans shall include: (1) Operating requirements describing tasks that the owner can perform and tasks that a licensed service provider or maintainer must perform; (2) Monitoring requirements; (3) Maintenance requirements including maintenance procedures and a schedule for routine maintenance; (4) Statement that the owner is required to notify the Department when the management plan requirements are not being met; (5) Disclosure of the location and condition of the additional soil treatment and dispersal area on the owner’s property or a property serving the owner’s residence; (6) A description of the system and each component; (7) A description of how the system functions; (8) A site plan of the system; (9) Equipment specifications; (10) Emergency operating procedures in the event of a malfunction; (11) A troubleshooting guide (d) Requirements for Systems not Operated Under a Management Plan SSTS that are not operated under a management plan or operating permit must have treatment tanks inspected and provide for the removal of solids if needed every three years. Solids must be removed when their accumulation meets the limit described in Minnesota Rules, Chapter 7080.2450. System owners shall be required to submit a MPCA Septic Tank Maintenance Reporting Form to the Department every three (3) years. Sec. 40-278. - 40-309 - RESERVED Sec. 40-310. - COMPLIANCE INSPECTION PROGRAM (a) Department Responsibility It is the responsibility of the Department, or its agent, to perform various SSTS compliance inspections periodically to assure that the requirements of this Ordinance are met. (1) SSTS compliance inspections must be performed: a. To ensure compliance with applicable requirements; Council Packet Page Number 28 of 213 E1 September 23, 2013 City Council Meeting Minutes 29 b. To ensure system compliance before issuance of a permit for addition of a bedroom unless the permit application is made during the period of November 1 to April 30, provided a compliance inspection is performed before the following June 1 and the applicant submits a Certificate of Compliance by the following September 30; c. For all new SSTS construction or replacement; d. For an evaluation, investigation, inspection, recommendation, or other process used to prepare a disclosure statement if conducted by a party who is not the SSTS owner. Such an inspection constitutes a compliance inspection and shall be conducted in accordance with Minnesota Rules, Chapter 7082.0700 using the SSTS inspection report forms provided by MPCA. (2) All compliance inspections must be performed and signed by licensed inspection businesses or qualified employees certified as inspectors. (3) The Department shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS system. As used in this paragraph, “property” does not include a residence or private building. The Department shall notify the owner of the Department’s intent to inspect the SSTS least two (2) days in advance of the intended inspection. (4) No person shall hinder or otherwise interfere with the Department’s employees in the performance of their duties and responsibilities pursuant to this Ordinance. Refusal to allow reasonable access to the property by the Department shall be deemed a separate and distinct offense. (b) New Construction or Replacement (1) Compliance inspections must be performed on new or replacement SSTS to determine compliance with Minnesota Rules, Chapters 7080 or 7081. (2) It is the responsibility of the SSTS owner or the owner’s agent to notify the Department two (2) calendar days prior to any permitted work on the SSTS. (3) Installation inspections shall be made at each installation, prior to any work having been covered by backfill. Work that is backfilled prior to the required inspection may be ordered to be uncovered whenever necessary to determine compliance. (4) The licensed installer shall be responsible for notifying the department a minimum of twenty four (24) hours before the time the work is ready for inspection or reinspection. (5) When, upon inspection, any part of the system is determined not to be in compliance with this division, written notice shall be provided by the Department indicating the deficiency and the required corrections. (6) Noted deficiencies shall be properly corrected and reinspected before any other work on the project is continued. Council Packet Page Number 29 of 213 E1 September 23, 2013 City Council Meeting Minutes 30 (7) SSTS found not to be in compliance with Minnesota Rules, Chapter 7080.1500, Subp. 4A or Chapter 7081.0080, Subp. 3 must be repaired or replaced within ten (10) months. (8) No system shall be placed or replaced in service until final inspection and approval of the installation. (9) The contractor, upon completion of the installation, shall file with the department as –built drawings indicating the location of system components dimensioned from a permanent reference point. (10) A minimum of three construction inspections are required for mounds in accordance with the following: a. When the original soil under the mound has been roughened, but prior to placement of the sand fill. Enough of the proposed sand fill must be present to be viewed. b. After placement of rock and piping but prior to cover. c. Final inspection, when the job is completed. (11) SSTS that are determined to have operation or monitoring deficiencies must immediately be maintained, monitored or otherwise managed according to the operating permit. (12) A Certificate of Compliance for new SSTS construction or replacement shall be issued by the Department if the Department has reasonable assurance that the system was built in accordance with the applicable requirements as specified in the construction permit. (13) The Certificate of Compliance must include a certified statement by the certified inspector or qualified employee who conducted the inspection that the SSTS is or is not in compliance with the Ordinance requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a Notice of Noncompliance must be issued to the owner which includes a statement specifying those Ordinance provisions with which the SSTS does not comply. (14) The Certificate of Compliance or Notice of Noncompliance must be submitted to the Department no later than fifteen (15) calendar days after the date the inspection was performed. The Department shall deliver the Certificate of Compliance or Notice of Noncompliance to the owner or the owner’s agent within fifteen (15) calendar days of receipt from the certified inspector. No SSTS shall be placed into operation until a valid certificated of compliance has been issued. (15) Certificates of Compliance for new construction or replacement shall remain valid for five (5) years from the date of issue unless the Department finds evidence of noncompliance. (c) Existing Systems Council Packet Page Number 30 of 213 E1 September 23, 2013 City Council Meeting Minutes 31 (1) Compliance inspections shall be required when any of the following conditions occur: a. When a construction permit is required to repair, modify, or upgrade an existing system; b. Any time there is an expansion of use of the building being served by an existing SSTS which may impact the performance of the system; c. Any time there is a change in use of the property being served by an existing SSTS which may impact the performance of the system; d. At any time as required by this Ordinance or the Department deems appropriate such as upon receipt of a complaint or other notice of a system malfunction. (2) Compliance inspections of existing SSTS shall be reported on the inspection report forms provided by MPCA. The following conditions must be assessed or verified: a. Water-tightness assessment of all treatment tanks including a leakage report; b. Vertical separation distance between the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock including a vertical separation verification report; c. Sewage backup, surface seepage, or surface discharge including a hydraulic function report. (3) The Certificate of Compliance must include a certified statement by a Qualified Employee or licensed inspection business, indicating whether the SSTS is in compliance with the Ordinance requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a Notice of Noncompliance must include a statement specifying those Ordinance provisions with which the SSTS does not comply. A construction permit application must be submitted to the Department if the required corrective action is not a minor repair. (4) The Certificate of Compliance or Notice of Noncompliance must be submitted to the Department no later than fifteen (15) calendar days after the date the inspection was performed. The Department shall deliver the Certificate of Compliance or Notice of Noncompliance to the owner or the owner’s agent within fifteen (15) calendar days of receipt from the licensed inspection business. (5) Certificates of Compliance for existing SSTS shall remain valid for three (3) years from the date of issue unless the Department finds evidence of noncompliance. (d) Periodically Saturated Soil Disagreements Disputes involving documented discrepancies on the depth of the periodically saturated soil for SSTS design or compliance purposes shall be resolved according to Minnesota Rules, Chapter 7082.0700, subp. 5. (e) Transfer of Properties Council Packet Page Number 31 of 213 E1 September 23, 2013 City Council Meeting Minutes 32 (1) Whenever a conveyance of land including a structure that is required to have a SSTS occurs, the following requirements shall be met: a. A compliance inspection shall have been performed and a Certificate of Compliance shall have been submitted to the Department within three (3) years for SSTS older than five years or within five (5) years if the system is less than five years old, prior to the intended sale or transfer of the property, unless evidence is found identifying the SSTS as an Imminent Threat to Public Health and Safety or Failing to Protect Groundwater. b. The compliance inspection must have been performed by a qualified employee of the Department or a licensed inspection business following procedures described in Section 40-310. c. The seller of the property must disclose in writing information about the status and location of all known SSTS on the property to the buyer on a form acceptable to the Department. d. If the seller fails to provide a Certificate of Compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a compliant SSTS. The security shall be placed in an escrow with a licensed real estate closer, licensed attorney-at-law, or Federal or State chartered financial institution. The amount escrowed shall be equal to one hundred fifty percent (150%) of a written estimate to install a compliant SSTS as provided by a licensed SSTS installer, or the amount escrowed shall be equal to one hundred ten percent (110%) of the written contract price for the installation of a compliant SSTS provided by a licensed SSTS installer. After a compliant SSTS has been installed and a Certificate of Compliance issued, the Department shall provide the escrow agent a copy of the Certificate of Compliance. The escrow may also be used to connect to a municipal sanitary sewer collection system permitted by the MPCA if the Department determines that an extension of the municipal sanitary sewer collection system to serve the property is feasible. (2) A Certificate of Compliance is not required if the sale or transfer involves the following circumstances: a. The affected tract of land is without buildings or contains no dwellings or other buildings with plumbing fixtures. b. The transfer does not require the filing of a Certificate of Real Estate Value, as described in Minnesota Statutes, Section 272.115, Subdivision 1. c. The transfer is a foreclosure or tax forfeiture. d. The sale or transfer completes a contract for deed or purchase agreement entered into prior to the effective date of this Ordinance. This subsection applies only to the original vendor and vendee on such a contract. e. All dwellings or other buildings are served by a municipal sanitary sewer collection system permitted by the MPCA. Council Packet Page Number 32 of 213 E1 September 23, 2013 City Council Meeting Minutes 33 (3) All property conveyances subject to this ordinance occurring during the period between November 15th and April 15th, when SSTS compliance cannot be determined due to frozen soil conditions, shall require a winter agreement, which includes an application for a SSTS permit and an agreement to complete a compliance inspection by the following June 1st by a licensed inspection business. If upon inspection the SSTS is found to be in compliance, the permit fee will be refunded. If upon inspection the system is found to be non-compliant, an escrow agreement must be established in accordance with paragraph (1) d. above, and a compliant SSTS installed within the timeframe outlined in the Notice of Noncompliance. (4) The responsibility for completing the compliance inspection under paragraph (1) a. above, or for upgrading a system found to be non-compliant shall be determined by the buyer and seller. Buyer and seller shall provide the Department with a signed statement indicating responsibility for completion of the compliance inspection and for upgrading a system found to be non-compliant. (5) The issuance of permits, Certificates of Compliance, or Notices of Noncompliance shall not be construed to represent a guarantee or warranty of the system's operation or effectiveness. Such permits or certificates only represent that the system has been designed and installed in compliance or non-compliance with the provisions of these standards and regulations. Sec. 40-311. - 40-341. - RESERVED Sec. 40-342. - VIOLATIONS (a) Cause to Issue a Notice of Violation Any person, firm, agent, or corporation who violates any of the provisions of this Ordinance, or who fails, neglects, or refuses to comply with the provisions of this Ordinance, including violations of conditions and safeguards, or who knowingly makes any material false statement or knowing omission in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable as defined by Minnesota State Statutes. Each day that a violation exists shall constitute a separate offense. (b) Notice of Violation The Department shall serve, in person or by mail, a notice of violation to any person determined to be violating provisions of this Ordinance. The notice of violation shall contain: (1) A statement documenting the findings of fact determined through observations, inspections, or investigations; (2) A list of specific violation(s) of this Ordinance (3) Specific requirements for correction or removal of the specified violation(s); (4) A mandatory time schedule for correction, removal and compliance with this Ordinance. Council Packet Page Number 33 of 213 E1 September 23, 2013 City Council Meeting Minutes 34 (c) Cease and Desist Orders Cease and desist orders may be issued when the Department has probable cause that an activity regulated by this or any other City Ordinance is being or has been conducted without a permit or in violation of a permit. When work has been stopped by a cease and desist order, the work shall not resume until the reason for the work stoppage has been completely satisfied, any administrative fees paid, and the cease and desist order lifted. Sec. 40-343. - PROSECUTION In the event of a violation or threatened violation of this Ordinance, the City may, in addition to other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correct or abate such violations or threatened violations and the City Attorney shall have authority to commence such civil action. The Department and City Attorney may take such actions as may be necessary to enforce the provisions of this Ordinance. Sec. 40-344. - STATE NOTIFICATION OF VIOLATION In accordance with state law, the Department shall notify the MPCA of any inspection, installation, design, construction, alteration or repair of a SSTS by a licensed/certified person or any septage removal by a licensed pumper that is performed in violation of the provisions of this Ordinance. If there is known contamination of groundwater, the City also may notify the MDH for a possible well advisory. Sec. 40-345. - COSTS AND REIMBURSEMENTS If the Department is required to remove or abate an imminent threat to public health or safety, the Department may recover all costs incurred in removal or abatement in a civil action, including legal fees; at the discretion of the City Council, the cost of an enforcement action under this Ordinance may be assessed against the real property on which the public health nuisance was located. Sec. 40-346. - RECORD KEEPING The City shall maintain a current record of all permitted systems. The record shall contain all permit applications, issued permits, fees assessed, variance requests, certificates of compliance, notices of noncompliance, enforcement proceedings, site evaluation reports, design reports, record drawings, management plans, maintenance reports, an annual list of all sewage tanks installed in the City sorted by licensed installation businesses, and other records relevant to each system. Sec. 40-347. - ANNUAL REPORT The Department shall provide an annual report of SSTS permitting activities to MPCA no later than February 1 for the previous calendar year. Sec. 40-348. - FEES From time to time, the City Council shall establish fees for activities undertaken by the Department pursuant to this Ordinance. Fees shall be due and payable at a time and in a manner to be determined by the Department. Council Packet Page Number 34 of 213 E1 September 23, 2013 City Council Meeting Minutes 35 Sec. 40-349. - INTERPRETATION In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. Sec. 40-350. - SEVERABILITY If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this Ordinance shall not be affected and shall remain in full force. Sec. 40-351. - ABROGATION AND GREATER RESTRICTIONS It is not intended by this Ordinance to repeal, abrogate, or impair any other existing City Ordinance, easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other Ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. Sec. 40-352 - 370 - RESERVED Seconded by Councilmember Juenemann Ayes – All The motion passed. J. NEW BUSINESS 1. Approval for Improvements at 1830 County Road B East - Police Department Expansion Project Phase 3 - Police Department Portion a. Approval of Project & Budget b. Approval of Construction Plans c. Authorize Receipt of Bids IT Director Fowlds gave the staff report and answered questions of the council. Chief Schnell answered questions of the council. Councilmember Juenemann moved to approve the approve a project as “Improvements at 1830 County Road B East – Police Department Expansion Project Phase 3 – Police Department Portion” not to exceed $2,750,000 and which will be located at 1830 County Road B East. Seconded by Councilmember Koppen Ayes – All The motion passed. Larry Koch, Project Engineer for the expansion from SEH addressed the council to give comments and answer questions of the council. Councilmember Juenemann moved to approve the plans for the construction work as prepared by the Project Architect from SEH, Inc. Seconded by Councilmember Koppen Ayes – All Council Packet Page Number 35 of 213 E1 September 23, 2013 City Council Meeting Minutes 36 The motion passed. Councilmember Juenemann moved to approve the receipt of project bids for said construction work on October 22, 2013 at 2:00 pm according to standard city practice for bid openings. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Review of 2014 Charitable Gambling Requests Assistant City Manager/Community Development Director Coleman gave the staff report. City Manager Ahl gave additional information. The following people addressed to the council to present additional information about their organization’s request for charitable gambling tax funds. 1. David Picard, Maplewood Monarchs–Special Olympics Team 2. Kate Whitby, White Bear Area YMCA 3. Barbara Dickie, St. Mary’s Health Clinics 4. Tyler Samanski, Boy Scout Troop #197 5. Scott Revoir, Gethsemane Lutheran School 3. Approval of First Reading Amending the Ordinance Regulating Personal Services- Closing Hours and Waiving Second Reading Citizen Services Director/City Clerk Guilfoile gave the staff report and answered questions of the council. Councilmember Cave moved to approve the proposed amendment to section14-1139 to remove restricted hours of operation from Personal Services, Licensed Premises and make the proposed additions to section 14-943, 14-1023 and 14-1109 to continue enforcing restricted hours of operation for Escort Services and Saunas and Bathhouse, and allow licensed Massage Centers to operate on Sunday; It is recommended that the City Council waive the second reading. ORDINANCE 935 Chapter 14, Article XIII, Division 5 (Licensed Premises) Sec. 14-1139. Closing hours. No premises licensed under this article shall be open between the hours of 10:00 p.m. and 7:00 a.m. of the following day, and no business shall be operated on Sunday. Chapter 14, Article XIII, Division 2 (Escort Services) Sec 14-943. Closing hours. No premises licensed under this article shall be open between the hours of 10:00 p.m. and 7:00 a.m. of the following day, and no business shall be operated on Sunday. Council Packet Page Number 36 of 213 E1 September 23, 2013 City Council Meeting Minutes 37 Chapter 14, Article XIII, Division 3 (Saunas and Bathhouses) Sec 14-1023. Closing hours. No premises licensed under this article shall be open between the hours of 10:00 p.m. and 7:00 a.m. of the following day, and no business shall be operated on Sunday. Chapter 14, Article XIII, Division 4 (Massage Centers) Sec 14-1109. Closing hours. No premises licensed under this article shall be open between the hours of 9:00 p.m. and 7:00 a.m. of the following day. Seconded by Councilmember Koppen Ayes – All The motion passed. K. AWARD OF BIDS None L. VISITOR PRESENTATION 1. Bob Zick, North St. Paul Resident M. ADMINISTRATIVE PRESENTATIONS 1. Update on Solar Panel Arrays on City Campus It Director Fowlds gave an update on the Solar Panel Arrays on City Campus. City Manager Ahl provided additional information. It Director Fowlds also gave an update on the upcoming council chamber technical improvements. 2. Council Calendar Update City Manager Ahl gave a report on the City Council calendar. N. COUNCIL PRESENTATIONS 1. Arkwright-Sunrise Project – petition turned in for the public record. Councilmember Cave turned in a petition for the Arkwright-Sunrise Project for the public record. 2. Recycling Carts Councilmember Cardinal requested that recycling carts be included on a future agenda for the council to discuss. Council Packet Page Number 37 of 213 E1 September 23, 2013 City Council Meeting Minutes 38 3. New K-9 Dog Councilmember Juenemann requested Chief Schnell to talk about the new K-9 dog the City has received via a grant from the City of St. Paul. Police Chief Schnell informed the council about a grant that was received from the St. Paul Police K-9 Foundation. Brix, the new German- Shepard K-9, is in week two of training and is doing terrific. O. ADJOURNMENT Mayor Rossbach adjourned the meeting at 9:07 p.m. Council Packet Page Number 38 of 213 F1 MEMORANDUM TO: City Council FROM: Charles Ahl, City Manager DATE: October 9, 2013 SUBJECT: 3M Companies -- Doug Stang; Information and Photos of Groundbreaking Ceremony for R & D Facility Introduction/Background Doug Stang, from 3M Public Affairs, will be presenting information and photos of the Groundbreaking Ceremony for the new R & D Facility. Budget Impact None. Recommendation No action required. Attachments None. Council Packet Page Number 39 of 213 MEMORANDUM TO: Charles Ahl, City Manager FROM: Michael Martin, AICP, Planner Melinda Coleman, Assistant City Manager DATE: October 7, 2013 SUBJECT: Adoption of a Proclamation Declaring the W eek of October 20-26, 2013 as Minnesota Manufacturers’ Week in the City of Maplewood a. Neng Lee, Minnesota Department of Employment and Economic Development (DEED) b. Gladstone Window and Door c. Truck Utilities d. Garden Fresh Farms Introduction October 20th through the 26th is Manufacturers’ Week in the state of Minnesota. The Minnesota Department of Employment and Economic Development (DEED) has asked the city of Maplewood consider recognizing the manufacturing companies within its borders. Discussion The purpose of Minnesota Manufacturers’ Week is to encourage communities, local and regional chambers of commerce, trade associations, companies and others to mark the week with special events and recognitions distinguishing the economic importance of this sector. Manufacturing contributes $37 billion to Minnesota’s economy each year, and produces the largest share of the state’s gross domestic product. U.S. Census data shows that there are 63 manufacturing companies within Maplewood employing 486 people. City staff has identified 26 of these businesses. Attached to this memo is a proclamation declaring it Minnesota Manufacturers’ Week in Maplewood. Budget Impact None. Recommendation F2 Council Packet Page Number 40 of 213 Adopt the attached proclamation declaring October 20th through the 26th Minnesota Manufacturers’ Week in Maplewood. Attachments 1. Minnesota Manufacturers’ Week Proclamation 2. State of Minnesota Proclamation 3. Certificate of Commendation 4. Minnesota Manufacturers Week Business List F2 Council Packet Page Number 41 of 213 CITY OF MAPLEWOOD PROCLAMATION MINNESOTA MANUFACTURERS’ WEEK WHEREAS, the manufacturing industry is a dynamic part of Minnesota’s economy, and promotion of this sector’s strength, success and high quality of life is an integral part of Minnesota’s economic development strategy; and WHEREAS, manufacturing provides high skill, high wage jobs, which significantly contribute to Minnesota’s high standard of living and economic vitality; and WHEREAS, Minnesota has 300,200 manufacturing jobs statewide or 14 percent of all private-sector jobs; and WHEREAS, manufacturing contributes more than $30 billion to the state economy and represents 17 percent of the Minnesota’s gross domestic product; and WHEREAS, manufacturing has the second-largest payroll of any business sector in the state, providing $16.1 billion in 2009 wages; and WHEREAS, the City of Maplewood has 63 manufacturing companies within its borders, employing 486 people. WHEREAS, the City of Maplewood encourages the community, local and regional Chambers of Commerce, trade associations and individual companies to mark the week with special events recognizing the economic importance of the sector; and THEREFORE BE IT RESOLVED that the City Council of the City of Maplewood does hereby proclaim that the week of October 20 – 26, 2013 shall be observed as: Minnesota Manufacturers’ Week in the City of Maplewood, on this 14th day of October, 2013 _______________________________ Will Rossbach, Mayor ATTEST: ______________________________ Karen Guilfoile, City Clerk F2, Attachment 1 Council Packet Page Number 42 of 213 WHEREAS : WHEREAS : WHEREAS: WHEREAS: WHEREAS: STATE of MINNESOTA The manufacturing industry is a dynamic segment of Minnesota's economy, an important driver of qualiry of life , and an integral part of the state's economic development strategy; and Manufacturing has the second largest total payroll among business sectors in Minnesota, providing $17 .3 billion in wages; and Manufacturing contributes more than $40 billion to Minnesota's economy each year, and produces the largest share (13 .7 percent) of the state's gross domestic product; and Manufacturing exports brought more than $18 .6 billion into Minnesota's economy in 2012 ; and Manufacturing provides skilled, high-paying jobs, which significantly contribute to Minnesota's high standard of living and economic vitality. NOW, THEREFORE, I, MARK DAYTON, Governor of Minnesota, do hereby proclaim the week of October 20-26, 2013 , as : MANUFACTURERS WEEK in the State of Minnesota . SECRETARY OF STATE IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Minnesota to be affixed at the State Capitol this 5'h day of September. flder- F2, Attachment 2 Council Packet Page Number 43 of 213 /,/ iH.'i---/;:--;_ / · o~.~ .... §:r-1_··.;. /~':.:.,"\o\LE DV N '•·~~ i4;(/ ~~~1 ~() :.. "'\~ ,rJ:J:!:tf,.~·~-~ ·~·-riE-<;~'"'1 \ ':?' -,<· -t~ . -.... ··~·-~-.---~~ ·--~.·<;·{ ·.··'c ... c.· ·-. \' ·-=-'"· • • .. .., ')~:~ j~---::_:,c.'' .· d;}~~-~~ i _---~.·:-t) . ~~".; -~ -· ~··' ··>~{:;iss~·~*~?-· -.--\' CERTIFICATE OF COMMENDATION In recognition of the outstanding contributions to the Minnesota economy and your commitment to making Minnesota a better place to live and work, this certificate of commendation is presented to: with the appreciation and respect of the people of Minnesota. I have hereumo ser my hand and caused rhe Grear Seal of rhe Srare of Minnesota ro be affixed ar rhe Capiro! in rhe Ciry of Saine Paul, Ocrober 20-26, 2013 /'1~0r-GOVERNOR F2, Attachment 3Council Packet Page Number 44 of 213 October 4, 2013 Maplewood Community Development Department Minnesota Manufacturer's Week Business List 1. 3M 2. Tse, Inc 3. Hermanson Dental Lab 4. Lemke Dental Lab 5. Original Mattress Factory 6. Tillges Certified Orthotic, Inc. 7. Dynequip, Inc. 8. FEDEX/Kinkos 9. Handy Hitch & Welding Co. 10.Water Gremlin 11.Schroeder Milk/ Agropur 12.Actus Mfg. Inc. 13.Garden Fresh Farms 14.Biogenesis Surgical 15.DAC Industries 16. Forest Products 17.Maplewood Bakery 18.Maplewood Dental Lab LLC 19.Maplewood Prosthodonics 20.Metro Glass 21.MG McGrath 22.Specialty Engineering 23.0swald Hose and Adapters 24. Excel Air Systems 25.Truck Utilities Inc. 26.Giadstone Window & Door 3M Center Bldg. 220 1983 Sloan Place #13 1055 East TH 36 1420 East CSAH D 1261 TH 36 1570 Beam Ave.#100 1983 Sloan Pl.#10 Maplewood 55144 Maplewood 55117 Maplewood 55109 Maplewood 55109 Maplewood 55109 Maplewood 55109 Maplewood 55117 2303 White Bear Ave.#A Maplewood 55109 2303 Atlantic St. Maplewood 55109 1716 Gervais Ave. 2080 Rice Street Maplewood 55109 Maplewood 55109 245 Roselawn Ave.unit23Maplewood 55117 1064 Gervais Ave. Maplewood 55109 1387 Cope Ave. Maplewood 55109 1636 Gervais Ave. Maplewood 55109 2650 Maplewood Dr. Maplewood 55109 1351 Frost Ave. Maplewood 55109 2251 Larpentuer Ave. Maplewood 55109 1050 Highway 36 Maplewood 55109 1357 Cope Ave. East Maplewood 55109 1387 Cope Ave. East Maplewood 55109 1766 Highway 36 Maplewood 55109 1965 English St. Maplewood 55109 2075 Prosperity Ave. Maplewood 55109 2370 English St. Maplewood 55109 2475 Maplewood Drive Maplewood 55109 F2, Attachment 4 Council Packet Page Number 45 of 213 F3 PROCLAMATION City of Maplewood Proclaims October National Domestic Violence Awareness Month WHEREAS, in the United States one in every four women will experience domestic violence in her lifetime, and the cost of intimate partner violence in America exceeds $5.8 billion dollars each year, with $4.1 billion directly related to associated medical and mental health services; and WHEREAS, in Minnesota, during 2012, at least 14 women were killed by a current or former husband, boyfriend, or intimate partner and at least 1 man was murdered in a case where the suspected, alleged, or convicted perpetrator was a current or former intimate partner and at least 11 children were left motherless as a result of domestic homicide; and WHEREAS, boys who witness domestic violence are twice as likely to abuse their own partners when they become adults and in the City of Maplewood police officers respond to more than 500 domestic violence-related calls for service each year; and WHEREAS, it is recognized that as a community we cannot assume there is nothing we can do to prevent and/or meaningfully intervene in domestic violence; NOW, THEREFORE, BE IT RESOLVED, that the City of Maplewood recognizes October as National Domestic Violence Awareness Month, a time to give thoughtful consideration to domestic and family violence being among the most serious public safety issues of our time; and BE IT FURTHER RESOLVED, that we encourage our fellow citizens, non-governmental organizations, and local faith communities to become involved in domestic violence prevention and encourage the use of available resources such as Harriet Tubman Center, which can help families touched by domestic violence; and FINALLY, BE IT FURTHER RESOLVED, that the City Council of the City of Maplewood supports and encourages the establishment of a clear and coordinated domestic violence response protocol related to domestic and family violence. This 14th day of October 2013, _____________________________ Will Rossbach, Mayor Attest: _________________________________ Karen Guilfoile, City Clerk Council Packet Page Number 46 of 213 F4 MEMORANDUM TO: City Council FROM: Charles Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: October 9, 2013 SUBJECT: Appointment to Parks & Recreation Commission a. Resolution for Appointment Introduction/Background There is one opening on the Parks & Recreation Commission. This opening is due to a resignation. The City has advertised and accepted applications from interested individuals. The City Council then interviewed the candidates for this commission and filled out ballots during the Workshop prior to this meeting, which staff has tallied. Budget Impact None. Recommendation Staff recommends the City Council approve the attached resolution to appoint candidates to the commissions indicated. Parks & Recreation Commission - ___________________, term expires 4/30/2014 Attachments 1. Resolution for Appointment Council Packet Page Number 47 of 213 F4, Attachment 1 RESOLUTION NO. ______ BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Parks & Recreation Commission - _______________________, term expires 4/30/2014 Council Packet Page Number 48 of 213 S:\Citizen Services\CITY CLERK\AGENDA REPORTS 2013\10-14-2013\Council Reports\Excel and Word Files\G1 AprClms - 9-20 and 9-27 and 10-4.xlsx TO:Chuck Ahl, City Manager FROM:Gayle Bauman, Finance Director DATE: SUBJECT:Approval of Claims 518,875.04$ Checks # 90726 thru # 90767 dated 09/24/13 426,067.32$ Disbursements via debits to checking account dated 09/16/13 thru 09/20/13 655,006.57$ Checks # 90769 thru # 90825 dated 10/01/13 271,260.96$ Disbursements via debits to checking account dated 09/23/13 thru 09/27/13 1,180,831.03$ Checks # 90826 thru # 90884 dated 09/30/13 thru 10/08/13 992,803.29$ Disbursements via debits to checking account dated 09/30/13 thru 10/04/13 4,044,844.21$ Total Accounts Payable 507,968.23$ Payroll Checks and Direct Deposits dated 09/27/13 879.50$ Payroll Deduction check # 9989564 thru # 9989566 dated 09/27/13 508,847.73$ Total Payroll 4,553,691.94$ GRAND TOTAL 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 MEMORANDUM October 14, 2013 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: G1 Council Packet Page Number 49 of 213 Check Description Amount 90726 00120 MCC POOL CHEMICALS 1,223.72 00120 MCC POOL CHEMICALS 433.90 00120 MCC POOL CHEMICALS 190.05 90727 00223 RETIREMENT PLAQUE - SZCZEPANSKI 240.00 90728 00241 MEMBER TAGS 580.00 90729 04206 ATTORNEY SRVS FEES/RENT - OCT 15,433.33 90730 00985 WASTEWATER - OCTOBER 217,290.63 90731 01202 MW MONTHLY/SEASON INSERT - SEPT 9,183.90 90732 01409 WETLAND MITIGATION MONITORING 304.52 90733 01546 SHIRTS FOR FALL SOCCER 1,732.50 01546 T-SHIRTS/POLO SHIRTS POOL AREA 351.00 90734 04845 RECYCLING FEE - AUGUST 27,153.00 90735 01190 ELECTRIC & GAS UTILITY 3,749.67 01190 ELECTRIC & GAS UTILITY 2,674.54 01190 ELECTRIC UTILITY 1,204.26 01190 ELECTRIC & GAS UTILITY 206.93 01190 FIRE SIRENS 56.78 90736 01798 CONTRACT DIESEL FUEL - SEPT 9,641.10 90737 05267 PERFORMANCE MCC SEPT 20 1,500.00 90738 02347 TRAINING 90.00 90739 00064 SECURITY OFFICER FOR MCC SEPT 14 122.50 90740 04047 MCC SUPPORT AUG & SEPT 8 1,000.00 90741 04471 SOUND EQUIP/TECH MCC SEPT 28 500.00 04471 SOUND EQUIP/TECH MCC SEPT 20 500.00 90742 00230 3/4 MINUS - GERANIUM PARK 648.42 90743 00279 CONCRETE POUR - GERANIUM PARK 1,147.41 00279 CONCRETE POUR - GERANIUM PARK 756.68 00279 CONCRETE POUR - GERANIUM PARK 756.68 00279 CONCRETE POUR - GERANIUM PARK 734.45 90744 00379 PROJ 11-19 LARK AVE PMT#2 5,866.25 90745 04911 LINEN RENTAL MCC BRIDAL EXPO 160.31 90746 00003 ESCROW ALL POOLSIDE 660 ELDRIDGE 1,000.00 90747 03728 HABITAT RESTERATION 8/20/12-6/30/13 8,739.29 90748 02995 SAFETY TRAINING 435.00 90749 00789 BULK OIL FOR PUBLIC WORKS FLEET 5,765.11 90750 00809 SECURITY OFFICER MCC SEPT 14 157.50 90751 00827 WORK COMP QUARTERLY OCT - DEC 108,312.50 00827 INSURANCE QTR PREMIUM OCT - DEC 44,257.00 90752 04973 SOUND EQUIP/TECH MCC OCT 4 600.00 90753 00942 CLEAN SEWER BACK-UP 1745 DULUTH 658.88 90754 05266 OPTICAL INSPECTION 405.00 90755 00982 FOAM CONCENTRATE 280.87 90756 00986 MONTHLY SAC - AUGUST 7,231.95 90757 02617 SECURITY OFFICER MCC SEPT 7 140.00 90758 05200 INSTRUCTION OF VBALL CLINIC 765.00 90759 02300 KEYS MADE 76.83 90760 00001 REFUND J CLAUSEN - SHOW CANCELLED 53.56 90761 00001 REFUND M JORDAN - SHOW CANCELLED 53.56 90762 02008 PROJ 08-13 CONSTRUCTION COSTS 29,485.86 90763 04937 PERFORMANCE MCC SEPT 28 2,500.00 90764 00006 REFUND M GILL - MEMBERSHIP 257.10 90765 01522 LAW ENFORCEMENT DATA WORKSHOP 175.00 01522 LAW ENFORCEMENT DATA WORKSHOP 175.00 90766 05268 PERFORMANCE MCC SEPT 13 1,017.50 90767 04570 HORSE CAMP SESSION 3 & 4 900.00 09/24/2013 AQUA LOGIC INC 09/24/2013 AQUA LOGIC INC 09/24/2013 BRODIN STUDIOS, INC. Check Register City of Maplewood 09/19/2013 Date Vendor 09/24/2013 AQUA LOGIC INC 09/24/2013 NYSTROM PUBLISHING CO INC 09/24/2013 S E H 09/24/2013 SUBURBAN SPORTSWEAR 09/24/2013 CSI SOFTWARE 09/24/2013 H A KANTRUD 09/24/2013 METROPOLITAN COUNCIL 09/24/2013 XCEL ENERGY 09/24/2013 XCEL ENERGY 09/24/2013 XCEL ENERGY 09/24/2013 SUBURBAN SPORTSWEAR 09/24/2013 TENNIS SANITATION LLC 09/24/2013 XCEL ENERGY 09/24/2013 10,000 LAKES CHAPTER 09/24/2013 MARK ALDRIDGE 09/24/2013 ASHLAND PRODUCTIONS 09/24/2013 XCEL ENERGY 09/24/2013 YOCUM OIL CO. 09/19/2013 SHERWIN LINTON ENTERTAINMENT ENTERPRISES 09/24/2013 CEMSTONE PRODUCTS CO. 09/24/2013 CEMSTONE PRODUCTS CO. 09/24/2013 CEMSTONE PRODUCTS CO. 09/24/2013 B & B AVM INC. 09/24/2013 B & B AVM INC. 09/24/2013 BRYAN ROCK PRODUCTS, INC. 09/24/2013 ESCROW REFUND 09/24/2013 GREAT RIVER GREENING 09/24/2013 INTEGRATED LOSS CONTROL INC 09/24/2013 CEMSTONE PRODUCTS CO. 09/24/2013 DAVE PERKINS CONTRACTING INC 09/24/2013 DECKCI DECOR 09/24/2013 L M C I T 09/24/2013 LIGHTHOUSE RECORDS INC. 09/24/2013 MARSDEN BLDG MAINTENANCE CO 09/24/2013 KATH FUEL OIL SERVICE CO 09/24/2013 TOMMY KONG 09/24/2013 L M C I T 09/24/2013 ALESIA METRY 09/24/2013 MN VOLLEYBALL HEADQUARTERS 09/24/2013 OAKDALE LOCKSMITHS 09/24/2013 MCDONOUGH'S 09/24/2013 METRO FIRE INC 09/24/2013 METROPOLITAN COUNCIL 09/24/2013 SHADOWS TRIBUTE SHOWS 09/24/2013 SILVER SNEAKERS 09/24/2013 STATE OF MINNESOTA 09/24/2013 ONE TIME VENDOR 09/24/2013 ONE TIME VENDOR 09/24/2013 RAMSEY COUNTY PUBLIC WORKS 518,875.04 42 Checks in this report. 09/24/2013 STATE OF MINNESOTA 09/24/2013 THE WAX-TONES 09/24/2013 WOODLOCH INC. G1 Council Packet Page Number 50 of 213 Settlement Date Payee Description Amount 9/16/2013 MN State Treasurer Drivers License/Deputy Registrar 48,201.96 9/16/2013 US Bank Merchant Services Credit Card Billing fee 53.56 9/16/2013 VANCO Billing fee 116.00 9/16/2013 U.S. Treasurer Federal Payroll Tax 102,174.16 9/16/2013 P.E.R.A.P.E.R.A.89,765.25 9/16/2013 ING - State Plan Deferred Compensation 29,609.50 9/17/2013 MN State Treasurer Drivers License/Deputy Registrar 39,735.53 9/17/2013 Labor Unions Union Dues 1,969.25 9/17/2013 MN State Treasurer State Payroll Tax 21,065.46 9/18/2013 MN State Treasurer Drivers License/Deputy Registrar 52,978.30 9/19/2013 MN State Treasurer Drivers License/Deputy Registrar 12,801.86 9/19/2013 US Bank Merchant Services Credit Card Billing fee 70.00 9/20/2013 MN State Treasurer Drivers License/Deputy Registrar 20,607.68 9/20/2013 MN Dept of Natural Resources DNR electronic licenses 421.50 9/20/2013 MN Dept of Revenue Sales Tax 5,998.00 9/20/2013 Optum Health DCRP & Flex plan payments 499.31 426,067.32 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1 Council Packet Page Number 51 of 213 Check Description Amount 90769 00111 PATROL HOURS 9/7 - 9/22 1,400.00 90770 05114 PROJ 11-01 CONSULTANT SERVICES 1,205.00 05114 GENERAL GIS ASSISTANCE 669.00 90771 02149 MARKETING & ADVERTISING - SEPT 4,000.00 90772 02728 PROJ 12-14 PROF SRVS THRU 08/31 32,222.87 02728 PROJ 09-08 PROF SRVS THRU 08/31 15,173.87 02728 PROJ 12-15 PROF SRVS THRU 08/31 1,450.87 90773 04316 AUTO PAWN SYSTEM - AUGUST 790.20 90774 01202 RECREATION BROCHURE & POSTAGE 11,539.50 90775 01337 PRINTING AUG 13, PRIMARY BALLOTS 2,080.75 90776 01409 PDEP PROJ ENGINEERING FEES 50,609.24 01409 PDEP PROJ ENGINEERING FEES 43,766.05 01409 PDEP PROJ ENGINEERING FEES 42,978.96 01409 PDEP PROJ ENGINEERING FEES 31,042.49 01409 PDEP PROJ ENGINEERING FEES 26,738.04 01409 PROJ 09-09 CONSULTANT FEES 8,427.23 01409 PROJ 09-08 CONSULTANT FEES 3,834.48 01409 PROJ 04-21 CONSULTANT FEES 2,482.32 01409 PROJ 13-09 CONSULTANT FEES 804.49 01409 PROJ 11-19 CONSULTANT FEES 493.38 90777 03178 SCIENCE INSTRUCTION FOR DAY CAMP 230.00 90778 01463 MCC MASSAGES - AUGUST 1-15 528.50 01463 MCC MASSAGES - AUGUST 16-31 481.50 90779 02274 SPRINT SRVS 08/15 - 09/14 6,003.71 90780 01574 BITUMINOUS PURCHASES~1,196.59 01574 BITUMINOUS PURCHASES~493.05 01574 BITUMINOUS PURCHASES~70.44 90781 01830 EQUIP MONITOR COUNCIL CHAMBERS 3,617.76 01830 EQUIP MONITOR COUNCIL CHAMBERS 1,603.14 01830 EQUIP MONITOR COUNCIL CHAMBERS 1,512.29 90782 00159 REIMB FOR BATTERIES 08/29 41.23 90783 05272 REFUND FOR PORTION OF PAC PAID 10,500.00 90784 00211 PROJ 11-15 PROF SRVS THRU 9/6 4,238.75 90785 00221 CRACK SEALING MATERIAL 4,270.87 90786 03874 OFFICE FURNITURE PHASE 1A 21,012.57 90787 05215 FALL SOCCER PROG INSTRUCTION 600.00 90788 04371 INSTALL ACCESS CONTROL - DOORS PD 5,929.33 90789 03983 ESCROW RELEASE 3030 KENNARD 16,640.52 90790 03988 REIMB FOR TUITION & BOOKS 6/24-9/6 597.55 90791 00644 MONTHLY PREMIUM - OCTOBER 12,648.28 90792 05156 ESCROW RELEASE 377 SOPHIA 1,502.66 90793 04900 DRAPING MCC SEPT 21 600.00 90794 05269 POST CRITICAL INCIDENT SESSION 110.00 90795 00891 LUNCHEON M COLEMAN 09/12 20.00 90796 00936 CHARITABLE GAMBLING 6,132.00 90797 04790 DANCE INSTRUCTION 1,110.00 90798 03818 MONTHLY PREMIUM - OCTOBER 155,353.42 90799 00993 SCANNING OF HOUSE FILES - CYCLE 13 5,101.54 00993 SCANNING OF HOUSE FILES - CYCLE 15 4,986.52 00993 SCANNING OF HOUSE FILES - CYCLE 12 4,657.17 00993 SCANNING OF HOUSE FILES - CYCLE 14 4,536.14 90800 05271 UPLIGHTING WEDDING MCC SEPT 21 195.00 90801 01050 REGISTRATION FEE - OAKLEY 225.00 90801 01050 REGISTRATION FEE - ANN 195.00 90802 01095 MATERIALS & INSTALLATION OF CHAIN LINK 5,000.00 90803 01126 MONTHLY PREMIUM - OCTOBER 512.00 90804 01175 MONTHLY UTILITIES - AUGUST 3,794.91 10/01/2013 NCPERS MINNESOTA 10/01/2013 CITY OF NORTH ST PAUL 10/01/2013 MN NATURALIST ASSN 10/01/2013 MN NATURALIST ASSN 10/01/2013 MODERN FENCE & CONST INC 10/01/2013 MID-AMERICA BUSINESS SYSTEMS 10/01/2013 MID-AMERICA BUSINESS SYSTEMS 10/01/2013 MIDWEST SOUND AND LIGHT 10/01/2013 MEDICA 10/01/2013 MID-AMERICA BUSINESS SYSTEMS 10/01/2013 MID-AMERICA BUSINESS SYSTEMS 10/01/2013 M A M A 10/01/2013 MAPLEWOOD HISTORICAL SOCIETY 10/01/2013 MAYER ARTS, INC. 10/01/2013 KETTLER CONSTRUCTION INC. 10/01/2013 LASTING IMPRESSIONS BY AMY LLC 10/01/2013 LEE ERICKSON, MA, LPCC 10/01/2013 FRANA COMPANIES INC. 10/01/2013 JODI HALWEG 10/01/2013 HEALTHPARTNERS 10/01/2013 COMMERCIAL FURNITURE SERVICES 10/01/2013 CORESTRONG FITNESS LLC 10/01/2013 ELECTRO WATCHMAN INC. 10/01/2013 BENSON ORTH. ASSOCIATES INC. 10/01/2013 BRAUN INTERTEC CORP. 10/01/2013 BROCK WHITE COMPANY, LLC. 10/01/2013 ALPHA VIDEO & AUDIO INC 10/01/2013 ALPHA VIDEO & AUDIO INC 10/01/2013 PAUL BARTZ 10/01/2013 T A SCHIFSKY & SONS, INC 10/01/2013 T A SCHIFSKY & SONS, INC 10/01/2013 ALPHA VIDEO & AUDIO INC 10/01/2013 SISTER ROSALIND GEFRE 10/01/2013 SPRINT 10/01/2013 T A SCHIFSKY & SONS, INC 10/01/2013 S E H 10/01/2013 SCIENCE EXPLORERS, INC. 10/01/2013 SISTER ROSALIND GEFRE 10/01/2013 S E H 10/01/2013 S E H 10/01/2013 S E H 10/01/2013 S E H 10/01/2013 S E H 10/01/2013 S E H 10/01/2013 S E H 10/01/2013 S E H 10/01/2013 S E H 10/01/2013 CITY OF MINNEAPOLIS RECEIVABLES 10/01/2013 NYSTROM PUBLISHING CO INC 10/01/2013 RAMSEY COUNTY-PROP REC & REV 10/01/2013 KIMLEY-HORN & ASSOCIATES INC 10/01/2013 KIMLEY-HORN & ASSOCIATES INC 10/01/2013 KIMLEY-HORN & ASSOCIATES INC 10/01/2013 BOLTON & MENK, INC. 10/01/2013 BOLTON & MENK, INC. 10/01/2013 HEIDI CAREY Check Register City of Maplewood 09/27/2013 Date Vendor 10/01/2013 ANIMAL CONTROL SERVICES G1 Council Packet Page Number 52 of 213 01175 FIBER OPTIC ACCESS CHARGE - SEPT 1,068.75 90805 00001 REFUND HENRY-PHELPS CO LIQ LICENSE 3,541.67 90806 00001 REIMB C BATTEY TURF RESTORATION 1,100.00 90807 00001 REFUND MOHAMED HP BENEFIT 380.00 90808 00001 REIMB E HODGIN TURF RESTORATION 367.98 90809 00001 REFUND JESSIE TREBIL BLDG PERMIT 97.00 90810 00001 REFUND M LEE-JOHNSON - SWIM 73.00 90811 00001 REFUND E KOENIG - SOCCER 68.00 90812 00001 REFUND P RADOC - PROG CANCELLED 55.00 90813 00001 REFUND H JOHNSON - PROG CANCEL 55.00 90814 00001 MOTHERS&MORE CHARITABLE GAMBLING 22.50 90815 00001 REFUND Y NOYES PROG CANCELLED 10.00 90816 00001 REFUND A WEGNER ACTIVITY CANCEL 5.00 90817 05270 SERVER ROOM PROJ MGMT 38,204.91 05270 SERVER ROOM PROJ MGMT 38,204.90 90818 05103 SCBA FIT TEST 20.00 90819 03151 REPLENISH PETTY CASH 170.21 90820 01359 VEHICLE WASHES - AUGUST 85.00 90821 02001 PHONE SERVICE - AUGUST 1,436.20 02001 PHONE SERVICE - SEPTEMBER 1,436.20 90822 01387 ADMIN FEE FOR STRESS TEST - SEPT 100.00 90823 01418 CONCESSIONS 169.83 90824 03985 REIMB FOR MILEAGE MAY - SEPT 98.94 90825 02057 SECURITY OFFICER FOR MCC SEPT 21 280.00 10/01/2013 KAREN WACHAL 10/01/2013 JAY WENZEL 655,006.27 57 Checks in this report. 10/01/2013 CITY OF ROSEVILLE 10/01/2013 DR. JAMES ROSSINI 10/01/2013 SAM'S CLUB DIRECT 10/01/2013 PETTY CASH 10/01/2013 REGAL AUTO WASH BILLING 10/01/2013 CITY OF ROSEVILLE 10/01/2013 PARALLEL TECHNOLOGIES, INC. 10/01/2013 PARALLEL TECHNOLOGIES, INC. 10/01/2013 PERFORMANCE PLUS LLC 10/01/2013 ONE TIME VENDOR 10/01/2013 ONE TIME VENDOR 10/01/2013 ONE TIME VENDOR 10/01/2013 ONE TIME VENDOR 10/01/2013 ONE TIME VENDOR 10/01/2013 ONE TIME VENDOR 10/01/2013 ONE TIME VENDOR 10/01/2013 ONE TIME VENDOR 10/01/2013 ONE TIME VENDOR 10/01/2013 ONE TIME VENDOR 10/01/2013 ONE TIME VENDOR 10/01/2013 ONE TIME VENDOR 10/01/2013 CITY OF NORTH ST PAUL G1 Council Packet Page Number 53 of 213 Settlement Date Payee Description Amount 9/23/2013 MN State Treasurer Drivers License/Deputy Registrar 12,065.86 9/24/2013 MN State Treasurer Drivers License/Deputy Registrar 27,072.66 9/24/2013 MN Dept of Revenue Fuel Tax 482.22 9/25/2013 MN State Treasurer Drivers License/Deputy Registrar 56,864.65 9/26/2013 MN State Treasurer Drivers License/Deputy Registrar 26,173.85 9/27/2013 MN State Treasurer Drivers License/Deputy Registrar 52,958.40 9/27/2013 MN Dept of Natural Resources DNR electronic licenses 463.50 9/27/2013 US Bank VISA One Card*Purchasing card items 61,663.82 9/27/2013 ICMA (Vantagepointe)Deferred Compensation 4,137.50 9/27/2013 ING - State Plan Deferred Compensation 29,378.50 271,260.96 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1 Council Packet Page Number 54 of 213 Transaction Date Posting Date Merchant Name Transaction Amount Name 09/12/2013 09/16/2013 THE HOME DEPOT 2801 $40.09 DAVE ADAMS 09/07/2013 09/09/2013 UNIFORMS UNLIMITED INC.$171.81 MARK ALDRIDGE 09/13/2013 09/16/2013 UNIFORMS UNLIMITED INC.$35.11 PAUL BARTZ 09/18/2013 09/20/2013 ARROWWOOD RESORT CONF C $230.86 GAYLE BAUMAN 09/16/2013 09/18/2013 OFFICE DEPOT #1090 ($71.52)REGAN BEGGS 09/14/2013 09/16/2013 OPTICS PLANET INC $22.08 STANLEY BELDE 09/11/2013 09/12/2013 ABC CONFERENCING $53.43 CHAD BERGO 09/17/2013 09/18/2013 ABC CONFERENCING ($53.43)CHAD BERGO 09/17/2013 09/18/2013 BEST BUY MHT 00000109 $26.77 CHAD BERGO 09/07/2013 09/09/2013 CUB FOODS #1599 $34.99 BRIAN BIERDEMAN 09/12/2013 09/13/2013 RAY ALLEN MANUFACTURING,$21.99 BRIAN BIERDEMAN 09/10/2013 09/11/2013 ACORN NATURALISTS $212.14 OAKLEY BIESANZ 09/10/2013 09/13/2013 NOVELTY $61.75 OAKLEY BIESANZ 09/14/2013 09/16/2013 RAINBOW FOODS 00088526 $9.64 RON BOURQUIN 09/15/2013 09/16/2013 SARPINOS PIZZERIA $61.39 RON BOURQUIN 09/18/2013 09/19/2013 DICK'S CLOTHING&SPORTING $136.03 NEIL BRENEMAN 09/18/2013 09/20/2013 LOWES #02313*$27.12 NEIL BRENEMAN 09/06/2013 09/09/2013 DIAMOND VOGEL PAINT #807 $565.90 TROY BRINK 09/18/2013 09/19/2013 TRUCK UTILITIES INC ST PA $179.55 TROY BRINK 09/12/2013 09/13/2013 JOHN DEERE LANDSCAPES530 $410.01 BRENT BUCKLEY 09/06/2013 09/09/2013 FIRST SHRED $34.50 SARAH BURLINGAME 09/09/2013 09/11/2013 HONEYBAKED HAM $159.92 SARAH BURLINGAME 09/11/2013 09/12/2013 CURTIS 1000 INC.$76.20 SARAH BURLINGAME 09/13/2013 09/16/2013 PANERA BREAD #1305 $56.84 SARAH BURLINGAME 09/17/2013 09/18/2013 FIRST SHRED $69.00 SARAH BURLINGAME 09/17/2013 09/18/2013 YANGS CHINESE RESTAURANT $13.88 DAN BUSACK 09/12/2013 09/16/2013 DELTA AIR 0067258931882 $719.80 NICHOLAS CARVER 09/11/2013 09/12/2013 TWIN CITY HARDWARE HADLEY $118.86 SCOTT CHRISTENSON 09/11/2013 09/12/2013 MENARDS 3022 $26.89 SCOTT CHRISTENSON 09/12/2013 09/13/2013 STATE SUPPLY $60.04 SCOTT CHRISTENSON 09/13/2013 09/16/2013 THE HOME DEPOT 2801 $8.66 SCOTT CHRISTENSON 09/16/2013 09/17/2013 VIKING ELECTRIC-CREDIT DE $178.20 SCOTT CHRISTENSON 09/16/2013 09/18/2013 MILLS FLEET FARM #2,700 $16.00 SCOTT CHRISTENSON 09/18/2013 09/19/2013 VIKING ELECTRIC-CREDIT DE $89.35 SCOTT CHRISTENSON 09/18/2013 09/19/2013 VIKING ELECTRIC-CREDIT DE $36.35 SCOTT CHRISTENSON 09/16/2013 09/17/2013 TWIN CITIES TRANS & REC $179.62 KERRY CROTTY 09/09/2013 09/11/2013 THE HOME DEPOT 2810 ($16.07)CHARLES DEAVER 09/09/2013 09/11/2013 THE HOME DEPOT 2810 $46.06 CHARLES DEAVER 09/11/2013 09/12/2013 G&K SERVICES 182 $109.94 CHARLES DEAVER 09/11/2013 09/13/2013 THE HOME DEPOT 2810 $5.33 CHARLES DEAVER 09/14/2013 09/16/2013 DEGE GARDEN CENTER $4.29 CHARLES DEAVER 09/16/2013 09/18/2013 THE HOME DEPOT 2810 $17.08 CHARLES DEAVER 09/16/2013 09/17/2013 CC MILITARY SURPLU $34.95 JOSEPH DEMULLING 09/10/2013 09/12/2013 OFFICE MAX $16.06 RICHARD DOBLAR 09/05/2013 09/09/2013 COMMERCIAL POOL & SPA SUP $268.78 TOM DOUGLASS 09/06/2013 09/09/2013 THE HOME DEPOT 2801 $53.40 TOM DOUGLASS 09/06/2013 09/09/2013 COMMERCIAL POOL & SPA SUP $160.66 TOM DOUGLASS 09/07/2013 09/09/2013 COMMERCIAL POOL & SPA SUP $67.49 TOM DOUGLASS 09/09/2013 09/10/2013 SCHELENGRAYAUTOELECTRI $107.63 TOM DOUGLASS 09/09/2013 09/10/2013 WW GRAINGER $323.81 TOM DOUGLASS 09/10/2013 09/11/2013 KULLY SUPPLY $60.74 TOM DOUGLASS 09/12/2013 09/16/2013 COMMERCIAL POOL & SPA SUP $35.48 TOM DOUGLASS 09/13/2013 09/16/2013 WERNER ELECTRIC SPLY NPC $1,057.09 TOM DOUGLASS 09/17/2013 09/18/2013 OCE' USA, INC./ITASCA $119.13 JOHN DUCHARME 09/06/2013 09/09/2013 BROWNELLS INC $131.05 MICHAEL DUGAS G1 Council Packet Page Number 55 of 213 09/10/2013 09/11/2013 FASTENAL COMPANY01 $5.13 DOUG EDGE 09/10/2013 09/12/2013 THE HOME DEPOT 2801 $54.54 DOUG EDGE 09/15/2013 09/16/2013 CUB FOODS #1599 $10.48 PAUL E EVERSON 09/06/2013 09/09/2013 THE HOME DEPOT 2801 $582.70 LARRY FARR 09/06/2013 09/09/2013 SQ *CHRIS MASTELL TRAILER $250.00 LARRY FARR 09/06/2013 09/09/2013 CINTAS 470 $90.27 LARRY FARR 09/11/2013 09/12/2013 G&K SERVICES 182 $906.70 LARRY FARR 09/11/2013 09/12/2013 G&K SERVICES 182 $508.09 LARRY FARR 09/13/2013 09/16/2013 COMMERCIALP $259.00 LARRY FARR 09/13/2013 09/16/2013 MENARDS 3022 $250.65 LARRY FARR 09/17/2013 09/18/2013 MUSKA ELECTRIC CO.$399.60 LARRY FARR 09/18/2013 09/20/2013 COMMERCIAL FURNIT00 OF 00 $2,965.48 LARRY FARR 09/19/2013 09/20/2013 YALE MECHANICAL LLC $939.25 LARRY FARR 09/19/2013 09/20/2013 YALE MECHANICAL LLC $939.25 LARRY FARR 09/19/2013 09/20/2013 YALE MECHANICAL LLC $264.00 LARRY FARR 09/19/2013 09/20/2013 CINTAS 470 $90.27 LARRY FARR 09/10/2013 09/12/2013 ROF CALHOUN SQUARE LLC $8.00 DAVID FISHER 09/11/2013 09/12/2013 REPUBLIC SERVICES TRASH $493.52 DAVID FISHER 09/17/2013 09/19/2013 ROF CALHOUN SQUARE LLC $9.00 DAVID FISHER 09/06/2013 09/09/2013 VZWRLSS*APOCC VISB $2,194.03 MYCHAL FOWLDS 09/09/2013 09/10/2013 BEST BUY MHT 00000109 $64.26 MYCHAL FOWLDS 09/11/2013 09/12/2013 AMAZON.COM $64.24 MYCHAL FOWLDS 09/11/2013 09/12/2013 AMAZON.COM $128.48 MYCHAL FOWLDS 09/12/2013 09/13/2013 AMAZON.COM $217.06 MYCHAL FOWLDS 09/14/2013 09/16/2013 IDU*INSIGHT PUBLIC SEC $1,650.36 MYCHAL FOWLDS 09/07/2013 09/09/2013 HP DIRECT-PUBLICSECTOR $1,375.49 NICK FRANZEN 09/10/2013 09/11/2013 HP DIRECT-PUBLICSECTOR $212.11 NICK FRANZEN 09/13/2013 09/16/2013 IDU*INSIGHT PUBLIC SEC $81.12 NICK FRANZEN 09/13/2013 09/16/2013 HP DIRECT-PUBLICSECTOR $84.63 NICK FRANZEN 09/13/2013 09/16/2013 DATA Q DIRECT $1,034.76 NICK FRANZEN 09/19/2013 09/20/2013 IDU*INSIGHT PUBLIC SEC $506.16 NICK FRANZEN 09/05/2013 09/09/2013 DEGE GARDEN CENTER $16.86 CAROLE GERNES 09/11/2013 09/12/2013 WALGREENS #3122 $1.39 CAROLE GERNES 09/12/2013 09/13/2013 BEST BUY MHT 00000109 $53.55 CLARENCE GERVAIS 09/09/2013 09/09/2013 AMAZON.COM $263.49 JAN GREW HAYMAN 09/11/2013 09/12/2013 PRAIRIE MOON $37.41 JAN GREW HAYMAN 09/06/2013 09/09/2013 BEST BUY MHT 00000109 $139.26 KAREN GUILFOILE 09/07/2013 09/09/2013 VZWRLSS*APOCC VISN $107.15 KAREN GUILFOILE 09/10/2013 09/12/2013 THE HOME DEPOT 2801 $22.38 MARK HAAG 09/12/2013 09/13/2013 CONTINENTAL SAFETY EQUI $350.82 MARK HAAG 09/19/2013 09/20/2013 VIKING INDUSTRIAL CENTER $95.31 MARK HAAG 09/06/2013 09/09/2013 HENRIKSEN ACE HARDWARE $31.04 TAMARA HAYS 09/10/2013 09/11/2013 JOHN DEERE LANDSCAPES530 $12.74 GARY HINNENKAMP 09/12/2013 09/13/2013 HIRSHFIELDS ST PAUL CSC $1,300.71 GARY HINNENKAMP 09/06/2013 09/09/2013 HENRIKSEN ACE HARDWARE $13.38 RON HORWATH 09/11/2013 09/12/2013 BAKERS-SQUARE-REST #0670 $125.88 RON HORWATH 09/14/2013 09/16/2013 FACEBK *BWZMZ4SKE2 $25.00 RON HORWATH 09/17/2013 09/19/2013 THE HOME DEPOT 2801 $22.40 RON HORWATH 09/10/2013 09/11/2013 WALGREENS #3122 $1.39 ANN HUTCHINSON 09/10/2013 09/11/2013 WALGREENS #3122 $31.47 ANN HUTCHINSON 09/11/2013 09/13/2013 FREEDOM 65 11010600 $10.98 ANN HUTCHINSON 09/16/2013 09/18/2013 DEGE GARDEN CENTER $10.69 ANN HUTCHINSON 09/11/2013 09/13/2013 THE 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KVAM 09/16/2013 09/18/2013 UNIFORMS UNLIMITED INC.$23.14 DAVID KVAM 09/16/2013 09/18/2013 UNIFORMS UNLIMITED INC.$330.56 DAVID KVAM 09/17/2013 09/19/2013 UNIFORMS UNLIMITED INC.$118.63 DAVID KVAM 09/17/2013 09/19/2013 UNIFORMS UNLIMITED INC.$131.23 DAVID KVAM 09/18/2013 09/20/2013 UNIFORMS UNLIMITED INC.($23.14)DAVID KVAM 09/18/2013 09/20/2013 UNIFORMS UNLIMITED INC.($131.23)DAVID KVAM 09/15/2013 09/16/2013 KOHL'S #0408 $71.04 TODD LANGNER 09/12/2013 09/13/2013 NIKE.COM $80.00 JOHNNIE LU 09/06/2013 09/09/2013 ASPEN MILLS INC.$210.25 STEVE LUKIN 09/06/2013 09/09/2013 ASPEN MILLS INC.$97.90 STEVE LUKIN 09/06/2013 09/09/2013 ASPEN MILLS INC.$68.50 STEVE LUKIN 09/13/2013 09/13/2013 AIRGASS NORTH $94.72 STEVE LUKIN 09/13/2013 09/13/2013 AIRGASS NORTH $161.56 STEVE LUKIN 09/06/2013 09/09/2013 BILLS GUN SHOP & RANGE NO $450.00 GLEN MCCARTY 09/06/2013 09/09/2013 BOUND TREE MEDICAL LLC $438.39 MICHAEL MONDOR 09/11/2013 09/13/2013 BOUND TREE MEDICAL LLC $382.84 MICHAEL MONDOR 09/11/2013 09/13/2013 BOUND TREE MEDICAL LLC $485.28 MICHAEL MONDOR 09/11/2013 09/13/2013 PRIMARY PRODUCTS COMPANY $184.26 MICHAEL MONDOR 09/11/2013 09/16/2013 BOUND TREE MEDICAL LLC $41.89 MICHAEL MONDOR 09/13/2013 09/16/2013 ANCOM TECHNICAL CENTER IN $1,442.55 MICHAEL MONDOR 09/13/2013 09/16/2013 BOUND TREE MEDICAL LLC $154.63 MICHAEL MONDOR 09/13/2013 09/16/2013 HEALTH CARE LOGISTICS $96.74 MICHAEL MONDOR 09/13/2013 09/16/2013 WWW.PELICANCASES.COM $26.21 MICHAEL MONDOR 09/16/2013 09/17/2013 MOTION COMPUTING INC $115.32 MICHAEL MONDOR 09/16/2013 09/18/2013 BOUND TREE MEDICAL LLC $479.98 MICHAEL MONDOR 09/17/2013 09/18/2013 N AMERICA RESCUE PRODUCT $304.65 MICHAEL MONDOR 09/18/2013 09/19/2013 LMC*LAERDAL MEDICAL $971.79 MICHAEL MONDOR 09/12/2013 09/16/2013 CERTIFIED LABORATORIES $842.69 BRYAN NAGEL 09/19/2013 09/20/2013 MINNESOTA FALL EXPO $250.00 BRYAN NAGEL 09/18/2013 09/19/2013 HENRIKSEN ACE HARDWARE $6.41 RICHARD NORDQUIST 09/18/2013 09/20/2013 THE HOME DEPOT 2801 $225.59 RICHARD NORDQUIST 09/06/2013 09/09/2013 UNIFORMS UNLIMITED INC.($10.69)MICHAEL NYE 09/09/2013 09/10/2013 USPS 26833895523402076 $16.85 MICHAEL NYE 09/10/2013 09/11/2013 USPS 26833895523402076 $5.80 MICHAEL NYE 09/11/2013 09/13/2013 OFFICE MAX $84.58 MICHAEL NYE 09/13/2013 09/16/2013 ATK BLACKHAWK $23.06 MICHAEL NYE 09/17/2013 09/19/2013 THE HOME DEPOT 2801 $5.32 MICHAEL NYE 09/18/2013 09/19/2013 OBSERVINT TECHNOLOGIES $101.42 MICHAEL NYE 09/18/2013 09/20/2013 MILLS FLEET FARM #2,700 $5.34 MICHAEL NYE 09/19/2013 09/20/2013 NOR*NORTHERN TOOL $348.51 MICHAEL NYE 09/12/2013 09/13/2013 BROCK WHITE 180 $97.40 ERICK OSWALD 09/06/2013 09/09/2013 OFFICE DEPOT #1090 $60.62 MARY KAY PALANK 09/13/2013 09/16/2013 OFFICE DEPOT #1090 $95.45 MARY KAY PALANK 09/17/2013 09/19/2013 OFFICE DEPOT #1090 $57.39 MARY KAY PALANK G1 Council Packet Page Number 57 of 213 09/18/2013 09/20/2013 OFFICE DEPOT #1090 $251.39 MARY KAY PALANK 09/09/2013 09/11/2013 WWW.PELICANCASES.COM $354.05 PHILIP F POWELL 09/09/2013 09/13/2013 SIRCHIE FINGER PRINT LABO $141.85 PHILIP F POWELL 09/18/2013 09/19/2013 ARROWHEAD SCIENTIFIC INC $109.21 PHILIP F POWELL 09/06/2013 09/09/2013 CERTIFIED LABORATORIES $36.09 STEVEN PRIEM 09/09/2013 09/11/2013 VCN*MN STATE PATROL $24.50 STEVEN PRIEM 09/10/2013 09/11/2013 BAUER BUILT TIRE 18 $512.42 STEVEN PRIEM 09/11/2013 09/12/2013 AUTO PLUS LITTLE CANADA $115.08 STEVEN PRIEM 09/11/2013 09/12/2013 BAUER BUILT TIRE 18 $627.65 STEVEN PRIEM 09/11/2013 09/12/2013 BAUER BUILT TIRE 18 $571.30 STEVEN PRIEM 09/11/2013 09/13/2013 KREMER SERVICES $518.39 STEVEN PRIEM 09/12/2013 09/13/2013 BARNETT CHRYJEEPKIA $25.28 STEVEN PRIEM 09/13/2013 09/16/2013 PIONEER RIM & WHEEL $113.65 STEVEN PRIEM 09/16/2013 09/17/2013 AN FORD WHITE BEAR LAK $74.22 STEVEN PRIEM 09/16/2013 09/17/2013 UNLIMITED SUPPLIES INC $79.97 STEVEN PRIEM 09/16/2013 09/17/2013 BAUER BUILT TIRE 18 $515.80 STEVEN PRIEM 09/16/2013 09/17/2013 POLAR CHEVROLET MAZDA $41.73 STEVEN PRIEM 09/16/2013 09/17/2013 POLAR CHEVROLET MAZDA $12.58 STEVEN PRIEM 09/17/2013 09/18/2013 AUTO PLUS LITTLE CANADA $39.14 STEVEN PRIEM 09/17/2013 09/18/2013 AN FORD WHITE BEAR LAK $49.58 STEVEN PRIEM 09/18/2013 09/19/2013 AUTO PLUS LITTLE CANADA ($39.14)STEVEN PRIEM 09/18/2013 09/19/2013 FACTORY MTR PTS #1 $282.91 STEVEN PRIEM 09/18/2013 09/19/2013 TERMINAL SUPPLY, INC.$43.67 STEVEN PRIEM 09/19/2013 09/20/2013 AUTO PLUS LITTLE CANADA $194.26 STEVEN PRIEM 09/09/2013 09/11/2013 THE HOME DEPOT 2801 $189.88 KELLY PRINS 09/11/2013 09/13/2013 THE HOME DEPOT 2801 $61.15 KELLY PRINS 09/13/2013 09/16/2013 VIKING ELECTRIC-CREDIT DE $355.89 KELLY PRINS 09/10/2013 09/12/2013 PIONEER PRESS ADVERTISING $866.00 TERRIE RAMEAUX 09/06/2013 09/09/2013 THE HOME DEPOT 2801 $173.45 MICHAEL REILLY 09/12/2013 09/13/2013 DALCO ENTERPRISES, INC $412.18 MICHAEL REILLY 09/16/2013 09/17/2013 DALCO ENTERPRISES, INC $64.74 MICHAEL REILLY 09/09/2013 09/10/2013 FASTENAL COMPANY01 $730.88 ROBERT RUNNING 09/09/2013 09/11/2013 REEDS SALES AND SERVIC $61.95 ROBERT RUNNING 09/16/2013 09/18/2013 MIKES LP GAS INC $70.00 ROBERT RUNNING 09/18/2013 09/19/2013 HENRIKSEN ACE HARDWARE $5.96 ROBERT RUNNING 09/12/2013 09/13/2013 CITIZEN OBSERVER, LLC $5,700.00 PAUL SCHNELL 09/09/2013 09/10/2013 LIQUID WASTE INDUSTRIES,$139.95 SCOTT SCHULTZ 09/11/2013 09/12/2013 HIRSHFIELDS ST PAUL CSC $495.77 SCOTT SCHULTZ 09/11/2013 09/12/2013 G&K SERVICES 182 $1,918.94 SCOTT SCHULTZ 09/11/2013 09/12/2013 JOHN DEERE LANDSCAPES530 $1,096.53 SCOTT SCHULTZ 09/13/2013 09/16/2013 CINTAS CORP # 060A $336.32 SCOTT SCHULTZ 09/13/2013 09/16/2013 WM EZPAY $2,210.40 SCOTT SCHULTZ 09/17/2013 09/19/2013 THE HOME DEPOT 2801 $184.79 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $105.81 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $211.62 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ G1 Council Packet Page Number 58 of 213 09/18/2013 09/20/2013 ON SITE SANITATION INC $105.81 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/18/2013 09/20/2013 ON SITE SANITATION INC $55.58 SCOTT SCHULTZ 09/19/2013 09/20/2013 MINNESOTA FALL EXPO $200.00 SCOTT SCHULTZ 09/19/2013 09/20/2013 MINNESOTA FALL EXPO $100.00 SCOTT SCHULTZ 09/06/2013 09/09/2013 A-1 LAUNDRY $119.12 CAITLIN SHERRILL 09/12/2013 09/16/2013 BROADWAY RENTAL $389.98 CAITLIN SHERRILL 09/13/2013 09/16/2013 CUB FOODS #1599 $35.09 CAITLIN SHERRILL 09/13/2013 09/16/2013 MICHAELS STORES 2744 $22.44 CAITLIN SHERRILL 09/15/2013 09/16/2013 CUB FOODS #1599 $11.77 CAITLIN SHERRILL 09/06/2013 09/09/2013 AMAZON.COM $39.96 MICHAEL SHORTREED 09/06/2013 09/09/2013 AMAZON.COM $330.05 MICHAEL SHORTREED 09/07/2013 09/10/2013 REDS SAVOY PIZZA - DT $92.29 RONALD SVENDSEN 09/06/2013 09/09/2013 MICHAELS STORES 2744 $53.19 JAMES TAYLOR 09/19/2013 09/20/2013 FEDEXOFFICE 00006171 $151.70 JAMES TAYLOR 09/10/2013 09/11/2013 LANDS END INTERNET $77.99 PAUL THEISEN 09/07/2013 09/09/2013 USPS 26833800033400730 $8.59 PAUL THIENES 09/07/2013 09/09/2013 UNIFORMS UNLIMITED INC.$65.73 PAUL THIENES 09/09/2013 09/11/2013 VICTORY PARKING INC $10.00 MICHAEL THOMPSON 09/05/2013 09/09/2013 OFFICE DEPOT #1079 $6.14 KAREN WACHAL 09/05/2013 09/09/2013 OFFICE DEPOT #1090 $42.39 KAREN WACHAL 09/05/2013 09/09/2013 OFFICE DEPOT #1080 $25.43 KAREN WACHAL 09/13/2013 09/16/2013 AMAZON.COM $13.36 KAREN WACHAL 09/17/2013 09/17/2013 AMAZON.COM $65.72 KAREN WACHAL 09/05/2013 09/09/2013 OFFICE DEPOT #1090 $56.27 TAMMY YOUNG 09/18/2013 09/20/2013 OFFICE DEPOT #1090 $54.31 TAMMY YOUNG 09/18/2013 09/19/2013 DALCO ENTERPRISES, INC $30.38 SUSAN ZWIEG $61,663.82 G1 Council Packet Page Number 59 of 213 CHECK #CHECK DATE EMPLOYEE NAME 09/27/13 SVENDSEN, JOANNE 2,191.77 09/27/13 THOMFORDE, FAITH 1,616.99 09/27/13 POWELL, PHILIP 2,999.29 09/27/13 SCHNELL, PAUL 4,745.37 09/27/13 KVAM, DAVID 4,304.38 09/27/13 PALANK, MARY 1,951.20 09/27/13 WEAVER, KRISTINE 2,412.20 09/27/13 CORCORAN, THERESA 1,954.59 09/27/13 SCHOENECKER, LEIGH 1,768.99 09/27/13 VITT, SANDRA 1,120.75 09/27/13 OSTER, ANDREA 1,953.51 09/27/13 RICHTER, CHARLENE 849.23 09/27/13 MECHELKE, SHERRIE 848.81 09/27/13 MOY, PAMELA 1,557.27 09/27/13 SPANGLER, EDNA 1,191.59 09/27/13 LARSON, MICHELLE 1,910.60 09/27/13 GUILFOILE, KAREN 4,452.98 09/27/13 SCHMIDT, DEBORAH 3,096.67 09/27/13 ARNOLD, AJLA 1,232.75 09/27/13 BEGGS, REGAN 1,609.00 09/27/13 RUEB, JOSEPH 2,829.00 09/27/13 SINDT, ANDREA 2,240.23 09/27/13 JACKSON, MARY 2,176.91 09/27/13 KELSEY, CONNIE 2,653.11 09/27/13 ANDERSON, CAROLE 1,448.47 09/27/13 DEBILZAN, JUDY 1,385.92 09/27/13 RAMEAUX, THERESE 3,130.54 09/27/13 BAUMAN, GAYLE 4,602.02 09/27/13 JAHN, DAVID 1,906.31 09/27/13 METRY, THOMAS 60.00 09/27/13 CHRISTENSON, SCOTT 2,246.67 09/27/13 FARR, LARRY 3,287.48 09/27/13 COLEMAN, MELINDA 4,719.94 09/27/13 KANTRUD, HUGH 184.62 09/27/13 AHL, R. CHARLES 5,459.42 09/27/13 BURLINGAME, SARAH 2,200.51 09/27/13 STRAUTMANIS, MARIS 138.00 09/27/13 VALLE, EDWARD 202.50 09/27/13 ROSSBACH, WILLIAM 494.44 09/27/13 CAVE, REBECCA 435.16 09/27/13 JUENEMANN, KATHLEEN 435.16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 09/27/13 CARDINAL, ROBERT 435.16 09/27/13 KOPPEN, MARVIN 435.16 G1 Council Packet Page Number 60 of 213 09/27/13 BAHL, DAVID 692.58 09/27/13 BASSETT, BRENT 342.72 09/27/13 XIONG, KAO 2,947.13 09/27/13 ANDERSON, BRIAN 293.76 09/27/13 TRAN, JOSEPH 2,805.22 09/27/13 WENZEL, JAY 3,353.99 09/27/13 THEISEN, PAUL 3,111.27 09/27/13 THIENES, PAUL 4,009.92 09/27/13 SYPNIEWSKI, WILLIAM 2,947.13 09/27/13 TAUZELL, BRIAN 3,725.08 09/27/13 STEINER, JOSEPH 3,365.87 09/27/13 STRAND, ZACHARY 1,914.90 09/27/13 RHUDE, MATTHEW 3,273.02 09/27/13 SHORTREED, MICHAEL 4,183.06 09/27/13 PARKER, JAMES 2,867.74 09/27/13 REZNY, BRADLEY 3,149.58 09/27/13 NYE, MICHAEL 3,416.66 09/27/13 OLSON, JULIE 3,062.74 09/27/13 METRY, ALESIA 3,455.61 09/27/13 MICHELETTI, BRIAN 1,965.67 09/27/13 MARTIN, JERROLD 3,810.67 09/27/13 MCCARTY, GLEN 3,165.98 09/27/13 LYNCH, KATHERINE 3,324.99 09/27/13 MARINO, JASON 3,339.94 09/27/13 LANGNER, TODD 3,398.22 09/27/13 LU, JOHNNIE 3,132.23 09/27/13 KROLL, BRETT 3,118.18 09/27/13 LANGNER, SCOTT 167.59 09/27/13 KONG, TOMMY 3,159.95 09/27/13 KREKELER, NICHOLAS 919.60 09/27/13 JOHNSON, KEVIN 4,030.41 09/27/13 KALKA, THOMAS 963.29 09/27/13 HER, PHENG 2,887.16 09/27/13 HIEBERT, STEVEN 3,556.52 09/27/13 GABRIEL, ANTHONY 3,327.34 09/27/13 HAWKINSON JR, TIMOTHY 3,365.87 09/27/13 FORSYTHE, MARCUS 2,570.65 09/27/13 FRITZE, DEREK 3,051.29 09/27/13 DUGAS, MICHAEL 4,401.84 09/27/13 ERICKSON, VIRGINIA 3,434.13 09/27/13 DEMULLING, JOSEPH 3,099.92 09/27/13 DOBLAR, RICHARD 4,095.31 09/27/13 CARNES, JOHN 2,239.22 09/27/13 CROTTY, KERRY 3,684.00 09/27/13 BIERDEMAN, BRIAN 4,338.02 09/27/13 BUSACK, DANIEL 3,878.30 09/27/13 BELDE, STANLEY 3,513.99 09/27/13 BENJAMIN, MARKESE 2,940.35 09/27/13 BAKKE, LONN 3,464.02 09/27/13 BARTZ, PAUL 3,977.72 09/27/13 ABEL, CLINT 3,055.76 09/27/13 ALDRIDGE, MARK 3,118.77 G1 Council Packet Page Number 61 of 213 09/27/13 SVENDSEN, RONALD 3,630.06 09/27/13 WHITE, JOEL 440.64 09/27/13 SEDLACEK, JEFFREY 2,779.70 09/27/13 STREFF, MICHAEL 3,362.22 09/27/13 RIEKEN, NICHOLAS 538.56 09/27/13 RODRIGUEZ, ROBERTO 440.64 09/27/13 RANK, PAUL 734.40 09/27/13 RICE, CHRISTOPHER 399.84 09/27/13 RAINEY, JAMES 465.12 09/27/13 RANK, NATHAN 881.28 09/27/13 PETERSON, ROBERT 2,934.89 09/27/13 POWERS, KENNETH 348.84 09/27/13 PARROW, JOSHUA 342.72 09/27/13 PETERSON, MARK 714.00 09/27/13 OPHEIM, JOHN 342.72 09/27/13 PACHECO, ALPHONSE 538.56 09/27/13 NOWICKI, PAUL 309.06 09/27/13 OLSON, JAMES 2,747.72 09/27/13 NIELSEN, KENNETH 314.16 09/27/13 NOVAK, JEROME 2,852.30 09/27/13 MONSON, PETER 599.76 09/27/13 MORGAN, JEFFERY 374.62 09/27/13 MILLER, NICHOLAS 220.32 09/27/13 MONDOR, MICHAEL 3,500.59 09/27/13 LOCHEN, MICHAEL 595.68 09/27/13 MILLER, LADD 856.80 09/27/13 KUBAT, ERIC 2,672.68 09/27/13 LINDER, TIMOTHY 2,690.12 09/27/13 KERSKA, JOSEPH 1,640.16 09/27/13 KONDER, RONALD 538.56 09/27/13 KARRAS, JAMIE 440.64 09/27/13 KELLOGG, JOHNATHAN 293.76 09/27/13 JONES, JONATHAN 440.64 09/27/13 KANE, ROBERT 856.80 09/27/13 HUTCHINSON, JAMES 371.28 09/27/13 IMM, TRACY 440.64 09/27/13 HALWEG, JODI 2,779.70 09/27/13 HAWTHORNE, ROCHELLE 2,346.65 09/27/13 HAGEN, MICHAEL 342.72 09/27/13 HALE, JOSEPH 456.96 09/27/13 EATON, PAUL 734.40 09/27/13 EVERSON, PAUL 3,212.78 09/27/13 DABRUZZI, THOMAS 2,669.78 09/27/13 DAWSON, RICHARD 2,973.30 09/27/13 CRAWFORD - JR, RAYMOND 2,199.03 09/27/13 CRUMMY, CHARLES 342.72 09/27/13 CONCHA, DANIEL 440.64 09/27/13 COREY, ROBERT 465.12 09/27/13 CAPISTRANT, JACOB 85.68 09/27/13 CAPISTRANT, JOHN 571.20 09/27/13 BAUMAN, ANDREW 2,679.20 09/27/13 BOURQUIN, RON 783.36 G1 Council Packet Page Number 62 of 213 09/27/13 FISHER, DAVID 3,884.68 09/27/13 SWAN, DAVID 2,829.79 09/27/13 BRASH, JASON 2,569.79 09/27/13 CARVER, NICHOLAS 3,317.22 09/27/13 FINWALL, SHANN 3,306.59 09/27/13 MARTIN, MICHAEL 2,882.59 09/27/13 YOUNG, TAMELA 2,104.19 09/27/13 EKSTRAND, THOMAS 3,906.15 09/27/13 KROLL, LISA 1,946.59 09/27/13 THOMPSON, DEBRA 779.56 09/27/13 WACHAL, KAREN 955.29 09/27/13 GAYNOR, VIRGINIA 3,317.22 09/27/13 HUTCHINSON, ANN 2,709.28 09/27/13 SOUTTER, CHRISTINE 327.25 09/27/13 GERNES, CAROLE 658.75 09/27/13 HAYMAN, JANET 1,253.41 09/27/13 BIESANZ, OAKLEY 1,773.97 09/27/13 DEAVER, CHARLES 813.50 09/27/13 NORDQUIST, RICHARD 2,200.09 09/27/13 PURVES, JUSTIN 1,579.39 09/27/13 HINNENKAMP, GARY 2,411.41 09/27/13 NAUGHTON, JOHN 2,197.79 09/27/13 HAMRE, MILES 1,736.56 09/27/13 HAYS, TAMARA 1,652.19 09/27/13 KONEWKO, DUWAYNE 4,512.71 09/27/13 BUTTWEILER, TYLER 808.50 09/27/13 ZIEMAN, SCOTT 232.00 09/27/13 JANASZAK, MEGHAN 1,608.99 09/27/13 LOVE, STEVEN 3,665.83 09/27/13 THOMPSON, MICHAEL 4,531.64 09/27/13 KREGER, JASON 3,399.57 09/27/13 LINDBLOM, RANDAL 2,806.31 09/27/13 ENGSTROM, ANDREW 2,745.82 09/27/13 JAROSCH, JONATHAN 3,124.02 09/27/13 BURLINGAME, NATHAN 2,172.00 09/27/13 DUCHARME, JOHN 2,804.00 09/27/13 RUNNING, ROBERT 2,518.23 09/27/13 TEVLIN, TODD 2,197.79 09/27/13 OSWALD, ERICK 2,359.51 09/27/13 RUIZ, RICARDO 1,652.19 09/27/13 MEISSNER, BRENT 2,124.59 09/27/13 NAGEL, BRYAN 3,630.80 09/27/13 EDGE, DOUGLAS 2,167.40 09/27/13 JONES, DONALD 2,197.79 09/27/13 BUCKLEY, BRENT 2,946.85 09/27/13 DEBILZAN, THOMAS 2,197.79 09/27/13 KNUTSON, LOIS 2,223.39 09/27/13 BRINK, TROY 2,412.19 09/27/13 ZWIEG, SUSAN 1,745.75 09/27/13 CORTESI, LUANNE 1,452.78 09/27/13 GERVAIS-JR, CLARENCE 4,075.48 09/27/13 LUKIN, STEVEN 4,721.04 G1 Council Packet Page Number 63 of 213 09/27/13 FLORES, LUIS 24.00 09/27/13 FONTAINE, KIM 524.15 09/27/13 ERICKSON-CLARK, CAROL 37.12 09/27/13 ERICSON, RACHEL 51.15 09/27/13 DUNN, RYAN 1,181.21 09/27/13 EHLE, DANIEL 66.15 09/27/13 DEMPSEY, BETH 63.12 09/27/13 DRECHSEL, HEIDI 13.74 09/27/13 BUTLER, ANGELA 121.50 09/27/13 CRANDALL, KRISTA 539.50 09/27/13 BESTER, MICHAEL 138.00 09/27/13 BUCKLEY, BRITTANY 384.00 09/27/13 BAUDE, SARAH 64.76 09/27/13 BERGLUND, ERIK 72.51 09/27/13 BAETZOLD, CLAIRE 73.50 09/27/13 BAUDE, JANE 73.00 09/27/13 ANDERSON, ALYSSA 20.81 09/27/13 ANDERSON, JOSHUA 480.89 09/27/13 VUE, LOR PAO 549.13 09/27/13 AICHELE, MEGAN 227.25 09/27/13 ST SAUVER, CRAIG 89.25 09/27/13 VANG, TIM 93.00 09/27/13 KULHANEK-DIONNE, ANN 591.00 09/27/13 PELOQUIN, PENNYE 481.27 09/27/13 HOFMEISTER, TIMOTHY 459.56 09/27/13 KELLEY, CAITLIN 1,103.02 09/27/13 HAUBLE, AMANDA 80.75 09/27/13 HOFMEISTER, MARY 1,147.57 09/27/13 EVANS, CHRISTINE 1,739.12 09/27/13 GLASS, JEAN 2,173.21 09/27/13 WILBER, JEFFREY 1,579.39 09/27/13 AKEY, SHELLEY 40.50 09/27/13 ORE, JORDAN 1,652.19 09/27/13 SCHULTZ, SCOTT 3,418.81 09/27/13 ADAMS, DAVID 2,027.16 09/27/13 HAAG, MARK 2,650.80 09/27/13 TAYLOR, JAMES 2,941.39 09/27/13 VUKICH, CANDACE 80.75 09/27/13 SCHALLER, SCOTT 21.50 09/27/13 SHERWOOD, CHRISTIAN 473.00 09/27/13 ROBBINS, AUDRA 3,242.05 09/27/13 ROBBINS, CAMDEN 118.75 09/27/13 LARSON, TRISTA 28.00 09/27/13 LEMAY, BRANDON 42.00 09/27/13 LAMB, JIM 45.00 09/27/13 LAMB, JONATHON 75.00 09/27/13 BRENEMAN, NEIL 2,435.05 09/27/13 FRANK, PETER 425.00 09/27/13 BERGER, STEPHANIE 536.76 09/27/13 BJORK, BRANDON 110.00 09/27/13 WELLENS, MOLLY 1,801.25 09/27/13 ACEITUNO, FELIPE 14.00 G1 Council Packet Page Number 64 of 213 09/27/13 LOONEY, RAYNIA 40.00 09/27/13 MAIDMENT, COLIN 386.75 09/27/13 DOUGLASS, TOM 2,004.69 09/27/13 LOONEY, RAYJEANIA 240.00 09/27/13 CRAWFORD, SHAWN 480.00 09/27/13 CUSICK, JESSICA 367.63 09/27/13 RANGEL, SAMANTHA 266.00 09/27/13 WISTL, MOLLY 422.63 09/27/13 LANGER, CHELSEA 303.88 09/27/13 LANGER, KAYLYN 110.50 09/27/13 YUNKER, JOSEPH 184.00 09/27/13 BOSLEY, CAROL 126.00 09/27/13 WEINHAGEN, SHELBY 78.75 09/27/13 WHITE, DANICA 18.38 09/27/13 TUPY, MARCUS 95.00 09/27/13 WARNER, CAROLYN 92.40 09/27/13 TRUE, ANDREW 40.88 09/27/13 TUPY, HEIDE 45.80 09/27/13 SYME, LAUREN 90.54 09/27/13 TREPANIER, TODD 270.25 09/27/13 SMITH, JEROME 204.00 09/27/13 SMITLEY, SHARON 310.82 09/27/13 SMITH, ANN 61.65 09/27/13 SMITH, CASEY 99.21 09/27/13 SCHREIER, ROSEMARIE 300.00 09/27/13 SCHREINER, MARK 29.20 09/27/13 RICHTER, DANIEL 113.40 09/27/13 ROLLERSON, TERRANCE 45.00 09/27/13 RAU, COLE 61.64 09/27/13 RESENDIZ, LORI 2,425.96 09/27/13 PROESCH, ANDY 805.45 09/27/13 RANEY, COURTNEY 942.00 09/27/13 NITZ, CARA 274.00 09/27/13 POVLITZKI, MARINA 128.25 09/27/13 MUSKAT, JULIE 167.50 09/27/13 NADEAU, TAYLOR 99.90 09/27/13 LAMSON, ELIANA 27.00 09/27/13 MCCOMAS, LEAH 225.00 09/27/13 KOZDROJ, GABRIELLA 75.00 09/27/13 LAMEYER, BRENT 54.38 09/27/13 JOHNSON, BARBARA 414.95 09/27/13 KOHLER, ROCHELLE 98.00 09/27/13 HORWATH, RONALD 2,800.97 09/27/13 HUNTLEY, NATALIE 33.75 09/27/13 HODGE, AMY 145.00 09/27/13 HOLMBERG, LADONNA 339.21 09/27/13 HASSAN, KIANA 90.95 09/27/13 HEINRICH, SHEILA 397.89 09/27/13 HAGSTROM, EMILY 57.00 09/27/13 HANSEN, HANNAH 367.51 09/27/13 GRAY, SOPHIE 21.59 09/27/13 GRUENHAGEN, LINDA 203.20 G1 Council Packet Page Number 65 of 213 9989552 9989553 9989554 9989555 9989556 9989557 9989558 9989559 9989560 9989561 9989562 9989563 09/27/13 WALES, ABIGAIL 160.36 507,968.23 09/27/13 CORCORAN, JOSHUA 178.50 09/27/13 O'BRIEN, ELIZABETH 72.50 09/27/13 RYDEL, MICHAEL 14.00 09/27/13 SMITH, CORTNEY 204.00 09/27/13 MASON, KYLE 280.50 09/27/13 O'BRIEN, PATRICIA 68.00 09/27/13 KOSTECKI, JAKOB 30.00 09/27/13 LIVELY, BRANDON 70.00 09/27/13 BOEHM, BRIAN 77.50 09/27/13 COLLOVA, MATT 112.50 09/27/13 FRANZEN, NICHOLAS 2,817.49 09/27/13 AYD, GWEN 77.50 09/27/13 BERGO, CHAD 2,768.75 09/27/13 FOWLDS, MYCHAL 3,911.11 09/27/13 PRIEM, STEVEN 2,472.89 09/27/13 WOEHRLE, MATTHEW 2,278.92 09/27/13 COUNTRYMAN, BRENDA 1,340.00 09/27/13 SWANSON, CHRIS 1,564.19 09/27/13 STEFFEN, MICHAEL 102.00 09/27/13 THOMPSON, BENJAMIN 408.00 09/27/13 PRINS, KELLY 1,800.21 09/27/13 REILLY, MICHAEL 2,054.03 09/27/13 MALONEY, SHAUNA 200.75 09/27/13 MCCLENNON, MATTHEW 228.00 G1 Council Packet Page Number 66 of 213 Check Description Amount 90826 05273 PERFORMANCES MCC SEPT 26 1,440.00 90827 05260 VIGILANT VIDEO MOBILITY LPR SYSTEM - 2 15,325.88 90828 02396 REIMB FOR MILEAGE 7/29 - 9/20 107.80 90829 00526 PROJ 09-08 HWY 36/ENGLISH PMT#11 825,207.15 90830 00687 HAZARD TREE REMOVAL & TRIMMING 4,718.16 00687 STUMP GRINDING/MISC - JUNE STORM 3,968.06 90831 02728 PROJ 11-14 PROF SRVS THRU 8/31 1,180.57 90832 01085 MONTHLY PREMIUM - OCTOBER 3,056.80 90833 01941 TROPHIES - SOCCER 902.18 01941 TROPHIES - SOCCER 269.10 01941 TROPHIES - FLAG FOOTBALL 32.76 90834 01190 ELECTRIC & GAS UTILITY 27,757.25 01190 ELECTRIC & GAS UTILITY 6,926.32 01190 ELECTRIC UTILITY 122.58 01190 ELECTRIC UTILITY 52.21 01190 ELECTRIC UTILITY 15.45 90835 01798 CONTRACT GASOLINE - SEPT 14,777.76 90836 02411 SCBA TESTING/SERVICE 1,215.00 90837 04848 MONTHLY PREMIUM - OCTOBER 280.99 90838 05095 PROJ 09-08 IRRIGATION LINE 1285 COPE 369.52 90839 01974 REFUND BLUE CROSS FOR TRANS MEDIC 392.56 90840 05234 SQUAD CAR WASHES 8/9 - 9/25 154.62 90841 00230 LIMESTONE FOR GERANIUM PARK 100.25 90842 05276 POLICE K9 KENNEL FENCING 280.00 90843 05215 FLAG FOOTBALL INSTRUCTION 160.00 90844 03619 SEWER CLEANING & TELEVISING 190.00 90845 05207 APPLICANT BACKGROUND CHECKS 60.00 90846 00472 CONSULTING FEES 9/9 - 9/20 1,175.00 90847 05064 FIRE HOSE TESTING 3,823.75 90848 05275 RECYCLING TIRES 265.00 90849 00531 BLACK DIRT GERANIUM PARK 416.82 90850 02929 LTC MONTHLY PREMIUM - OCTOBER 366.84 90851 04947 PROJ 11-15 MILLS/OVERLAYS PMT#6 199,789.73 90852 05216 REIMB FOR TUITION & BOOKS 5/9-8/15 1,501.98 90853 02995 AWAIR & RIGHT TO KNOW TRAINING 1,374.00 90854 03978 CITY RECOGNITION EVENT 1,000.00 90855 02336 FITNESS CONSULTANT SRVS 3RD QTR 1,100.00 90856 00942 JANITORIAL SERVICES - SEPT 6,578.16 00942 SANITIZE BASEMENT 1745 DULUTH ST 192.38 90857 05274 REFUND MEDICARE FOR TRANS MEDIC 350.14 05274 REFUND MEDICARE FOR TRANS MEDIC 350.14 90858 05208 EMS TRAINING 300.00 90859 00001 REFUND EVENT 360 BOND DEPOSIT 5,000.00 90860 00001 REFUND J NETICK MEMBERSHIP/BCBS 421.02 90861 00001 REFUND M SMITH TRANS MEDIC 284.72 90862 00001 REFUND W TUPPER - TREE REBATE 200.00 90863 00001 REFUND B DAHL - TREE REBATE 100.00 90864 00001 REFUND M HOWELL - TREE REBATE 100.00 90865 00001 REFUND M MEEK - TREE REBATE 100.00 90866 00001 REFUND H SCHULTE - TREE REBATE 100.00 90867 00001 REIMB J GASPAR MILEAGE/TRAINING 95.05 90868 00001 REFUND L LACOURSE - HP BENEFIT 80.00 90869 00001 REIMB B CREAGER TRAINING 43.00 10/01/2013 VISUALPRO 360 INC. 10/08/2013 SHANN FINWALL 10/08/2013 FOREST LAKE CONTRACTING INC Check Register City of Maplewood 10/03/2013 Date Vendor 09/30/2013 SONGBLAST 10/08/2013 MN LIFE INSURANCE 10/08/2013 PATRICK TROPHIES 10/08/2013 PATRICK TROPHIES 10/08/2013 HUGO'S TREE CARE INC 10/08/2013 HUGO'S TREE CARE INC 10/08/2013 KIMLEY-HORN & ASSOCIATES INC 10/08/2013 XCEL ENERGY 10/08/2013 XCEL ENERGY 10/08/2013 XCEL ENERGY 10/08/2013 PATRICK TROPHIES 10/08/2013 XCEL ENERGY 10/08/2013 XCEL ENERGY 10/08/2013 BBD INVESTMENTS, INC. 10/08/2013 BLUE CROSS REFUNDS 10/08/2013 BOLER EXPRESS CAR WASH 10/08/2013 YOCUM OIL CO. 10/08/2013 ALEX AIR APPARATUS INC 10/08/2013 AVESIS 10/08/2013 DRAIN KING INC 10/08/2013 EQUIFAX INFORMATION SERVICES 10/08/2013 MICHAEL A ERICSON 10/08/2013 BRYAN ROCK PRODUCTS, INC. 10/08/2013 DENNIS BURKE 10/08/2013 CORESTRONG FITNESS LLC 10/08/2013 GLTC PREMIUM PAYMENTS 10/08/2013 HARDRIVES, INC. 10/08/2013 ROCHELLE HAWTHORNE 10/08/2013 FIRE CATT, LLC 10/08/2013 FIRST STATE TIRE RECYCLING 10/08/2013 FRA-DOR INC. 10/08/2013 MARSDEN BLDG MAINTENANCE CO 10/08/2013 MARSDEN BLDG MAINTENANCE CO 10/08/2013 NATIONAL GOVERNMENT SRVS, INC. 10/08/2013 INTEGRATED LOSS CONTROL INC 10/08/2013 KANE'S CATERING SERVICE, INC 10/08/2013 M A TAYLOR INC 10/08/2013 ONE TIME VENDOR 10/08/2013 ONE TIME VENDOR 10/08/2013 ONE TIME VENDOR 10/08/2013 NATIONAL GOVERNMENT SRVS, INC. 10/08/2013 ANN NELSON 10/08/2013 ONE TIME VENDOR 10/08/2013 ONE TIME VENDOR 10/08/2013 ONE TIME VENDOR 10/08/2013 ONE TIME VENDOR 10/08/2013 ONE TIME VENDOR 10/08/2013 ONE TIME VENDOR 10/08/2013 ONE TIME VENDOR 10/08/2013 ONE TIME VENDOR G1 Council Packet Page Number 67 of 213 90870 00001 REFUND J SAMEC PICNIC SHELTER 25.00 90871 00001 REFUND K SINGH - BCBS BENEFIT 20.00 90872 00001 REFUND K BOOKS - HP BENEFIT 20.00 90873 04275 REIMB FOR BLDG MAINT SUPPLIES 27.83 90874 03879 EMS FEES - OCT 738.67 90875 05099 SPEAKER FOR MUSHROOM ID 75.00 90876 01823 MEMORIAL BENCH FOR HILLSIDE PARK 1,047.38 90877 04339 REIMB FOR WORKOUT SHOES 9/24 75.00 90878 01550 ELECTRICAL INSPECTIONS - SEPT 5,209.00 90879 05199 PERFORMANCES MCC OCT 12 & 13 2,000.00 90880 00529 LTD PLAN 4043120-2 - OCT 3,119.92 00529 STD PLAN 4043120-1 - OCT 2,448.31 90881 04076 EMERGENCY REPAIR SEWER 1870 RICE ST 10,989.75 90882 05260 VIGILANT VIDEO MOBILITY LPR SYSTEM - 2 19,771.88 90883 05013 CONDENSER CLEANING MCC 931.00 90884 01807 REIMB FOR MILEAGE 9/15 - 9/18 161.59 10/08/2013 ONE TIME VENDOR 10/08/2013 JIM RAINEY 10/08/2013 SANSIO 10/08/2013 ONE TIME VENDOR 10/08/2013 ONE TIME VENDOR 10/08/2013 SUMMIT INSPECTIONS 10/08/2013 SWANEE'S MUSIC INC. 10/08/2013 UNION SECURITY INSURANCE CO 10/08/2013 RONALD C. SPINOSA 10/08/2013 ST CROIX RECREATION CO INC 10/08/2013 MICHAEL STREFF 10/08/2013 YALE MECHANICAL LLC 10/08/2013 SUSAN ZWIEG 1,180,831.03 59 Checks in this report. 10/08/2013 UNION SECURITY INSURANCE CO 10/08/2013 VALLEY-RICH CO., INC. 10/08/2013 VISUALPRO 360 INC. G1 Council Packet Page Number 68 of 213 Settlement Date Payee Description Amount 9/30/2013 MN State Treasurer Drivers License/Deputy Registrar 24,202.91 9/30/2013 U.S. Treasurer Federal Payroll Tax 98,195.80 9/30/2013 P.E.R.A.P.E.R.A.87,688.83 10/1/2013 MN State Treasurer Drivers License/Deputy Registrar 31,172.13 10/1/2013 US Bank Merchant Services Credit Card Billing fee 245.53 10/1/2013 US Bank Debt Service payments 575,406.26 10/1/2013 MidAmerica - ING HRA Flex plan 7,450.02 10/1/2013 Labor Unions Union Dues 3,681.74 10/1/2013 MN State Treasurer State Payroll Tax 20,117.82 10/2/2013 MN State Treasurer Drivers License/Deputy Registrar 50,645.50 10/2/2013 Pitney Bowes Postage 15.00 10/3/2013 MN State Treasurer Drivers License/Deputy Registrar 43,735.58 10/4/2013 MN State Treasurer Drivers License/Deputy Registrar 48,156.33 10/4/2013 MN Dept of Natural Resources DNR electronic licenses 419.50 10/4/2013 Optum Health DCRP & Flex plan payments 1,670.34 992,803.29 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1 Council Packet Page Number 69 of 213 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Shann Finwall, AICP, Environmental Planner Steve Love, Assistant City Engineer DATE: October 7, 2013 SUBJECT: Approval of Summary Ordinance for the Subsurface Sewage Treatment System Ordinance Introduction The City Council adopted the Subsurface Sewage Treatment System (SSTS) ordinance on September 23, 2013. 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 SSTS ordinance contains 33 pages of text which would be costly to publish. As such, staff is recommending the City Council authorize a summary ordinance for publication. Background 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. 934 An Ordinance to the Maplewood Municipal Code Regarding Subsurface Sewage Treatment Systems On September 23, 2013, the Maplewood City Council adopted a Subsurface Sewage Treatment System (SSTS) ordinance to comply with new state rules regulating septic systems. The City’s previous SSTS ordinance was adopted in 2002. Following is a summary of the new ordinance: 1. Purpose - to establish minimum requirements for regulation of septic systems for the treatment and dispersal of sewage within the City in order to protect public health and safety, groundwater quality, and prevent or eliminate the development of public nuisances. 2. Management Plans - required for all new or replaced systems. 3. Operating Permit - required for SSTS with a pretreatment device, custom engineered design, or design flow of more than 5,000 gallons per day. 4. Compliance Inspections - required for construction of a new system; modification, upgrade, or repair of existing systems; prior to issuance of building permits for bedroom additions; expansion or change in use of the building or property being G2 Council Packet Page Number 70 of 213 served by the system that might impact performance of the system; and at time of property transfer. 5. Maintenance – maintenance inspections required every three years. 6. Abandonment – requirement that all systems no longer in use be abandoned. 7.Administration of the ordinance: a.Trained Administrator - the City is required to designate an individual at the City who is trained in the administrative requirements of the SSTS program. b.Licensed Inspector – the City shall employ or retain under contract a qualified and appropriately licensed professional to administer and operate the SSTS program. c.Maintenance Inspections – the City is will create an administrative process to ensure that property owners submit the required maintenance inspections to the City every three years. The SSTS ordinance goes into effect after publication. An official copy of the SSTS ordinance is on file in the office of the Maplewood City Clerk, 1830 County Road B East, Maplewood, or can be obtained on the city’s website at www.ci.maplewood.mn.us/septic. Questions regarding this ordinance should be directed to Steve Love, Assistant City Engineer at (651) 249-2404 or steve.love@ci.maplewood.mn.us. Budget Impact None Recommendation Adopt the above-mentioned Subsurface Sewage Treatment System ordinance summary publication. Once approved by the City Council, staff will publish the summary ordinance in the city’s official newspaper. Attachments SSTS Summary Ordinance 2 G2 Council Packet Page Number 71 of 213 City of Maplewood Ordinance No. 934 An Ordinance to the Maplewood Municipal Code Regarding Subsurface Sewage Treatment Systems On September 23, 2013, the Maplewood City Council adopted a Subsurface Sewage Treatment System (SSTS) ordinance to comply with new state rules regulating septic systems. The City’s previous SSTS ordinance was adopted in 2002. Following is a summary of the new ordinance: 1. Purpose - to establish minimum requirements for regulation of septic systems for the treatment and dispersal of sewage within the City in order to protect public health and safety, groundwater quality, and prevent or eliminate the development of public nuisances. 2.Management Plans - required for all new or replaced systems. 3.Operating Permit - required for SSTS with a pretreatment device, custom engineered design, or design flow of more than 5,000 gallons per day. 4.Compliance Inspections - required for construction of a new system; modification, upgrade, or repair of existing systems; prior to issuance of building permits for bedroom additions; expansion or change in use of the building or property being served by the system that might impact performance of the system; and at time of property transfer. 5. Maintenance – maintenance inspections required every three years. 6. Abandonment – requirement that all systems no longer in use be abandoned. 7.Administration of the ordinance: a.Trained Administrator - the City is required to designate an individual at the City who is trained in the administrative requirements of the SSTS program. b.Licensed Inspector – the City shall employ or retain under contract a qualified and appropriately licensed professional to administer and operate the SSTS program. c.Maintenance Inspections – the City is will create an administrative process to ensure that property owners submit the required maintenance inspections to the City every three years. The SSTS ordinance goes into effect after publication. An official copy of the SSTS ordinance is on file in the office of the Maplewood City Clerk, 1830 County Road B East, Maplewood, or can be obtained on the city’s website at www.ci.maplewood.mn.us/septic. Questions regarding this ordinance should be directed to Steve Love, Assistant City Engineer at (651) 249-2404 or steve.love@ci.maplewood.mn.us. G2, Attachment Council Packet Page Number 72 of 213 G3 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 7, 2013 SUBJECT: Approval of Resolution Certifying Election Judges for the November 5, 2013 General Municipal Election Introduction RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2013 General Election to be held on Tuesday, November 5, 2013. Ahrens, Fran Aikens, Meridith Allen, Jim Anderson, Nancy Anderson, Suzanne Ansari, Ahsan Arnold, Ajla Babin, Paul Bartelt, Joan Bedor, David Beggs, Regan Behr, Jeanette Belland, Jaime Berry, Robert (Bud) Bjorklund, Diane Bolden, Donita Booher, Michele Bortz, Albert Bortz, Jeanne Brandon, Ginny Brandon, Richard Bunkowske, Bernice Carle, Jeanette Carol, Thomalla Carson, Helen Combe, Edward Connelly, Thomas Conover, Florence Danielson, Nate D'Arcio, India DeBernardi, Nancy Desai, Kalpana DeZelar, Phil Dickson, Helen Jean Dittli, Albin Droeger, Diane Duellman, Audrey Dunham, Bob Eickhoff, Carolyn Ewald, Jeanne Fitzgerald, Delores Fowler, Cynthia Franzen, Nick Freer, Mary Jo Fuller, Mary Katherine Gaboury, Shirley Garvey, Terrence Gebauer, Victor Gerten, John Gierzak, Sister Clarice Golaski, Diane Gudknecht, Jamie Gustafson, Dianne Guthrie, Rosie Haddad, Joyce Hahn , Sandra Hahn , Vonna Hanson, Joan Harder, Mary Hart, Barbara Herber, Darlene Hervig, Cindy Hinnenkamp, Gary Hulet, Jeanette Hulet, Robert Jagoe, Carol Jahn, David Jensen, Robert Johannessen, Judith Johansen, Kathleen Johnson, Warren Jones, Shirley Kapfer, Deb Kipka, Judy Kirchoff, Harold Knauss, Carol Knutson, Lois Kramer, Dennis Kreger, Jason Kwapick, Jackie Lampe, Charlotte Larson, Michelle Layer, Stephanie Layer, Tom Leiter, Barbara Leonard, Claudette Liptak, Marianne Loipersbeck, Darlene Loipersbeck, Jules Mahowald, Valerie Council Packet Page Number 73 of 213 G3 Mahre, Jeri Mammenga II, Donald Manthey, John Maskrey, Thomas McCann, John McCarthy, Peggy McCauley, Judy Mechelke, Mary Lou Millette, James Moreno, Marlene Muenchow, Mike Myster, Thomas Nelson, Clare Nelson, Percy Newcomb, Mary Nichol, Jane Nichols, Miranda Nissen, Helen Norberg, Ann O'Brien, D. William (Bill) Olson, Anita Olson, Lois Parent, Dian Pedersen, Bernard Peper, Marilyn Posch, Roger Putz, Shelly Putz, Steve Renslow, Rita Rodriguez, Vincent Rudeen, Elaine Sagert, Chris Sandberg, Janet Sands, Warren Sauer, Kathleen Sawyer, Sharon Scharnott, Thomas Schluender, Cynthia Schmidt, William Schneider, Mary Ann Schramel, Betty Schramel, Jim Schultz, Louise Seitz, James Seyfer, Deborah Shores, Teresa Skaar, Delaney Skaar, Steven Skaar, Susan Spangler, Bob Stafki, Tim Steenberg, Judith Steenberg, Richard Storm, Mary Taylor, Lori Thomforde, Faith Tourville, Michael Trippler, Dale Tschida, Micki Urbanski, Carolyn Urbanski, Holly Urbanski, William Vanek, Mary Wasmundt, Gayle Wolfgram, Dorothy Yorkovich, Cindy Zian, Helen Zipko, Leroy Budget Impact The wages and benefits for the election judges have been planned for and will be funded from the 2013 elections budget. Recommendation Approval of the list of election judges is requested. Approval of this Resolution does not qualify individuals to serve as election judges. Appointments will be made from this list to fill the needed positions but not everyone on this list may be appointed. Additionally, individuals that have not completed the required election judge training and completed the paperwork required by the city will not be permitted to work unless they have met these requirements. Council Packet Page Number 74 of 213 G4 S:\Citizen Services\CITY CLERK\AGENDA REPORTS 2013\10-14-2013\Council Reports\Excel and Word Files\G4 historical society payment CONSENT.doc MEMORANDUM TO: R. Charles Ahl, City Manager FROM: Gayle Bauman, Finance Director DATE: September 24, 2013 SUBJECT: Approval of Annual Maplewood Historical Society Payment Introduction On September 11, 2001 the City Council approved a motion to include a $2,000 payment to the Maplewood Historical Society in the city’s budget each year. This year’s payment of $2,000 needs to be authorized. Budget Impact This annual payment has been incorporated in the 2013 Budget. Recommendation Council authorization is needed annually to make the $2,000 payment because it is not a required payment. Staff is asking the council to approve the payment for 2013. Council Packet Page Number 75 of 213 G5 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Mychal Fowlds, IT Director DATE: October 8, 2013 SUBJECT: Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 2 with Weber, Inc., Police Department Expansion Project – Phase 1A INTRODUCTION The City Council will consider approving the attached resolution directing the modification of the existing construction contract for the Police Department Expansion Project – Phase 1A. BACKGROUND On April 8, 2013, the Council awarded Weber, Inc. a construction contract for the build out of offices and modification of existing areas in 1902 County Road B East in the amount of $165,000. There has been one change order to the contract to date. DISCUSSION The modifications consist primarily of small changes due to items found during the demolition of existing areas along with a few small items that were not included in the initial contract. These modifications result in an increase to the overall construction contract. Miscellaneous electrical work (Addition) This item is due to some changes to locations of exterior lighting for egress purposes along with the completion of panel LP-6. The change order costs are summarized below: Change Order #2 Amount 1 Miscellaneous electrical work $ 2,456.48 Total Change Order No. 2 $ 2,456.48 BUDGET Approval of Change Order No. 2 will increase the project construction contract amount by $2,456.48 from $166,936.51 to $169,392.99. No adjustments to the approved budget are needed at this time. RECOMMENDATION Staff recommends that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, for the Police Department Expansion Project – Phase 1A. Council Packet Page Number 76 of 213 G5 ATTACHMENTS 1. Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 2. Change Order Form Council Packet Page Number 77 of 213 G5, Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT POLICE DEPARTMENT EXPANSION PROJECT - PHASE 1A, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 1A, 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 Police Department Expansion Project – Phase 1A, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 which is an increase of $2,456.48. The revised contract amount is $169,392.99. Adopted by the Maplewood City Council on this 14th day of October 2013. Council Packet Page Number 78 of 213 G5, Attachment 2 CHANGE ORDER CITY OF MAPLEWOOD PROJECT NAME: Police Department Expansion Project - Phase 1A CONTRACTOR: Derau Construction CHANGE ORDER NO.: Two (2) DATE: October 14, 2013 The following changes shall be made in the contract documents: ADD BID SCHEDULE CO #2 – CHANGE ORDER NO. 2 Item No. Item Description Amount 1 Miscellaneous electrical work $ 2,456.48 TOTAL SCHEDULE CO #2 $2,456.48 TOTAL NET CHANGE ORDER NO. 2 $2,456.48 CONTRACT STATUS: Original Contract: $165,000.00 Net Change of Prior Changes: $1,936.51 Change this Change Order: $2,456.48 Revised Contract: $169,392.99 Recommended By: SEH, Inc. By: Date: Agreed to By: Weber, Inc. By: Date: Approved By: City of Maplewood By: Date: Council Packet Page Number 79 of 213 G6 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Mychal Fowlds, IT Director DATE: October 7, 2013 SUBJECT: Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 5 with Weber, Inc., Police Department Expansion Project – Phase 2 INTRODUCTION The City Council will consider approving the attached resolution directing the modification of the existing construction contract for the Police Department Expansion Project – Phase 2. BACKGROUND On April 29, 2013, the Council awarded Weber, Inc. a construction contract for the build out of offices and modification of existing areas in 1830 County Road B East in the amount of $359,000. There have been 4 change orders to the contract to date in the amount of $14,025.63. DISCUSSION The modifications consist primarily of small adjustments due to items found during the demolition of existing areas or small changes to the scope of work. These modifications result in a decrease to the overall construction contract. Work not needed in existing office (Subtraction) The original contract listed work to be done in an existing office that was not changing. Due to the fact that the office needed no changes no work was then performed and a credit was issued. Exterior wall work & removal of window film (Subtraction) During work it was noticed that below grade wall repair was needed in one of the offices and the work was completed. Also, initially it was planned to have a privacy film installed on the interior windows of the corridor leading to the Investigations offices. After speaking with Chief Schnell it was determined that this was not needed. The net amount of this item is a credit to the project. The change order costs are summarized below: Change Order #5 Amount 1 Work not needed in existing office $ (1,452.75) 2 Exterior wall work & removal of window film $ (950.00) Total Change Order No. 5 $ (2,402.75) BUDGET Approval of Change Order No. 5 will decrease the project construction contract amount by $2,402.75 from $373,025.63 to $370,622.88. No adjustments to the approved budget are needed at this time. Council Packet Page Number 80 of 213 G6 RECOMMENDATION Staff recommends that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No. 5, for the Police Department Expansion Project – Phase 2. ATTACHMENTS 1. Resolution Directing Modification of Existing Construction Contract, Change Order No. 5 2. Change Order Form Council Packet Page Number 81 of 213 G6, Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT POLICE DEPARTMENT EXPANSION PROJECT - PHASE 2, CHANGE ORDER NO. 5 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 2, 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 Police Department Expansion Project – Phase 2, Change Order No. 5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 5 which is a decrease of $2,402.75. The revised contract amount is $370,622.88. Adopted by the Maplewood City Council on this 14th day of October 2013. Council Packet Page Number 82 of 213 G6, Attachment 2 CHANGE ORDER CITY OF MAPLEWOOD PROJECT NAME: Police Department Expansion Project - Phase 2 CONTRACTOR: Weber, Inc. CHANGE ORDER NO.: Five (5) DATE: October 14, 2013 The following changes shall be made in the contract documents: ADD BID SCHEDULE CO #5 – CHANGE ORDER NO. 5 Item No. Item Description Amount 1 Work not needed in existing office $ (1,452.75) 2 Exterior wall work & removal of window film $ (950.00) TOTAL SCHEDULE CO #5 $2,402.75 TOTAL NET CHANGE ORDER NO. 5 $2,402.75 CONTRACT STATUS: Original Contract: $359,000.00 Net Change of Prior Changes: 14,025.63 Change this Change Order: (2,402.75) Revised Contract: $370,622.88 Recommended By: SEH, Inc. By: Date: Agreed to By: Weber, Inc. By: Date: Approved By: City of Maplewood By: Date: Council Packet Page Number 83 of 213 G7 MEMORANDUM TO: Charles Ahl, City Manager FROM: DuWayne Konewko, Parks & Recreation Director DATE: October 7, 2013 SUBJECT: Approval to Amend Contract with The Conservation Fund to Extend Sale of Real Estate for Fish Creek Introduction The City of Maplewood and The Conservation Fund entered into a contract for Sale of Real Estate for the purchase of the Fish Creek Parcel on August 16, 2011. The contract expired on October 11, 2013. Both parties, The Conservation Fund and the City of Maplewood, hereby agree to extend the contract date from October 11, 2013 to December 16, 2013. Background Staff continues to work towards the successful completion of the acquisition of this parcel. Pursuant to one of the grant agreements, staff was required to conduct a Self-Contained Appraisal on six acres of the Fish Creek Parcel. In addition, staff updated the original Phase I that was conducted in 2011. Staff expects to receive these documents by the end of October. Staff is continuing to work with the City Attorney on the completion of the closing packet. Budget Impact None Recommendation Staff recommends that the City Council approve the Amendment to Contract for Sale of Real Estate and authorize the Mayor to sign the contract extension. Attachments 1. Amendment to Contract for Sale of Real Estate Council Packet Page Number 84 of 213 G7, Attachment 1 Council Packet Page Number 85 of 213 Council Packet Page Number 86 of 213 Council Packet Page Number 87 of 213 Council Packet Page Number 88 of 213 Council Packet Page Number 89 of 213 Council Packet Page Number 90 of 213 Council Packet Page Number 91 of 213 Council Packet Page Number 92 of 213 Council Packet Page Number 93 of 213 Council Packet Page Number 94 of 213 Council Packet Page Number 95 of 213 Council Packet Page Number 96 of 213 Council Packet Page Number 97 of 213 Council Packet Page Number 98 of 213 Council Packet Page Number 99 of 213 Council Packet Page Number 100 of 213 Council Packet Page Number 101 of 213 MEMORANDUM TO: R. Charles Ahl, City Manager FROM: Michael Thompson, Director of Public Works/City Engineer DATE: October 7, 2013 SUBJECT: Approval of 3M Developer Agreement, Project 12-15 Introduction The developer agreement for the 3M Research and Development Facility at 2301 McKnight Road is complete and ready for approval from the City Council. The proposed lab and office building will be located on the northeast corner of McKnight Road and Conway Avenue. The building will be five stories and have 400,000 square feet of lab and office space. Background On September 9, 2013, the City Council approved the parking waiver and site and architectural plans for a proposed lab and office building to be located at the northeast corner of McKnight Road and Conway Avenue allowing the project to proceed. A developer agreement is necessary to ensure that the conditions for approval are met. Attached is the development agreement which has been reviewed and recommended by the City Attorney. Budget Impact There are no impacts to the City’s budget for this project. Recommendation It is recommended that the City Council approve the attached Developer Agreement with 3M Company for the Research and Development Facility, as approved on September 9, 2013, and authorize the Mayor and City Manager to execute the agreement signifying City Council approval. Minor changes are authorized as approved by the City Attorney. Attachments 1. Developer Agreement a. Exhibit A: Fire Station Property Transfer b. Exhibit B: Roadway Easements c. Exhibit C: Development Special Conditions: 3M Improvements G9 Council Packet Page Number 102 of 213 Page 1 of 14 CITY OF MAPLEWOOD Ramsey County, Minnesota Development Agreement for 3M Research and Development Facility Developer Project: 12-15 THIS AGREEMENT made this _____ day of _______________, 2013, between the City of Maplewood, a Minnesota municipal corporation, acting by and through its mayor and city manager, herein called the “CITY” and 3M COMPANY, a Delaware corporation, herein called the “DEVELOPER,” whose corporate offices are located at 3M Center, Maplewood, Minnesota. IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows: 1. In consideration of the CITY accepting the 3M Research and Development Facility, herein called “IMPROVEMENTS”, the DEVELOPER shall provide all necessary improvements including but not limited to public improvements on and adjacent to Conway Avenue and McKnight Road, internal water systems, storm water management facilities, sanitary sewers, additional facility utilities, street and parking lot improvements, concrete curb and gutter, street/parking lot lighting, signing, landscaping and other improvements, all in conformance with current City standards, more specifically outlined in the Council Adopted Special Conditions (Exhibit C) and approved plans and specifications to accommodate the improvements to the G9, Attachment 1 Council Packet Page Number 103 of 213 Page 2 of 14 property at 2301 McKnight Road N., Maplewood, MN 55109 herein called the “PROPERTY.” 2. All internal IMPROVEMENTS constructed by the DEVELOPER shall be considered private utilities and/or improvements and shall be maintained by the DEVELOPER and/or its successors and assign(s). All public infrastructure to be constructed by the DEVELOPER to accommodate the private IMPROVEMENTS (such as adjustments to Conway Avenue) shall be reviewed and approved by the CITY and shall be built in conformance with current CITY standards. The DEVELOPER warrants that it is the owner of the property proposed for the construction of the private IMPROVEMENTS and maintains all rights and obligations necessary to construct the said improvements and to incur any property obligations for said identified lot. 3. The DEVELOPER agrees to execute a maintenance agreement with the CITY and Ramsey-Washington Metropolitan Watershed District (RWMWD) establishing the maintenance requirements and responsibilities for proposed stormwater best management practices such as rain water gardens/infiltration basins, underground storage structures, associated sump structures and storm sewer systems. 4. The DEVELOPER agrees to comply with the conditions and comments generated by the design review, review / approval from the City’s Commissions and Boards, and review / approval by the City Council 5. The DEVELOPER shall reimburse any costs incurred by the CITY for plan review, engineering, legal, and administrative services, associated with the IMPROVEMENTS (City Project 12-15). These services will be invoiced and shall be paid in a timely manner. A $20,000.00 cash escrow shall be established as a G9, Attachment 1 Council Packet Page Number 104 of 213 Page 3 of 14 guarantee of payment at time of official plan submittal to the Community Development Department. The CITY will utilize this amount to pay for said services. If the $20,000.00 is depleted then the CITY shall invoice the DEVELOPER directly. 6. The DEVELOPER agrees that all payments to the CITY from the DEVELOPER called for under the terms of this contract and City ordinance shall be made within 30 days of billing. Payments not made within this time period shall be obtained through the guarantees provided in this contract. 7. The DEVELOPER agrees to pay to the CITY a Park Dedication Fee (PAC) and for park improvements in the amount of $285,000.00, payment paid at time of application for building permit. It is understood and agreed that this amount shall satisfy the obligation of the developer with respect to PAC fees, and/or park improvements for the proposed IMPROVEMENTS. 8. The DEVELOPER agrees to install landscaping and trees on the project site in accordance with a Final Landscape Plan meeting City Code and approved by the CITY. 9. The DEVELOPER agrees to pay to the CITY a Sewer Availability Charge (SAC) in the amount as determined by the Metropolitan Council Environmental Services and will also include Local SAC charges as determined by the City per the set Local SAC rate. These fees shall be paid to the CITY by the DEVELOPER at the time of building permit application. 10. The DEVELOPER agrees to pay to the CITY a Water Availability Charge (WAC). This fee shall be paid at the time of building permit application and is based on the number of SAC units determined for the building. The WAC is the current WAC G9, Attachment 1 Council Packet Page Number 105 of 213 Page 4 of 14 rate/unit multiplied by the number of SAC units as determined by the Metropolitan Council Environmental Services. 11. The DEVELOPER agrees to pay to the CITY all full and reasonable building and planning permit fees for the IMPROVEMENTS including a Building Permit Review Charge consistent with the current year’s fee schedule. This fee shall be paid at the time of building permit application and based on estimated project valuation. The fee is Permit Cost + Plan Review +State Surcharge. 12. The DEVELOPER agrees to pay to the CITY a public works permit fee consistent with the current year’s rate schedule and also to establish an “erosion and sediment control” cash escrow in an amount of $5,000.00. The permit fee and escrow shall be paid and established, respectively, at the time of grading permit application. The permit fee amount will be determined at the time plans are submitted for City review. The permit which includes grading permit/ technician plan review, manhole, connection, and storm/sewer base fees. The amount of the escrow reduction will be determined after full site stabilization. 13. The DEVELOPER agrees to transfer ownership of certain properties as shown on Exhibit “A” to the City of Maplewood. a. Deeds describing the two new legal descriptions, including the required easement descriptions must be drafted and stamped by the city. Ramsey County requires this acknowledgment of approval to record the deeds. These must be recorded with Ramsey County prior to the start of construction. G9, Attachment 1 Council Packet Page Number 106 of 213 Page 5 of 14 14. The DEVELOPER agrees to dedicate all necessary public easements as determined and agreed upon during the design review process. 15. The DEVELOPER agrees to prepare and execute a quit claim deed as approved by the City Attorney, at no cost to the City, in favor of the City of Maplewood for the proposed Fire Station land parcel (Exhibit A). Building permit issuance for the 3M Building Improvements shall not commence until successful execution of quit claim deed. 16. The DEVELOPER agrees to execute easements which have already been prepared by the CITY and furnished to the DEVELOPER (Exhibit B) for public street and utility purposes to the City of Maplewood. Building permit issuance for the 3M Building Improvements shall not commence until said easement dedications. 17. The DEVELOPER agrees by signing this agreement a right-of-entry for the CITY to access the private property within area of the IMPROVEMENTS during construction of said IMPROVEMENTS to allow for inspection and review. 18. The DEVELOPER agrees to install and maintain all required erosion control practices necessary for all construction work done by the DEVELOPER, including but not limited to: silt fence, sediment ponds, floating silt curtain, inlet protection, and rock construction entrances as directed by city staff. 19. Prior to the CITY issuing building permits for the IMPROVEMENTS it is agreed that the DEVELOPER will furnish the CITY with an self renewing irrevocable letter of credit in a form to be approved by the City Attorney in the amount of $200,000.00 as a guarantee for performance. The letter of credit shall be posted prior to issuance of building permits. It is understood that funds so deposited or so committed shall G9, Attachment 1 Council Packet Page Number 107 of 213 Page 6 of 14 guarantee all costs of the work herein specified including but not limited to public and private improvements, administrative overhead, legal, engineering, and interest expense. The letter of credit must clearly indicate that it is an irrevocable letter of credit (from a financial institution approved by the City Attorney) in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of this development agreement. The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. The letter of credit shall be of a continuing duration and must have a statement indicating its automatic renewal, and with notification to the CITY a minimum of 60 days prior to its expiration. Reduction in the surety guarantee may be granted after written request by the DEVELOPER based on the cost of the completed and paid for improvements, restoration of the disturbed project areas and any outstanding service fees at the time of the requested reduction. The amount of the reduction will be determined by the city engineer according to the following milestone schedule generally described as: a. A $40,000.00 reduction is available after obtaining all necessary permits for the IMPROVEMENTS, including payments of all necessary fees and permits to the CITY. b. Additional $40,000 reduction available after successful completion of overall site grading and stabilization and completion of Public Improvements on and adjacent to public roadways. G9, Attachment 1 Council Packet Page Number 108 of 213 Page 7 of 14 c. Additional $40,000 reduction available after building footing installation is complete in addition to the installation of private utilities, including underground storage detention structure. d. Additional $40,000 reduction available after installation of the private improvements namely the final lift of bituminous pavement, concrete curb and gutter, lighting, tree replacement, landscaping, signing and monuments, fencing, sidewalks, and building façade. e. Final $40,000 reduction after all remaining Special Conditions have been met and a successful walk through inspection by the City Engineer and Building Official of all public infrastructure improvements AND private site improvements for full completion including but not limited to permanent site stabilization, final landscaping, full building completion and Certificate of Occupancy, final lift of bituminous, paying all City issued invoices, paying all subcontractors, no liens found on public or private work/improvements. 20. The DEVELOPER has entered into a Tax Incr ement Financing Agreement dated July 1, 2013 (the "TIF Agreement"), with the CITY associated with this project. 21. The TIF Agreement requires in Section 3.5 that the DEVELOPER pay for the portions of the Site Improvements (as defined in the TIF Agreement) d escribed in Section 25 of this Agreement. 22. A CITY ordinance requires that prevailing wages are required when CITY funding is provided. The DEVELOPER shall pay prevailing wages for the following Site Improvement costs: G9, Attachment 1 Council Packet Page Number 109 of 213 Page 8 of 14 Site Preparation Grading/earthwork Parking, Driveway, Curb and Sidewalk Improvements Foundations and Footings On Site Utilities Storm Water/Ponding Outdoor Lighting Steam and Chilled Water 23. Subject to an event of Force Majeure (as defined below), the DEVELOPER shall complete the private work covered by this contract by the date given in the Special Conditions of this Agreement. No deviation from the required completion date shall be permitted unless approved in writing by the CITY. After receipt of written notice from the DEVELOPER of the existence of causes over which the DEVELOPER has no control which will delay the completion of the work, the CITY, at its discretion, may extend the completion date and any financial sureties required shall be continued to cover the work during the extension of time. The DEVELOPER and CITY hereby agree that said work shall be completed by November 15, 2014. This date may be extended by mutual agreement of the DEVELOPER and the CITY. For purposes of this Agreement “force majeure” shall mean the following: an event occurring resulting in Developer being unable to perform any obligation hereunder (other than the payment of money) within the time set forth herein because of strikes, lockouts, labor troubles, inability to procure materials, riots, insurrection, war, natural disaster, or other reason of a like nature not the fault of such party and not within its control. 24. The DEVELOPER shall furnish all engineering, architectural and administrative services for the private and public IMPROVEMENTS and building projects. G9, Attachment 1 Council Packet Page Number 110 of 213 Page 9 of 14 25. The DEVELOPER agrees that its work shall be done and performed in the best and most workmanlike manner; and all materials and labor shall be in strict conformity with respect to the approved Plans and Specifications and improvement standards of the City of Maplewood, and shall be subject to the inspection and approval of the CITY or a duly authorized engineer of the CITY; and in case any material or labor supplied shall be rejected by the CITY or engineer as defective or unsuitable, then such rejected material shall be removed and replaced with approved material to the satisfaction and approval of the CITY or engineer and at the sole cost and expense of the DEVELOPER. Construction and installation of all public improvements surrounding and within the property shall be done utilizing prevailing wage labor as defined by the State of Minnesota, DOLI. 26. After completion of any work required by the DEVELOPER within public right-of-way or easements, the City Engineer or the City Engineer’s designated representative and a representative of the DEVELOPER’s engineer will make a final inspection of the work. This provision shall apply only to work within public right-of-way or easements. The City will not warrant any work conducted by the contractor or contractors hired by the DEVELOPER. 27. It is further agreed, anything to the contrary herein notwithstanding, that the City of Maplewood City Council and its agents or employees shall not be personally liable or responsible in any manner to the DEVELOPER, the DEVELOPER’s contractor or subcontractor, material suppliers, laborers or to any other person or persons whomsoever, for any claim demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the G9, Attachment 1 Council Packet Page Number 111 of 213 Page 10 of 14 performance and completion of the private work or the improvements provided herein to be completed by the DEVELOPER, which the DEVELOPER will save the CITY harmless from all such claims, demands, damages, actions or causes of action or the costs disbursements and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for CITY administrative time and labor, costs of consulting engineering services, and costs of legal services rendered in connection with the defending such claims as may be brought against the CITY. It is further agreed that the DEVELOPER shall furnish the City of Maplewood proof of insurance in the amount as required by the approval specifications covering any public liability or property damage by reason of the operation of the DEVELOPER’s equipment, laborers, and hazard caused by said improvement. 28. Breach of any terms of this agreement by the DEVELOPER shall be grounds for denial of building or occupancy permits for buildings within the 3M Campus Improvements until the DEVELOPER corrects such breach. 29. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 30. The terms and conditions of this Agreement shall be binding on the parties hereto, their respective successors and assigns and the benefits and burdens shall run with the land and may be recorded against the title to the property. G9, Attachment 1 Council Packet Page Number 112 of 213 Page 11 of 14 31. Any disputes regarding the terms and conditions of this Development Agreement or that of the Redevelopment Plan associated herewith shall be resolved through appropriate non-binding ADR means. Disputes that require or lead to litigation shall be governed under the laws of the State of Minnesota and shall be pursued in the District Court of Ramsey County. 32. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the CITY: City Manager City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the DEVELOPER: 3M Company Attn: H.W. Gjersdal, Jr. Vice President of Real Estate G9, Attachment 1 Council Packet Page Number 113 of 213 Page 12 of 14 IN WITNESS WEREOF, the CITY and DEVELOPER have caused this AGREEMENT to be duly executed on the day and year first above written. SIGNATURE 3M Company, a Delaware corporation By _______________________________ H.W. Gjersdal, Jr. Title ______________________________ STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 2013, by ______________________, the ________________________ of 3M Company, a Delaware corporation. ___________________________________ Notary Public G9, Attachment 1 Council Packet Page Number 114 of 213 Page 13 of 14 SIGNATURES CITY OF MAPLEWOOD: By: ________________________________ Its: Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of ________________________, 2013, by ______________, the Mayor of the City of Maplewood, a municipal corporation. Notary Public By: ________________________________ Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of ________________________, 2013, by __________, the City Manager of the City of Maplewood, a municipal corporation. Notary Public G9, Attachment 1 Council Packet Page Number 115 of 213 EXHIBIT A FIRE STATION PROPERTY TRANSFER G9, Attachment 1a Council Packet Page Number 116 of 213 EXHIBIT B ROADWAY EASMENTS G9, Attachment 1b Council Packet Page Number 117 of 213 EXHIBIT C Page 1 of 3 DEVELOPMENT SPECIAL CONDITIONS: 3M IMPROVEMENTS CITY OF MAPLEWOOD, MN 1. Project Information: a. Project Name: 3M Research and Development Building Campus Improvements (IMPROVEMENTS) b. Developer: 3M Company, a Delaware corporation c. Engineer: Darren Schwankl, 3M Facilities Civil Engineering / TKDA d. Contractor: Kraus Anderson Construction e. Financial Guarantee: (1) Type: Cash Escrow (Engineering/Legal) Amount: $20,000.00 (2) Type: Erosion Control Escrow (PW-13-02454) Amount: $5,000.00 (Received 8 Aug 2013 from Kraus Anderson) (3) Type: Letter of Credit or Cash Surety Amount: $ 200,000.00 Surety covering both Public and Private Improvements 2. Scope of work contemplated under the terms of this contract and covered by escrow guarantee is outlined in conditions of development approval (see attached conditions). G9, Attachment 1c Council Packet Page Number 118 of 213 EXHIBIT C Page 2 of 3 A. Approve the plans date-stamped August 12, 2013, for the proposed 3M Company Research Building. Approval is based on the findings for approval required by ordinance and subject to the developer doing the following: 1. Repeat this review in two years if the applicant has not obtained a building permit by that time. After two years this review must be repeated. 2. Comply with the requirements in the Engineering Plan Review by Michael Thompson, the Environmental Plan Review by Shann Finwall and those of the Assistant Fire Chief, Building Official and Lieutenant Doblar. 3. Submit a revised landscape plan for staff approval for additional landscaping along Conway Avenue and McKnight Road. 4. Before obtaining a building permit, the applicant shall provide an irrevocable letter of credit in the amount of 150 percent of the cost of completing landscaping and other site improvements. This irrevocable letter of credit shall include the following provisions:  The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of the developer’s agreement.  The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit.  The letter of credit shall be for a one-year duration and must have a condition indicating automatic renewal, with notification to the city a minimum of 60 days prior to its expiration. 5. All landscaped areas shall have a lawn-irrigation system installed, except for those areas proposed to be left natural. The applicant must, however, make sure to use hoses and sprinklers until turf, plant and tree growth is established. 6. If outdoor trash storage is used in the future, the applicant shall provide a screening enclosure that is compatible in design with the building. 7. Any proposed signs shall comply with the comprehensive sign plan and shall be submitted for approval by the community design review board. 8. The applicant must submit a summary of how the site is meeting the city’s volume reduction requirements in order to qualify for the 11 percent impervious surface area bonus. The bonus shall be approved by the city engineer based on the installation and maintenance of manmade facilities for reducing stormwater flow or the treatment of runoff for non-point-source water pollutants. G9, Attachment 1c Council Packet Page Number 119 of 213 EXHIBIT C Page 3 of 3 9. The applicant must submit the following information in order to determine if the site meets the city’s tree preservation ordinance: a. Tree inventory which includes all significant trees located on the site (not just the developed area) and the size and number of significant trees removed with the development. b. Planting schedule which shows the tree species, tree size, and number of each species being replaced on the site. 10. All work shall follow the approved plans. Staff may approve minor changes. 11. Submit for staff approval, the color chosen for glass wall and a site plan indicating any visitor parking, if provided. B. Approve a parking waiver to allow for 580 surface parkin g spaces. Any visitor parking spaces shall be at least 9.5 feet in width. This is a parking reduction of 1,420 parking spaces (2,000 parking spaces are required per city code). G9, Attachment 1c Council Packet Page Number 120 of 213 MEMORANDUM TO: R. Charles Ahl, City Manager FROM: Michael Thompson, Director of Public Works/City Engineer DATE: October 4, 2013 SUBJECT: Approval of Resolution to Enter Into Cooperative Agreement with MnDOT for East Metro Public Safety Training Facility, Project 09-09 Introduction The City Council should consider adopting a resolution approving a cooperative agreement with MnDOT for the East Metro Public Safety Training Facility. Background The project has been in the planning stages for several years and in 2012 was presented to and discussed with the City Council, Environmental and Natural Resources Commission, Community Design Review Board and Planning Commission. The project is located at 1881 Century Avenue North at the intersection of Trunk Highway 120 and 34th Street North (TH 5). This agreement allows the City to accept a contribution from MnDOT towards the overall project for work associated with the proposed new traffic signal at the intersection of Highway 5 and 120. Budget Impact There is no impact to the approved budget at this time. Recommendation It is recommended that the City Council approve the resolution to enter into a cooperative agreement with MnDOT as part of City Project 09-09, and direct the Mayor and City Manager to sign the agreement signifying city council approval. Minor revisions can be approved by the City Attorney. Attachments 1. Resolution 2. Cooperative Agreement G10 Council Packet Page Number 121 of 213 CITY OF MAPLEWOOD RESOLUTION IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 04443 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State’s share of the costs of the signal replacement construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 120 (Century Avenue/Geneva Avenue) at the intersection of Trunk Highway No. 5 (34th Street North) North Junction within the corporate City limits under State Project No. 6227-80. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Maplewood at an authorized meeting held on the 14th day of October, 2013, as shown by the minutes of the meeting in my possession. ___________________________________ (Signature) ___________________________________ (Type or Print Name) ___________________________________ (Title) Subscribed and sworn to before me this _______ day of ______________, 2013 Notary Public _____________________ My Commission Expires ____________ Notary Stamp G10, Attachment 1 Council Packet Page Number 122 of 213 G10, Attachment 2Council Packet Page Number 123 of 213 G10, Attachment 2Council Packet Page Number 124 of 213 G10, Attachment 2Council Packet Page Number 125 of 213 G10, Attachment 2Council Packet Page Number 126 of 213 G10, Attachment 2Council Packet Page Number 127 of 213 G10, Attachment 2Council Packet Page Number 128 of 213 G10, Attachment 2Council Packet Page Number 129 of 213 G10, Attachment 2Council Packet Page Number 130 of 213 G10, Attachment 2Council Packet Page Number 131 of 213 MEMORANDUM TO: R. Charles Ahl, City Manager FROM: Michael Thompson, City Engineer/Public Works Director DATE: October 4, 2013 SUBJECT: Approval of Maintenance Agreement with Washington County, Ramsey County, and Woodbury, Project 03-15, Century Avenue Improvements Introduction The City Council should consider approval of a maintenance agreement with Washington County, Ramsey County, and the City of Woodbury as part of the overall improvements to Century Avenue between Brookview Drive and Lake Road. Background The Counties of Ramsey and Washington, together with the Community City partners of Maplewood and Woodbury, were cost-share partners in the reconstruction of Century Avenue (CSAH 25 in Washington County/CSAH 72 in Ramsey County) and Valley Creek Road/Lower Afton Road (CSAH 16 in Washington County/CSAH 39 in Ramsey County). The Maplewood City Council ordered the preparation of a feasibility study at the April 9th, 2007, regular meeting. On June 11, 2007 the City Council accepted the feasibility report and ordered the public hearing. The project was then ordered at the June 25, 2007 council meeting after the public hearing was conducted. Approval of plans and specifications and authorizing advertisement for bids occurred at the May 12, 2008 meeting. All the improvements have since been completed. In 2002, Century Avenue, between Lower Afton Road and I-94, was turned back to Washington and Ramsey Counties. At that time it was determined by Ramsey and Washington Counties, along with Mn/DOT and the cities of Woodbury and Maplewood, that improvements were needed based on increasing traffic volumes, poor intersection operations, safety concerns, access issues, and poor pavement conditions. Improvements in Maplewood consisted of Century Avenue from Brookview Drive to Lake Road, and also Lower Afton Road from Century Avenue to one-quarter mile west. Budget Impact No budget adjustments are needed at this time. Recommendation It is recommended that the City Council approve the attached maintenance agreement with Washington County, Ramsey County, and the City of Woodbury as part of City Project 03-15, and direct the Mayor and City Manager to sign the agreement signifying city council approval. Minor revisions can be approved by the City Attorney. G11 Council Packet Page Number 132 of 213 Attachments 1. Maintenance Agreement 2. Exhibits to Maintenance Agreement G11 Council Packet Page Number 133 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 1 of 13 WASHINGTON COUNTY CONTRACT NO. DEPT. Public Works DIVISION Transportation TERM Signature - Perpetual Ramsey County PWR 2008-10 MAINTENANCE AGREEMENT FOR THAT PORTION OF CENTURY AVENUE (WASHINGTON COUNTY CSAH 25 AND RAMSEY COUNTY CSAH 72) FROM BROOKVIEW DRIVE/WOODBINE AVENUE TO LAKE ROAD LOCATED IN MAPLEWOOD AND WOODBURY AND THAT PORTION OF VALLEY CREEK ROAD/LOWER AFTON ROAD (WASHINGTON COUNTY CSAH 16 AND RAMSEY COUNTY CSAH 39) FROM CENTURY AVENUE TO WEIR DRIVE LOCATED IN WOODBURY This agreement is made and entered into by and among the County of Ramsey, a political subdivision of the State of Minnesota, hereinafter referred to as "Ramsey County", the County of Washington, a political subdivision of the State of Minnesota, herein called “Washington County”, the City of Maplewood, a municipal corporation, hereinafter referred to as “City of Maplewood”, and the City of Woodbury, a municipal corporation, hereinafter referred to as “City of Woodbury” as referenced in this agreement collectively as “Parties” and singularly as Party. WITNESSETH: WHEREAS, the State of Minnesota, Washington County, and Ramsey County have executed agreements to transfer jurisdiction of former Trunk Highway (TH) 120 (Century Avenue) from Lower Afton Road/Valley Creek Road to Brookview Drive/Woodbine Avenue in the Cities of Woodbury and Maplewood; and WHEREAS, Century Avenue (former TH 120) from Lower Afton Road/Valley Creek Road to Brookview Drive/Woodbine Avenue is designated as CSAH 72 in Ramsey County and CSAH 25 in Washington County; and WHEREAS, Washington County and Ramsey County jointly own and have jurisdiction over Century Avenue (Washington CSAH 25 and Ramsey CSAH 72) in the Cities of Woodbury and Maplewood, respectively; and WHEREAS, Washington County owns and has jurisdiction over Valley Creek Road (CSAH 16) in the City of Woodbury; and WHEREAS, Ramsey County owns and has jurisdiction over Lower Afton Road (CSAH 39) in the City of Maplewood; and G11, Attachment 1 Council Packet Page Number 134 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 2 of 13 WHEREAS, Washington County is currently maintaining Century Avenue from Brookview Drive/Woodbine Avenue to Valley Creek Road/Lower Afton Road and Valley Creek Road from Century Avenue to Weir Drive; and WHEREAS, Ramsey County is currently maintaining Century Avenue from Valley Creek Road/Lower Afton Road to Lake Road and Lower Afton Road west of Century Avenue; and WHEREAS, the Parties have joined together to cause the reconstruction of this Project, which is defined as that portion of Century Avenue from Brookview Drive/Woodbine Avenue to Lake Road and that portion of Lower Afton Road/Valley Creek Road from 1,000 feet west of Century Avenue to Weir Drive, as shown in Exhibit A, which is attached hereto and incorporated herein; and WHEREAS, Exhibit A identifies all ponds and wetlands that are included in the project and referenced in this agreement; and WHEREAS, Exhibits B-1 through B-6, which are attached hereto and incorporated herein, provides clarification of culvert, storm sewer pipe, drainage structure, and outfall maintenance responsibilities for each jurisdiction; and WHEREAS, this Agreement contemplates only routine maintenance, and any extraordinary maintenance, such as resurfacing, or reconstruction of Century Avenue shall be negotiated by two or more of the Parties in separate agreements; and WHEREAS, Ramsey County has entered into a separate cooperative agreement (PW 2008-05) with Washington County for the construction of this Project; and WHEREAS, Ramsey County has entered into a separate cooperative agreement (PW 2008-04) with Maplewood for the construction of this Project; and WHEREAS, Washington County has entered into a separate cooperative agreement (Contract #4852) with the City of Woodbury for the construction of this Project; and. WHEREAS, the Cities of Maplewood and Woodbury have entered into a separate joint powers agreement, dated May 24, 2008, for construction and cost share associated with extension of water and sanitary sewer to the Maplewood side of Century Avenue, from the Willow Lane cul-de-sac to 400 feet south; and. WHEREAS, this Agreement is entered into under the authority provided in Minnesota Statutes 162.03, 162.17, and 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: The recitals set forth in the Whereas clauses above are incorporated by reference as if fully set forth herein. G11, Attachment 1 Council Packet Page Number 135 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 3 of 13 A. Routine Roadway Maintenance 1. Washington County, as “governing lead” shall provide all routine roadway maintenance including, but not limited to snow and ice control, signing, pavement marking, and those tasks which are considered regular pavement maintenance, such as pothole patching, minor pavement repairs, minor pavement failures, minor settlements, etc., on that portion of Century Avenue between Brookview Drive/Woodbine Avenue and Valley Creek Road/Lower Afton Road. 2. Ramsey County as “governing lead” shall provide all routine roadway maintenance including, but not limited to snow and ice control, signing, pavement marking, and regular pavement maintenance, such as pothole patching, minor pavement repairs, minor pavement failures, minor settlements, etc., on that portion of Century Avenue between Valley Creek Road/Lower Afton Road and Lake Road. 3. Washington County as “governing lead” shall provide all routine roadway maintenance including, but not limited to snow and ice control, signing, pavement marking, and those tasks which are considered regular pavement maintenance such as pothole patching, minor pavement repairs, minor pavement failures, minor settlements, etc., on that portion of Valley Creek Road between Century Avenue and Weir Drive. 4. Ramsey County as “governing lead” shall provide all routine roadway maintenance including, but not limited to snow and ice control, signing, pavement marking, and those tasks considered regular pavement maintenance such as pothole patching, minor pavement repairs, minor pavement failures, minor settlements, etc., on that portion of Lower Afton Road located between Century Avenue and 1,000 feet west. B. Non Routine Roadway Maintenance 1. This Agreement only contemplates routine maintenance as outlined in Section A of this Agreement. 2. Any and all extraordinary maintenance on the roadways subject to this Agreement, such as resurfacing, major pavement failure repair, major settlement repair, major culvert or storm sewer repair or replacement, or reconstruction of the roadway shall be addressed by separately negotiated Agreements. 3. If emergency work is necessary, the governing lead as set forth in Section A. for the infrastructure shall declare work to be performed immediately upon discovery. All Parties shall provide equipment/workforce to assist the governing agency with the necessary work to repair any emergency. All associated Parties of this agreement will in “good faith” work together to remedy the situation. G11, Attachment 1 Council Packet Page Number 136 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 4 of 13 C. Bituminous Path, Bituminous Path Signing and Bituminous Path Pavement Marking 1. Upon completion of the Project, Woodbury shall own and maintain the bituminous path, with the attendant permanent path signing and path pavement marking, constructed on the east side of Century Avenue located between Lake Road and Willow Lane and Ridge Drive and Woodbine Avenue. For the purposes of this paragraph, maintenance means plowing, patching, crack sealing, pavement marking and signing maintenance, and other routine maintenance. Costs for reconstruction or an overlay of the trail would be shared according to the provisions of the Washington County Cost Participation Policy effective at the time of the reconstruction or overlay project. 2. Upon completion of the project, Woodbury shall own and maintain the existing bituminous path, with the attendant permanent path signing and path pavement marking, on the north side of that portion of Valley Creek Road located between Park Hills Court and Weir Drive. For the purposes of this paragraph, maintenance means plowing, patching, crack sealing, pavement marking and signing maintenance, and other routine maintenance. Costs for reconstruction or an overlay of the trail would be shared according to the provisions of the Washington County Cost Participation Policy effective at the time of the reconstruction or overlay project. 3. Upon completion of the Project, Woodbury shall own and maintain the bituminous path, with the attendant permanent path signing and path pavement marking, constructed on the south side of Valley Creek Road between Century Avenue and Weir Drive and on the north side of Valley Creek Road between Century Avenue and Park Hills Court. For the purposes of this paragraph, maintenance means plowing, patching, crack sealing, pavement marking and signing maintenance, and other routine maintenance. Costs for reconstruction or an overlay of the trail would be shared according to the provisions of the Washington County Cost Participation Policy effective at the time of the reconstruction or overlay project. 4. Upon completion of the Project, Ramsey County shall maintain the bituminous path, with the attendant permanent path signing and path pavement marking, constructed on the north side of that portion of Lower Afton Road located between Century Avenue and 1,000 feet west. D. Concrete Sidewalk 1. Maplewood shall own and maintain the concrete sidewalk constructed on the west side of that portion of Century Avenue located between Lower Afton Road and Brookview Drive. E. City Utilities 1. Upon completion of the project, Woodbury shall own and maintain the existing water main system and sanitary sewer system and the water main system and sanitary sewer system constructed as part of this Project, including pipes, valves, hydrants, manholes. G11, Attachment 1 Council Packet Page Number 137 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 5 of 13 2. The users of the water and sanitary sewer extended to the Maplewood side of Century Avenue, from the Willow Lane cul-de-sac to 400 feet south, will own and maintain the water and sanitary sewer services, including the services themselves and the tees and wyes from the water main and sanitary sewer lateral. 3. Woodbury shall be responsible for all costs associated with roadway repairs necessitated by repairs to its sanitary sewer system and/or water main system, including those extended to the Maplewood side of Century Avenue, from the Willow Lane cul-de-sac to 400 feet south. F. Parking and Other Traffic Control Regulations 1. Ramsey County and Washington County shall coordinate enactment of parking and other traffic control regulations for that portion of Century Avenue between Brookview Drive/Woodbine Avenue and Lake Road. 2. Ramsey County shall enact parking and other traffic control regulations for Lower Afton Road west of Century Avenue. 3. Washington County shall enact parking and other traffic control regulations for Valley Creek Road east of Century Avenue. 4. The Party that is responsible for routine roadway maintenance as outlined in Section A. of this Agreement shall bear all costs for the enactment and maintenance of parking and other traffic control regulations. G. Culverts 1. Washington County shall provide all routine culvert maintenance and inspections on that portion of Century Avenue between Brookview Drive/Woodbine Avenue and Valley Creek Road/Lower Afton Road. 2. Ramsey County shall provide all routine culvert maintenance and inspections on that portion of Century Avenue between Valley Creek Road/Lower Afton Road and Lake Road. 3. Washington County shall provide all culvert maintenance and inspections on that portion of Valley Creek Road between Century Avenue and Weir Drive. 4. Ramsey County shall provide all culvert maintenance and inspections on that portion of Lower Afton Road west of Century Avenue. 5. Exhibits B-1 through B-6, which are attached hereto and incorporated herein, provides further clarification of culvert maintenance responsibilities for each jurisdiction. The Party with the maintenance responsibility under this Provision shall bear the cost for all routine maintenance of the culverts. H. Battle Creek Culvert 1. Ramsey County and Washington County shall jointly own the culvert under Century Avenue at the Battle Creek crossing. 2. Upon completion of the project, Washington County shall provide all routine G11, Attachment 1 Council Packet Page Number 138 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 6 of 13 maintenance and inspection of the culvert at the Battle Creek crossing. All costs associated with this maintenance will be the responsibility of Washington County. 3. The Ramsey Washington Metro Watershed District shall inspect and clean the inlet structure on the east side of Century Avenue at the Battle Creek crossing. I. Storm Sewer 1. Washington County shall maintain the storm sewer mainlines, drainage structures, laterals, and outfalls located within the Ramsey County and Washington County road rights of way for the segment of Century Avenue between Brookview Drive/Woodbine Avenue and Valley Creek Road/Lower Afton Road. Laterals and drainage structures on this segment outside the road rights of way shall be owned and maintained by the City of Woodbury on the east side of Century Avenue and shall be owned and maintained by the City of Maplewood on the west side. 2. Ramsey County shall maintain the storm sewer laterals and drainage structures and the City of Maplewood will maintain the storm sewer mainlines and outfalls located within the Ramsey County and Washington County road rights of way for the segment of Century Avenue between Valley Creek Road/Lower Afton Road and Lake Road. Laterals and drainage structures on this segment outside the road rights of way shall be owned and maintained by the City of Woodbury on the east side of Century Avenue and owned and maintained by the City of Maplewood on the west side. 3. Washington County shall maintain the storm sewer mainlines, drainage structures, laterals, and outfalls located within the Washington County road rights of way for the segment of Valley Creek Road between Century Avenue and Weir Drive. Laterals and drainage structures on this segment outside the road rights of way shall be owned and maintained by the City of Woodbury. 4. Ramsey County shall maintain the storm sewer drainage structures and laterals and the City of Maplewood shall maintain the storm sewer mainline and outfalls located within the Ramsey County road rights of way for this segment of Lower Afton Road west of Century Avenue. Storm sewer mainline and drainage structures outside the road rights of way shall be owned and maintained by the City of Maplewood. 5. Exhibits B-1 through B-6, which is attached hereto and incorporated herein, provides further clarification of storm sewer maintenance responsibilities for each jurisdiction. The Party with the maintenance responsibility under this provision shall bear the cost for all maintenance of the Storm Sewer. J. Storm Water Ponds, Infiltration Basins, Replacement Wetland, and Infiltration Pipe/Trench 1. The Counties of Washington and Ramsey and the Cities of Maplewood and Woodbury support the construction of storm water treatment facilities for the purpose of treating drainage from within and adjacent to the project area. It is G11, Attachment 1 Council Packet Page Number 139 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 7 of 13 acknowledged that storm water ponds serve a watershed function and are a requirement of the Ramsey Washington Metro Watershed District permit. Maintenance and operation costs associated with watershed features constructed as part of this project will be shared by Ramsey County, Washington County, the City of Woodbury and the City of Maplewood, as set forth below in this agreement and as shown in Exhibits B-1 through B-6, which are attached hereto and incorporated herein. 2. Operations and maintenance cost shares shall be commensurate with each agency’s respective contributing watershed areas, weighted to reflect an appropriate runoff coefficient for the type of development and/or land use present. To simplify maintenance responsibilities, all Parties have agreed to exchange contributing areas to consolidate maintenance responsibilities in certain ponding areas. These contributing runoff drainage areas to ponds include Lakeridge Pond, Century Pond, Goff Pond, Golf Course Pond, and Farm pond and have been consolidated per the following: a. The City of Woodbury as “governing lead” shall operate and maintain and bear 100% of costs incurred on Lakeridge Pond, Century Pond, and Goff Pond. Maintenance of these ponds shall be in accordance with the City’s Storm Water Pollution Prevention Plan (SWPPP). b. The City of Maplewood as “governing lead” shall operate and maintain and share the costs (45% Ramsey County and 55% Maplewood) incurred on Golf Course Pond and Farm Pond. The City of Maplewood will be the lead agency for the operation and maintenance of these ponds. Maintenance of these ponds shall be in accordance with the City’s Storm Water Pollution Prevention Plan (SWPPP). 3. The Replacement Wetland adjacent to Farm Pond is in the City of Maplewood in Ramsey County. Ramsey County as “governing lead” shall maintain, and monitor the Replacement Wetland and be responsible for all costs associated with the work for the Replacement Wetland. Ramsey County will prepare all documentation and bear any costs incurred to bank excess credits in Ramsey County’s name. 4. Park Pond, Battle Creek North Pond/Infiltration Basin and Battle Creek South Pond/Infiltration Basin are in the City of Maplewood in Ramsey County. Upon completion of the project, the City of Maplewood as “governing lead” shall operate and maintain these ponds in accordance with their SWPPP. Routine maintenance and operation costs associated with those ponds will be shared by Ramsey County, the City of Maplewood, and the City of Woodbury per Table 1. The City of Woodbury shall be responsible for Washington County’s share of maintenance and operation costs, which is reflected in Table 1. Table 1 BMP Maplewood % Woodbury % Ramsey County % Park Pond 13 81 6 G11, Attachment 1 Council Packet Page Number 140 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 8 of 13 Battle Creek Basin South 26 44 30 Battle Creek Basin North 1 82 17 5. The City of Maplewood shall program the routine pond maintenance in their CIP. Prior to performing the routine pond maintenance, Maplewood shall notify Woodbury and Ramsey County of the estimated date (minimum 2 year advance notice) and cost to perform the necessary maintenance on the ponds so they can be budgeted in advance. The 2 year notice shall be waived if non-routine maintenance is required and time is of the essence as outlined in Section J.6. These costs shall include all costs including but not limited to labor, equipment, material, and traffic control. 6. If emergency work is necessary, the governing lead as set forth in this Section J. for the infrastructure shall declare work to be performed immediately upon discovery. All Parties shall provide equipment/workforce to assist the governing agency with the necessary work to repair any emergency. All associated Parties of this agreement will in “good faith” work together to remedy the situation. 7. Park Hills Pond and the Infiltration Pipe/Trench are in the City of Woodbury, Washington County. a. The City of Woodbury shall own, operate, and maintain Park Hills Pond after construction in accordance with their SWPPP and shall bear all costs for maintenance. b. Washington County shall own, operate, and maintain the Infiltration Pipe/Trench after construction in accordance with their SWPPP and shall bear all costs for maintenance. K. Other Agreements 1. Ramsey County, Washington County, City of Maplewood, and City of Woodbury will enter into separate agreements for maintenance of the traffic signal systems at Century Avenue/Lake Road (Ramsey County PW 2008-11), Century Avenue/Valley Creek Road/Lower Afton Road (Ramsey County PW 2008-12), and Century Avenue/Upper Afton Road (Ramsey County PW 2008- 13). L. Workers Compensation 1. It is hereby agreed and understood that all employees of a Party used in performance of the duties under this Agreement shall be and remain employees of the Party and the sole responsibility of the employing Party. Furthermore, any and all claims that may arise under the Workers Compensation Act on behalf of an employee shall be the obligation or responsibility of the employing Party. M. Indemnification 1. Washington County agrees that it will defend, indemnify and hold harmless Ramsey County, the City of Woodbury, and the City of Maplewood against any G11, Attachment 1 Council Packet Page Number 141 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 9 of 13 and all liability, loss, damages, costs and expenses which any one or all of them may hereafter sustain, incur or be required to pay by reason of any negligent act by Washington County, its agents, officers or employees during the performance of this agreement. 2. Ramsey County agrees that it will defend, indemnify and hold harmless Washington County, the City of Woodbury, and the City of Maplewood against any and all liability, loss, damages, costs and expenses which any one or all of them may hereafter sustain, incur or be required to pay by reason of any negligent act by Ramsey County, its agents, officers or employees during the performance of this agreement. 3. The City of Woodbury agrees that it will defend, indemnify and hold harmless Washington County, Ramsey County, and the City of Maplewood against any and all liability, loss, damages, costs and expenses which any one or all of them may hereafter sustain, incur or be required to pay by reason of any negligent act by the City of Woodbury, its agents, officers or employees during the performance of this agreement. 4. The City of Maplewood agrees that it will defend, indemnify and hold harmless Washington County, Ramsey County, and the City of Woodbury against any and all liability, loss, damages, costs and expenses which any one or all of them may hereafter sustain, incur or be required to pay by reason of any negligent act by the City of Maplewood, its agents, officers or employees during the performance of this agreement. 5. The Parties hereby acknowledge that each Party is not liable for the acts or omissions of any other Party or Parties to this agreement. The Parties further acknowledge that for purposes of determining total liability for damages, the provisions of Minnesota Statutes Section 471.59 subd.1a. is applicable to this Agreement. N. Term of Agreement 1. This Agreement shall remain in full force and effect until terminated by mutual agreement of all Parties. O. Agreement No. 1280 1. Upon execution and approval by Washington County, Ramsey County, Maplewood, and Woodbury, and completion of the construction work provided herein, this agreement shall supersede and terminate the operation and maintenance terms of Washington County Agreement No. 1280. R:\202503\Agreements\Maintenance Agreement\FINAL Maintenance Agr - Century Valley Creek 11-10-09.doc G11, Attachment 1 Council Packet Page Number 142 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 10 of 13 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY By Myra Peterson, Chair Board of County Commissioners Date By James R. Schug County Administrator Date Approved as to form: Assistant County Attorney Date Recommended for approval: Donald J. Theisen, P.E. Date Director of Public Works Director/County Engineer G11, Attachment 1 Council Packet Page Number 143 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 11 of 13 RAMSEY COUNTY By Chair, Board of County Commissioners Attest Chief Clerk-County Board Date Approved as to form: Assistant County Attorney Date Recommended for approval: Kenneth G. Haider, P.E. Date Public Works Director and County Engineer G11, Attachment 1 Council Packet Page Number 144 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 12 of 13 CITY OF MAPLEWOOD By Mayor Date By City Manager Date Approved as to form: City Attorney Date Recommended for approval: Maplewood Date Director of Public Works G11, Attachment 1 Council Packet Page Number 145 of 213 Maintenance Agreement CSAH 25/72 and CSAH 16/39 Page 13 of 13 CITY OF WOODBURY By Mayor Date By City Administrator Date Approved as to form: City Attorney Date Recommended for approval: Woodbury Date Engineering and Public Works Director G11, Attachment 1 Council Packet Page Number 146 of 213 G11, Attachment 2Council Packet Page Number 147 of 213 G11, Attachment 2Council Packet Page Number 148 of 213 G11, Attachment 2Council Packet Page Number 149 of 213 G11, Attachment 2Council Packet Page Number 150 of 213 G11, Attachment 2Council Packet Page Number 151 of 213 G11, Attachment 2Council Packet Page Number 152 of 213 G11, Attachment 2Council Packet Page Number 153 of 213 MEMORANDUM TO: R. Charles Ahl, City Manager FROM: Michael Thompson, Director of Public Works/City Engineer Scott Schultz, Fleet Superintendent DATE: October 1, 2013 SUBJECT: Approval of Purchase of Fleet Maintenance Parallelogram Lift Introduction The 2014 capital outlay budget includes funding for the replacement of the parallelogram lift in the fleet maintenance shop. Council approval is needed to move forward with this purchase. Background The current 1994 lift is in need of replacement. This lift is used daily for maintenance of trucks 1- ton or larger and equipment including, but not limited to: dump trucks, fire trucks, ambulances, plow trucks, and loaders. This lift has been in service for 20 years and is severely worn. The increased wear has made it difficult to pass its annual lift inspections. Keeping this lift in operation beyond the year 2014 will not be possible as it will not pass its next inspection, making it illegal and unsafe to operate. The new lift is a considerable upgrade compared to the old. It will have nearly twice the lifting capacity, and be installed at floor level allowing us the capability to lift existing and new larger equipment that we are unable to lift now. Budget Impact The 2014 capital improvement plan identifies $100,000.00 under CIP PW 11.030 for the replacement of the unit described above. In order for an early 2014 installation the lift needs to be ordered in October of 2013 so staff is requesting a purchase order be issued by October 17th, 2013. The city will take delivery of the lift sometime after January 1st, 2014. The lift will be purchased under MN State Contract pricing. Following are the costs including installation, sales tax, and training: Stertil koni SKY 250 Lift $130,941.00 Total cost $130,941.00 This is $30,000.00 above the estimated expenditure identified in the Fleet Management fund. The account has sufficient funds to cover this purchase however this overage will be offset by reduced expenditures moving forward in the fund. G12 Council Packet Page Number 154 of 213 Recommendation It is recommended that the city council give approval to enter into a contract with the following vendor for this purchase under MN State Contract in the amount of $130,941.00: Benco Equipment Stertil Koni SKY 250 Lift MN State Contract #438688 Attachments 1. Quote/Specs from Benco Equipment 2. Stertil Koni SkyLIft letter G12 Council Packet Page Number 155 of 213 G12, Attachment 1 Council Packet Page Number 156 of 213 G12, Attachment 1 Council Packet Page Number 157 of 213 G12, Attachment 2 Council Packet Page Number 158 of 213 MEMORANDUM TO: R. Charles Ahl, City Manager FROM: Michael Thompson, Director of Public Works/City Engineer DATE: October 1, 2013 SUBJECT: Approval of Purchase of Single Axle Plow Truck Introduction The 2014 capital outlay budget includes funding for the replacement of one Single Axle plow truck. Council approval is needed to move forward with this purchase. Background The current 1995 truck is in need of replacement. This unit has high mileage and repair costs are greatly increasing. It is no longer cost effective to repair and its reliability is questionable. This unit’s primary use is for winter snow and ice control which is a critical and main function of public works service delivery. The new truck will be equipped with new and improved plow equipment and a pre-wetting system to help reduce salt use (more efficient). Budget Impact The 2014 capital improvement plan has $190,000.00 budgeted under CIP PW 06.070 for the replacement of the unit described above. Due to increasing truck and equipment pricing in 2014 staff is requesting the purchase of a demo unit at 2013 price levels. Purchasing the demo unit will allow us to obtain the truck and equipment needed for our operations, yet keep us within our 2014 CIP budget. This truck will be purchased under MN State Contract pricing. Following are the costs for the replacements including trade in of the old unit ($14,000.00), sales tax, training and delivery: Mack GU712 Single Axle Chassis $93,646.27 Trade in of old unit ($14,000.00) Sales tax $5,475.68 Towmaster Dump body, Plow and equipment $98,874.29 Total cost $183,996.24 This is $6,003.76 below the estimated expenditure identified in the Fleet Management fund. G13 Council Packet Page Number 159 of 213 Recommendation It is recommended that the city council give approval to enter into contracts with the following vendors for these purchases under MN State Contracts in an amount of $183,996.24: Nuss Truck & Equipment 2013 Mack GU712 chassis MN State Contract # 61010 Towmaster Truck Equipment 2013 Dump Body, Plow and Equip. MN State Contract # 61353 Attachments 1. Quote/Specs from Nuss Truck and Equipment 2. Quote/Specs from Towmaster Truck Equipment G13 Council Packet Page Number 160 of 213 G13, Attachment 1 Council Packet Page Number 161 of 213 G13, Attachment 1 Council Packet Page Number 162 of 213 G13, Attachment 1 Council Packet Page Number 163 of 213 G13, Attachment 2 Council Packet Page Number 164 of 213 G13, Attachment 2 Council Packet Page Number 165 of 213 G13, Attachment 2 Council Packet Page Number 166 of 213 G13, Attachment 2 Council Packet Page Number 167 of 213 G14 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Karen Guilfoile, Citizen Services DATE: October 8, 2013 SUBJECT: Approval of Consulting Contract for Marketing and Advertising Introduction The City uses numerous venues to communicate with our constituents and is in a contractual agreement with Carey Communications (Heidi Carey) to assist us with our Marketing and Advertising projects. Background One of our main communication tools is the Maplewood Monthly which is mailed to every household and business within our community. The Monthly includes current events, neighborhood projects, seasonal reminders, etc. and is one of our most visual tools to keep residents informed. Along with twelve issues of the Maplewood Monthly annually, Ms. Carey assists with the following annual projects: • Four issues of the Seasons newsletter; and • Conducting interviews and writing articles for the Maplewood Monthly as directed • City Event Assistance,( including, but not limited to, securing sponsors, working with vendors and designing ads) ; and • Design City PSA Clear Channel Billboard ads; and • Securing ads for publications with a required minimum of $3600.00 each quarter in ads for the Maplewood Monthly, • Additional projects as required or requested. E.g. Miscellaneous brochures, banners, posters, etc. These projects will be submitted to the City Manager or the Citizen Services Director for approval and then forwarded to the Consultant. • Assisting the Citizen Services Director with the new annual publication of the Residents Guide which will be an insert into the Maplewood Monthly. Ms. Carey is compensated an annual flat fee of $48,000 for the above on a pro-rata basis of $4,000 per month contingent upon securing a minimum of $3,600 in advertising sales each quarter. In the event that Ms. Carey does not meet the sales criteria in any given quarter then the payment for the next month would be reduced on a dollar for dollar basis for each dollar under the minimum for the quarter. Additionally, if Ms. Carey secures over $4,500 of advertising revenue in a quarter, the City shall pay her an additional commission on those sales as follows: Additional Ad Revenue per Quarter: First $100 - $498 over $4,500 20% Commission Percentage Council Packet Page Number 168 of 213 G14 Next $499 - $1,500 over $4,500 25% Next $1,501 over $4,500 30% The complete contract is attached for your review. Budget Impact The Contract is budgeted for in the 2013 and 2014 budgets and the revenues are monitored quarterly. Recommendation It is recommended that the council approve the Consulting Contract for Marketing and Advertising with Carey Communications through December 2014 and authorizes the City Manager and Director of Citizens Services to sign the same. Attachments 1. Independent Contractor Consulting Contract Council Packet Page Number 169 of 213 G14, Attachment 1 CITY OF MAPLEWOOD INDEPENDENT CONTRACTOR CONSULTING CONTRACT This agreement is entered into on August 1, 2013 by and between the City of the Maplewood (hereinafter "City" or "Employer" and/or "we" or "us" or "our") and Heidi Carey (hereinafter "Consultant" and/or "you" or "your"). This agreement sets forth all terms and conditions concerning the contract appointment of Heidi Carey to the position of Marketing and Advertising Consultant. This contract shall begin on August 1, 2013 and continue on a weekly basis at the discretion of the City and Consultant, terminating on December 31, 2014, unless terminated earlier by the City of Maplewood or by the Consultant pursuant to this Agreement. The contract will terminate automatically on the termination date unless the appointment is extended in writing prior to the termination date. If the contract· is extended, it will terminate automatically upon the new expiration date, unless terminated earlier pursuant to this Agreement. A. TERM OF APPOINTMENT Consultant shall consult with the City Manager and Citizens Services Director in the performance of all their duties with regard to marketing and advertising for the City of Maplewood. The Consultant's duties and responsibilities shall be conducted in accordance with this Agreement and in accordance with all applicable laws and the City's policies, procedures, and rules as established by management. The Consultant agrees that she will be performing all the duties set forth in this job description as an independent contractor and assumes all responsibility for payment of any and all employment taxes arising out of the City's payments to Consultant hereunder. Consultant shall furnish her own equipment and home office and determine her own schedule with regards to completing the deliverables. City will provide access to City servers to allow Consultant to email out newsletters. Consultant hereby indemnifies the City of Maplewood for any employment taxes arising out of the City's payments to Consultant hereunder. B. DUTIES AND RESPONSIBILITIES Council Packet Page Number 170 of 213 G14, Attachment 1 Page 2 Consultant Contract – Heidi Carey August 1, 2013 C. DELIVERABLES AND COMPENSATION Consultant shall deliver the following work (hereafter "Work" or "Deliverables") in a timely efficient and professional manner: Deliverables • Twelve issues of the Maplewood Monthly; and • Four issues of the Seasons newsletter (4 pages each); and • Conducting interviews and writing articles for the Maplewood Monthly as directed • City Event Assistance,( including, but not limited to, securing sponsors, working with vendors and designing ads) ; and • Design City PSA Clear Channel Billboard ads; and • Securing ads for publications (Maplewood Monthly and Recreation Booklets) with a required minimum of $3600.00 each quarter in ads for the Maplewood Monthly, • Additional projects as required or requested. E.g. Miscellaneous brochures, banners, posters, etc. These projects will be submitted to the City Manager or the Citizen Services Director for approval and then forwarded to the Consultant. • Assisting the Citizen Services Director with the new annual publication of the Residents Guide which will be an insert into the Maplewood Monthly. Each of the above-stated publication deliverables includes two (2) proofs to City staff, delivery to the printer, and any final editing for the printer and printer proof. Maplewood Monthly page numbers shall be as determined by Karen Guilfoile. Consultant shall also deliver an annual schedule that lists when articles are due, when each council member is to write their articles, and how many pages are included for each issue. Consultant shall send the Citizen Services Director and/or his or her designee, monthly advertising invoices that will be billed to each advertiser and the invoice for such advertising shall come directly from the City (in the same manner as they are currently sent). Consultant shall also email a copy of each publication to each of the advertisers to prove that their ads ran in the publication. The City reserves the right to decrease these stated deliverables upon 30 day written notice to Consultant, and any such reduction shall result in a pro rata reduction in compensation to Consultant upon implementation of such reduction. Council Packet Page Number 171 of 213 G14, Attachment 1 Page 3 Consultant Contract – Heidi Carey August 1, 2013 The City will pay Consultant an annual flat fee of Forty Eight Thousand Dollars ($48,000.00) for the above deliverables on a pro-rata basis of Four Thousand Dollars ($4,000.00) per month. Such payments shall be paid on the first day of each month following completion of the pro rata deliverables for the previous month. Such payment is not only contingent upon maintaining completion of the deliverables on a pro-rata basis each month; it is also contingent upon meeting the $3600.00 minimum advertising requirement each· quarter. If Consultant fails to meet these deliverable requirements (except for the advertising minimum) in any given quarter, then the payment for the next month shall be .reduced by pro-rata amount for the deliverables not completed. If the Consultant fails to meet the advertising minimum of $3600.00 per quarter, then the payment for the next month shall be reduced on a dollar for dollar basis for each dollar under the minimum for the quarter. Additionally, if Consultant brings in over $4500.00 of advertising revenue in a quarter, the City shall pay Consultant an additional commission on such sales as follows: Compensation Additional Ad Revenue per Quarter: First $100 - $498 over $4,500 20% Commission Percentage Next $499 - $1,500 over $4,500 25% Next $1,501 over $4,500 30% Additionally, Consultant shall be available to perform “Additional Work’ at an hourly rate of $65.00 per hour. Such “Additional Work” must be authorized in writing, in advance, by either the Assistant City Manager, the citizens Services Director or the Parks and Recreation Director. Optional projects that may qualify for such “Additional Work’ include Media Blasts, Media Placement, Marketing Plans, Press Releases, Sponsorship Sales for MCC, Recreation Events, marketing Campaigns and other design projects for programs and/or events. Additional Work As an independent contractor, the Consultant will not receive overtime compensation or compensatory time off or additional compensation beyond the established pay for the position pursuant to the agreement. Council Packet Page Number 172 of 213 G14, Attachment 1 Page 4 Consultant Contract – Heidi Carey August 1, 2013 Consultant agrees that with regard to all Work completed pursuant to this Agreement, i.e. marketing services, editorial services, design services, etc.: D. WORK FOR HIRE 1. To deliver to us no later than the end of each month, the pro rata Work to be performed that month, or to meet whatever other deadline has been determined for other specific Work, (i.e. Additional Work) in a manner and form satisfactory to us. 2. Upon acceptance of the Work, we agree to pay you Four Thousand Dollars per month and/or other payments of Sixty Five Dollars per hour for Additional Work for all rights in the Work. You will not receive any further payment from us. 3. You expressly acknowledge that the material contributed by you hereunder, and your services hereunder, are being specially ordered and commissioned by us for use in connection with marketing, advertising and publishing for the City of Maplewood. The Work contributed by you hereunder shall be considered a "work made for hire" as defined by the copyright laws of the United States. We shall be the sole and exclusive owner and copyright proprietor of all rights and title in and to the results and proceeds of your services hereunder in whatever stage of completion. If for any reason the results and proceeds of your services hereunder are determined at any time not to be a "work made for hire", you hereby irrevocably transfer and assign to us all right, title and interest therein, including all copyrights, as well as all renewals and extensions thereto. 4. You agree that we may make any changes or additions to the Work prepared by you, which we, in our sole discretion, may consider necessary, and may engage others to do any or all of the foregoing, with or without attribution to you. You further agree to waive any so-called moral rights in the Work. 5. You represent that, except with respect to material furnished to you by us, you are the sole author of the Work and all of your services are original and not copied in whole or in part from any other work; that your Work is not libelous or obscene, or knowingly violates the right of privacy or publicity, or any other rights of any person, firm or entity. Council Packet Page Number 173 of 213 G14, Attachment 1 Page 5 Consultant Contract – Heidi Carey August 1, 2013 If either party fails at any time to meet any deadlines required herein, or otherwise fails to meet the professional standards required, or otherwise by their actions or inactions provides just cause to terminate this Agreement, then the non-breaching party shall provide the breaching party with written notice of such breach and the breaching party shall have thirty (30) days from receipt of such notice to cure said breach to the satisfaction of the non-breaching party. Any failure to cure said breach upon expiration of the 30 day cure period shall be grounds for immediate termination of the Agreement upon written notice of termination for failure to cure. Notice, if to the City shall be delivered to: E. BREACH City of Maplewood Attention: Karen Guilfoile, Director Citizen Services 1830 County Road B East Maplewood, MN 55109 Fax (651) 249-2059 Email: karen.guilfoile@ci.maplewood.mn.us And if to Consultant shall be delivered to: Heidi Carey 10599 108th Avenue N.E. Hanover, Minnesota 55341 All written notices to be delivered by mail, shall be delivered by Certified U.S. Mail, Return receipt requested, and shall be deemed delivered three (3) business days after the date the notice was sent. Email and facsimiles shall be deemed delivered the next business day after they are sent. Neither party shall be liable for any failure or delay in performance under this Agreement, to the extent such delay or failure is proximately caused by conditions beyond its control, including, but F. FORCE MAJEURE Council Packet Page Number 174 of 213 G14, Attachment 1 Page 6 Consultant Contract – Heidi Carey August 1, 2013 not limited to, war, strikes, floods, tornados or other natural disasters or Acts of God or any other cause beyond the reasonable control of the affected party. This contract constitutes the entire agreement between the parties and supersedes any other agreement either oral or written. The terms of this agreement may be modified only by subsequent written agreement signed by both parties. In the event that any part of this agreement is declared or rendered invalid by court decision or statute, the remaining provisions of the agreement shall remain in full force and effect. Minnesota law shall govern the interpretation and construction of this agreement. G. GENERAL PROVISIONS CONSULTANT SIGNATURE: _______________________________ Date: __________________ Heidi Carey SIGNATURES FOR THE CITY OF MAPLEWOOD: ________________________________ Date: ____________________ City Manager ________________________________ Date: ____________________ City Clerk Council Packet Page Number 175 of 213 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 176 of 213 H1 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: October 9, 2013 SUBJECT: Approval of Second Reading Amending the Ordinance Regulating Off-Sale Intoxicating Liquor Licenses Distance Requirements and Lifting the Moratorium on New Off-Sale Licenses Introduction The first reading of an ordinance amending Chapter 6 of the City Code that relates to Alcoholic Beverages was approved on September 23, 2013. This revision requires a distance of 2,640 feet or one-half mile between off-sale intoxicating licensed premises. The revision further clarifies that the distance between premises be measured from main entrance to main entrance and current license holders be exempt from the 2,640 foot requirement until that time that the licensed establishment is sold for a purpose other than an off-sale liquor store. The code revision follows: Sec. 6-169 Ineligibility of certain premises. No off-sale license shall be issued under this division for premises located 2,640 feet from an existing off-sale premise. Licensed premises that fall within 2,640 feet of each other before October 25, 2013, shall be exempt from the 2,640 foot requirement until that time that the licensed establishment is sold for a purpose other than an off-sale liquor store. The distance between premises shall be measured from main entrance to main entrance. This issue was initially discussed in January 2013. Staff was directed to research other cities in the metro area to see what distance requirements they may have. At that time a moratorium was placed on new establishments until the ordinance was revised. Budget Impact None Recommendation Approve second reading of Sec. 6-169 that governs the distance requirements between existing and new off-sale intoxicating licensed premises from 1,000 feet to 2,640 feet measuring the distance from main entrance to main entrance and lift the current moratorium on the issuance of new off-sale intoxicating licensed premises. Council Packet Page Number 177 of 213 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 178 of 213 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: October 7, 2013 SUBJECT: Approval of Purchase of Carts Through the Recycling Contract Introduction During the September 23, 2013, City Council meeting, Councilmember Cardinal requested that staff bring the recycling cart issue back to the Council for review during the October 14 City Council meeting. This memorandum will give the City Council a brief history of the City’s recycling contract and recycling cart issues. Background July 22, 2013 (City Council Workshop): Staff updated the City Council on Maplewood’s residential recycling contract. The recycling contract with Tennis Sanitation, LLC, was set to expire on December 31, 2013. Under the contract Tennis charges the City $1.75 per unit per month for recycling collection. Staff had negotiated three contract extension scenarios including the use of the City’s existing recycling bins, contractor-supplied recycling carts, and City- supplied recycling carts as follows: 1. Use of Existing Recycling Bins - Tennis proposed no increase to recycling rates for two years with the continued use of City-supplied recycling bins. The rate would remain at $1.75 per household per month for the first two years of a contract extension (2014 and 2015) and $2.00 per household per month for two additional extensions (2016 and 2017). 2. Contractor-Supplied Recycling Carts - Tennis proposed to supply recycling carts for Maplewood residential properties with at least a four-year contract. Cost of the contract would be $2.50 per household per month for the first two years of the contract (2014 and 2015) and $2.75 per household per month for two additional years (2016 and 2017). 3. City-Supplied Recycling Carts - If the City purchases recycling carts, Tennis proposes no increase to recycling rates, remaining at $1.75 per household per month for a two-year extension (2014 and 2015) with the possibility of two additional one-year extensions. Purchase of carts is estimated to cost $553,000 (including taxes and distribution). To cover the cost of the carts the City would need to charge a fee to residents estimated at $.75 per household per month. Additionally, the City will capture 70 percent of the revenue earned for any increases in tonnage of materials collected with the use of recycling carts over tonnage collected that month in 2012 with the use of recycling bins. During the workshop, the City Council expressed support for the conversion of the recycling program to the collection of recyclables with carts rather than bins. However, there was not a consensus on which cart scenario to choose - contractor-supplied or City-purchased carts. Because the recycling contract was set to expire at the end of the year, the City Council directed I1 Council Packet Page Number 179 of 213 staff to finalize the contract with language that would allow for the switch to carts in the future (either contractor-supplied or City-purchased carts). August 26, 2013 (City Council Meeting): The City Council approved of a grant submittal in the amount of $100,000 for the Ramsey County Public Entity Innovation Grant (PEIG) project for recycling carts. The project provides financial assistance to cities for the purpose of creating and implementing innovative programs to increase source reduction and residential recycling efforts. Funding is intended to initiate and defray initial capital, start up, and education and promotional costs for implementation of activities. September 6, 2013 (PEIG Submittal): City staff submitted a Public Entity Innovation Grant to Ramsey County for $100,000 for recycling carts. September 9, 2013 (City Council Meeting): The City Council approved a contract extension with Tennis Sanitation, LLC, for City-wide residential recycling. The Contract extends recycling services for two more years (2014 and 2015) beginning January 1, 2014. Under the contract recyclables will continue to be collected curbside in the City’s existing recycling bins, with language in the contract which will allow the City to convert to recycling carts (either contractor- supplied or City-supplied) at any time during the term of the contract. October 4, 2013 (Grant Award): Ramsey County staff notified the City of Maplewood that they have completed their review of the City’s grant proposal for the purchase of recycling carts, and is recommending funding in the amount of $100,000. The grant award is subject to Ramsey County Manager approval, which could take 6 to 12 weeks to finalize. Budget Impact No budget impacts are expected under the recycling contract approved by the City Council on September 9. The two-year contract includes the use of the City’s existing recycling bins with pricing remaining at $1.75 per household per month for the term of the contract. Recommendation Staff recommends tabling the purchase of carts through the recycling contract for 6 weeks (until the November 25, 2013, City Council meeting). Tabling this item until the November 25 meeting will allow time for the Ramsey County Manager review process and drafting of the final grant agreement which will outline specifics of how the grant monies can be used. 2 I1 Council Packet Page Number 180 of 213 I2 MEMORANDUM TO: Charles Ahl, City Manager FROM: Melinda Coleman, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: October 8, 2013 SUBJECT: Approval of 2014 Charitable Gambling Awards Introduction Each year the Maplewood City Council solicits requests for charitable gambling funds. Every year the requests for funds have exceeded the available funds. That is the case this year. The city received 25 applications with $98,956.50 in requests. Background The City Council reviewed the applications on September 23rd. Upon reviewing the applications, the Council submitted votes for award amount to staff to be tallied. Staff has tallied the votes and is provided suggested award amounts for the Council to consider. Any request that received four or more votes for $0 in awarded funds is removed from consideration. Budget Impact The amount of funds available in the 2014 budget is $32,000. Recommendation Staff recommends that the City Council review and approve the suggested award amounts below. Organization Amount Requested Proposed Award American Red Cross - TC Area Chapter $2,000.00 $0* Boy Scout Troop 461 $1,000.00 $630 Boy Scout Troup 197 $2,000.00 $1,080 CHILD Inc $200.00 $80 Dispute Resolution Center $2,000.00 $940 District 622 Education Foundation $2,500.00 $1,310 District 622 Fusion Drumline $2,700.00 $0* Gethsemane Lutheran School $10,000.00 $830 Hmong American Education Fund $4,490.00 $1,600 Maple Tree Monastery Childcare Center $762.50 $0* Council Packet Page Number 181 of 213 I2 Organization Amount Requested Proposed Award Maplewood Area Historical Society $19,547.00 $7,889 Maplewood Fire Fighters Flower Fund $900.00 $250 Maplewood Monarchs S.O. Team $3,000.00 $1,400 Maplewood Police Explorers $5,000.00 $2,420 Maplewood Police Reserves $5,000.00 $2,660 Maplewood Youth Scholarship Fund $3,500.00 $1,780 Ramsey County Fair $3,500.00 $2,360 Second Chance Animal Rescue $800.00 $160 Simon Youth Foundation - Maplewood Mall $300.00 $50 St. Jerome's Catholic School $3,457.00 $580 St. Mary's Health Clinics $15,000.00 $3,000 The Salvation Army $3,000.00 $680 Tubman Family Alliance $1,500.00 $350 Webster Elementary School $3,800.00 $580 White Bear Area YMCA $3,000.00 $1,310 Fund Reserves $61 TOTAL AMOUNT OF REQUESTS $98,957 $32,000 Attachments 1. 2014 Completed Voting Spreadsheet Council Packet Page Number 182 of 213 Organization Amount Requested WR KJ RC MK BC Proposed Award American Red Cross - TC Area Chapter $2,000.00 $0 $0 $0 $0 $400 $0* Boy Scout Troop 461 $1,000.00 $500 $300 $1,000 $1,000 $350 $630 Boy Scout Troup 197 $2,000.00 $1,000 $500 $1,000 $2,000 $900 $1,080 CHILD Inc $200.00 $0 $0 $200 $0 $200 $80 Dispute Resolution Center $2,000.00 $1,000 $1,800 $1,000 $0 $900 $940 District 622 Education Foundation $2,500.00 $1,000 $1,800 $0 $2,500 $1,250 $1,310 District 622 Fusion Drumline $2,700.00 $0 $0 $0 $0 $1,000 $0* Gethsemane Lutheran School $10,000.00 $0 $900 $1,000 $0 $2,250 $830 Hmong American Education Fund $4,490.00 $1,000 $500 $3,000 $2,000 $1,500 $1,600 Maple Tree Monastery Childcare Center $762.50 $0 $0 $0 $0 $500 $0* Maplewood Area Historical Society $19,547.00 $5,400 $7,000 $3,000 $19,547 $4,500 $7,889 Maplewood Fire Fighters Flower Fund $900.00 $450 $400 $0 $0 $400 $250 Maplewood Monarchs S.O. Team $3,000.00 $1,500 $1,000 $3,000 $0 $1,500 $1,400 Maplewood Police Explorers $5,000.00 $3,500 $1,800 $3,000 $2,000 $1,800 $2,420 Maplewood Police Reserves $5,000.00 $3,500 $5,000 $3,000 $0 $1,800 $2,660 Maplewood Youth Scholarship Fund $3,500.00 $2,000 $1,000 $3,000 $1,400 $1,500 $1,780 Ramsey County Fair $3,500.00 $2,500 $1,500 $2,800 $3,500 $1,500 $2,360 Second Chance Animal Rescue $800.00 $0 $400 $0 $0 $400 $160 Simon Youth Foundation - Maplewood Mall $300.00 $150 $0 $0 $0 $100 $50 St. Jerome's Catholic School $3,457.00 $0 $900 $1,000 $0 $1,000 $580 St. Mary's Health Clinics $15,000.00 $5,000 $2,000 $3,000 $0 $5,000 $3,000 The Salvation Army $3,000.00 $1,500 $1,400 $0 $0 $500 $680 Tubman Family Alliance $1,500.00 $500 $750 $0 $0 $500 $350 Webster Elementary School $3,800.00 $0 $1,900 $0 $0 $1,000 $580 White Bear Area YMCA $3,000.00 $1,500 $800 $3,000 $0 $1,250 $1,310 Fund Reserves $0 $350 $0 -$1,947 $0 $61 TOTAL AMOUNT OF REQUESTS $98,957 $32,000 $32,000 $32,000 $32,000 $32,000 $32,000 * Removed from consideration due to past practice of zeroing out any applicant that gets a zero allocation from four or more members of the City Council. An estimated $32,000 is available revenue from proceeds of the 10% Charitable Gambling Tax. Any reduction in available funds will result in a proportional reduction of the award amount. 2014 Charitable Gambling Funds Score Sheet I2, Attachment 1 Council Packet Page Number 183 of 213 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 184 of 213 J1 MEMORANDUM TO: Charles Ahl, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 1, 2013 SUBJECT: Approval of an Annual Currency Exchange License Renewal for EZ Cash Maplewood LLC, 3035 White Bear Avenue Introduction A currency exchange license renewal application has been submitted to the Minnesota Department of Commerce by EZ Cash Maplewood LLC to continue their operation at 3035 White Bear Avenue N for 2014. The renewal application included the names of the officers and owners of the licensee, background checks on each of the owners and officers from the Minnesota Bureau of Criminal Apprehension, a fee schedule of all fees to be charged by the currency exchange office, a $10,000 surety bond valid through December 31, 2014 and the $550.00 renewal fee. Background Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange conducts business. After consulting with Chief Schnell, there is nothing on record that would prohibit Council from approving the annual currency exchange license renewal; they are a good member of the business community. Budget Impact None Recommendation It is recommended that Council approve the currency exchange license renewal for EZ Cash Maplewood, LLC. Council Packet Page Number 185 of 213 J2 MEMORANDUM TO: R. Charles Ahl, City Manager FROM: Gayle Bauman, Finance Director DATE: October 8, 2013 SUBJECT: Preliminary Approval for Issuance of Refunding Bonds Introduction Refunding bonds are proposed to be issued to refinance the G.O. Improvement Refunding Bonds Series 2004A (current) and the G.O. Improvement Bonds Series 2004B (crossover). Issuance of the refunding bonds will allow the City to take advantage of the current low interest rates. The estimated net present value (NPV) of savings to the City for this issue is $283,454 or over 7% of the principal amount of the refunding bonds. Please note that the NPV benefit shown is an estimate and is variable based on the actual true interest cost on the refunding bonds as determined at the sale date. City policy states that any refunding, whether crossover or current, needs to have a NPV benefit of at least 3.5%. Additional information regarding the refunding of these bonds is included in the attached report from Springsted, Inc. It suggests a bid award on the bond sale at the Council meeting at 7:00 p.m. on Thursday, November 14, 2013. Budget Impact Estimated net present value of savings to the City is in the amount of $283,454. Recommendation It is recommended that the City Council adopt the attached resolutions providing preliminary approval for the sale of $3,805,000 General Obligation Refunding Bonds Series 2013B. Attachments 1. Resolution for Series 2013B bonds 2. Recommendations from Springsted, Inc. Council Packet Page Number 186 of 213 5738082v1 J2, Attachment 1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MAPLEWOOD, MINNESOTA HELD: October 14, 2013 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 held at the City Hall on October 14, 2013, at 7:00 P.M. for the purpose in part of authorizing the competitive negotiated sale of the $3,805,000 General Obligation Refunding Bonds, Series 2013B. The following members were present: and the following were absent: Member _______________ introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $3,805,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013B A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $3,805,000 General Obligation Refunding Bonds, Series 2013B (the "Bonds") to (i) refund in full the February 1, 2015 through February 1, 2021 maturities of the City’s General Obligation Refunding Bonds, Series 2004A, dated April 1, 2004; (ii) refund a portion of the August 1, 2018 maturity and refund in full the August 1, 2019 through August 1, 2024 maturities of the City’s General Obligation Improvement Bonds, Series 2004B, dated August 1, 2004; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. Council Packet Page Number 187 of 213 5738082v1 J2, Attachment 1 2 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member _______________ and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Council Packet Page Number 188 of 213 5738082v1 J2, Attachment 1 3 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City 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 the City's $3,805,000 General Obligation Refunding Bonds, Series 2013B. WITNESS my hand on October ____, 2013. __________________________________ City Clerk Council Packet Page Number 189 of 213 5738082v1 J2, Attachment 1 A-1 EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,805,000* CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013B (BOOK ENTRY ONLY) Proposals for the Bonds and the Good Faith Deposit (“Deposit”) will be received on Thursday, November 14, 2013, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder’s failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. * Preliminary; subject to change. Council Packet Page Number 190 of 213 5738082v1 J2, Attachment 1 A-2 If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2014. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature August 1 in the years and amounts* as follows: 2015 $270,000 2016 $295,000 2017 $280,000 2018 $540,000 2019 $945,000 2020 $435,000 2021 $445,000 2022 $190,000 2023 $200,000 2024 $205,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the amount of any maturity in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Bonds as that of the original proposal. Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify “Years of Term Maturities” in the spaces provided on the Proposal form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company (“DTC”), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. Council Packet Page Number 191 of 213 J2, Attachment 1 A-3 SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to (i) refund in full the February 1, 2015 through February 1, 2021 maturities of the City’s General Obligation Refunding Bonds, Series 2004A, dated April 1, 2004; and (ii) refund a portion of the August 1, 2018 maturity and refund in full the August 1, 2019 through August 1, 2024 maturities of the City’s General Obligation Improvement Bonds, Series 2004B, dated August 1, 2004. BIDDING PARAMETERS Proposals shall be for not less than $3,774,560 plus accrued interest, if any, on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of $38,050, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier’s check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City’s agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA #121000248 for credit to Springsted Incorporated, Account #635-5007954 Ref: Maplewood, MN Series 2013B Good Faith Deposit Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond_services@springsted.com, including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre-approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then Council Packet Page Number 192 of 213 J2, Attachment 1 A-4 that underwriter is required to submit its Deposit to the City in the form of a certified or cashier’s check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder’s Proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about December 18, 2013, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. Council Packet Page Number 193 of 213 J2, Attachment 1 A-5 CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the “Undertaking”) whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a “Final Official Statement” of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded up to 25 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 14, 2013 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk Council Packet Page Number 194 of 213 City of Maplewood, Minnesota Recommendations for Issuance of Bonds $3,805,000 General Obligation Refunding Bonds, Series 2013B The Council has under consideration the issuance of bonds to (i) refund the outstanding maturities of the City’s General Obligation Refunding Bonds, Series 2004A (the “Current Refunding Portion”) and (ii) refund various maturities of the City’s General Obligation Improvement Bonds, Series 2004B (the “Partial Crossover Refunding Portion”). This document provides information relative to the proposed issuance. KEY EVENTS: The following summary schedule includes the timing of some of the key events that will occur relative to the bond issuance. October 14, 2013 Council sets sale date and terms Week of November 4, 2013 Rating conference conducted and receipt of rating November 14, 2013, 10:00 a.m. Competitive bids are received November 14, 2013, 7:00 p.m. Council considers award of Bonds December 18, 2013 Settlement of the Bonds; receipt of proceeds RATING: The City is in the process of determining whether to request a rating from Moody’s Investors Service of Standard & Poor Rating Services for this issue. The City’s general obligation debt is currently rated “Aa1” by Moody’s. THE MARKET: Performance of the tax-exempt market is often measured by the Bond Buyer’s Index (“BBI”) which measures the yield of high grade municipal bonds in the 20th year for general obligation bonds (the BBI 20 Bond Index) and the 30th year for revenue bonds (the BBI 25 Bond Index). The following chart illustrates these two indices over the past five years. Study No.: 001408.122 October 8, 2013 J2, Attachment 2 Council Packet Page Number 195 of 213 Page 2 POST ISSUANCE COMPLIANCE: The issuance of the Bonds will result in post-issuance compliance responsibilities. The responsibilities are in two primary areas: i) compliance with federal arbitrage requirements and ii) compliance with secondary disclosure requirements. Federal arbitrage requirements include a wide range of implications that have been taken into account as your issue has been structured. Post-issuance compliance responsibilities for your tax-exempt issue include both rebate and yield restriction provisions of the IRS Code. In general terms the arbitrage requirements control the earnings on unexpended bond proceeds, including investment earnings, moneys held for debt service payments (which are considered to be proceeds under the IRS regulations), and/or reserves. Since the proceeds of the Bonds are being used for two distinctly different purposes, a current refunding and an advance refunding, each purpose will be treated independently for purposes of arbitrage compliance.  The Current Refunding Portion – the proceeds will be used within 60 days to redeem the Series 2004A Bonds. Therefore, the City will meet the 6-month spending exception and gross proceeds will be exempt from rebate.  The Partial Crossover Refunding Portion is being conducted as an advance refunding in which the proceeds will be placed in an escrow account until the call date of the Series 2004B Bonds. Federal regulations do not permit investment earnings on the escrow account to exceed the yield on the Bonds; therefore, no excess arbitrage will be earned. Yield restriction provisions will apply to the debt service funds and the funds should be monitored throughout the life of the Bonds. Secondary disclosure requirements result from an SEC requirement that underwriters provide ongoing disclosure information to investors. To meet this requirement, any prospective underwriter will require the City to commit to providing the information needed to comply under a continuing disclosure agreement. The City contracts with Springsted to assist them in meeting post issuance compliance for arbitrage and continuing disclosure. Contract amendments adding the Bonds will be provided to the City. AUTHORITY: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. SECURITY AND SOURCE OF PAYMENT: The Bonds are a general obligation of the City, secured by its full faith and credit and taxing power. In addition, the City will pledge special assessments that have been filed against benefited properties. SUPPLEMENTAL INFORMATION AND BOND RECORD: Supplementary information will be available to staff including detailed terms and conditions of sale, comprehensive structuring schedules and information to assist in meeting post- issuance compliance responsibilities. Upon completion of the financing, a bond record will be provided that contains pertinent documents and final debt service calculations for the transaction. SALE TERMS AND MARKETING: Variability of Issue Size: A specific provision in the sale terms permits modifications to the issue size and/or maturity structure to customize the issue once the price and interest rates are set on the day of sale. J2, Attachment 2 Council Packet Page Number 196 of 213 Page 3 Prepayment Provisions: Based on the short duration of the Bonds, and to avoid possible negative pricing impacts, the Bonds will not be subject to redemption prior to their stated maturities Bank Qualification: The City does not expect to issue more than $10 million in tax-exempt obligations that count against the $10 million limit for this calendar year; therefore, the Bonds will be designated as bank qualified. RISKS/SPECIAL CONSIDERATIONS: The outcome of this financing will rely on the market conditions at the time of the sale. Any projections included herein are estimates based on current market conditions. For advance refunding issues, such as the Crossover Refunding portion, a Minnesota statutory test exists which establishes a minimum present value interest cost savings level of 3% of the present value of refunded debt service. Based on the current interest rate market the present value refunding savings of that portion is estimated to be 7.0%. Assessments will be used to pay portions of the Bonds. In the event prepayments of assessments are received, the stream of the assessment income will change and modifications to the other funds will be needed. In particular, if the City is not able to reinvest the assessments at a rate at least equal to the rate on the Bonds and/or does not meter the application of the assessment income in a fashion similar to the income stream that would have otherwise been produced had they not been prepaid, additional other funds will be needed to meet debt service payments. Both the February and August payments of debt service will be due prior to actual receipt of either assessment income or tax levies. As a result, the City will have to advance cash to meet those payments and be reimbursed from assessment and tax levy income upon their receipt. SCHEDULES ATTACHED: Schedules attached include preliminary feasibility summary, debt service schedules, debt service comparison schedules and debt service to call and to maturity schedules. $1,800,000 Current Refunding Portion Description of Purpose PURPOSE: Proceeds of the Current Refunding Portion will be used to refund the February 1, 2015 through 2021 maturities of the City’s General Obligation Refunding Bonds, Series 2004A, dated April 1, 2004 and outstanding in the principal amount of $1,755,000 (the “Series 2004A Bonds”). This refunding transaction is being conducted to achieve interest cost savings. The Series 2004A Bonds were originally issued to advance refund various maturities of The City 1995A General Obligation Improvement Bonds and The 2000A General Obligation Fire Safety Bonds. SOURCE OF PAYMENT: On February 1, 2014, the call date of the Series 2004A Bonds, the City will (i) use previously collected tax levies and assessments to make their regularly scheduled February 1, 2014 principal and interest payment on the Series 2004A Bonds and (ii) use the proceeds of the Current Refunding Portion to redeem the remaining outstanding principal of the Series 2004A Bonds. Beginning with the August 1, 2014 interest payment, the City will begin making debt service payments on the Current Refunding Portion. J2, Attachment 2 Council Packet Page Number 197 of 213 Page 4 The Current Refunding Portion will be repaid with a combination of special assessments and ad valorem tax levies. The City expects to receive assessments annually in the amount of $8,830 in 2014 and 2015. Collection of taxes and assessments will be used to make the interest payment due February 1 and the principal and interest payment due August 1 in the collection year. STRUCTURING SUMMARY: At the direction of the City, principal payment dates on the Current Refunding Portion have been changed from February 1 payments to August 1 payments to match the principal repayment dates of the Partial Crossover Refunding Portion. The amortization of the Current Refunding Portion has been structured to result in approximately even annual savings. Based on current interest rate estimates, the refunding is projected to result in the City realizing an average cash flow savings of approximately $15,760 per year. This results in future value savings of approximately $127,350, with a net present value benefit to the City of approximately $133,590. These estimates are net of all costs associated with the refunding. $2,005,000 Partial Crossover Refunding Portion Description of Purpose PURPOSE: Proceeds of the Partial Crossover Refunding Portion will be used to refund a portion of the August 1, 2018 principal maturity and the August 1, 2019 through 2024 maturities of the City’s General Obligation Improvement Bonds, Series 2004B, dated August 1, 2004 and outstanding in the principal amount of $5,585,000 (the “Series 2004B Bonds”). The August 1, 2014 and 2015 maturities are not callable and are not included in this refunding transaction. The City has previously issued bonds in 2013 that count against its bank qualification limit of $10 million; therefore, the August 1, 2016 and 2017 maturities and a portion of the August 1, 2018 maturity are not being refunded in order for the City to issue the Bonds as bank qualified. Bank qualified obligations are selling at lower rates than non-bank qualified obligations in the current market. This refunding transaction is being conducted to achieve interest cost savings. The Series 2004B Bonds were originally issued to finance various street and utility improvement projects within the City. SOURCE OF PAYMENT: The issuance of the Partial Crossover Refunding Portion is being conducted as a “crossover” advance refunding in which the proceeds of the Partial Crossover Refunding Portion are placed in an escrow account with a major bank and invested in U.S. Treasury obligations or State and Local Government Securities. These investments and their earnings are structured to pay interest on the Partial Crossover Refunding Portion to and including the February 1, 2015 interest payment (the call date of the Series 2004B Bonds), at which time the escrow account will provide funds for the redemption of the portion of the August 1, 2018 maturity that is being refunded plus all subsequent maturities through and including the 2024 principal maturity of the Series 2004B Bonds. The City will continue to pay the originally scheduled debt service payments on the Series 2004B Bonds through the August 1, 2015 call date and interest and principal of the non-refunded maturities J2, Attachment 2 Council Packet Page Number 198 of 213 Page 5 (August 1, 2016 through 2018). After the call date, the City will begin making debt service payments on the Partial Crossover Refunding Portion, taking advantage of the lower interest rates. The Partial Crossover Refunding Portion will be repaid with a combination of special assessments and ad valorem tax levies. The City expects to receive assessments annually in the amount of $269,880 from 2014 through 2020. Collection of taxes and assessments will be used to make the interest payment due February 1 and the principal and interest payment due August 1 in the collection year. STRUCTURING SUMMARY: At the direction of the City, the principal amortization of the Partial Crossover Refunding Portion has been structured to result in approximately even annual savings. Based on current interest rate estimates, the refunding is projected to result in the City realizing an average cash flow savings of approximately $18,200 per year. This results in future value savings of approximately $165,600, with a net present value benefit to the City of approximately $149,860. These estimates are net of all costs associated with the refunding. FEDERAL CONSIDERATIONS AND/OR REQUIREMENTS: Upon the sale of the Bonds, a verification agent will be retained by the City to confirm that the refunding escrow is in compliance with federal restrictions and also to verify the adequacy of the escrow to satisfy its cash flow requirements. The Partial Crossover Refunding Portion is an advance refunding under federal tax law and may not be advance refunded in the future on a tax-exempt basis. The Partial Crossover Refunding Portion can be refunded as tax-exempt if done as a current refunding at or after the call date. J2, Attachment 2 Council Packet Page Number 199 of 213 Page 6 $3,805,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2013B Current and Partial Crossover Refunding of Series 2004A, 2004B Preliminary Feasibility Summary Dated 12/18/2013 | Delivered 12/18/2013 Current Refunding Portion (Ref 2004A) Partial Crossover Ref Portion (Ref 2004B) Issue Summary Sources Of Funds Par Amount of Bonds .................................................................... $1,800,000.00 $2,005,000.00 $3,805,000.00 Total Sources............................................................................. $1,800,000.00 $2,005,000.00 $3,805,000.00 Uses Of Funds Deposit to Crossover Escrow Fund..............................................1,755,000.00 1,954,538.74 3,709,538.74 Costs of Issuance.........................................................................29,329.83 32,670.17 62,000.00 Total Underwriter's Discount (0.800%)........................................14,400.00 16,040.00 30,440.00 Rounding Amount.......................................................................... 1,270.17 1,751.09 3,021.26 Total Uses................................................................................... $1,800,000.00 $2,005,000.00 $3,805,000.00 Flow of Funds Detail State and Local Government Series (SLGS) rates for..................9/30/2013 9/30/2013 Date of OMP Candidates ................................................................ Primary Purpose Fund Solution Method.........................................Gross Funded Net Funded Net Funded Total Cost of Investments..............................................................$1,755,000.00 $1,954,538.74 $3,709,538.74 Interest Earnings @ 0.215%..........................................................-7,190.40 7,190.40 Total Draw s...................................................................................$1,755,000.00 $1,961,729.14 $3,716,729.14 PV Analysis Summary (Net to Net) Net PV Cashflow Savings @ 1.694%(Bond Yield)......................132,322.18 148,110.76 280,432.94 Contingency or Rounding Amount.................................................1,270.17 1,751.09 3,021.26 Net Present Value Benefit.............................................................$133,592.35 $149,861.85 $283,454.20 Net PV Benefit / $3,660,000 Refunded Principal.......................... 7.612%7.867% 7.745% Net PV Benefit / $3,805,000 Refunding Principal..........................7.422%7.474%7.450% Bond Statistics Average Life..................................................................................4.589 Years 6.871 Years 5.792 Years Average Coupon........................................................................... 1.4009827% 1.8862735% 1.7043747% Net Interest Cost (NIC)...................................................................1.5753168% 2.0026996% 1.8425061% Bond Yield for Arbitrage Purposes...............................................1.6944920% 1.6944920% 1.6944920% True Interest Cost (TIC)................................................................. 1.5765672% 2.0024881% 1.8411224% All Inclusive Cost (AIC)..................................................................1.9529784% 2.2615519% 2.1445099% Series 2013 Ref 2004A, 20 | Issue Summary | 10/ 4/2013 | 1:42 PM J2, Attachment 2 Council Packet Page Number 200 of 213 Page 7 $3,805,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2013B Current and Partial Crossover Refunding of Series 2004A, 2004B Debt Service Schedule Date Principal Coupon Interest Total P+I 08/01/2014 --34,670.31 34,670.31 08/01/2015 270,000.00 0.400%55,970.00 325,970.00 08/01/2016 295,000.00 0.600%54,890.00 349,890.00 08/01/2017 280,000.00 0.850%53,120.00 333,120.00 08/01/2018 540,000.00 1.200%50,740.00 590,740.00 08/01/2019 945,000.00 1.500%44,260.00 989,260.00 08/01/2020 435,000.00 1.700%30,085.00 465,085.00 08/01/2021 445,000.00 1.950%22,690.00 467,690.00 08/01/2022 190,000.00 2.150%14,012.50 204,012.50 08/01/2023 200,000.00 2.350%9,927.50 209,927.50 08/01/2024 205,000.00 2.550%5,227.50 210,227.50 Total $3,805,000.00 -$375,592.81 $4,180,592.81 Yield Statistics Bond Year Dollars......................................................................................................................................................$22,036.99 Average Life..............................................................................................................................................................5.792 Years Average Coupon........................................................................................................................................................1.7043747% Net Interest Cost (NIC)............................................................................................................................................... 1.8425061% True Interest Cost (TIC)..............................................................................................................................................1.8411224% Bond Yield for Arbitrage Purposes............................................................................................................................1.6944920% All Inclusive Cost (AIC).............................................................................................................................................. 2.1445099% IRS Form 8038 Net Interest Cost........................................................................................................................................................ 1.8425061% Weighted Average Maturity....................................................................................................................................... 5.792 Years Series 2013 Ref 2004A, 20 | Issue Summary | 10/ 4/2013 | 1:42 PM J2, Attachment 2 Council Packet Page Number 201 of 213 Page 8 $1,800,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2013B Current Refunding of Series 2004A Debt Service Schedule Date Principal Coupon Interest Total P+I 08/01/2014 --12,971.17 12,971.17 08/01/2015 270,000.00 0.400%20,940.00 290,940.00 08/01/2016 265,000.00 0.600%19,860.00 284,860.00 08/01/2017 250,000.00 0.850%18,270.00 268,270.00 08/01/2018 250,000.00 1.200%16,145.00 266,145.00 08/01/2019 255,000.00 1.500%13,145.00 268,145.00 08/01/2020 250,000.00 1.700%9,320.00 259,320.00 08/01/2021 260,000.00 1.950%5,070.00 265,070.00 Total $1,800,000.00 -$115,721.17 $1,915,721.17 Yield Statistics Bond Year Dollars......................................................................................................................................................$8,260.00 Average Life..............................................................................................................................................................4.589 Years Average Coupon........................................................................................................................................................1.4009827% Net Interest Cost (NIC)............................................................................................................................................... 1.5753168% True Interest Cost (TIC)..............................................................................................................................................1.5765672% Bond Yield for Arbitrage Purposes............................................................................................................................1.6944920% All Inclusive Cost (AIC).............................................................................................................................................. 1.9529784% IRS Form 8038 Net Interest Cost........................................................................................................................................................ 1.5753168% Weighted Average Maturity....................................................................................................................................... 4.589 Years Series 2013 Ref 2004A, 20 | Series 2013 Ref 2004A | 10/ 4/2013 | 1:42 PM J2, Attachment 2 Council Packet Page Number 202 of 213 Page 9 $2,005,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2013B Partial Crossover Refunding of Series 2004B Debt Service Schedule Date Principal Coupon Interest Total P+I 08/01/2014 --21,699.14 21,699.14 08/01/2015 --35,030.00 35,030.00 08/01/2016 30,000.00 0.600%35,030.00 65,030.00 08/01/2017 30,000.00 0.850%34,850.00 64,850.00 08/01/2018 290,000.00 1.200%34,595.00 324,595.00 08/01/2019 690,000.00 1.500%31,115.00 721,115.00 08/01/2020 185,000.00 1.700%20,765.00 205,765.00 08/01/2021 185,000.00 1.950%17,620.00 202,620.00 08/01/2022 190,000.00 2.150%14,012.50 204,012.50 08/01/2023 200,000.00 2.350%9,927.50 209,927.50 08/01/2024 205,000.00 2.550%5,227.50 210,227.50 Total $2,005,000.00 -$259,871.64 $2,264,871.64 Yield Statistics Bond Year Dollars......................................................................................................................................................$13,776.99 Average Life..............................................................................................................................................................6.871 Years Average Coupon........................................................................................................................................................1.8862735% Net Interest Cost (NIC)............................................................................................................................................... 2.0026996% True Interest Cost (TIC)..............................................................................................................................................2.0024881% Bond Yield for Arbitrage Purposes............................................................................................................................1.6944920% All Inclusive Cost (AIC).............................................................................................................................................. 2.2615519% IRS Form 8038 Net Interest Cost........................................................................................................................................................ 2.0026996% Weighted Average Maturity....................................................................................................................................... 6.871 Years Series 2013 Ref 2004A, 20 | Series 2013 Ref 2004B | 10/ 4/2013 | 1:42 PM J2, Attachment 2 Council Packet Page Number 203 of 213 Page 10 $3,805,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2013B Current and Partial Crossover Refunding of Series 2004A, 2004B Debt Service Comparison Date Total P+I Escrow Existing D/S Net New D/S Old Net D/S Savings 08/01/2014 34,670.31 (21,699.14) 1,291,515.00 1,304,486.17 1,325,542.50 21,056.33 08/01/2015 325,970.00 (1,940,030.00) 2,892,210.00 1,278,150.00 1,291,125.00 12,975.00 08/01/2016 349,890.00 - 871,527.50 1,221,417.50 1,256,144.38 34,726.88 08/01/2017 333,120.00 - 845,127.50 1,178,247.50 1,210,897.51 32,650.01 08/01/2018 590,740.00 - 557,737.50 1,148,477.50 1,184,354.38 35,876.88 08/01/2019 989,260.00 - - 989,260.00 1,020,560.63 31,300.63 08/01/2020 465,085.00 - - 465,085.00 501,676.26 36,591.26 08/01/2021 467,690.00 -- 467,690.00 502,721.88 35,031.88 08/01/2022 204,012.50 -- 204,012.50 223,725.00 19,712.50 08/01/2023 209,927.50 -- 209,927.50 224,950.00 15,022.50 08/01/2024 210,227.50 -- 210,227.50 225,212.50 14,985.00 Total $4,180,592.81 (1,961,729.14) $6,458,117.50 $8,676,981.17 $8,966,910.04 $289,928.87 PV Analysis Summary (Net to Net) Net FV Cashflow Savings.......................................................................................................................................289,928.87 Gross PV Debt Service Savings............................................................................................................................. 280,432.94 Net PV Cashflow Savings @ 1.694%(Bond Yield)................................................................................................280,432.94 Contingency or Rounding Amount...........................................................................................................................3,021.26 Net Future Value Benefit......................................................................................................................................... $292,950.13 Net Present Value Benefit....................................................................................................................................... $283,454.20 Net PV Benefit / $702,443.82 PV Refunded Interest...............................................................................................40.353% Net PV Benefit / $4,029,729.29 PV Refunded Debt Service................................................................................... 7.034% Net PV Benefit / $3,660,000 Refunded Principal.................................................................................................... 7.745% Net PV Benefit / $3,805,000 Refunding Principal....................................................................................................7.450% Refunding Bond Information Refunding Dated Date..............................................................................................................................................12/18/2013 Refunding Delivery Date..........................................................................................................................................12/18/2013 Series 2013 Ref 2004A, 20 | Issue Summary | 10/ 4/2013 | 1:42 PM J2, Attachment 2 Council Packet Page Number 204 of 213 Page 11 $1,800,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2013B Current Refunding of Series 2004A Debt Service Comparison Date Total P+I Existing D/S Net New D/S Old Net D/S Savings 08/01/2014 12,971.17 272,905.00 285,876.17 306,932.50 21,056.33 08/01/2015 290,940.00 -290,940.00 303,915.00 12,975.00 08/01/2016 284,860.00 -284,860.00 300,334.38 15,474.38 08/01/2017 268,270.00 -268,270.00 281,487.51 13,217.51 08/01/2018 266,145.00 -266,145.00 282,334.38 16,189.38 08/01/2019 268,145.00 -268,145.00 282,328.13 14,183.13 08/01/2020 259,320.00 -259,320.00 276,706.26 17,386.26 08/01/2021 265,070.00 -265,070.00 280,671.88 15,601.88 Total $1,915,721.17 $272,905.00 $2,188,626.17 $2,314,710.04 $126,083.87 PV Analysis Summary (Net to Net) Net FV Cashflow Savings........................................................................................................................................... 126,083.87 Gross PV Debt Service Savings..................................................................................................................................132,322.18 Net PV Cashflow Savings @ 1.694%(Bond Yield).................................................................................................... 132,322.18 Contingency or Rounding Amount............................................................................................................................... 1,270.17 Net Future Value Benefit..............................................................................................................................................$127,354.04 Net Present Value Benefit............................................................................................................................................$133,592.35 Net PV Benefit / $273,002.07 PV Refunded Interest................................................................................................... 48.935% Net PV Benefit / $1,908,664.29 PV Refunded Debt Service........................................................................................6.999% Net PV Benefit / $1,755,000 Refunded Principal.........................................................................................................7.612% Net PV Benefit / $1,800,000 Refunding Principal........................................................................................................7.422% Refunding Bond Information Refunding Dated Date..................................................................................................................................................12/18/2013 Refunding Delivery Date.............................................................................................................................................. 12/18/2013 Series 2013 Ref 2004A, 20 | Series 2013 Ref 2004A | 10/ 4/2013 | 1:42 PM J2, Attachment 2 Council Packet Page Number 205 of 213 Page 12 $2,005,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2013B Partial Crossover Refunding of Series 2004B Debt Service Comparison Date Total P+I Escrow Existing D/S Net New D/S Old Net D/S Savings 08/01/2014 21,699.14 (21,699.14) 1,018,610.00 1,018,610.00 1,018,610.00 - 08/01/2015 35,030.00 (1,940,030.00) 2,892,210.00 987,210.00 987,210.00 - 08/01/2016 65,030.00 - 871,527.50 936,557.50 955,810.00 19,252.50 08/01/2017 64,850.00 - 845,127.50 909,977.50 929,410.00 19,432.50 08/01/2018 324,595.00 - 557,737.50 882,332.50 902,020.00 19,687.50 08/01/2019 721,115.00 -- 721,115.00 738,232.50 17,117.50 08/01/2020 205,765.00 -- 205,765.00 224,970.00 19,205.00 08/01/2021 202,620.00 -- 202,620.00 222,050.00 19,430.00 08/01/2022 204,012.50 -- 204,012.50 223,725.00 19,712.50 08/01/2023 209,927.50 -- 209,927.50 224,950.00 15,022.50 08/01/2024 210,227.50 -- 210,227.50 225,212.50 14,985.00 Total $2,264,871.64 (1,961,729.14) $6,185,212.50 $6,488,355.00 $6,652,200.00 $163,845.00 PV Analysis Summary (Net to Net) Net FV Cashflow Savings........................................................................................................................................... 163,845.00 Gross PV Debt Service Savings..................................................................................................................................148,110.76 Net PV Cashflow Savings @ 1.694%(Bond Yield).................................................................................................... 148,110.76 Contingency or Rounding Amount............................................................................................................................... 1,751.09 Net Future Value Benefit..............................................................................................................................................$165,596.09 Net Present Value Benefit............................................................................................................................................$149,861.85 Net PV Benefit / $429,441.75 PV Refunded Interest................................................................................................... 34.897% Net PV Benefit / $2,121,065.01 PV Refunded Debt Service........................................................................................7.065% Net PV Benefit / $1,905,000 Refunded Pr incipal.........................................................................................................7.867% Net PV Benefit / $2,005,000 Refunding Principal........................................................................................................ 7.474% Refunding Bond Information Refunding Dated Date.................................................................................................................................................. 12/18/2013 Refunding Delivery Date.............................................................................................................................................. 12/18/2013 Series 2013 Ref 2004A, 20 | Series 2013 Ref 2004B | 10/ 4/2013 | 1:42 PM J2, Attachment 2 Council Packet Page Number 206 of 213 Page 13 $2,940,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2004A Debt Service To Call And To Maturity Date Refunded Bonds D/S To Call Principal Coupon Interest Refunded D/S 12/18/2013 ------ 02/01/2014 1,755,000.00 1,755,000.00 - 3.300%-- 08/01/2014 ---- 34,027.50 34,027.50 02/01/2015 -- 240,000.00 3.450% 34,027.50 274,027.50 08/01/2015 ---- 29,887.50 29,887.50 02/01/2016 -- 245,000.00 3.625% 29,887.50 274,887.50 08/01/2016 ---- 25,446.88 25,446.88 02/01/2017 -- 235,000.00 3.750% 25,446.88 260,446.88 08/01/2017 ---- 21,040.63 21,040.63 02/01/2018 -- 245,000.00 3.875% 21,040.63 266,040.63 08/01/2018 ---- 16,293.75 16,293.75 02/01/2019 -- 255,000.00 4.125% 16,293.75 271,293.75 08/01/2019 ---- 11,034.38 11,034.38 02/01/2020 -- 260,000.00 4.125% 11,034.38 271,034.38 08/01/2020 ---- 5,671.88 5,671.88 02/01/2021 -- 275,000.00 4.125% 5,671.88 280,671.88 Total $1,755,000.00 $1,755,000.00 $1,755,000.00 - $286,805.04 $2,041,805.04 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation.................................................................................................12/18/2013 Average Life............................................................................................................................................................. 4.208 Years Average Coupon.......................................................................................................................................................3.8838132% Weighted Average Maturity (Par Basis)................................................................................................................... 4.208 Years Refunding Bond Information Refunding Dated Date............................................................................................................................................... 12/18/2013 Refunding Delivery Date........................................................................................................................................... 12/18/2013 Series 2004A | SINGLE PURPOSE | 10/ 4/2013 | 1:42 PM J2, Attachment 2 Council Packet Page Number 207 of 213 Page 14 $13,010,000 City of Maplewood, Minnesota General Obligation Improvement Bonds, Series 2004B Debt Service To Call And To Maturity Date Refunded Bonds Refunded Interest D/S To Call Principal Coupon Interest Refunded D/S 02/01/2014 - 42,141.25 42,141.25 -- 42,141.25 42,141.25 08/01/2014 - 42,141.25 42,141.25 - 4.000% 42,141.25 42,141.25 02/01/2015 - 42,141.25 42,141.25 -- 42,141.25 42,141.25 08/01/2015 1,905,000.00 42,141.25 1,947,141.25 - 4.000% 42,141.25 42,141.25 02/01/2016 ----- 42,141.25 42,141.25 08/01/2016 ---- 4.000% 42,141.25 42,141.25 02/01/2017 ----- 42,141.25 42,141.25 08/01/2017 ---- 4.100% 42,141.25 42,141.25 02/01/2018 ----- 42,141.25 42,141.25 08/01/2018 --- 260,000.00 4.250% 42,141.25 302,141.25 02/01/2019 ----- 36,616.25 36,616.25 08/01/2019 --- 665,000.00 4.250% 36,616.25 701,616.25 02/01/2020 ----- 22,485.00 22,485.00 08/01/2020 --- 180,000.00 4.400% 22,485.00 202,485.00 02/01/2021 ----- 18,525.00 18,525.00 08/01/2021 --- 185,000.00 4.500% 18,525.00 203,525.00 02/01/2022 ----- 14,362.50 14,362.50 08/01/2022 --- 195,000.00 4.500% 14,362.50 209,362.50 02/01/2023 ----- 9,975.00 9,975.00 08/01/2023 --- 205,000.00 4.750% 9,975.00 214,975.00 02/01/2024 ----- 5,106.25 5,106.25 08/01/2024 --- 215,000.00 4.750% 5,106.25 220,106.25 Total $1,905,000.00 $168,565.00 $2,073,565.00 $1,905,000.00 - $635,552.50 $2,540,552.50 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation................................................................................................ 12/18/2013 Average Life.............................................................................................................................................................7.074 Years Average Coupon...................................................................................................................................................... 4.4784895% Weighted Average Maturity (Par Basis)................................................................................................................... 7.074 Years Refunding Bond Information Refunding Dated Date...............................................................................................................................................12/18/2013 Refunding Delivery Date........................................................................................................................................... 12/18/2013 Series 2004B | SINGLE PURPOSE | 10/ 4/2013 | 1:42 PM J2, Attachment 2 Council Packet Page Number 208 of 213 J3 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Paul P. Schnell, Chief of Police DATE: October 7, 2013 SUBJECT: Approval of Resolution Supporting Police Department Policy Development Introduction The Maplewood Police Department is requesting City Council approval of a Resolution of support for the department to develop and implement a response policy addressing law enforcement officer and high-profile person domestic violence incidents. Background Since the 1970’s, a concerted effort has been made to increase awareness and attention to the issue of domestic violence. Being among the most serious and insidious public safety issues in America, domestic and family violence will impact as many as one in four women. The Maplewood Police Department has long regarded effective response to domestic/family violence a key departmental priority. With the ongoing implementation of a new policy and procedure manual, the Police Department is redoubling current efforts, including: • Increased domestic violence response training for police officers. • Strengthening of our partnership with Tubman Center’s domestic violence advocacy service. • Full utilization of the County-wide domestic violence lethality assessment tool. • Professional leadership through the adoption of an explicit policy regarding domestic violence by police officers and high-profile persons/public figures. The establishment of an explicit policy is recommended by the International Association of Chiefs of Police as a “best practice.” While Maplewood has not had any known issues of inappropriate or incomplete responses to domestic violence involving a police officer or high- profile person, the establishment of such a policy is an explicit statement of priority and community standard. In addition, an “officer-involved/high-profile person” policy provides clear direction to our police officers and police supervisors who might have the occasion to respond to such an incident. The Police Department is requesting that the City Council approve the attached Resolution, which supports the Maplewood Police Department’s effort to develop and implement policies pertaining to police officer-perpetrated domestic violence and response protocols for domestic violence involving public figures and further direct that the Maplewood Police Department continue all efforts toward implementing effective and efficient strategies to prevent and intervene in incidents of domestic and family violence. Council Packet Page Number 209 of 213 J3 Budget Impact None. Recommendation Approve the Resolution in support of Police Department policy development regarding response to domestic violence incidents involving law enforcement officers and/or high-profile persons. Attachments 1. Resolution Supporting Police Department Policy Development Council Packet Page Number 210 of 213 J3, Attachment 1 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION A RESOLUTION OF SUPPORT FOR THE ESTABLISHMENT AND IMPLEMENTATION OF MAPLEWOOD POLICE DEPARTMENT POLICIES PERTAINING TO POLICE OFFICER-PERPETRATED DOMESTIC VIOLENCE AND POLICE RESPONSE TO DOMESTIC VIOLENCE BY PUBLIC FIGURES WHEREAS, October is national Domestic Violence Awareness Month; and WHEREAS, law enforcement has played a key role in the overall criminal justice system’s improvements to effectively respond to domestic violence; and WHEREAS, the challenge posed by domestic violence to law enforcement agencies becomes even greater when police officers and other criminal justice system professionals are implicated; and WHEREAS, consistency in the response to domestic violence regardless of community status, profile, or background is a matter of public trust and leadership; and WHEREAS, the International Association of Chiefs of Police prepared model “best practices” policies for consideration by local units of government that make an affirmative statement that domestic violence will not be tolerated; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota: 1. That we support the Maplewood Police Department’s effort to develop and implement policies pertaining to police officer-perpetrated domestic violence and response protocols for domestic violence involving public figures; and 2. Direct that the Maplewood Police Department continue all efforts toward implementing effective and efficient strategies to prevent and intervene in incidents of domestic and family violence. Adopted this 14th day of October 2013, ___________________________________ Will Rossbach, Mayor Attest: _________________________________ Karen Guilfoile, City Clerk Council Packet Page Number 211 of 213 M1 MEMORANDUM TO: City Council FROM: Charles Ahl, City Manager DATE: October 9, 2013 SUBJECT: Council Meeting Calendar Report Introduction/Background This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcement of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. No action is required. Upcoming Events 1. Election Day – November 5th Upcoming Agenda Items & Work Session Schedule 1. Administrative Enforcement Process – October 28 2. Roseville Superintendant Presentation – October 28 3. Commission Interviews – October 28 4. Update on Council Goals – October 28 5. Budget Priority and Use of 2.0% Levy - October 28 6. Cancelled Workshop – November 4th 7. November 11 Workshop and Meeting Rescheduled due to Veterans Day – November 14 8. Discussion on Condemnation of Property – November 14th 9. EDA Plan – November 14th Budget Impact None Recommendation No action required. Council Packet Page Number 212 of 213 M2 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: October 9, 2013 SUBJECT: Cancellation of the November 4, 2013 Council Manager Workshop Summary Currently, staff does not have any time sensitive matters that would call for the need of a Council Manager Workshop on Monday, November 4, 2013. Recommendation Staff recommends the cancellation of the Council Manager Workshop on November 4, 2013. Council Packet Page Number 213 of 213