HomeMy WebLinkAbout06-09-2003MINUTES
MAPLEWOOD CITY COUNCIL
7:17 P.M. June 9, 2003
Council Chambers, Municipal Building
Meeting No. 03-12
A.
B.
C.
D.
E.
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the Municipal
Building, and was called to order at 7:17 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Kenneth V. Collins, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the May 27, 2003 City CounciUManager Workshop
Councilmember Wasiluk moved to approve the CounciUMana~er Workshop Minutes of
May 27, 2003 as amended.
Seconded by Councilmember Koppen Ayes-All
2. Minutes from the May 27, 2003 City Council Meeting
Councilmember Wasiluk moved to approve the City Council Meeting Minutes of May
27, 2003 as presented.
Seconded by Councilmember Juenemann Ayes-All
APPROVAL OF AGENDA
M1. Council Operations
M2. L.U.S.T. Sites
M3. School District 623
M4. Emma's Place
M5. Lakes and Wetlands
M6. State Law 2:00 a.m. Bar Closing
M7. Lydia and White Bear Avenue Turn Lane
M8. River Front Facilities Committee
City Council Meeting 06-09-03
Councilmember Koppen moved to approve the agenda as amended.
F
G.
Seconded by Councilmember Juenemann Ayes-All
APPOINTMENT S/PRESENTATIONS
None
CONSENT AGENDA
1. Approval of Claims
ACCOUNTS
PAYABLE
$118,403.09 Checks #60968 thru #61013 dated 5/27/03
$137,141.65 Disbursements via debits to checking account
dated 5/15 thru 5/21/03
$7,400.00 Check #61014 dated 5/29/03
$379,532.37 Checks #61015 thru #61067 dated 6/1 thru
6/3/03
$231,689.95 Disbursements via debits to checking account
dated 5/23 thru 5/29/03
$874,167.06
PAYROLL
$397,727.89
$24,482.07
$422,209.96
$1,296,377.02
Total Accounts Payable
Payroll Checks and Direct Deposits dated
5/23/03
Payroll Deduction checks #93678 thru #93683
dated 5/23/03
Total Payroll
GRAND TOTAL
2. Conditional Use Permit Review-Maplewood Fire Station Number 2 (1955
Clarence Street)
Approved to review the conditional use permit for Maplewood Fire Station
Number 2 at 1955 Clarence Street again only if a problem develops.
3. Conditional Use Permit Review-Beaver Lake Town Houses PUD (Lakewood
Drive and Maryland Avenue)
City Council Meeting 06-09-03
2
Approved to review the conditional use permit for the planned unit development
for the Beaver lake Townhouses at Maryland Avenue and Lakewood Drive again
in one year.
4. Conditional Use Permit Review-Woodland Hills Church (1740 Van Dyke Street)
Approved to review the conditional use permit for Woodland Hills Church in the
future only if there are changes to the conditional use permit, an expansion to the
facility or if problems arise.
5. Approval of Aquatics Agreement with the City of Oakdale for Managing Tanners
Beach
Approved to enter into the joint powers agreement between the City of Oakdale
and the City of Maplewood regarding the operation of Tanners Beach for the
2003 beach season for the fee of $8000.
6. Parks and Recreation Department-Fireworks Permit
Approved the permits for fireworks and noise control for the City Parks and
Recreation Department.
Ramsey County Fair-Carnival and Fireworks Permit
Approved the miscellaneous permit (carnival) for the Ramsey County Fair from
July 9~' to the 13~'.
8. White Bear Avenue Business Association-Parade Permit
Approved the miscellaneous permit to conduct a parade for the White Bear
Avenue Business Association and waive the fee.
9. Roundy's-Cigarette License and 3.2 Beer License
Approved the 3.2 Malt Liquor and Cigarette Licenses for Roundy's Corporation
at Rainbow Foods, 2501 White Bear Avenue.
Mayor Cardinal moved to approve consent agenda item 8 as presented.
Seconded by Councilmember Juenemann Ayes-Mayor Cardinal,
Councilmembers Juenemann,
Wasiluk and Collins
Abstain-Councilmember
Koppen
Councilmember Juenemann moved to approve the consent agenda items 1-7 and 9 as
presented.
City Council Meeting 06-09-03
Seconded by Councilmember Koppen Ayes-All
H. PUBLIC HEARINGS
1. 7:21 p.m. Street and Alley Right-of--Way Vacations (east of Hazelwood, south of
County Road D)
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
a Commissioner Rossbach presented the Planning Commission Report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following person was heard:
George Supan, 1350 Hazelwood Street, Maplewood
e. Mayor Cardinal closed the public hearing.
Councilmember Collins moved to adopt the following resolutions vacating the unused
remaining Alice Street right-of--way south of County Road D:
RESOLUTION 03-06-105
STREET RIGHT-OF-WAY VACATION RESOLUTION
WHEREAS, Mr. George Supan, of 3050 Hazelwood Street, applied to Maplewood for the
vacation of the following-described right-of--way:
The remaining Alice Street right-of--way lying south of the County Road Dright-of--way and
east of Hazelwood in the Dorle Park Addition.
(In the northwest quarter of the northeast quarter of Section 3, Township 29, Range 22, Ramsey
County, Minnesota).
WHEREAS, the history of this vacation is as follows:
On May 19, 2003, the planning commission recommended that the city council
approve the vacation.
2. On June 09, 2003, the city council held a public hearing. The city staff published a
notice in the Maplewood Review and sent a notice to the abutting property owners.
The council gave everyone at the hearing a chance to speak and present written
statements. The council also considered reports and recommendations from the city
staff and planning commission.
WHEREAS, after the city approves this vacation, public interest in the property will go to
City Council Meeting 06-09-03
the following abutting properties:
1. 3062 Hazelwood (PIN 03-29-22-12-0021)
2. 3056 Hazelwood (PIN 03-29-22-12-0009)
3. 3050 Hazelwood (PIN 03-29-22-12-0010)
4. 3016 Hazelwood (PIN 03-29-22-12-0023)
5. 3004 Hazelwood (PIN 03-29-22-12-0024)
6. Vacant (PIN 03-29-22-12-0001)
7. Vacant (PIN 03-29-22-12-0002)
8. Vacant (PIN 03-29-22-12-0003)
9. Vacant (PIN 03-29-22-12-0004)
10. Vacant (PIN 03-29-22-12-0005)
11. Vacant (PIN 03-29-22-12-0006)
12. Vacant (PIN 03-29-22-12-0007)
All in the northwest quarter of the northeast quarter of Section 3, Township 29, Range 22,
Ramsey County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-
described right-of--way vacation for the following reasons:
L It is in the public interest.
2. The city and the adjacent property owners have no plans to build a street in this
location.
3. The adjacent properties have street access.
RESOLUTION 03-06-106
ALLEY VACATION RESOLUTION
WHEREAS, Mr. George Supan, of 3050 Hazelwood Street, applied to Maplewood for the
vacation of the following-described alleys:
All of the alleys in Block 2, Block 3 and Block 6, Dorle Park Addition, lying south of the
County Road Dright-of--way and east of Hazelwood.
(In the northwest quarter of the northeast quarter of Section 3, Township 29, Range 22, Ramsey
County, Minnesota).
WHEREAS, the history of this vacation is as follows:
On May 19, 2003, the planning commission recommended that the city council
approve the vacation.
2. On June 09, 2003, the city council held a public hearing. The city staff published a
notice in the Maplewood Review and sent a notice to the abutting property owners.
The council gave everyone aY the hearing a chance to speak and present written
statements. The council also considered reports and recommendations from the city
staff and planning commission.
City Council Meeting 06-09-03
WHEREAS, after the city approves this vacation, public interest in the property will go to
the following abutting properties:
1. 3062 Hazelwood (PIN 03-29-22-12-0021)
2. 3056 Hazelwood (PIN 03-29-22-12-0009)
3. 3050 Hazelwood (PIN 03-29-22-12-0010)
4. 3016 Hazelwood (PIN 03-29-22-12-0023)
5. 3004 Hazelwood (PIN 03-29-22-12-0024)
6. Vacant (PIN 03-29-22-12-0001)
7. Vacant (PIN 03-29-22-12-0002)
All in the northwest quarter of the northeast quarter of Section 3, Township 29, Range 22,
Ramsey County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-
described alley vacation for the following reasons:
L It is in the public interest.
2. The city and the adjacent property owners have no plans to build an alley in these
locations.
3. The adjacent properties have street access.
Seconded by Councilmember Juenemann Ayes-All
I. AWARD OF BIDS
1. Eldridge Avenue Neighborhood Rainwater Garden Landscaping, Project 01-29-
Resolution to Award Landscape Construction Contract and to Modify Existing
Project Budget
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to authorize the finance director to make the necessary
transfers to increase the proiect budget by $40.000 and to approve the following
resolution for the Eldridge Avenue Neighborhood Rainwater Garden Landscape
Improvements, Project 01-29, awarding a construction contract in the amount of
$32.116.00 to Hoffman & McNamara Company
City Council Meeting 06-09-03
RESOLUTION 03-06-113
AWARDING A CONSTRUCTION CONTRACT
WHEREAS, pursuant to an advertisement for bids for the roundabout landscaping
Improvements for English Street Improvements, Project 01-29, bids were received,
opened and tabulated according to law and the following bids were solicited from four
companies and received by one company:
Contractor Base Bid Deduct Total Bid
Hoffman & McNamara $38,398.00 ($6,282.00) $32,116
Aloha Landscaping No Bid Submitted
Horticultural Services No Bid Submitted
Margolis Company No Bid Submitted
AND WHEREAS, it appears that Hoffman & McNamara is the lowers responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. The Mayor and City Manager are hereby authorized and directed to enter into a
construction contract in the name of the City of Maplewood for Eldridge Avenue Landscape
Improvements, City Project 01-29, according to the plans and specifications therefore approved by
the City Council and on file in the office of the City Engineer.
2. The Finance Director is authorized to make the necessary transfers to increase the project budget
by $40,000.
Seconded by Councilmember Juenemann Ayes-All
J. UNFINISHED BUSINESS
1. Appeal of Community Design Review Board Conditions-Maplewood Auto Center (2525
White Bear Avenue)
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Koppen moved to authorize the execution of the following agreement
between White Bear Auto Center. L.P. PBK Investments. Inc. and the City of
Maplewood in lieu of a letter of credit or cash escrow for the required repainting of
Building A and renair and restrining of the narking lot as reauired by the community
design review board
City Council Meeting 06-09-03
AGREEMENT
THIS AGREEMENT, made this 9a' day of June 2003, by and between Brian Pellowski of
White Bear Auto Center, a limited partnership, its assigns and transferees, hereinafter called the
"Owner", and the City of Maplewood, Ramsey County, Minnesota, a Minnesota municipal
corporation, hereinafter called the "City."
WITNESSETH:
WHEREAS, the Owner is the fee owner of record of the Maplewood Auto Center located
at 2525 White Bear Avenue, hereinafter called the "Property", and described as follows, to wit:
Lot 1, Block 2, Mapleridge Mall, according to the recorded plat thereof, together with
that part of Lot 2, of said Block 1, lying north of the westerly extension of the south line
of Lot 4 of said Block 1
WHEREAS, the Property is amulti-tenant mall with two buildings including several auto-
relatedtenants in one building, hereinafter called "Building A", (see attached diagram) and Super
America gas station in another building, hereinafter called "Building B" (see attached diagram);
WHEREAS, the Owner applied to the City for a comprehensive sign plan amendment
and a design review amendment, hereinafter called the "Project', for the Property;
WHEREAS, the Community Design Review Board reviewed the Project as required by City
Code at its meeting on April 22, 2003;
WHEREAS, the Community Design Review Board recommended approval ofthe Project on
April 22, 2003 with the following conditions:
1. Repaint Building A of the Property as follows: top fascia of the pylon sign for
Building Athe existing color (green) and the wall packlights, bollards andtop fascia
of Building A the existing color (green). This work must be done prior to issuance
of sign permits for the Super America sign changeover, or after submittal of a letter
of credit or escrow in the amount of 150 percent of the required work.
2. Repair and restripe the entire parking lot for the Property to include repair or
replacement of all concrete curbing. This work must be done prior to issuance of
sign permits for the Super America sign changeover, or after submittal of a letter of
credit or escrow in the amount of 150 percent of the required work.
WHEREAS, the Owner appealed the above-mentioned Community Design Review Board
conditions to the City Council on the following rationale: a) Super America sign permits should not
be delayed based on completingthe required work on the Project and b) the requirement ofthe letter
of credit or escrow in the amount of 150 percent of the required work should be eliminated as a
contingency for the issuance of the Super America sign permits ;
WHEREAS, the City Council reviewed the above-mentioned appeal at its
May 27, 2003 meeting;
City Council Meeting 06-09-03
WHEREAS, the City Council agreed to waive the requirement of the letter of credit or
escrow prior to issuance of the Super America sign permits if an agreement was signed by both
parties identifying a timeline for completion of the required work;
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. The Owner will repaint Building A of the Property as follows: top fascia of the
pylon sign for Building Athe existing color (green) and the wall pack lights, bollards
and top fascia of Building A the existing color (green). The painting shall be
completed within 152 days of the date of this Agreement.
2. The Owner will repair and restripe the entire parking lot of the Property to include
repair or replacement of all concrete curbing. This work shall be completed within
152 days of the date of this Agreement.
3. In the event the Owner fails to complete the above-mentioned work to the
satisfaction of the City, the Owner hereby permits and grants the City permission to
enter the Property and complete the above-mentioned work.
4. The Owner agrees to save and hold the City harmless from any claims, damages,
actions that result from this Agreement or the required work.
5. The Owner hereby understands and agrees to pay all costs incurred by the City in the
event that it has to complete the required work or enforce the right of entry
agreement. Said costs shall be paid by the Owner to the City within thirty (30) days
of the date of invoice. In the event that the Owner fails to pay said costs, the City
may assess the Property and Owner shall sign a confession of judgment for said
costs.
6. The City may incur costs to complete the required work or enforce the right of entry
agreement and the Owners agree to pay all costs.
IN WITNESS WHEREOF, the parties hereto have settheir hands and seals all ofthe day and
year first above written.
Seconded by Councilmember Juenemann Ayes-All
2. 2004 Charitable Gambling Requests
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Juenemann moved to award charitable gambling requests totaling
$68,678 (of the possible $74, 700.00).
Seconded by Councilmember Koppen Ayes-All
City Council Meeting 06-09-03
K. NEW BUSINESS
1. 2004-2008 Capital Improvement Plan (4 votes)
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented specifics from the report.
a Commissioner Rossbach presented the Planning Commission Report.
Councilmember Collins moved to adopt the following resolution formally adopting the
2004-2008 Capital Improvement Plan:
RESOLUTION 03-06-107
WHEREAS, the 2004-2008 Capital Improvement Plan coordinates the timing and financing
of major equipment purchases and construction projects, and
WHEREAS, the 2004-2008 C.LP. is a planning tool for City staff and elected officials, and
WHEREAS, it is important to follow the construction and financing schedule on pages 1-10
and 1-11 in the C.LP. in order to fully utilize the City's engineering staff and minimize the need
for consultant engineers, and
NOW THEREFORE, BE IT RESOLVED, that the 2004-2008 C.LP. is hereby adopted as
a planning document, and
BE IT FURTHER RESOLVED, the construction and financing schedule on pages 1-10 and
1-11 in the C.LP. will be followed to the greatest extent possible.
Seconded by Councilmember Juenemann Ayes-All
2. Carlton Street, from Conway Avenue to Minnehaha Avenue, City Project 3-22-
Resolution Ordering Preparation of a Feasibility Study
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution ordering the
preparation of a preliminary report for the Carlton Street Improvements (Conway Avenue
to Minnehaha Avenue). Project 03-22, and authorized the finance director to transfer
$25.000 to the proiect fund:
RESOLUTION 03-06-108
City Council Meeting 06-09-03 10
PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to Carlton Street, Conway Avenue to
Minnehaha Avenue, City Project 03-22, and to assess the benefited properties for all or a portion
of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is
instructed to report to the council with all convenient speed advising the council in a preliminary
way as to whether the proposed improvement is necessary, cost effective and feasible and as to
whether it should best be made as proposed or in connection with some other improvement, and
the estimated cost of the improvement as recommended.
FURTHERMORE, funds in the amount of $25,000 are appropriated to prepare this
feasibility report.
Seconded by Councilmember Koppen Ayes-All
3. Arkwright Street Extension, north of Kingston Avenue, City Project 03-23-
Receive Petition and Resolution Ordering Preparing of a Feasibility Study
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Collins moved to accept the applicant's petition and approve the
following resolution ordering the preparation of a feasibility for the Arkwri~ht
Street Extension. North of Kingston Avenue. Cit,~ Project 03-23:
RESOLUTION 03-06-109
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to extend Arkwright Street north of Kingston Avenue,
construct a temporary cul-de-sac and extend utilities to the cul-de-sac, City Project 03-23, and to
assess the benefited properties for all or a portion of the cost of the improvement, pursuant to
Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is
instructed to report to the council with all convenient speed advising the council in a preliminary
way as to whether the proposed improvement is necessary, cost effective and feasible and as to
whether it should best be made as proposed or in connection with some other improvement, and
the estimated cost of the improvement as recommended.
City Council Meeting 06-09-03 11
FURTHERMORE, funds in the amount of $5,000 are appropriated to prepare this
feasibility report.
Seconded by Councilmember Koppen Ayes-All
4. Carver Avenue Trunk Sanitary Sewer, City Project 03-17-Receive Feasibility
Study
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to table the project until further notice from staff.
Seconded by Councilmember Juenemann Ayes-All
5. Approval of Final Master Plan for Afton Heights Park and Presentation of Plans
and Specifications
a. City Manager Fursman presented the staff report.
b. Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Collins moved to adopt the park master plan as approved and
unanimously recommended by the Parks and Recreation Commission, neighbors, and
stake holder and proceed with plans and specifications based on an estimate phase one
budget of $700,000.
Seconded by Councilmember Juenemann Ayes-All
6. Preliminary Approval for Issuance of Bonds
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution that provides
preliminary approval for the sale of $3,650,000 General Obligation Improvement Bonds:
City Council Meeting 06-09-03 12
RESOLUTION 03-06-110
RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF
$3,650,000 GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 2003A
A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the
"City"), has heretofore determined that it is necessary and expedient to issue its $3,650,000
General Obligation Improvement Bonds, Series 2003A (the "Bonds") to finance the cost of
various improvements within the City; and
B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul,
Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell
these obligations by a competitive negotiated sale in accordance with Minnesota Statutes,
Section 475.60, Subdivision 2(9); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota, as follows:
1. Authorization. The City Council hereby authorizes Springsted to solicit
proposals for the competitive negotiated sale of the Bonds.
2. Meeting; Proposal Opening. This City Council shall meet at the time and
place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of
considering sealed proposals for, and awarding the sale of, the Bonds. The Clerk or designee,
shall open proposals at the time and place specified in such Terms of Proposal.
3. Terms of Proposal. The terms and conditions of the Bonds and the
negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A
and hereby approved and made a part hereof.
4. Official Statement. In connection with said competitive negotiated sale,
the Clerk and other officers or employees of the City are hereby authorized to cooperate with
Springsted and participate in the preparation of an official statement for the Bonds, and to
execute and deliver it on behalf of the City upon its completion.
EXHIBIT A
TERMS OF PROPOSAL
$3,650,000
City of Maplewood, Minnesota
General Obligation Improvement
Bonds, Series 2003A
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Thursday, July 10, 2003, until 10:00 A.M., Central
Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul,
Minnesota, after which time they will be opened and tabulated. Consideration for award of the
Bonds will be by the City Council at 4:45 P.M., Central Time, of the same day.
City Council Meeting 06-09-03 13
SUBMISSION OF PROPOSALS
Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the
time of sale specified above. All bidders are advised that each Proposal shall be deemed to
constitute a contract between the bidder and the City to purchase the Bonds regardless of the
manner by which the Proposal is submitted.
(a) Sealed Bidding. Proposals maybe submitted in a sealed envelope or by fax (651) 223-3046
to Springsted. Signed Proposals, without final price or coupons, maybe submitted to Springsted
prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final
Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in
the submitted Proposal.
OR
(b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via
PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY®
shall constitute the official time with respect to all Bids submitted to PARITY®. Each bidder
shall be solely responsible for making necessary arrangements to access PARITY' for purposes
ofsubmitting its electronic Bid in a rimely manner and in compliance with the requirements of
the Norice of Sale. Neither the City, its agents nor PARITY® shall have any duty or obligation to
undertake registration to bid for any prospective bidder or to provide or ensure electronic access
to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be
responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or
have any liability for any delays or interruptions of or any damages caused by the services of
PARITY®. The City is using the services of PARITY® solely as a communication mechanism to
conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City
If any provisions of this Notice of Sale conflict with information provided by PARITY®, this
Notice of Sale shall control. Further information about PARITY®, including any fee charged,
maybe obtained from:
PARITY®, 395 Hudson Street, New York City, New York 10014, Customer Support,
(212) 404-8102.
DETAILS OF THE BONDS
The Bonds will be dated August 1, 2003, as the date of original issue, and will bear interest payable on
February 1 and August 1 of each year, commencing August 1, 2004. Interest will be computed on the
basis of a 360-day year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows:
2005 $260,000 2013 $225,000
2006 255,000 2014 230,000
2007 255,000 2015 230,000
2008 250,000 2016 235,000
2009 250,000 2017 235,000
City Council Meeting 06-09-03 14
2010 250,000 2018 240,000
2011 250,000 2019 235,000
2012 250,000
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds
and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must
conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of
redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in
the spaces provided on the Proposal Form.
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made
to the public. The Bonds will be issued in fully registered form and one Bond, representing the
aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede
& Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as
securities depository of the Bonds. Individual purchases of the Bonds maybe made in the principal
amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books
and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its
nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of
DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners
by participants will be the responsibility of such participants and other nominees of beneficial owners.
The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay
for the services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2011, and on any day thereafter, to prepay Bonds due on or after
February 1, 2012. Redemption maybe in whole or in part and if in part at the option of the City and in
such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption,
the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine
by lot the amount of each participants interest in such maturity to be redeemed and each participant will
then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments
shall be at a price of par plus accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and credit
and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments
against benefited properties. The proceeds will be used to finance various projects within the City.
TYPE OF PROPOSALS
Proposals shall be for not less than $3,613,500 and accrued interest on the total principal amount of the
Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified
or cashier's check or a Financial Surety Bond in the amount of $36,500, payable to the order of the City.
City Council Meeting 06-09-03 15
If a check is used, it must accompany the proposal If a Financial Surety Bond is used, it must be from
an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the
City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals.
The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such
Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then
that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or
cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M.,
Central Time, on the neat business day following the award. If such Deposit is not received by that
time, the Financial Surety Bond maybe drawn by the City to satisfy the Deposit requirement. The
Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest
will aocrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply
with the aocepted proposal, said amount will be retained by the City. No proposal can be withdrawn or
amended after the time set for receiving proposals unless the meeting of the City scheduled for award of
the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been
made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending
order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of
maturity. No conditional proposals will be aocepted.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest
cost (TIC) basis. The City's computation of the interest rate of eaoh proposal, in accordance with
customary praotice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters
relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and,
(iii) reject any proposal which the City determines to have failed to comply with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at
the option of the underwriter, the purchase of any such insurance policy or the issuance of any such
commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs
of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser,
except that, if the City has requested and received a rating on the Bonds from a rating agency, the City
will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser
shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but
neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute
cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau
charge for the assignment of CUSIP identification numbers shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
City Council Meeting 06-09-03 16
purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of
an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and
Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the
date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be
received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless
compliance with the terms of payment for the Bonds has been made impossible by action of the City, or
its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the
purchaser's non-compliance with said terms for payment.
CONTINUING DISCLOSURE
On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing
Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the
owners of the Bonds to provide certain financial and other information about the City and notices of
certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5).
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent information
relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within
the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official
Statement or for any additional information prior to sale, any prospective purchaser is referred to the
Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul,
Minnesota 55101, telephone (651) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the maturity
dates, principal amounts and interest rates of the Bonds, together with any other information required by
law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is
defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate
submitting a proposal therefor, the City agrees that, no more than seven business days after the date of
such award, it shall provide without cost to the senior managing underwriter of the syndicate to which
the Bonds are awarded 140 copies of the Official Statement and the addendum or addenda described
above. The City designates the senior managing underwriter of the syndicate to which the Bonds are
awarded as its agent for purposes of distributing copies of the Final Official Statement to each
Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees
thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall
enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of
assuring the receipt by each such Participating Underwriter of the Final Official Statement.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to adopt the following resolution providing preliminary
approval for the sale for $1.490.000 Federal Obligation Sewer Revenue Bonds:
City Council Meeting 06-09-03 17
RESOLUTION 03-06-111
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA
RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF
$1,490,000 GENERAL OBLIGATION SEWER REVENUE BONDS,
SERIES 2003B
A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"),
has heretofore determined that it is necessary and expedient to issue its $1,490,000 General Obligation
Sewer Revenue Bonds, Series 2003B (the "Bonds") to finance the cost of various sewer improvements
within the City; and
B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul,
Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these
obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60,
Subdivision 2(9); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota, as follows:
1. Authorization. The City Council hereby authorizes Springsted to solicit proposals
for the competitive negotiated sale of the Bonds.
2. Meeting; Proposal Opening. This City Council shall meet at the time and place
specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed
proposals for, and awarding the sale of, the Bonds. The Clerk or designee, shall open proposals at the
time and place specified in such Terms of Proposal.
3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation
thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved
and made a part hereof.
4. Official Statement. In connection with said competitive negotiated sale, the Clerk
and other officers or employees of the City are hereby authorized to cooperate with Springsted and
participate in the preparation of an official statement for the Bonds, and to execute and deliver it on
behalf of the City upon its completion.
EXHIBIT A
TERMS OF PROPOSAL
$1,490,000
City of Maplewood, Minnesota
General Obligation Sewer Revenue
Bonds, Series 2003B
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Thursday, July 10, 2003, until 10:00 A.M., Central Time, at
the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after
which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City
City Council Meeting 06-09-03 18
Council at 4:45 P. M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of
sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract
between the bidder and the City to purchase the Bonds regardless of the manner by which the Proposal
is submitted.
(a) Sealed Bidding. Proposals maybe submitted in a sealed envelope or by fax (651) 223-3046 to
Springsted. Signed Proposals, without final price or coupons, maybe submitted to Springsted prior to
the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price
and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted
Proposal.
OR
(b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®.
For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the
official time with respect to all Bids submitted to PARITY®. Each bidder shall be solely responsible for
making necessary arrangements to access PARITY' for purposes of submitting its electronic Bid in a
rimely manner and in compliance with the requirements of the Notice of Sale. Neither the City, its
agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any
prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and
neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or
for any failure in the proper operation of, or have any liability for any delays or interruptions of or any
damages caused by the services of PARITY®. The City is using the services of PARITY® solely as a
communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an
agent of the City.
If any provisions of this Notice of Sale conflict with information provided by PARITY®, this Notice of
Sale shall control. Further information about PARITY®, including any fee charged, maybe obtained
from:
PARITY®, 395 Hudson Street, New York City, New York 10014, Customer Support,
(212) 404-8102.
DETAILS OF THE BONDS
The Bonds will be dated August 1, 2003, as the date of original issue, and will bear interest payable on
February 1 and August 1 of each year, commencing August 1, 2004. Interest will be computed on the
basis of a 360-day year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows:
2005 $120,000
2006 125,000
2007 125,000
2008 125,000
2009 80,000
2010 80,000
City Counci106-09-03 19
2011 85,000
2012 85,000
2013 85,000
2014 90,000
2015 95,000
2016 95,000
2017 100,000
2018 100,000
2019 100,000
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds
and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must
conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of
redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in
the spaces provided on the Proposal Form.
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made
to the public. The Bonds will be issued in fully registered form and one Bond, representing the
aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede
& Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as
securities depository of the Bonds. Individual purchases of the Bonds maybe made in the principal
amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books
and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its
nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of
DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners
by participants will be the responsibility of such participants and other nominees of beneficial owners.
The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay
for the services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2011, and on any day thereafter, to prepay Bonds due on or after
February 1, 2012. Redemption maybe in whole or in part and if in part at the option of the City and in
such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption,
the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine
by lot the amount of each participant's interest in such maturity to be redeemed and each participant will
then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments
shall be a price of par plus accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and credit
and power to levy direct general ad valorem taxes. In addition the City will pledge net revenues from
the City's sewer utility and special assessments against benefited properties. The proceeds will be used
City Counci106-09-03 20
to finance various sewer improvements within the City.
TYPE OF PROPOSALS
Proposals shall be for not less than $1,475,100 and accrued interest on the total principal amount of the
Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified
or cashier's check or a Financial Surety Bond in the amount of $14,900, payable to the order of the City.
If a check is used, it must accompany the proposal If a Financial Surety Bond is used, it must be from
an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the
City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals.
The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such
Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then
that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or
cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M.,
Central Time, on the neat business day following the award. If such Deposit is not received by that
time, the Financial Surety Bond maybe drawn by the City to satisfy the Deposit requirement. The
Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest
will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply
with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or
amended after the time set for receiving proposals unless the meeting of the City scheduled for award of
the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been
made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending
order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of
maturity. No conditional proposals will be accepted.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest
cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with
customary praotice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters
relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and,
(iii) reject any proposal which the City determines to have failed to comply with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at
the option of the underwriter, the purchase of any such insurance policy or the issuance of any such
commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs
of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser,
except that, if the City has requested and received a rating on the Bonds from a rating agency, the City
will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser
shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but
neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute
City Counci106-09-03 21
cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau
charge for the assignment of CUSIP identification numbers shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of
an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and
Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the
date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be
received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless
compliance with the terms of payment for the Bonds has been made impossible by action of the City, or
its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the
purchaser's non-compliance with said terms for payment.
CONTINUING DISCLOSURE
On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing
Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the
owners of the Bonds to provide certain financial and other information about the City and notices of
certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5).
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent information
relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within
the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official
Statement or for any additional information prior to sale, any prospective purchaser is referred to the
Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul,
Minnesota 55101, telephone (651) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the maturity
dates, principal amounts and interest rates of the Bonds, together with any other information required by
law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is
defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate
submitting a proposal therefor, the City agrees that, no more than seven business days after the date of
such award, it shall provide without cost to the senior managing underwriter of the syndicate to which
the Bonds are awarded 140 copies of the Official Statement and the addendum or addenda described
above. The City designates the senior managing underwriter of the syndicate to which the Bonds are
awarded as its agent for purposes of distributing copies of the Final Official Statement to each
Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees
thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall
enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of
assuring the receipt by each such Participating Underwriter of the Final Official Statement.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to schedule a special Council Meeting at 4:45 p.m. on Thursday,
July 10~' for a bid award on the bond issue.
City Counci106-09-03 22
Seconded by Councilmember Wasiluk Ayes-All
Schedule Meeting on 2002 Annual Financial Report and Audit
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented specifics from the report.
Councilmember Collins moved to schedule a meeting with the auditors to discuss the 2002
Annual Financial Reports for June 23, 2003 at the regular City Council Meeting.
Seconded by Councilmember Koppen Ayes-All
8. 2003 Budget Changes for State Aid Reduction
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented specifics from the report.
Councilmember Koppen moved to approve a 2003 Budget Change to eliminate the carpet
replacement at City Hall and the appropriate budget changes that are necessary due to the
additional state aid reduction of $47.000.
Seconded by Councilmember Juenemann Ayes-All
9. Beaver Lake Trunk Sanitary Sewer Replacement, Project 01-09-Resolution Directing
Modification of Existing Construction Contract, Change Order No. 2
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution Directing the Modification of
the Existing Construction Contract for the Beaver Lake Trunk Sanitary Sewer Replacement,
Project 01-09:
RESOLUTION 03-06-112
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 01-09, Beaver Lake Trunk Sanitary Sewer Replacement and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and designated as
Improvement Project 01-09, Change Order No. 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 2 in the amount of $45,205.35. The revised contract
amount is $1,117,445.30.
City Counci106-09-03 23
The finance director is hereby authorized to make the financial transfers from the Sanitary Sewer
Utility Fund to implement the financing plan for the project. The project budget is increased by $50,000
to cover construction, engineering and administrative charges.
Seconded by Councilmember Juenemann Ayes-All
L. VISITOR PRESENTATIONS
1. Milo Thompson-1794 Onacrest Curve, Maplewood-Thanked the council on behalf of
AARP for their charitable gambling approval allowing for Non-profit groups to have use
of the Community Center for meetings.
M. COUNCIL PRESENTATIONS
1. Council Operations
Mayor Cardinal appointed Timothy Butler as the Maplewood Emergency Management
Director.
Mayor Cardinal cited the following council operations:
1) Oath of Office-By Mayor (Duties and Responsibilities)
2) Citizens elected Mayor and put responsibility in my hands
3) Council, Is not the Mayor and not held accountable like the Mayor
4) Mayor's responsibility cannot be waived by the majority of the council
5) Council majority does not eliminate mayor's responsibility
6) Mayor should not interfere with City Manager's responsibility. Council should
not interfere in Mayor's responsibility.
7) Best Interests of the City from my position of Mayor
8) State Law: Each local organization for emergency management must have
director appointed forthwith: in a city by the mayor
9) Maplewood Code: The director shall be appointed by the Mayor, ratified by the
council.
10) Past Established Practices (always separate)
11) Responsibilities should not be stacked
12) Separate people allows for proper advising-advisors to responsible party,
namely, the Mayor
13) Prior position dictating future changes (for example-Council to Mayor, Police
Chief, Fire Chief, Emergency Management, City Manager) past influencing
present and future decisions
14) Council Legislating not needed-read the law
15) Prior vote correct statement-special meeting November 5, 2001 City Council
Meeting Minutes
1~ Initially established by leaders (Emergency Management-March 1, 1962)
17) Unqualified people should not hold position-position profile-never mentioned,
May 2002-Qualificaitons)
18) Best-Qualified person for the position-merit system job
19)Mayor-Accepting the law
20)Mayor-Obeying the law
21) Mayor-Appointment of Tim Butler for ratification by the council
Tim Butler is qualified as to position profile, effective date: May 2002 for -position title:
City Counci106-09-03 24
Emergency Management Director. The Mayor submitted the following Job Description for
Emergency Management Director as a matter of record:
~~r~~~ l ~ _ h ~~~~~~~~`
~4}~4'tiiB' I~'t~R~:
POSITION PROFILE
Eective Date: May 2002
Position Title: Emergency Management Director Status: Exempt, Stipend
Department: Emergency Management/Fire Department Approved:
Accountable to: Fire Chief
Primary Objectives
To develop emergency plans to mobilize and utilize all staff, supplies, equipment and other resources in order to provide for
the health, safety and welfare of the community in the event of a major disaster and in defense of the community. To direct
the execution of such plans when needed and performs related duties as required.
Supervision Received
Works under the administrative supervision of the Fire Chief. In an actual emergency under general supervision of the City
Manager.
Supervision Exercised
Provides general supervision to Emergency Management staff.
MAJOR AREAS OF ACCOUNTABILITY
Supervise and direct the Emergency Management Division.
- Formulate policy.
- Develop emergency operations plans and programs.
- Coordinate city emergency operations during periods of natural or man-made disasters.
- Maintain a proficiency level to enable disaster mitigation.
- Have knowledge of all projects and status thereof within the office.
Maintain awareness of programs and required reporting procedures at local, state, and federal
levels.
- Prepare and submit required reports in a timely manner.
- Be cognizant of requirement changes.
Prepare budgets and maintain awareness of budgeting procedures.
- Determine financial needs over fiscal year encompassing program plans.
- Monitor expenditures to insure proper distribution of funding based on planned programs.
City Counci106-09-03 25
4. Coordinate volunteer groups and activities needed to support efforts of the city during
emergencies.
Maintain current and viable city and federal operational plans for emergencies.
- Review existing plans periodically.
- Make necessary changes and updates as the need arises.
- Update federal plan as required by the federal government.
- Develop training exercises/drills on a citywide basis to exercise current plans.
- Coordinates MN Incident Management System.
Prepare and distribute public information related to emergency management and procedures
during emergencies.
- Plan and hold public meetings.
- Distribute published information.
- Compose information for various media releases in accordance with city policy.
- Conduct safety seminars for civic organizations, government, and private sector.
- Provide training to city departments related to natural and man-made disasters.
7. Operate and maintain equipment.
- Operate communications, office, and other equipment.
- Ensure all equipment is ready for operation at any time.
- Contract for replacement or repair of defective equipment.
Review shelter, supply and warning system status.
- Maintain current shelter program, location and condition of supplies.
- Ensure operation and condition of warning sirens.
- Conduct surveys for severe weather shelters for schools, businesses and local government.
Coordinate and interface with city departments on SARA Title III "Community Right-to-Know"
hazardous materials laws and procedures.
- Keep abreast of changes to SARA Title III laws and inform appropriate entities.
- Ensure hazardous materials plans are updated as required.
- Ensure appropriate fire departments have on file all Material Safety Data Sheets received.
KNOWLEDGE, SKILLS, AND ABILITIES
- Thorough knowledge of emergency management and civil defense programs and requirements at
all levels of government.
- Ability to be available on a 24-hour, 7 day a week basis, on short notice, in the event of a
disaster situation.
- Considerable knowledge of hazard mitigation and radiology as it applies to emergency
management.
- Considerable knowledge of hazardous materials and SARA Title III, "Community Right-To-
Know" laws.
- Considerable ability to work under pressure and make quick decisions in an emergency.
- Considerable ability to communicate both orally and in writing, with public safety staff, city,
county and state emergency preparedness officials and the public.
- Considerable ability to communicate with tact and diplomacy and work as a team with other city
departments, Emergency Management staff members and volunteers.
- Considerable ability to formulate and execute policy, procedures and workable plans and use
good judgment.
City Counci106-09-03 26
- Considerable ability to operate communications equipment properly and effectively.
- Considerable ability to assume responsibility, be self-motivated, act independently and in
cooperation with others.
- Working knowledge of general office equipment and procedures.
- Available to attend meetings, training, etc. during the day, evenings, and occasionally weekends.
NIININl [JNI QUALIFICATIONS
This is a Minnesota Merit System job. Bachelor's degree in related field and three years of experience commanding disaster
and crisis situations.
* Note: Asterisked items are essential to the job.
Councilmember Collins moved to den,, t~ppointment.
Seconded by Councilmember Koppen Ayes-Councilmembers Collins,
Juenemann, Wasiluk and Koppen
Nays-Mayor Cardinal
2. L.U.S.T. Sites-City Manager Fursman noted the city staff will continue to monitor
L.U.S.T. sites and will keep in contact with the Minnesota Environmental Protection
Agency.
3. School District 623-City Manager Fursman will contact the district in the fall and invite
them to a Council Manager Workshop.
4. Emma's Place-Mayor Cardinal commended Assistant City Manager Coleman on the
minutes for Emma's Place and individuals may contact Ms. Coleman for a copy.
5. Lakes and Wetlands-Councilmember Juenemann gave an explanation of wetlands and
how we can protect them.
6. 2:00 am. Bar Closing-City Manager Fursman will place this item on the June 23 council
agenda.
Lydia White Bear Avenue Left Turn Lane-City Engineer Ahl stated this item would be
on the June 23 city council agenda.
8. Riverfront Facilities-Mayor Cardinal was in need of a Councilmember to sit on this
committee. Councilmember Collins agreed to serve with Councilmember Wasiluk as an
alternate.
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Councilmember Collin moved to adjourn the meeting at 9:09 p.m.
Seconded by Councilmember Juenemann Ayes -All
City Counci106-09-03 27