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HomeMy WebLinkAbout2009 02-09 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, February 9, 2009 City Hall, Council Chambers Meeting No. 03-09 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1.Acknowledgementof Maplewood Residents Serving the Country. C. ROLL CALL Mayor?s Address on Protocol: ?Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficultissues 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. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments.? D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of January 21, 2009, Special Council Meeting Minutes 2. Approval of January 26, 2009, Council Workshop Minutes 3. Approval of January 26, 2009, Council Meeting Minutes F. VISITOR PRESENTATIONS ? PART I (Note: Visitor Presentations shall not extend past 7:00 p.m.; if time is not available to complete this item; all presenterswill be instructed to remain at the meeting until this item is re-opened following Award of Bids, or return to the next Regular Meeting of the Council.) G. ADMINISTRATIVE PRESENTATIONS (Note: Items G-H shall not extend past 7:00 p.m.; if time is not available to complete these items, they shall be extended by Council motion to the end of the meeting following Visitor Presentation ? Part II.) 1. 60-Day Review of Stargate Dance Club ? Chief Thomalla H. COUNCIL PRESENTATIONS 1. Employment Contracts ? Mayor Longrie 2. Rush Line Corridor ? Councilmember Rossbach 3. Ramsey County League of Local Government ? Councilmember Rossbach 4. Fire Hydrant Snow Removal Reminder ? Councilmember Hjelle I. APPOINTMENTS AND PRESENTATIONS 1. Appointment of New Members To Park And Recreation Commission 2. Re-appointments To Park And Recreation Commission 3. Resolution of Appreciation For Julie Binko ? Resignation From Parks Commission 4. Recognition of Paramedic Response By Area Hospital (Mayor Longrie) J. PUBLIC HEARINGS K. UNFINISHED BUSINESS 1. Report on Request For Retaining Wall At North End Of Clarence Street 2. Reconsideration Of The Approval Of The Council Policy and Procedures Passed On r Longrie) January 12, 2009. (Mayo L. NEW BUSINESS 1. 7:00 p.m.: Code Amendment and Property Rezoning Requests: a. Code Amendment for the R-1R, Rural Single-Dwelling Residence District Requirements, With A Name Change To ?Rural Conservation Dwelling District.? First Reading b. Rezoning (Zoning Map Changes) From F, Farm Residence District, To R-1R, Rural Conservation Dwelling District 2. County Road D Improvements ? City Project 02-07 ? Consider Extending Agreement To Sell Bruce Vento Trail Property [north of Beam Avenue] To Ramsey County Regional Rail Authority 3. Resolution Providing For The Competitive Negotiated Sale of $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A M. CONSENT AGENDA 1. Temporary Gambling Permit and Request For Temporary Permit Fees To Be Waived For Carver Elementary School 2. Temporary Gambling Permit For White Bear Fast Pitch Club 3. Temporary Liquor Permit For Church of the Presentation of The Blessed Virgin Mary 4. Temporary Gambling Permit for Church Of St. Pascal Baylon 5. Consider Approval Of Acceptance Of Donation To Maplewood Nature Center 6. Review Volunteer Service Contributions On Environmental Projects In 2008 7. Authorization To Dispose Of Old Financial Records 8. County Road D (McKnight to Bellaire Avenue); Bellaire Avenue (Lydia Avenue to Woodlynn Avenue), Resolution Approving Municipal State Aid Designation 9. Consider Approval of 2009 Gas and Diesel Fuel Contracts 10. Beam Avenue Improvements, Project 07-26, Resolution Approving Final Payment and Acceptance of Project 11. Approval of Claims N. AWARD OF BIDS O. VISITOR PRESENTATION ? PART II (NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the meeting and is intended to make time available if the item is not completed by 7:00 p.m. -Not intended for new visitor presentation items.) P. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk?s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings ? elected officials, staff and citizens. It is hoped that by following these simple rules, everyone?s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP Wednesday 4:30 p.m., , January 21, 2009 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 4:38 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Nephew moved to approve the agenda as submitted. Seconded by Mayor Longrie. Ayes ? All The motion passed. D.UNFINISHED BUSINESS a. Deliberation of the City Manager Candidates The City Council discussed the City Manager candidates that they interviewed on January 14, 2009, along with the reports that the Council received from the Citizen Business Panel and Employee Panel. The City Council agreed that they would not be making a final decision on a selected candidate at this meeting. City Attorney, Alan Kantrud answered questions of the Council on the setting of the agenda. After discussing the strengths and weaknesses of each candidate, the City Council indicated their Bernard from the Par Group. The City Council dissatisfaction with the performance of Steve directed Acting City Manager, Chuck Ahl to contact Mr. Bernard and demand a written background report on each candidate as the council believes is required by The Par Group contract. The Council also requested a written report from Mr. Bernard on the reference reviews of the candidates along with a report on their Google search. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:34 p.m. January 21, 2009 1 City Council/Manager Workshop Minutes Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, January 26, 2009 Council Chambers, City Hall Meeting No. 02-09 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:04 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Acting City Manager Chuck Ahl mentioned an incorrect name was typed on the agenda but was corrected. The agenda showed G. Peterson to be interviewed at 5:20 p.m. on the planning commission and it should have been G. Pearson. Mayor Longrie moved to approve the agenda accepting that correction. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. D.UNFINISHED BUSINESS None. E. NEW BUSINESS 1. Interviews for Commission/Board Reappointments 5:00 p.m. R. Martin Planning Commission Robert Martin, 2329 Londin Lane, Maplewood answered questions of the council. At 5:18 p.m. Councilmember Hjelle excused himself from the meeting prior to the next interview. 5:10 p.m. M. Palkovich Police Civil Service Commission Marlene Palkovich, 2116 Greenbrier Street, Maplewood answered questions of the council. At 5:30 p.m. Councilmember Hjelle returned to the meeting. January 26, 2009 1 City Council/Manager Workshop Minutes 5:20 p.m. G. Pearson Planning Commission Gary Pearson, 1209 Antelope Way, Maplewood answered questions of the council. 5:40 p.m. J. Yarwood Planning Commission 2324 Morland Court East, Maplewood answered questions of the council. 5:50 p.m. M. Ledvina Community Design Review Board 1173 Lakewood Drive South, Maplewood answered questions of the council. The city councilmembers ranked each of the applicants. The names of the people reappointed to the commissions and b oards will be announced during the regular city council meeting. 2. Discussion with HR Attorney on City Manager Contract Provisions a. Labor Relations Attorney, Chuck Bethel addressed and answered questions of the council. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:35 p.m. January 26, 2009 2 City Council/Manager Workshop Minutes Agenda Item E3 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, January 26, 2009 Council Chambers, City Hall Meeting No. 02-09 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:43 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA Mayor Longrie recommended extending Visitor Presentations until 7:15 p.m. City Councilmember?s requested that the following items be added to the agenda under Administrative Presentations: H1. Employment contracts ? Mayor Longrie H2. Rush line corridor ? Councilmember Rossbach H3. Ramsey County League Local Government ? Councilmember Rossbach H4. Fire Hydrant Snow Removal Reminder ? Councilmember Hjelle Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Nephew. Ayes ? All The motion passed. E. APPROVAL OF MINUTES Approval of January 12, 2009, City Council Workshop Minutes. Councilmember Nephew had a correction on 5 of 407, at the top of the page. It should say Mayor for the purposes of discussing Labor Negotiations Longrie closed the meeting . Not for the provision under Chapter 13 . Councilmember Nephew moved to approve the January 12, 2009, City Council Workshop Minutes as amended. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. January 26, 2009 1 City Council Meeting Minutes Approval of January 12, 2009, City Council Meeting Minutes. Mayor Longrie had corrections on page 16 of 407, the deletions are stricken and the additions are th $25,000 bolded and underlined. In the 11 line before the words Then changing, (it should read) is the amount of money to change the Administrative Sergeant to Deputy Police Chief. There opportunity are costs administrative in everything you do. Also on Pg 17 of 407, in the large paragraph, it should read as follows: Mayor Longrie said she spent a lot of time at City Hall this past week. There was plenty of er know there are a lot of contracts coming down the line opportunity for staff to be able to let h and we know Mayor Longrie enjoys looking at the contracts. She said she also knows when she , votes nopotentially her no vote could be used against her. Because these are union contracts for employees at city hall. Mayor Longrie said she is voting no because she doesn?t have sufficient information to be able to vote yes. Mayor Longrie said she runs the risk that by voting ,,this her conscience and voting no when next fall comes around to run for Mayor againthere are isbe used going to be all kinds of information that will go against her because she voted no. Mayor Longrie wants it on the record that she will not abstain from voting like some councilmember?s do when they don?t want it to shown they voted yes or no. Mayor Longrie said she doesn?t agree with that either. That?s why she wants to be clear her reasoning for voting no. Mayor Longrie said she thought it should be written in the agreements that there may be a provision within them that if the city has to lay somebody off they have to go back to the negotiation table to ask union members what they want to do. Mayor Longrie said there are other things that aren?t in the contracts that she would have suggested but didn?t have the time to talk at the meeting. about these things Another correction Mayor Longrie had is on Pg 27 of 407, item 20. after the words directed to to the council report, add the words, . s also Councilmember Nephew said on page 9 of 407, item K1. iv. John Gore should be Gore member changingChairperson to of the citizen panel. to approve Also on page 17 of 407, item 2. the motion should read moved the resolution. Councilmember Juenemann said on pg 17 of 407, item 2. b., Chuck Ahl?s name was omitted Chuck Ahl after his title Acting City Manager and Public Works Director, inserting . And the same Chuck Ahl correction should be made to page 18, item 2 b. inserting after his title of Acting City Manager and Public Works Director. Councilmember Nephew moved to approve the January 12, 2009, City Council Minutes as amended. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. F. VISITOR PRESENTATIONS ? PART I 1. Bob Zick, 2515 White Bear Avenue, Maplewoodaddressed the council. Mr. Zick read a letter aloud from a Maplewood resident. Mr. Zick expressed his concerns regarding taxes in Maplewood, the financial problems residents are having regarding paying their taxes during troubling times in the economy and miscellaneous issues regarding smoke concerns in the city. January 26, 2009 2 City Council Meeting Minutes 2. Elizabeth Sletten, 2747 Clarence Street North, Maplewood addressed the council. Ms. Sletten made reference to information being posted on the city website pertaining to a business transaction she had with the city. Ms. Sletten requested that this letter be included in the minutes as part of the record. Ms. Sletten also referred to an article called The World in the January/February 2009 issue of the AARP Bulletin. January 13, 2009 Elizabeth Sletten 2747 N. Clarence Street Maplewood, MN 55109 Dear Ms. Sletten: At the direction of Acting City Manager Ahl, I have reviewed city records and determined the following regarding Account 1127: On November 10, 2008, I notified you via e-mail to inform you that you had 58 copies related to a data request that could be picked up at the receptionist desk. The amount for the copies was $14.50. A staff member generated a Billing Request Form (See Attached Ex hibit #1) and submitted it to the finance department so that an invoice could be generated not realizing that you would be picking up the copies at the front desk and paying for them then. On November 12, 2008, you paid the receptionistwith your check dated November 11, 2008. She receipted the funds into the General Ledger System (See Attached Exhibit #2). As you are aware, you requested a receipt for payment. The receptionist obliged and receipted your check into the General Ledger System providing you with a copy not realizing that the check you submitted for payment should have been receipted by the finance department instead of receipted into the General Ledger since an invoice had been generated. On behalf of the city, I apologize for any inconvenience that this may have caused you and thank you for bringing it to our attention. Karen Guilfoile 3. John Wykoff, 2345 Maryland Avenue East, Maplewood. Discussed the article in the January 14, 2009, Maplewood Review and he read the information aloud. 4. Roger Logan, 2228 Maplewood Drive, Maplewood addressed the council. He spoke of issues he is having with the Maplewood Police Department and concerns with his business in Maplewood. G. ADMINISTRATIVE PRESENTATIONS 1. 60-Day Review of Stargate Dance Club (TABLED UNTIL FEBRUARY 9, 2009) H. COUNCIL PRESENTATIONS H1. Employment contracts ? Mayor Longrie H2. Rush line corridor ? Councilmember Rossbach H3. Ramsey County League Local Government ? Councilmember Rossbach H4. Fire Hydrant Snow Removal Reminder ? Councilmember Hjelle (TABLEDUNTIL FEBRUARY 9, 2009) January 26, 2009 3 City Council Meeting Minutes I. APPOINTMENTS AND PRESENTATIONS 1. Presentation of Legislative Issues a. State Senator Chuck Wiger addressed the council and gave the council an update. b. State Representative Nora Slawik addressed the council and gave the council an update. c. State Representative Leon Lillie addressed the council and gave the council an update. 2. Re-appointment to Planning Commission Reappointing Robert Martin, Gary Pearson, Jeremy Yarwood Mayor Longrie moved to approve reappointing Robert Martin, Gary Pearson and Jeremy Yarwood to serve on the Planning Commission. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 3. Re-appointment to Community Design Review Board Reappointing Matt Ledvina Councilmember Nephew moved to approve reappointing Matt Ledvina to the Community Design Review Board. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 4. Re-appointment to Police Civil Service Commission Reappointing Marlene Palkovich Councilmember Juenemann moved to reappoint Marlene Palkovich to the Police Civil Service Commission. Seconded by Councilmember Nephew. Ayes ? Councilmember Juenemann, and Nephew Rossbach Nays ? Mayor Longrie Councilmember Hjelle The motion passed. J. PUBLIC HEARINGS 1. Carsgrove Meadows Area Street Improvements, City Project 08-10 a. Public Hearing 7:00 p.m. b. Resolution Ordering Improvement and Authorizing Preparation of Plans after and Specifications after Public Hearing (4 Votes) i. Assistant Public Works Director, Michael Thompson gave the presentation and answered questions of the council. ii. Acting City Manager, Public Works Director Chuck Ahl answered the council. questions of January 26, 2009 4 City Council Meeting Minutes Mayor Longrie opened the public hearing. 1. John Wieremann, 955 Brooks Court East, Maplewood. 2. Marianne Newell, 830 Palm Court East, Maplewood. 3. Tore Detlie, 918 Demont Avenue East, Maplewood. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to approve the resolution ordering the improvement and preparation of plans and specifications for the Carsgrove Meadows Area Street Improvements, City Project 08-10. Mayor Longrie asked if Councilmember Rossbach would accept a friendly amendment that the project is co ntingent upon the County Road C Area Street Improvements Project being delayed. Councilmember Rossbach did not accept the friendly amendment. Mayor Longrie asked if Councilmember Rossbach would reconsider the friendly amendment request if there was a better way of wording it. Councilmember Nephew suggested that the friendly amendment be contingent upon a $700,000 reduction in bonding for the County Road C Area Street Improvements Project. Councilmember Rossbach said he would be willing to accept the new friendly amendment. Councilmember Juenemann accepted the friendly amendment as the seconder. RESOLUTION 09-01-019 ORDERING IMPROVEMENT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the city council adopted the 12th day of January, 2009, fixed a date for a council hearing on the proposed street improvements for the Carsgrove Meadows Area Street Improvements, City Project 08-10. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on January 26, 2009, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Carsgrove Meadows Area Street Improvements, City Project 08-10. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 26th day of January, 2009. 3. The city engineer is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. January 26, 2009 5 City Council Meeting Minutes 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $2,857,000 shall be established. The proposed financing plan is as follows: Financing Plan - Carsgrove Meadows Area Street Improvements FEASIBILITY FUNDING SOURCE% RECOMMENDATIONS G.O. IMPROVEMENT BONDS$1,637,21057% SANITARY SEWER FUND$300,00011% ENVIRONMENTAL UTILITY FUND$170,0006% SPECIAL ASSESSMENTS$624,39022% ST. PAUL WATER$32,4001% W.A.C. FUND$53,0002% DRIVEWAY REPLACEMENT PROGRAM$40,0001% TOTAL FUNDING$2,857,000100% Seconded by Councilmember Juenemann. Ayes ? Councilmember Hjelle, Juenemann, Nephew, & Rossbach Nay ? Mayor Longrie The motion passed 2. Castle Avenue Improvements, City Project 08-12 a. Public Hearing 7:15 p.m. b. Resolution Ordering Improvement After Public Hearing (4 Votes) i. Assistant Public Works Director, Michael Thompson gave the presentation and answered questions of the council. ii. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. iii. Civil Engineer II, Steve Kummer answered questions of the council. iv. Maplewood Police Chief, Dave Thomalla answered questions of the council. Mayor Longrie opened the public hearing. 1. Charles Thomas, 1928 Castle Avenue E., Maplewood. 2. Jim Grieman,1976 Castle Court E., Maplewood. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to approve the resolution ordering the Castle Avenue Staff shall also do preliminary design work for a sidewalk Improvements, City Project 08-12. to extend to the Dearborn Meadows development. Seconded by Councilmember Juenemann. Mayor Longrie made a friendly amendment that staff apply to MnDOT for a grant for the city to see if funds are available for berms for this project. January 26, 2009 6 City Council Meeting Minutes The friendly amendment was accepted by the motioner Councilmember Rossbach. The friendly amendment was also accepted by the seconder Councilmember Juenemann. Councilmember Rossbach moved to approve the resolution ordering the Castle Avenue Staff shall also do preliminary design work for a sidewalk Improvements, City Project 08-12. to extend to the Dearborn Meadows development. Furthermore, staff shall apply to MnDOT for a grant for the city to see if funds are available for berms for this project. RESOLUTION 09-01-120 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 12th day of January, 2009, fixed a date for a council hearing on the proposed street and utility improvements for the Castle Avenue Improvements, City Project 08-12, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on January 26th, 2009, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; AND WHEREAS, the city engineer is the designated engineer for this improvement and has been duly directed on January 12th, 2009 to prepare final plans and specifications for the making of said improvement; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Castle Avenue from White Bear Avenue to the City of North Saint Paul city limits, City Project 08-12. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the th 26 day of January 2009. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $1,361,200 shall be established as previously approved on January 12th, 2009. The proposed financing plan is as follows: SourceProposed Amount GO Improvement Bonds$422,900.00 MSA$401,600.00 Mn/DOT (Turnback)$75,000.00 Assessments$251,000.00 Sanitary Sewer Fund$25,700.00 WAC Fund$25,000.00 Environmental Utility Fund$150,000.00 Driveways$10,000.00 Total$1,361,200.00 Seconded by Councilmember Juenemann. Ayes ? All January 26, 2009 7 City Council Meeting Minutes The motion passed The Council took a short recess at 9:00 p.m. The council reconvened at 9:13 p.m. K. UNFINISHED BUSINESS 1. Richie Place, South of Labore Road and East of Arcade Street. Action Requested: a. Comprehensive Land Use Plan Amendment from OS, Open Space to R1 Single Dwelling Residential b. Lot Division i. Parks and Community Development Director, DuWayne Konewko introduced the item and made some announcements regarding the project. ii. Planner, Mike Martin gave the presentation and answered questions of the council. iii. City Attorney, Alan Kantrud addressed and answered questions of the council. iv. Civil Engineer II, Steve Kummer addressed and answered questions of the council. v. Phil Soby, Lauren & Company Development, 5865 Neal Avenue, Stillwater, of the council. addressed and answered questions vi. Harland Hess, Planning Commissioner, 2007 Clarence Street, Maplewood gave the planning commission report. Mayor Longrie opened the discussion up for public comment. 1. Tom Roycraft, 2910 Arcade Street, Little Canada. 2. Gary Kuam, 2934 Labore Road, Little Canada. 3. David Himmelbach, 2970 Labore Road, Little Canada. 4. William Hanson, 2836 Keller Parkway, Maplewood. 5. John Gores, 2870 Arcade Street, Maplewood. 6. Joleen Gores, 2870 Arcade Street, Maplewood. 7. Bob Zick, 2515 White Bear Avenue, Maplewood. Mayor Longrie closed the discussion to public comment. Councilmember Rossbach moved to tableany further action on this agenda item until such time that the city staff gets the final approval from the Met Council on the Comprehensive Plan. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Hjelle, Rossbach Nays ? Councilmembers Juenemann & Nephew The motion to table passed. January 26, 2009 8 City Council Meeting Minutes Councilmember Rossbach moved that after the city council receives the information and the council has had a chance to review the information, no further testimony shall be heard and the council will confine the discussions and deliberations to what the new information shows the council. Seconded by Councilmember Juenemann. Ayes ? Councilmembers Juenemann, Nephew & Rossbach Nays ? Mayor Longrie Councilmember Hjelle The motion passed. Councilmember Hjelle moved to extend the council meeting past the 11:00 p.m. curfew time and the remaining agenda items shall be heard Thursday, January 29, 2009. Seconded by Councilmember Nephew. Ayes ? Councilmember Hjelle, Nephew & Rossbach Nays ? Mayor Longrie, Councilmember Juenemann The motion passed. Councilmember Nephew moved to table K2, K4, L5, G1, H until the next city council meeting, of February 9, 2009. Seconded by Councilmember Hjelle. Councilmember Hjelle made a friendly amendment that during the council meeting the agenda can be reordered as the agenda is finished. Councilmember Nephew agreed to the friendly amendment. Councilmember Nephew moved to table K2, K4, L5, G1 and items H1-H4 until the next city council meeting, until February 9, 2009. The order of the agenda items can be altered until the completion of the council meeting. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 2. Report on Request for Retaining Wall at North End of Clarence Street a. Acting City Manager, Public Works Director, Chuck Ahl gave the report. (TABLED UNTIL FEBRUARY 9, 2009) January 26, 2009 9 City Council Meeting Minutes 3. City Manager Search Process ? Selection of Candidate and Authorization for HR Attorney to Negotiate Contract Councilmember Hjelle moved to adopt the motion designating Mr. Jim Antonen for the position of City Manager and authorize HR Attorney Chuck Bethel to negotiate a contract with said candidate. Seconded by Councilmember Nephew. Ayes ? Mayor Longrie, Councilmember Hjelle, Nephew & Rossbach Nay ? Councilmember Juenemann The motion passed. 4. Reconsideration of the Approval of the Council Policy and Procedures Passed on 12, 2009. (Mayor Longrie) January (TABLEDUNTIL FEBRUARY 9, 2009) L. NEW BUSINESS 1. Feed Products North Office Building Proposal, 1300 McKnight Road. Action Requested: a. Conditional Use Permit to Build an Office Building Next to Residential Property b. Lot Division c. Design Approval i. Senior Planner, Tom Ekstrand gave the presentation. ii. Assistant Public Works Director, Michael Thompson answered questions of the council. iii. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. iv. John Fallin, Owner of Feed Products North, 1300 McKnight Road North, Maplewood addressed and answered questions of the council. v. Bob Moser, Moser Homes addressed and answered questions of the council. vi. Harland Hess, Planning Commissioner, gave the report for the Planning Commission. Mayor Longrie asked if anyone wanted to speak regarding this proposal. 1. Lyle Puppe, 2531 Nokomis Avenue, St. Paul. 2. Gene Stepaniak, 2249 Tilsen Avenue, St. Paul. Councilmember Nephew moved to approve the Conditional Use Permit Resolution for Feed Products North office building, located at 1300 McKnight Road. This permit allows the construction of an office building on land zoned M1(light manufacturing) within 350 feet of residential property. January 26, 2009 10 City Council Meeting Minutes CONDITIONAL USE PERMIT RESOLUTION 09-01-121 WHEREAS, John Fallin, owner of Feed Products North, applied for a conditional use permit to build an office building on property zoned M1 (light manufacturing) located within 350 feet of residentially-zoned property. WHEREAS, Section 44-637(b) of the city ordinances require a conditional use permit for a building in a M1 district closer than 350 feet to residential property. The proposed building would be on a lot abutting residential property. WHEREAS, this permit applies to the property located east of 1300 McKnight Road. The legal description is: That part of the West Half of the Southwest Quarter of said Section 24, Township 29, Range 22, RamseyCounty, Minnesota bounded as follows: On the North by a line drawn parallel with and distant 95 feet Southeasterly, as measured at right angles, from the center line of the main track of said railway company, as now located and established; on the West by the East line of the West 66 feet of the Southwest Quarter of Said Section 24 to a point on the West line of said Section 24 which is distant 450 feet South of the Southerly line of the 100 foot right of way of said railway company, said Southerly line being a line drawn parallel with and 56 feet Southeasterly as measured at right angles, from the center line of the main track of said railway company as originally located and established, and on the East by the East line of the Northwest Quarter of the Southwest Quarter of Section 24; excepting therefrom that part that lies Northwesterly of a line drawn parallel with and distant 8.5 feet Southeasterly, as measured at right angles from the center line of the most Southerly side track I.C.C. No. 114 of said railway company, as now located and established all in the County of Ramsey, State of Minnesota. EXCEPT that part of said West Half of the Southwest Quarter of said Section 24, lying easterly of the centerline of the 99 foot wide road easement as described in document No. 2325930. WHEREAS, the history of this conditional use permit is as follows: 1. On January 6, 2009, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On January 26, 2009, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or January 26, 2009 11 City Council Meeting Minutes property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestionor unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additionals or services. costs for public facilitie 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval. The city council may extend this permit one additional year. 3. The city council shall review this permit in one year. After two years the permit shall end unless construction has started. 4. Compliance with conditions in the report by Steve Kummer, Maplewood Staff Engineer, dated December 2, 2008. The site plan shall be revised, as shown to the commission at the public hearing, with a retaining wall along the east side of the parking lot near Lakewood Drive. The retaining wall and site grades shall be subject to the approval of the city?s engineering department. 5. Compliance with conditions in the report by Ginny Gaynor, Open Space Naturalist with the city, in her report dated November 26, 2008. 6. Compliance with conditions in the report by Shann Finwall, Environmental Planner with the city, dated December 26, 2008. 7. Provide wetland-protection signs along the wetland buffer as required by ordinance.The number and placement of these signs shall be determined by the environmental planner. These signs shall prohibit any building, mowing, cutting, filling or dumping in or around the wetland. 8. To develop this site adjacent to residential property, the applicant shall provide a screening buffer st six-feet-tall and 80 percent opaque upon installation. This buffer may be that is at lea comprised of evergreen trees or a decorative wood fence. Such screening shall be subject to staff approval. The Maplewood City Council passed this resolution on January 26, 2009. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. January 26, 2009 12 City Council Meeting Minutes Councilmember Hjelle moved to approve the lot split to separate the office site from the main part of the applicant?s property located at 1300 McKnight Road, subject to the property owner dedicating cross easements on the west property that cover the utilities (sanitary and storm) which serve the lot east of Lakewood Drive. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. Councilmember Hjelle moved to approve the plans date-stamped November 4, 2008, for the proposed Feed Products North office building. Approval is based on the findings for approval required by ordinance and subject to the developer doing the following: 1. Repeat this review in two years if the applicant has not obtained a building permit by that time. After two years this review must be repeated. 2. Obtain a conditional use permit from the city council for the proposed office building. 3. Comply with the requirements of Shann Finwall in her report dated December 26, 2008. 4. Comply with the requirements of the engineering report by Steve Kummer dated December 2, 2008. The site plan shall be revised, as shown to the commission at the public hearing, with a retaining wall along the east side of the parking lot near Lakewood Drive. The retaining wall and site grades shall be subject to the approval of the city?s engineering department. Comply with the requirements of Ginny Gaynor in her report dated November 26, 2008. 5. Take into account the suggestions by Lieutenant Michael Shortreed as stated in this report. 6. Revise the site plan to provide a 15-foot parking lot setback from the Lakewood Drive right-of- way line. If a 15-foot setback cannot be provided, the applicant must apply for a setback variance. 7. Any retaining walls over four-feet-tall shall be designed by a structural engineer and have a protective guard rail or fence on top. 8. The applicant shall install in-ground lawn irrigation in formal landscaped areas. 9. The landscaping plan shall be revised to include the following: a. A six-foot-tall and 80 percent opaque buffer along the south side of the property to screen ween both parking lots and the connecting drive aisle. This screen shall be the area bet comprised of evergreen trees or a decorative wood fence. b. Five over-story trees along the east side of the east parking lot. The three evergreens can be deleted. c. Four ornamental deciduous trees on the west side of the proposed building. d. Additional landscaping in the ?front yard? in front of the building?s main entrance (easterly side), subject to staff approval. 10. Obtain any necessary permits from the Ramsey/Washington Metro Watershed District. January 26, 2009 13 City Council Meeting Minutes 11. All work shall follow the approved plans. The city planner may approve minor changes. 12. All pole-mounted site lights shall comply with the 25-foot height maximum. The site lighting plan shall be redesigned so that the light intensity does not exceed .4 foot-candles at the property lines. All lighting fixtures shall be designed so lenses and bulbs are recessed or shielded to avoid nuisance complaints. All site lights are required to shine inward toward the site and not toward any residential neighbors. 13. If outdoor trash storage is used, such containers must be kept in a screening enclosure. The design and placement of the enclosure shall be subject to staff approval. 14. Before obtaining a building permit, the applicant shall provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of completing landscaping and other site improvements. An irrevocable letter of credit shall include the following provisions: a. The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of the developer?s agreement. b.The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. c.The letter of credit shall be for a one-year duration and must have a condition indicating automatic renewal, with notification to the city a minimum of 60 days prior to its expiration. Seconded by Councilmember Juenemann. Ayes ? Mayor Longrie, Councilmember Hjelle, Juenemann & Nephew Nay ? Councilmember Rossbach The motion passed. 2. Menard?s Lumber-Storage Building Proposal, 2280 Maplewood Drive. Action Requested: a. Conditional Use Permit Revision b. Design Approval i. Planner, Mike Martin gave the presentation and answered questions of the council. ii. Civil Engineer II, Steve Kummer answered questions of the council. iii. Thomas O?Neil, Menard, Inc. 4777 Menard Drive, Eau Claire, Wisconsin addressed and answered questions of the council. iv. Mark Olson, General Manager, Menards, 2280 Maplewood Drive, Maplewood addressed and answered questions of the council. Councilmember Rossbach moved to approve the Conditional Use Permit Resolution for Menards, Inc. at 2280 Maplewood Drive to add a 16,750-square-foot unheated warehouse to the existing store. The city bases this approval on the findings required by the code. Approval of this CUP revision is subject to the following conditions (additions are underlined and deletions are crossed out): January 26, 2009 14 City Council Meeting Minutes CONDITIONAL USE PERMIT REVISION RESOLUTION 09-01-122 WHEREAS, Scott Nuttelman, of Menards, Inc. is proposing changes to a site with an existing conditionaluse permit to build a 16,750-square-foot warehouse addition on the south side of the building at 2280 Maplewood Drive. The legal description is: SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N OF CO RD B & PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF BLK 10 (PIN 09-29-22-43-0042) WHEREAS, the history of this conditional use permit revision is as follows: 1. On November 18, 2008, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit revision. 2. On January 26, 2009, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit revision, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestionor unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Revision is subject to the following conditions: (additions are underlined and deletions are crossed out): January 26, 2009 15 City Council Meeting Minutes 1. Adherence to the site plan date-stamped October 1, 2008March 8, 2006. The director of community development may approve minor changes. 2. Compliance with the following screening-fence requirements: a. The property owner shall continue to have and keep, in a maintained condition, wooden nces as follows: screening fe (1) The eight-foot-tall screening fence west of 1071 County Road B and running east-west art of 1101 County Road B between the parking lot and the behind 1071, 1081 and p residential lots shall remain. (2) All other screening fences that abut the residential lots and the new fences on the east and south sides of the property as shown on the site plan date-stamped October 1, 2008 shall be 14 feet tall. (3) All screening fences shall be constructed of vertical boards of the same dimension, color and material, except for the fence on the south side of the warehouse where horizontal boards may be used. b. No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B, shall extend above the 14-foot-tall fence. c. No more than 2½ feet of the 17½-foot-tall interior storage racks shall be visible from the homes to the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3.Hours of operation in the storage yard, garden center and warehouse shall be limited to 7 a.m. to 10 p.m. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard and warehouse that is not needed for site security shall be turned off after business hours. 6. The city council shall review this permit revision in one year. 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8. Menards shall store all their materials within the fenced storage area. 9. Sanitation facilities shall be provided by Menards for the employees. 10. The proposed building addition and site work must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 11. The perimeter of the building must be kept accessible for fire emergencies. The applicantshall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. January 26, 2009 16 City Council Meeting Minutes The Maplewood City Council approved this resolution on January 26, 2009. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. Councilmember Rossbach moved to approve the plans date-stamped October 1, 2008, and the building elevations date-stamped October 1, 2008, for the 16,750-square-foot unheated warehouse addition to Menards at 2280 Maplewood Drive. Approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Submit for staff approval, an elevation for the south side of the warehouse that shows a revised design plan for the screening fence and warehouse. This south elevation shall show the wooden, ?fence? portion of this exterior wall matching the 14-foot height of the proposed fencing on the east and west sides of the warehouse. The area above the wooden siding shall be green, corrugated metal as proposed on the building. 3. Before getting a building permit, the applicant shall: a. Submit grading, drainage, utility and erosion control plans to the city engineering department for approval. b. Submit to city staff a cash escrow or an irrevocable letter of credit for all required he amount shall be 150 percent of the cost of the work. exterior improvements. T 4. All work shall follow the approved plans. Planning staff may approve minor changes. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 3. Consideration of Approval of Personal Service (Massage) Premise License ? Blue Diamond Health Center. a. City Clerk, Citizen Services Director, Karen Guilfoile gave the report. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Hjelle moved to approve the Personal Service Massage Premise License for the Blue Diamond Health Center at 1990 County Road D East. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 4. County Road C Area Street Improvements, City Project 08-11, Resolution Accepting Preliminary Report and Consideration of Canceling the Project a. Assistant Public Works Director, Michael Thompson gave the report and answered questions of the council. b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. January 26, 2009 17 City Council Meeting Minutes Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. 2. George Farr, 2730 Clarence Street North, Maplewood. cancelaccept Councilmember Hjelle moved to the project and the preliminary report and consider canceling the project (do not call for public hearing) due to lack of neighborhood support. However, if there is overwhelming support on certain streets within the project, it is recommended that only these streets be considered for improvements by calling a public hearing for 7:00 p.m., Monday, February 9, 2009, for the County Road C Area Street Improvements, City Project 08-11. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 5. County Road D Improvements ? City Project 02-07 ? Consider Extending Agreement to Sell Bruce Vento Trail Property to Ramsey County Regional Rail Authority (TABLED UNTIL February 9, 2009) 6. Approval of Claims Councilmember Hjelle moved Approval of Claims. ACCOUNTS PAYABLE: $ 433,937.66 Checks # 77429 thru # 77480 Dated 12/31/08 thru 01/13/09 $ 146,452.57 Disbursements via debits to checking account Dated 01/02/09 thru 01/09/09 $ 399,559.74 Checks # 77481 thru # 77539 Dated 01/12/09 thru 01/20/09 $ 326,779.67 Disbursements via debits to checking account Dated 01/08/09 thru 01/16/09 __________________ $ 1,309,729.64 Total Accounts Payable PAYROLL $ 468,884.69 Payroll Checks and Direct Deposits dated 01/09/09 $ 3,350.17 Payroll Deduction check #1006633 thru #1006634 Dated 01/09/09 ___________________ $ 472,234.86 Total Payroll GRAND TOTAL $ 1,781,964.50 Seconded by Councilmember Nephew. Ayes ? All The motion passed. January 26, 2009 18 City Council Meeting Minutes M. CONSENT AGENDA 1. Councilmember Hjelle moved to approve items 1-4, 6-8, 12, 14, and 17. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 2. Councilmember Hjelle moved to approve item 5. Seconded by Mayor Longrie. Ayes ? All The motion passed. 3. Councilmember Hjelle moved to approve item 9. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 4. Councilmember Hjelle moved to approve item 10. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 5. Mayor Longrie moved to approve item 11. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 6. Councilmember Hjelle moved to approve items 13 & 18. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 7. Councilmember Hjelle moved to approve item 15. Seconded by Councilmember Juenemann. Ayes ? Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay ? Mayor Longrie The motion passed. 6. Councilmember Hjelle moved to approve item 16. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. January 26, 2009 19 City Council Meeting Minutes 1. Request Council Authorization to Purchase Four Used Vehicles ? Fire Department Councilmember Hjelle moved to approve the purchase of four Dodge Durangos in the amount of $52,163.92 to Synergy Motor Car Company. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 2. Conditional Use Permit Review ? Hydrologic Outdoor Storage Facility, 1261 Highway 36. Councilmember Hjelle moved to the Conditional Use Permit Review of Hydrologic Outdoor Storage Facility, 1261 Highway 36. Seconded by Councilmember Nephew. Ayes ?All The motion passed. 3. Conditional Use Permit Review ? Countryside Volkswagen, Inc. 1180 and 1200 Highway 36. Councilmember Hjelle moved to approve the Conditional Use Permit Review ? Countryside Volkswagen, Inc. 1180 and 1200 Highway 36. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 4. Conditional Use Permit Review ? Maple Leaf Business Center, 2475, 2485 and 2495 Maplewood Drive. Councilmember Hjelle moved to approve the Conditional Use Permit Review ? Maple Leaf Business Center, 2475, 2485 and 2495 Maplewood Drive. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 5. Conditional Use Permit Review ? Maplewood Toyota, 2905 Maplewood Drive and the Open Parking Lot South of 2999 Maplewood Drive. Councilmember Hjelle moved to approve the Conditional Use Permit Review ? Maplewood Toyota, 2905 Maplewood Drive and the Open Parking Lot South of 2999 Maplewood Drive. Seconded by Mayor Longrie. Ayes ? All The motion passed. January 26, 2009 20 City Council Meeting Minutes 6. Conditional Use Permit Review ? Commercial Truck Parking and Storage, 1003 Century Avenue North. Councilmember Hjelle moved to County Road D Improvements ? City Project 02-07 ? Consider Extending Agreement to Sell Bruce Vento Trail Property to Ramsey County Regional Rail Authority. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 7. Conditional Use Permit Review ? Household Hazardous Waste Collection Site at Aldrich Arena, 2015 Van Dyke Street North Councilmember Hjelle moved to approve theConditional Use Permit Review ? Household Hazardous Waste Collection Site at Aldrich Arena, 2015 Van Dyke Street North. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 8. Conditional Use Permit Review ? 3M Leadership Development Institute, 2350 Minnehaha Avenue Councilmember Hjelle moved to approve theConditionalUse Permit Review ? 3M Leadership Development Institute, 2350 Minnehaha Avenue including the modified landscape plan for the berm dated August 27, 2008. Review the CUP for the 3M Leadership Development Institute at 2350 Minnehaha Avenue again in one year to ensure that the native plantings are established, rainwater gardens function properly, and that all other required exterior improvements are maintained. Seconded by Councilmember Nephew Ayes ? All The motion passed. 9. Transfer to Close Funds for Public Improvement Project 01-28 Councilmember Hjelle moved to approve the finance director to make the necessary transfer of $789.71 from Fund 551 into Fund 526 and close City Project 01-28, Fund 526. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 10. Transfer to Close Funds for Public Improvement Project 02-10 Councilmember Hjelle moved to approve the finance director to make the necessary transfer of $48,305.02 from Fund 551 into Fund 535 and close City Project 02-10, Fund 535. Seconded by Councilmember Nephew. Ayes ? All The motion passed. January 26, 2009 21 City Council Meeting Minutes 11. Transfer to Close Funds for Public Improvement Project 03-26 Mayor Longrie moved to approve the finance director to transfer the remaining surplus of $28,589.24 into city Project 02-07, Fund 533, and close City Project 03-26, Fund 551. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 12. Transfer to Close Funds for Public Improvement Project 03-36. Councilmember Hjelle moved to approve the finance director to make the necessary transfer of $5,918.15 from Fund 551 into Fund 560 and close City Project 03-36, Fund 560. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 13. Transfer to Close Funds for Public Improvement Project 05-10 Councilmember Hjelle moved to approve the finance director to transfer the surplus in the amount of $30,166.68 to City Project 02-07 (Fund 533) and close City Project 05-10, Fund 564. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 14. Transfer to Close Funds for Public Improvement Project 06-10 Councilmember Hjelle moved to approve the finance director the $11,418.32 deficit from the Sewer Fund and Close City Project 06-10, Fund 570. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 15. Consider Approval of Purchase of Squad Car Cameras Councilmember Hjelle moved to approve the purchase of L-3 Mobile-Vision squad car cameras for $134,014.45. Seconded by Councilmember Juenemann. Ayes ? Councilmember Hjelle, Juenemann, Nephew & Rossbach Nay ? Mayor Longrie The motion passed. 16. Consider Approval of Purchase of Police Vehicles Councilmember Hjelle moved to approve the purchase of five 2009 Ford Crown Victoria Police Interceptor squad cars for $22,422.36 each and one Chevrolet Tahoe at $27,575.40. Seconded by Councilmember Juenemann. Ayes ? All January 26, 2009 22 City Council Meeting Minutes The motion passed. 17. Consider Conditional Use Permit Review ? The Regent at Legacy Village, Southeast Corner of Legacy Parkway and Kennard Street Use Permit Review ? The Regent at Councilmember Hjelle moved to approve the Conditional Legacy Village, Southeast Corner of Legacy Parkway and Kennard Street. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 18. Consider Approval of the 2009 Pay Equity Implementation Report Councilmember Hjelle moved to approve the 2009 Pay Equity Implementation Report. Seconded by Councilmember Nephew. Ayes ? All The motion passed. N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS ? PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 1:05 a.m. January 26, 2009 23 City Council Meeting Minutes Agenda Item E4 SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL 5:00 p.m., Monday, February 2, 2009 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 5:00 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Absent Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Present until 6:25 p.m. John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as submitted. Seconded by Councilmember Nephew. Ayes ? All The motion passed. D. UNFINISHED BUSINESS 1. Declaration of Special Council Manager Workshop Topic and intent to Close Session for the Purpose of Discussion of Labor Negotiations for the CityManager Contract. Labor Relations Attorney, Chuck Bethel advised the Council that the discussion proposed for the meeting was covered by the statute for labor negotiations and that the meeting could be closed. Councilmember Nephew moved to close the council meeting for purposes of labor negotiations for the City Manager contract. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. Mayor Longrie declared the meeting closed. Mayor Longrie reopened the council meeting at 6:55 p.m. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:56 p.m. February 2, 2009 1 CLOSED SESSION MEETING Special City Council Meeting Minutes Memo Agenda #G-1 To: Chuck Ahl, Acting City Manager From: David J. Thomalla, Chief of Police Date: February 3, 2009 Re: Report on Stargate Dance Club On November 23, 2008 the Maplewood City Council issued a liquor license to Ms. Mai Yang, the new owner of Stargate. I was directed to monitor the activity at the establishment, meet with Ms. Yang and report back to the City Council in 60 days and six months. Ms. Yang did not assume ownership of the establishment until December 5, 2008. I have met with and spoken with Ms. Yang many times since she assumed ownership and did a site visit of the business on January 12, 2009. As of January 12, Ms. Yang had made some minor changes to the physical layout of the club. She removed the walls of what used to be a front office and opened up the area of the former Club Cristal entrance. Directly behind this area, a small dance floor was added along with a small DJ booth. This change allows them to cater to two separate music tastes at the same time. Ms. Yang is also in the process of making a small kitchen area into a larger space to serve light appetizer type food. In the main area of the club, a stage has been erected to accommodate live bands and many more tables and chairs have replaced sofas from the VIP seating areas of the former club. Ms. Yang has changed the name of the business from Stargate Night Club to Stargate Dance Club. She has eliminated hip hop music and has closed entirely on Thursday nights. The business is currently open on Wednesday, Friday, Saturday and Sunday evenings. Music is provided by a DJ on Wednesday and a live band the other nights. Ms. Yang began salsa music on Thursday nights as of January 22, 2009. The audience for this music has been limited. Stargate still hires off-duty Ramsey County deputies on Friday and Saturday nights. They have reduced the number of deputies to two each night. They also employ about ten internal security personnel. A dress code is in effect for the club and a cover charge is collected for those entering after 11:00 p.m. There is no cover charge on Sunday nights. Ms. Yang reports that on Friday and Saturday nights they have allowed an 18+ crowd with delineation between ?of age? and under age patrons clearly identified. Calls for service to Stargate have decreased significantly as of February 2, 2009. Since Ms. Yang assumed ownership of the business, there have been nine calls there. This is a bit misleading because four of those calls were in relation to a contract dispute a promoter had with the previous owner. The police were called four times in relation to this civil issue for which Ms. Yang obtained an injunction. The case brought against the previous owner was dismissed by the court on January 27, 2009. Regarding the other five calls, officers were called in the early morning hours of December 25, 2008 on an assault in the parking lot. The participants could not be located. On December 27, 2008 an intoxicated man was arrested in the parking lot for urinating in public and on January 9, 2009 Maplewood Officers assisted the off-duty Ramsey County deputy by transporting two individuals the deputy arrested for disorderly conduct involving a fight. On January 29, there was a false alarm call and on January 31, a patron leaving the club 1 was arrested for DWI (allegedly, the patron was intoxicated when he arrived and was not allowed admittance to the club). As compared to the period of December 5, 2007 to February 2, 2008, there were 16 calls to Stargate. Of those 16, two were ambulance calls, three were assault complaints, one criminal damage to property, two DWI arrests, one traffic crash, one disturbance call, one weapons violation and five theft calls. Page 2 Agenda Item I1 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Appointments to Park and Recreation Commission DATE: February 3, 2009 INTRODUCTION/SUMMARY The City Council has conducted interviews of candidates for two openings on the Park and Recreation Commission. The following individuals have applied and have been interviewed for the two vacant positions. Council action is required to appoint members. RECOMMENDATION It is recommended that the City Council adopt a motion to appoint two members to the Park and Recreation Commission as noted: Park and Recreation Commission (Two openings): 5:00 pm interview on Jan 12: Mary Mackey 5:15 pm interview on Jan 12: Daniel Maas Attachment: Candidate Applications Map of Candidates and Commissions (with work session information) Agenda Item I2 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Re- Appointments to Park and Recreation Commission DATE: February 3, 2009 INTRODUCTION/SUMMARY The City Council will be considering candidates for re-appointment to the Park and Recreation Commission. The following individuals have terms that have expired and are requesting re- appointment to the Commission. RECOMMENDATION It is recommended that the City Council make motions to re- appointment members to the Commission as noted: Park and Recreation Commission Therese Sonnek [interviewed on January 12] Donald Christianson [interviewed on February 9] Attachment: Candidate Applications (included with Work Session Packet when interviewed) Map of Commissioner Locations within City (included with Work Session Packet) Agenda Item I3 MEMORANDUM TO: Charles Ahl, Acting City Manager FROM: DuWayne Konewko, Community Development and Parks Director Resolution of Appreciation for Julie Binko SUBJECT: DATE: January 29, 2009 INTRODUCTION Attached is a resolution of appreciation for Julie Binko. Ms. Binko served as a commissioner on the Parks Commission for two years, from January of 2007 until January of 2009. COMMITTEE ACTION The Parks Commission unanimously recommended approval of the resolution of appreciation for Ms. Binko at their January 28, 2009 meeting. RECOMMENDATION Adopt the attached resolution of appreciation for Julie Binko. Attachment: Resolution of Appreciation RESOLUTION OF APPRECIATION WHEREAS, Julie Binko has been a member of the Maplewood Park Commission for two years, from January of 2007, to January of 2009; and has served faithfully in that capacity; and WHEREAS, the Park Commission has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Binko has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Binko has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Julie Binko is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on February 9, 2009. ____________________________________ Diana Longrie, Mayor Passed by the Maplewood Park Commission on January 28, 2009. ____________________________________ Peter Fischer, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Agenda Item K1 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Report on Request for Retaining Wall at North End of Clarence St DATE: February 3, 2009 INTRODUCTION On October 27, 2008, the City Council received a petition from Ralph, Veronica and Elizabeth Sletten from 2747 N. Clarence Street requesting the installation of a retaining wall near their property to control waters from the KSTP property wetland / storm water basin from entering their property. The th to discuss the item was referred to staff for investigation. I met with the Slettens on December 12 various issues. The Slettens requested that this item be placed on the January 12th agenda for a report, but they requested that this item be continued to January 26th. Attached is a copy of the letter that has been sent to the Slettens explaining staff?s position on the various issues. No action is recommended at this time. Mr. and Mrs. Sletten are currently in Arizona and have requested that they be allowed to address the City Council via a telephone conference call. Arrangements will be made to facilitate this discussion. Mr. and Mrs. Sletten?s daughter, Elizabeth, will be in attendance at the meeting. SUMMARY th Since January 12, the Finance staff has determined that the $14.50 check from Elizabeth Sletten was received and not coded to the invoice. A letter was sent to Elizabeth Sletten explaining the accounting error. That issue is closed. We also have received a report from an engineering firm hired by the Ramsey Washington Metro Watershed District, the government agency responsible for the wetland in question, concluding that ?? it is Barr?s opinion that the Kohlman Basin project has not caused the wetland area to expand onto the Sletten property.? No further action on the retaining wall will be pursued. In summary, the issues are: 1. Public Waters: the watershed?s engineer has determined that water is not currently impacting this property and that the wetland impacts are reduced from previous year?s analysis. This is not an issue for the City to be involved with, since the ponding area is operated by RWMWD. 2. Wetland Ordinance: the City has not formally taken action to adopt the new wetland ordinance. It is the City Attorney?s opinion that the buffer zone requirements are similar to setback issues and do not involve a taking. This issue will be addressed when the ordinance is brought forward in March and April 2009. th 3. County Road C Project impact: this project was cancelled by the Council on January 26. 4. KSTP Tower stability: a report on the tower stability is forthcoming from KSTP. RECOMMENDATION No action is required. Attachments: January 7, 2009 Letter from Chuck Ahl to the Slettens January 5, 2009 Request to be placed on Agenda December 22, 2008 Letter from the Slettens regarding the issues December 11, 2008 Letter from the Slettens requesting data Assessment data supplied by the Slettens on 1960?s improvements Map of wetland area and 100-foot buffer January 7, 2009 Barr Report to RWMWD January 7, 2009 Ralph E., Veronica A., Elizabeth A. Sletten 2747 N. Clarence Street Maplewood, MN 55109 RE: Property Information Ralph, Veronica and Elizabeth: This is the letter that you requested that I provide you regarding a number of issues. I indicated that it would be near the end of the year before I could address the issues. It has taken slightly longer than I anticipated. In your letter of December 22, 2008 you requested the following: 1.?Confirmation of when the City of Maplewood and the Planning Department are prepared to show us a draft for the elimination of the man- made public water problem that is affecting our private property.? In my research, I am unable to find evidence that the pond water from the KSTP property is actually touching onto your property. While the water is very close to your private property, I do not know that a requested retaining wall, berm or other features would change the fact that the water is not currently on your property. That does not mean that you are not impacted by an ordinance provision for wetland buffer. An ordinance impact and a legal taking of land due to ponding are perceived by the City and the Watershed, who operates the wetland / ponding area that is north of your property. First, Maplewood is not involved in the operation of the controls for this ponding / wetland. Any claims that you have actually should be directed to the governmental agency that has jurisdiction. That agency is the Ramsey Washington Metro Watershed District [RWMWD]. RWMWD maintains the wetland area and has the easements and agreements to operate the water features in the area. They also have wetland setback ordinance that will impact your property. Their ordinance is very similar to the Maplewood ordinance. All property within the City has been bound by the City?s existing wetland ordinance since 1995. The new RWMWD classification has upgraded this wetland area from a Class 2 (which requires a 100-foot average buffer and a 50-foot minimum buffer in our current ordinance) to a Manage A, which requires a full 100-foot buffer in a future proposed ordinance. I believe that the current wetland is more than 50 feet from your property, so based upon some of the current conditions, it is possible that you would not be impacted under current conditions. Given that, your request for cannot be responded to because there is no water on your property and there is no specific impacts currently of the buffer. Sletten Letter January 7, 2009 Page Two 2.?Confirmation that our property will not be affected by the pending City of Maplewood Wetland Ordinance.? As noted above, I anticipate that the new ordinance will impact your property. I cannot provide you a confirmation to the contrary. That ordinance is currently being reviewed for the very specific issues that you raise. I do not have the authority to grant properties variances to a future proposed ordinance. As I indicated when we met, we anticipate that there will be a number of situations where the ordinance has impacts on private property that will have significant impacts. I believe that a reasonable compromise may be available for you to continue to enjoy the full use of your property, but until that ordinance is brought forward for adoption, it is not appropriate to consider restrictions that do not exist at this time. 3.?Confirmation that our property will not be financially affected by the City Project 08-11 ? County Road C Area Street Improvements.? The City Council will be determined whether to proceed with the County Road C project. The staff does not have the authority to determine if a project will proceed , nor if it should not proceed. The City policy provides for property owners to contribute to the project cost. You provided us with information that includes a payment of the street improvement assessment in 1968. The City?s past practice is to indicate to our residents that each property will pay a street assessment once every 35 years. Since your property has not paid a street assessment in the past 41 years, this assessment would not indicate that our procedures would preclude your property from an assessment. The information that you provide does not indicate your property has ever paid the one-time storm sewer assessment. You have paid for sanitary sewer, not storm sewer. Again, I cannot provide you with a confirmation on the financial impact, as that is not something that the City staff has authority to provide. I will note that our staff acknowledges there is very little support for this project at this time. We have stopped our preparation of detailed plans due to this response. We anticipate approaching the Council in February to discuss cancelling the project, which would accomplish your request. 4.?Confirmation that our property is not going to be affected by the instability of the KSTP tower. This is to include a 2008 Report on the stability of the KSTP tower.? Sletten Letter January 7, 2009 Page Three Mr. Thompson from our engineering staff received a call from the KSTP personnel early this week. He assured by KSTP that a stability study will be completed early in 2009. Once that study is completed, we will provide you that information. th During your phone message from January 6, you indicated a concern with an invoice in the amount of $14.50. I have been provided the following information on that invoice: The invoice was for copying of files from the Markham Pond project for Elizabeth Sletten. On November 7, 2008, Elizabeth requested information on the cost of the copying. She was informed on November 10, 2008 that we believed the cost would be under $10.00 based upon the likely number of pages. [subsequently, it was determined that there a larger number of pages to be copied] On November 10, 2008, Elizabeth notified the City to inform her about the cost of the copies and when they would be available. th Later on November 10, Karen Guilfoile notified Elizabeth that the copies were available at the front desk and the cost is $14.50 and that an invoice was provided with the copies. At your request, this item has been placed on the Council agenda for January 12, 2008. Please let me know if you have any questions with this information. CITY OF MAPLEWOOD Chuck Ahl Acting City Manager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v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ordinance, as well as some discussion regarding the Metropolitan Council's stand on Comprehensive Plan Amendments. Staff has included information to the Council summarizing both issues for your consideration. ORDINANCE SUMMARY Ordinance Objectives: ^ To allow for development that allows for the maximum entitlement of 4.3 unitslacre. This is critical to ensure that the city is legally protected in the interim. (This will only apply until the Comprehensive Plan Update is formally adopted, at which time the ordinance will be revised to reflect the ranges identified on the updated Land Use Plan.) ^ To create an ordinance that protects the natural resources and habitat in the south Maplewood area. ^ To create a list of definitions that clearly describe the conservation principles we are trying to achieve. ^ To create density incentives for developers and land owners that can only be achieved through preservation and conservation principles as defined by the city. Ordinance Structure: Staff proposes that the ordinance allows a base entitlement of two (2.0) acre lots in the R-1 R zoning district. In order for the developer to achieve higher density they will be required to employ conservation principles. Staff has created a 3-Tiered approach that demonstrates to a developer how the conservation principles help them to achieve higher density. The conservation principles must be agreed to by staff, city commissions and the approval of the city council in order for the developer to be granted more density on a property. The following list identifies the conservation principles identified to date, and their definitions can be found in the draft ordinance attached. The list was developed and compiled based on comments from the planning commission, the PTOS advisory panel, the environmental and natural resources commission and other interested stakeholders during the development of the comprehensive plan update process. Table 1: Conservation Tools for Density Incentives EnhancelPreserve Large Wooded Areas Prairie Restoration Preserve Natural Greenway Corridors Enhance Wetlands, Create Management Plan Tree Preservation CreatelDevelop Trail Connections Dedicate Open Spaces Slope Buffer Preservation Historic Preservation Create Passive Parks Additional Shoreline Buffers Energy Efficiency LEED Certified Buildings/Development Creek Restoration Management Low Impact Development Vista Shed/Corridor Preservation Dedicate 50% Open Space Additional Stormwater Management The proposed ordinance Tiers are identified in Table 44-130.1 of the Ordinance. ALL properties would have entitlement to the base density identified in Tier 1, and would not be allowed the increased density in Tier 2 and Tier 3 without meeting the specified conservation principles. To demonstrate how the tiers work, a calculation fora 10 acre site is included in the ordinance to demonstrate to a developer how the tiers and conservation principles work together. In order for a developer to reach the maximum entitlement, they would need to achieve 7 conservation principles, all of which would have to be agreed to by the City Council. The intent is for the developer to work closely Packet Page Number Page 56 of 159 with the staff, commissions and City Council to ensure that the appropriate conservation principles are applied to a specific site, because one size does not fit all and different sites will have different natural resource values. In conclusion the purpose of the "interim" ordinance is to protect the high quality natural areas and resources in south Maplewood, while allowing for the current land use entitlement of 4.3 units per acre. Staff also recognizes that the future direction of the Rural Residential land use has been changed to guide the property for a density range of 0.5 - 1.5 units per acre. It is our intent to create an ordinance that can be revised to accommodate the density range selected by the council, while still implementing conservation principles in the city's rural residential areas. LEGAL OPINION REGARDING MORATORIUM Staff contacted Mr. Kantrud, the City's Attorney for a legal explanation of why we cannot utilize a moratorium in the interim period to protect south Maplewood. Staff asked him to prepare a short memo to further explain the situation. The memo is attached for your review and consideration. METROPOLITAN COUNCIL RESPONSE TO CPA REQUEST At the January 6t" Planning Commission meeting, Commissioners requested staff inquire to the Metropolitan Council as to whether or not they would consider a Comprehensive Plan Amendment at this time. Staff spoke with the Metropolitan Council and was told that Comprehensive Plan Amendments will not be considered until the 2030 Comprehensive Plan is adopted. City staff was told by the Metropolitan Council that it would start a preliminary review of the draft plan in an effort to complete the review process in a more timely fashion. Staff has sent draft copies of the plan to Metropolitan Council staff. PLANNING COMMISSION AND ENR COMMENTS The Planning Commission performed an initial review of the ordinance at their January 6, 2009 meeting. The commission had a few comments regarding the level of detail in the ordinance; specifically some of the members were concerned who would decide that a developer 'achieved' the conservation principles adequately. Staff added language to the ordinance to further clarify the process, and to reinforce that the City Council has ultimate control over the subdivision. In addition the Planning Commission suggested other options such as a Moratorium and a Comprehensive Plan Amendment. Staff researched each of these options and prepared a response to the Planning Commission at their January 20t" meeting. The Environmental and Natural Resources Commission reviewed the draft ordinance at their meeting on January 20, 2009. They had several comments and recommendations regarding some of the definitions and requirements for conservation principles, and they had several comments similar to those identified by the Planning Commission. All of their recommendations from the initial review are included in the Draft Ordinance submitted to you for review. At the time of this memo, the ENR had not performed their final review which is scheduled for February 3, 2009. Staff and consultants will summarize the recommendations of the ENR at the City Council meeting. The Planning Commission held a Public Hearing on January 20, 2009 to communicate the changes of the amended ordinance and the rezoning. The Planning Commission made several recommendations similar to those identified by the ENR, and those changes and revisions are presented in the draft ordinance. The majority of the issues were with respect to the definitions of the conservation principles and ensuring that a developer be required to go above and beyond the existing ordinances in order to achieve higher densities. Packet Page Number Page 57 of 159 The other issue addressed at the Public Hearing was the rezoning of the Farm zoning designation to R-1 R. The purpose of rezoning is to demonstrate consistency in the south Maplewood area. The residents that attended the Public Hearing were concerned about their taxes going up and the difficulty of a developer to be able to develop the land in the area without higher densities. This is directly opposite of what we have traditionally heard from residents of the area, but their concerns were clearly stated. RECOMMENATIONS City Council review and consider the information presented regarding the rezoning and amended text of the R-1 R zoning district. The February 9, 2009 meeting is the first reading of the code amendment, no council action is required. Staff will be brining back both items to the council meeting on February 23, 2009 for council action. P:1Planningl0rdinance Updates) R1 RUpdate_1231081020909_CityCounci11020909CCMemo.doc Attachments: 1. Draft R1 R (Rural Conservation Dwelling District) Ordinance 2. Memo from City Attorney Alan Kantrud 3. Map of parcels proposed for rezoning 4. Planning Commission minutes, January 6, 2009 Packet Page Number Page 58 of 159 Attachment 1 PROPOSED ORDINANCE MODIFYING THE R-1R (RURAL SINGLE-DWELLING RESIDENCE) ZONING DISTRICT THE MAPLEWOOD CITY COUNCIL the following changes to the Maplewood Code of Ordinances: (Deletions are crossed out and additions are underlined.) Section 1. This section changes Section 44-9 as follows: Section 44-9. Zoning Districts. The city is herby divided into the following zoning districts: F, Farm Residence District. R-1, Residence District (Single Dwelling). R-1 R, ~ Rural Conservation Dwelling District R-1 S, Small-Low Single-Dwelling District. R-2, Residence District (Double Dwelling). R-3, Residence District (Multiple Dwelling). R-E, Residence Estate District. NC, Neighborhood Commercial District. CO, Commercial Office District. BC, Business and Commercial District. LBC, Limited Business Commercial District. BC(M) Business Commercial Modified District. SC, Shopping Center District. M-1, Light Manufacturing District. M-2, Heavy manufacturing District. Section 2. This section deletes, modifies and adds to Sections 44-117 through Section 44-150 as follows: DIVISION 3.5 R-1 (R) of ions cmir_i G_n~niGi i inir_ nicTOirT RURAL CONSERVATION DWELLING DISTRICT Sec. 44-117. Purpose and Intent. The City of Maplewood finds that there is a direct link between the natural systems and character that exists throughout certain areas of the community. The requirements of this Rural Conservation Dwelling District are meant to preserve and enhance the ecologicallaesthetic character b~providing incentives that: 1) reinforce and establish ecological connections throughout the city; 2) protect and enhance of drainageways and water quality; 3) protect and enhance ecological communities; 4) preserve and improve of vistas; and 5) preserve or reinterpret local historical landmarks. To allow for and to protect a ~ ,semi-rural, residential life style, the city creates the R-1 R zoning district that is intended to encourage conservation based development. This zoning district is for the areas of Maplewood that are not suitable Packet Page Number Page 59 of 159 Attachment 1 for suburban or tract development because of topography, vegetation or other factors that make the area unique. ~e inctollotinn of mi mirinol coni+~r„ cn,n~nr i m~iLnw. The city finds the most suitable use of these areas is single dwellings on large lots, but is interested in protecting the natural resources and will encourage developments to follow the conservation principles and initiatives identified in subsequent sections of this ordinance. SLow- density residential development and conservation development will lessen grading and soil erosion and will help protect ground water, vegetation and wooded areas. Sec. 44-118. Uses. The City shall only allow the following uses: (a) Permitted Uses: 1) Any permitted use in the R-1 District, subject to its regulations. (b) Conditional uses. The City may permit the following by conditional use permit: 1) Any use allowed by conditional use permit in the R-1 (single dwelling) District. 2) Commercial faming or gardening, including the use or storage or associated equipment, when on a property with a single dwelling. 3) Stands for the sale of agricultural products grown or produced on the property. 4) Metal storage buildings, commonly known as pole barns or agri-buildings, subject to the applicable size and height requirements. (c) Prohibited uses. The city prohibits the following uses in the R-1(R) zoning district: 1) Accessory buildings without an associated single dwelling on the same property. 2) Reserved. Sec. 44-119. Height of buildings. The maximum height of asingle-family dwelling shall be thirty-five (35) feet. Sec. 44-120. Lot dimensions, lot area, width requirements, and side yards. (a) No person shall build a single dwelling on a site less than eighty seven thousand one hundred twenty (87,120) square feet (2 acres) in area; unless the conservation design principles are applied as described in Section 3. (b) Each lot or parcel shall have enough area or usable space for a house, driveway, well and individual sewage treatment system (ISTS) with a primary and secondary site or an acceptable design and plan for a community septic system or regional sewer. (c) Each dwelling and any accessory structure(s) shall have side yard setbacks as defined in table 44-120.1 and shall be measured from the property line to the structure. frnm ~ cir~n nrnnnrt~i The following exceptions to this standard shall a~pl~ 1) The side yard on the street side of a corner lot shall have a width of at least thirty (30) feet. 2) When a property owner uses two (2) or more adjoining lots as asingle-building site, the side yard requirements shall apply only to the outside lot lines. (d) . The following table identifies the minimum lot area and lot width based on the conservation tiers: Packet Page Number Page 60 of 159 Attachment 1 Table 44-120.1 Conservation Tier Density Minimum Area Minimum Side Yard Front Yard Ran e Fronta e Setback Setback Tier I 0-2 0.5 -1.5 U/A 15,000 SF 100' 30' 50' Princi les Tier II 3-5 1.6 - 3.5 U/A 10,000 SF 80' 15' 30' Princi les Tier III 6-7 3.6 - 4.3 U/A 7,500 SF 50' 10' 20' Princi les (e) Each interior lot shall have at least fifty (50) feet of frontage on an improved public street. (f) Each corner lot or parcel shall have at least eighty (80) feet of frontage on each of the public streets. Sec. 44-121. Front Yards. (a) Each dwelling and any accessory structure(s) shall have a front yard setback as defined in table 44-120.1. Except that: 1) If each of the lots next to an interior lot has a dwelling, the minimum setback shall be the setback of the adjacent dwelling closest to the street. The maximum setback shall be the setback of the adjacent dwelling farthest from the street. 2) If subsection (a)(1) above does not apply and there is a predominant setback, a dwelling shall be no further forward and no more than five feet to the rear of the predominant setback. 3) Regardless of the above, if the city council has approved special setbacks for a development, those setbacks shall apply. City approval of a preliminary plat with building pads does not constitute approval of special setbacks. 4) Regardless of the above, homeowners may add on to their homes using the existing setback. 5) In all cases, the accessory structures shall be no closer than the principle structure unless approved by the City Council. (b) The director of community development may allow a different front yard setback if the proposed setback would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1) The proposed setback would not affect the privacy of adjacent homes. 2) The proposed setback would save significant natural features, as defined in section 9-188. 3) The proposed setback is necessary to meet city, state or federal regulations, such as pipeline setback or noise regulations. 4) The proposed setback is necessary for energy saving, health or safety reasons. Ses~l4-~22~s-(Moved to previous section and Table) nrnnorty lino Tho fnlln,n~inn ovrontinnc to Chic ctonrlorrl droll onnhr ~T ' Sec. 44-123. Rear Yards. Packet Page Number Page 61 of 159 Attachment 1 (a) Single dwellings shall have a rear yard setback of at least twenty (20) percent of the lot depth. ^rm r^or c^thorL of fifty /tint f^^t ,n~hirh^vor is lornor (b) Accessory buildings shall have a rear yard setback of at least thirty (30) feet. Sec. 44-124. Tower, antenna and flagpole setbacks. Antennas and flagpoles for residential (non-commercial) use in the R-1(R) zoning district shall meet the same setbacks as accessory buildings in the R-1 (single dwelling) district. Sec. 44-125. Minimum foundation areas; room requirements. (a) The minimum foundation area shall be at least: 1) A one-story dwelling, nine hundred fifty (950) square feet. 2) A one and one-half story dwelling, seven hundred twenty (720) square feet. 3) A bi-level dwelling, eight hundred sixteen (816) square feet. 4) A tri-level dwelling, seven hundred sixty five (765) square feet. 5) A two story dwelling, five hundred twenty-eight (528) square feet. (b) Room size and number shall be consistent with the standards of the International Residential Code. Sec. 44-126. Building-width requirements. The minimum building width on the primary frontage e shall be at least twenty-one (21) feet. The building width shall not include entryways or other appurtenances that do not run the fully depth of the building. Sec. 44-127. Accessory buildings. (a) Section 44-114 (Accessory buildings) in the R-1 District shall apply to the use and height of accessory buildings and garages in the R-1 R zoning district. (b) For lots of at least 2 acres in size the R-1 R zoning district, the following size standards shall apply to accessory buildings and garages: graduated by tier or size of lot? Table 44-127.1 Accessory Sizes Detached Buildings (Max Attached Garages (Max Combination of detach Area, Square Feet) Area, Square Feet) buildings and attached Gara e (Max Area) Tier I 1,400 (garages), 1,100 1,400 2,800 (other) Tier II 1,000 SF Total 1,000 1,480 Tier III 850 SF Total 850 1,000 Section 3. This section adds the conservation principles and conservation design standards to the R-1 R zoning district. Sec. 44-128. Definitions and Conservation Principles. The conservation principles in the followina table shall represent the conservation incentives for this ordinance. The definitions of each principle follow the table. All incentives, and subsequent density bonuses as described in Table 44-130.1, shall only be granted IF they exceed the minimum standards set forth in the existing City ordinances that relate to environmental protection as identified in, but are not limited to, Ordinance Chapters 12 and 44. Packet Page Number Page 62 of 159 Attachment 1 It shall be noted that the City has several ordinances that control and define natural resources and environmental quality, in all cases, the more restrictive ordinance shall apply and it is the developer's responsibility to discuss any issues or questions regarding the applicable ordinances with the City Planner. The developer shall be aware that the conservation principles shall be subject to the recommendations of the city staff, applicable commissions, planning commission and ultimate approval by the City Council. As stated in Sec. 44-129 the Developer shall be required to work closely with these bodies to develop a plan that supports the goals and objectives for the R-1 R District. Without the approval of these bodies the Developer will be entitled to a base entitlement of one unit per two acres with a 2.0 acre lot minimum. In all cases, the Developer shall receive a density bonus as described in Table 44-130.1 ONLY if the development integrates the Conservation Principle as a dominant theme throughout the proposed development. This shall be required of all proposed conservation principles. The City's objective is to maintain the rural quality of the R-1 R district and encourage conservation principles and development in the city's areas with natural resource qualitX Table 44-128.1 Conservation Principles for Density Incentives EnhancelPreserve large wooded areas or forest Prairie Restoration Preserve and Establish Natural Area Greenwavs Enhance Wetlands, Create Management Plan Tree Preservation CreatelDevelop Trail Connections Clusterin Slope Buffer Preservation Historic Preservation Create Passive Parks Additional Shoreline Buffers Energy Efficiency LEED Certified Buildings/Development Creek Restoration Management Low Impact Development (LID) Vista Shed/Corridor Preservation Dedicate 50% Open Space Additional Stormwater Management Enhance/areserve /arae wooded areas or forest: An act of deliberately avoidina the removal of clusters of structural) healthy mature trees and understory trees which are native to the area and non-invasive, individual heritage trees which are structurally healthy and greater than 20 caliper inches in order to protect the present or future value for their use in protection from erosion, for their landscape and aesthetic value, for their use in screening development or for other environmental or intrinsic benefits. To meet this standard, the developer must prepare a health assessment of the trees on site, and must show a polygon area on the site with permanent protection plan, that the developer shall implement, for the areas to be preserved and a manaaement clan includina removal of invasive species on the site. Preserve and Establish Natural Area Greenways: The dedication, maintenance or management of an area identified on the City's Natural Areas Greenway map. The Natural Area Greenway is defined as large contiguous areas of natural habitat that cross ownership boundaries. Tree Preservation: Through means of a tree inventory, identifying the most significant trees on a site and permanentlyprotecting them. The Developer shall be required to present a plan for protection of these trees, and will be required to demonstrate how these trees will be integrated as a key component of the development• ~ rnm hoin romnvorl fnr o rnorl,n,ov Packet Page Number Page 63 of 159 Attachment 1 C/ustering: A design technique that groups housing or development sites in a manner that allows for the conservation and preservation of open spaces such as farmland, natural areas, includina habitat areas and open vistas . Historic Preservation: Identifying and protecting through permanent means, any historically significant areas on a speclflc slte. ~ front orno rnctnrin o hictnrirol horn nr . If historical preservation is proposed as a conservation principle, the city's Historical Preservation Commission shall review and provide recommendations tothe City Council regarding this principle. To reinforce the historical quality, a signage plan shall be included to clearly communicate the historical significance of the area or artifact. Additiona/Shore/ine Buffers: Beyond those already identified in the Shoreland Overlay District, the creation and plan for permanent protection of protective buffers around those areas which are more sensitive to the negative impacts of development, especially areas that are defined as bluffs or steep slopes, where critical habitat may dwell, near historic tree clusters or heritage trees etcetera for which the additional buffers may vary or be averaged near the location of protection importance. LEED certified bui/dings/deve%pment (3 Practices per structure): A national set of standards for buildings and neighborhoods that focuses on the principles of green building ,smart growth, sustainability and healthy living. The LEED for Neighborhood Development Rating System provides independent, third-party verification that a development's location and design meet accepted high levels of environmentally responsible, sustainable development. £~t+~A density bonus will be given for a minimum of 3 practices in the LEED standards certification criteria. The density bonus shall only be given if the LEED standards are applied to all structures throughout a development. Developers are encouraged to seek LEED certification. Low /mpact Deve/opment (L/D): An ecologically friendly approach to site development and storm water management that aims to mitigate development impacts to land, water and air. The approach emphasizes the integration of site design and planning techniques that conserve the natural systems and hydrologic functions of a site. In all cases, the developer must minimize the impervious surface coverage to achieve low impact development, and must be a minimum of 5% below the 30% coverage standard allowed. This must be accomplished in conjunction with other LID techniques to achieve this principle. In order to achieve this principle the developer must demonstrate how they will achieve these principles. of imnnrvini is ci irforn onrl rnorl ,n~irlthc Dedicate 50% Open Space: Open space is defined as public or publicly held ~e land that is generally natural in character and contains relatively few human-made structures. The Developer can achieve a density bonus for dedication of 50% of a site to open space. . The open space dedication must be developable or have buildable qualities in order to achieve this principle. This conservation principle will be mandatory to achieve the full density allocation. Prairie Restoration: After performing a historical analysis to determine pre-settlement conditions, prepare a plan for prairie restoration with a specific management strategy that the developer shall implement, over the course of five Packet Page Number Page 64 of 159 Attachment 1 years in order to assure that the prairie establishes. This plan shall be submitted and approved by the City's Natural Resource Coordinator to determine if it meets this requirements and subsequently qualifies for the density bonus. Enhance wet/ands, create a Comprehensive Wet/and Management P/an (CWMP): A plan to resolve development and protection conflicts where wetlands affect a significant portion of a community. The plan encompasses the identification, study, and evaluation of wetland functions and community values, and development needs and investments with regard to wetlands protection, enhancement and regulation. The applicant shall be required to create a plan, that the developer shall implement, that exceeds the standards of the adopted Wetland Ordinance. Create/Deve%p trai/connections: A plan that illustrates the development of trails that are indicated on the Parks, Trails and Open Space Plan map as part of the subdivision process, whether active or passive in nature, with an emphasis on creating trail connections to existing trails. £~t+~A density bonus will be given for the development and construction of the trail not for the land dedication which will be considered part of the city's parkland dedication fees. S/ope buffer preservation: Adevelopment plan that deliberately avoids placing any ~+r„~+ lots, in the buffer area of a slope exceeding 12 percent, or as described in the city's slope ordinance. The developer shall establish a buffer with permanent protection to demonstrate how the buffer and slope is protected and the purpose of the protection measures and how it exceeds the current slope ordinance requirements. r~ A density bonus will be given for those plans that exceed the standards identified in the current steep slopes ordinance. Create passive parks: An area set aside through the development process that is environmentally sensitive and may or may not be developable. These parks may support passive uses such as walking trails, boardwalks and nature observation areas, but some areas may be too environmentally sensitive to accommodate anypublic access. f~tit A density bonus will onl bye iven for passive dedication areas that are permanentlyprotected and that are dedicated to a public entity Energy efy ficiency• Using the Minnesota Greenstar Program, develop energy efficient and Greenstar rated projects and buildings. r~A density bonus will be given when the developer utilizes the program to create a 'theme' in a development and uses the Greenstar and conservation principles in marketing the project. Creek restoration management: Restoration projects that the City believes would assist in the restoration of the stream or natural creek that compensate for the loss of past uses of the watershed due to contamination, erosion and other influences or issues. Specific types of projects proposed for implementation as part of a development plan would be those that enhance habitat, water quality, and flow regime such as stormwater management, stream channel stabilization or greenways by implementing conservation easements, or additional buffers in riparian corridors. Vista shed/corridor preservation: Asite plan or development pattern that is designed specifically to protect an area on or near the development site that is viewed as integral to protecting the sense of place, whether the features in the vista are cultural, historical or natural or whether thev are viewed from the street or within the development site. Additiona/StormwaterManagement.~The City has existing stormwater management policies, but there is opportunity to further improve the stormwater management on a site. The developer shall be given a density bonus rr~for a stormwater management plan, and implementation that exceeds the City's existing~olicy Packet Page Number Page 65 of 159 Attachment 1 Sec. 44-129 Application Requirements and Procedures. The developer shall follow the steps outlined below as part of the development review process. The developer shall be required to review the contents of this ordinance and prepare a plan consisting of written and visual documents to support the proposed development. (a) The developer shall review this ordinance and available natural resource data. The intent is to establish the property's ecological connections both within Maplewood and as part of the regional ecological system. If the developer chooses not to use a conservation approach the developer may develop at the base entitlement of one (1) unit per two (2) acres of land and skip to step e. If the developer is interested in additional units and smaller lot sizes, then the developer shall follow steps b-e. (b) The developer shall prepare and submit a natural resources evaluation of the site, including all of the following elements, this step is in preparation for meeting with the City Planner and should be completed prior to developing a concept plan: 1) Tree survey, including all significant individual trees greater than 6 inches in diameter, and stands of trees, identifying tree species and size. 2) Wetland inventory, including delineation reports; and MnRAM verification 3) Topographic survey indicating existing drainage patterns. This shall include one foot (1') contours for steep slope areas to better understand where the top and bottom of the slopes are for preservation and placement (c) The developer shall set up a meeting with the City Planner to discuss and establish the intent and goal for the subdivision. The process shall include a discussion regarding the appropriate conservation principles as identified in Table 44-128.1 for the specific site and shall be based on the preliminary natural resource information collected in step (b). The principles utilized to achieve higher densities on a site must be a~eved reviewed and recommended by the City Staff, Planning Commission and approved by the City Council. The conservation principles and corresponding density bonuses are shown in table 44-130.1 (d) The developer shall create a Concept Plan that includes the following information: 1) Abase yield plan, which demonstrates the number of allowed lots as determined by the base entitlement of one unit per two acres. 2) A description of the conservation principles that are used and the corresponding density bonus and unit count as the developer understands it. This shall also include information and data that supports how the concept plan addresses the conservation principle and how the plan meets and exceeds the standards of the City's existing natural resource ordinances. 3) A graphic that demonstrates generally how the lots would be laid out and the unit types proposed as part of the development. 4) A narrative that describes the conservation principles used in the concept plan and supporting data demonstrating how the concept meets the standards of existing ordinances, and data demonstrating how the concept plan exceeds them. 5) The developer shall submit, with their concept plans, data and reports related to the conservation principles performed by a reputable ecologist or ecological firm. The City shall reserve the right, if needed, to hire their own ecological expert at the cost of the developer to verify and further understand the plans submitted by the Applicant. 6) Submit twenty (20) copies of items 1 through 4 for informal ornon-binding comments by City Staff, Planning Commission and City Council. Each body will provide feedback and recommendations to the Developer so that they understand the changes they need to make moving forward to the Packet Page Number Page 66 of 159 Attachment 1 preliminaryplat. It will be up to the City Council to make the final decision with respect to the implementation of the Conservation Principles and final density of a project. (e) After the concept plan review, the developer shall take and integrate the suggestions and recommendations and prepare a preliminaryplat and final plat submittal in accordance with section 34-5 of the subdivision ordinance. (f) A full developer's agreement as well as any necessary agreements or documents that document the conservation principles and how they will be upheld will be required as a part of any final plat approval. This shall also include, if applicable, any dedication or transfer of property for the purpose of permanent conservation shall be completed prior to final plat approval or buildingpermits. Sec. 44-130 Density Bonus Standards The following density bonuses shall be rewarded based on the number of conservation principles (as identified in Table 44-128.1) integrated within a development. The conservation principles and their application must be agreed to by both the developer and the city (a) The units obtained through the density bonus calculation shall always be rounded down to the nearest whole number. (b) The density and number of units shall be calculated on a net area basis. Net density shall be defined as the number of dwelling units per acre exclusive of arterial streets and right of ways, wetlands and water features, and other publicly dedicated improvements such as parks. Table 44-130.1 Density Bonus Allotment for Conservation Principles The following table identifies the baseline entitlement for all property zoned R-1 R of 0.5 Units per acre. All density bonuses are cumulative and the percentage bonus calculated as such. Density Number of Density Bonus (Housing Units) Number of Lots on a 10 Acre Range Conservation Site (Example) Princi les Tier 1: 0 None -base entitlement of 2 Acre Lots 5 Lots 0.5 -1.5 1 50% 7 lots 2 100% 10 lots Tier 2: 3 - 16 lots 1.6 - 3.5 4 50% 24 lots 5 100% 32 lots Tier 3: 6 - 36 lots 3.6 - 4.3 7* 20% 43 lots The asterisk in Table 44-130.1 denotes a mandatory conservation principle of protecting fiftXpercent (50%) of a proposed project in open space. A management plan for all protected open space shall be required to achieve final plat approval. Potential options include management by a Homeowners Association, dedicated to a public use or interested agency Packet Page Number Page 67 of 159 !. v .~ t• ~ 'i ~ ~ .' ~~~ • • ~ '~l • r ~~ • Packet Page Number Page 68 of 159 I II ~ ~ ~. ~~ Attachment 2 Attachment 3 _~ ~ ___ ., ____ __~ L O ~ ~~ ~ ~~ L IA ~N/~ O ~ L O ~ ~ O O L.L ~ ~ ~\ N L CA a N ~ °~'~ N ~ ~ w v~ ~ ° ~ `~ +~ _ a~ ~• ~ a 0 o U ~ ~ ~ ~ ~ ad ~ ~n 6~ alp;spa;4/ ~~ i~ i ~ a~ ~ 0 ~ o0 0 O ~ N ~. (6 7 C 0 0 0 0 0 =Q io Packet Page Number Page 69 of 159 Attachment 4 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 6, 2009 V. NEW BUSINESS b. Rural Residential Conservation-Approach Ordinance Amendment City planner Ekstrand introduced consultant Jennifer Haskamp of Pulse Land Group, who presented preliminary information regarding a draft code amendment proposed to modify the rural single dwelling district (R-1 R) to become the rural conservation dwelling district. Ms. Haskamp said the city council recommended the draft comprehensive plan on December 8 and guided the south Maplewood area for a density range of .5 to 1.5 units per acre. Ms. Haskamp explained the council then directed that an ordinance be prepared to protect this area in the interim until the comprehensive plan is legally adopted. Ms. Haskamp explained how the proposed ordinance will work and then reviewed the draft ordinance with the commission. Commissioner Yarwood said he is concerned that the wording in the ordinance is fuzzy, such as defining what credit given means when exceeding standards such as in the steep slopes ordinances and how much is needed to exceed in order to receive this credit. Commissioner Desai suggested the wording from the comprehensive plan be adopted as an ordinance until the comprehensive plan is legally adopted. Ms. Haskamp responded that the amended densities cannot legally be amended in that way. Ms. Haskamp said that legally the zoning must match the land use. Ms. Haskamp explained this ordinance would legally allow the city to encourage developers to do things do get additional density. In reply to the commissioner's comments on fuzzy ordinance wording in the ordinance, Ms. Haskamp said further defining the wording would take considerable time and the ordinance needs to go into effect as soon as possible in order to stop undesirable development which would be allowable under the current comprehensive plan. Commissioner Walton asked if all of the density incentives are equal. Ms. Haskamp responded that in theory the densities are all equally weighted, but the ordinance would allow staff to have discussions with developers to encourage the conservation principles that would meet the intent of the ordinance. Commissioner Trippler questioned why the city does not again put a moratorium on this property prohibiting development for another year. Packet Page Number Page 70 of 159 Councilmember John Nephew, who was attending the meeting, responded saying the city council previously enacted a moratorium and then extended that moratorium. Mr. Nephew understood the city's ability to again "extend" the moratorium were used up. Commissioner Fischer said the word "view" used in the ordinance could be further defined, since beauty is in the eye of the beholder and watching the language may prevent a problem as a matter of definition. Ms. Haskamp agreed that defining what constitutes a view is challenging and said without a view shed study, defining what corridors to preserve and defining what that would mean would be subjective. Ms. Haskamp said the list of conservation principles was identified previously by the various commissions and advisory groups and that list could be modified. Commissioner Yarwood suggested the item referring to cluster housing be removed from the ordinance, since housing closely spaced was something they wanted to avoid. Commissioner Fischer disagreed with Commissioner Yarwood's suggestion saying that sometimes the kindest thing for the environment is to cluster housing rather than to spread it over the entire area. Commissioner Desai asked if restricting a developer from building townhouses or condos was included in the ordinance. Ms. Haskamp responded that permitted uses are any uses that are permitted in the R-1 R district and that would not include townhouses or condos. Ms. Haskamp said this discussion has been very helpful and she will take a look at making clearer and tighter definitions and defining where possible what a credit might be. Ms. Haskamp said this item would be brought back before the commission for a public hearing and reconsideration on January 20. Packet Page Number Page 71 of 159 AGENDA REPORT Agenda Item L2 TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: County Road D (East) Improvements (TH 61 to Southlawn), City Project 02-07, Approve Extension to Purchase Option for Ramsey County Regional Rail Authority for Burlington Northern Rail Corridor DATE: January 21, 2009 INTRODUCTION In 2005, the City finalized 30 months of negotiations by executing an agreement with Ramsey County, Ramsey County Regional Rail Authority, Burlington Northern Railroad, Minnesota Commercial Railroad, and Xcel Energy for the realignment of County Road D through the northwestern section of Maplewood. Within that agreement is a provision providing for the sale of the Burlington Northern Railroad Corridor by the Ramsey County Regional Rail Authority after it was purchased by the City of Maplewood for the County Road D Improvement project. That provision has expired and the City Council and Regional Rail Authority should authorize a 12-month extension for further property ownership investigation by the City Attorney. DISCUSSION The County Road D Realignment Agreement provided for the sale of the acquired railroad right of way to Ramsey County Regional Rail Authority prior to June 30, 2006. On June 26, 2006, the City Council approved a 6-month extension to December 31, 2006. Further extensions have been granted to allow the interests of Regional Rail to remain intact. The City Attorney and the City Engineering staff are continuing to investigate and attempt to clarify a number of title issues and legal abandonment documentation that preclude this provision from being executed. Attached is a letter from the Regional Rail Authority requesting an extension to December 31, 2009. Staff and the City attorney are working on the title issues and continuing to meet with MnDOT Freight Staff and Regional Rail staff on a final agreement. The December 31St date should provide adequate time to finalize the negotiations and clarify the title issues. Progress is being made; however, due to a number of documents and title issues that date back to the 1850's when the railroad was first constructed, this is extremely complex and time consuming. The purchase/sale price is in excess of $700,000, so this remains an important item to resolve. RECOMMENDATION It is recommended that council approve an extension to December 31, 2009, of the option agreement with Ramsey County Regional Rail Authority for the Burlington Northern Rail corridor as part of the County Road D Realignment Agreement for County Road D Improvements, City Project 02-07. Attachment: 1. Letter from Regional Rail Authority Packet Page Number Page 72 of 159 ~, ~~ ~~ 1 ~~ ~i .~ ~ ^ 1 ~ ~+ _ ti -- _.'~ _ + ~ a _~ --~ ~ 1 J_ ~ ~/ . ~ .y *1 "' tem L2 r ~~J ~is ~~ ^ ~~ Packet Page Number Page 73 of 159 ~~ = I~ AGENDA NO. L-3 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Resolution Providing for the Competitive Negotiated Sale of $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A DATE: February 3, 2009 INTRODUCTION/SUMMARY Bonds need to be issued to finance two public works improvement projects that the City Council has approved. Improvement bonds totaling $3,070,000 are planned for the projects that have special assessments that total at least 20% of the project costs. The projects and financing plans are listed in the attached report from Springsted Incorporated. The report lists annual tax levies for the improvement bonds of $179,703 - $194,955 payable 2010-2025 which are required to finance the unassessed project costs. The report also suggests a bid award on the bond sale at the Council meeting at 7:00 p.m. on Monday, March 9, 2009. Refunding bonds are proposed to be issued to refund the February 1, 2010 through 2017 maturities of the City's General Obligation Improvement Bonds, Series 2001 B, dated October 1, 2001 and currently outstanding in the aggregate amount of $1,640,000. Estimated savings to the City of the refunding of this issue is $90,650. RECOMMENDATION 1. Staff recommends that the City Council adopt the attached resolution providing preliminary approval for the sale of $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A. Packet Page Number Page 74 of 159 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: February 9, 2009 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on February 9, 2009, at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $4,765,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2009A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $4,765,000 General Obligation Improvement Bonds, Series 2009A (the "Bonds"), to (i) finance various improvement projects within the City, and (ii) to refund the February 1, 2010 through February 1, 2017 maturities of the City's General Obligation Improvement Bonds, Series 2001B, dated October 1, 2001; 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 proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. Packet Page Number Page 75 of 159 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Packet Page Number Page 76 of 159 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A. WITNESS my hand on February 9, 2009. City Clerk Packet Page Number Page 77 of 159 EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $4,765,0001 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2009A (BOOK ENTRY ONLY) Proposals for the Bonds and the Good Faith Deposit ("Deposit") will be received on Monday, March 9, 2009, until 11:00 AM., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or 'Preliminary; subject to change. Packet Page Number Page 78 of 159 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 Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2"d Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated April 1, 2009, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2010. 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 2010 $205,000 2014 $415,000 2018 $210,000 2022 $200,000 2011 $415,000 2015 $420,000 2019 $190,000 2023 $205,000 2012 $410,000 2016 $425,000 2020 $195,000 2024 $210,000 2013 $415,000 2017 $440,000 2021 $190,000 2025 $220,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the maturity amounts offered for sale. Any such increase or reduction will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds 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 Packet Page Number Page 79 of 159 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, 2019, and on any day thereafter, to prepay Bonds due on or after February 1, 2020. Redemption may be 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 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 filed against benefited properties. The proceeds will be used to (i) finance various improvement projects within the City, and (ii) refund the February 1, 2010 through February 1, 2017 maturities of the City's General Obligation Improvement Bonds, Series 2001B, dated October 1, 2001. BIDDING PARAMETERS Proposals shall be for not less than $4,714,968 and accrued interest on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1% lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of $47,650, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder Packet Page Number Page 80 of 159 shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA #121000248 For credit to Springsted Incorporated, Account #635-5007954 Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond services@springsted.com, including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre-approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond 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, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. Packet Page Number Page 81 of 159 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 purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. 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 Packet Page Number Page 82 of 159 is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement' of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 190 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 9, 2009 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk Packet Page Number Page 83 of 159 Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 February 3, 2009 Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com Mr. Robert Mittet Finance and Administration Manager City of Maplewood 1830 East City Road B Maplewood, MN 55109-2797 Re: Recommendations for the Issuance of $4,765,000 General Obligation Improvement and Refunding Bonds, Series 2009A Dear Mr. Mittet: We have enclosed an electronic copy of our recommendations for the above-captioned issue for distribution to Council members and City staff prior to your meeting on Monday, February 9, 2009. We will be forwarding under separate cover contract amendments for services relating to arbitragelrebate to include this issue. The City will need to sign and return the forms so that Springsted will be authorized to complete calculations as may be required related to this issue. If you should have any questions pertaining to the enclosed documents, or if you require additional copies, please do not hesitate to contact us. Sincerely, Alicia B. Gage Project Manager smc Enclosures Pu b I i ~t~i~r~u~xra- Page 84 of 159 Recommendations For City of Maplewood, Minnesota $4,765,000* General Obligation Improvement and Refunding Bonds, Series 2009A Preliminary,• subject to change Presented to: Honorable Diana Longrie, Mayor Members, City Council Mr. Chuck Ahl, Acting City Manager Mr. Robert Mittet, Finance and Administration Manager City of Maplewood 1830 East City Road B Maplewood, MN 55109-2797 Study No.: 001408106 SPRINGSTED Incorporated February 3, 2009 Springsted Packet Page Number Page 85 of 159 RECOMMENDATIONS Re: Recommendations for the Issuance of $4,765,000* General Obligation Improvement and Refunding Bonds, Series 2009A (the "Bonds" or "Issue") We respectfully request your consideration of our recommendations for the above-named Issue. The proceeds of the Bonds will be used to: (i) finance various improvement projects within the City ("Improvement Portion") and (ii) refund the February 1, 2010 through 2017 maturities of the City's General Obligation Improvement Bonds, Series 2001 B, dated Ocotober 1, 2001 ("Refunding Portion"). We recommend the following for the Bonds: Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. Sale Date and Time Monday, March 9, 2009 at 11:00 A.M., with consideration for award by the City Council at 7:00 P.M. that same day. Method ofSa/e The Bonds will be sold through a competitive bidding process. In the interest of obtaining as many bids as possible, we have included a provision in the attached Terms of Proposal for underwriters to submit their bid electronically through the electronic bidding platform of PARITY°. In addition, physical bids (by phone or fax) will be accepted at the offices of Springsted. In the past we have permitted two means of providing the good faith deposits; either by certified/cashier's check or a financial surety bond. Recently the sole provider of the financial surety bond for this purpose has imposed additional restrictions on its participants. In response, we are allowing an additional means of providing the good faith deposits, whereby Springsted would serve as your agent for the purpose of receiving good faith deposits submitted by wire transfer. Authority for the Bonds Principal Amount of the Bonds Preliminary,• subject to change The Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 429. $4,765,000* *Included in the Terms of Proposal for the Bonds is a provision that permits the City to increase or reduce the principal amount of the Bonds in any of the maturities. This allows for any necessary adjustments required based on final interest rates and issuance costs. Packet Page Number Page 86 of 159 City of Maplewood, Minnesota February 3, 2009 Repayment Term The Bonds will mature annually February 1, 2010 through 2025. Interest will be payable each February 1 and August 1, commencing February 1, 2010. Security and Source of Payment (aJ Security The Bonds are general obligations of the City secured by its full faith and credit and taxing power. (bJ Payment Source Prepayment Provisions The Bonds will be repaid with a combination of special assessments and ad valorem property taxes. The City may elect on February 1, 2019, and on any date thereafter, to prepay the Bonds due on or after February 1, 2020 at a price of par plus accrued interest. 9. Term Bonds We have included a provision for the Bonds that permits the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides large blocks of bonds, which are more attractive to bond funds, and certain pension funds, which deal only with large blocks of bonds. This in turn is a benefit to the City since selling larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bonds to the best bid regardless of whether term bonds are chosen or not. 10. Credit Rating Comments An application will be made to Moody's Investors Service for a rating on the Bonds. The City's outstanding general obligation debt is currently rated "Aa2". 11. Federal Treasury Regulations Concerning Tax- ExemptObligations (aJ Bank Qua/ification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax- exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the Packet Page f~g~e? Page 87 of 159 City of Maplewood, Minnesota February 3, 2009 issuer does not issue more than $10 million of tax exempt obligations in a calendar year. Issues that are bank qualified generally receive slightly lower interest rates than issues that are not bank qualified. Since the City does not expect to issue more than $10 million of tax-exempt obligations in 2009, the Bonds will be designated as bank qualified. Please note the Refunding Portion of the Bonds is a current refunding and only the amount above the principal being refunded counts towards the $10 million total. Therefore the amount of the Refunded Portion that will be counted toward the $10 million limit is $55,000. (bJ Arbitrage Comp/ince All tax-exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate that may apply in both of these categories. (iJ Rebate The City may qualify for an expenditure exception to rebate if the proceeds of the Bonds are spent in accordance with the 6-month, 18-month, or 24-month expenditure exception. The 18-month and 24-month expenditure exceptions require a certain percentage of the proceeds be spent at 6-month intervals. If all of the proceeds are expended in amounts at least equal to the cumulative percentage for each 6-month period, the bond proceeds are exempt from rebate and the City may retain the excess earnings. The City expects to meet the 24-month spend down exemption on the Improvement Portion of the Bonds and the 6-month spend down exemption on the Refunding Portion. The City should be aware that this test is an "actual" test, not one of "reasonable expectations" and will need to determine if the spend down was met or if rebate may be required. In any event, issue proceeds, if any, not set aside for project expenditures may still be subject to rebate. Packet Page f~g~e~ Page 88 of 159 City of Maplewood, Minnesota February 3, 2009 (iiJ Bona Fide Debt Service Fund (cJ Economic Life (dJ Federal Reimbursement Regulations The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction. Yield restriction requires restricting the investment return in the debt service fund to the yield on the Bonds. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with the fund spent down each year to a carry over permitted equal to the greater of the investment earnings in the fund during the prior year or 1112 the debt service of the prior year. Additional diligence should be exercised in monitoring the debt service fund for the Bonds due to the potential accumulation of assessment prepayments, which could cause the debt service fund on the Bonds to become non-bona fide. Springsted currently provides arbitrage and rebate services to the City under a separate contract. A contract amendment adding the Bonds has been forwarded to City staff. The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The proceeds of the Improvement Portion of the Bonds will be used to finance street improvements which have an economic life of at least 20 years. The average life of the Improvement Portion of the Bonds is 8.820 years. The average life of the Refunding Portion is less than the remaining average life of the Prior Bonds. Therefore the Bonds are within the economic life requirements. In regards to the Improvement Portion of the Bonds, federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of Issue proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to Improvement Portion of the Bonds. Packet Page f~Rp-g~e~ Page 89 of 159 City of Maplewood, Minnesota February 3, 2009 12. Continuing Disc%sure The Bonds are subject to continuing disclosure requirements set forth by the Securities and Exchange Commission (SEC). The SEC rules require the City to undertake an annual update of certain Official Statement information and report any material events to the national repositories. In the past, the City has indicated that it will manage its own continuing disclosure matters. We understand that the City will continue that practice with this Issue. 13. Attachments Issue Summary . Sources and Uses Debt Service Schedule The Improvement Portion . Sources and Uses Assessment Income Schedules Debt Service Schedules The Refunding Portion Refunding Schedules Terms of Proposal DISCUSSION Proceeds of the Bonds will be used to: (i) finance various improvement projects within the City and (ii) refund the February 1, 2010 through 2017 maturities of the City's General Obligation Bonds, Series 2001 B, dated October 1, 2001 (the "Prior Bonds"). Combining the new money portion with the refunding portion into a single bond issue allows the City to save costs of issuance and provides larger principal maturities, thus making the Bonds more marketable. The sources and uses for the Bonds is shown on page 9 and includes capitalized interest, costs of issuance and underwriter's discount by individual projects. The debt service for the Bonds as a whole is shown on page 10. The Improvement Portion The Improvement Portion of the Bonds will be used to finance the various improvements related to the Carsgrove Meadows and Castle Avenue street improvement projects. Both projects are street reconstruction projects that have been included in the City's Capital Improvement Plan. Special assessments and ad valorem property taxes have been pledged for repayment of the Improvement Portion of the Bonds. Assessments in the principal amount of $875,400 will be filed on or about October 15, 2009. Of the total assessments, $146,640 for the Castle Avenue improvement project will be structured over a term of 8 years. The Packet Page rR~g~~r Page 90 of 159 City of Maplewood, Minnesota February 3, 2009 remaining assessments in the amount of $728,760 will be structured over a term of 15 years. All assessments have been structured with equal annual principal payments with interest charged on the unpaid balance of assessments of 6.0%. The projected assessment schedules are shown on pages 11 through 14. Based on projected assessment income, it is expected that the City will be required to levy ad valorem taxes to pay a portion of the debt service on the Improvement Portion of the Bonds. The City will make its first levy for the Improvement Portion in 2009 for collection in 2010. Since collections of taxes and assessments will not be available to make the interest payment due on February 1, 2010, the City will use capitalized interest included in the par amount of the Improvement Portion to make the February 1, 2010 interest payment. Thereafter, each year's collection of taxes and assessments will be used to make the August 1 interest payment due in the year of collection and the February 1 principal and interest payment in the following year. The Improvement Portion has been structured around the projected assessment income to provide a level annual tax levy requirement over a term of 15 years. The total principal structure for the Improvement Portion is shown on page 15 and includes the following information: . Columns 1 through 4 show the principal maturity dates, the annual principal payments, estimated interest rates and projected total principal and interest payments, given the current market environment. . Column 5 shows the capitalized interest amount required to make the February 1, 2010 interest payment. . Column 6 shows the net debt service. . Column 7 shows the 5% overlevy which is required by State statutes and serves as a protection to bondholders and the City in the event of delinquencies in the collection of assessments or taxes. . Column 8 shows the projected assessment income developed on pages 11 through 14. . Column 9 shows the projected net tax levy requirement for the Improvement Portion, which represents the difference between 105% of debt service and the projected assessment income (column 7 less column 8). Debt service schedules by project are shown on pages 16 through 20. The Refunding Portion The proceeds of the Refunding Portion with be used to refund the February 1, 2010 through 2017 maturities of the City's General Obligation Improvement Bonds, Series 2001 B, dated October 1, 2001 and currently outstanding in the aggregate amount of $1,640,000 (the "Prior Bonds"). The issuance of the Refunding Portion is being conducted as a "current" refunding, in which the proceeds of the Refunding Portion are used within ninety days of bond settlement to redeem the outstanding principal of the Prior Bonds. This refunding is being undertaken to achieve interest cost savings. The Prior Bonds were originally issued to finance various improvement projects within the City. On May 15, 2009 (the call date), the City will (i) use the proceeds of the Refunding Portion to redeem the remaining $1,640,000 outstanding principal on the Prior Bonds and (ii) pay the accrued interest through the call date. Beginning with the February 1, 2010 principal and interest payment, the City will begin to make debt service payments on the Refunding Portion realizing the interest cost savings. Packet Page rRk~'g~~ Page 91 of 159 City of Maplewood, Minnesota February 3, 2009 Based on current interest rate estimates, the refunding is projected to result in future value savings of approximately $95,815 with a net present value benefit to the City of approximately $100,700. These estimates are net of all costs of issuance associated with the refunding. We have attached a set of schedules that summarizes the refunding statistics and the projected savings resulting from the sale of the Refunding Portion of the Bonds. These schedules include the following information about the proposed refunding: • Refunding Summary: shows the detailed sources and uses of funds for the Refunding Portion and statistical information relating to the refunding transaction -page 21 • Prior Original Debt Service: shows the existing debt service requirements on the Prior Bonds without a refunding -page 22 • Debt Service to Maturity and to Call: shows the Prior Bonds' remaining debt service to the call date and to maturity -page 23 • Net Debt Service Schedule: shows the new projected debt service on the Refunding Portion based on current estimated interest rates, projected future assessments and the net levy requirement of the Refunding Portion - page 24 • Debt Service Comparison: shows the projected annual cash flow savings of the Refunding Portion in comparison to the existing debt service on the Prior Bonds (the old issues) -page 25 The City hired Springsted to provide a Debt Management Study to assist the City in developing a debt management plan that will enable the City to project the near-term and long-term impact of existing debt on its financial resources. Based on this Debt Management Study, we were able to determine the outstanding special assessments pledged for repayment of the Prior Bonds. These outstanding assessments will be used to pay a portion of the debt service on the Refunding Portion of the Bonds. Taxes collected pursuant to the levy currently in place for the Prior Bonds and special assessment collections should be sufficient to make the February 1, 2010 principal and interest payment on the Refunding Portion. The City will need to levy in 2009 for collection in 2010 in an amount sufficient to make the net levy requirement shown in column 9 on page 24. Each year's collection of taxes and assessments will be used to make the August 1 interest payment due in the collection year and the February 1 principal and interest due in the following year. Market Conditions The disruptions being experienced by the market are well documented. At the same time, the market is also showing that it is receptive to sales such as you propose. Good municipal credits in reasonably sized transactions are receiving bidding interest from multiple bidders. Interest rates, that increased in mid-August 2008 are showing improvement recently but are still out of balance with taxable rates. Springsted will continue to monitor market conditions and advise staff prior to your sale if those conditions warrant action on your part or suggest an alternate course. Packet Page ~~e7 Page 92 of 159 City of Maplewood, Minnesota February 3, 2009 Springsted Incorporated is pleased to again be of service to the City of Maplewood. 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~j U o~ ~j m .~_. ~ C f/1 N O M N~ '~ 7 O Q U 0 ~ l U oU p~pU > c ai 3~U ~ a~'ia > . £ ~Q ~ m m N N N ~ c}~ L ~ Q O N °' R R 7 c ~ C LL c L N ~~ ] Q Q ~ C Z H 0] Q N ,>~ m ~ Z> 5 Packet Page ~~gb'~ Page 95 0 159 L $109,890 City of Maplewood, Minnesota General Obligation Improvement Refunding Bonds, Series 2009A Carsgrove -Storm Sewer ASSESSMENT INCOME Date Principal Coupon Interest Total P+I 12/31 /2009 - - - - 12/31 /2010 7,326.00 6.000°k 7,985.34 15,311.34 12/31 /2011 7,326.00 6.000°k 6,153.84 13,479.84 12/31 /2012 7,326.00 6.000°k 5,714.28 13,040.28 12/31 /2013 7,326.00 6.000°k 5,274.72 12,600.72 12/31 /2014 7, 326.00 6.000°k 4, 835.16 12,161.16 12/31 /2015 7,326.00 6.000°k 4,395.60 11,721.60 12/31 /2016 7,326.00 6.000°k 3,956.04 11,282.04 12/31 /2017 7,326.00 6.000°k 3,516.48 10,842.48 12/31 /2018 7,326.00 6.000°k 3,076.92 10,402.92 12/31 /2019 7, 326.00 6.000°k 2, 637.36 9, 963.36 12/31 /2020 7, 326.00 6.000°k 2,197.80 9, 523.80 12/31 /2021 7, 326.00 6.000°k 1, 758.24 9, 084.24 12/31 /2022 7, 326.00 6.000°k 1, 318.68 8, 644.68 12/31 /2023 7, 326.00 6.000°k 879.12 8, 205.12 12/31 /2024 7, 326.00 6.000°k 439.56 7, 765.56 Total $109,890.00 - $54,139.14 $164,029.14 SIGNIFICANT DATES Filing Date .................................................................................................................................................................................. 10/15/2009 First Payment Date ..................................................................................................................................................................... 12/31/2010 Series 2009A -Assessment /Carsgrove-Storm Sewer / 2/2/2009 / 9.27AM ~1'"~'~r Packet Page~p~gb'~'~ Page 96 0 159 $514,500 City of Maplewood, Minnesota General Obligation Improvement Refunding Bonds, Series 2009A Carsgrove -Streets ASSESSMENT INCOME Date Principal Coupon Interest Total P+I 12/31 /2009 - - - - 12/31 /2010 34,300.00 6.000°k 37,387.00 71,687.00 12/31 /2011 34,300.00 6.000°k 28,812.00 63,112.00 12/31 /2012 34,300.00 6.000°k 26,754.00 61,054.00 12/31 /2013 34,300.00 6.000°k 24,696.00 58,996.00 12/31 /2014 34,300.00 6.000°k 22,638.00 56,938.00 12/31 /2015 34,300.00 6.000°k 20,580.00 54,880.00 12/31 /2016 34,300.00 6.000°k 18,522.00 52,822.00 12/31 /2017 34,300.00 6.000°k 16,464.00 50,764.00 12/31 /2018 34,300.00 6.000°k 14,406.00 48,706.00 12/31 /2019 34,300.00 6.000°k 12,348.00 46,648.00 12/31 /2020 34,300.00 6.000°k 10,290.00 44,590.00 12/31 /2021 34,300.00 6.000°k 8,232.00 42,532.00 12/31 /2022 34,300.00 6.000°k 6,174.00 40,474.00 12/31 /2023 34,300.00 6.000°k 4,116.00 38,416.00 12/31 /2024 34,300.00 6.000°k 2,058.00 36,358.00 Total $514,500.00 - $253,477.00 $767,977.00 SIGNIFICANT DATES Filing Date .................................................................................................................................................................................. 10/15/2009 First Payment Date .................................................................................................................................................................... 12/31/2010 Series 2009A -Assessment /Carsgrove-Streets / 2/2/2009 / 9.27AM ~~~ ' ~ ~ Packet Page ~~gb'~? ^ Page 97 0 159 $104,370 City of Maplewood, Minnesota General Obligation Improvement Refunding Bonds, Series 2009A Castle Ave -Residential Property ASSESSMENT INCOME Date Principal Coupon Interest Total P+I 12/31 /2009 - - - - 12/31 /2010 6,958.00 6.000°k 7,584.22 14,542.22 12/31 /2011 6,958.00 6.000°k 5,844.72 12,802.72 12/31 /2012 6,958.00 6.000°k 5,427.24 12,385.24 12/31 /2013 6,958.00 6.000°k 5,009.76 11,967.76 12/31 /2014 6,958.00 6.000°k 4,592.28 11,550.28 12/31 /2015 6,958.00 6.000°k 4,174.80 11,132.80 12/31 /2016 6,958.00 6.000°k 3,757.32 10,715.32 12/31 /2017 6,958.00 6.000°k 3,339.84 10,297.84 12/31 /2018 6,958.00 6.000°k 2,922.36 9,880.36 12/31 /2019 6,958.00 6.000°k 2,504.88 9,462.88 12/31 /2020 6,958.00 6.000°k 2,087.40 9,045.40 12/31 /2021 6,958.00 6.000°k 1,669.92 8,627.92 12/31 /2022 6,958.00 6.000°k 1,252.44 8,210.44 12/31 /2023 6,958.00 6.000°k 834.96 7,792.96 12/31 /2024 6,958.00 6.000°k 417.48 7,375.48 Total $104,370.00 - $51,419.62 $155,789.62 SIGNIFICANT DATES Filing Date .................................................................................................................................................................................. 10/15/2009 First Payment Date ..................................................................................................................................................................... 12/31/2010 ,..,,. ,.y., „ ~.,,.v Page 98 0 159 Series 2009A -Assessment ~ Cest7eAve-ResidenSe7 ~ _' _' _'. ', '" ~ "27AM $146,640 City of Maplewood, Minnesota General Obligation Improvement Refunding Bonds, Series 2009A Castle Ave -Commercial Property ASSESSMENT INCOME Date Principal Coupon Interest Total P+I 12/31 /2009 - - - - 12/31 /2010 18,330.00 6.000°k 10,655.84 28,985.84 12/31 /2011 18,330.00 6.000°k 7,698.60 26,028.60 12/31 /2012 18,330.00 6.000°k 6,598.80 24,928.80 12/31 /2013 18,330.00 6.000°k 5,499.00 23,829.00 12/31 /2014 18,330.00 6.000°k 4,399.20 22,729.20 12/31 /2015 18,330.00 6.000°k 3,299.40 21,629.40 12/31 /2016 18,330.00 6.000°k 2,199.60 20,529.60 12/31 /2017 18,330.00 6.000°k 1,099.80 19,429.80 Total $146,640.00 - $41,450.24 $188,090.24 SIGNIFICANT DATES Filing Date .................................................................................................................................................................................. 10/15/2009 First Payment Date ..................................................................................................................................................................... 12/31/2010 Series 2009A -Assessment / Cest7eAve-Cammercie7P / 2/2/2009 / 9.27AM ~1'"~'~r Packet Page~p~gb'~ Page 99 0 159 $3,070,000 City of Maplewood, Minnesota General Obligation Improvement and Refunding Bonds, Series 2009A Issue Summary NET DEBT SERVICE SCHEDULE (1) (2) (3) (4) (5) (s) (7) ($) (9) Date Principal Coupon Interest Total P+I Capitalized Net New D/S 105% of Total Assessment Levy Required Interest 02/01/2010 - - 75,850.01 75,850.01 (75,850.01) - - - - 02/01/2011 215,000.00 1.450°~ 91,020.00 306,020.00 - 306,020.00 321,321.00 130,526.40 190,794.60 02/01/2012 205,000.00 1.650°~ 87,902.50 292,902.50 - 292,902.50 307,547.63 115,423.16 192,124.47 02/01/2013 205,000.00 1.850°~ 84,520.00 289,520.00 - 289,520.00 303,996.00 111,408.32 192,587.68 02/01/2014 205,000.00 2.100°~ 80,727.50 285,727.50 - 285,727.50 300,013.88 107,393.48 192,620.40 02/01/2015 205,000.00 2.300°~ 76,422.50 281,422.50 - 281,422.50 295,493.63 103,378.64 192,114.99 02/01/2016 205,000.00 2.550°~ 71,707.50 276,707.50 - 276,707.50 290,542.88 99,363.80 191,179.08 02/01/2017 210,000.00 2.800°~ 66,480.00 276,480.00 - 276,480.00 290,304.00 95,348.96 194,955.04 02/01/2018 210,000.00 3.000°~ 60,600.00 270,600.00 - 270,600.00 284,130.00 91,334.12 192,795.88 02/01/2019 190,000.00 3.200°~ 54,300.00 244,300.00 - 244,300.00 256,515.00 68,989.28 187,525.72 02/01/2020 195,000.00 3.550°~ 48,220.00 243,220.00 - 243,220.00 255,381.00 66,074.24 189,306.76 02/01/2021 190,000.00 3.750°~ 41,297.50 231,297.50 - 231,297.50 242,862.38 63,159.20 179,703.18 02/01/2022 200,000.00 3.900°~ 34,172.50 234,172.50 - 234,172.50 245,881.13 60,244.16 185,636.97 02/01/2023 205,000.00 4.050°~ 26,372.50 231,372.50 - 231,372.50 242,941.13 57,329.12 185,612.01 02/01/2024 210,000.00 4.100°~ 18,070.00 228,070.00 - 228,070.00 239,473.50 54,414.08 185,059.42 02/01/2025 220,000.00 4.300°~ 9,460.00 229,460.00 - 229,460.00 240,933.00 51,499.04 189,433.96 Total $3,070,000.00 - $927,122.51 $3,997,122.51 (75,850.01) $3,921,272.50 $4,117,336.13 $1,275,886.00 $2,841,450.13 Dated .................................................................................................................................................................................................. . Delivery Date ........................................................................................................................................................................................... First Coupon Date ................................................................................................................................................................................... Yield Statistics Bond Year Dollars Average Life......... Average Coupon.. Net Interest Cost (NIC) .................. True Interest Cost (TIC) ................ Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) .................. IRS Form 8038 Net Interest Cost ........................................... Weighted Average Maturity ........................... Sen~es 2009A Imp 8ondsAG /Issue Swnmary / 2/2/2009 / 1:11 PM 4/01 /2009 4/01 /2009 2/01/2010 $27,078.33 8.820 Years 3.4238537°~ 3.5428972°~ 3.5161161 °~ 3.3739877°~ 3.6897853°~ 3.4238537°~ 8.820 Years ~' ~ ~ ~~ ~ Packet Page ~t~igb'~ Page 100 0 159 $1,715,000 City of Maplewood, Minnesota General Obligation Improvement and Refunding Bonds, Series 2009A Carsgrove - GO Improvement DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% Levy 02/01/2010 - - 44,000.00 44,000.00 46,200.00 02/01/2011 95,000.00 1.450°k 52,800.00 147,800.00 155,190.00 02/01/2012 100,000.00 1.650°k 51,422.50 151,422.50 158,993.63 02/01/2013 100,000.00 1.850°k 49,772.50 149,772.50 157,261.13 02/01/2014 100,000.00 2.100°k 47,922.50 147,922.50 155,318.63 02/01/2015 105,000.00 2.300°k 45,822.50 150,822.50 158,363.63 02/01/2016 105,000.00 2.550°k 43,407.50 148,407.50 155,827.88 02/01/2017 110,000.00 2.800°k 40,730.00 150,730.00 158,266.50 02/01/2018 110,000.00 3.000°k 37,650.00 147,650.00 155,032.50 02/01/2019 115,000.00 3.200°k 34,350.00 149,350.00 156,817.50 02/01/2020 120,000.00 3.550°k 30,670.00 150,670.00 158,203.50 02/01/2021 120,000.00 3.750°k 26,410.00 146,410.00 153,730.50 02/01/2022 125,000.00 3.900°k 21,910.00 146,910.00 154,255.50 02/01/2023 130,000.00 4.050°k 17,035.00 147,035.00 154,386.75 02/01/2024 135,000.00 4.100°k 11,770.00 146,770.00 154,108.50 02/01/2025 145,000.00 4.300°k 6,235.00 151,235.00 158,796.75 Total $1,715,000.00 - $561,907.50 $2,276,907.50 $2,390,752.88 SIGNIFICANT DATES Dated ....................................................................................................................................................................................... 4/01 /2009 Delivery Date ........................................................................................................................................................................... 4/01/2009 First Coupon Date ................................................................................................................................................................... 2/01/2010 Yield Statistics Bond Year Dollars ................................................................................................................................................................... $16,039.17 Average Life ............................................................................................................................................................................ 9.352 Years Average Coupon ..................................................................................................................................................................... 3.5033460°k Net Interest Cost (NIC) ............................................................................................................................................................ 3.6156180°k True Interest Cost (TIC) .......................................................................................................................................................... 3.5917116°k Bond Yield for Arbitrage Purposes .......................................................................................................................................... 3.1196988°k All Inclusive Cost (AIC) ............................................................................................................................................................ 3.6980898°k IRS Form 8038 Net Interest Cost ..................................................................................................................................................................... 3.5033460°k Weighted Average Maturity ..................................................................................................................................................... 9.352 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Series 2009A Imp Bands / Cersgra ve-GO lmpravemen / 2/2/2009 / 9:56AM ~ ' " ~ Packet Page ~~gb'~ ~ * ~ Page 101 0 159 $115,000 City of Maplewood, Minnesota General Obligation Improvement and Refunding Bonds, Series 2009A Carsgrove -Storm Sewer Assessments NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I Capitalized Interest Net New D/S 105% of Total Assessment Levy Required 02/01/2010 - - 2,593.75 2,593.75 (2,593.75) - - - - 02/01/2011 10,000.00 1.450% 3,112.50 13,112.50 - 13,112.50 13,768.13 15,311.34 (1,543.22) 02/01/2012 10,000.00 1.650% 2,967.50 12,967.50 - 12,967.50 13,615.88 13,479.84 136.04 02/01/2013 10,000.00 1.850% 2,802.50 12,802.50 - 12,802.50 13,442.63 13,040.28 402.35 02/01/2014 10,000.00 2.100% 2,617.50 12,617.50 - 12,617.50 13,248.38 12,600.72 647.65 02/01/2015 10,000.00 2.300% 2,407.50 12,407.50 - 12,407.50 13,027.88 12,161.16 866.72 02/01/2016 10,000.00 2.550% 2,177.50 12,177.50 - 12,177.50 12,786.38 11,721.60 1,064.78 02/01/2017 10,000.00 2.800% 1,922.50 11,922.50 - 11,922.50 12,518.63 11,282.04 1,236.59 02/01/2018 10,000.00 3.000% 1,642.50 11,642.50 - 11,642.50 12,224.63 10,842.48 1,382.15 02/01/2019 5,000.00 3.200% 1,342.50 6,342.50 - 6,342.50 6,659.63 10,402.92 (3,743.30) 02/01 /2020 5, 000.00 3.550% 1,182.50 6,182.50 - 6,182.50 6,491.63 9,963.36 (3,471.74) 02/01/2021 5,000.00 3.750% 1,005.00 6,005.00 - 6,005.00 6,305.25 9,523.80 (3,218.55) 02/01/2022 5,000.00 3.900% 817.50 5,817.50 - 5,817.50 6,108.38 9,084.24 (2,975.87) 02/01/2023 5,000.00 4.050% 622.50 5,622.50 - 5,622.50 5,903.63 8,644.68 (2,741.06) 02/01/2024 5,000.00 4.100% 420.00 5,420.00 - 5,420.00 5,691.00 8,205.12 (2,514.12) 02/01/2025 5,000.00 4.300% 215.00 5,215.00 - 5,215.00 5,475.75 7,765.56 (2,289.81) Total $115,000.00 - $27,848.75 $142,848.75 (2,593.75) $140,255.00 $147,267.75 $164,029.14 (16,761.39) Dated ................................................................................................................................. .................................................................. 4/01 /2009 Delivery Date ..................................................................................................................... ...................................................................... 4/01/2009 First Coupon Date ............................................................................................................. .......................................................................... 2/01/2010 Yield Statistics Bond Year Dollars ............................................................................................................. .......................................................................... $875.83 Average Life ...................................................................................................................... ...................................................................... 7.616 Years Average Coupon ............................................................................................................... ........................................................................... 3.1796860% Net Interest Cost (NIC) ...................................................................................................... ........................................................................... 3.3175547% True Interest Cost (TIC) .................................................................................................... ............................................................................ 3.2887982% Bond Yield for Arbitrage Purposes .................................................................................... ................................................................................ 3.1196988% All Inclusive Cost (AIC) ..................................................................................................... ........................................................................... 3.4140603% IRS Form 8038 Net Interest Cost ............................................................................................................... ........................................................................ 3.1796860% Weighted Average Maturity ............................................................................................... ................................................................................ 7.616 Years Packet Page ~t~gb'~~ Page 102 0 159 Series 2009A Imp bonds /Carsgrove-Storm SewerA / 2/2/2009 / 9:56AM $535,000 City of Maplewood, Minnesota General Obligation Improvement and Refunding Bonds, Series 2009A Carsgrove -Street Assessments NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I Capitalized Interest Net New D/S 105% of Total Assessment Levy Required 02/01/2010 - - 12,666.67 12,666.67 (12,666.67) - - - - 02/01/2011 50,000.00 1.450°k 15,200.00 65,200.00 - 65,200.00 68,460.00 71,687.00 (3,227.00) 02/01/2012 40,000.00 1.650°k 14,475.00 54,475.00 - 54,475.00 57,198.75 63,112.00 (5,913.25) 02/01/2013 40,000.00 1.850°k 13,815.00 53,815.00 - 53,815.00 56,505.75 61,054.00 (4,548.25) 02/01/2014 40,000.00 2.100°k 13,075.00 53,075.00 - 53,075.00 55,728.75 58,996.00 (3,267.25) 02/01/2015 40,000.00 2.300°k 12,235.00 52,235.00 - 52,235.00 54,846.75 56,938.00 (2,091.25) 02/01/2016 35,000.00 2.550°k 11,315.00 46,315.00 - 46,315.00 48,630.75 54,880.00 (6,249.25) 02/01/2017 35,000.00 2.800°k 10,422.50 45,422.50 - 45,422.50 47,693.63 52,822.00 (5,128.38) 02/01/2018 35,000.00 3.000°k 9,442.50 44,442.50 - 44,442.50 46,664.63 50,764.00 (4,099.38) 02/01/2019 35,000.00 3.200°k 8,392.50 43,392.50 - 43,392.50 45,562.13 48,706.00 (3,143.88) 02/01/2020 35,000.00 3.550°k 7,272.50 42,272.50 - 42,272.50 44,386.13 46,648.00 (2,261.88) 02/01/2021 30,000.00 3.750°k 6,030.00 36,030.00 - 36,030.00 37,831.50 44,590.00 (6,758.50) 02/01/2022 30,000.00 3.900°k 4,905.00 34,905.00 - 34,905.00 36,650.25 42,532.00 (5,881.75) 02/01/2023 30,000.00 4.050°k 3,735.00 33,735.00 - 33,735.00 35,421.75 40,474.00 (5,052.25) 02/01/2024 30,000.00 4.100°k 2,520.00 32,520.00 - 32,520.00 34,146.00 38,416.00 (4,270.00) 02/01 /2025 30,000.00 4.300°k 1,290.00 31,290.00 - 31,290.00 32,854.50 36,358.00 (3,503.50) Total $535,000.00 - $146,791.67 $681,791.67 (12,666.67) $669,125.00 $702,581.25 $767,977.00 (65,395.75) Dated ................................................................................................................................. .................................................................. 4/01 /2009 Delivery Date ..................................................................................................................... ...................................................................... 4/01/2009 First Coupon Date .............................................................................................................. ......................................................................... 2/01/2010 Yield Statistics Bond Year Dollars .............................................................................................................. ......................................................................... $4,405.83 Average Life ....................................................................................................................... ..................................................................... 8.235 Years Average Coupon ................................................................................................................ .......................................................................... 3.3317572°k Net Interest Cost (NIC) ...................................................................................................... ........................................................................... 3.4592586°k True Interest Cost (TIC) ..................................................................................................... ........................................................................... 3.4309029°k Bond Yield for Arbitrage Purposes ..................................................................................... ................................................................................ 3.1196988°k All Inclusive Cost (AIC) ...................................................................................................... .......................................................................... 3.5489025°k IRS Form 8038 Net Interest Cost ................................................................................................................ ....................................................................... 3.3317572°k Weighted Average Maturity ................................................................................................ ............................................................................... 8.235 Years ,.., ,.y., „ ~.,,.~, Page 103 0 159 Series 2009A Imp Bands /Carsgrove -SfreetAssess / _ _ _~ i " / 9.$6AM $445,000 City of Maplewood, Minnesota General Obligation Improvement and Refunding Bonds, Series 2009A Castle Ave - GO Improvement DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% Levy 02/01 /2010 - - 11,429.17 11,429.17 12,000.63 02/01/2011 25,000.00 1.450°k 13,715.00 38,715.00 40,650.75 02/01/2012 25,000.00 1.650°k 13,352.50 38,352.50 40,270.13 02/01/2013 25,000.00 1.850°k 12,940.00 37,940.00 39,837.00 02/01/2014 25,000.00 2.100°k 12,477.50 37,477.50 39,351.38 02/01/2015 25,000.00 2.300°k 11,952.50 36,952.50 38,800.13 02/01 /2016 30,000.00 2.550°k 11,377.50 41,377.50 43,446.38 02/01/2017 30,000.00 2.800°k 10,612.50 40,612.50 42,643.13 02/01/2018 30,000.00 3.000°k 9,772.50 39,772.50 41,761.13 02/01/2019 30,000.00 3.200°k 8,872.50 38,872.50 40,816.13 02/01/2020 30,000.00 3.550°k 7,912.50 37,912.50 39,808.13 02/01/2021 30,000.00 3.750°k 6,847.50 36,847.50 38,689.88 02/01/2022 35,000.00 3.900°k 5,722.50 40,722.50 42,758.63 02/01/2023 35,000.00 4.050°k 4,357.50 39,357.50 41,325.38 02/01/2024 35,000.00 4.100°k 2,940.00 37,940.00 39,837.00 02/01/2025 35,000.00 4.300°k 1,505.00 36,505.00 38,330.25 Total $445,000.00 - $145,786.67 $590,786.67 $620,326.00 SIGNIFICANT DATES Dated ............................................................................................................................................ ............................................. 4/01 /2009 Delivery Date ................................................................................................................................ ............................................. 4/01/2009 First Coupon Date ........................................................................................................................ ............................................. 2/01/2010 Yield Statistics Bond Year Dollars ......................................................................................................................... ............................................ $4,165.83 Average Life ................................................................................................................................. ............................................. 9.361 Years Average Coupon ........................................................................................................................... ............................................ 3.4995800°k Net Interest Cost (NIC) ................................................................................................................. ............................................. 3.6117424°k True Interest Cost (TIC) ................................................................................................................ ............................................ 3.5886008°k Bond Yield for Arbitrage Purposes ............................................................................................... ............................................. 3.1196988°k All Inclusive Cost (AIC) ................................................................................................................. ............................................ 3.6948360°k IRS Form 8038 Net Interest Cost ........................................................................................................................... ............................................ 3.4995800°k Weighted Average Maturity .......................................................................................................... ............................................. 9.361 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Series 2009A Imp Bands / Cest7e Ave - GO Impraveme / Z/ Z/2009 / 9:56AM ,.., ,.y., „ ~.,,.~. Page 104 0 159 $260,000 City of Maplewood, Minnesota General Obligation Improvement and Refunding Bonds, Series 2009A Castle Ave -Assessments NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I Capitalized Interest Net New D/S 105% of Total Assessment Levy Required 02/01 /2010 - - 5,160.42 5,160.42 (5,160.42) - - - - 02/01/2011 35,000.00 1.450% 6,192.50 41,192.50 - 41,192.50 43,252.13 43,528.06 (275.93) 02/01/2012 30,000.00 1.650% 5,685.00 35,685.00 - 35,685.00 37,469.25 38,831.32 (1,362.07) 02/01/2013 30,000.00 1.850% 5,190.00 35,190.00 - 35,190.00 36,949.50 37,314.04 (364.54) 02/01/2014 30,000.00 2.100% 4,635.00 34,635.00 - 34,635.00 36,366.75 35,796.76 569.99 02/01/2015 25,000.00 2.300% 4,005.00 29,005.00 - 29,005.00 30,455.25 34,279.48 (3,824.23) 02/01/2016 25,000.00 2.550% 3,430.00 28,430.00 - 28,430.00 29,851.50 32,762.20 (2,910.70) 02/01/2017 25,000.00 2.800% 2,792.50 27,792.50 - 27,792.50 29,182.13 31,244.92 (2,062.80) 02/01/2018 25,000.00 3.000% 2,092.50 27,092.50 - 27,092.50 28,447.13 29,727.64 (1,280.52) 02/01/2019 5,000.00 3.200% 1,342.50 6,342.50 - 6,342.50 6,659.63 9,880.36 (3,220.74) 02/01/2020 5,000.00 3.550% 1,182.50 6,182.50 - 6,182.50 6,491.63 9,462.88 (2,971.26) 02/01/2021 5,000.00 3.750% 1,005.00 6,005.00 - 6,005.00 6,305.25 9,045.40 (2,740.15) 02/01/2022 5,000.00 3.900% 817.50 5,817.50 - 5,817.50 6,108.38 8,627.92 (2,519.55) 02/01/2023 5,000.00 4.050% 622.50 5,622.50 - 5,622.50 5,903.63 8,210.44 (2,306.82) 02/01/2024 5,000.00 4.100% 420.00 5,420.00 - 5,420.00 5,691.00 7,792.96 (2,101.96) 02/01/2025 5,000.00 4.300% 215.00 5,215.00 - 5,215.00 5,475.75 7,375.48 (1,899.73) Total $260,000.00 - $44,787.92 $304,787.92 (5,160.42) $299,627.50 $314,608.88 $343,879.86 (29,270.98) Dated ................................................................................................................................................................................................... 4/01 /2009 Delivery Date ........................................................................................................................................................................................... 4/01/2009 First Coupon Date ....................................................................................................................................................................................... 2/01/2010 Yield Statistics Bond Year Dollars ....................................................................................................................................................................................... $1,591.67 Average Life ............................................................................................................................................................................................ 6.122 Years Average Coupon .......................................................................................................................................................................................... 2.8139007% Net Interest Cost (NIC) ................................................................................................................................................................................. 2.9854191% True Interest Cost (TIC) ................................................................................................................................................................................ 2.9634414% Bond Yield for Arbitrage Purposes ..................................................................................................................................................................... 3.1196988% All Inclusive Cost (AIC) ................................................................................................................................................................................ 3.1135014% IRS Form 8038 Net Interest Cost ....................................................................................................................................................................................... 2.8139007% Weighted Average Maturity ............................................................................................................................................................................... 6.122 Years Packet Page ~~8~ Page 105 0 159 Serses2009A Imp Sands ~ Castle Ave -Assessments ~ 2/2/2009 ~ 9:56AM $1,695,000 City of Maplewood, Minnesota General Obligation Improvement Refunding Bonds, Series 2009 Current Refunding of Series 2001 B Refunding Summary Dated 04/01/2009 I Delivered 04/01/2009 Sources Of Funds Par Amount of Bonds ............................................................................................................................................................ $1,695,000.00 Total Sources ....................................................................................................................................................................... $1,695,000.00 Uses Of Funds Deposit to Current Refunding Fund ....................................................................................................................................... 1,660,250.39 Total Underwriter's Discount (1.050°k) ................................................................................................................................. 17,797.50 Costs of Issuance .................................................................................................................................................................. 13,784.10 Rounding Amount .................................................................................................................................................................. 3,168.01 Total Uses ............................................................................................................................................................................. $1,695,000.00 Flow of Funds Detail State and Local Government Series (BEGS) rates for .......................................................................................................... Date of OMP Candidates ....................................................................................................................................................... Current Refunding Escrow Solution Method ......................................................................................................................... Gross Funded Total Cost of Investments ...................................................................................................................................................... $1,660,250.39 Interest Earnings @ 0.750°k .................................................................................................................................................. 1,519.74 Total Draws ........................................................................................................................................................................... $1,660,250.39 Issues Refunded And Call Dates Series 2001 B ......................................................................................................................................................................... 5/15/2009 PV Analysis Summary (Net to Net) Net PV Cashflow Savings @ 3.120°k(Bond Yield) ........................................................... .................................................... 97,537.43 Contingency or Rounding Amount ..................................................................................... .................................................... 3,168.01 Net Present Value Benefit ................................................................................................. .................................................... $100,705.44 Net PV Benefit / $1,640,000 Refunded Principal ............................................................. ..................................................... 6.141 °k Net PV Benefit / $1,695,000 Refunding Principal ............................................................. .................................................... 5.941 °k Bond Statistics Average Life ...................................................................................................................... .................................................... 4.423 Years Average Coupon ............................................................................................................... ..................................................... 2.2733411 °k Net Interest Cost (NIC) ...................................................................................................... .................................................... 2.5107202°k Bond Yield for Arbitrage Purposes .................................................................................... .................................................... 3.1196988°k True Interest Cost (TIC) .................................................................................................... ..................................................... 2.5168665°k All Inclusive Cost (AIC) ...................................................................................................... .................................................... 2.7167943°k Series 2009E1 Imp Bands /Series 2009 RefOIB / 2/2/2009 / L75 PM " ~' 'f ' ' ~~ Packet Page ~~gk~'~ ' "'~ • '* Page 106 0 159 $3,280,000 City of Maplewood, Minnesota General Obligation Improvement Bonds, Series 2001 B Prior Original Debt Service Date Principal Coupon Interest Total P+I 02/01/2002 - - - - 08/01 /2002 - - 96,963.75 96,963.75 02/01/2003 80,000.00 3.250°k 64,642.50 144,642.50 08/01 /2003 - - 63,342.50 63,342.50 02/01 /2004 255,000.00 3.250°k 63,342.50 318,342.50 08/01 /2004 - - 59,198.75 59,198.75 02/01 /2005 260, 000.00 3.250°k 59,198.75 319,198.75 08/01 /2005 - - 54,973.75 54,973.75 02/01 /2006 260,000.00 3.500°k 54,973.75 314,973.75 08/01 /2006 - - 50,423.75 50,423.75 02/01 /2007 260,000.00 3.750°k 50,423.75 310,423.75 08/01 /2007 - - 45,548.75 45,548.75 02/01 /2008 260,000.00 4.000°k 45,548.75 305,548.75 08/01 /2008 - - 40,348.75 40,348.75 02/01 /2009 265,000.00 4.000°k 40,348.75 305,348.75 08/01 /2009 - - 35,048.75 35,048.75 02/01 /2010 265,000.00 4.000°k 35,048.75 300,048.75 08/01 /2010 - - 29,748.75 29,748.75 02/01 /2011 185,000.00 4.000°k 29,748.75 214,748.75 08/01 /2011 - - 26,048.75 26,048.75 02/01 /2012 190,000.00 4.100°k 26,048.75 216,048.75 08/01 /2012 - - 22,153.75 22,153.75 02/01 /2013 195, 000.00 4.200°k 22,153.75 217,153.75 08/01 /2013 - - 18,058.75 18,058.75 02/01 /2014 200,000.00 4.350°k 18,058.75 218,058.75 08/01 /2014 - - 13,708.75 13,708.75 02/01 /2015 205,000.00 4.450°k 13,708.75 218,708.75 08/01 /2015 - - 9,147.50 9,147.50 02/01 /2016 210, 000.00 4.550°k 9,147.50 219,147.50 08/01 /2016 - - 4, 370.00 4, 370.00 02/01 /2017 190, 000.00 4.600°k 4, 370.00 194, 370.00 Total $3,280,000.00 - $1,105,848.75 $4,385,848.75 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation ................................................................................................................ 4/01/2009 Average Life ............................................................................................................................................................................ 4.227 Years Average Coupon ..................................................................................................................................................................... 4.3984672°k Weighted Average Maturity (Par Basis) .................................................................................................................................. 4.227 Years Refunding Bond Information Refunding Dated Date ............................................................................................................................................................ 4/01/2009 Refunding Delivery Date ......................................................................................................................................................... 4/01/2009 Packet Page ~~gt~ Page 107 0 159 Series 2007E / SINGLEPURPOSE / Z/ Z/2009 / 7:75 PM $3,280,000 City of Maplewood, Minnesota General Obligation Improvement Bonds, Series 2001 B Debt Service To Maturity And To Call Date Refunded Interest to Bonds Call D/S To Call Principal Coupon Interest Refunded D/S 04/01/2009 - - - - - - - 05/15/2009 1,640,000.00 20,250.39 1,660,250.39 - - - - 08/01/2009 - - - - - 35,048.75 35,048.75 02/01/2010 - - - 265,000.00 4.000°k 35,048.75 300,048.75 08/01/2010 - - - - - 29,748.75 29,748.75 02/01/2011 - - - 185,000.00 4.000°k 29,748.75 214,748.75 08/01/2011 - - - - - 26,048.75 26,048.75 02/01/2012 - - - 190,000.00 4.100°k 26,048.75 216,048.75 08/01 /2012 - - - - - 22,153.75 22,153.75 02/01/2013 - - - 195,000.00 4.200°k 22,153.75 217,153.75 08/01/2013 - - - - - 18,058.75 18,058.75 02/01/2014 - - - 200,000.00 4.350°k 18,058.75 218,058.75 08/01/2014 - - - - - 13,708.75 13,708.75 02/01/2015 - - - 205,000.00 4.450°k 13,708.75 218,708.75 08/01 /2015 - - - - - 9,147.50 9,147.50 02/01/2016 - - - 210,000.00 4.550°k 9,147.50 219,147.50 08/01/2016 - - - - - 4,370.00 4,370.00 02/01/2017 - - - 190,000.00 4.600°k 4,370.00 194,370.00 Total $1,640,000.00 $20,250.39 $1,660,250.39 $1,640,000.00 - $316,570.00 $1,956,570.00 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation ........................................................... ..................................................... 4/01/2009 Average Life ....................................................................................................................... ..................................................... 4.227 Years Average Coupon ................................................................................................................ ..................................................... 4.3984672°k Weighted Average Maturity (Par Basis) ............................................................................. ..................................................... 4.227 Years Refunding Bond Information Refunding Dated Date ........................................................................................................ .................................................... 4/01/2009 Refunding Delivery Date .................................................................................................... ..................................................... 4/01/2009 ~ t Packet Page ~t~B~ Page 108 0 159 Series 2007E / SINGLEPURPOSE / 2/2/2009 / L75 PM $1,695,000 City of Maplewood, Minnesota General Obligation Improvement and Refunding Bonds, Series 2009A Current Refunding of Series 2001 B NET DEBT SERVICE SCHEDULE (1) (2) (3) (4) (5) (5) (7) (8) (9) Date Principal Coupon Interest Total P+I Escrow Net New D/S 105% of Total Assessment Levy Required 02/01/2010 205,000.00 1.000% 28,018.75 233,018.75 (1,519.74) 231,499.01 243,073.96 20,781 .00 220,773.22 02/01/2011 200,000.00 1.450% 31,572.50 231,572.50 - 231,572.50 243,151.13 20,781 .00 222,370.13 02/01/2012 205,000.00 1.650% 28,672.50 233,672.50 - 233,672.50 245,356.13 20,781 .00 224,575.13 02/01/2013 210,000.00 1.850% 25,290.00 235,290.00 - 235,290.00 247,054.50 20,781 .00 226,273.50 02/01/2014 210,000.00 2.100% 21,405.00 231,405.00 - 231,405.00 242,975.25 20,781 .00 222,194.25 02/01/2015 215,000.00 2.300% 16,995.00 231,995.00 - 231,995.00 243,594.75 11,318 .00 232,276.75 02/01/2016 220,000.00 2.550% 12,050.00 232,050.00 - 232,050.00 243,652.50 11,318 .00 232,334.50 02/01/2017 230,000.00 2.800% 6,440.00 236,440.00 - 236,440.00 248,262.00 7,593 .00 240,669.00 Total $1,695,000.00 - $170,443.75 $1,865,443.75 (1,519.74) $1,863,924.01 $1,957,120.21 $134,134.00 $1,821,466.47 Dated ........................ Delivery Date ............. First Coupon Date..... Yield Statistics Bond Year Dollars Average Life......... Average Coupon.. Net Interest Cost (NIC) ................... True Interest Cost (TIC) ................. Bond Yield for Arbitrage Purposes. All Inclusive Cost (AIC) ................... IRS Form 8038 Net Interest Cost ................. Weighted Average Maturity Seraes 2009A Imp 6mzds ~ Seraes 2009 Ref0I6 ~ ~ "- -~t'~' ~ 9: b'EANI 4/01 /2009 4/01 /2009 2/01 /2010 ..................................................................................................................... $ 7 , 49 7.50 ................................................................................................................. 4.423 Years ...................................................................................................................... 2.2733411% 2.5107202% 2.5168665% 3.1196988% 2.7167943% 2.5107202% 4.423 Years Packet Page ~~gt~ Page 109 0 159 $1,695,000 City of Maplewood, Minnesota General Obligation Improvement Refunding Bonds, Series 2009 Current Refunding of Series 2001 B Debt Service Comparison Date Total P+I Escrow Net New D/S Old Net D/S Savings 02/01 /2010 233,018.75 (1,519.74) 231,499.01 335,097.50 103,598.49 02/01/2011 231,572.50 - 231,572.50 244,497.50 12,925.00 02/01/2012 233,672.50 - 233,672.50 242,097.50 8,425.00 02/01/2013 235,290.00 - 235,290.00 239,307.50 4,017.50 02/01/2014 231,405.00 - 231,405.00 236,117.50 4,712.50 02/01/2015 231,995.00 - 231,995.00 232,417.50 422.50 02/01/2016 232,050.00 - 232,050.00 228,295.00 (3,755.00) 02/01/2017 236,440.00 - 236,440.00 198,740.00 (37,700.00) Total $1,865,443.75 (1,519.74) $1,863,924.01 $1,956,570.00 $92,645.99 PV Analysis Summary (Net to Net) Net FV Cashflow Savings .......................................................................................................... ................................................ 92,645.99 Gross PV Debt Service Savings ............................................................................................... ................................................. 96,023.43 PV of Escrow Earnings .............................................................................................................. ................................................ 1,514.00 Net PV Cashflow Savings @ 3.120°k(Bond Yield) ................................................................... ................................................ 97,537.43 Contingency or Rounding Amount ............................................................................................ ................................................. 3,168.01 Net Future Value Benefit ........................................................................................................... ................................................. $95,814.00 Net Present Value Benefit ......................................................................................................... ................................................. $100,705.44 Net PV Benefit / $289,491.10 PV Refunded Interest ................................................................ ................................................. 34.787°k Net PV Benefit / $1,732,148.74 PV Refunded Debt Service ..................................................... ................................................ 5.814°k Net PV Benefit / $1,640,000 Refunded Principal ..................................................................... ................................................. 6.141 °k Net PV Benefit / $1,695,000 Refunding Principal ..................................................................... ................................................ 5.941 °k Refunding Bond Information Refunding Dated Date ............................................................................................................... ................................................ 4/01/2009 Refunding Delivery Date ........................................................................................................... ................................................. 4/01/2009 Series 2009E1 Imp Bands /Series 2009 Ref 07B / Z/ 2/2009 / 7:75 PM ~+~ ~+y~- r vow Page 110 0 159 Agenda M 1 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: February 2, 2009 SUBJECT: Temporary Gambling Permit Resolution and Waive Permit Fees for Carver Elementary School Introduction An application has been submitted for a temporary gambling permit by Christine Kass on behalf of Carver Elementary School, 2680 Upper Afton Road. This is for a raffle to be held as part of their annual school carnival event. The event will be held on Saturday, April 4, 2009 from 10:00 a.m. to 2:00 p.m. As part of the fundraiser, cone-time event permit for $225.00 and a temporary food sales permit for $55.00 have also been applied for. The organizer of the event is requesting the fees for these permits be waived. In order for the State of Minnesota to issue a temporary gambling permit, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Carver Elementary School, 2680 Upper Afton Road, 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. Recommendation It is recommended that the Council approve the above resolution for a temporary gambling permit. It is further recommended that the Council approve the fees be waived for cone-time event permit $225.00 and for a temporary food sales permit $55.00. Packet Page Number Page 111 of 159 Agenda M2 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: February 2, 2009 SUBJECT: Temporary Gambling Permit Resolution for White Bear Fast Pitch Introduction An application has been submitted for a temporary gambling permit by Todd Meier on behalf of White Bear Fast Pitch, 4854 Stewart Avenue, White Bear Lake. The permit is to sell tip boards and play bingo with the proceeds benefiting the Girls Traveling Fast Pitch Softball. The event will be held at Guldens, 2999 Maplewood Drive North on Saturday, April 4, 2009 from 3:30 p.m. to 10:00 p.m. In order for the State of Minnesota to issue a temporary gambling permit, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for White Bear Fast Pitch, 4854 Stewart Avenue, White Bear Lake. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that the Council approve the above resolution for a temporary gambling permit for White Bear Fast Pitch. Packet Page Number Page 112 of 159 Agenda M3 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: February 2, 2009 SUBJECT: Temporary Liquor Permit -Church of the Presentation of the Blessed Virgin Mary Introduction An application has been submitted for a temporary liquor license by Stephen Blessing on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. This is for their annual Cana Evening -Marriage Enrichment event. The event will be held on Saturday, February 14, 2009 from 5:00 p.m. to Midnight. Recommendation It is recommended that the Council approve the request for a Temporary Liquor Permit for the Church of the Presentation of the Blessed Virgin Mary on the date and time specified above. Packet Page Number Page 113 of 159 Agenda M4 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: February 2, 2009 SUBJECT: Temporary Gambling Permit Resolution for Church of St. Pascal Baylon Introduction An application has been submitted for a temporary gambling permit by Judy Whitacre on behalf of the Church of St. Pascal Baylon, 1757 Conway Street, St. Paul. The permit is for a raffle with the proceeds benefiting the Church of St. Pascal Baylon. The event will be held at the Maplewood Community Center on Thursday, April 30, 2009 from 5:00 p.m. to 10:00 p.m. In order for the State of Minnesota to issue a temporary gambling permit, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of St. Pascal Baylon, 1757 Conway Street, St. Paul, MN 55106. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that the Council approve the above resolution for a temporary gambling permit for the Church of St. Pascal Baylon. Packet Page Number Page 114 of 159 Agenda Item M5 AGENDA REPORT To: Chuck Ahl, Acting City Manager From: DuWayne Konewko, Director Community Development and Parks Ann Hutchinson, Lead Naturalist Re: Consider Approval of Acceptance of Donation to Maplewood Nature Center Date: 2/3/2009 Introduction Maplewood Nature Center has received a donation from volunteer Leila Allison and City Council approval is required before this donation can be accepted. Background The Maplewood Nature Center has received a $300 donation from Leila Allison to be used toward Maplewood Nature Center programs and exhibits. In 2008, as part of the Maplewood Nature Center Yard Improvements, two rows of brick pavers were installed to create a decorative border of the children's play area. Maplewood Nature Center has created a donations program where people may "purchase" a paver for a set amount of dollars, and choose to have several lines of commemorative text engraved on the brick. The cost of the engraving is approximately $25 per brick. Leila chose to commemorate her husband, Stan Allison, by purchasing one brick paver. Stan was a dedicated and enthusiastic supporter of the nature center's programs. He especially enjoyed teaching young children about nature. He sadly passed away last year. Recommendation It is recommended that City Council approve the attached resolution accepting the $300 donation from Leila Allison and that the necessary budget adjustments be made so the funds can be used for Nature Center programs and exhibits. Packet Page Number Page 115 of 159 RESOLUTION ACCEPTANCE OF DONATION WHEREAS the Maplewood Nature Center has received a $300 donation from Leila Allison to be used toward Maplewood Nature Center programs and exhibits. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Community Development and Parks Department to accept this $300 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on SIGNED: (Signature) Mayor (Date) WITNESSED: (Signature) City Clerk (Date) Packet Page Number Page 116 of 159 Memorandum To: Chuck Ahl, Acting City Manager Agenda Item M6 From: Oakley Biesanz, Maplewood Nature Center Naturalist/Volunteer Coordinator Re: Review volunteer service contributions for environmental projects in 2008 Date: 1/29/09 Background Maplewood Nature Center has a strong volunteer program. As the Nature Center's mission has expanded to include the Neighborhood Preserves and other city environmental programs, its volunteer program has expanded to support those activities. In 2008, volunteers contributed 2,450 hours of their time for environmental projects for the City of Maplewood. Discussion Volunteer individuals and groups generously contributed a total of 2,450 hours of their time for environmental projects in 2008 for the City of Maplewood via the Maplewood Nature Center volunteer program and other environmental projects. This is a contribution of 1.2 full-time-equivalent positions. • Individual Volunteers are those who have filled out applications with the Nature Center, had background checks, and been interviewed and trained. These volunteer contributions reached over 1,000 hours. Individual volunteers helped implement Nature Center environmental education programs and exhibits, monitor the Neighborhood Preserves, completed restoration prof ects, & much more. • Service Groups such as Century College biology classes, scout groups, and elementary school classes contributed another 1,000 hours of service. Of these hours, 239 were spent planting rainwater gardens, 309 hours were spent on City Hall Campus planting trees, woodland and prairie plants, and the remaining hours were spent at the Nature Center, Neighborhood Preserves, Parks and other city properties on restoration, trail maintenance, and other projects. • `Adopt a Park for Clean-up' event was an especially successful program offered in the Spring by the Nature Center that brought in an estimated 130 people to pickup litter at 14 different Maplewood Parks and open space sites for a total of 230 volunteer hours. • Public Programs contributed 170 hours of volunteer service. These classes were designed by Maplewood Nature Center naturalists to streamline volunteer coordination and funnel a wide range of people (from the general public to Master Naturalist Volunteers) into volunteer prof ects. Examples of classes for adults included: Wildflower Seed Collecting and Buckthorn Removal. Not included in these numbers, but to whom recognition is also due, are groups that have donated countless hours of their time on city environmental issues: Commissions, University of Minnesota students working on Sustainable Maplewood 2050, Metro Bow Hunters Resources Base, Open Space Technical Advisory Panel, and Park Trails & Open Space Task Force. Recommendation No council action is required. Packet Page Number Page 117 of 159 AGENDA NO: M-7 AGENDA REPORT TO: Acting City Manager FROM: Finance Director RE: AUTHORIZATION TO DISPOSE OF OLD FINANCIAL RECORDS DATE: February 3, 2009 Annually the City disposes of financial records that have passed their legally required retention period. However, before the records can be destroyed, the City is required bylaw to submit the attached resolution and application for approval to the State. It is recommended that the attached resolution be adopted so that the appropriate financial records can be destroyed. Packet Page Number Page 118 of 159 RESOLUTION WHEREAS, M.S.A. 138.17 governs the destruction of city records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; That the Finance and Director is hereby directed to apply to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Director is hereby authorized and directed to destroy the records listed. Packet Page Number Page 119 of 159 i~~ <: "i l~J MINNESOTA HISTORICAL SOCIETY STATE ARCHIVES DEPARTMENT Foa vs-~: By ar:coans rnh-~:t, APPLICATIOi~' I<Oli ALITIIORI"l'Y Ap;tlication No. Date l~lft27`2698 TO DISP05F OF RL'.CORDS D ~` ~~n3 ~~ /~f~l~ ~ instructions: I. This form does not provide continuous authority to dispose of similar records and cannot be used to approve a records retention schedule. 2. Complete original and three copies. Photocopies are acceptable. 3. Complete items 1 through 5 acid item 8. Use reverse side to continue records description. If [Wore space is needed, use plain paper. 4. Send original and two copies to the State Archives Department, 34S Kellogg l3oulevard West, St. Paul, MN 55102-1906. 5. Retain one copy until your approved copy is returned. The approved copy will be your authority to dispose of records. It should be retained permanently. 6. Additional copies of this form are available from the address above or by telephoning (65 ] } 259-3260. (FAX: (651) 296-99b i ). NO'i E: Laws of (971, Chapter 514, Section 3 reads as follows: "li is ine policy of the legislature that the disposal artd prtisor-ratien of public records be controlled exclusively by Minnesota Statutes, Chapter 138 and by this act, thus, no prior, special or general statute shall be construed to authorize or prevent fhe disposal of public records at a time or in a manner different than prescribed by such chapter or by this act and no general or special statute enacted subsequent to tl~is act shall be construed to authorize or prevent the disposal of public records at a time or in a manner different titan prescribed in chapter 138 or in this act unless it expressly exempts such records frotu the provision of such cl>apter and this act by specific reference to this section.91 k. Agency or 01~ftce 2. Division or Secaian 3. Quantity aFttecords 36.08 Cubic feet Ci#y of Maplewood Finance Department 4 Location a1'Records Maplewood Public Works Building 6. l certi€'y that the records listed on this application arc accurately described, and t they have no further administrativ , legak, or fiscal value for this agency. ~~ - - Authorized Signature (Type Wan}e below) Robert Mittet Name Finance Director "title 5. Laws other than lv[.5. 138.17 Utat relate to the destruction or sa[etteeputg of the records: None to our knowledge All"f IIORI'LA"I'10N: Under the autEtority of Iv[.S. 138.17, it is hereby ordered that The records lisle ott Cltis a pkic~t n be destroyed, except as shown in item 7. trectc~r, Dltinnesota t listorical Society Date Date Legislative 651-249-2902 Phone Atlarrtcy ' Date 7. Esecptions to Destrnetion. (I=ar use by Records [7ispasitiun Panel). 8. llescription of Records. Describe each record series or type of record separately. Nuctrbcr each series, beginning with " I ". A. item No. B. Nance nfrecord, font[ numbers, content, usage, arrangement, original C. htcltisive Dates duplicate, or microhkmed. FINANCIAL RECORDS (6-year retention) Cash Treasurer Report Original 2001 A/P Check Register Original 2001 Bank StatementslBank roconciliation Original 2001 Deposit Slips Original 2001 Cancelled A/P checks Original 2flfl1 Receipts Original 2fl01 Journal Entry Books Original 2001 Budget Changes Documentation Original 2001 Packet Page Number Page 120 of 159 A. ttetn No. B. Nantc of record, form numbers, con€ent, usage, arrangement, ori~,irtal C. Inclusive Dales duplicate, or microfilmed. 1 cont. FINANCIAL RECORDS (6-year retention), Continued Charitable Gambling Original 2001 ACH & Wire Transfers Original 1999-2401 Credit card slips & statements {MCC) Original 2001 2 FINANCIAL RECORDS (10-year retention) Invoice RegisterslJournals Original 1997 Paid invoices & Claim Vouchers Original 1987 Record copy of CIP Document Original 1997 3 PAYROLL RECORDS (&-year reteniion} P1R Leave Hours Report Original 2001 Time Sheets Original 2001 PIR Check Register Original 2001 Cancelled PIR Checks Original 2401 Quarterly PIR Reports Original 2041 Garnishments Original 2401 PIR Deductions - UW, W-2, W-4 Forms Original 24D1 Pay Rate Documentation Original 2041 Health Insurance Books Original 2001 Accident reports Original 2001 1489 Information Original 2041 4 PAYROLL RECORDS (10-year retention} Payroll reports {qtly, State W/H, Federal, and FICA Original 1997 PRl (6197) Packet Page Number Page 121 of 159 Agenda Item M8 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Acting Public Works Director Bill Priefer, Public Works Operations Analyst SUBJECT: County Road D (McKnight Road to Bellaire Avenue); Bellaire Avenue (Lydia Avenue to Woodlynn Avenue), Resolution Approving Municipal State Aid Designation DATE: January 26, 2009 INTRODUCTION We have requested and received permission from the Minnesota Department of Transportation to add County Road D from McKnight Road to Bellaire Avenue, and Bellaire Avenue from Lydia Avenue to Woodlynn Avenue, to our Municipal State Aid Street system pending city council approval. BACKGROUND County Road D from McKnight Road east to Bellaire Avenue, then southerly on Bellaire from Woodlynn Avenue to Lydia Avenue has been in need of major repair for many years. Reconstruction of this road segment was originally considered as part of the 2002 County Road D improvement project west of McKnight Road. However, funding limitations and jurisdictional issues delayed the reconstruction planning. The jurisdictional issues have since been resolved with the Minnesota Department of Transportation, as they have determined that the north half of County Road D is not within the Mn/DOT right of way for Interstate 694 nor in the City of White Bear Lake as previously thought, but is fully within Maplewood's boundary. Designating this roadway as a Municipal State Aid Street will make gas tax funds available for financing the reconstruction of this segment of roadway for which council authorized the preparation of a feasibility study for Project 08-20 at the January 12, 2009 council meeting. The Municipal State Aid Street program was established to distribute gas tax monies to cities based upon the improvement needs of their state aid system. The city is allowed to designate up to 20 percent of the city's street mileage as eligible to receive gas tax funding. Maplewood has mileage available for this designation and the addition of the requested roadway will increase the available funding to the city. RECOMMENDATION It is recommended that the city council approve the attached resolution requesting the approval and designation of County Road D from McKnight Road to Bellaire Avenue, and Bellaire Avenue from Lydia Avenue to Woodlynn Avenue, as part of Maplewood's Municipal State Aid Street system by the Commissioner of Transportation of the State of Minnesota. Attachments: 1. Resolution Establishing Municipal State Aid Highways 2. Location Map Packet Page Number Page 122 of 159 Agenda Item M8 Attachment 1 RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter described meet all necessary criteria and thus should be designated as Municipal State Aid streets under the provision of Minnesota law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the roads described as follows, to-wit: Extension of MSAS 121 County Road D -McKnight Road to Bellaire Avenue at Woodlynn Avenue (0.53 existing miles) Extension of MSAS 126 Bellaire Avenue- Lydia Avenue to Woodlynn Avenue (0.15 existing miles) be, and hereby is established, located, and designated a Municipal State Aid street of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the city clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, the same be constructed, improved, and maintained as Municipal State Aid streets in the City of Maplewood. Approved this 9th day of February 2009 Packet Page Number Page 123 of 159 Agenda Item M8 Attachment 2 E 1. N. BARTELMY LN. 68 2. N. CHIPPEWA CT. 3. BRENWOOD CV. ',694 0 z c~ z E. ~ VE. ~~ ~. APLE COUNTY ROAD D ~~ AVE. ~ BRENNER AVE ~ . ~ Q F` ~ 2. ~ 1 ~ J ~w ~ ~ . ~ ~m LYD IA ~, GALL o C~ ~ w c~ 0 3 ~O z ~O ~ Q o Q ~ ~ o g . Playcrest Park STANDRIDGE AVE. Q ..._ n ~ PROPOSED 2009 STREET IMPROVEMENTS ~j~ e~ z AVE. ~ ~ ~ ~ ~ ~P~ '~y m n~ NO SCALE WOODL ~ W ~ ~ Q 10 70 J m ~ Municipal State Aid Street Designation County Road D - Mcknight Road to Bellaire Avenue packet Page Number Bellaire Avenue -Lydia Avenue to Woodlynn Avenue Page 124 of 159 I I Agenda Item M9 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Acting Public Works Director SUBJECT: Consider Approval of 2009 Gas and Diesel Fuel Contracts DATE: February 2, 2009 INTRODUCTION The council will consider approving the 2009 gas and diesel fuel contracts with Yocum Oil. Background Staff has worked closely over the past weeks with fuel providers to explore locking in gas and diesel prices for 2009 similar to other metro cities. In order to qualify for locking in prices a large supply contract is typically required. The city partnered with other entities to meet the volume requirements of 42,000 gallons per month required by Yocum Oil. The City of Maplewood only accounts for a small portion of the overall group. Copies of both contracts were reviewed by the City Attorney and are attached to this report. As part of the contract, Yocum Oil requires an upfront escrow payment of 30 cents per gallon equating to $8,100 for diesel and $17,400 for gas. The escrows would be returned incrementally each month until the city is fully refunded by the end of the contract period. BUDGET The City typically uses 35,000 gallons of diesel per year. The City locked in diesel base pricing with Yocum at $2.04/gallon. The 2009 budget allocated diesel at $3.25/gallon. In the contract with Yocum, 3,000 gallons will be delivered each month beginning in April and ending in December so the City will see a savings of about $25,650 during the 9 month contract period (includes adjustment for taxes). And from January through March the City will purchase diesel at the rack price which may average at about $2.00/gallon (including tax) for an expected savings of $11,250. Thus the total savings to the City for diesel in 2009 could be $36,900. For gas, the City typically uses 70,000 gallons of gas per year. Abase price of $1.60/gallon is locked in over a 10 month contract period for 5,800 gallons per month. The 2009 budget allocated gas at $3.44/gallon. With this pricing from Yocum Oil over 10 months the City would see a savings of $91,760 (includes adjustment for taxes). And purchasing at the rack price during January and February, assuming an average of $1.65/gallon (including taxes), there will be a savings of $20,760. Thus a total savings for gas is estimated at $112,520. With both gas and diesel considered, the total estimated cost savings in 2009 is roughly $150,000. The council cut $50,000 from the original fuel budget, so comparing against the 2009 final budget there would be an additional $100,000 in savings. The only variable is the rack price purchases before the contracts become active. RECOMMENDATION It is recommended that the council approve the 2009 gas and diesel fuel contracts with Yocum Oil. Attachments: 1. Yocum Oil - 2009 Gas Contract (March-December) 2. Yocum Oil - 2009 Diesel Contract (April-December) Packet Page Number Page 125 of 159 ti~#~.' ~:~~, /' ~,~ ! ~ t ~ /~ ~ 1 ~~ ~~ ' ~, • Agenda Item M9 Attachment ~F ~~~ M •} ~~ ~` ~~!~'~ , I 1r! .'~- , J, •~ ~R ~~~ ~• ~ ~ . • • ~~~ w~ ~' • - ~ ~ ~ 4 ~. ~ ~~ ~ •~ '1'"~ I ~~ ~~ ~~ -~"'~~ • .. 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P,: ,:.:I Y"1 ,`.IIf r !_'li• +� ~ ; ~~ r :. ~~ ~~~ ~~ ,; E~ ,' r+ ~1 ~ r~ ~ ,, ~ ~~ t~ ~~ ~ , wl ~~ '' {~~- ..~...~ ~,,~ ~'~. III ~ ..,. . ~{. ~ ~• ~ - 1~ _ - f I ~~ w .. - r~ . ~ ~~~ ~ 1 ._. . '~~'rr r ~h~ .~1 ~,,~. I ~,-;- , I~T~.~ .~ . ~ .,, ~~ ~~ T ~ ~f , 6 ~ ~ ~~~ ~ r 1I ~' r 1! `~ ~`~ ~ + f -mss r~~ Packet Page Number Page 131 of 159 Agenda Item M10 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Acting Public Works Director Steven Love, Civil Engineer II SUBJECT: Beam Avenue Improvements, Project 07-26, Resolution Approving Final Payment and Acceptance of Project DATE: January 30, 2009 INTRODUCTION The city council will consider approving the attached resolution for acceptance of the project and for final payment to the contractor. BACKGROUND The construction of Beam Avenue, including the bituminous road, concrete walk, sanitary sewer and water utilities, was completed in early November of 2009. Final completion included the placing of the final wear course and topsoiling/sodding the disturbed areas. The contractor, T.A. Schifsky and Sons, has fulfilled their contract obligations. The public improvements for Beam Avenue were ordered by the city council on March 10, 2008. T.A. Schifsky and Sons were awarded the contract by the city council on June 9, 2008. The project area is illustrated on the attached project location map and generally consists of Beam Avenue between White Bear and Bellaire Avenues. This segment is approximately 1 mile in length. The section of Beam Avenue east of McKnight Road and south of the centerline is within the City of North Saint Paul. Construction began in early July of 2008 and was completed in early November of 2009. The new roadway includes a bituminous surface along with concrete curb and gutter. The newly constructed Beam Avenue lying west of McKinght is 38 feet wide, measured from face of curb to face of curb, and includes parking on both sides of the street along with traffic calming measures at the intersection of cross streets. The newly constructed Beam Avenue lying east of McKinght is 32 feet wide, measured from face of curb to face of curb, and includes parking only along the north side of Beam Avenue. Concrete sidewalk was extended from McKnight Road to approximately 450 feet east of White Bear Avenue along the north side of Beam Avenue. A temporary bituminous path was constructed along the north side of Beam Avenue from White Bear Avenue to the newly constructed sidewalk (approximately 450 feet east of White Bear Avenue). The newly constructed sidewalk and temporary bituminous path connects the existing sidewalk on the north side of Beam Avenue, east of McKnight Road, with Maplewood Heights Park as well as sidewalk along White Bear Avenue providing pedestrians with a safe place to walk. The temporary bituminous path will be upgraded as part of the White Bear Avenue improvements likely to start in 2010. The construction of new storm sewer structures and piping, along with repairs to the existing structures has been completed. Improvement to the quality of storm water runoff from the project area has been provided Packet Page Number Page 132 of 159 Agenda Item M10 by the construction of residential rainwater gardens and a large regional rainwater garden located at Maplewood Heights Park as part of the public improvements. Repairs to the sanitary sewer system, as identified through televising of the mainline and services have been completed. The approximately 3,500 feet of watermain, between Frederick and 2nd Street, has been replaced as part of this project. The watermain in this portion of Beam Avenue is owned and operated by the City of North Saint Paul. Ajoint-powers agreement previously approved by council allowed Maplewood and North Saint Paul to work together to replace the water main and build the new road. Maplewood recently invoiced North Saint Paul for their share of the work. There was one change order for the project. Change Order 1 was an increase in the construction contract amount due to 33 water services that were replaced at the request of the City of North Saint Paul. The City of North Saint Paul has been billed for the full amount for Change Order 1. BUDGET The approved contract amount, including Change Order 1, is $1,596,191.58. The final construction cost is $1,501,199.31. The final construction cost is $94,992.27 below the approved contract amount, which translates into a project savings. Also it is likely there will be a significant savings to the overall project as current expenditures are just under $2 million. The following is the approved budget: Sources Approved Budget Special Assessments $ 372,400 Sanitary Sewer Fund $ 117,000 Driveway Program $ 30,000 M.S.A. Bonds $1,281,250 N. St. Paul W.A.C. Fund $ 34,500 City of North Saint Paul $ 677,168 TOTAL $2,512,318 Once all project transactions are complete, staff will return to council with a final financing plan and request to close the project. RECOMMENDATION It is recommended that the city council approve the attached resolution for the Beam Avenue Improvements, City Project 07-26: Approving Final Payment and Acceptance of Project. Attachments: 1. Resolution 2. Location Map 3. Engineer's Recommendation for Final Acceptance 4. IC134, Contractor's Withholding Affidavits Packet Page Number Page 133 of 159 Agenda Item M10 Attachment 1 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the City of Maplewood has determined that the Beam Avenue Improvements, City Project 07-26, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 07-26 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $1,501,199.31. Final payment to T.A. Schifsky and Sons and the release of any retainage or escrow is hereby authorized. Approved this 9t" day of February 2009 Packet Page Number Page 134 of 159 Agenda Item M10 Attachment 2 ~ WHITE BEAR OAK E 1 . N. BARTELMY LN. II 68 2. N. CHIPPEWA CT. 3. BRENWOOD CV. i~ ~~ JNTY ROAD ~ z ~ D 65 ~ GALL AVE. U WOODLYNN AVE. ~ z 3 0~0 BRENNER AVE. ~ ~ o o Q ~ ~ ~ w ~ ~ ~ z ~ ~ n ~ 2. ~~ ~~~Q LYDIA Q ~ ~ ~ ~ o AVE. % o ~ ~ ~ 1 ~ ~ ~' ~' ° Y m ~ ~ 19 ~Pe~ 19 0 ~ w s c~i> > z w ~ Playcrest AVE. Q ~ m ~~ Q Park ~ ~P~ ~ ~ cn ~ P~ CT STANDRIDGE ~ ~ `'~ ~ (n ~ ~ J w z MAPLE LN. ~QQ ~ ~P`~ '~y z ~ Maplewood ~ ,Heights ~ C~'p m Z-C~7 ~E~ BEAM Park ~ ~ AVE. v o ^ 19 RADATZ MESABI RAMSEY COUNTY ~ COURT ~ ~ c Y KOHLMAN a AVE. ~ Q ~ ~ ~~~ IILL RD. II 65 AVE. 1 1 th ~P no scale WOODL w ~ w Q ~ ~ m ~ C ~~ J m W ~ Y ~ MAPLE VIEW AVE. 68 ]~ Q/ w ~ 0 Q AVE. w o ~ AVE. ~ ~~ w N 0 RTH ST. PAU L j Casey ,. Lake 23 J W ~' Q AVE ~'_ Beam Avenue Street Improvements City Project 07-26 Packet Page r Page 135 f ~b r 1 9 Agenda Item M10 Attachment 3 ®®~ Kimley-Horn ® and Associates, Inc. January 30, 2009 Mr. Steven W. Love P.E., P.L.S. City Engineer II City of Maplewood 1402 East County Road B Maplewood, MN 55109 Re: Engineer's Recommendation for Final Acceptance Beam Avenue Improvements City Project 07-26 Dear Mr. Love: I have viewed the work under contract for the Beam Avenue Improvements City Project No. 07-26 and find that the same has been fully completed in all respects according to the contract (as subsequently modified by the Council}. I therefore recommend that the final payment be made from the fund for the improvements to T.A. Schifsky & Sons for the balance of the contract as follows: Contract Price $1,549,872.78 Change Order No. 1 $ 46,318.80 Contract Amount to Date $1,596,191.5$ Final Amount for Work Completed $1,501,199.31 Less Previous Payments $1,447,710.40 Total Due for Final Payment $ 53,488.91 Please call me if you have any questions or you need any additional information. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. G%%~~ /~ Chadd B. Larson, P.E. Project Engineer ^ TEl 651 645 4197 FAX 651 645 5116 ^ Suite 345N 2550 University Avenue West St. Paul, Minnesota 55114 Packet Page Number Page 136 of 159 Page 1 of 1 Agenda Item M10 ~~~i 1 ,'h~ ~:f>.,f._A < ~~41~ ~FF'~~~ i. l ~ Attachment 4 trcr' ~t~~lir~ ff~~v~~ onfirmatac~n T A SCHI[°SKY & SCtNS INC ID 86~$67'I Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment. Confirmation number 241628 Wed Jan 28 12:33:35 CST 2009 Project owner CITY OF MAPLEWOOD Project number 08-046 Project begin date May 2008 Project end date November 2008 Project location BEAM AVENUE aubcontractors C W HOULE ING 8575384 234449 LINO LAKES LANDSGAPING 9475971 226229 CARSON CONTRACTING INC 2207917 236693 HIGHWAY TECHNOLOGIES INC 5194523 237848 LANDMARK CONCRETE INC 2$33839 ?_41577 Packet Page Number https://www.mndor.state.mn.us/wc/action/confirmationPrint Page 13j,t5~9,l~009 Jan 28 09 01:09p Landmark Conc 7634340315 p,l Page 1 of 1 Agenda Item M10 Attachment 4 h't I ~ N E Std-tT.'~ • RE't/ i~t`~ ~l E Contractor's llltithha[diny Affidavit Can#irmation LAhiDCviARK CONCRETE INC ID 283389 i''lease keep this infonr,2C:on for pour records. SuL~Tiit a copy t~f i(li9 page to the .usiness th8t Rued y~au to receive your rnHl payment ConfirmatPOn number 2415?7 ^12d Jan 28 ; i:ia 0 CST 2009 Project corner CiTr C~ P.LAP'_E!^JgOD Project number ~npg Project begin date ,i~;iy Zqq~ Project end dates Gc:olser 200E Project location 3G.RM RVENUE MAP(_EVYCCC? (:5~3 Subcontractors Nu subontrac:ers iis?2d. hops:/(w~~~~.mtador.state.mn.us/wc/action/confirmationPrint p 1/~8/~ppy Packet Page Number Page 138 of 159 Julie J ;•1~~~l~~~~~T~~~~ ~~~E~U4: Agenda Item M10 Attachment 4 ~c~ntractar's ~/ithholclirtg Affidavit Car~rfirmatlan [~ F'rintFr-friendl~~~tirer-si~~n °alCF{~"~laY "~~~: ~~~oLs:~(;iE3 P~dC `~ z19~523 I .~..CSiYi yGi~( i": t~;diai~ ~{ ~ ~`. ~~~.{_` E~'s ~;lT~Y ~~ . psi 'I [. +„~ 7 fi"" if ~"~ rk.:..+,,:;F~J,; P~F ~. ,.~;N:~i~u) >~ i hops://www.condor.state.mn.us/wc/action/process Packet Page Ntu~~~09 Page 139 of 159 FPDM LAR~UI'J CDNTF~ACTII~iG PHCIl~lE 1'aD. ?t~t14'D L~rC:. 22 ~t=j[=~~ ~1:?:~_'SPh1 P4 T'age l crf l Agenda Item M10 Attachment 4 A~tINN~~C~+TA~ ~E~~~U~ P~iinnesot~ Revinue Home ~ Contact l1s ~ ffelp ontr~~tor's VVi~~hc~lding ~i~idavi~ ~>anfirmatlCil tI~R~C)N cC7NTf~ACTIt~G INCtOF~p iD 2207917 Pleaso keep this in#orrnation #ar your retards. To pant or save this page, use your browser's print ar save function. Da nat use your browser's hack button. ~ubn~ik a copy of this page tq the project awner to receiua your final payment. Cdnfirrnation number 23668 Mon Dec 22 ~i2:2a:51 GaT 2b08 F~rdjsct owner ciTY OF MAI~LEWQ©D PrajeGt number 6-08 l~rajeGt begin d~4e Junk 2008 Pre~jec# end date September 2008 P'rajc~c# [ocakion BEAM AVM SubCOntr~ct4rs Nq subcontractors Listed, ,, ~~ ~i,~r>@gDtc~ ~Upol~ment Gi r'2YVC'r,Gtu? f Site privr-,C:V .', security i U:.e of ir,fprmation Packet Page Number Page 140 of 159 Nov 04 08 11:50a p.3 Fage 1 of 1 Agenda Item M10 Attachment 4 ~`~1 I I~ ~I ~ ~~T~ • R~~~. Cv tJ E Minnesota Revenue Home. ~ Confact Us ~ Help Contractar's ~fithhca(~ing ~~ficfavit Cortfirmatior} ~! Prin~Pr_frien~'_rF,tS,'Yt~,inri LINO !_AKES L.ANDSCAPlNG (NC ID 9475979 Please heap this information for your records. To print or save this page, use ;tour bro4vser's print or save function. C~o nct use your brov~~ser's back button Subn,,it a copy of this pace ~o tr.2 business :hat hire~f you tc recei~,fe your f nal payment, Confirmation number 228229 Tue Nov 04 12:01:59 CST 2008 Project owner CITY OF PnAPLE~~~COG Project number G P 07-26 Project begin date ~1,~.:c..st 208 Project end date Oc~ober 2CG8 Project location BEAP~~i AVENUE i~~9PROVEP11E1~lTS `,[~! "J1AP` E'v~JOOD ~.11NNESOTA Subcontractors Nc subcontractors IisterJ. fvlinn2so±a Department o€ Revenge ~ Si:e prig+~cy ~: security Packet Page Number Page 141 of 159 12f11f2~E~5 13:21 5514545595 CI~J HnULE Ih~lC PHGE ~2 ~'~~~ 1 ~F j ~ontr~~t~r'~ 1~l~~hh~lding Af~~d~vi# Confatm~tion C 1ltl H~l1t.G ENS ID $5753$4 Rlease keep this information far your records, Submit a copy cf this page to the lousiness that hired you to receive your final pay~~ent. ~onfirm~tion numE~er Project or~vn€r Project number Project begin date Project enc3 date Project looatidrti SubCOntract4rs 234449 Thu Dec 11 13:13:37 CST 2908 CITY OF MAPt.~WOOD BEAM AVE IM~'P August 2008 November 2008 BEAM AVr; MAPLEIl1/t~t9q, IViN No subcontractors listed, hops://ww~v.inr~~lp~.state.narl..us/we/act~.ox.~/coz.~fa.t~z~at~o7i. ~~~.y~t Agenda Item M10 Attachment 4 Packet Page Number Page 1421 ~f/~ ~~2008 AGENDA NO. M-11 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: February 9, 2009 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: $ 459,962.22 Checks # 77540 thru # 77583 dated 01/21/09 thru 01/27/09 $ 218,526.28 Disbursements via debits to checking account dated 01/16/09 thru 01/23/09 $ 403,873.35 Checks # 77584 thru # 77629 dated 01/29/09 thru 02/03/09 $ 462,174.94 Disbursements via debits to checking account dated 01/23/09 thru 01/30/09 $ 1,544,536.79 Total Accounts Payable PAYROLL $ 738,890.75 Payroll Checks and Direct Deposits dated 01/23/09 $ 292,777.84 Payroll Deduction check # 1006765 thru # 1006736 dated 1/23/2009 $ 1,031,668.59 Total Payroll $ 2,576,205.38 GRAND TOTAL 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. kf attachments Packet Page Number Page 143 of 159 01 /23/2009 Check 77540 77541 77542 77543 77544 77545 77546 77547 77548 77549 77550 77551 77552 77553 77554 77555 77556 77557 77558 77559 77560 77561 77562 77563 77564 77565 77566 77567 77568 77569 77570 77571 77572 77573 77574 77575 77576 77577 77578 77579 77580 77581 77582 77583 Check Check Register City of Maplewood Date 01 /21 /2009 01 /21 /2009 01 /22/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 01 /27/2009 Vendor 01125 01699 01798 01973 03576 00111 00174 01811 04213 00451 00003 00485 04216 04216 04218 04218 04214 00839 00857 00932 04215 02823 00985 03583 04148 03838 01124 01175 01192 00001 00001 00001 04217 04217 04217 01240 00396 01326 01359 03879 04043 04043 04043 03398 01836 01836 01836 04207 03843 02464 04179 02242 NCITE UNIVERSITY OF MINNESOTA YOCUM OIL CO. ERICKSON OIL PRODUCTS INC EUREKA RECYCLING ANIMAL CONTROL SERVICES INC STAN BELDE BERNATELLO'S PIZZA INC COMMUNITY LIVING PARTNERSHIPS EGAN COMPANIES INC ESCROW REFUND FBINAA NORTHWEST CHAPTER GMRI INC -LICENSING GMRI INC -LICENSING GMRI INC -LICENSING GMRI INC -LICENSING ARNOLD KAISER LAMETTI & SONS INC LEAGUE OF MINNESOTA CITIES MAPLEWOOD BAKERY MAPLEWOOD JAKES INC JERROLD MARTIN METROPOLITAN COUNCIL METROPOLITAN MECH CONTRACTORS MINNESOTA REVENUE MN FIAM BOOK SALES NATL ASSN OF TOWN WATCH - NATW CITY OF NORTH ST PAUL NORTHERN WATER WORKS SUPPLY ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR OUTBACK MIDWEST LTD PARTNERSHI OUTBACK MIDWEST LTD PARTNERSHI OUTBACK MIDWEST LTD PARTNERSHI STEVEN T PALMA DEPT OF PUBLIC SAFETY RCLLG REGAL AUTO WASH DETAIL XX SANSIO SCHWAN FOOD CO SCHWAN FOOD CO SCHWAN FOOD CO SHAMROCK GROUP CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL STRYKER TRANS-AUTO TRANSMISSION INC. US BANK VISUAL IMAGE PROMOTIONS WELLS FARGO BROKERAGE SERV LLC Date Vendor 44 Checks in this report. Description REGISTRATION FEE REGISTRATION FEE -TREE CERT DEPOSIT FOR DIESEL FUEL CONTRACT CAR WASHES-DEC RECYCLING -JAN PATROL & BOARDING FEE 12/8 - 1/4 REIMB FOR WINTER BOOTS 1/16 MDSE FOR RESALE ESCROW RELEASE 2300 HAZELWOOD HEATING REPAIR STATION 3 ESCROW REL R MORNEAU 2689 ANNUAL DUES LI Refund Cst #00000366 -Overpayment LI Refund Cst #00000366 -Overpayment LI Refund Cst #00000368 -Overpayment LI Refund Cst #00000368 -Overpayment LI Refund Cst #00001935 -Alarm License PROJ 08-03 LIFT STAT #17 PARTPMT#2 MEMBERSHIP DUES GREEN TEAM MEETING -TREATS LI Refund Cst #00000679 -Overpayment REIMB FOR CLOTHES 1/10 WASTEWATER-FEB BACK FLOW TESTING PATROL & BOARDING FEE 12/8-1/4 FIRE FIGHTER BOOKS MEMBERSHIP FEE MONTHLY UTILITIES REPLACEMENT CHECK VLVE LIFT REFUND J CHRISTENSEN AMB 82794 REFUND D TEETER BANQUET RENTAL REFUND J CARVELL SWIM CLASS LI Refund Cst #00000306 -Overpayment LI Refund Cst #00000306 -Overpayment LI Refund Cst #00000306 -Overpayment REIMB FOR LACROSSE BOOTS 1/15 4TH QUARTER PAYMENT MEMBERSHIP DUES CAR WASH FEE -DEC EMS RUNSHEETS & SUBSCRIPTION-FEB MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE RECORD MGMT SOFTWARE FEES -JAN PRINTING DOCUMENTS PRINTING DOCUMENTS BOTTLE HOLDER KITS OVERHAUL TRANSMISSION FUNDS FOR ATM PROGRAMMING WHITE BEAR AVE SIGN 2004E BOND PAYMENT Description Amount 150.00 85.00 8,100.00 68.16 30,650.15 2,799.77 149.99 144.00 7,203.05 859.66 500.00 75.00 700.00 25.00 700.00 25.00 55.00 20,971.00 19,845.00 29.16 100.00 209.97 213,483.08 282.55 982.00 660.30 25.00 2,973.17 690.85 505.00 190.00 68.00 700.00 25.00 25.00 169.99 1,920.00 945.00 67.18 614.59 49.94 27.97 26.97 380.00 3,798.00 184.78 117.15 446.00 2,547.29 6,000.00 250.00 128,362.50 Amount 459.962.22 Packet Page Number Page 144 of 159 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 01/16/09 01/20/09 Tue MN State Treasurer Drivers License/Deputy Registrar(city clrk) 19,018.43 01/16/09 01/20/09 ARC Administration DCRP & Flex plan payments 1,987.26 01/16/09 01/20/09 MN Dept of Natural Resources DNR electronic licenses 2,475.00 01/16/09 01/21/09 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 10,321.25 01/17/09 01/21/09 MN State Treasurer Drivers License/Deputy Registrar(city clrk) 1,891.00 01/21/09 01/22/09 Thu MN State Treasurer Drivers License/Deputy Registrar(city clrk) 14,989.62 01/22/09 01/23/09 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 16,615.63 01/22/09 01/23/09 US Bank VISA One Card' Purchasing Card Items 60,927.34 01/22/09 01/23/09 ARC Administration HRA Flex plan 90,300.75 TOTAL 'Detailed listing of VISA purchases is attached. 218,526.28 Packet Page Number Page 145 of 159 01 /30/2009 Check 77584 77585 77586 77587 77588 77589 77590 77591 77592 77593 77594 77595 77596 77597 77598 77599 77600 77601 77602 77603 77604 77605 77606 77607 77608 77609 77610 77611 77612 77613 77614 77615 77616 77617 77618 77619 77619 Date 01 /29/2009 01 /29/2009 01 /29/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 02/03/2009 Check Register City of Maplewood Vendor Description Amount 47,668.00 77.57 3,658.33 68,763.54 6,336.15 3,877.29 2,415.49 1,888.14 1,566.68 1,489.87 2,907.67 213.75 15,485.93 9,981.85 9,088.32 8,302.29 1, 210.63 55.50 11.10 17.94 998.14 146.33 6,600.00 35.00 3,526.08 150.00 90.80 697.21 35.00 16,500.00 265.50 750.00 20.00 40.00 3,666.87 392.00 681.23 689.50 150.00 40.00 7.00 695.70 524.20 302.41 150.00 246.00 800.00 7,505.63 7,094.34 4,525.44 4,302.18 3,553.75 2,297.12 1,730.83 1,630.77 04222 00001 01311 02728 02728 02728 02728 02728 02728 01819 01337 01546 01190 01190 01190 01190 01190 01190 01190 00115 02324 01936 03738 03513 00494 00224 00309 00520 03516 04206 03988 04095 00393 01043 00942 03622 01192 00001 00001 00001 00001 01254 01254 03151 03359 04219 02500 01409 01409 01409 01409 01409 01409 01409 01409 SYNERGY MOTOR CAR COMPANY ONE TIME VENDOR PERA KIMLEY-HORN & ASSOCIATES INC KIMLEY-HORN & ASSOCIATES INC KIMLEY-HORN & ASSOCIATES INC KIMLEY-HORN & ASSOCIATES INC KIMLEY-HORN & ASSOCIATES INC KIMLEY-HORN & ASSOCIATES INC PAETEC RAMSEY COUNTY-PROP REC & REV SUBURBAN SPORTSWEAR XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY MANDY ANZALDI APPLIED ECOLOGICAL SERVICES CHAD BERGO BETHEL & ASSOCIATES, PA BRIAN BIERDEMAN CHILDREN HOME & FAMILY SERVICE CITY OF BROOKLYN PARK COMMISSIONER OF TRANSPORTATION TIMOTHY W FLOR ANTHONY GABRIEL H.A. KANTRUD JODI HALWEG BERNARDJUNGMANN DEPT OF LABOR & INDUSTRY MEHA MARSDEN BLDG MAINTENANCE CO MN OFFICE OF ENTERPRISE TECH NORTHERN WATER WORKS SUPPLY ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PEPSI-COLA COMPANY PEPSI-COLA COMPANY PETTY CASH RECYCLING ASSN OF MN DAVID ROBY ROWEKAMP ASSOCIATES INC S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. 4 USED DODGE DURANGOS EMPLOYEE J METCALF CHANGED EMPLOYER DEDUCTION AMT DUE PERA PROF SRVS 11/1 - 12/30 PROJ 07-25 PROF SRVS THRU 12/30 PROJ 07-26 PROF SRVS THRU 07-26 PROJ 07-30 PROF SRVS THRU 12/30 PROF SRVS THRU 12/30 PROJ 02-21 PROF SRVS THRU 12/30 LOCAL PHONE SERVE 12/16 -01/15 TRUTH IN TAXATION NOTICE REIMB SHIRTS FOR GYM PROG ELECTRIC & GAS UTILTIY ELECTRIC & GAS UTILITY GAS UTILTIY ELECTRIC & GAS UTILITY ELECTRIC UTILITY ELECTRIC UTILITY METERED SPEED SIGN REIMB FOR DANCE EXPENSE CONSULTING FOR DEC REIMB FOR MILEAGE & INT 1/1 - 1/31 RETAINER FOR LEGAL SERVICES -FEB K-9 MAINTENANCE FEB YOUTH DIVERSION PROG -DEC REGISTRATION FEES ENGINEERING FEES REIMB FOR TUITION 1/20 - 1/25 K-9 MAINTENANCE FEB PROSECUTION & LEGAL SRVS -FEB REIMB FOR BOOT ALLOW 12/27 REIMB FOR TUITION 11/3 - 12/28 BLDG OFFICIAL CERTIFICATION REGISTRATION FEE JANITORIAL SRVS AT MCC WIDE AREA NETWORK -DEC REPLACEMENT CHECK VALVE REIMB T WALSTROM DRIVEWAY PROJ07- REFUND K MENNE SWIM LESSONS REFUND M KURTZ MEDICA BENEFIT REFUND J VASOUEZ OVERPMT SENIOR MDSE FOR RESALE MDSE FOR RESALE REPLENISH PETTY CASH MEMBERSHIP FEE GUITAR INSTRUCTOR & REF TRAINING COURSE IN ARCGIS ENGINEERING FEES PROJ 05-18 ENGINEERING FEES PROJ 06-05 ENGINEERING FEES PROJ 07-27 ENGINEERING FEES ENGINEERING FEES ENGINEERING FEES PROJ 06-02 ENGINEERING FEES PROJ 06-17 ENGINEERING FEES Packet Page Number Page 146 of 159 02/03/2009 01409 S.E.H. ENGINEERING FEES 689.49 77620 02/03/2009 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 496.07 02/03/2009 01418 SAM'S CLUB DIRECT GYM SUPPLIES 71.79 02/03/2009 01418 SAM'S CLUB DIRECT GYM SUPPLIES 65.20 02/03/2009 01418 SAM'S CLUB DIRECT B-DAY CAKE & SUPPLIES 49.12 02/03/2009 01418 SAM'S CLUB DIRECT CAKES FOR B-DAY PROG 16.48 77621 02/03/2009 04207 STRYKER 2 EMS STAIR CHAIRS 5,869.16 77622 02/03/2009 04071 TERRACON CONSULTANTS, INC. PROJ 07-25 ENGINEERING FEES 3,749.50 02/03/2009 04071 TERRACON CONSULTANTS, INC. PROJ 07-21 ENGINEERING FEES 3,256.50 77623 02/03/2009 01616 PAUL THIENES REIMB FOR MEALS & LODGING 1/20-1/23 177.96 77624 02/03/2009 03074 TOTAL REFRIGERATION SYS INC MAINT OF REFRIGERATION UNIT PD 123.00 77625 02/03/2009 01635 TOWER ASPHALT INC PROJ 07-25 HAZELWOOD PARTPMT#6 81,568.50 77626 02/03/2009 03088 JOSEPH TRAN REMB FOR PDA PHONE 1/22 250.00 77627 02/03/2009 00449 TYLER TECHNOLOGIES INC EDEN SYS SUPPORT CONTRACT 51,404.17 77628 02/03/2009 01691 U S POLICE CANINE ASSN INC MEMBERSHIP FEE 40.00 77629 02/03/2009 01750 THE WATSON CO INC MDSE FOR RESALE 191.34 403.873.35 46 Checks in this report. Packet Page Number Page 147 of 159 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 01/23/09 01/26/09 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 14,812.25 01/23/09 01/26/09 ICMA (Vantagepointe) Deferred Compensation 20,119.84 01/23/09 01/26/09 US Treasurer Federal Payroll Tax (FICA) 150,148.99 01/26/09 01/27/09 Tues MN State Treasurer Drivers License/Deputy Registrar(city clrk) 16,869.91 01/26/09 01/27/09 MN State Treasurer Drivers License/Deputy Registrar(city clrk) 2,260.50 01/26/09 01/27/09 PERA PERA 81,252.00 01/26/09 01/27/09 MN Dept of Natural Resources DNR electronic licenses 1,410.00 01/26/09 01/27/09 ICMA (Vantagepointe) Retiree Health Savings 38,192.03 01/27/09 01/28/09 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 13,595.82 01/27/09 01/28/09 WI Dept of Revenue State Payroll Tax 1,193.18 01/27/09 01/28/09 WI Dept of Revenue State Payroll Tax 1,193.18 01/27/09 01/28/09 MN State Treasurer State Payroll Tax 28,141.47 01/27/09 01/28/09 Pitney Bowes Postage 2,985.00 01/27/09 01/28/09 Labor Unions Union Dues 3,542.76 01/28/09 01/29/09 Thu MN State Treasurer Drivers License/Deputy Registrar(city clrk) 11,412.00 01/28/09 01/29/08 Great West Deferred Compensation 42,692.55 01/29/09 01/30/09 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 9,882.50 01/29/09 01/30/09 ARC Administration DCRP & Flex plan payments 8,126.76 01/30/09 02/02/09 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 14,344.20 TOTAL 'Detailed listing of VISA purchases is attached. 462,174.94 Packet Page Number Page 148 of 159 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 01/23/09 HANSEN, JOHN 105.00 01/23/09 HJELLE, ERIK 416.42 01/23/09 7UENEMANN, KATHLEEN 416.42 01/23/09 NEPHEW, JOHN 416.42 01/23/09 ROSSBACH, WILLIAM 416.42 01/23/09 BURLINGAME, SARAH 793.14 01/23/09 CHRISTENSON, SCOTT 1,835.71 01/23/09 FARR, LARRY 2,556.42 01/23/09 JAHN, DAVID 2,698.40 01/23/09 PALANK, MANDY 627.00 01/23/09 RAMEAUX, THERESE 7,492.80 01/23/09 FORMANEK, KAREN 1,80628 01/23/09 MITTET, ROBERT 4,265.68 01/23/09 ANDERSON, CAROLE 2,753.76 01/23/09 DEBILZAN, JUDY 1,215.68 01/23/09 JACKSON, MARY 4,030.42 01/23/09 KELSEY, CONNIE 3,921.04 01/23/09 LAYMAN, COLLEEN 2,798.17 01/23/09 CAREY, HEIDI 2,390.93 01/23/09 GUILFOILE, KAREN 7,081.94 01/23/09 KROLL, LISA 2,610.84 01/23/09 NEPHEW, MICHELLE 1,449.48 01/23/09 SCHMIDT, DEBORAH 4,203.04 01/23/09 SPANGLER, EDNA 952.49 01/23/09 CORTESI, LUANNE 981.14 01/23/09 JAGOE, CAROL 1,883.03 01/23/09 KELLY, LISA 1,206.66 01/23/09 CARSON, MICHELLE 1,150.14 01/23/09 MECHELKE, SHERRIE 1,110.78 01/23/09 MOY, PAMELA 1,121.07 01/23/09 OSTER, ANDREA 2,881.79 01/23/09 WEAVER, KRISTINE 2,017.57 01/23/09 CORCORAN, THERESA 502.13 01/23/09 PALANK, MARY 1,841.57 01/23/09 POWELL, PHILIP 5,553.67 01/23/09 SVENDSEN, JOANNE 3,08433 01/23/09 THOMALLA, DAVID 12,305.54 01/23/09 YOUNG, TAMELA 1,846.93 01/23/09 ABEL, GLINT 2,96533 01/23/09 ALDRIDGE, MARK 5,685.85 01/23/09 BAKKE, LONN 2,81032 01/23/09 BARTZ, PAUL 5,742.60 01/23/09 BELDE, STANLEY 2,81032 01/23/09 BENJAMIN, MARKESE 2,170.07 01/23/09 BIERDEMAN, BRIAN 5,21624 01/23/09 BOHL, JOHN 6,336.99 01/23/09 BUSACK, DANIEL 3,33532 01/23/09 COFFEY, KEVIN 2,81028 01/23/09 GROTTY, KERRY 3,195.03 01/23/09 DEMULLING, JOSEPH 2,222.19 01/23/09 DOBLAR, RICHARD 3,541.08 01/23/09 FRITZE, DEREK 2,398.42 01/23/09 GABRIEL, ANTHONY 5,677.79 01/23/09 HAWKINSON JR, TIMOTHY 2,160.96 01/23/09 HEINZ, STEPHEN 2,96533 Packet Page Number Page 149 of 159 01/23/09 HER, PHENG 1,88434 01/23/09 HIEBERT, STEVEN 2,42032 01/23/09 JOHNSON, KEVIN 4,14232 01/23/09 KALKA, THOMAS 826.13 01/23/09 KAKIS, FLINT 3,639.88 01/23/09 KONG, TOMMY 2,859.70 01/23/09 KREKELER, NICHOLAS 759.93 01/23/09 KROLL, BRETT 3,006.84 01/23/09 KVAM, DAVID 7,228.49 01/23/09 LANGNER, TODD 2,709.70 01/23/09 CARSON, DANIEL 2,938.13 01/23/09 LU, JOHNNIE 3,007.79 01/23/09 MARINO, JASON 2,834.64 01/23/09 MARTIN, IERROLD 2,86123 01/23/09 MCCARTY, GLEN 2,938.91 01/23/09 METRY, ALESIA 4,36329 01/23/09 NYE, MICHAEL 4,169.88 01/23/09 OLSON, JULIE 2,777.15 01/23/09 PALMA, STEVEN 3,064.87 01/23/09 RABBETT, KEVIN 3,998.97 01/23/09 RHUDE, MATTHEW 2,709.70 01/23/09 SHORTREED, MICHAEL 10,105.51 01/23/09 STEFFEN, SCOTT 7,313.51 01/23/09 STEEVER, JOSEPH 2,778.96 01/23/09 SYPNIEWSKI, WILLIAM 2,670.63 01/23/09 SZCZEPANSKI, THOMAS 3,241.93 01/23/09 TRAN, JOSEPH 2,74129 01/23/09 WENZEL, JAY 2,859.70 01/23/09 XIONG, KAO 2,688.56 01/23/09 BERGERON, JOSEPH 3,616.93 01/23/09 DUGAS, MICHAEL 3,23037 01/23/09 ERICKSON, VIRGINIA 3,013.96 01/23/09 FLOR, TIMOTHY 6,357.67 01/23/09 FRASER, JOHN 3,117.67 01/23/09 LANGNER, SCOTT 2,915.54 01/23/09 THEISEN, PAUL 2,838.15 01/23/09 THIENES, PAUL 2,963.06 01/23/09 AMBORN, JASON 1,09020 01/23/09 BASSETT, BRENT 1,01135 01/23/09 BAUMAN, ANDREW 2,306.45 01/23/09 BECK, PATRICK 1,547.53 01/23/09 BECK, YANCEY 1,182.74 01/23/09 BIAGEVI JR, JOSEPH 324.00 01/23/09 BRUCKNER, KEVIN 486.00 01/23/09 BUCHE, JOETTE 2,512.72 01/23/09 CAPISTRANT, JOHN 1,73026 01/23/09 CARDINAL, NICHOLAS 684.00 01/23/09 CRUMMY, CHARLES 1,585.71 01/23/09 DAWSON, RICHARD 6,240.90 01/23/09 DOLLERSCHELL, ROBERT 29339 01/23/09 EVANS, JASON 1,01523 01/23/09 EVERSON, PAUL 2,62839 01/23/09 FASULO, WALTER 1,182.50 01/23/09 FERGUSON, ROBERT 1,084.85 01/23/09 FITZGERALD, EDWARD 1,064.08 01/23/09 FOSSUM, ANDREW 2,75536 01/23/09 GARZA, BRANDON 867.19 01/23/09 GOOD, BROCK 691.49 01/23/09 HAGEN, MICHAEL 1,587.72 01/23/09 HAKSETH, NATHAN 67126 01/23/09 HALWEG, JODI 3,537.17 01/23/09 HEFFERNAN, PATRICK 2,29129 01/23/09 HJELLE, ERIK 1,903.57 Packet Page Number Page 150 of 159 01/23/09 IMM, TRACY 1,09138 01/23/09 JOHNSON, JAMES 1,81722 01/23/09 JUNGMANN, BERNARD 3,166.08 01/23/09 KALKA, THOMAS 2,52122 01/23/09 KANE, ROBERT 1,650.07 01/23/09 KARNOWSKI, SANDRA 2,209.51 01/23/09 KORTUS, WILLIAM 1,048.42 01/23/09 LIDBERG, MICHAEL 1,196.78 01/23/09 LOCHEN, MICHAEL 2,37228 01/23/09 MAHONEY, KENNETH 860.07 01/23/09 MILLER, NICHOLAS 1,679.80 01/23/09 MORGAN, JEFFERY 1,278.00 01/23/09 NALIPINSKI, STEPHEN 1,349.16 01/23/09 NAVARRO, ANTHONY 459.00 01/23/09 NOLAN, PAUL 1,219.04 01/23/09 NOVAK, JEROME 4,114.62 01/23/09 NOWICKI, PAUL 1,981.58 01/23/09 O'GRADY, BENJAMIN 851.16 01/23/09 OLSON, JAMES 2,49420 01/23/09 OPHEIM, JOHN 2,595.83 01/23/09 PERBIX, CHARLES 2,534.14 01/23/09 PETERSON, MARK 1,507.74 01/23/09 PETERSON, ROBERT 4,070.70 01/23/09 PODOBINSKI, LAURENCE 1,423.13 01/23/09 RAINEY, JAMES 1,698.41 01/23/09 RAVENWALD, CORINNE 831.19 01/23/09 REYNOSO, ANGEL 1,178.93 01/23/09 RICE, CHRISTOPHER 1,156.97 01/23/09 RICHARDSON, ANDREA 2,313.81 01/23/09 RODRIGUEZ, REBECCA 641.95 01/23/09 RODRIGUEZ, ROBERTO 1,387.60 01/23/09 ROMANIK, JAMES 2,014.93 01/23/09 SCHULTZ, IEROME 1,364.17 01/23/09 SCHWARTZ, SHAWN 85234 01/23/09 SEDLACEK, JEFFREY 2,493.12 01/23/09 STREFF, MICHAEL 3,118.94 01/23/09 SVENDSEN, RONALD 7,987.14 01/23/09 WHELEHAN, ROBERT 1,559.06 01/23/09 WHITE, JOEL 1,168.97 01/23/09 YANG, LEE 63.00 01/23/09 GERVAIS-JR, CLARENCE 5,610.81 01/23/09 LUKIN, STEVEN 14,755.83 01/23/09 ZWIEG, SUSAN 2,182.52 01/23/09 AHL, R. CHARLES 11,244.86 01/23/09 FINWALL, SHANN 2,946.09 01/23/09 KNUTSON, LOIS 1,859.05 01/23/09 NIVEN, AMY 1,423.77 01/23/09 PRIEFER, WILLIAM 3,286.78 01/23/09 BRINK, TROY 4,84326 01/23/09 BUCKLEY, BRENT 2,738.41 01/23/09 DEBILZAN, THOMAS 2,670.59 01/23/09 EDGE, DOUGLAS 2,690.59 01/23/09 JONES, DONALD 4,65426 01/23/09 MEISSNER, BRENT 2,054.63 01/23/09 MEYER, GERALD 3,207.54 01/23/09 NAGEL, BRYAN 6,050.42 01/23/09 OSWALD, ERICK 3,865.55 01/23/09 RUNNING, ROBERT 2,271.77 01/23/09 TEVLIN, TODD 2,338.61 01/23/09 BURLINGAME, NATHAN 1,77134 01/23/09 DUCHARME, JOHN 2,649.12 01/23/09 ENGSTROM, ANDREW 2,182.53 01/23/09 GAYNOR, VIRGINIA 4,176.76 01/23/09 JACOBSON, SCOTT 2,02324 Packet Page Number Page 151 of 159 01/23/09 JAROSCH, JONATHAN 2,57037 01/23/09 KREGER, JASON 1,85246 01/23/09 KLTMNIER, STEVEN 2,823.83 01/23/09 LINDBLOM, RANDAL 3,404.55 01/23/09 LOVE, STEVEN 2,691.10 01/23/09 O'CONNOR, DONOVAN 292.80 01/23/09 THOMPSON, MICHAEL 3,666.88 01/23/09 ZIEMAN, SCOTT 14520 01/23/09 EDSON, DAVID 2,503.74 01/23/09 HINNENKAMP, GARY 2,85830 01/23/09 MARUSKA, MARK 12,727.00 01/23/09 NAUGHTON, JOHN 2,385.59 01/23/09 NORDQUIST, RICHARD 2,07631 01/23/09 NOVAK,MICHAEL 915.73 01/23/09 SCHIIQDELDECKER, JAMES 2,078.62 01/23/09 BIESANZ, OAKLEY 1,245.60 01/23/09 DEAVER, CHARLES 709.06 01/23/09 HAYMAN, JANET 3,459.83 01/23/09 HUTCHINSON, ANN 2,560.56 01/23/09 SOUTTER, CHRISTINE 122.00 01/23/09 WACHAL, KAREN 765.55 01/23/09 FRY, PATRICIA 2,434.17 01/23/09 HALL, KATHLEEN 234.00 01/23/09 KONEWKO, DUWAYNE 8,914.78 01/23/09 SINDT, ANDREA 1,988.60 01/23/09 THOMPSON, DEBRA 741.80 01/23/09 EKSTRAND, THOMAS 5,713.16 01/23/09 MARTIN, MICHAEL 2,357.95 01/23/09 BRASH, JASON 2,070.11 01/23/09 CARVER, NICHOLAS 3,135.66 01/23/09 FISHER, DAVID 7,18Q46 01/23/09 RICE, MICHAEL 2,50036 01/23/09 SWAN, DAVID 2,57439 01/23/09 WELLENS, MOLLY 547.61 01/23/09 JOHNSON, GENE 560.00 01/23/09 BERGER, STEPHANIE 504.00 01/23/09 BJORK, BRANDON 181.50 01/23/09 BROZAK, KATHERINE 71.50 01/23/09 FRANK, PETER 375.00 01/23/09 HILDEBRANT, SAWYER 96.00 01/23/09 JANASZAK, MEGHAN 442.50 01/23/09 KOHLMAN, IENNIFER 411.75 01/23/09 NIEMAN, JAMES 172.00 01/23/09 ROBBINS, AUDRA 3,001.17 01/23/09 ROBBINS, EMERALD 117.00 01/23/09 SCHALLER, SCOTT 222.50 01/23/09 SHERRILL, CAITLIN 567.88 01/23/09 STAPLES, PAULINE 9,535.89 01/23/09 TAUBMAN, DOUGLAS 4,69724 01/23/09 TAYLOR, JAMES 2,079.11 01/23/09 ADAMS, DAVID 1,59735 01/23/09 GERMAIIQ, DAVID 2,136.03 01/23/09 HAAG, MARK 2,143.11 01/23/09 NADEAU, EDWARD 10,700.69 01/23/09 SCHULTZ, SCOTT 2,43633 01/23/09 ANZALDI, MALADY 1,908.84 01/23/09 BERGLLJND, DANIEL 315.00 01/23/09 BRENEMAN, NEIL 1,803.16 01/23/09 CRAWFORD - JR, RAYMOND 91325 01/23/09 DICKS, JOHN 382.50 01/23/09 EVANS, CHRISTINE 1,209.02 01/23/09 FABIO-SHANLEY, MICHAEL 50.10 01/23/09 GADOW_ANNA 13738 Packet Page Number Page 152 of 159 01/23/09 GLASS, JEAN 2,97732 01/23/09 HANSEN, LORI 2,579.63 01/23/09 HER, CHONG 288.00 01/23/09 HER, PETER 25530 01/23/09 HIX, MELINDA 264.00 01/23/09 HOFMEISTER, MARY 936.64 01/23/09 NAGEL, BROOKE 439.00 01/23/09 PELOQUIN, PENNYE 581.63 01/23/09 PENN, CHRISTINE 1,600.00 01/23/09 SCHOENECKER, LEIGH 502.00 01/23/09 VANG, KAY 132.00 01/23/09 VANG, TIM 302.00 01/23/09 AICHELE, MEGAN 70.88 01/23/09 ANDERSON, JOSHUA 2730 01/23/09 ANDERSON, JUSTIN 30.80 01/23/09 BAUDE, SARAH 204.00 01/23/09 BEITLER, JULIE 136.00 01/23/09 BENJAMIN, AYLA 56.70 01/23/09 BIGGS, ANNETTE 53.13 01/23/09 BRUSOE, AMY 223.63 01/23/09 BRUSOE, CRISTINA 300.15 01/23/09 BUCHMAYER, NICOLLET 43.80 01/23/09 BUCKLEY, BRITTANY 76.13 01/23/09 CAMPBELL, JESSICA 54.00 01/23/09 CLARK, PAMELA 108.00 01/23/09 DEMPSEY, BETH 98.00 01/23/09 DUNK, RYAN 99932 01/23/09 ERICKSON-CLARK, CAROL 47.50 01/23/09 FLACKEY, MAUREEN 105.00 01/23/09 GIEL, NICOLE 51.00 01/23/09 GRUENHAGEN, LINDA 306.95 01/23/09 HOLMBERG, LADONNA 357.00 01/23/09 HORWATH, RONALD 4,89621 01/23/09 JOHNSON, JAMES 116.00 01/23/09 JOSSART, ANGELA 34.00 01/23/09 JOYER, JENNA 59.95 01/23/09 KERSCHNER, JOLENE 84.00 01/23/09 KOGLER, RYAN 112.00 01/23/09 KOLLER, NINA 103.03 01/23/09 KRONHOLM, KATHRYN 449.40 01/23/09 KURZHAL, ALISON 33.75 01/23/09 MATHEWS, LEAH 97.88 01/23/09 MCCANN, NATALIE 108.00 01/23/09 MCCARTHY, ERICA 98.07 01/23/09 NADEAU, KELLY 28.13 01/23/09 OBRIEN, JULIE 120.00 01/23/09 OLSON, SANDRA 80.50 01/23/09 PEHOSKI, JOEL 48.00 01/23/09 PROESCH, ANDY 599.43 01/23/09 RHODY, DIANE 610.00 01/23/09 RICHTER, NANCY 1,519.18 01/23/09 RONNING, ISAIAH 161.00 01/23/09 SCHAEFER, NATALIE 18225 01/23/09 SCHREIER, ROSEMARIE 102.00 01/23/09 SCHUNEMAN, GREGORY 150.93 01/23/09 SIERVEN, BRENDA 51.00 01/23/09 SKAAR, SAMANTHA 49.50 01/23/09 SKUNES, KELLY 108.00 01/23/09 SMITH, ANN 217.60 01/23/09 STAHNKE, AMY 186.00 01/23/09 TUPY, ELIANA 17.00 01/23/09 TUPY, HEIDE 266.40 01/23/09 TUPY, MARCUS 276.60 01/23/09 WARNER, CAROLYN 336.70 Packet Page Number Page 153 of 159 01/23/09 WEDES, CAROL 112.50 01/23/09 WICKNER, KRISTY 3931 01/23/09 WOLFGRAM, MARY 400.95 01/23/09 WOLFGRAM, TERESA 208.04 01/23/09 WOODMAN, ALICE 161.00 01/23/09 YOUNCE, BLAISE 98.00 01/23/09 BOSLEY, CAROL 369.00 01/23/09 HOLMGREN, STEPHANIE 8925 01/23/09 LANGER, CHELSEA 29.75 01/23/09 LANGER, KAYLYN 59.50 01/23/09 BATTLER, MELINDA 24.00 01/23/09 BEHAN, JAMES 1,940.02 01/23/09 DOUGLASS, TOM 1,282.73 01/23/09 GROPPOLI, JOE 396.00 01/23/09 MALONEY, SHAWNA 105.00 01/23/09 PATTERSON, ALBERT 11,298.55 01/23/09 PRINS, KELLY 1,214.99 01/23/09 REILLY, MICHAEL 2,786.76 01/23/09 SCHOENECKER, KYLE 66.00 01/23/09 VALERIO, TARA 261.00 01/23/09 AICHELE, CRAIG 2,564.53 01/23/09 PRIEM, STEVEN 3,440.61 01/23/09 WOEHRLE, MATTHEW 2,16020 01/23/09 BERGO, CHAD 2,588.74 01/23/09 FOWLDS, MYCHAL 6,012.13 01/23/09 FRANZEN, NICHOLAS 4,18023 1006646 01/23/09 LONGRIE, DIANA 473.15 1006647 01/23/09 PERKINS, MATTHEW 310.00 1006648 01/23/09 WELCHLIN, CABOT 2,86123 1006649 01/23/09 ANDERSON, BRIAN 1,947.09 1006650 01/23/09 BAHL, DAVID 1,578.40 1006651 01/23/09 BOURQUIN, RON 1,46738 1006652 01/23/09 DITTEL, MICHAEL 1,518.74 1006653 01/23/09 HALE, JOSEPH 2,162.46 1006654 01/23/09 HERLLJND, RICK 2,338.60 1006655 01/23/09 HILL, ZACHARY 63.00 1006656 01/23/09 HUTCHINSON, JAMES 2,269.01 1006657 01/23/09 JONES, JONATHAN 81.00 1006658 01/23/09 KOEHN, CORY 191.47 1006659 01/23/09 KONDER, RONALD 1,081.84 1006660 01/23/09 MALLORY, GORDON 1,758.92 1006661 01/23/09 MCGOVERN, JOHN 1,07638 1006662 01/23/09 MELANDER, JON 1,678.04 1006663 01/23/09 MELLEN, RICHARD 1,038.43 1006664 01/23/09 NIELSEN, KENNETH 108.00 1006665 01/23/09 POWERS, KENNETH 162.00 1006666 01/23/09 ROBERTSON, STEVEN 1,291.63 1006667 01/23/09 SHERMAN, CHRIS 108.00 1006668 01/23/09 SKOK, STEPHEN 1,362.12 1006669 01/23/09 SOLHEID, DALE 612.64 1006670 01/23/09 WYSE, ROBET 96.85 1006671 01/23/09 ABRAHAMSON, AMANDA 14.00 1006672 01/23/09 ABRAHAMSON, TYLER 24.00 1006673 01/23/09 BONKO, NICHOLAS 36.00 1006674 01/23/09 BROZAK, NICHOLAS 324.00 1006675 01/23/09 BUCZKOWSKI, ALAN 75.00 1006676 01/23/09 BURNS, JOHN 14.00 1006677 01/23/09 CHAMBERLAIN, JAMIE 48.00 1006678 01/23/09 CHEZIK, CARLEY 48.00 1006679 01/23/09 DALBEC, JAMES 84.00 1006680 01/23/09 DOTAS, ANDREW 21.00 1006681 01/23/09 DOTAS, KENT 45.75 1006682 01/23/09 DOTAS, ROCHELLE 36.00 Packet Page Number Page 154 of 159 1006683 01/23/09 FRANK, SARAH 120. 00 1006684 01/23/09 GEISER, EMILY 136. 00 1006685 01/23/09 GOODRICH, CHAD 333 25 1006686 01/23/09 GRAVES, CONNIE 118. 00 1006687 01/23/09 GREENER, DOUGLAS 99. 00 1006688 01/23/09 HANNIGAN, TYLER 25. 00 1006689 01/23/09 HELKAMP, KAYLA 120. 00 1006690 01/23/09 HER, KIM 163. 75 1006691 01/23/09 HOLDER, MOLLY 70. 50 1006692 01/23/09 KLEIN, AARON 69. 00 1006693 01/23/09 LINDA, KELLIE 231. 75 1006694 01/23/09 MASON, LAURA 76. 00 1006695 01/23/09 MUELLNER, CHADD 305 25 1006696 01/23/09 NELSON, KIRSTEN 37. 50 1006697 01/23/09 NICHOLS, SAMUEL 40. 00 1006698 01/23/09 ORTT, MATTHEW 24. 00 1006699 01/23/09 PRITSCHET, LEO 36. 00 1006700 01/23/09 ROBBINS, CAMDEN 89 25 1006701 01/23/09 RUNNING, DUSTIN 453. 00 1006702 01/23/09 SCHOUVIELLER, NATHAN 24. 00 1006703 01/23/09 SERGOT, COLLIN 52. 50 1006704 01/23/09 SVOBODA, NICHOLAS 36. 00 1006705 01/23/09 SVOBODA, PATRICK 36. 00 1006706 01/23/09 TARR-JR, GUS 135. 00 1006707 01/23/09 THEISS, NIANDRA 48. 00 1006708 01/23/09 THIETS, EMMA 70. 00 1006709 01/23/09 TSCHIDA, JOSHUA 24. 00 1006710 01/23/09 YORKOVICH, BENJAMIN 72. 00 1006711 01/23/09 YORKOVICH, IENNA 72. 00 1006712 01/23/09 VUE, LOR PAO 272. 00 1006713 01/23/09 BUESING, DYLAN 28. 00 1006714 01/23/09 FENGER, JUSTIN 20. 00 1006715 01/23/09 HANSON, MATTHEW 236 25 1006716 01/23/09 LAMSON, KEVIN 42. 00 1006717 01/23/09 MATESKI, WAYNE 156. 00 1006718 01/23/09 MCCORMACK, MELISSA 56. 00 1006719 01/23/09 MCLAURIN, CHRISTOPHER 311 20 1006720 01/23/09 MORIS, RACHEL 39. 00 1006721 01/23/09 OLSON, SHELBY 18. 00 1006722 01/23/09 PIEPER, THEODORE 150. 00 1006723 01/23/09 ROSTRON, ROBERT 368. 00 1006724 01/23/09 SAUCERMAN, MICHAEL 134. 48 1006725 01/23/09 SCHAEFER, JAMES 61. 63 1006726 01/23/09 SCHMIDT, JOHN 144. 51 1006727 01/23/09 DANIEL, BREANNA 137. 75 1006728 01/23/09 DELACROIX, RYAN 100. 00 1006729 01/23/09 HER, SHILLAME 87. 00 1006730 01/23/09 MCDONALD, JESSALYNN 147. 00 1006731 01/23/09 ZAGER, LINNEA 253. 50 1006732 01/23/09 BOWMAN, MATTHEW 213. 15 1006733 01/23/09 SCHULZE, KEVIN 442. 00 1006734 01/23/09 STEFFEN, MICHAEL 56. 00 TOTAL 738,890. 75 Packet Page Number Page 155 of 159 Trans Date Posting Date Merchant Name Trans Amount Name 01/10/2009 01/12/2009 U OF M CCE $280.00 R CHARLES AHL 01/12/2009 01/13/2009 GOVTTRNGSVC $230.00 R CHARLES AHL 01/02/2009 01/05/2009 WAL-MART $57.57 MANDY ANZALDI 01/02/2009 01/05/2009 PARTY CITY #768 $189.56 MANDY ANZALDI 01/03/2009 01/05/2009 MICHAELS #2744 $28.98 MANDY ANZALDI 01/03/2009 01/05/2009 CUB FOODS, INC. $23.84 MANDY ANZALDI 01/15/2009 01/16/2009 PAYPAL'BENNETTPHOT $50.00 MANDY ANZALDI 01/07/2009 01/09/2009 CPS INC-DARECATALOUGE.COM $130.80 LONN BAKKE 12/03/2008 01 /09/2009 N U C 02 $54.88 JIM BEHAN 12/09/2008 01 /09/2009 N U C 02 $48.48 JIM BEHAN 12/19/2008 01/09/2009 NUCO2 $54.31 JIM BEHAN 12/26/2008 01 /09/2009 N U C 02 $55.39 JIM BEHAN 12/31/2008 01/05/2009 AQUA LOGIC INC $1,129.89 JIM BEHAN 12/31/2008 01/05/2009 AQUA LOGIC INC $1,991.55 JIM BEHAN 01/01/2009 01/09/2009 NUCO2 $62.39 JIM BEHAN 01/02/2009 01/09/2009 NUCO2 $44.71 JIM BEHAN 01/05/2009 01/06/2009 HILLYARD INC MINNEAPOLIS $11.39 JIM BEHAN 01/06/2009 01/08/2009 MINNESOTA ELEVATOR INC $1,610.60 JIM BEHAN 01/07/2009 01/08/2009 HENRIKSEN ACE HARDWARE $21.67 JIM BEHAN 01/07/2009 01/09/2009 WW GRAINGER $34.37 JIM BEHAN 01/08/2009 01/09/2009 MUSKA LIGHTING CENTER $556.69 JIM BEHAN 01/08/2009 01/09/2009 MUSKA LIGHTING CENTER $1,247.61 JIM BEHAN 01/08/2009 01/09/2009 MUSKA LIGHTING CENTER $596.56 JIM BEHAN 01/09/2009 01/12/2009 GOPHER PLUMBING SUPP $22.93 JIM BEHAN 01/09/2009 01/12/2009 THE HOME DEPOT 2801 $2.13 JIM BEHAN 01/12/2009 01/13/2009 ADAMS PEST CONTROL $149.93 JIM BEHAN 01/12/2009 01/14/2009 THE HOME DEPOT 2801 $7.46 JIM BEHAN 01/13/2009 01/15/2009 THE HOME DEPOT 2801 $32.85 JIM BEHAN 01/14/2009 01/16/2009 THE HOME DEPOT 2801 $58.83 JIM BEHAN 01/07/2009 01/08/2009 PETSMART INC 461 $6.76 OAKLEY BIESANZ 01/08/2009 01/12/2009 SUNRAY TRUE VALUE $71.03 RON BOURQUIN 01/08/2009 01/12/2009 SUNRAY TRUE VALUE $12.86 RON BOURQUIN 01/08/2009 01/09/2009 METRO ATHLETIC SUPPLY $153.94 NEIL BRENEMAN 01/12/2009 01/14/2009 S&S WORLDWIDE $38.75 NEIL BRENEMAN 01/13/2009 01/14/2009 ARAMARK MINNEAPOLIS OCS $719.39 NEIL BRENEMAN 01/06/2009 01/07/2009 SUPERAMERICA04022 $1.16 DAN BUSACK 01/06/2009 01/07/2009 VZWRLSS'APOCC VISN $96.67 HEIDI CAREY 01/08/2009 01/09/2009 PRICE CHOPPER INC $832.45 HEIDI CAREY 01/09/2009 01/09/2009 MSP COMMUNICATIONS $800.00 HEIDI CAREY 01/09/2009 01/12/2009 TIGER OAKS PUBLICATION $650.00 HEIDI CAREY 12/31/2008 01/05/2009 VIKING ELEC-CREDIT DEPT. $222.04 SCOTT CHRISTENSON 01/02/2009 01/05/2009 VIKING ELEC-CREDIT DEPT. ($17.08) SCOTT CHRISTENSON 01/02/2009 01/05/2009 VIKING ELEC-CREDIT DEPT. $12.81 SCOTT CHRISTENSON 01/05/2009 01/07/2009 THE HOME DEPOT 2801 $70.78 SCOTT CHRISTENSON 01/13/2009 01/15/2009 THE HOME DEPOT 2801 $56.17 SCOTT CHRISTENSON 01/13/2009 01/15/2009 THE HOME DEPOT 2801 $24.95 SCOTT CHRISTENSON 01/06/2009 01/08/2009 RYCO SUPPLY COMPANY $67.27 CHARLES DEAVER 01/11/2009 01/13/2009 REI DIRECT SALES KENT $21.34 CHARLES DEAVER 01/13/2009 01/14/2009 G & K SERVICES 006 $72.33 CHARLES DEAVER 01/15/2009 01/16/2009 DAVIS LOCK & SAFE $18.11 DOUG EDGE 01/15/2009 01/16/2009 UNITED RENTALS $70.44 DOUG EDGE 01/12/2009 01/14/2009 AGGREGATE AND READY MI $280.00 ANDREW ENGSTROM 01/02/2009 01/05/2009 THE RETROFIT COMPANIES $100.50 LARRY FARR 01/04/2009 01/05/2009 WMS'WASTE MGMT WMEZPAY $538.90 LARRY FARR 01/04/2009 01/05/2009 WMS'WASTE MGMT WMEZPAY $406.10 LARRY FARR 01/04/2009 01/05/2009 WMS'WASTE MGMT WMEZPAY $1,041.26 LARRY FARR 01/05/2009 01/06/2009 TARGET 00021352 $9.98 LARRY FARR 01/06/2009 01/08/2009 OVERHEAD DOOR OF NORTH $358.20 LARRY FARR 01/07/2009 01/09/2009 OFFICE DEPOT #2592 $21.04 LARRY FARR 01/08/2009 01/12/2009 THE HOME DEPOT 2801 $61.55 LARRY FARR 01/12/2009 01/13/2009 ADAMS PEST CONTROL $193.50 LARRY FARR 01/12/2009 01/13/2009 ADAMS PEST CONTROL $322.49 LARRY FARR 01/12/2009 01/13/2009 ADAMS PEST CONTROL $608.48 LARRY FARR Packet Page Number Page 156 of 159 01/12/2009 01/14/2009 THE HOME DEPOT 2801 01/12/2009 01/14/2009 THE HOME DEPOT 2801 01/13/2009 01/14/2009 BRIN NORTHWESTERN GLASS C 01/13/2009 01/14/2009 G & K SERVICES 006 01/13/2009 01/14/2009 G & K SERVICES 006 01/14/2009 01/15/2009 AVAC CORPORATION 01/06/2009 01/07/2009 PANERA BREAD #1305 01 /07/2009 01 /09/2009 OFFICE MAX 01/07/2009 01/09/2009 OFFICE DEPOT #1090 01 /13/2009 01 /15/2009 OFFICE MAX 01/16/2009 01/16/2009 GOVERNMENT FINANCE OFFIC 12/31/2008 01/05/2009 SHI INTERNATIONAL CORP 12/31/2008 01/05/2009 CITY OF ROSEVILLE CITY HA 01/06/2009 01/07/2009 OWESTCOMM'TN651 01/06/2009 01/08/2009 CITY OF ROSEVILLE CITY HA 01 /07/2009 01 /08/2009 AT&T '8310000707190 01/08/2009 01/08/2009 GOVDOCS.COM, INC. 01/08/2009 01/09/2009 CTO'GOTOMYPC.COM 01/09/2009 01/12/2009 TARGET 00018317 01 /13/2009 01 /13/2009 PAY PAL I N C 01 /13/2009 01 /15/2009 OFFICE MAX 01/04/2009 01/05/2009 HP SERVICES 01/08/2009 01/12/2009 CIRCUIT CITY SS #3137 01/14/2009 01/15/2009 PAYPAL'CANON373 01/15/2009 01/16/2009 GENERAL NANOSYSTEMS INC 01/16/2009 01/16/2009 HP DIRECT-PUBLICSECTOR 01/09/2009 01/12/2009 MINNESOTA GREEN EXPO 01/06/2009 01/08/2009 OFFICE DEPOT #1090 01/08/2009 01/09/2009 OFFICE DEPOT #1090 01 /13/2009 01 /15/2009 OFFICE MAX 01/14/2009 01/15/2009 VZWRLSS'APOCC VISN 01/06/2009 01/07/2009 HENRIKSEN ACE HARDWARE 01/08/2009 01/09/2009 CLOVER SUPER FOODS 01 /06/2009 01 /07/2009 WALG R E E N S #01751 01 /06/2009 01 /07/2009 M E NAR DS 3059 01/10/2009 01/12/2009 THE HOME DEPOT 2801 01/10/2009 01/13/2009 OREILLY AUTO 00020743 01 /11 /2009 01 /12/2009 M E NAR DS 3059 01/10/2009 01/12/2009 CUB FOODS, INC. 01/10/2009 01/12/2009 MENARDS 3059 01/08/2009 01/09/2009 POOLTOY COM 01/08/2009 01/12/2009 JOANN ETC #1970 01/13/2009 01/14/2009 DALCO ENTERPRISES, INC 01/03/2009 01/05/2009 BOUND TREE MEDICAL LLC 01/07/2009 01/08/2009 PHILIPS MEDICAL SYSTEMS 01/12/2009 01/13/2009 BEST BUY MHT 00000109 01 /02/2009 01 /05/2009 OFFICE MAX 01/08/2009 01/09/2009 TARGET 00011858 01/09/2009 01/12/2009 TOYS R US #6046 01/08/2009 01/12/2009 CENTURY BOOKSTORE 01/12/2009 01/14/2009 AGGREGATE AND READY MI 01/12/2009 01/13/2009 BATTERIES PLUS 12/31 /2008 01 /05/2009 SHRED-I T 01 /02/2009 01 /05/2009 OFFICE MAX 01/05/2009 01/06/2009 OFFICE DEPOT #1090 01 /07/2009 01 /09/2009 OFFICE MAX 01/07/2009 01/09/2009 PIONEER PRESS ADVERTISING 01/08/2009 01/12/2009 OFFICE DEPOT #1090 01/09/2009 01/09/2009 NRI'SANFRD/DYMO/CDSCAN 01/12/2009 01/13/2009 CHILI'S-MAPLEWOOD 01/14/2009 01/15/2009 POTBELLY 087 01/10/2009 01/12/2009 U OF M CCE 01/06/2009 01/07/2009 FBI NATIONAL ACADEMY 01/12/2009 01/14/2009 AGGREGATE AND READY MI ($40.69) LARRY FARR $74.59 LARRY FARR $620.66 LARRY FARR $409.50 LARRY FARR $923.20 LARRY FARR $70.01 LARRY FARR $300.27 KAREN FORMANEK $26.41 KAREN FORMANEK $171.68 KAREN FORMANEK $181.88 KAREN FORMANEK $150.00 KAREN FORMANEK $4,600.80 MYCHAL FOWLDS $865.00 MYCHAL FOWLDS $66.45 MYCHAL FOWLDS $865.00 MYCHAL FOWLDS $1,032.95 MYCHAL FOWLDS $410.00 MYCHAL FOWLDS $33.90 MYCHAL FOWLDS $37.40 MYCHAL FOWLDS $61.65 MYCHAL FOWLDS $112.05 MYCHAL FOWLDS $190.88 NICK FRANZEN $39.44 NICK FRANZEN $129.90 NICK FRANZEN $39.94 NICK FRANZEN $785.68 NICK FRANZEN $45.00 DAVID GERMAIN $112.02 JEAN GLASS $23.46 JEAN GLASS $57.02 KAREN E GUILFOILE $92.55 KAREN E GUILFOILE $10.65 MARK HAAG $163.49 LORI HANSON $3.20 PATRICK HEFFERNAN $16.50 PATRICK HEFFERNAN $20.00 PATRICK HEFFERNAN $18.14 PATRICK HEFFERNAN $11.38 PATRICK HEFFERNAN $15.85 RICK HERLUND $20.19 RICK HERLUND $105.15 RON HORWATH $59.94 ANN E HUTCHINSON $1,156.59 DAVID JAHN $77.13 BERNARD R JUNGMANN $641.76 BERNARD R JUNGMANN $52.30 BERNARD R JUNGMANN $40.55 TOM KALKA $53.32 TOM KALKA $67.70 TOM KALKA $71.90 JASON KREGER $280.00 JASON KREGER $74.62 NICHOLAS KREKELER $20.25 LISA KROLL $99.23 LISA KROLL $102.49 LISA KROLL $54.73 LISA KROLL $868.28 LISA KROLL $63.70 LISA KROLL $103.28 LISA KROLL $92.85 LISA KROLL $73.96 LISA KROLL $265.00 STEVEN KUMMER $77.00 DAVID KVAM $150.00 RANDY LINDBLOM Packet Page Number Page 157 of 159 01/15/2009 01/16/2009 LAKE SUPERIOR COLLEGE $350.00 RANDY LINDBLOM 12/31/2008 01/05/2009 ASPEN MILLS INC. $99.50 STEVE LUKIN 01/04/2009 01/05/2009 WMS'WASTE MGMT WMEZPAY $375.59 STEVE LUKIN 01/05/2009 01/07/2009 ASPEN MILLS INC. $139.73 STEVE LUKIN 01/05/2009 01/07/2009 ASPEN MILLS INC. $53.50 STEVE LUKIN 01/09/2009 01/12/2009 MENARDS 3022 $15.95 STEVE LUKIN 01/13/2009 01/14/2009 ASPEN MILLS INC. ($133.43) STEVE LUKIN 01/13/2009 01/14/2009 METRO FIRE $862.88 STEVE LUKIN 01/13/2009 01/14/2009 METRO FIRE $381.97 STEVE LUKIN 01/13/2009 01/14/2009 ASPEN MILLS INC. $230.36 STEVE LUKIN 01/13/2009 01/15/2009 ASPEN MILLS INC. $560.00 STEVE LUKIN 01/14/2009 01/15/2009 METRO FIRE $325.00 STEVE LUKIN 01/14/2009 01/15/2009 CUB FOODS, INC. $45.24 STEVE LUKIN 01/15/2009 01/16/2009 DE LAGE LANDEN OP01 OF 01 $379.14 STEVE LUKIN 01/06/2009 01/07/2009 HENRIKSEN ACE HARDWARE $11.15 MARK MARUSKA 01/06/2009 01/09/2009 AMERICAN FASTENER &SUPPL $33.57 MARK MARUSKA 01/13/2009 01/14/2009 G & K SERVICES 006 $462.02 MARK MARUSKA 12/31/2008 01/05/2009 SHRED-IT $20.25 ROBERT MITTET 01/02/2009 01/05/2009 FSH COMMUNICATION01 OF 01 $63.90 ROBERT MITTET 01/12/2009 01/13/2009 VZWRLSS'APOCC VISN $173.30 ROBERT MITTET 01 /06/2009 01 /07/2009 M N LA $120.00 BRYAN NAG E L 01/07/2009 01/08/2009 RED WING SHOE STORE $165.00 BRYAN NAGEL 01/12/2009 01/13/2009 LESCO SC 0530 $514.02 JOHN NAUGHTON 01/13/2009 01/14/2009 G & K SERVICES 006 $1,002.06 AMY NIVEN 01/13/2009 01/14/2009 G & K SERVICES 006 $317.90 AMY NIVEN 01/13/2009 01/14/2009 G & K SERVICES 006 $204.83 AMY NIVEN 01/13/2009 01/15/2009 OFFICE DEPOT #1090 $171.65 AMY NIVEN 01/13/2009 01/15/2009 OFFICE DEPOT #1105 $73.97 AMY NIVEN 01/08/2009 01/12/2009 OFFICE DEPOT #1090 $60.77 MARY KAY PALANK 01/01/2009 01/05/2009 THE HOME DEPOT 2801 $4.21 ROBERT PETERSON 01/02/2009 01/05/2009 HENRIKSEN ACE HARDWARE $4.26 ROBERT PETERSON 01/11/2009 01/13/2009 THE HOME DEPOT 2801 $69.91 ROBERT PETERSON 12/29/2008 01/07/2009 ADVANCED GRAPHIC SYSTEMS $217.26 PHILIP F POWELL 12/29/2008 01/07/2009 ADVANCED GRAPHIC SYSTEMS $293.94 PHILIP F POWELL 12/29/2008 01/07/2009 ADVANCED GRAPHIC SYSTEMS $319.49 PHILIP F POWELL 12/29/2008 01/07/2009 ADVANCED GRAPHIC SYSTEMS $211.94 PHILIP F POWELL 01/05/2009 01/06/2009 RESTOCKIT/OFFICESUPPLYIT $133.46 PHILIP F POWELL 01/05/2009 01/07/2009 MIDWAY CONTAINER INC $189.65 PHILIP F POWELL 01/07/2009 01/08/2009 OPTICS PLANET INC $229.99 PHILIP F POWELL 01/07/2009 01/08/2009 BAR'BARCODES INC $89.57 PHILIP F POWELL 01/14/2009 01/15/2009 1-800-REMOTES $45.73 PHILIP F POWELL 01/02/2009 01/05/2009 GE CAPITAL $331.99 WILLIAM J PRIEFER 01/09/2009 01/12/2009 USPS 2663650015 $8.40 WILLIAM J PRIEFER 01/15/2009 01/16/2009 METRO SALES INC $983.63 WILLIAM J PRIEFER 12/31/2008 01/05/2009 FACTORY MOTOR PARTS #19 $134.45 STEVEN PRIEM 01/02/2009 01/05/2009 KATH AUTO PARTS NSP $476.16 STEVEN PRIEM 01/02/2009 01/05/2009 MTI TPEC $205.30 STEVEN PRIEM 01/05/2009 01/06/2009 E A T I $49.95 STEVEN PRIEM 01/05/2009 01/07/2009 TRUCK UTILITIES INC $58.60 STEVEN PRIEM 01/06/2009 01/07/2009 LARRY REIDS WHITE BEARD $35.66 STEVEN PRIEM 01/06/2009 01/07/2009 TRUCK UTILITIES INC $24.88 STEVEN PRIEM 01/06/2009 01/07/2009 TRUCK UTILITIES INC $108.40 STEVEN PRIEM 01/06/2009 01/08/2009 AGGRESSIVE HYDRAULICS $668.53 STEVEN PRIEM 01/06/2009 01/08/2009 ZARNOTH BRUSH WORKS $402.57 STEVEN PRIEM 01/06/2009 01/08/2009 TOUSLEY FORD 127200039 $314.56 STEVEN PRIEM 01/06/2009 01/08/2009 TOUSLEY FORD 127200039 $96.22 STEVEN PRIEM 01/06/2009 01/09/2009 AMERICAN FASTENER &SUPPL $214.71 STEVEN PRIEM 01/08/2009 01/09/2009 BAUER BULT TRE33200023 $749.11 STEVEN PRIEM 01/08/2009 01/12/2009 KATH AUTO PARTS NSP $97.75 STEVEN PRIEM 01/08/2009 01/12/2009 KATH AUTO PARTS NSP $84.45 STEVEN PRIEM 01/09/2009 01/12/2009 KATH AUTO PARTS NSP $56.24 STEVEN PRIEM 01/09/2009 01/12/2009 TRUCK UTILITIES INC $18.85 STEVEN PRIEM 01/09/2009 01/12/2009 PARTS ASSOCIATES INC $330.93 STEVEN PRIEM 01/09/2009 01/13/2009 BAUER BULT TRE33200023 $112.08 STEVEN PRIEM Packet Page Number Page 158 of 159 01/09/2009 01/14/2009 US AUTOFORCE $88.14 STEVEN PRIEM 01/12/2009 01/13/2009 TRUCK UTILITIES INC $61.25 STEVEN PRIEM 01/12/2009 01/14/2009 TOUSLEY FORD 127200039 $203.33 STEVEN PRIEM 01/13/2009 01/14/2009 SAFELITE/ELITE/AGS $214.65 STEVEN PRIEM 01/13/2009 01/15/2009 BAUER BULT TRE33200023 ($292.90) STEVEN PRIEM 01/13/2009 01/15/2009 KATH AUTO PARTS NSP $15.66 STEVEN PRIEM 01/14/2009 01/15/2009 BAUER BULT TRE33200023 $1,250.51 STEVEN PRIEM 01/14/2009 01/15/2009 E A T I $109.59 STEVEN PRIEM 01/14/2009 01/16/2009 KATH AUTO PARTS NSP $10.00 STEVEN PRIEM 01/14/2009 01/16/2009 FACTORY MOTOR PARTS #19 $260.91 STEVEN PRIEM 01/15/2009 01/16/2009 CATCO PARTS & SERV#14 $175.26 STEVEN PRIEM 12/31/2008 01/05/2009 SHRED-IT $56.61 KEVIN RABBETT 01/02/2009 01/05/2009 UNIFORMS UNLIMITED $2,425.99 KEVIN RABBETT 01/04/2009 01/05/2009 ACCURINT EOM AUTO P $47.25 KEVIN RABBETT 01/08/2009 01/08/2009 REG'REGONLINE $200.00 KEVIN RABBETT 01/08/2009 01/09/2009 HEALTHEAST TRANSPORTATN ($725.16) KEVIN RABBETT 01/08/2009 01/09/2009 HEALTHEAST TRANSPORTATN $725.16 KEVIN RABBETT 01/08/2009 01/09/2009 HEALTHEASTTRANSPORTATN $1,100.62 KEVIN RABBETT 01/08/2009 01/09/2009 BATTERIES PLUS $95.75 KEVIN RABBETT 01/10/2009 01/12/2009 GAMESTOP #5536 $117.89 KEVIN RABBETT 01/13/2009 01/13/2009 COMCAST CABLE COMM $34.00 KEVIN RABBETT 01/02/2009 01/05/2009 GE CAPITAL $43.77 TERRIE RAMEAUX 01/06/2009 01/07/2009 MN OCCUPATIONAL HEALTH $748.00 TERRIE RAMEAUX 01/14/2009 01/16/2009 THE STAR TRIBUNE CIRCULAT $223.08 TERRIE RAMEAUX 01/15/2009 01/16/2009 NOVACARE REHB/REACT $200.00 TERRIE RAMEAUX 01/15/2009 01/16/2009 POTBELLY 087 $120.18 TERRIE RAMEAUX 01/05/2009 01/06/2009 SUPREME AUDIO INC $212.00 NANCY RICHTER 01/02/2009 01/05/2009 TARGET 00011858 $10.66 AUDRA ROBBINS 01/08/2009 01/12/2009 TOYS R US #6046 ($5.33) AUDRA ROBBINS 01/08/2009 01/12/2009 TOYS R US #6046 $184.51 AUDRA ROBBINS 01/08/2009 01/12/2009 MICHAELS #3701 $3.52 AUDRA ROBBINS 01/08/2009 01/09/2009 NOTT COMPANY $366.38 ROBERT RUNNING 01/12/2009 01/13/2009 GRUBER'S POWER EQUIPME $53.20 ROBERT RUNNING 01/12/2009 01/13/2009 UNITED RENTALS $16.02 ROBERT RUNNING 01/12/2009 01/13/2009 GARCEAU HARDWARE AND POWE $109.24 ROBERT RUNNING 01/12/2009 01/13/2009 LTG POWER EQUIPMENT $450.28 ROBERT RUNNING 01/13/2009 01/14/2009 NOTT COMPANY $156.14 ROBERT RUNNING 01/14/2009 01/15/2009 NOTT COMPANY $62.74 ROBERT RUNNING 01/08/2009 01/09/2009 RED WING SHOE STORE $170.00 SCOTT SCHULTZ 01/12/2009 01/13/2009 FASTENAL CO-RETAIL $69.99 SCOTT SCHULTZ 01/05/2009 01/07/2009 UNIFORMS UNLIMITED INC $65.00 MICHAEL SHORTREED 01/06/2009 01/07/2009 BLAUER TACTICAL SYSTEMS U $749.00 MICHAEL SHORTREED 01/12/2009 01/14/2009 CLASSIC COLLISION CENT $251.85 MICHAEL SHORTREED 01/07/2009 01/09/2009 ADVANCED GRAPHIC SYSTEMS $146.97 ANDREA SINDT 01/08/2009 01/12/2009 OFFICE DEPOT #1090 $100.87 ANDREA SINDT 01/08/2009 01/12/2009 OFFICE DEPOT #1091 $28.81 ANDREA SINDT 01/09/2009 01/09/2009 IMPERIALTEXTILE.COM $70.95 PAULINE STAPLES 01/02/2009 01/05/2009 BATTERIES PLUS $17.81 SCOTT STEEPEN 01/14/2009 01/16/2009 OFFICE MAX $11.73 JAMES TAYLOR 01/09/2009 01/12/2009 MENARDS 3059 $64.97 TODD TEVLIN 01/09/2009 01/12/2009 FBI NATIONAL ACADEMY $77.00 DAVID J THOMALLA 01/10/2009 01/12/2009 NAPA AUTO PARTS 3279016 $6.07 DAVID J THOMALLA 01/06/2009 01/07/2009 U OF M CCE $265.00 MICHAEL THOMPSON 01/14/2009 01/15/2009 TEES PLUS $93.00 JOE TRAN 01/14/2009 01/16/2009 CPS INC-DARECATALOUGE.COM $496.72 JOE TRAN 01/08/2009 01/09/2009 USPS 2663650009 $35.02 KAREN WACHAL 01/12/2009 01/14/2009 S & T OFFICE PRODUCTS $11.59 KAREN WACHAL 01/08/2009 01/12/2009 ADVANCED GRAPHIC SYSTEMS $198.09 SUSAN ZWIEG 01/09/2009 01/12/2009 DALCO ENTERPRISES, INC $181.98 SUSAN ZWIEG 01/09/2009 01/12/2009 RELIABLE $74.84 SUSAN ZWIEG 01/13/2009 01/14/2009 RELIABLE $9.26 SUSAN ZWIEG TOTAL $60,927.34 Packet Page Number Page 159 of 159