Loading...
HomeMy WebLinkAbout2015 06-22 City Council Meeting PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 22, 2015 City Hall, Council Chambers Meeting No. 12-15 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments.” D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of June 8, 2015 City Council Workshop Meeting Minutes 2. Approval of June 8, 2015 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Recognition of Nick Carver for Receiving the “Raising the Profile” Award 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 Temporary Permit Fee Waivers for the Church of St. Jerome, 380 E Roselawn Ave 3. Approval of Temporary Permit Fee Waivers for the Ramsey County Fair, 2020 White Bear Avenue N 4. Approval of Resolution for Reduction of Retainage on Existing Construction Contract, Arkwright-Sunrise Area Improvements, City Project 12-09 5. Approval of Resolution for Final Payment and Acceptance of Project, Gladstone Area Phase I Bid Package 2 Improvements, City Project 04-21 6. Approval of Resolution Directing Modification of Existing Contract with Cool Air Mechanical to Replace HVAC/Dehumidifier Unit at the MCC, Change Order No. 1 7. Approval to Enter Into Lease Agreement with North St. Paul for Use of Fiber Optics H. PUBLIC HEARINGS None 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 Cit y Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR 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 I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Approval to Apply for St. Paul Foundation - Advancing Racial Equity Grant K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update 2. Update on the July 4th Event N. COUNCIL PRESENTATIONS O. ADJOURNMENT E1 June 8, 2015 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 P.M. Monday, June 8, 2015 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:35 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present C. APPROVAL OF AGENDA Councilmember Abrams moved to approve the agenda as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. City Logo and Branding Discussion IT Director Fowlds gave the staff presentation and answered questions of the council. City Manager Coleman provided additional information. 2. Waiving Fees for Miscellaneous Permits City Manager Coleman gave the staff report and answered questions of the council. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 6:37 p.m. Packet Page Number 1 of 112 E2 June 10, 2015 City Council Meeting Minutes 1 FMINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, June 8, 2015 Council Chambers, City Hall Meeting No. 11-15 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03 p.m. by Mayor Slawik. Mayor Slawik reported that Governor Dayton signed a bill into law designating that a portion of Highway 36 in Maplewood be named “Sergeant Joseph Bergeron Memorial Highway” in memoriam and honor of Bergeron who was killed in the line of duty on May 1, 2010. B. PLEDGE OF ALLEGIANCE A student from Harambee Community Cultures Environmental Science School led the council in the pledge of allegiance. C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda: N1 Roseville School Superintendent N2 District 622 Schools N3 My Brothers’ Keeper Event N4 Reminder about Recreational Fires N5 Mayors Summit on Entrepreneurship N6 Pathways to Success Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of May 20, 2015 Special City Council Meeting Minutes Councilmember Cardinal moved to approve the May 20, 2015 Special City Council Meeting Minutes as submitted. Packet Page Number 2 of 112 E2 June 10, 2015 City Council Meeting Minutes 2 Seconded by Councilmember Juenemann Ayes – Mayor Slawik, Council Members Cardinal, Juenemann and Koppen Abstain - Councilmember Abrams The motion passed. 2. Approval of May 26, 2015 City Council Workshop Minutes Councilmember Juenemann moved to approve the May 26, 2015 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of May 26, 2015 City Council Meeting Minutes Councilmember Juenemann moved to approve the May 26, 2015 City Council Meeting Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Approval of Resolution of Appreciation for Bev Dusso on Her Retirement from the Tubman Organization City Manager Coleman gave the staff report. Mayor Slawik read the resolution then presented it to Ms. Dusso. Councilmember Juenemann moved to approve the Resolution of Appreciation for Bev Dusso on Her Retirement from the Tubman Organization. Resolution 15-6-1217 CITY OF MAPLEWOOD RESOLUTION OF APPRECIATION WHEREAS, Beverly Dusso has served as the CEO of the Tubman Organization (originally called the Harriet Tubman Women’s Shelter) since 1989; and WHEREAS, Beverly Dusso has shown herself to be an advocate for safe and healthy families, individuals and communities; and WHEREAS, under Beverly Dusso’s leadership the Tubman Organization has experienced tremendous growth and change resulting in a multiservice family agency offering a full complement of services including legal intervention; counseling and therapy; parenting, financial literacy and job search education; and violence prevention courses; and Packet Page Number 3 of 112 E2 June 10, 2015 City Council Meeting Minutes 3 WHEREAS, the City of Maplewood has appreciated her guidance in helping more than 40,000 adults and children in Hennepin, Ramsey and Washington Counties and the surrounding area get the support and information they need to reach their full potential for safe, healthy, stable lives.; and WHEREAS, Beverly Dusso is retiring from the Tubman Organization after serving twenty-five years as its Chief Executive Officer; THEREFORE, be it resolved that the City of Maplewood expresses its gratitude and appreciation for Ms. Dusso’s twenty-five years of service and dedication to the women, children and families struggling with relationship violence, substance abuse and mental health in Maplewood and the surrounding communities. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of Resolution of Appreciation for Patty Phillips on Her Retirement as Superintendent from District 622 City Manager Coleman gave the staff report. Mayor Slawik read the resolution of Appreciation. Councilmember Cardinal moved to approve the Resolution of Appreciation for Patty Phillips on her retirement as superintendent from District 622. Resolution 15-6-1218 CITY OF MAPLEWOOD RESOLUTION OF APPRECIATION WHEREAS, Patty Phillips has served School District 622; the North St. Paul, Maplewood, Oakdale Schools; as Superintendent since July 1, 2005; and WHEREAS, Patty Phillips has shown herself to be a leader in her field as exhibited by her being named Minnesota Superintendent of the Year in 2010; and WHEREAS, Patty Phillips has led the way in progressive equity leadership; guiding the District when they received the Human Rights Campaign Foundation’s Welcoming Schools Seal of Excellence; given to districts across the nation that have gone the extra mile to create safe schools, excellent school climate and bullying prevention; and WHEREAS, the City of Maplewood has appreciated her leadership, cooperation, experience, insight and innovation within District 622 and the community; and WHEREAS, Patty Phillips is retiring from School District 622 after ten years of service as superintendent; THEREFORE, be it resolved that the City of Maplewood expresses its gratitude and appreciation for Ms. Phillips ten years of service and dedication to the students, staff and families of School District 622 and the communities of North St. Paul, Maplewood and Packet Page Number 4 of 112 E2 June 10, 2015 City Council Meeting Minutes 4 Oakdale. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Acknowledgement of Harambee Community Cultures/Environmental Science School’s Green Ribbon Schools Award from the U.S. Department of Education Building Official Carver addressed the council and introduced the report. Mollie Miller, Environmental Natural Resource Commissioner and parent of a student at Harambee addressed the council and read the resolution of acknowledgement. G. CONSENT AGENDA Councilmember Juenemann moved to approve consent agenda items G1-G5. Seconded by Councilmember Abrams Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 357,170.76 Checks # 95119 thru # 95162 dated 05/26/15 $ 287,119.95 Disbursements via debits to checking account dated 05/18/15 thru 05/22/15 $ 102,708.63 Checks #95163 thru #95197 dated 05/28/15 thru 06/02/15 $ 458,554.07 Disbursements via debits to checking account dated 05/26/15 thru 05/29/15 $ 1,205,553.41 Total Accounts Payable PAYROLL $ 520,761.15 Payroll Checks and Direct Deposits dated 05/22/15 $ 1,576.28 Payroll Deduction check # 9994974 thru #9994977 dated 05/22/2015 $ 522,337.43 Total Payroll $ 1,727,890.84 GRAND TOTAL Packet Page Number 5 of 112 E2 June 10, 2015 City Council Meeting Minutes 5 Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Approval of Playcrest Playground Replacement Councilmember Juenemann moved to approve a best value approach and to bid out the replacement of the playground equipment at Playcrest Park not to exceed $80,000. Seconded by Councilmember Abrams Ayes – All The motion passed. 3. Approval of Contract with S&S Tree and Horticultural Specialists Councilmember Juenemann moved to approve the contract with S&S Tree and Horticultural Specialists for city forestry related services in 2015 not to exceed $8,140. Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Approval of Property Condemnation Settlement with Camada LP (Vomela), TH 36/English Street Interchange Improvements, City Project 09-08 Councilmember Juenemann moved to approve the Property Acquisition Settlement Agreement with Thomas L. Auth and the business entity Camada, L.P., related to the property at 2354 English Street as part of City Project 09-08. The terms of the settlement are: 1) Settlement of the condemnation case for $800,000.00, including City's initial payment (which includes the Landowner’s damages, fees, costs, interest and attorneys’ fees) 2) Conveyance of small parking area (old English ROW) to landowner, reserving easement to City for utility/maintenance/access purposes 3) Amend taking of 17' feet at south end of property to give landowner ordinary use rights (City retains right to use area for wall maintenance or other highway related purposes) 4) Special assessment for benefits of $25,608.00 would not be assessed by City Seconded by Councilmember Abrams Ayes – All The motion passed. 5. Approval of a Resolution for a Temporary Lawful Gambling – Local Permit for the White Bear Avenue Business Association Councilmember Juenemann moved to approve the Resolution for a Temporary Lawful Gambling – Local Permit for the White Bear Avenue Business Association Resolution 15-6-1219 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the Packet Page Number 6 of 112 E2 June 10, 2015 City Council Meeting Minutes 6 temporary lawful gambling – local permit is approved for the White Bear Avenue Business Association, 2201 Birmingham St in Maplewood. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Abrams Ayes – All The motion passed. H. PUBLIC HEARING None I. UNFINISHED BUSINESS 1. Resolutions Authorizing the Issuance and Awarding the Sale of Bonds a. Approval of General Obligation Bonds, Series 2015B Resolution b. Approval of Taxable General Obligation Refunding Bonds, Series 2015C Resolution Finance Director Bauman introduced the staff report. Terri Heaton, Client Representative from Springsted addressed the council to give the report and answer questions of the council. Councilmember Cardinal moved to approve the resolution for the General Obligation Bonds, Series 2015B. Resolution 15-6-1220 RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $1,215,000 GENERAL OBLIGATION BONDS, SERIES 2015B, PLEDGING FOR THE SECURITY THEREOF LEVYING A TAX FOR THE PAYMENT THEREOF AND PROVIDING FOR THEIR ISSUANCE A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $1,215,000 General Obligation Bonds, Series 2015B (the "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475 and: 1. Section 412.301 to finance the purchase of capital equipment (the "Equipment"), in the amount of $410,000 (the "Equipment Portion of the Bonds"). Each item of Equipment to be financed by the Equipment Portion of the Bonds has an expected useful life at least as long as the term of the Equipment Portion of the Bonds. The principal amount of the Equipment Portion of the Bonds does not exceed one- Packet Page Number 7 of 112 E2 June 10, 2015 City Council Meeting Minutes 7 quarter of one percent (0.25%) of the market value of the taxable property in the City ($3,457,190,700 times 0.25% is $8,642,977); and 2. Section 475.58, Subdivision 3b, to finance street reconstruction improvements under the City's 2015 through 2019 Five-Year Street Reconstruction Plan adopted on January 12, 2015 (the "Improvements") in the amount of $805,000 (the “Improvement Portion of the Bonds”); and B. WHEREAS, on January 12, 2015, following duly published notice thereof, the Council held a public hearing on the issuance of approximately $1,488,200 principal amount of bonds to finance the Improvements and all persons who wished to speak or provide written information relative to the public hearing were afforded an opportunity to do so; and C. WHEREAS, no petition signed by voters equal to 5 percent of the votes cast in the City in the last municipal general election requesting a vote on the issuance of the street reconstruction bonds has been filed with the City Administrator within 30 days after the public hearing on January 12, 2015; and D. WHEREAS, the Bonds, together with any outstanding bonds of the City that are subject to the City's net debt limit, do not exceed the City's net debt limit; and E. WHEREAS, the City has retained Springsted Incorporated ("Springsted"), as its independent financial advisor, in connection with the sale of the Bonds, and therefore the City is authorized to negotiate the sale of the Bonds without compliance with the public sale requirements of Minnesota Statutes, Section 475.60; Subdivision 2(9); and F. WHEREAS, the proposals set forth on Attachment A attached hereto were received by the City Clerk, or designee, at the offices of Springsted, at 10:30 a.m. this same day pursuant to the Terms of Proposal established for the Bonds; and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of Northland Securities, Inc. in Minneapolis, Minnesota (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $1,224,980.38, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated July 8, 2015, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R 1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as Packet Page Number 8 of 112 E2 June 10, 2015 City Council Meeting Minutes 8 follows: Year Amount Year Amount 2017 $ 80,000 2023 $180,000 2018 85,000 2025 200,000 2019 90,000 2028 215,000 2021 180,000 2031 185,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation. The Improvement Portion of the Bonds, being the aggregate principal amount of $805,000, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Improvements. The Equipment Portion of the Bonds, being the aggregate principal amount of $410,000, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Equipment. Improvement Equipment Year Portion Portion Total 2017 $ 45,000 $35,000 $ 80,000 2018 45,000 40,000 85,000 2019 50,000 40,000 90,000 2021 100,000 80,000 180,000 2023 100,000 80,000 180,000 2025 110,000 90,000 200,000 2028 170,000 45,000 215,000 2031 185,000 185,000 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to any of the portions of debt service in such amounts as the City shall determine. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name Packet Page Number 9 of 112 E2 June 10, 2015 City Council Meeting Minutes 9 of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters Packet Page Number 10 of 112 E2 June 10, 2015 City Council Meeting Minutes 10 relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Packet Page Number 11 of 112 E2 June 10, 2015 City Council Meeting Minutes 11 Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Improvement Portion of the Bonds shall provide funds to finance the Improvements. The Equipment Portion of the Bonds shall provide funds to finance acquisition and installation of the Equipment. The Improvements and the Equipment are herein referred to together as the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2016, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2017 2.00% 2023 2.00% 2018 2.00% 2025 2.50% 2019 2.00% 2028 3.00% 2021 2.00% 2031 3.00% 5. Redemption. All Bonds maturing on February 1, 2026 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2025, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, Packet Page Number 12 of 112 E2 June 10, 2015 City Council Meeting Minutes 12 however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R _______ $_________ GENERAL OBLIGATION BOND, SERIES 2015B Interest Rate Maturity Date Date of Original Issue CUSIP February 1, July 8, 2015 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2016, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Packet Page Number 13 of 112 E2 June 10, 2015 City Council Meeting Minutes 13 Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer, acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2026, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2025, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of Packet Page Number 14 of 112 E2 June 10, 2015 City Council Meeting Minutes 14 the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1,215,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on June 8, 2015 (the "Resolution"), for the purpose of providing money to finance various projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2015B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Reg istered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Packet Page Number 15 of 112 E2 June 10, 2015 City Council Meeting Minutes 15 IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CITY OF MAPLEWOOD, CERTIFICATE OF RAMSEY COUNTY, MINNESOTA AUTHENTICATION /s/ Facsimile This Bond is one of the Mayor Bonds described in the Resolution mentioned within. /s/ Facsimile City Clerk U.S. Bank National Association St. Paul, Minnesota, Bond Registrar By: Authorized Signature ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM – as tenants in common TEN ENT – as tenants by the entireties JT TEN – as joint tenants with right of survivorship and not as tenants in common UTMA – ___________ as custodian for ______________ (Cust) (Minor) under the _____________________ Uniform (State) Transfers to Minors Act Packet Page Number 16 of 112 E2 June 10, 2015 City Council Meeting Minutes 16 Additional abbreviations may also be used though not in the above list. ___________________________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:_____________________ ___________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ (Include information for all joint owners if the Bond is held by joint account.) PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date Amount Authorized signature of Holder 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; Packet Page Number 17 of 112 E2 June 10, 2015 City Council Meeting Minutes 17 provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is July 8, 2015. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed Packet Page Number 18 of 112 E2 June 10, 2015 City Council Meeting Minutes 18 or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby established a special fund to be designated "General Obligation Bonds, Series 2015B Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds, less any amount paid for the Bonds in excess of the minimum bid. Packet Page Number 19 of 112 E2 June 10, 2015 City Council Meeting Minutes 19 From the Capital Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied or covenanted to be levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Capital Account, the balance shall be transferred to the Debt Service Account. (b) Debt Service Account. There shall be maintained two separate subaccounts in the Debt Service Account to be designated the "Improvements Debt Service Subaccount" and the "Equipment Debt Service Subaccount". There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) Improvements Debt Service Subaccount. To the Improvement Debt Service Subaccount there shall be credited: (A) all taxes herein and hereafter levied for the payment of the Improvement Portion of the Bonds; (B) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (C) all funds remaining in the Capital Account after completion of the Improvements and payment of the costs thereof; (D) all investment earnings on funds held in the Improvement Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvement Debt Service Subaccount. The Improvement Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Improvement Portion of the Bonds. (ii) Equipment Debt Service Subaccount. To the Equipment Debt Service Subaccount there shall be credited: (A) all taxes herein and hereafter levied for the payment of the Equipment Portion of the Bonds; (B) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (C) all funds remaining in the Capital Account after purchase of the Equipment and payment of the costs thereof; (D) all investment earnings on funds held in the Equipment Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Equipment Debt Service Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Equipment Portion of the Bonds. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or Packet Page Number 20 of 112 E2 June 10, 2015 City Council Meeting Minutes 20 insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to the Improvement Portion of the Bonds; Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Improvement Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount See attached schedule (Improvement Portion) The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Improvement Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Improvement Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Covenants Relating to the Equipment Portion of the Bonds; Tax Levy Coverage Test. To provide moneys for payment of the principal and interest on the Equipment Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amount See attached levy schedule (Equipment Portion) The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Equipment Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Equipment Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Defeasance. When all Bonds have been discharged as provided in this Packet Page Number 21 of 112 E2 June 10, 2015 City Council Meeting Minutes 21 paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior Packet Page Number 22 of 112 E2 June 10, 2015 City Council Meeting Minutes 22 to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 22. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed in the office of the County Auditor of Ramsey County, together with such other information as the County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the Bond Register and the tax levies required by law have been made. Packet Page Number 23 of 112 E2 June 10, 2015 City Council Meeting Minutes 23 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18-month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2015 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2015 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. Packet Page Number 24 of 112 E2 June 10, 2015 City Council Meeting Minutes 24 The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Cardinal moved to approve the resolution for the Taxable General Obligation Refunding Bonds, Series 2015C. Resolution 15-6-1221 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $7,990,000 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015C AND PLEDGING REVENUES AND SPECIAL ASSESSMENT FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), owns and operates a municipal sewer system (the "Sewer System") and a municipal water system (the "Water System") as separate revenue producing utilities of the City (combined, the "System") and there are currently outstanding the "System Refunding Portion" of $4,405,000 original principal amount of General Obligation Refunding Bonds, Series 2010A, dated July 8, 2010 (the "Outstanding Sewer Bonds") of the City payable from the net revenues of the Sewer System; and B. WHEREAS, the City hereby determines and declares that it is necessary and expedient to issue $7,990,000 Taxable General Obligation Refunding Bonds, Series 2015C (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a current refunding of the City's outstanding $11,790,000 original principal amount of Taxable General Obligation Bonds, Series 2010A (Build America Bonds - Direct Pay), dated May 10, 2010 (the "Prior Bonds"); and C. WHEREAS, $8,435,000 aggregate principal amount of the Prior Bonds which matures or are subject to mandatory redemption on and after February 1, 2016 (the "Refunded Bonds"), is subject to extraordinary redemption on August 13, 2015 (the "Call Date"), at a price of par plus accrued interest, as provided in the Resolution adopted by the City Council on April 12, 2010 (the "Prior Resolution"); and D. WHEREAS, based upon information presently available from the City's financial advisor, the refunding of the Refunded Bonds on the Call Date is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and Packet Page Number 25 of 112 E2 June 10, 2015 City Council Meeting Minutes 25 E. WHEREAS, the City has retained Springsted Incorporated ("Springsted"), as its independent financial advisor, in connection with the sale of the Bonds, and therefore the City is authorized to negotiate the sale of the Bonds without compliance with the public sale requirements of Minnesota Statutes, Section 475.60; Subdivision 2(9); and F. WHEREAS, the proposals set forth on Attachment A attached hereto were received by the City Clerk, or designee, at the offices of Springsted, at 10:30 a.m. this same day pursuant to the Terms of Proposal established for the Bonds; and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of BMO Capital Markets GKST, Inc., in Chicago, Illinois (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $7,946,055.00, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Terms of Bonds. (a) Original Issue Date; Denominations; Maturities. The Bonds shall be dated July 8, 2015, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2016 $835,000 2022 $615,000 2017 905,000 2023 615,000 2018 880,000 2024 600,000 2019 850,000 2025 600,000 2020 655,000 2026 165,000 2021 640,000 2027 615,000 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation of Bonds to Prior Bonds; Allocation of Prepayments to Portions of Debt Service. The aggregate principal amount of $6,870,000 maturing in each of the years and amounts hereinafter set forth are issued to refund the Improvement Portion of the Prior Bonds (the "Improvement Refunding Portion") and the aggregate principal amount of maturing Packet Page Number 26 of 112 E2 June 10, 2015 City Council Meeting Minutes 26 $1,120,000 in each of the years and amounts hereinafter set forth are issued to refund the System Portion of the Prior Bonds (the "Utility Refunding Portion): Year Improvement Refunding Portion (Amount) Utility Refunding Portion (Amount) Total Amount 2016 $745,000 $ 90,000 $835,000 2017 805,000 100,000 905,000 2018 780,000 100,000 880,000 2019 750,000 100,000 850,000 2020 550,000 105,000 655,000 2021 540,000 100,000 640,000 2022 525,000 105,000 630,000 2023 515,000 100,000 615,000 2024 510,000 105,000 615,000 2025 495,000 105,000 600,000 2026 490,000 110,000 600,000 2027 165,000 165,000 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment is the general fund of the City, or other generally available source, the prepayment may be allocated to any of the portions of debt service in such amounts as the City shall determine. If the source of a prepayment is special assessments or taxes pledged to the Improvement Portion of the Prior Bonds, the prepayment shall be allocated to the Improvement Refunding Portion of debt service. If the source of prepayment is net revenues of the System pledged to the System Portion of the Prior Bonds, the prepayment shall be allocated to the Utility Refunding Portion of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). Packet Page Number 27 of 112 E2 June 10, 2015 City Council Meeting Minutes 27 (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). Packet Page Number 28 of 112 E2 June 10, 2015 City Council Meeting Minutes 28 (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with Packet Page Number 29 of 112 E2 June 10, 2015 City Council Meeting Minutes 29 paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings. The Bonds shall provide funds for a current refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the City. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2016, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2016 0.500% 2022 2.500% 2017 0.950% 2023 2.700% 2018 1.450% 2024 2.850% 2019 1.800% 2025 3.000% 2020 2.050% 2026 3.150% 2021 2.300% 2027 3.300% 5. Optional Redemption. Bonds maturing on February 1, 2025, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2024, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and Packet Page Number 30 of 112 E2 June 10, 2015 City Council Meeting Minutes 30 so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U. S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_______ $_________ TAXABLE GENERAL OBLIGATION REFUNDING BOND, SERIES 2015C Interest Rate Maturity Date Date of Original Issue CUSIP February 1, July 8, 2015 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for prior payment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2016, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly Packet Page Number 31 of 112 E2 June 10, 2015 City Council Meeting Minutes 31 appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. The Bonds of this issue (the "Bonds") maturing on February 1, 2025, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2024, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemption. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by Packet Page Number 32 of 112 E2 June 10, 2015 City Council Meeting Minutes 32 the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $7,990,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on June 8, 2015 (the "Resolution"), for the purpose of providing funds for a current refunding of the Issuer's Taxable General Obligation Bonds, Series 2010A (Build America Bonds - Direct Pay), dated May 10, 2010 which mature on and after February 1, 2016. This Bond is payable out of the Taxable General Obligation Refunding Bonds, Series 2015C Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been Packet Page Number 33 of 112 E2 June 10, 2015 City Council Meeting Minutes 33 executed by the Bond Registrar. Taxable Interest. The interest on this Bond is included in the gross income of the owner hereof purposes of United States income tax and to the same extent in both gross income and taxable net income for State of Minnesota income tax purposes. Not Qualified Tax-Exempt Obligation. This Bond has not been designated by the City as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the federal Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of the municipal water system and the sanitary sewer system (the "System") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Utility Refunding Portion of the Bonds, as defined in the Resolution, adequate to pay all principal and interest when due on the Utility Refunding Portion of the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on the Utility Refunding Portion of the Bonds as they respectively become due, if the net revenues from the System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U. S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota, Bond Registrar Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Packet Page Number 34 of 112 E2 June 10, 2015 City Council Meeting Minutes 34 By: Authorized Signature Clerk ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ___________ as custodian for ______________ (Cust) (Minor) under the _____________________ Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ___________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:_____________________ ___________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ (Include information for all joint owners if the Bond is held by joint account.) Packet Page Number 35 of 112 E2 June 10, 2015 City Council Meeting Minutes 35 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE AMOUNT AUTHORIZED SIGNATURE OF HOLDER 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of July 8, 2015. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Packet Page Number 36 of 112 E2 June 10, 2015 City Council Meeting Minutes 36 Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten Packet Page Number 37 of 112 E2 June 10, 2015 City Council Meeting Minutes 37 days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "Taxable General Obligation Refunding Bonds, Series 2015C Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Operation and Maintenance Account heretofore established for the Sewer System by the City shall continue to be maintained in the manner heretofore provided by the City. The Operation and Maintenance Account heretofore established for the Water System shall continue to be maintained in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Accounts shall constitute or are referred to as "net revenues" until the Utility Refunding Portion of the Bonds and the Outstanding Sewer Bonds have been paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all income and disbursements of the System as hereinafter set forth. The Finance Director and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon shall have been fully paid. There shall be maintained and created in the fund the "Payment Account" and a "Debt Service Account". (a) Payment Account. The proceeds of the Bonds shall be deposited in the Payment Account. On or prior to the Call Date, the Finance Director shall transfer $8,447,780.33 of the proceeds of the Bonds from the Payment Account to the paying agent for the Prior Bonds. The sums are sufficient, together with other funds on deposit in debt service fund for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds due after the Call Date, including the principal of the Refunded Bonds called for redemption on the Call Date. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the Debt Service Account. (b) Debt Service Account. There shall be maintained the following separate subaccounts in the Debt Service Account to be designated the "Improvement Refunding Debt Service Subaccount" and the "Utility Refunding Debt Service Subaccount". There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: Packet Page Number 38 of 112 E2 June 10, 2015 City Council Meeting Minutes 38 (i) Improvement Refunding Debt Service Subaccount. To the Improvement Refunding Debt Service Subaccount there is hereby pledged and irrevocable appropriated and there shall be credited: (1) any balance remaining after the Call Date, in the Prior Bonds Improvement Project Debt Service Subaccount created by the Prior Resolution; (2) any uncollected special assessments which were heretofore pledged for the payment of the Improvement Portion of the Refunded Bonds and are herein pledged to the payment of the Improvement Refunding Portion of the Bonds; (3) any collection of all taxes heretofore or hereafter levied for the payment of the Prior Bonds as a result of the Refunding; (4) a pro rata share of any funds remaining in the Payment Account after all costs of issuing the Bonds have been paid; (5) all investment earnings on funds in the Improvement Refunding Debt Service Subaccount; (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvement Refunding Debt Service Subaccount. The amount of any surplus remaining in the Improvement Refunding Debt Service Subaccount when the improvement Refunding Portion of the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. (ii) Utility Refunding Debt Service Subaccount. To the Utility Refunding Debt Service Subaccount there is hereby pledged and irrevocably appropriated and there shall be credited (1) the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Utility Refunding Portion of the Bonds; (2) any collections of all taxes which may hereafter be levied in the event that the net revenues of the System and other funds herein pledged to the payment of the principal and interest on the Utility Refunding Portion of the Bonds are insufficient therefor; (3) any balance remaining after the Call Date in the Prior Bonds System Improvements Project Debt Service Subaccount established by the Prior Resolution; (4) a pro rata share of any funds remaining in the Payment Account after all costs of issuing the Bonds have been paid; (5) all investment earnings on funds in the Utility Refunding Debt Service Subaccount; and (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Utility Refunding Debt Service Subaccount. The amount of any surplus remaining in the Utility Refunding Debt Service Subaccount when the Utility Refunding Portion of the Bonds are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable Packet Page Number 39 of 112 E2 June 10, 2015 City Council Meeting Minutes 39 therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to Improvement Refunding Portion of the Bonds. (a) Assessments. The City has heretofore levied special assessments pursuant to the Prior Resolution, which have been pledged to the payment of the principal and interest on the Improvement Portion of the Improvement Refunding Portion of the Prior Bonds. All uncollected special assessments are now pledged to the payment of principal of and interest on the Improvement Refunding Portion of the Bonds. The balance of the special assessments shall be payable in equal, consecutive, annual installments with general taxes for the years shown below and with interest on the declining balance of all such installments as follows: Improvement Designations Levy Years Collection Years Amount Rate White Bear Ave/Co.Rd D/ Stanich/Hills-Dale 2014-2025 2015-2026 $2,730,762.68 5.00% (b) Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Improvement Refunding Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount 2014-2025 2015-2026 See attached schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments herein pledged for the payment of the Improvement Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Improvement Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Bonds Improvement Refunding Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Improvement Portion of the Refunded Bonds, the taxes levied by the Prior Resolution in the years 2014 to 2025 shall be canceled. (c) General Obligation Pledge. For the prompt and full payment of the principal and interest on the Improvement Refunding Portion of the Bonds, as the same respectively Packet Page Number 40 of 112 E2 June 10, 2015 City Council Meeting Minutes 40 become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Improvement Refunding Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Improvement Refunding Portion of the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Improvement Refunding Debt Service Subaccount when a sufficient balance is available therein. 17. Covenants Relating to the Utility Refunding Portion. (a) Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and declared that the net revenues of the System are sufficient in amount to pay when due the principal of interest on the Utility Refunding Portion of the Bonds and a sum at least five percent in excess thereof. The net revenues of the Sewer System are sufficient in amount to pay when due the principal of and interest on the Outstanding Sewer Bonds and a sum at least five percent in excess thereof. The net revenues of the System are hereby pledged on a parity with the Outstanding Sewer Bonds and shall be applied for that purpose, but solely to the extent required to meet, together with other pledged sums, the principal and interest requirements of the Utility Refunding Portion of the Bonds. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues of the System may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (b) Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Utility Refunding Portion of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Utility Refunding Portion of the Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations". (c) Excess Net Revenues. Net revenues in excess of those required for the foregoing may be used for any proper purpose. (d) General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Utility Refunding Portion of the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Utility Refunding Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Utility Refunding Portion of the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Utility Refunding Debt Service Subaccount when a sufficient balance is available therein. 18. Prior Bonds; Security and Prepayment. Until retirement of the Prior Bonds, all Packet Page Number 41 of 112 E2 June 10, 2015 City Council Meeting Minutes 41 provisions for the security thereof shall be observed by the City and all of its officers and agents. The Refunded Bonds shall be redeemed and prepaid on the Call Date in accordance with the terms and conditions set forth in the Notice of Call for Extraordinary Redemption attached hereto as Exhibit A, which terms and conditions are hereby approved and incorporated herein by reference. 19. Supplemental Resolution. The Prior Resolution authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions hereof. 20. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 21. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 22. Taxable Status of the Bond. The City does not qualify the Bond as tax-exempt under the Internal Revenue Code of 1986, as amended. It is hereby determined that the Bond is to be issued as a fully taxable obligation, and all interest received on the Bond is to be included in the gross income of the Holder of any Bond for federal income taxation purposes and, to the same extent, in both gross income and taxable net income for state income taxation purposes. 23. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 24. Continuing Disclosure. The City is the sole obligated person with respect to the Packet Page Number 42 of 112 E2 June 10, 2015 City Council Meeting Minutes 42 Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 25. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Springsted is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 26. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Seconded by Councilmember Koppen Ayes – All The motion passed. Packet Page Number 43 of 112 E2 June 10, 2015 City Council Meeting Minutes 43 2. Gas Franchise Ordinances a. Approval of Second Reading of Revised Gas Franchise Ordinance b. Approval of Second Reading of New Gas Franchise Fee Ordinance to Fund Additional Road Repair c. Approval of Gas Franchise Ordinance Summary Publication (Super Majority Vote) d. Approval of Gas Franchise Fee Ordinance Summary Publication (Super Majority Vote) Public Works Director/City Engineer Thompson gave the staff report. Councilmember Juenemann moved to approve the second reading of Revised Gas Franchise Ordinance. Ordinance 948 GAS FRANCHISE An ordinance granting to Northern States Power Company, a Minnesota Corporation, D/B/A/ Xcel Energy its successors and assigns, permission to erect a gas distribution system for the purposes of constructing, operating, repairing and maintaining in the City of Maplewood, Minnesota, the necessary gas pipes, mains and appurtenances for the transmission or distribution of gas to the City and its inhabitants and others and transmitting gas into and through the City and to use the public ways and public grounds of the City for such purposes. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, DOES ORDAIN: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Maplewood, County of Ramsey, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regular Gas retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern State Power Company, a Minnesota corporation, d/b/a/ Xcel Energy its successors and assigns. Gas. “Gas” as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by Company for the purpose of providing gas service for public use. Packet Page Number 44 of 112 E2 June 10, 2015 City Council Meeting Minutes 44 Notice. A written notice served by one party on the other party referencing one or more provision of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Clerk, City Hall, 1830 East County Rd B, Maplewood, MN 55109. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and Packet Page Number 45 of 112 E2 June 10, 2015 City Council Meeting Minutes 45 maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company’s construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City’s request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City’s improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’ permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvement, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient Packet Page Number 46 of 112 E2 June 10, 2015 City Council Meeting Minutes 46 length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City’s cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City’s proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non- Betterment Costs on a time and materials basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company’s expense to relocate or remove its Gas Facilities from Public Ground upon finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of- way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provision of this franchise apply only to facilities constructed in the reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company’s rights under state or county permit. SECTION 5. TREE TRIMMING. Company is also granted permission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, Packet Page Number 47 of 112 E2 June 10, 2015 City Council Meeting Minutes 47 provided that Company shall save City harmless from any liability in the premises. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City’s negligence as to the issuance of permits for, or inspection of, Company’s plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company’s determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right- of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, assent and consent to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee, for the sole purpose of recovering the cost to maintain and operate streets, sidewalk, and trails, by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts: Packet Page Number 48 of 112 E2 June 10, 2015 City Council Meeting Minutes 48 Class Fee Per Premise Per Month Residential $2.50 Commercial Firm Non-Demand $6.00 Commercial Firm Demand $75.00 Small Interruptible $50.00 Medium and Large Interruptible $100.00 9.2 Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 “Customer Class” shall refer to the classes listed on the Fee Schedule and as defined or determined in Company’s gas tariffs on file with the Commission. 9.3.2 “Fee Schedule” refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its gas tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for gas service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for Packet Page Number 49 of 112 E2 June 10, 2015 City Council Meeting Minutes 49 uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of the energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purposes of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED This franchise supersedes any previous Gas franchise granted to Company or its predecessor. Packet Page Number 50 of 112 E2 June 10, 2015 City Council Meeting Minutes 50 Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Juenemann moved to approve the second reading of New Gas Franchise Fee Ordinance to Fund Additional Road Repair. Ordinance 949 GAS FRANCHISE FEE AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF MAPLEWOOD. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN: SECTION 1. The City of Maplewood Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Maplewood City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide gas services within the City of Maplewood. (a) Pursuant to City Ordinance a Franchise Agreement between the City of Maplewood and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy October, 2015 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Packet Page Number 51 of 112 E2 June 10, 2015 City Council Meeting Minutes 51 Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. Subdivision 5. Record Support for Payment. Xcel Energy shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided above. Subdivision 8. Sunset Date of Franchise Fee. The termination of this Ordinance shall take effect on December 31, 2035. Changes or adjustments to terms of this Ordinance shall follow the process outlined in Subdivision 11 of the Franchise Agreement. Subdivision 9. City Use and Reporting of Franchise Fee Revenue. The City shall deposit said franchise fee revenue into a city fund titled “Street Use Revitalization Fund (SURF)” of which all franchise fee proceeds shall be used for the specific use of preserving and repairing city streets including, but not limited to, methods such as crack seal, fog seal, mill and overlay, hot in place recycle, cold in place recycle, and full depth reclamation. Each year the City shall prepare and publish a report detailing the additional preservation and repair projects able to be completed with said franchise revenue. SCHEDULE A Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Rate Classification Gas Franchise Fee Amount Per Premise Residential $ 2.50 Commercial Non Demand $ 6.00 Commercial Demand $ 75.00 Small Interruptible $ 50.00 Medium and Large Interruptible $ 100.00 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the Packet Page Number 52 of 112 E2 June 10, 2015 City Council Meeting Minutes 52 City on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. Seconded by Councilmember Koppen Ayes – All The motion passed. Councilmember Cardinal moved to approve the revised Gas Franchise Ordinance Summary Publication. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Abrams moved to approve the new Gas Franchise Fee Ordinance Summary Publication. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Stormwater Ordinances and Standards a. Approval of Second Reading of Revised Stormwater Related Ordinances b. Approval of Revised Stormwater Related Ordinances Summary Publication (Super Majority Vote) Public Works Director/City Engineer Thompson gave the staff report. Councilmember Juenemann moved to approve the second reading of the Revised Stormwater Related Ordinances. Ordinance 950 CODE OF ORDINANCES Chapter 18 - ENVIRONMENT ARTICLE III. EROSION AND SEDIMENTATION CONTROL Sec. 18-141. Purpose. Sec. 18-142. Scope. Sec. 18-143. Definitions. Sec. 18-144. Erosion and sediment control plan. Sec. 18-145. Review of plan. Sec. 18-146. Modification of plan. Sec. 18-147. Escrow requirement. Sec. 18-148. Enforcement; penalty. Secs. 18-149—18-175. Reserved. Sec. 18-141. Purpose. The purpose of this article is to control or eliminate soil erosion and sedimentation within the city. Packet Page Number 53 of 112 E2 June 10, 2015 City Council Meeting Minutes 53 This article establishes standards and specifications for conservation practices and planning activities which minimize soil erosion and sedimentation. (Code 1982, § 11.5-1) Sec. 18-142. Scope. Except as exempted by the definition of the term "land disturbance activity" in section 18-143, any person, state agency, or political subdivision thereof proposing land disturbance activity within the city shall apply to the city for a grading permit, submit an erosion and sediment control plan, and sign an erosion control compliance agreement. No land shall be disturbed until the erosion control compliance agreement has been signed, the erosion and sediment control plan has been approved, installed erosion and sediment control best management practices have been inspected by City staff, and the grading permit has been issued. The erosion and sediment control plan shall conform to the standards set forth in this article and meet the requirements for erosion and sediment control and waste controls in accordance with the MPCA’s Construction Stormwater Permit as defined in section 18-143. (Code 1982, § 11.5-2) Sec. 18-143. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person, business, corporation, state agency, or political subdivision thereof who is submitting for coverage under one of the City’s permits or submitting design plans for review by the City. Best Management Practices or BMPs means practices to prevent or reduce the pollution of the stormwater runoff, including schedules of activities, prohibition of practices, and other management practices, and also includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. BMP Manual means the MPCA’s most current Stormwater Best Management Practices Manual. Developer means a person, business, corporation, legal entity, state agency, or political subdivision thereof engaged in a land disturbance activity. Erosion means any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by human and/or natural activities. Erosion and sediment control plan means a document containing the requirements of section 18- 144 that, when implemented, will decrease soil erosion on a parcel of land being developed, as well as off-site sediment damages. Erosion control compliance agreement means a document stating that all BMPs will be installed and inspected prior to any land disturbing activities, the BMPs will be maintained throughout the entirety of the project, and that the project site will be stabilized prior to granting a Certificate of Occupancy and/or release of any grading permit escrow. Land disturbance activity means land change that may result in soil erosion from water, wind, ice, or gravity and the movement of sediments into or upon waters or lands of the city, adjacent cities or any adjacent properties, including clearing, grading, excavating, transporting and filling of land. The term, "land disturbance activity", does not mean the following: Packet Page Number 54 of 112 E2 June 10, 2015 City Council Meeting Minutes 54 (1) Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs, and maintenance work. (2) Construction, installation, and maintenance of electric, telephone, and cable television utility lines or individual service connections to these utilities, except where a minimum of 10,000 square feet of land disturbance can be anticipated. (3) Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural crops. (4) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles. (5) Emergency work to protect life, limb, or property and emergency repairs. However, if the land disturbing activity would have required an approved erosion and sediment control plan except for the emergency, the land area disturbed shall be shaped and stabilized in accordance with the requirement of the local plan-approving authority or the district when applicable. MPCA means the Minnesota Pollution Control Agency. MPCA’s Construction Stormwater Permit means the most current adopted Minnesota Pollution Control Agency general permit to Discharge Stormwater Associated with Construction Activity. MSMS means the most current version of the Maplewood Stormwater Management Standards. Sediment means solid mineral or organic material that, in suspension, is being transported or has been moved from its original site by air, water, gravity, or ice and has been deposited at another location. Sedimentation means the process or action of depositing sediment that is determined to have been caused by erosion. (Code 1982, § 11.5-3) Cross reference— Definitions generally, § 1-2. Sec. 18-144. Erosion and sediment control plan. (a) Required. Every applicant for a building permit, a subdivision approval, grading permit, or a permit to allow land disturbing activities must submit an erosion and sediment control plan to the City. No building permit, subdivision approval, grading permit, or permit to allow land disturbing activities shall be issued until approval of the erosion and sediment control plan. (b) Criteria addressed. The erosion and sediment control plan shall meet the requirements of the MPCA’s Construction Stormwater Permit and the MSMS. (c) Contents of plan. The erosion and sediment control plan shall meet the plan requirements of the MPCA’s Construction Stormwater Permit and the MSMS. (Code 1982, § 11.5-4) Sec. 18-145. Review of plan. (a) Generally. The city appoints a staff member to review the erosion and sediment control plan. The most current version of the MPCA’s BMP Manual and the MSMS are the reference for erosion and Packet Page Number 55 of 112 E2 June 10, 2015 City Council Meeting Minutes 55 sediment control practice specifications in the city. (b) Approval process. If the city determines that the erosion and sediment control plan meets the requirements of this article, the developer will be instructed to proceed with the installation of the proposed erosion and sediment control BMP’s. Once the erosion and sediment control BMP’s are installed the applicant will contact the city for a field inspection. If additional BMP’s are found to be required or if there are any adjustments to the installed BMP’s the city shall notify the applicant. A follow up inspection will be scheduled after the requested changes are made. Once the field inspection has been approved the city shall issue a permit, valid for a specified period of time, that authorizes the land disturbance activity contingent on the implementation and completion of the erosion and sediment control plan. (c) Denial. If the city determines that the erosion and sediment control plan does not meet the requirements of this article, the city shall not issue a permit for the land disturbance activity. The erosion and sediment control plan must be resubmitted for approval before the land disturbance activity begins. All land use and building permits must be suspended until the applicant has an approved erosion and sediment control plan. (d) Permit suspension. If the city determines that the approved erosion and sediment control plan is not being implemented according to that schedule or the control measures are not being properly maintained, all land use and building permits must be suspended until the applicant has fully implemented and maintained the control measures identified in the approved erosion and sediment control plan. (Code 1982, § 11.5-5) Sec. 18-146. Modification of plan. An approved erosion and sediment control plan may be modified on submission of an application for modification to the city and subsequent approval by the city engineer or appointed staff member. In reviewing such application, the city may require additional reports and data. (Code 1982, § 11.5-6) Sec. 18-147. Escrow requirement. After approval of an erosion and sediment control plan, the city shall require the applicant to escrow a sum of money sufficient to ensure the installation, completion, and maintenance of the erosion and sediment control plan and practices. The escrow may be reduced, upon request, after phases of the project are complete. The escrow amount will vary depending on the size and scope of the project. Upon project completion, all remaining escrow shall be returned to the applicant. (Code 1982, § 11.5-7) Sec. 18-148. Enforcement; penalty. (a) The city shall be responsible for the enforcement of this article. (b) Any person who fails to comply with or violates any section of this article shall be charged with of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1- 15. All land use and building permits shall be suspended until the applicant has corrected the violation and amended the erosion and sediment control plan for the land disturbance activity. Each day that a separate violation exists shall constitute a separate offense. Packet Page Number 56 of 112 E2 June 10, 2015 City Council Meeting Minutes 56 (c) Remedies not exclusive: The remedies listed in this division are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the City of Maplewood to seek cumulative remedies. The City of Maplewood may recover all attorneys’ fees, court costs, and clean up costs associated with enforcement of this division including sampling and monitoring expenses. The City may recover all fees and costs by assessing the costs to the property. (d) Compatibility with other regulations: This ordinance is not intended to modify or repeal any other ordinance, rule regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (e) Severability: If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. (Code 1982, § 11.5-8) Secs. 18-149—18-175. Reserved. FOOTNOTE(S): --- (5) --- Cross reference— Erosion control and soils, § 12-309; streets, sidewalks and other public places, ch. 32. State Law reference— Soil erosion generally, Minn. Stats. § 103F.401 et seq.; authority of city to adopt a soil erosion ordinance, Minn. Stats. § 103F.405. CODE OF ORDINANCES Chapter 18 - ENVIRONMENT ARTICLE VII. STORMWATER MANAGEMENT (1) ARTICLE VII. STORMWATER MANAGEMENT Sec. 18-271. Applicability. Sec. 18-272. Erosion control. Sec. 18-273. Illicit discharges. Sec. 18-274. Regulating use of coal tar-based sealer products. Secs. 18-275—18-300. Reserved. Sec. 18-271. Applicability. The Maplewood Stormwater Management Standards (MSMS) serves as the guiding document for stormwater design within the City of Maplewood. The City Engineer or qualified designated city staff shall use engineering judgment during the design or review of storm sewer systems to determine if the design meets the requirements and/or intent of the MSMS. All new development and redevelopment projects meeting and/or exceeding the thresholds for disturbed area and/or new impervious surface area, as defined by the MSMS, shall meet the requirements for runoff rates and water quality treatment as set forth by the MSMS. a) Runoff rates. Runoff rates resulting from a project subject to the standards shall not exceed the pre- Packet Page Number 57 of 112 E2 June 10, 2015 City Council Meeting Minutes 57 project runoff rates for the two-year, ten-year, and 100-year critical duration storm events. b) Water quality treatment. To the maximum extent practicable the required infiltration volume, as defined by the MSMS, shall be met onsite. 1) All proposed infiltration and filtration practices shall meet the requirements of the MSMS. 2) For projects where infiltration or filtration is not feasible, or is prohibited as described in the MSMS, the project must meet the mitigation provision of the MSMS. (Ord. No. 903, § 2, 6-14-2010) Sec. 18-272. Erosion control. Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term "land disturbance activity" in the city's erosion and sedimentation control ordinance provided in section 18-143. (Ord. No. 903, § 2, 6-14-2010) Sec. 18-273. Illicit discharges. (a) Definitions: The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly specifies a different meaning: (1) Illicit Connection means any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any non- stormwater discharge such as sewage, process wastewater, and wash water, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency. (2) Illicit Discharge means any discharge to a municipal separate storm sewer system that is not composed entirely of stormwater except discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit (other than the NPDES permit for discharges from the municipal separate storm sewer system) and discharges resulting from firefighting activities. (3) Municipal Separate Storm Sewer System (MS4) means a stormwater conveyance or unified stormwater conveyance system (including but not limited to roads with drainage systems, municipal streets, catch basins, stormwater detention facilities, water quality treatment systems, curbs, gutters, ditches, natural or man-made channels, or sidewalks) owned and operated by the City of Maplewood and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage. (4) Non-stormwater means any discharge to the municipal storm sewer system that is not composed entirely of stormwater. (5) Street Wash Water means water utilized by the City of Maplewood in sweeping/cleaning of streets. (6) Stormwater means any surface flow, runoff, and drainage consisting entirely of water in the form of natural precipitation, and resulting from such precipitation. (7) Storm Sewer System means any facility by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detentions basins, natural and human made or altered drainage channels, reservoirs, water quality treatment systems, and other drainage structures. (b) Prohibition of illicit discharges: No person shall throw, drain, or otherwise discharge, cause, or allow others under their control to throw, drain, or otherwise discharge into the MS4 any non-stormwater, pollutants, or waters containing any pollutants other than stormwater. The following discharges are Packet Page Number 58 of 112 E2 June 10, 2015 City Council Meeting Minutes 58 exempt: (1) Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, irrigation water, individual residential car washing, dechlorinated swimming pool discharges, street wash water, and any other water source not containing pollutants; (2) Discharges or flows from fire fighting, and other discharges specified in writing by the city as being necessary to protect public health and safety; (3) The prohibition provision above shall not apply to any non-stormwater discharge permitted under an National Pollutant Discharge Elimination System (NPDES) permit or order issued to the discharger and administered under the authority of the Minnesota Pollution Control Agency and the U.S. Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the (municipal/county) separate storm sewer system. (4) These requirements do not replace or supersede other city ordinances, watershed district rules or permit requirements, or state and federal rules or permits required for the project. (c) Prohibition of illicit connections: No person shall use any illicit connection to intentionally convey non-stormwater to a storm sewer system . The construction, use, maintenance or continued existence of illicit connections to a storm sewer system is prohibited. This prohibition includes, without limitation; illicit connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of connection. (d) Inspection, monitoring, and testing: In response to a reported and/or identified illicit discharge the City shall track the illicit discharge back to its source. a. The City Engineer and other duly authorized employees of the City, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties in the city utilizing proper procedures for the purpose of inspection, observation, emergency response, measurement, sampling and testing in connection with illicit discharge and the operation of the storm sewer system. b. The City of Maplewood shall be permitted to enter and inspect facilities subject to regulation under this division as necessary to determine compliance with this division. c. The City of Maplewood shall have the right to set up at any storm sewer system devices necessary in the opinion of the City to conduct monitoring, sampling and/or dye testing of the facility’s stormwater discharge without need of securing any easement, license or permit from the landowner. (e) Violations, penalties and remedies: It shall be unlawful to violate any provisions or fail to comply with any of the requirements of this ordinance. The following is a list of penalties and remedies that are available to the City and can be used to enforce violations, depending on their severity: (1) The City may send a letter of notice explaining to the person(s) responsible for the violation what activities need to change and potential impacts that continuing such activities may have. (2) The City may send a code enforcement letter to the person(s) responsible for the violation explaining what activities need to change, the cleanup measures that need to performed by the individual(s), a deadline for completing the cleanup work, and the penalties for failing to meet the cleanup deadline. (3) The City may take legal action against any person(s) violating any provision of this article. Any person(s) violating any provision of this article may be charged with a misdemeanor and be subject to criminal penalties and restitution, if any. (4) In the event the violation constitutes an immediate danger to public health or safety, the city is authorized to enter upon the subject property without giving prior notice to take any and all measures necessary to abate the violation and/or restore the property. In the event that the City is forced to perform such abatement, the costs shall be assessed to the property. Packet Page Number 59 of 112 E2 June 10, 2015 City Council Meeting Minutes 59 (5) The City may, without prior notice, suspend storm sewer system access to any building/site when such suspension is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the storm sewer system or surface waters. (6) Failure to comply with a suspension order issued in an emergency will result in any process deemed necessary to prevent or minimize damage to the storm sewer system or surface waters, or to minimize danger to persons or property. (f) Remedies not exclusive: The remedies listed in this division are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the City of Maplewood to seek cumulative remedies. The City of Maplewood may recover all attorneys’ fees, court costs, and clean up costs associated with enforcement of this division including sampling and monitoring expenses. The City may recover all fees and costs by assessing the costs to the property. (g) Compatibility with other regulations: This ordinance is not intended to modify or repeal any other ordinance, rule regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (h) Severability: If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. (Ord. No. 903, § 2, 6-14-2010) Sec. 18-274. Regulating use of coal tar-based sealer products. (a) Purpose. The city understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. Regulation of sealer products within the city is needed in order to protect, restore, and preserve the quality of its waters. (b) Definitions. Asphalt-based sealer. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. Coal tar. A byproduct of the process used to refine coal. Coal tar-based sealer. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. PAHs (polycyclic aromatic hydrocarbons). A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances present in coal tar and believed harmful to humans, fish, and other aquatic life. (c) Prohibitions. (1) No person shall apply any coal tar-based sealer to any driveway, parking lot, or other surface within the city. (2) No person shall contract with any commercial sealer product applicator, residential or Packet Page Number 60 of 112 E2 June 10, 2015 City Council Meeting Minutes 60 commercial developer, or any other person for the application of any coal tar-based sealer to any driveway, parking lot, or other surface within the city. (3) No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar-based sealer to any driveway, parking lot, or other surface within the city. (d) Exemption. Upon the express written approval from both the City and the MPCA, a person conducting bona fide research on the effects of coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in section 18-274. (e) Asphalt-based sealcoat products. The provisions of this article shall only apply to use of coal tar- based sealer in the city and shall not affect the use of asphalt-based sealer products within the city. (Ord. No. 903, § 2, 6-14-2010) Secs. 18-275—18-300. Reserved. FOOTNOTE(S): --- (7) --- Editor's note— Ord. No. 903, § 2, adopted June 14, 2010, set out provisions intended for use as §§ 18-180—18-183. For purposes of sequential numbering, and at the editor's discretion, these provisions have been included as §§ 18-271—18-274. CODE OF ORDINANCES Chapter 40 - UTILITIES ARTICLE II. - SEWERS DIVISION 1. GENERALLY a. DIVISION 1. GENERALLY Sec. 40-26. Operation of municipal sanitary sewer system as public utility. Sec. 40-27. Discharges from properties. Sec. 40-28. Right of entry. Sec. 40-29. Causing damage to sewer system. Sec. 40-30. Variations from requirements of article. Sec. 40-31. Violations of article. Secs. 40-32—40-60. Reserved. Sec. 40-26. Operation of municipal sanitary sewer system as public utility. The entire municipal sanitary sewer system of the city shall be operated as a public utility and convenience from which revenues will be derived, subject to this article. (Code 1982, § 28-1) Sec. 40-27. Discharges from properties. No person shall discharge out of or permit to flow from any residence or place of business or any other property operated or owned by such person any foul or odorous liquids, slops or substances into any street, lane, private ground, or public ground within the city or into any body of water, stream or Packet Page Number 61 of 112 E2 June 10, 2015 City Council Meeting Minutes 61 ditch, except into a sanitary sewer pursuant to this article. Violation of this ordinance may be deemed as an illicit discharge in accordance with Sec. 18-273. (Code 1982, § 28-2) Sec. 40-28. Right of entry. The city engineer and other duly authorized employees of the city, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties in the city utilizing proper procedures for the purpose of inspection, observation, measurement, emergency response, sampling and testing in connection with the operation of the municipal sanitary sewer system. (Code 1982, § 28-3) Sec. 40-29. Causing damage to sewer system. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewer system. (Code 1982, § 28-4) Sec. 40-30. Variations from requirements of article. The city sewer inspector may permit variations from the strict application of any of the sections of this article if satisfied that there are special circumstances or conditions affecting the premises for which the variation is requested and that the granting of such variation will not materially adversely affect health, safety or general welfare or public or private property. Any variation permitted under this section must be noted on the permit. (Code 1982, § 28-5) Sec. 40-31. Violations of article. Unless expressly otherwise provided, any person found guilty of violating any section of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1- 15 and or to the extent allowed under Minnesota law and may also be required to pay any restitution for costs associated with the violation, e.g. clean-up costs borne by the City. (Code 1982, § 28-6) Secs. 40-32—40-60. Reserved. Seconded by Councilmember Koppen Ayes – All The motion passed. Councilmember Juenemann moved to approve the revised Stormwater Related Ordinances Summary Publication. Seconded by Councilmember Koppen Ayes – All The motion passed. Packet Page Number 62 of 112 E2 June 10, 2015 City Council Meeting Minutes 62 J. NEW BUSINESS 1. Approval of Design Review and a Reciprocal Easement Agreement, Beam Avenue Medical Building, Northeast of Beam and White Bear Avenues, Between Walgreens and Maplewood Heights Park City Planner Martin gave the staff report and answered questions of the council. Applicant Dan Regan of Launch Properties addressed the council to give additional information and answer questions. Councilmember Juenemann moved to: 1. Approve the site and design plans, date-stamped May 13, 2015, for the medical office building to be located northeast of the Beam and White Bear avenues intersection, east of the Walgreens. Approval is subject to the applicant doing the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1) Revised grading/landscaping/drainage/utility plans which comply with all city engineering department requirements as specified in the May 20, 2015 engineering report. 2) Revised photometric plan meeting code requirements. 3) Any needed watershed district approval. 4) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 5) Submit to community development staff, an approved easement agreement between the applicant and the city outlining the use and maintenance of city park land and the shared parking lot. 6) The 2011 city council approved vacation of the unused right-of-way between the applicant’s parcel and the city park parcel must be recorded with Ramsey County. 7) Revise the site plan to extend the sidewalk to access the road and explore the potential of cross stripping for pedestrian access to Walgreens, subject to staff approval. c. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and underground irrigation. Packet Page Number 63 of 112 E2 June 10, 2015 City Council Meeting Minutes 63 4) Screen or paint the rooftop mechanical equipment to match the building color. All rooftop equipment shall be screen from the residential properties to the north and south. 5) Install all required outdoor lighting. 6) Install fencing along any retaining walls built as part of this project, subject to staff approval. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. e. All work shall follow the approved plans. The director of community development may approve minor changes. 2. Authorize the City Manager to enter into a Reciprocal Easement Agreement with Launch Properties at Maplewood Heights Park for the use of 7,500 square feet of park land for a shared parking lot. Approval is subject to the applicant doing the following: a. The City will receive a full PAC contribution from the project. b. The City will receive site improvements related to the parking area trail and parking lot. c. Four exclusive use spots for park patrons, to be indicated by a permanent sign. d. Trail relocation, as agreed upon with parks department staff. e. Improvements made by the developer to city parks, not to exceed $20,000, this can also be paid as an additional PAC fee. f. Developer agrees to provide year round maintenance of the proposed parking lot and allow the City access to all of the additional parking stalls. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval to Enter into Contract for Services with Susan Fronk for Business Engagement Plan and Outreach Activities Parks & Recreation Director Konewko gave the staff report and answered questions of the council. Commissioner Mark Jenkins gave the Housing and Economic Development report. Packet Page Number 64 of 112 E2 June 10, 2015 City Council Meeting Minutes 64 Susan Fronk of Turning Point Consulting Group, Inc. addressed the council to give additional information and answer questions. Councilmember Abrams moved to approve the Contract for Services in the amount of $36K with Susan Fronk for Business Engagement Plan and Outreach Activities and authorize the city manager sign said agreement. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of Joy Park Shelter Public Art Project Parks & Recreation Director Konewko introduced the staff report. Parks Manager Taylor gave the staff report and answered questions of the council. Councilmember Koppen moved to approve the Joy Park Project and authorize the City Manager to enter into a contract with the design team for construction and installation of the project with a budget not to exceed $200,000 out of the Park Development Fund. The Finance Director is authorized to establish a budget of $200,000 in the Park Development Fund for this project. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Approval of an Amendment to Discharge of Firearms Ordinance – First Reading Police Chief Schnell gave the staff report and answered questions of the council. City Planner Martin answered additional questions of the council. Councilmember Koppen moved to approve the first reading of the proposed amendment to Weapons and Explosives Ordinance, Chapter 24, Article IV, Division 2. Seconded by Councilmember Abrams Ayes – All The motion passed. 5. Approval of Resolution Establishing a Solicitation Policy City Attorney Kantrud gave the staff report. Councilmember Cardinal moved to approve the resolution establishing a solicitation policy. Resolution 15-6-1222 RESOLUTION ESTABLISHING A SOLICITATION POLICY WHEREAS, Section 465.03 of Minnesota Statutes states: “Any city, county, school district or town may accept a grant or Packet Page Number 65 of 112 E2 June 10, 2015 City Council Meeting Minutes 65 devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every such acceptance shall be by resolution of the governing body adopted by a two-thirds majority of its members, expressing such terms in full.” And WHEREAS, the state law requires the City Council to formally accept a gift of cash or tangible property before it may be accepted, expended, and used by a city department, board, commission, official, or employee; and WHEREAS, the City Manager and City Attorney were charged to analyze solicitation practices and recommend options; and WHEREAS, the City Manager and City Attorney now recommend this policy to permit solicitation for city purposes if pre-approved by the City Council and conducted pursuant to a City Council approved solicitation policy; and WHEREAS, gifts to the City are beneficial because they promote or assist public programs and projects and reduce the need for expenditure of general public funds; and WHEREAS, despite the public benefits, gifts solicited or offered to the City must be scrutinized to assure that they do not raise conflict of interest problems, special treatment concerns, or other ethical issues and; NOW, THEREFORE, BE IT RESOLVED that the City Council approves the attached Exhibit A as the City’s policy for the solicitation and receipt of gifts to the City; and BE IT FURTHER RESOLVED that this Resolution shall take effect on July 1, 2015; and BE IT FINALLY RESOLVED that the City Clerk is directed to transmit certified copies of this Resolution to every elected or appointed local official and department head. Seconded by Councilmember Koppen Ayes – All The motion passed. K. AWARD OF BIDS None Packet Page Number 66 of 112 E2 June 10, 2015 City Council Meeting Minutes 66 L. VISITOR PRESENTATION 1. Therese Privette, Principle of North Metro Flex Academy M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update City Manager Coleman gave the update to the council calendar and shared information on the July 4th event to be held at Hazelwood Park. Police Chief Schnell reported on the Maplewood Torch Run 5K for Special Olympics Minnesota that will be taking place on Saturday, June 13, 2015 at Maplewood Mall. N. COUNCIL PRESENTATIONS 1. Roseville School Superintendent Councilmember Juenemann reported on the Open House that was held for Superintendent John Thein who retired after 27 years with Roseville Schools 2. District 622 Schools Councilmember Cardinal reported that Ms. Christine Osorio has been hired as superintendent of the North St. Paul-Maplewood-Oakdale School District. 3. My Brothers’ Keeper Event City Manager Coleman reported on the My Brothers’ Keeper event that took place at the Maplewood Community Center on June 2, 2015. 4. Reminder About Recreational Fires Fire Chief Lukin reminded residents of the recreational fire ordinance and where they can obtain information on recreational fires. 5. Regional Council Mayors - Summit on Entrepreneurship Mayor Slawik reported on the Regional Council of Mayors meeting she attended on June 8, 2015 that focused on entrepreneurship. 6. Pathways to Success This item was added to the agenda but was not discussed. O. ADJOURNMENT Mayor Slawik adjourned the meeting at 9:05 p.m. Packet Page Number 67 of 112 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: June 15, 2015 SUBJECT: Recognition of Nick Carver for Receiving the “Raising the Profile” Award Introduction Each year the International Code Council chooses one individual from the international community to highlight the “Raising the Profile” achievements. The purpose of the award is to recognize the contributions of the person towards raising the public awareness and accomplishments concerning improvements of public safety in the building environment. Background Maplewood received the distinct honor of being nationally recognized during a rooftop gala on May 27, 2015. The event was sponsored by the International Code Council (ICC) and attendees included ICC leaders as well as leaders from various national agencies such as the EPA. The ICC brought Maplewood’s Building Official, Nick Carver to Washington DC to present the annual “Raising the Profile” award to him during building safety month. As part of the celebration Nick was able to share the positive work being done in Maplewood and as a result Maplewood’s story will be posted in several related magazines, ICC Building Safety Journal and other editorials. Nick was instrumental in making Maplewood the first jurisdiction in the Midwest to adopt the 2012 International Green Construction Code (IgCC) as it’s Green Building Program Ordinance in September 2013. The program mandated the 2012 IgCC be applied as the minimum requirement for construction projects owned and financed by the City of Maplewood, as determined by the City Manager and approved by the City Council. Before Maplewood’s adoption of the 2012 IgCC, Nick played a crucial role developing an exploratory green building program that promoted effective and efficient green construction practices throughout the city. He saw the program as an incentive for developers that wanted to increase the value of their buildings while decreasing operating expenses. Upon receiving the award, Nick acknowledged that he would be taking the award back to the City of Maplewood because the award was earned as a team. In Nick’s words, “One person may raise the profile but it takes an army of people to hold it up. The City of Maplewood is doing all the right things, at the right time, for all the right reasons. In Maplewood we will raise the profile together and hold it high for others to join. Maplewood makes a difference.”   The City of Maplewood would like to recognize Nick Carver for his efforts in raising awareness around building safety and building codes. F1 Packet Page Number 68 of 112 Budget Impact None Recommendation No action is required. Attachments None F1 Packet Page Number 69 of 112 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 70 of 112 TO:Melinda Coleman, City Manager FROM:Gayle Bauman, Finance Director DATE: SUBJECT:Approval of Claims 912,483.45$ Checks # 95198 thru # 95234 dated 05/29/15 thru 06/09/15 386,992.66$ Disbursements via debits to checking account dated 06/01/15 thru 06/05/15 66,261.85$ Checks #95235 thru #95270 dated 06/16/2015 519,787.57$ Disbursements via debits to checking account dated 06/08/15 thru 06/12/15 1,885,525.53$ Total Accounts Payable 580,848.08$ Payroll Checks and Direct Deposits dated 06/05/15 1,151.53$ Payroll Deduction check # 9994957 thru #9994959 dated 05/08/15 581,999.61$ Total Payroll 2,467,525.14$ 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 June 16, 2015 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 Packet Page Number 71 of 112 Check Description Amount 95198 02464 FUNDS FOR CITY HALL ATM 10,000.00 95199 00211 PROJ 12-09 PROF SRVS THRU 5/15 5,890.50 95200 05339 TRAILER RENTAL - STORAGE 375.00 95201 00585 NET BILLABLE TICKETS - MAY 1,067.30 95202 01202 PARKS & REC BROCHURE MAY-AUG 13,976.39 95203 01409 PROJ 14-12 BLDG ASSET MGMT 5,184.00 01409 MCC AQUATIC CENTER HVAC SYSTEM 449.40 01409 TRIP GENERATION REPORT 134.58 01409 PROJ 13-11 REVIEW SITE BEAM/C0 VIEW 120.87 95204 01190 ELECTRIC UTILITY 14,664.81 01190 ELECTRIC UTILITY 625.29 01190 GAS UTILITY 216.43 01190 ELECTRIC UTILITY 55.32 01190 ELECTRIC UTILITY 47.71 01190 ELECTRIC UTILITY 15.43 95205 00043 QUARTERLY SRVS - CITY HALL & PW 159.00 00043 QUARTERLY SRVS - CITY HALL & PW 85.00 95206 05026 TENNIS INSTRUCTION 154.00 95207 04848 MONTHLY PREMIUM - JUNE 223.61 95208 03645 RENTAL BACKUP GENERATOR 4/15-5/13 1,037.50 95209 00412 LEADERSHIP GROWTH - A HUTCHINSON 600.00 95210 04371 FIRE STATION 2 MIGRATION/INSTALLATION 4,121.00 04371 1902 S2 MIGRATION/INSTALLATION 3,049.60 04371 FIRE STATION 3 MIGRATION/INSTALLATION 2,120.14 04371 MCC S2 MIGRATION/INSTALLATION 2,051.15 95211 05283 SCBA'S - GRANT ITEM 407,631.42 95212 02929 LTC MONTHLY PREMIUM - JUNE 201.38 95213 05476 SRVS FOR ART GRANT ASSISTANCE 937.50 95214 05030 EQUIP LEASE - MCC - PMT#35 4,344.07 95215 05536 PRESENTATION AT NC 100.00 95216 00843 PLANTS FOR MANTON RAINGARDEN 619.25 95217 03818 MONTHLY PREMIUM - JUNE 171,214.31 95218 01126 MONTHLY PREMIUM - JUNE 448.00 95219 05356 VIDEOGRAPHER SRVS - APRIL 961.40 95220 05496 LEADERSHIP CONSULTING/COACHING 225.00 95221 00001 REFUND A THORSEN MEMBERSHIP/HP 123.96 95222 00001 REFUND S O'KEEFE HP BENEFIT 60.00 95223 02270 PROJ 12-09 ARKWRIGHT-SUNRISE PMT#8 197,448.08 95224 04264 WATERFEST SPONSORSHIP 1,000.00 95225 03446 DEER PICK UP - MAY 115.00 95226 01418 MEMBERSHIP FEE 225.00 01418 PROGRAM SUPPLIES 184.80 01418 CONCESSIONS 156.78 01418 MDSE FOR RESALE 88.30 01418 ADMIN FEE 50.00 95227 05515 COMMUNICATION CONSULTANT-MAY 965.00 95228 00198 WATER UTILITY 2,226.31 95229 01836 STREET LIGHT REPAIR WB/LYDIA/CO D 717.08 95230 01550 ELECTRICAL INSPECTIONS - MAY 2,893.20 95231 05342 PROJ 12-14 FIRE DEPT S FINAL PMT#12 37,236.10 95232 05382 MARKETING FOR CITY 5/18 - 5/29 2,000.00 95233 00063 MONTHLY PMT 04/17 - 05/16 8,041.48 95234 02159 MGMT & MARKETING SRVS MCC 5,846.00 06/09/2015 ADVANTAGE SPORTS LLC 06/09/2015 AVESIS 06/09/2015 ADAM'S PEST CONTROL INC 06/09/2015 XCEL ENERGY 06/09/2015 XCEL ENERGY 06/09/2015 XCEL ENERGY 06/09/2015 BRAUN INTERTEC CORP. 06/09/2015 CHRIS MASTELL TRAILER RENTALS 06/09/2015 GOPHER STATE ONE-CALL Check Register City of Maplewood 06/04/2015 Date Vendor 05/29/2015 US BANK 06/09/2015 DONALD SALVERDA & ASSOCIATES 06/09/2015 ELECTRO WATCHMAN INC. 06/09/2015 NYSTROM PUBLISHING CO INC 06/09/2015 S E H 06/09/2015 S E H 06/09/2015 XCEL ENERGY 06/09/2015 S E H 06/09/2015 S E H 06/09/2015 XCEL ENERGY 06/09/2015 XCEL ENERGY 06/09/2015 CUMMINS NPOWER LLC 06/09/2015 ADAM'S PEST CONTROL INC 06/09/2015 EMERGENCY RESPONSE SOLUTIONS 06/09/2015 GLTC PREMIUM PAYMENTS 06/09/2015 JESSICA HUANG 06/09/2015 ELECTRO WATCHMAN INC. 06/09/2015 ELECTRO WATCHMAN INC. 06/09/2015 ELECTRO WATCHMAN INC. 06/09/2015 MEDICA 06/09/2015 NCPERS MINNESOTA 06/09/2015 NORTH SUBURBAN ACCESS CORP 06/09/2015 KANSAS STATE BANK OF MANHATTAN 06/09/2015 REBECCA KOETTER 06/09/2015 LANDSCAPE ALTERNATIVES 06/09/2015 PALDA & SONS INC 06/09/2015 RAMSEY-WASHINGTON 06/09/2015 RICK JOHNSON DEER & BEAVER INC 06/09/2015 KAREN OLSON 06/09/2015 ONE TIME VENDOR 06/09/2015 ONE TIME VENDOR 06/09/2015 SAM'S CLUB DIRECT 06/09/2015 SAM'S CLUB DIRECT 06/09/2015 SAM'S CLUB DIRECT 06/09/2015 ST PAUL REGIONAL WATER SRVS 06/09/2015 ST PAUL, CITY OF 06/09/2015 SAM'S CLUB DIRECT 06/09/2015 SAM'S CLUB DIRECT 06/09/2015 LEAH SPIELMAN 912,483.4537Checks in this report. 06/09/2015 WHITE BEAR AREA YMCA 06/09/2015 SUMMIT INSPECTIONS 06/09/2015 TERRA GENERAL CONTRACTORS 06/09/2015 TURNING POINT CONSULTING GROUP 06/09/2015 VERIZON WIRELESS G1, Attachments Packet Page Number 72 of 112 Settlement Date Payee Description Amount 6/1/2015 MN State Treasurer Drivers License/Deputy Registrar 59,547.47 6/1/2015 MN Dept of Natural Resources DNR electronic licenses 2,649.18 6/1/2015 US Bank Merchant Services Credit Card Billing fee 79.94 6/2/2015 MN State Treasurer Drivers License/Deputy Registrar 42,927.66 6/3/2015 MN State Treasurer Drivers License/Deputy Registrar 67,427.85 6/4/2015 MN State Treasurer Drivers License/Deputy Registrar 56,411.11 6/4/2015 Delta Dental Dental Premium 1,452.53 6/5/2015 MN State Treasurer Drivers License/Deputy Registrar 68,365.43 6/5/2015 MN Dept of Natural Resources DNR electronic licenses 1,672.67 6/5/2015 US Bank VISA One Card*Purchasing card items 49,367.20 6/5/2015 Optum Health DCRP & Flex plan payments 2,397.62 6/5/2015 ICMA (Vantagepointe)Deferred Compensation 4,057.00 6/5/2015 Voya - State Plan Deferred Compensation 30,637.00 386,992.66 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 73 of 112 Transaction Date Posting Date Merchant Name Transaction Amount Name 05/15/2015 05/18/2015 THE HOME DEPOT 2801 $64.06 DAVE ADAMS 05/15/2015 05/18/2015 THE HOME DEPOT 2801 $64.06 DAVE ADAMS 05/20/2015 05/21/2015 APPLIED TECHNICAL SYSTEMS $304.00 REGAN BEGGS 05/26/2015 05/27/2015 PITNEYBOWES ONLINEBILL $887.00 REGAN BEGGS 05/27/2015 05/29/2015 COMO PARK ANIMAL HOSPITAL $242.42 BRIAN BIERDEMAN 05/28/2015 05/29/2015 CVS/PHARMACY #01751 $46.17 BRIAN BIERDEMAN 05/26/2015 05/27/2015 CVS/PHARMACY #01751 $15.98 OAKLEY BIESANZ 05/26/2015 05/28/2015 STOKKE'S MEAT MARKET $12.12 OAKLEY BIESANZ 05/26/2015 05/28/2015 THE HOME DEPOT 2801 $53.49 OAKLEY BIESANZ 05/15/2015 05/18/2015 HUDSON HOUSE GRAND HOTEL $44.00 NEIL BRENEMAN 05/15/2015 05/18/2015 HEJNY RENTAL INC $256.13 TROY BRINK 05/19/2015 05/20/2015 ADVANCE SHORING COMPANY $53.00 TROY BRINK 05/19/2015 05/21/2015 THE HOME DEPOT 2801 $17.94 TROY BRINK 05/21/2015 05/22/2015 OAKDALE RENTAL CENTER $214.00 TROY BRINK 05/21/2015 05/22/2015 MENARDS MAPLEWOOD $80.90 TROY BRINK 05/14/2015 05/19/2015 THE HOME DEPOT 2801 $51.80 BRENT BUCKLEY 05/21/2015 05/25/2015 THE HOME DEPOT 2801 $57.76 BRENT BUCKLEY 05/20/2015 05/22/2015 THE HOME DEPOT 2801 $10.68 NATHAN BURLINGAME 05/21/2015 05/22/2015 TARGET 00011858 $22.25 NATHAN BURLINGAME 05/21/2015 05/22/2015 TARGET 00011858 $19.20 NATHAN BURLINGAME 05/26/2015 05/28/2015 EVEREST EMERGENCY VEHICLE $64.84 JOHN CAPISTRANT 05/20/2015 05/22/2015 THE HOME DEPOT 2801 $13.44 SCOTT CHRISTENSON 05/22/2015 05/25/2015 MINVALCO INC $122.50 SCOTT CHRISTENSON 05/26/2015 05/27/2015 MINVALCO INC $9.54 SCOTT CHRISTENSON 05/28/2015 05/29/2015 FREDPRYOR CAREERTRACK $399.00 SCOTT CHRISTENSON 05/14/2015 05/18/2015 NORTHERN TOOL EQUIP-MN $5.36 CHARLES DEAVER 05/21/2015 05/22/2015 FRATTALLONES WOODBURY AC $3.74 CHARLES DEAVER 05/27/2015 05/28/2015 UNIFORMS UNLIMITED INC.$19.00 JOSEPH DEMULLING 05/14/2015 05/19/2015 THE HOME DEPOT 2801 $15.96 TOM DOUGLASS 05/15/2015 05/18/2015 THE HOME DEPOT 2801 ($14.47)TOM DOUGLASS 05/15/2015 05/18/2015 DALCO ENTERPRISES, INC $2,023.98 TOM DOUGLASS 05/15/2015 05/18/2015 HANK'S SPECIALTIES, INC.$91.76 TOM DOUGLASS 05/15/2015 05/18/2015 SPECTRUM PRODUCTS $562.41 TOM DOUGLASS 05/18/2015 05/19/2015 AMAZON.COM $267.80 TOM DOUGLASS 05/19/2015 05/20/2015 COMMERCIAL POOL & SPA SUP $1,391.35 TOM DOUGLASS 05/19/2015 05/20/2015 COMMERCIAL POOL & SPA SUP $110.32 TOM DOUGLASS 05/19/2015 05/21/2015 THE HOME DEPOT 2801 $8.09 TOM DOUGLASS 05/20/2015 05/20/2015 SIMPLEXGRINNELL $1,194.54 TOM DOUGLASS 05/21/2015 05/22/2015 COMMERCIAL POOL & SPA SUP $152.75 TOM DOUGLASS 05/21/2015 05/25/2015 MUSKA ELECTRIC CO.$223.60 TOM DOUGLASS 05/22/2015 05/25/2015 CUMMINS NPOWER LLC ($2,378.69)TOM DOUGLASS 05/22/2015 05/25/2015 BATTERIES PLUS #31 $31.90 TOM DOUGLASS 05/22/2015 05/25/2015 THE HOME DEPOT 2801 $79.32 TOM DOUGLASS 05/26/2015 05/27/2015 G&K SERVICES AR $532.85 TOM DOUGLASS 05/27/2015 05/28/2015 COMMERCIAL POOL & SPA SUP $407.50 TOM DOUGLASS 05/27/2015 05/29/2015 THE HOME DEPOT 2801 $6.47 TOM DOUGLASS 05/28/2015 05/29/2015 HENRIKSEN ACE HARDWARE $33.98 TOM DOUGLASS 05/28/2015 05/29/2015 HENRIKSEN ACE HARDWARE $0.77 TOM DOUGLASS 05/28/2015 05/29/2015 WW GRAINGER $42.96 TOM DOUGLASS 05/28/2015 05/29/2015 OAKDALE RENTAL CENTER $214.00 DOUG EDGE 05/22/2015 05/25/2015 WAL-MART #2274 $10.58 ANDREW ENGSTROM 05/26/2015 05/28/2015 RED WING SHOE #727 $152.99 ANDREW ENGSTROM 05/26/2015 05/28/2015 RED WING SHOE #727 $131.74 ANDREW ENGSTROM 05/14/2015 05/18/2015 OFFICE DEPOT #1090 $86.46 CHRISTINE EVANS 05/16/2015 05/18/2015 ARC*SERVICES/TRAINING $152.00 CHRISTINE EVANS G1, Attachments Packet Page Number 74 of 112 05/16/2015 05/18/2015 ARC*SERVICES/TRAINING $114.00 CHRISTINE EVANS 05/16/2015 05/18/2015 ARC*SERVICES/TRAINING $19.00 CHRISTINE EVANS 05/16/2015 05/18/2015 ARC*SERVICES/TRAINING $38.00 CHRISTINE EVANS 05/18/2015 05/20/2015 OFFICE DEPOT #1090 $2.42 CHRISTINE EVANS 05/18/2015 05/21/2015 LINCOLN AQUATICS $346.00 CHRISTINE EVANS 05/20/2015 05/20/2015 THE LIFEGUARD STORE IN $149.82 CHRISTINE EVANS 05/21/2015 05/21/2015 COMCAST CABLE COMM $83.88 CHRISTINE EVANS 05/22/2015 05/25/2015 CRAIGSLIST.ORG $25.00 CHRISTINE EVANS 05/24/2015 05/25/2015 COMCAST CABLE COMM $325.89 CHRISTINE EVANS 05/26/2015 05/28/2015 RECREATION SUPPLY COMPANY $208.26 CHRISTINE EVANS 05/21/2015 05/22/2015 SUPERAMERICA 4022 $23.56 PAUL E EVERSON 05/23/2015 05/25/2015 SUPERAMERICA 4022 $23.56 PAUL E EVERSON 05/27/2015 05/29/2015 THE HOME DEPOT 2801 $41.67 PAUL E EVERSON 05/28/2015 05/29/2015 MILLS FLEET FARM 2700 $47.78 SHANN FINWALL 05/19/2015 05/20/2015 AT SCENE LLC $675.00 MYCHAL FOWLDS 05/20/2015 05/21/2015 ELECTRO WATCHMAN INC $205.00 MYCHAL FOWLDS 05/20/2015 05/22/2015 DAVID GRUPA PORTRAIT $3,375.00 MYCHAL FOWLDS 05/21/2015 05/22/2015 LINE 1 PARTNERS INC $1,397.99 MYCHAL FOWLDS 05/21/2015 05/22/2015 LINE 1 PARTNERS INC $503.64 MYCHAL FOWLDS 05/21/2015 05/22/2015 LINE 1 PARTNERS INC $804.10 MYCHAL FOWLDS 05/21/2015 05/22/2015 LINE 1 PARTNERS INC $822.20 MYCHAL FOWLDS 05/22/2015 05/25/2015 COMCAST CABLE COMM $68.95 MYCHAL FOWLDS 05/15/2015 05/18/2015 PPI NORTH AMERICA $499.00 NICK FRANZEN 05/19/2015 05/20/2015 SHI CORP $576.00 NICK FRANZEN 05/21/2015 05/22/2015 AWL*PEARSON EDUCATION $120.50 NICK FRANZEN 05/22/2015 05/25/2015 IDU*INSIGHT PUBLIC SEC $431.25 NICK FRANZEN 05/24/2015 05/26/2015 HERBERGERS #0342 $91.20 DEREK FRITZE 05/15/2015 05/18/2015 THE HOME DEPOT 2801 $23.07 VIRGINIA GAYNOR 05/24/2015 05/25/2015 MENARDS STILLWATER $25.08 VIRGINIA GAYNOR 05/28/2015 05/29/2015 BAT CONSERVATION INTL $30.00 CAROLE GERNES 05/14/2015 05/18/2015 DOLRTREE 4713 00047134 $64.58 CHRISTINE GIBSON 05/26/2015 05/28/2015 THE HOME DEPOT 2801 $79.86 JAN GREW HAYMAN 05/27/2015 05/28/2015 SQ *KINNICKINNIC NATIVES $97.00 JAN GREW HAYMAN 05/14/2015 05/19/2015 THE HOME DEPOT 2801 $48.55 MARK HAAG 05/26/2015 05/27/2015 CONTINENTAL SAFETY EQUI $220.00 MARK HAAG 05/16/2015 05/18/2015 KOHL'S #704 ($59.99)STEVEN HIEBERT 05/16/2015 05/18/2015 KOHL'S #704 $49.99 STEVEN HIEBERT 05/18/2015 05/20/2015 TESSMAN COMPANY SAINT $510.86 GARY HINNENKAMP 05/21/2015 05/22/2015 DAVIS LOCK & SAFE $30.00 GARY HINNENKAMP 05/21/2015 05/22/2015 HENRIKSEN ACE HARDWARE $19.73 GARY HINNENKAMP 05/28/2015 05/29/2015 CUB FOODS #1599 $3.78 TIMOTHY HOFMEISTER 05/26/2015 05/27/2015 KNOWLAN'S MARKET #2 $4.50 ANN HUTCHINSON 05/28/2015 05/29/2015 DALCO ENTERPRISES, INC $320.63 DAVID JAHN 05/14/2015 05/18/2015 ESS BROS AND SONS $233.00 DON JONES 05/15/2015 05/19/2015 GRAND VIEW LODGE TENNIS $221.96 LOIS KNUTSON 05/26/2015 05/27/2015 SURVEYMONKEY.COM $26.00 LOIS KNUTSON 05/27/2015 05/27/2015 PANERA BREAD #601305 $80.32 LOIS KNUTSON 05/27/2015 05/27/2015 PANERA BREAD #601305 $20.32 LOIS KNUTSON 05/27/2015 05/28/2015 FIRST SHRED $94.60 LOIS KNUTSON 05/28/2015 05/29/2015 URBAN LAND INSTITUTE $295.00 LOIS KNUTSON 05/19/2015 05/20/2015 L A POLICE GEAR INC $118.97 TOMMY KONG 05/16/2015 05/18/2015 SHI CORP $485.58 JASON KREGER 05/18/2015 05/19/2015 WWW.NEWEGG.COM $112.98 JASON KREGER 05/22/2015 05/25/2015 DRI*WWW.ELEMENT5.INFO $128.39 JASON KREGER 05/26/2015 05/28/2015 THE RETROFIT COMPANIES, I $444.05 JASON KREGER 05/27/2015 05/28/2015 WWW.NEWEGG.COM $91.98 JASON KREGER G1, Attachments Packet Page Number 75 of 112 05/27/2015 05/29/2015 OFFICEMAX/OFFICE DEPOT616 $53.55 JASON KREGER 05/28/2015 05/29/2015 STAPLES DIRECT $48.67 JASON KREGER 05/18/2015 05/19/2015 UNIFORMS UNLIMITED INC.$65.00 NICHOLAS KREKELER 05/19/2015 05/20/2015 MENARDS MAPLEWOOD $4.26 NICHOLAS KREKELER 05/19/2015 05/21/2015 OFFICEMAX/OFFICE DEPOT616 $28.47 NICHOLAS KREKELER 05/18/2015 05/19/2015 EB FBI NAA NORTHWEST $195.00 DAVID KVAM 05/24/2015 05/25/2015 SPRINTSTORE BY WVPCS 925 $53.56 DAVID KVAM 05/22/2015 05/25/2015 BOLER EXPRESS CAR WASH $24.00 STEVE LUKIN 05/20/2015 05/21/2015 AMAZON MKTPLACE PMTS $69.99 GLEN MCCARTY 05/19/2015 05/20/2015 UNIFORMS UNLIMITED INC.$103.98 ALESIA METRY 05/19/2015 05/21/2015 THE SALVATION ARMY 11 $27.94 ALESIA METRY 05/20/2015 05/22/2015 THE SALVATION ARMY 11 $46.08 ALESIA METRY 05/15/2015 05/18/2015 ANCOM TECHNICAL CENTER IN $117.00 MICHAEL MONDOR 05/15/2015 05/18/2015 BOUND TREE MEDICAL LLC $503.79 MICHAEL MONDOR 05/18/2015 05/20/2015 EVEREST EMERGENCY VEHICLE $192.68 MICHAEL MONDOR 05/19/2015 05/20/2015 TELEFLEX MEDICAL $1,155.77 MICHAEL MONDOR 05/19/2015 05/21/2015 BOUND TREE MEDICAL LLC $31.80 MICHAEL MONDOR 05/19/2015 05/21/2015 BOUND TREE MEDICAL LLC $951.54 MICHAEL MONDOR 05/21/2015 05/22/2015 HENRY SCHEIN*$549.93 MICHAEL MONDOR 05/21/2015 05/25/2015 BOUND TREE MEDICAL LLC $779.98 MICHAEL MONDOR 05/21/2015 05/25/2015 CENTURY COLLEGE-BO $150.00 MICHAEL MONDOR 05/22/2015 05/25/2015 BOUND TREE MEDICAL LLC $1,169.97 MICHAEL MONDOR 05/26/2015 05/28/2015 UNITED TRAILER LEASING $840.20 MICHAEL MONDOR 05/20/2015 05/21/2015 MCDONALD'S F371 $5.03 MICHAEL NYE 05/28/2015 05/29/2015 USPS 26833895523402076 $31.40 MICHAEL NYE 05/18/2015 05/19/2015 OAKDALE RENTAL CENTER $174.00 ERICK OSWALD 05/18/2015 05/20/2015 OFFICE DEPOT #1090 $213.19 MARY KAY PALANK 05/15/2015 05/18/2015 BATTERIES PLUS #31 $88.04 STEVEN PRIEM 05/15/2015 05/18/2015 AUTO PLUS LITTLE CANADA $81.95 STEVEN PRIEM 05/15/2015 05/18/2015 AN FORD WHITE BEAR LAK $54.95 STEVEN PRIEM 05/18/2015 05/19/2015 AN FORD WHITE BEAR LAK $16.80 STEVEN PRIEM 05/19/2015 05/20/2015 POMP'S TIRE #021 $15.95 STEVEN PRIEM 05/19/2015 05/21/2015 TRI-STATE BOBCAT $194.08 STEVEN PRIEM 05/20/2015 05/21/2015 AUTO PLUS LITTLE CANADA ($10.72)STEVEN PRIEM 05/20/2015 05/21/2015 AUTO PLUS LITTLE CANADA $177.01 STEVEN PRIEM 05/20/2015 05/21/2015 TRUCK UTILITIES INC ST PA $11.00 STEVEN PRIEM 05/20/2015 05/22/2015 NORTHERN POWER PRODUCTS ($94.14)STEVEN PRIEM 05/20/2015 05/22/2015 NORTHERN POWER PRODUCTS $50.00 STEVEN PRIEM 05/21/2015 05/22/2015 AN FORD WHITE BEAR LAK $101.09 STEVEN PRIEM 05/22/2015 05/25/2015 TURFWERKS EAGAN $209.17 STEVEN PRIEM 05/26/2015 05/27/2015 LUBRICATION TECHNOLOGIES $317.50 STEVEN PRIEM 05/27/2015 05/28/2015 AUTO PLUS LITTLE CANADA $60.46 STEVEN PRIEM 05/27/2015 05/28/2015 AUTO PLUS LITTLE CANADA $28.78 STEVEN PRIEM 05/27/2015 05/28/2015 BAUER BUILT TIRE 18 $647.56 STEVEN PRIEM 05/27/2015 05/29/2015 TURFWERKS OMAHA $54.43 STEVEN PRIEM 05/27/2015 05/29/2015 ZARNOTH BRUSH WORKS INC $916.00 STEVEN PRIEM 05/27/2015 05/29/2015 TRI-STATE BOBCAT $13.56 STEVEN PRIEM 05/28/2015 05/29/2015 AUTO PLUS LITTLE CANADA $38.21 STEVEN PRIEM 05/28/2015 05/29/2015 ABLE HOSE $46.62 STEVEN PRIEM 05/14/2015 05/19/2015 THE HOME DEPOT 2801 $30.21 KELLY PRINS 05/15/2015 05/18/2015 DALCO ENTERPRISES, INC $210.70 KELLY PRINS 05/20/2015 05/22/2015 THE HOME DEPOT 2801 $68.52 KELLY PRINS 05/21/2015 05/25/2015 THE HOME DEPOT 2801 $73.91 KELLY PRINS 05/27/2015 05/28/2015 DALCO ENTERPRISES, INC $249.40 KELLY PRINS 05/18/2015 05/19/2015 DALCO ENTERPRISES, INC $239.66 MICHAEL REILLY 05/20/2015 05/21/2015 DALCO ENTERPRISES, INC $179.52 MICHAEL REILLY G1, Attachments Packet Page Number 76 of 112 05/15/2015 05/18/2015 POLAR ELECTRO $452.16 LORI RESENDIZ 05/15/2015 05/18/2015 POLAR ELECTRO $12.80 LORI RESENDIZ 05/18/2015 05/19/2015 LES MILLS WEST COAST INC $34.95 LORI RESENDIZ 05/19/2015 05/20/2015 AMERICAN COUNCIL ON EX $129.00 LORI RESENDIZ 05/19/2015 05/20/2015 JOHN DEERE LANDSCAPES530 $246.04 ROBERT RUNNING 05/14/2015 05/18/2015 SCHOOL OUTFITTERS $1,194.52 DEB SCHMIDT 05/18/2015 05/19/2015 LILLIE SUBURBAN NEWSPAPER $156.90 DEB SCHMIDT 05/21/2015 05/25/2015 HOLIDAY INN EAST HARTFORD $883.20 DEB SCHMIDT 05/28/2015 05/29/2015 LILLIE SUBURBAN NEWSPAPER $503.65 DEB SCHMIDT 05/28/2015 05/29/2015 LILLIE SUBURBAN NEWSPAPER $183.05 DEB SCHMIDT 05/15/2015 05/18/2015 CARMELLIMOPASS.COM $40.80 PAUL SCHNELL 05/15/2015 05/18/2015 W HOTELS $11.98 PAUL SCHNELL 05/16/2015 05/18/2015 MENDOTA HGTS BP $21.00 PAUL SCHNELL 05/15/2015 05/18/2015 REPUBLIC SERVICES TRASH $1,019.85 SCOTT SCHULTZ 05/19/2015 05/20/2015 FLEXIBLE PIPE TOOL COMPAN $223.10 SCOTT SCHULTZ 05/20/2015 05/21/2015 TRUGREEN LP *5025 $1,050.00 SCOTT SCHULTZ 05/21/2015 05/22/2015 CONSOLIDATED CONTAINER MI $1,316.27 SCOTT SCHULTZ 05/22/2015 05/27/2015 CINTAS 60A SAP ($11.41)SCOTT SCHULTZ 05/26/2015 05/28/2015 USA MOBILITY WIRELE $16.11 SCOTT SCHULTZ 05/26/2015 05/28/2015 ON SITE SANITATION INC $1,603.43 SCOTT SCHULTZ 05/27/2015 05/28/2015 TRUGREEN LP *5991 $551.00 SCOTT SCHULTZ 05/21/2015 05/22/2015 GOODWILL $3.72 CAITLIN SHERRILL 05/27/2015 05/29/2015 ACE OF SALES $20.00 CAITLIN SHERRILL 05/21/2015 05/22/2015 POLAR CHEVROLET MAZDA $169.96 MICHAEL SHORTREED 05/20/2015 05/21/2015 FLORIDA GUN EXCHANGE $375.00 BENJAMIN SLATER 05/15/2015 05/18/2015 BYERLY'S ST PAUL $22.78 CHRISTINE SOUTTER 05/15/2015 05/18/2015 LOWES #02313*$16.02 CHRISTINE SOUTTER 05/21/2015 05/22/2015 BRO TEX $250.00 CHRIS SWANSON 05/21/2015 05/25/2015 THE RETROFIT COMPANIES, I $1,680.00 CHRIS SWANSON 05/22/2015 05/25/2015 PPL ENTERPRISES $1,094.00 CHRIS SWANSON 05/22/2015 05/25/2015 MCDONALD'S F3117 $4.38 PAUL THIENES 05/23/2015 05/25/2015 BEST BUY MHT 00000109 $5.34 PAUL THIENES 05/24/2015 05/25/2015 BEST BUY MHT 00000109 ($5.34)PAUL THIENES 05/28/2015 05/29/2015 UNIFORMS UNLIMITED INC.$113.09 PAUL THIENES 05/21/2015 05/25/2015 OFFICE DEPOT #1090 $102.05 KAREN WACHAL 05/23/2015 05/25/2015 OFFICE DEPOT #1090 $9.99 KAREN WACHAL 05/28/2015 05/29/2015 UNIFORMS UNLIMITED INC.$54.49 JAY WENZEL 05/15/2015 05/18/2015 OFFICE DEPOT #1090 $62.48 TAMMY WYLIE 05/22/2015 05/25/2015 PEAVEY CORP.$78.35 TAMMY WYLIE 05/27/2015 05/28/2015 ACT*MIDWEST TACTICAL S $488.73 TAMMY WYLIE $49,367.20 G1, Attachments Packet Page Number 77 of 112 Check Description Amount 95235 05114 PROJ 12-09 ARKWRIGHT-SUNRISE IMPR 4,173.00 05114 PROJ 14-02 CNTY RD B TRAIL IMPRV 2,618.00 95236 05215 SOCCER INSTRUCTION - SPRING 1,050.00 95237 05028 CITY HALL SOLAR SYSTEM LEASE-JUNE 397.00 05028 MCC SOLAR SYSTEM LEASE - JUNE 369.00 95238 01973 CAR WASHES AT FREEDOM - MAY 18.66 95239 05216 REIMB FOR TUITION & BOOKS 1/12 - 5/4 1,646.22 95240 04445 LATH FOR SURVEYING 641.68 95241 02728 PROJ 12-14 PROF SRVS THRU 4/30 6,569.80 02728 PROJ 09-08 PROF SRVS THRU 04/30 4,295.46 02728 PROJ 14-01 PROF SRVS THRU 4/30 1,205.75 95242 05513 REIMB FOR TUITION & BOOKS 3/9 - 5/1 1,615.00 95243 02696 ELECTRIC LOCATES - NATURE CENTER 280.00 95244 04272 CAMERAS FOR MCC 7,618.00 95245 01337 PLANTS & FLOWERS FOR MCC 1,207.00 95246 01190 ELECTRIC & GAS UTILITY 1,067.09 95247 01811 MDSE FOR RESALE 102.00 01811 MDSE FOR RESALE 81.00 01811 MDSE FOR RESALE 51.00 01811 MDSE FOR RESALE -81.00 95248 01974 REFUND FOR TRANS MEDIC PATIENT 2,417.30 95249 01974 REFUND FOR TRANS MEDIC PATIENT 452.85 95250 03486 BLACK DIRT FOR SOD RESTORATION 154.00 95251 05369 ULTRA CLEAN SERVICE - CITY HALL 366.31 05369 CLEANING SUPPLIES - CITY HALL 72.70 05369 CLEANING SUPPLIES - PARK MAINT 50.16 95252 05507 MDSE FOR RESALE 575.37 95253 04452 SANITARY SEWER LEALAND/DULUTH 4,400.00 95254 00309 SERGEANT BERGERON MEMORIAL SIGN 2,071.40 95255 05229 SRVS & EQUIP FOR GPS UNITS PD BAIT 4,075.00 95256 05506 LEMA HONOR GUARD CAMP 1,485.00 95257 00843 PRAIRIE PLANTS - HWY 36 PROJ 1,022.25 95258 04148 REFUND FOR TRANS MEDIC 1,040.00 95259 05173 2ND - 4TH QTR PLEDGES 2014 520.00 95260 01095 INSTALL OF KITCHEN LIQUOR FENCE 950.00 95261 00001 REIMB T RILEY HP BENEFIT 340.00 95262 00001 REIMB M HALL IRRIGATION REPAIRS 70.25 95263 00001 REFUND S WHITMAN FLAG FOOTBALL 55.00 95264 00001 REIMB HAUGEN SPRINKLER SYS REPAIR 44.05 95265 05338 WASTE & RECYCLING SRVS - JUNE 1,640.33 95266 01387 ADMIN FEE FOR STRESS TEST - JUNE 100.00 95267 01836 RADIO MAINT & SRVS - APRIL 893.89 95268 05213 SPRING CLEAN UP 6,127.22 95269 03598 REIMB FOR TUITION & BOOKS 3/9 - 5/2 1,964.11 95270 02464 PAYING AGENT FEES 450.00 06/16/2015 BUBERL BLACK DIRT INC 06/16/2015 MUSKA ELECTRIC CO 06/16/2015 BERNATELLO'S PIZZA 06/16/2015 BLUE CROSS REFUNDS 06/16/2015 PARAGON SOLUTIONS GROUP, INC. 06/16/2015 RAMSEY COUNTY-PROP REC & REV 06/16/2015 XCEL ENERGY KIMLEY-HORN & ASSOCIATES INC 06/16/2015 06/16/2015 KIMLEY-HORN & ASSOCIATES INC 06/16/2015 KIMLEY-HORN & ASSOCIATES INC 06/16/2015 MARIA MULVIHILL 06/16/2015 BOLTON & MENK, INC. 06/16/2015 HOPE HAVEN INC. 06/16/2015 ENERGY ALTERNATIVES SOLAR, LLC 06/16/2015 ERICKSON OIL PRODUCTS INC 06/16/2015 ROCHELLE HAWTHORNE 06/16/2015 BOLTON & MENK, INC. 06/16/2015 CORESTRONG FITNESS LLC 06/16/2015 ENERGY ALTERNATIVES SOLAR, LLC Check Register City of Maplewood 06/12/2015 Date Vendor 06/16/2015 BLUE CROSS REFUNDS 06/16/2015 BERNATELLO'S PIZZA 06/16/2015 BERNATELLO'S PIZZA 06/16/2015 BERNATELLO'S PIZZA 06/16/2015 COCA-COLA REFRESHMENTS 06/16/2015 COMMERCIAL UTILITIES, INC. 06/16/2015 CINTAS CORPORATION #470 06/16/2015 CINTAS CORPORATION #470 06/16/2015 CINTAS CORPORATION #470 06/16/2015 COMMISSIONER OF TRANSPORTATION 06/16/2015 COVERT TRACK GROUP INC. 06/16/2015 L E M A 06/16/2015 LANDSCAPE ALTERNATIVES 06/16/2015 MINNESOTA REVENUE 06/16/2015 MN ENVIRONMENTAL FUND 06/16/2015 MODERN FENCE & CONST INC 06/16/2015 ONE TIME VENDOR 06/16/2015 ONE TIME VENDOR 06/16/2015 ONE TIME VENDOR 06/16/2015 ONE TIME VENDOR 06/16/2015 REPUBLIC SERVICES #923 06/16/2015 DR. JAMES ROSSINI 06/16/2015 ST PAUL, CITY OF 06/16/2015 TENNIS ROLL OFF LLC 06/16/2015 PAUL THEISEN 06/16/2015 US BANK 66,261.8536Checks in this report. G1, Attachments Packet Page Number 78 of 112 Settlement Date Payee Description Amount 6/8/2015 MN State Treasurer Drivers License/Deputy Registrar 56,941.96 6/8/2015 U.S. Treasurer Federal Payroll Tax 108,583.45 6/8/2015 P.E.R.A.P.E.R.A.102,955.16 6/9/2015 MN State Treasurer Drivers License/Deputy Registrar 33,326.42 6/9/2015 MidAmerica HRA Flex plan 13,975.09 6/9/2015 Labor Unions Union Dues 2,208.98 6/9/2015 MN State Treasurer State Payroll Tax 21,043.87 6/10/2015 MN State Treasurer Drivers License/Deputy Registrar 62,772.61 6/10/2015 Delta Dental Dental Premium 2,284.36 6/11/2015 MN State Treasurer Drivers License/Deputy Registrar 36,877.45 6/12/2015 MN State Treasurer Drivers License/Deputy Registrar 76,759.98 6/12/2015 MN Dept of Natural Resources DNR electronic licenses 1,836.24 6/12/2015 Optum Health DCRP & Flex plan payments 222.00 519,787.57 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 79 of 112 CHECK CHECK DATE EMPLOYEE NAME 06/05/15 COLEMAN, MELINDA 5,925.56 06/05/15 FUNK, MICHAEL 5,079.30 06/05/15 OSWALD, BRENDA 1,942.61 06/05/15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in AmountAMOUNT 06/05/15 ABRAMS, MARYLEE 430.99 06/05/15 CARDINAL, ROBERT 430.99 06/05/15 JUENEMANN, KATHLEEN 430.99 06/05/15 KOPPEN, MARVIN 430.99 06/05/15 SLAWIK, NORA 489.68 06/05/15 BELDE, STANLEY 3,264.81 06/05/15 BENJAMIN, MARKESE 3,158.82 06/05/15 BIERDEMAN, BRIAN 06/05/15 PALANK, MARY 2,027.02 06/05/15 SCHNELL, PAUL 5,161.92 06/05/15 SHORTREED, MICHAEL 06/05/15 BEGGS, REGAN 1,718.40 06/05/15 HAAG, KAREN 4,860.99 06/05/15 KNUTSON, LOIS 2,503.61 06/05/15 CHRISTENSON, SCOTT 2,621.95 06/05/15 JAHN, DAVID 1,978.22 06/05/15 BURLINGAME, SARAH 2,380.50 06/05/15 RAMEAUX, THERESE 3,283.59 06/05/15 BAUMAN, GAYLE 5,177.28 ANDERSON, CAROLE 1,100.65 06/05/15 DEBILZAN, JUDY 2,257.97 06/05/15 RUEB, JOSEPH 3,180.20 06/05/15 ARNOLD, AJLA 398.94 06/05/15 LARSON, MICHELLE 2,020.38 06/05/15 MECHELKE, SHERRIE 1,212.22 06/05/15 MOY, PAMELA 1,616.31 06/05/15 SCHMIDT, DEBORAH 3,248.90 06/05/15 SPANGLER, EDNA 1,212.22 06/05/15 CRAWFORD, LEIGH 1,888.37 06/05/15 WEAVER, KRISTINE 2,507.40 06/05/15 CORCORAN, THERESA 2,022.59 06/05/15 KVAM, DAVID 4,478.68 06/05/15 OSTER, ANDREA 2,027.02 06/05/15 RICHTER, CHARLENE 1,408.30 06/05/15 VITT, SANDRA 1,190.98 06/05/15 ALDRIDGE, MARK 3,628.29 06/05/15 BAKKE, LONN 3,364.05 06/05/15 BARTZ, PAUL 3,956.02 4,379.47 06/05/15 THOMFORDE, FAITH 1,810.94 06/05/15 WYLIE, TAMMY 1,699.57 06/05/15 ABEL, CLINT 3,262.34 06/05/15 DEMULLING, JOSEPH 3,610.82 06/05/15 DUGAS, MICHAEL 4,782.27 4,231.56 06/05/15 BUSACK, DANIEL 3,953.33 06/05/15 CARNES, JOHN 3,144.22 06/05/15 CROTTY, KERRY 3,986.42 G1, Attachments Packet Page Number 80 of 112 1,224.80 10.41 1,615.00 43.45 1,964.11 06/05/15 JOHNSON, KEVIN 4,314.66 06/05/15 KONG, TOMMY 3,064.41 06/05/15 FISHER, CASSANDRA 1,559.26 06/05/15 FORSYTHE, MARCUS 3,461.84 06/05/15 FRITZE, DEREK 06/05/15 MULVIHILL, MARIA 3,895.97 06/05/15 NYE, MICHAEL 4,375.94 06/05/15 OLDING, PARKER 06/05/15 KREKELER, NICHOLAS 1,085.38 06/05/15 KROLL, BRETT 3,304.94 06/05/15 LANGNER, SCOTT 06/05/15 ANDERSON, BRIAN 180.06 06/05/15 BAHL, DAVID 424.50 06/05/15 BASSETT, BRENT 06/05/15 STEINER, JOSEPH 3,741.63 06/05/15 SYPNIEWSKI, WILLIAM 3,631.21 06/05/15 TAUZELL, BRIAN 06/05/15 HUTCHINSON, JAMES 585.00 06/05/15 IMM, TRACY 498.98 06/05/15 JANSEN, CHAD 06/05/15 CRAWFORD - JR, RAYMOND 4,148.81 06/05/15 CRUMMY, CHARLES 360.09 06/05/15 DABRUZZI, THOMAS 06/05/15 ERICKSON, VIRGINIA 3,315.98 06/05/15 HIEBERT, STEVEN 3,623.97 06/05/15 HOEMKE, MICHAEL 3,048.22 06/05/15 HOFMEISTER, TIMOTHY 511.50 4,334.07 06/05/15 GABRIEL, ANTHONY 3,715.81 06/05/15 HAWKINSON JR, TIMOTHY 3,308.07 06/05/15 HER, PHENG 3,258.26 06/05/15 MCCARTY, GLEN 3,714.47 06/05/15 METRY, ALESIA 3,828.67 06/05/15 MICHELETTI, BRIAN 3,055.20 3,003.03 06/05/15 LANGNER, TODD 3,473.89 06/05/15 LYNCH, KATHERINE 3,248.15 06/05/15 MARINO, JASON 3,545.09 06/05/15 REZNY, BRADLEY 3,597.09 06/05/15 SCHOEN, ZACHARY 2,617.65 06/05/15 SLATER, BENJAMIN 3,058.82 2,514.77 06/05/15 OLSON, JULIE 3,366.01 06/05/15 PARKER, JAMES 2,941.86 06/05/15 PETERSON, JARED 2,001.94 06/05/15 WENZEL, JAY 3,304.94 06/05/15 XIONG, KAO 3,177.51 06/05/15 ZAPPA, ANDREW 2,001.94 3,163.52 06/05/15 THEISEN, PAUL 5,195.93 06/05/15 THIENES, PAUL 4,216.90 06/05/15 VANG, PAM 2,237.84 06/05/15 CAPISTRANT, JACOB 270.08 06/05/15 CAPISTRANT, JOHN 465.00 06/05/15 COREY, ROBERT 423.55 527.27 06/05/15 BAUMAN, ANDREW 3,182.80 06/05/15 BEITLER, NATHAN 533.71 06/05/15 BOURQUIN, RON 1,063.30 06/05/15 HALE, JOSEPH 435.00 06/05/15 HALWEG, JODI 3,592.96 06/05/15 HAWTHORNE, ROCHELLE 3,159.63 3,038.32 06/05/15 DAWSON, RICHARD 4,235.82 06/05/15 EVERSON, PAUL 4,040.93 06/05/15 HAGEN, MICHAEL 662.31 450.10 G1, Attachments Packet Page Number 81 of 112 211.00 42.72 06/05/15 MILLER, LADD 747.00 06/05/15 MONDOR, MICHAEL 3,806.21 06/05/15 MONSON, PETER 06/05/15 LOCHEN, MICHAEL 703.18 06/05/15 MERKATORIS, BRETT 398.69 06/05/15 RODRIGUEZ, ROBERTO 552.99 06/05/15 SEDLACEK, JEFFREY 4,141.10 06/05/15 STREFF, MICHAEL 06/05/15 PACHECO, ALPHONSE 610.90 06/05/15 PARROW, JOSHUA 693.60 06/05/15 PETERSON, MARK 06/05/15 RUIZ, RICARDO 1,902.67 06/05/15 RUNNING, ROBERT 2,755.63 06/05/15 TEVLIN, TODD 06/05/15 SINDT, ANDREA 2,654.60 06/05/15 BRINK, TROY 2,644.15 06/05/15 BUCKLEY, BRENT 06/05/15 THOMPSON, MICHAEL 5,106.92 06/05/15 ZIEMAN, SCOTT 504.00 06/05/15 JANASZAK, MEGHAN 06/05/15 KONDER, RONALD 462.99 06/05/15 KUBAT, ERIC 3,257.75 06/05/15 LINDER, TIMOTHY 3,741.23 06/05/15 KANE, ROBERT 697.50 06/05/15 KARRAS, JAMIE 501.58 06/05/15 KERSKA, JOSEPH 949.98 06/05/15 NOWICKI, PAUL 308.64 06/05/15 OLSON, JAMES 3,305.00 06/05/15 OPHEIM, JOHN 210.00 180.06 06/05/15 MORGAN, JEFFERY 501.49 06/05/15 NIELSEN, KENNETH 375.00 06/05/15 NOVAK, JEROME 4,141.84 06/05/15 RANK, PAUL 765.20 06/05/15 RICE, CHRISTOPHER 932.36 06/05/15 RODDY, BRETT 408.97 562.50 06/05/15 PETERSON, ROBERT 3,468.35 06/05/15 POWERS, KENNETH 621.15 06/05/15 RAINEY, JAMES 983.83 06/05/15 LUKIN, STEVEN 5,150.44 06/05/15 ZWIEG, SUSAN 1,238.01 06/05/15 CORTESI, LUANNE 2,020.45 4,512.66 06/05/15 SVENDSEN, RONALD 3,540.61 06/05/15 TROXEL, REID 553.01 06/05/15 GERVAIS-JR, CLARENCE 4,239.86 06/05/15 MEISSNER, BRENT 2,298.99 06/05/15 NAGEL, BRYAN 3,803.10 06/05/15 OSWALD, ERICK 2,666.11 2,317.77 06/05/15 DEBILZAN, THOMAS 2,312.49 06/05/15 EDGE, DOUGLAS 2,272.10 06/05/15 JONES, DONALD 2,310.49 06/05/15 JAROSCH, JONATHAN 3,287.57 06/05/15 LINDBLOM, RANDAL 2,915.02 06/05/15 LOVE, STEVEN 3,929.32 2,300.27 06/05/15 BURLINGAME, NATHAN 2,463.20 06/05/15 DUCHARME, JOHN 2,915.03 06/05/15 ENGSTROM, ANDREW 3,069.75 06/05/15 HAYS, TAMARA 1,902.67 1,985.97 06/05/15 KONEWKO, DUWAYNE 4,922.81 06/05/15 DELISLE JR, JACQUES 792.00 06/05/15 HAMRE, MILES 2,023.75 G1, Attachments Packet Page Number 82 of 112 150.00 150.00 150.00 107.11 150.00 64.00 06/05/15 NORDQUIST, RICHARD 2,287.20 06/05/15 ORE, JORDAN 2,005.72 06/05/15 GAYNOR, VIRGINIA 3,628.53 06/05/15 KROLL, LISA 2,090.88 06/05/15 FINWALL, SHANN 06/05/15 RANWEILER, GABRIEL 792.00 06/05/15 SALCHOW, CONNOR 792.00 06/05/15 BIESANZ, OAKLEY 06/05/15 KUSTERMAN, KEVIN 26.00 06/05/15 LARSON, TRISTA 140.50 06/05/15 ROBBINS, AUDRA 06/05/15 WELLENS, MOLLY 2,248.92 06/05/15 BJORK, BRANDON 70.00 06/05/15 BRENEMAN, NEIL 06/05/15 RUZICHKA, JANICE 187.50 06/05/15 SKRYPEK, JOSHUA 367.50 06/05/15 SMITH, CORTNEY 06/05/15 SCHULTZ, SCOTT 3,727.15 06/05/15 WILBER, JEFFREY 1,797.97 06/05/15 DIONNE, ANN 06/05/15 CLARK, PAMELA 44.55 06/05/15 CORCORAN, JOSHUA 109.38 06/05/15 HINNENKAMP, GARY 2,509.60 06/05/15 NAUGHTON, JOHN 2,300.27 06/05/15 HUTCHINSON, ANN 2,845.81 06/05/15 SOUTTER, CHRISTINE 686.89 06/05/15 WACHAL, KAREN 1,243.81 1,782.47 06/05/15 DEAVER, CHARLES 1,025.14 06/05/15 GERNES, CAROLE 901.29 06/05/15 HAYMAN, JANET 1,255.88 06/05/15 SWAN, DAVID 2,939.57 06/05/15 SWANSON, CHRIS 1,951.57 06/05/15 WEIDNER, JAMES 1,408.00 4,092.93 06/05/15 MARTIN, MICHAEL 3,172.27 06/05/15 BRASH, JASON 2,855.87 06/05/15 CARVER, NICHOLAS 4,580.14 06/05/15 FORTIER, JESSICA 126.75 06/05/15 GORACKI, GERALD 45.13 06/05/15 JACOBS, ROCHELLE 37.50 2,533.34 06/05/15 CLINE, ABBY 168.00 06/05/15 ETTER, LAURA 52.00 06/05/15 FISHER, CHANCE 42.50 06/05/15 ADAMS, DAVID 2,145.64 06/05/15 HAAG, MARK 2,532.68 06/05/15 JENSEN, JOSEPH 1,815.47 3,570.21 06/05/15 SCHALLER, SCOTT 75.00 06/05/15 TAYLOR, JAMES 3,400.88 06/05/15 VUKICH, CANDACE 278.63 06/05/15 HOFMEISTER, MARY 1,190.20 06/05/15 KELLEY, CAITLIN 1,069.59 06/05/15 MILLER, KAREN 54.75 569.64 06/05/15 EVANS, CHRISTINE 2,049.31 06/05/15 GIBSON, CHRISTINE 1,780.47 06/05/15 HECKENDORN, TAYLOR 279.00 06/05/15 BEAR, AMANDA 189.00 06/05/15 BUCKLEY, BRITTANY 513.83 06/05/15 BUTLER, ANGELA 109.50 199.50 06/05/15 ST SAUVER, CRAIG 342.02 06/05/15 WISTL, MOLLY 396.28 06/05/15 BAUDE, SARAH 65.62 G1, Attachments Packet Page Number 83 of 112 41,742.08 62.11 06/05/15 CRANDALL, ALYSSA 61.87 06/05/15 DEMPSEY, BETH 344.26 06/05/15 DUCHARME, DANIELLE 06/05/15 MCKILLOP, AMANDA 156.02 06/05/15 MUSKAT, JULIE 111.28 06/05/15 NITZ, CARA 06/05/15 HORWATH, RONALD 44,955.22 06/05/15 IACARELLA-FUDALI, BARBARA 138.00 06/05/15 JEBENS-SINGH, TARA 06/05/15 SYME, ABBEY 83.94 06/05/15 SYME, LAUREN 33.80 06/05/15 TREPANIER, TODD 06/05/15 RICHTER, DANIEL 95.75 06/05/15 ROLLERSON, TERRANCE 45.57 06/05/15 ROMERO, JENNIFER 06/05/15 BOWMAN, CHRIS 80.00 06/05/15 CRAWFORD, SHAWN 437.50 06/05/15 YANG, JUDY 154.00 06/05/15 BILJAN, MERANDA 82.88 06/05/15 BOSLEY, CAROL 06/05/15 DOUGLASS, TOM 2,560.41 06/05/15 HEINTZ, JOSHUA 152.00 06/05/15 KRECH, ELAINE 06/05/15 GUSTAFSON, BRENDA 118.00 06/05/15 HAASCH, ANGELA 85.50 06/05/15 HOLMBERG, LADONNA 82.00 13.50 06/05/15 ERICKSON-CLARK, CAROL 37.50 06/05/15 FONTAINE, KIM 371.25 06/05/15 GRUENHAGEN, LINDA 211.29 06/05/15 LAMEYER, BRENT 67.20 06/05/15 LAMSON, ELIANA 13.69 06/05/15 MCCOMAS, LEAH 84.00 12.00 06/05/15 JOHNSON, BARBARA 391.99 06/05/15 KOHLER, ROCHELLE 28.12 06/05/15 KOLLER, NINA 24.75 06/05/15 REHLING-ANDERSON, LORIE 113.50 06/05/15 RENSTROM, KEVIN 159.00 06/05/15 RESENDIZ, LORI 2,739.42 415.03 06/05/15 OHS, CYNTHIA 162.75 06/05/15 PROESCH, ANDY 448.00 06/05/15 RANEY, COURTNEY 650.53 06/05/15 SMITH, CASEY 327.02 06/05/15 SMITH, JEROME 191.75 06/05/15 SMITLEY, SHARON 209.19 47.00 06/05/15 SCHERER, KATHLENE 44.19 06/05/15 SCHREIER, ROSEMARIE 174.02 06/05/15 SMITH, ANN 62.40 06/05/15 WALES, ABIGAIL 29.25 06/05/15 WALLNER, KRISTIN 49.00 06/05/15 WHITE, DANICA 233.01 220.88 06/05/15 TRUONG, CHAU 56.00 06/05/15 TUPY, MARCUS 72.00 06/05/15 WAGNER, JODY 288.00 06/05/15 FRANZMEIER, EILEEN 189.00 06/05/15 LANGER, CHELSEA 65.88 06/05/15 AUSTIN, CATHERINE 80.00 137.25 06/05/15 BUTLER-MILLER, JADE 71.13 06/05/15 CHRISTAL, JENNIFER 247.50 06/05/15 ELLISON, LELIA 90.00 804.01 06/05/15 LOONEY, RAYJEANIA 152.00 G1, Attachments Packet Page Number 84 of 112 500.00 9994990 06/05/15 STEFFEN, MICHAEL 76.50 06/05/15 COUNTRYMAN, BRENDA 1,224.00 06/05/15 PRIEM, STEVEN 06/05/15 NESVACIL, BRENNAN 88.00 06/05/15 PRINS, KELLY 2,028.78 06/05/15 REILLY, MICHAEL 2,059.39 06/05/15 MAIDMENT, COLIN 711.97 06/05/15 MALONEY, SHAUNA 110.62 06/05/15 KRECH, TRAVIS 136.00 580,848.08 2,585.69 06/05/15 WOEHRLE, MATTHEW 2,382.99 06/05/15 XIONG, BOON 2,165.07 06/05/15 BERGO, CHAD 2,907.76 06/05/15 FOWLDS, MYCHAL 4,296.38 06/05/15 FRANZEN, NICHOLAS 3,212.56 06/05/15 KREGER, JASON 2,486.90 G1, Attachments Packet Page Number 85 of 112 G2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Citizen Services Director DATE: June 17, 2015 SUBJECT: Approval of Temporary Permit Fee Waivers for the Church of St. Jerome, 380 E Roselawn Ave Introduction On May 29, 2015 Margaret Ahles, on behalf of the Church of St. Jerome, submitted the following temporary permit applications to be used during the church’s 75th Anniversary celebration, held on August 9, 2015: Liquor Sales, Noise Control Waiver Request, and Tent. The event is not a fundraiser, instead it is a community building celebration, extended to the Maplewood community, and Ms. Ahles has requested a waiver of the permit fees ($271.00) to keep costs to a minimum. Budget Impact None Recommendation Staff recommends the approval to waive the $271.00 fees associated with the temporary permits applied for by the Church of St. Jerome, 380 E Roselawn Ave. Packet Page Number 86 of 112 G3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Citizen Services Director DATE: June 17, 2015 SUBJECT: Approval of Temporary Permit Fee Waivers for the Ramsey County Fair, 2020 White Bear Avenue N Introduction On May 25, 2015 Joe Fox, on behalf of the Ramsey County Agricultural Society, submitted the following temporary permit applications to be used during the Ramsey County Fair from July 15 through July 19, 2015: Noise Control Waiver Request, Display of Fireworks, and Amusement Rides. The fees totaling for these permits is $646.00. In previous years the fees have been waived for temporary permits issued for the Ramsey County Fair, and Mr. Fox is requesting the same for this year. Budget Impact None Recommendation Staff recommends the approval to waive the $646.00 fees associated with the temporary permits applied for by the Ramsey County Agricultural Society, for the Ramsey County Fair held at 2020 White Bear Ave N. Packet Page Number 87 of 112 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works/City Engineer Steven Love, Assistant City Engineer Jon Jarosch, Civil Engineer II DATE: June 9, 2015 SUBJECT: Approval of Resolution for Reduction of Retainage on Existing Construction Contract, Arkwright-Sunrise Area Improvements, City Project 12-09 Introduction The construction contract with Palda & Sons, Inc. for the Arkwright-Sunrise Area Improvements, City Project 12-09, is mostly complete. The contractor has requested, by written notice, a reduction in contract retainage from 5% to 1%. The City Council will consider approval of the resolution authorizing reduction of retainage on existing contract. Background / Discussion On March 24, 2014, the City Council awarded Palda & Sons, Inc. a construction contract for utility and roadway improvements in the amount of $4,082,463.64. No change orders have been approved by the council to date. The contractor has fulfilled the majority of their obligation to the requirements of the project contract work. A reduction in contract retainage to 1% is justified based on the amount of completed work and remaining punch list items to be completed. Budget Impact An adjustment in retainage does not increase or decrease the total approved contract amount. No adjustments to the contract or approved project budget are needed at this time. Recommendation It is recommended that the City Council approve the attached resolution directing the City Engineer to reduce retainage on the existing construction contract from 5% to 1% for the Arkwright-Sunrise Area Improvements, City Project 12-09. Attachments 1. Resolution Approving Reduction in Retainage G4 Packet Page Number 88 of 112 RESOLUTION REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 12-09 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 12-09, Arkwright-Sunrise Area Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, Palda and Sons, Inc. has requested, by written notice, a reduction in contract retainage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that a retainage within the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5% from 1%. Adopted by the Maplewood City Council on this 22nd day of June 2015. G4, Attachment 1 Packet Page Number 89 of 112 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director / City Engineer DATE: June 12, 2015 SUBJECT: Approval of Resolution for Final Payment and Acceptance of Project, Gladstone Area Phase I Bid Package 2 Improvements, City Project 04-21 Introduction The City Council will consider approving the attached resolution approving final payment and acceptance of project for the Gladstone Area Phase I Bid Package 2 Improvements, City Project 04-21. Background The City Council awarded a construction contract to Arnt Construction Company for the Gladstone Area Phase I Bid Package 2 Improvements, City Project 04-21 on May 14, 2012 in the amount of $990,186.60. There have been three change orders to the contract to date with a total amount of $68,245.50. The revised approved construction contract total is $1,058,432.10. Discussion The contractor, Arnt Construction Company, has completed the project improvements. City staff and the project consultants have reviewed the work and deemed it acceptable. The contractor has also submitted the necessary final project closeout documents required for final acceptance of the project. Budget Impact The approved construction contract total is $1,058,432.10 with a final construction contract amount of $1,037,152.99. No adjustment to the approved budget is needed. Recommendation It is recommended that the City Council approve the attached Resolution Approving Final Payment and Acceptance of Project for the Gladstone Area Phase I Bid Package 2 Improvements, City Project 04-21. Attachments 1. Resolution Approving Final Payment and Acceptance of Project 2. Final Payment Application G5 Packet Page Number 90 of 112 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT PROJECT 04-21 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 04-21, Gladstone Area Phase I Bid Package 2 Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Gladstone Area Phase I Bid Package 2 Improvements, City Project 04-21 is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. City Project 04-21 is complete and maintenance of these improvements is accepted by the city; the final construction cost is $1,037,152.99. Final payment to Arnt Construction Company and the release of any retainage or escrow is hereby authorized. Adopted by the Maplewood City Council on this 22nd day of June 2015. G5, Attachment 1 Packet Page Number 91 of 112 Contract:04-21 Owner:City of Maplewood Contractor:Arnt Construction Company, Inc. Project:Gladstone Area Phase 1 Bid Package 2 Improvements KHA Job No.160500012 Application Date:6/12/2015 For Period Ending:6/5/2015 Original Contract Amount:990,186.60$ Contract Amendments:68,245.50$ Contract Amount to Date:1,058,432.10$ Total Amount of Work Completed to Date:1,037,152.99$ Material Stored On-Site but not in Work:-$ Gross Amount Due to Date:1,037,152.99$ Less 0.00% Retainage:-$ Amount Due to Date:1,037,152.99$ Less Previous Payments:978,072.03$ Total Due This Application:59,080.96$ I hereby certify that all items and amounts shown are correct for the work completed to-date. Contractor:ARNT CONSTRUCTION COMPANY, INC. By:Date: The Work on this project and application for payment have been reviewed and the amount shown is recommended for payment. Engineer:KIMLEY-HORN AND ASSOCIATES, INC. By:Date: APPROVED FOR PAYMENT Owner:CITY OF MAPLEWOOD By:Date: APPLICATION FOR PAYMENT PAYMENT NO. 6 - FINAL G5, Attachment 2 Packet Page Number 92 of 112 PAYMENT APPLICATION 6 Contract:04-21 Owner:City of Maplewood Project:Gladstone Area Phase 1 Bid Package 2 Improvements KHA Job No:160500012 Schedule: A Description: BITUMINOUS TRAIL IMPROVEMENTS Item No. Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount To-Date Quantity To-Date Amount 1 2021.501 MOBILIZATION LUMP SUM 1 4,000.00$4,000.00$1 4,000.00$ 2 2104.505 REMOVE BITUMINOUS TRAIL SQ YD 300 2.00$600.00$327 654.00$ 3 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT 50 4.00$200.00$216 864.00$ 4 2105.522 SELECT GRANULAR BORROW (LV)CU YD 50 14.00$700.00$-$ 5 2105.526 SELECT TOPSOIL BORROW (LV)CU YD 405 14.00$5,670.00$406 5,684.00$ 6 2105.607 COMMON EXCAVATION (P)CU YD 615 14.10$8,671.50$615 8,671.50$ 7 2112.603 SUBGRADE PREPARATION LIN FT 2165 4.00$8,660.00$2165 8,660.00$ 8 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 10 125.00$1,250.00$-$ 9 2211.501 AGGREGATE BASE CLASS 6 - 100% CRUSHED TON 1000 16.08$16,080.00$989 15,903.12$ 10 2360.609 TYPE SP 12.5 WEARING COURSE MIXTURE (3,B)(TRAIL)TON 475 77.00$36,575.00$421.97 32,491.69$ 11 2501.602 18" RC PIPE APRON AND TRASH GUARD EACH 2 870.00$1,740.00$-$ 12 2503.541 18" RC PIPE SEWER, CLASS III LIN FT 20 40.00$800.00$36 1,440.00$ 13 2531.602 PEDESTRIAN CURB RAMP EACH 1 630.00$630.00$-$ 14 2531.603 SPOT CONCRETE CURB AND GUTTER REPLACEMENT LIN FT 30 28.00$840.00$10 280.00$ 15 2563.601 TRAFFIC CONTROL LUMP SUM 1 1,400.00$1,400.00$1 1,400.00$ 16 2573.502 SILT FENCE, TYPE MACHINE SLICED LIN FT 0 2.00$-$-$ 17 2573.512 TEMPORARY DITCH CHECK, TYPE 2 (BIOROLLS)LIN FT 200 3.70$740.00$-$ 18 2573.530 INLET PROTECTION TYPE STORM DRAIN EACH 8 150.00$1,200.00$9 1,350.00$ 19 2573.601 EROSION CONTROL, CONTRACTOR'S PLAN LUMP SUM 1 800.00$800.00$-$ Schedule A Subtotal:90,556.50$81,398.31$ Schedule: B Description: LANDSCAPE IMPROVEMENTS Item No. Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount To-Date Quantity To-Date Amount 9 2571.507 LANDSCAPE EDGER LIN FT 480 6.30$3,024.00$430 2,709.00$ 12 2571.507 SEED TYPE 1 (TURF)SQ YD 747 1.60$1,195.20$2261 3,617.60$ 13 2571.507 SEED TYPE 2 (NATIVE)SQ YD 2200 2.10$4,620.00$-$ 14 2571.507 SEED TYPE 3 (TEMPORARY)SQ YD 1950 1.06$2,067.00$-$ 15 2571.507 SOD TYPE 1 (LAWN TYPE)SQ YD 1570 3.20$5,024.00$1781 5,699.20$ 16 2571.507 SOD TYPE 2 (RTF)SQ YD 200 10.80$2,160.00$-$ 17 2575.504 EROSION CONTROL BLANKET, CATEGORY 3 SQ YD 2165 1.20$2,598.00$-$ 18 2575.571 RAPID STABILIZATION METHOD 3 MGAL 2 1,100.00$2,200.00$-$ Turf Establishment Subtotal:22,888.20$12,025.80$ 1 2571.501 CONIFEROUS TREE 6' HT B&B TREE 5 378.00$1,890.00$5 1,890.00$ 2 2571.501 CONIFEROUS TREE 7' HT B&B TREE 1 410.00$410.00$1 410.00$ 3 2571.502 DECIDUOUS TREE 2" CAL. B&B TREE 89 274.00$24,386.00$80 21,920.00$ 4 2571.503 ORNAMENTAL TREE #15 CONT. B&B TREE 7 210.00$1,470.00$7 1,470.00$ 5 2571.503 ORNAMENTAL TREE #25 CONT. B&B TREE 9 262.00$2,358.00$9 2,358.00$ 6 2571.505 DECIDUOUS SHRUB #2 CONT.SHRUB 357 25.00$8,925.00$357 8,925.00$ 7 2571.505 DECIDUOUS SHRUB #3 CONT.SHRUB 697 31.00$21,607.00$689 21,359.00$ 8 2571.505 DECIDUOUS SHRUB #5 CONT.SHRUB 156 37.00$5,772.00$156 5,772.00$ 10 2571.507 PERENNIAL #1 CONT.PLANT 1254 6.80$8,527.20$1254 8,527.20$ 11 2571.507 PERENNIAL #2 CONT.PLANT 372 14.70$5,468.40$388 5,703.60$ Tree, Plant, and Shrub Subtotal:80,813.60$76,034.80$ Tree, Plant, and Shrub Partial Payment Percentage:100%76,034.80$ Schedule B Subtotal:103,701.80$88,060.60$ Schedule: C Description: STREET LIGHTING IMPROVEMENTS Item No. Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount To-Date Quantity To-Date Amount 1 2545.511 LIGHTING UNIT TYPE 1 EACH 10 4,690.00$46,900.00$10 46,900.00$ 2 2545.511 LIGHTING UNIT TYPE 2 EACH 4 6,560.00$26,240.00$4 26,240.00$ 3 2545.515 LIGHT BASE DESIGN E MODIFIED EACH 14 590.00$8,260.00$14 8,260.00$ 4 2545.523 2" NON-METALLIC CONDUIT LIN FT 3460 4.78$16,538.80$3428 16,385.84$ 5 2545.531 UNDERGROUND WIRE 1 COND NO 12 LIN FT 1620 0.48$777.60$1380 662.40$ 6 2545.531 UNDERGROUND WIRE 1 COND NO 4 LIN FT 11640 1.42$16,528.80$11118 15,787.56$ 7 2545.531 UNDERGROUND WIRE 1 COND NO 6 LIN FT 3880 1.10$4,268.00$3806 4,186.60$ ARNT CONSTRUCTION COMPANY, INC. ARNT CONSTRUCTION COMPANY, INC. ARNT CONSTRUCTION COMPANY, INC. G5, Attachment 2 Packet Page Number 93 of 112 8 2545.553 HANDHOLE EACH 7 640.00$4,480.00$7 4,480.00$ Schedule C Subtotal:123,993.20$122,902.40$ Schedule: D Description: SAVANNA AREA IMPROVEMENTS ARNT CONSTRUCTION COMPANY, INC. Item No. Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount To-Date Quantity To-Date Amount 1 2021.601 MOBILIZATION LUMP SUM 1 12,900.00$12,900.00$1 12,900.00$ 2 2101.611 CLEARING AND GRUBBING LUMP SUM 1 8,000.00$8,000.00$1.71 13,680.00$ 3 2104.501 REMOVE SEWER PIPE (STORM)LIN FT 12 18.00$216.00$12 216.00$ 4 2104.502 REMOVE APRON (STORM)EACH 3 230.00$690.00$3 690.00$ 5 2104.607 REMOVE MISCELLANEOUS DEBRIS CU YD 20 18.00$360.00$60 1,080.00$ 6 2105.526 SELECT TOPSOIL BORROW (CV)CU YD 2000 17.00$34,000.00$2000 34,000.00$ 7 2105.607 COMMON EXCAVATION (EV)(P)CU YD 50265 4.98$250,319.70$50265 250,319.70$ 8 2105.607 EXCAVATION SPECIAL - CONTAMINATED SOIL (EV)CU YD 420 38.60$16,212.00$325 12,545.00$ 9 2123.501 LABORER HOUR 0 64.00$-$-$ 10 2123.514 3 CY FRONT END LOADER HOUR 0 150.00$-$-$ 11 2123.610 3 CY BACKHOE HOUR 0 190.00$-$-$ 12 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 12 125.00$1,500.00$-$ 13 2211.501 AGGREGATE BASE CLASS 6 - 100% CRUSHED TON 1689 18.20$30,739.80$1715.49 31,221.92$ 14 2360.609 TYPE SP 12.5 WEARING COURSE MIXTURE (3,B)(TRAIL)TON 636 77.00$48,972.00$577.16 44,441.32$ 15 2411.601 HEADWALL C, CUSTOM FORMLINER, ANTI-GRAFFITI COATING LUMP SUM 1 14,000.00$14,000.00$1 14,000.00$ 16 2411.601 RETAINING WALL A, CUSTOM FORMLINER, ANTI-GRAFFITI COATING LUMP SUM 1 59,800.00$59,800.00$1 59,800.00$ 17 2411.601 RETAINING WALL B, CUSTOM FORMLINER, ANTI-GRAFFITI COATING LUMP SUM 1 22,600.00$22,600.00$1 22,600.00$ 18 2411.603 ORNAMENTAL IRON FENCE LIN FT 120 162.00$19,440.00$116 18,792.00$ 19 2503.511 14" STEEL PIPE LIN FT 20 88.00$1,760.00$20 1,760.00$ 20 2503.511 15" HDPE PIPE LIN FT 345 36.00$12,420.00$352 12,672.00$ 21 2503.511 20" STEEL PIPE LIN FT 29 86.00$2,494.00$29 2,494.00$ 22 2503.511 24" HDPE PIPE LIN FT 298 52.00$15,496.00$298 15,496.00$ 23 2503.511 24" STEEL PIPE LIN FT 24 104.00$2,496.00$24 2,496.00$ 24 2503.511 6" PVC PIPE LIN FT 60 24.00$1,440.00$60 1,440.00$ 25 2503.541 30" RC PIPE SEWER, CLASS III LIN FT 180 62.00$11,160.00$180 11,160.00$ 26 2503.541 42" RC PIPE SEWER, CLASS III LIN FT 82 101.00$8,282.00$82 8,282.00$ 27 2506.502 CONSTRUCT DRAINAGE STRUCTURE DES. 48-4020 EACH 4 1,470.00$5,880.00$4 5,880.00$ 28 2506.502 CONSTRUCT DRAINAGE STRUCTURE DES. 48-4020 (W/ SPLIT TOP GRATE)EACH 1 2,790.00$2,790.00$1 2,790.00$ 29 2506.502 CONSTRUCT DRAINAGE STRUCTURE DES. 48-4020 (W/ SUMP)EACH 2 2,580.00$5,160.00$2 5,160.00$ 30 2506.502 CONSTRUCT DRAINAGE STRUCTURE DES. YARD DRAIN EACH 1 1,000.00$1,000.00$1 1,000.00$ 31 2506.502 CONSTRUCT DRAINAGE STRUCTURE DIVERSION (60" DIA.)EACH 1 5,620.00$5,620.00$1 5,620.00$ 32 2506.502 CONSTRUCT DRAINAGE STRUCTURE DIVERSION (84" DIA.)EACH 1 10,400.00$10,400.00$1 10,400.00$ 33 2506.516 CASTING ASSEMBLY (STORM MANHOLE)EACH 8 820.00$6,560.00$8 6,560.00$ 34 2511.501 BOULDERS (24" SIZE AND LARGER)TON 14 74.00$1,036.00$43.5 3,219.00$ 35 2511.501 RANDOM COBBLES (6" - 8" SIZE)TON 150 74.00$11,100.00$150 11,100.00$ 36 2511.501 RANDOM RIP RAP, CLASS III (FIELD STONE)CU YD 12 112.00$1,344.00$14 1,568.00$ 37 2511.501 RANDOM RIP RAP, CLASS V (FIELD STONE)CU YD 100 112.00$11,200.00$100 11,200.00$ 38 2511.501 RANDOM RIVER ROCK (3/4" - 1 1/2" SIZE)TON 75 34.00$2,550.00$46.9 1,594.60$ 39 2511.515 GEOTEXTILE FABRIC, TYPE IV SQ YD 112 4.00$448.00$112 448.00$ 40 2573.502 SILT FENCE, TYPE MACHINE SLICED LIN FT 1400 2.00$2,800.00$2740 5,480.00$ 41 2573.512 TEMPORARY DITCH CHECK, TYPE 2 (BIOROLLS)LIN FT 200 3.70$740.00$200 740.00$ 42 2573.530 INLET PROTECTION TYPE STORM DRAIN EACH 5 150.00$750.00$5 750.00$ 43 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 1 700.00$700.00$1 700.00$ 44 2575.511 MULCH MATERIAL, TYPE 1 TON 17 210.00$3,570.00$20 4,200.00$ 45 2575.523 EROSION CONTROL BLANKET, CATEGORY 1 (1S-RD)SQ YD 5313 1.20$6,375.60$2710 3,252.00$ 46 2575.605 MnDOT SEED MIX NO. 21-211 ACRE 8 840.00$6,720.00$15.68 13,171.20$ Schedule D Subtotal:662,041.10$666,918.74$ Schedule: D1 Description: SAVANNA AREA IMPROVEMENTS - RIBBON CURB - TRAIL D ONLY Item No. Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount To-Date Quantity To-Date Amount 1 2105.607 COMMON EXCAVATION (EV)(P)CU YD 27 18.00$486.00$27 486.00$ 2 2211.501 AGGREGATE BASE CLASS 6 - 100% CRUSHED TON 53 14.00$742.00$69.36 971.04$ 3 2531.603 RIBBON CURB (8" WIDE)LIN FT 842 12.60$10,609.20$968 12,196.80$ Schedule D1 Subtotal:11,837.20$13,653.84$ Schedule: D2 Description: NATURE CENTER IMPROVEMENTS Item No. Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount To-Date Quantity To-Date Amount 1 2105.607 HAUL AND STOCKPILE 4.5 MILE ROUTE (LV)CU YD 20876 0.80$16,700.80$18272 14,617.60$ Schedule D2 Subtotal:16,700.80$14,617.60$ ARNT CONSTRUCTION COMPANY, INC. ARNT CONSTRUCTION COMPANY, INC. G5, Attachment 2 Packet Page Number 94 of 112 Schedule: CO #1 Description: PEDESTRIAN RAMP IMPROVEMENTS Item No. Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount To-Date Quantity To-Date Amount 1 4" CONCRETE SIDEWALK SQ FT 300 4.95$1,485.00$300 1,485.00$ 2 6" CONCRETE SIDEWALK SQ FT 430 5.50$2,365.00$430 2,365.00$ 3 TRUNCATED DOME PANELS EACH 15 154.00$2,310.00$15 2,310.00$ 4 REMOVE AND REPLACE B624 CURB AND GUTTER LF 62 35.20$2,182.40$62 2,182.40$ Schedule CO #1 Subtotal:8,342.40$8,342.40$ Schedule: CO #2 Description: ADDITIONAL LANDSCAPING Item No. Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount To-Date Quantity To-Date Amount 1 ADDITIONAL LANDSCAPING LUMP SUM 1 14,477.10$14,477.10$1 14,477.10$ Schedule CO #2 Subtotal:14,477.10$14,477.10$ Schedule: CO #3 Description: GLADSTONE EROSION CORRECTION Item No. Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount To-Date Quantity To-Date Amount 1 GLADSTONE EROSION CORRECTION LUMP SUM 1 26,782.00$26,782.00$1 26,782.00$ Schedule CO #3 Subtotal:26,782.00$26,782.00$ COST SUMMARY Contract:04-21 Owner:City of Maplewood Project:Gladstone Area Phase 1 Bid Package 2 Improvements Schedule Description Contract Amount To-Date Amount A BITUMINOUS TRAIL IMPROVEMENTS 90,556.50$81,398.31$ B LANDSCAPE IMPROVEMENTS 103,701.80$88,060.60$ C STREET LIGHTING IMPROVEMENTS 123,993.20$122,902.40$ D SAVANNA AREA IMPROVEMENTS 662,041.10$666,918.74$ D1 SAVANNA AREA IMPROVEMENTS - RIBBON CURB - TRAIL D ONLY 11,837.20$13,653.84$ D2 SAVANNA AREA IMPROVEMENTS - HAUL AND STOCKPILE EXCESS MATERIAL TO OFF-SITE LOCATION 16,700.80$14,617.60$ CO #1 CHANGE ORDER NO. 1 8,342.40$8,342.40$ CO #2 CHANGE ORDER NO. 2 14,477.10$14,477.10$ CO #3 CHANGE ORDER NO. 3 26,782.00$26,782.00$ Total Contract 1,058,432.10$1,037,152.99$ ARNT CONSTRUCTION COMPANY, INC. ARNT CONSTRUCTION COMPANY, INC. ARNT CONSTRUCTION COMPANY, INC. ARNT CONSTRUCTION COMPANY, INC. G5, Attachment 2 Packet Page Number 95 of 112 Payment No. Payment End-Date Payment Application Date Amount 1 7/6/2012 7/12/2012 171,936.32$ 2 7/27/2012 7/31/2012 146,469.28$ 3 9/30/2012 10/4/2012 514,414.64$ 4 12/31/2012 1/4/2013 98,832.34$ 5 10/15/2013 10/30/2013 46,419.45$ 6 6/5/2015 6/12/2015 59,080.96$ 7 8 Total Payments:1,037,152.99$ PAYMENT HISTORY G5, Attachment 2 Packet Page Number 96 of 112 G6 AGENDA REPORT TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Parks & Recreation Director SUBJECT: Approval of Resolution Directing Modification of Existing Contract with Cool Air Mechanical to Replace HVAC/Dehumidifier Unit at the MCC, Change Order No. 1 DATE: June 22, 2015 Introduction The City Council will consider approving the attached resolution directing the modification of the existing contract with Cool Air Mechanical to replace the HVAC unit at the MCC. Background At the August 25, 2014 council meeting, City Council approved awarding of contract for the replacement of the HVAC/Dehumidifier Unit at the MCC to Cool Air Mechanical in the amount of $509,800. The funding for this piece of equipment and installation will be paid with proceeds from the 2014A Equipment Certificate Bond. Discussion The HVAC unit was originally planned for installation in February/March 2015. Staff made a decision to delay the installation until May 1, 2015 due to the shutdown of the aquatic center for an entire month for installation. The decision was based on data associated with membership utilization and ongoing swimming lessons. January through April are typically the busiest times for the MCC and staff believed that pushing this project back a few months would minimize the impact to our members. The additional cost for storage and handling of the HVAC equipment is $1,418. The change order cost is summarized below: Change Order #1 Unit Quantity Amount 1 Storage & Handling HVAC 1 $1,418.00 Total Change Order #1 $1,418.00 Budget Approval of Change Order No. 1 will increase the project construction contract amount by $1,418.00 from $509,800 to $511,218 which will need to be covered by MCC operating funds. Packet Page Number 97 of 112 G6 Recommendation Staff recommends that the council approve the attached Resolution Directing Modification of Existing Contract with Cool Air Mechanical to Replace HVAC/Dehumidifier Unit at the MCC, Change Order No. 1. Attachments 1. Resolution Directing Modification of Existing Construction Contract, Change Order No. 1 Packet Page Number 98 of 112 G6, Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONTRACT WITH COOL AIR MECHANICAL, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has entered into a contract with Cool Air Mechanical to Replace the HVAC Unit at the Maplewood Community Center, and WHEREAS, it is now necessary and expedient that said contract be modified as a result of delay in start date, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor and Park & Recreation Director are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $1,418.00 The revised contract amount is $511,218.00 Adopted by the Maplewood City Council on this 22nd day of June 2015. Packet Page Number 99 of 112 G7 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Mychal Fowlds, IT Director DATE: June 16, 2015 SUBJECT: Approval to Enter Into Lease Agreement with North St. Paul for Use of Fiber Optics Introduction The City of Maplewood utilizes fiber optics to connect all remote sites back to our data centers. With the construction of the South Maplewood Fire Station we are now looking to provide that same level of connectivity to the new building. This item was previously approved by Council and is being presented for approval again to account for revisions made by North St. Paul’s City Council and approved by them on June 16, 2015. Background As stated above, staff has built our systems around the connectivity and capacity that is provided via our fiber optic infrastructure. The systems used at the South Fire Station will be no different. Our security systems, video surveillance systems and phones all operate over our network and with the bandwidth provided by fiber optics the sky is the limit as to what we can utilize them for. This is one of the reasons we’re able to extend our Policing efforts South. Fiber optics at our remote sites allow anyone working at those sites the same abilities as if they were located at our main campus. The transfer of digital evidence and in-squad video along with access to the secure applications needed by our Police Officers are all able to be easily accomplished with this level of service. With fiber optic connectivity we have the most reliable, scalable solution available. The cost of installing fiber optics is not cheap. That is why staff has been working with North St. Paul to explore the possibility of entering into a 20 year lease that would allow Maplewood use of some of their existing fiber optics. North St. Paul installed a substantial fiber optic network throughout much of their City and extended it south on Century/120. This segment still has some available capacity. This agreement allows Maplewood use of said fiber optics for 20 years. W hich, along with the previous fiber optics approved on September 22, 2014, would then provide connectivity back to Maplewood City Hall. The North St. Paul proposal includes 31,000 feet of fiber optics that run from Century and Minnehaha all the way back to Maplewood City Hall. This agreement was previously approved by the Maplewood City Council in its original form. North St. Paul City Council made the following changes to the initial proposal and subsequently approved this revision. Staff feels the changes are fair but substantial enough to request approval from the City Council prior to moving ahead. 1. Section 1.3: removal of the two subsequent “automatic” 10-year renewals. The intent here is that this is a 20 year agreement and that renewal should be renegotiated at the end of the term. Packet Page Number 100 of 112 G7 2. Section 2.4: requirement that grantee (Maplewood) be responsible for its share of any relocation expenses. In other words, if the sections of fiber optics that Maplewood would be utilizing requires relocation due to, for example, road construction, Maplewood would assist with funding the relocation based on our share (1/12) of fiber optics. 3. Section 3.1: the price is $129,329 for the 20 years with no prorated reimbursement if grantee (Maplewood) opts to cancel IRU. Over the past 6 months we’ve been utilizing Comcast as a means to connect the South Fire Station back to City Hall. While the speed of the connection has been sufficient for accessing e-mail and basic tasks we have seen and heard many complaints about the speed of accessing core public safety applications that are hosted outside of our City network and any access/transfer of large files on our City servers. More concerning has been the reliability of the connection that the South Fire Station has with the rest of the City. In the last 4 months we’ve had 23 times where connectivity at the Station has been lost with 5 of those occurrences lasting for over 20 minutes. During that same period we have not lost connectivity to ANY of our other City buildings, all connected via fiber optics. While the main focus of this agreement is providing connectivity to the South Fire Station, it’s worth noting that the fiber optics run down Century/120 passing by 2 other City sites as well, the Nature Center and the East Metro Fire Training Facility. This agreement provides us a means of connecting those buildings as well in the future if the need should arise. Budget Impact The installation for this portion of fiber optics, in the amount of $129,329, will be funded from the South Fire Station project fund. In the event that the Fire Station project goes over budget, staff will utilize proceeds from the sale of the other fire stations to cover the cost overruns prior to moving forward with any upgrades to the Hazelwood and Gladstone stations. The fiber use agreement also includes the cost sharing of the annual maintenance fees. Annual maintenance covers locate tickets, locates and fiber repair. Our yearly share for the maintenance on 12 strands is $4,409.46 and will be paid from the IT Fund. The agreement also includes a provision stating that those maintenance costs are subject to an increase of up to 3% each year over the term of the agreement based on the actual maintenance costs. In other words, if actual maintenance costs increase the agreement allows for our cost sharing to reflect that increase. Also budgeted and paid for from the IT Fund would be Maplewood’s portion of any relocation expenses over the term of the agreement. Recommendation Staff recommends that the Council give approval to enter into an optical fiber use agreement with the City of North St. Paul to provide connectivity to the South Fire Station. Attachments 1. Optical Fiber Use Agreement Packet Page Number 101 of 112 1 OPTICAL FIBER USE AGREEMENT This agreement (“Agreement”) is between the City of North St. Paul ("City") and the City of Maplewood ("Grantee"), collectively referred to as ("Parties"). The Parties are statutory cities and municipal corporations of the State of Minnesota. Recitals A. Under Minn. Stat. §471.59, subd. 10, the Parties are empowered to enter into agreements for the joint exercise of powers with other governmental units for public purposes. B. The Parties have the right to own telecommunications equipment for their own municipal use and to enter into agreements with other cities conveying title to or otherwise granting rights to use telecommunications facilities. C. The City owns and operates optical fiber and cable linking facilities as depicted in Diagram 1, attached and made a part of this Agreement, and Grantee is in need of optical fiber for its own uses. NOW THEREFORE, for valuable consideration, the parties agree as follows: SECTION ONE - JOINT AND COOPERATIVE AGREEMENT 1.1 The Effective Date of this Agreement shall be August 1, 2015. 1.2 The Parties hereby form this Agreement pursuant to Minn. Stat. § 471.59, which allows two or more governmental units to jointly and cooperatively exercise any power common to the contracting parties or any similar powers. The purpose of the Agreement is to facilitate the cooperative use of optical fiber owned by the City at the time of this Agreement in accordance with the terms of this Agreement. The Parties intend to be governed by Subd. l (a) of Section 471.59 and do not hereby assume responsibility for the acts or omissions of the other party. 1.3 This Agreement shall terminate twenty (20) years from the Effective Date, unless terminated earlier by a material breach by either party' or extended for an additional period(s). SECTION TWO - GRANT OF INDEFEASIBLE RIGHT TO USE 2.1 For purposes of this Agreement an "Indefeasible Right to Use" ("IRU") shall mean an irrevocable grant to fully possess, use and utilize the described facility granted, for all municipal purposes of the Grantee, but not for commercial profit purposes. 2.2 The City hereby grants to the Grantee an IRU of approximately thirty-one thousand (31,000) feet of optical fibers of the City's fiber optic cable system ("Optical Fiber") connecting the access points ("AP") as described in Diagram 1 - Map G7, Attachment 1 Packet Page Number 102 of 112 2 Segment Lengths as shared backbone, attached to and made a part of this Agreement. 2.3 Notwithstanding the grant of an IRU to Grantee, the City will continue to own and maintain the Optical Fiber to ensure continuous functionality. City response for repairs on the Optical Fiber segments will be with an intended goal of four hours of any reported trouble. Trouble or Outages should be reported to the City's Emergency Service Line at (651) 747-2417. 2.4 City shall maintain responsibility for any maintenance, repair or relocation costs of the Optical Fiber. Grantee will reimburse City for a share of the maintenance costs referenced in paragraph 3.2 below. Grantee is responsible for their prorata share of relocation costs of the Optical Fiber. Prorata share shall be determined by the percentage of Optical Fiber controlled by Grantee multiplied by the cost of relocation. 2.5 The City's guarantee to Grantee of access to the Network is unconditional and shall not be affected by Grantee's use of the Metro I-net as a provider of information technology services or the Grantee's use of any other provider for equivalent services SECTION THREE - PAYMENT 3.1 Grantee shall pay the City $129,329.00 for the IRU for the twenty-year term of this Agreement. This cost will be paid upon approval of this Agreement by both parties in a single lump sum. If this Agreement is terminated prior to the full twenty (20) years; and said termination is not due to a material breach of City, the City shall be entitled to retain the entire lump sum payment. If said termination is due to a material breach of City, Grantee shall be entitled to an equitable, pro rata recovery of this payment as appropriate. 3.2 Following pre-installation written notice from the City and satisfactory City installment, Grantee shall pay the reasonable one-time cost of future additional connections to the Optical Fiber. There will be no additional recurring cost to Grantee. 3.3 Grantee shall pay the City an annual recurring cost of $4,409.46 as Grantee's share of maintenance costs for the Optical Fiber. The City shall perform all maintenance on the Optical Fiber, which shall consist of Clearing of Locate Tickets, Locates and Fiber Repair. Maintenance costs are subject to an increase of up to 3% each year over the term of the Agreement, at the City's discretion and based on costs. These costs will be paid upon invoice from City and within Grantee standard payment policies. Grantee agrees to pay its share of federal or state taxes, if any, which may be imposed on the Optical Fiber during the term of this Agreement in accordance with the appropriate tax allocation between the City's ownership of the Optical Fiber and the Grantee's IRU. SECTION FOUR- PARTY REPRESENTATIVES - NOTICE 4.1 To assist the Parties in the day-to-day performance of this Agreement, to ensure compliance with the specifications and to provide ongoing consultation, representatives shall be designated by the Parties. The Parties shall inform each other, in writing, of any change in the designated representatives. At the time of G7, Attachment 1 Packet Page Number 103 of 112 3 execution of this Agreement the following persons are the designated representatives. Grantee: City: Mychal Fowlds Scott Duddeck Information Technology Director Fire Chief/Public Works Director 1830 County Road B East 2400 Margaret Street North Maplewood, MN 55109 North St. Paul, MN 55109 Voice: 651.249/2923 Voice: 651.747.2436 Email: Email: Mychal.fowlds@ci.maplewood.mn.us scott.duddeck@ci.north-saint-paul.mn.us 4.2 No representative established pursuant to this Section shall have authority to bind the City or Grantee, which may only be bound pursuant to action of the respective City Councils or by their express, written delegation of authority to a representative of the party. SECTION FIVE - REPRESENTATIONS AND WARRANTIES 5.1 The Parties have authority to enter into this Agreement upon approval by the respective City Councils and execution by the authorized representatives. 5.2 The City warrants that, pursuant to the requirements of this Agreement, and upon written notice of the City, it will promptly remedy any delays, omissions, or interruptions to the Network. The City further warrants that it has and shall maintain in full force and effect during this Agreement, and any extension to this Agreement, all necessary federal, state and local authorizations, permits and licenses to construct, operate and maintain the Network and provide access to the Network to the Grantee through the IRU. 5.3 The City shall not create, or allow to be created, any lien on the Optical Fiber, the rights or title relating to the Optical Fiber, or any interest therein. If any third party to create such a lien, the City will promptly, at its own expense, take all necessary action to discharge any such lien and shall hold Grantee harmless from any and all costs resulting from such lien or action related to a lien. 5.4 The Parties represent that this Agreement does not conflict with any laws, including the cable franchises held by each Party. SECTION SIX – ASSIGNMENT AMENDMENTS, WAIVER, AND CONTRACT COMPLETE 6.1 Neither the City nor the Grantee may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other Party. 6.2 Any amendment to this Agreement must be in writing and will not be effective until approved and executed by the City Council of each Party. 6.3 If either Party fails to enforce any provision of this Agreement, such failure does not waive the provision or the Party's right to enforce it or other provisions at a later time. G7, Attachment 1 Packet Page Number 104 of 112 4 6.4 This Agreement contains all negotiations and agreements between the Grantee and the City. No other understanding regarding this Agreement, whether written or oral, may alter the express terms of this Agreement. 6.5 This Agreement is governed by an express covenant of good faith and fair dealing between the Parties. SECTION SEVEN - LIABILITY, INSURANCE AND INDEMNIFICATION 7.1 Each Party to this Agreement shall be liable for its own acts or omissions and those of its own employees. Neither Party shall be responsible for the acts of the other Party, its agents or employees. 7.2 Liability and damages arising from the Parties' acts and omissions are governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466, the Minnesota Tort Claims Act, Section 471.59, and other applicable law. Each Party warrants that it is able to comply with the aforementioned liability requirements through an insurance or self-insurance program and that each has coverage consistent with the liability limits contained in Chapter 466. 7.3 This Agreement does not constitute a waiver by either Party of limitations on liability, provided by Chapter 466, or other applicable law. This clause will not be construed to bar any legal remedies that each Party may have for the other Party's failure to fulfill its obligations under this Agreement. 7.4 Each Party shall defend, indemnify and hold the other Party harmless from any and all liability, on account of injury to persons or damage to property occasioned by the alleged negligent or intentional acts of the indemnifying Party. Neither Party, shall be indemnified for losses or claims occasioned by its own negligence or intentional acts. 7.5 In the event a suit is brought against a Party under circumstances where this agreement to indemnify applies, the indemnifying Party at its sole cost and expense shall defend the other Party in such suit if written notice thereof is promptly given to the indemnifying Party within a period wherein it is not prejudiced by lack of such notice. If a Party is required to indemnify and defend, it will thereafter have control of such litigation, but may not settle without the consent of the indemnified Party, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the indemnifying Party. SECTION EIGHT - GRANTEE AUDITS Grantee shall have the right to review the City's books, records, documents and accounting procedures relevant to this Agreement. These rights shall be exercised upon request of the Grantee at any time, for review at a mutually convenient time and location. The costs of such review shall be borne by Grantee if no material irregularities are found. If Grantee discovers material irregularities, the City shall bear the cost of Grantee's audit. SECTION NINE - GOVERNMENT DATA PRACTICES ACT This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. If either Party receives a request for a Data request affecting data or property of the G7, Attachment 1 Packet Page Number 105 of 112 5 other Party, the Party receiving the request shall immediately notify the other Party of the request and of the scope of intended disclosure. Each Party retains its full rights under the Act. SECTION TEN - DISPUTE RESOLUTION If the Parties are unable to resolve any dispute arising out of or relating to this Agreement, they agree to binding arbitration as the exclusive remedy for such disputes. Claims submitted to arbitration shall be brought within Minnesota's applicable statutes of limitations periods for such claim or cause of action. The parties shall mutually select a neutral, qualified arbitrator and shall share the costs and fees of the arbitrator equally. The arbitration shall be governed by Minnesota Statutes, Sections 572.08 to 572.30, the Uniform Arbitration Act. City of Maplewood City of North St Paul By: By: Name: Name: Title: Mayor Title: Mayor City of Maplewood City of North St Paul By: By: Name: Name: Title: City Manager Title: City Manager G7, Attachment 1 Packet Page Number 106 of 112 Copyright © and (P) 1988–2012 Microsoft Corporation and/or its suppliers. All rights reserved. http://www.microsoft.com/mappoint/Certain mapping and direction data © 2012 NAVTEQ. All rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario. NAVTEQ and NAVTEQ ON BOARD are trademarks of NAVTEQ. © 2012 Tele Atlas North America, Inc. All rights reserved. Tele Atlas and Tele Atlas North America are trademarks of Tele Atlas, Inc. © 2012 by Applied Geographic Solutions. All rights reserved. Portions © Copyright 2012 by Woodall Publications Corp. All rights reserved.Diagram 1 Facility Locations0 mi123G7, Attachment 1Packet Page Number 107 of 112 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 108 of 112 J1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Paul Schnell, Chief of Police DuWayne Konewko, Parks & Recreation Director DATE: June 15, 2015 SUBJECT: Approval to Apply for St. Paul Foundation - Advancing Racial Equity Grant Introduction In recognition of the Saint Paul Foundation’s 75th Anniversary, the Foundation is offering a special grant opportunity focused on efforts to end racism and racial disparities. The City’s Human Rights Commission in cooperation with the Maplewood Parks and Police Departments seek authorization to apply for a $75,000 grant focused on the Foundation’s question: “What will your organization do to advance racial equity in the East Metro?” Background The St. Paul Foundation seeks proposals through this special grant making program that is designed to raise awareness of efforts to end racial disparities and carryout and/or deepen racial equity work. Maplewood’s Parks and Police Department recently met to discuss the importance of these issues in Maplewood. Subsequently, staff engaged the Maplewood Human Rights Commission who unanimously approved support for an application that includes a variety of components aimed at clearly identifying critical measures that provides for the City’s benefit in knowing the location, responsiveness, and needed services to the diverse communities that make-up the City of Maplewood. In addition, the project seeks to analyze the extent to which the City’s current and future workforce reflects the community it serves, along with evaluation of possible program access disparities by diverse communities and disparate outcomes by race in police enforcement. Ultimately, project learning will serve as impetus for a range of departmental and Human Rights Commission recommendations to the City Council and City departments. The grant application for up to $75,000 (onetime funding) is due on June 30, 2015 and does not require a match. Budget Impact No adverse budgetary impact. Recommendation It is recommended that the City Council authorize the City Manager and involved departments to make application for this special funding opportunity. Attachments 1. Fiscal agent agreement Packet Page Number 109 of 112 J1, Attachment 1 FISCAL AGENT AGREEMENT Please complete this form and return it to The Saint Paul Foundation The authorized representative of (Legal Name of Fiscal Agent as per the latest IRS determination lette.) Certifies that the Board of Directors has agreed to serve as fiscal agent for for the purpose of receiving funding from (Name of Applicant) The Saint Paul Foundation. By this action, we agree to provide the following support for the applicant: 1. Establish a separate accounting record for the project. 2. Establish a regular schedule for the disbursement of funds to the project. 3. Disburse funds to the applicant group only upon receipt of adequate invoices and time sheets. Disbursement of funds is not to exceed the amount budgeted. 4. Maintain records in accordance with established bookkeeping principles and submit required financial reports to the applicant group and to The Saint Paul Foundation. 5. If a fee is to be charged for our services, it will be a set fee agreed upon with the applicant prior to signing this agreement. We also agree to abide by all other requirements as stated in the Terms of Grant Agreement and to provide the following documentation to The Saint Paul Foundation: 6. Financial and year-end reports as part of the grant application. Authorized Signature Print Authorized Signer's Name/Position Fiscal Agent Address: City State Zip Code Telephone of authorized representative: ( ) Email address of authorized representative: Packet Page Number 110 of 112 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: June 16, 2015 SUBJECT: Council Calendar Update 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 announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. No action is required. Upcoming Agenda Items & Work Session Schedule 1. June 29th SPECIAL MEETING at 5 pm a. Workshop – CPR Training, 2016 – 2020 CIP Discussion/Review 2. July 13th a. Workshop – Fire Department Staffing Discussion; Wellness Program; 2016 - 2020 CIP Discussion/Review, Continued 3. July 27th a. Council Meeting – Adoption of 2016 - 2020 CIP 4. August 10th a. Workshop – MCC Theatre Lease Agreement Discussion Budget Impact None. Recommendation No action required. Attachments None. M1 Packet Page Number 111 of 112 M2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Citizen Services Director DATE: June 17, 2015 SUBJECT: Update on July 4th Event Staff has diligently worked on the event and are prepared for a fun filled wonderful July 4th Light It Up celebration. A report of events and happenings will be given to the council at the meeting. Packet Page Number 112 of 112