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HomeMy WebLinkAbout2010 03-08 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,March 8, 2010 City Hall, Council Chambers Meeting No. 06-10 A.CALL TOORDER B.PLEDGE OFALLEGIANCE 1.AcknowledgementofMaplewood Residents Serving the Country. C.ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting ofthe Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules ofCivility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. At the podium pleasestate your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond to comments.” D.APPROVAL OFAGENDA E.APPROVAL OF MINUTES 1.Approval ofFebruary 22, 2010, City Council Workshop Minutes 2.Approval ofFebruary 22, 2010, City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Approval ofResolution ofSupport for a Purple Heart for Russell Anderson 2.Daffodil Presentation by the American Cancer Society – (No Report) CONSENT AGENDA – G.Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion ofthe council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1.Approval ofClaims 2.Approval ofTemporary Gambling Permit for Knights ofColumbus Council 4145 3.Consider Approval of2010 Gas and Diesel Fuel Contracts 4.Rice/36 Interchange Improvements, City Project 09-07, Resolution Approving Plans andAuthorizing Advertising for Bids 5.Life Station No. 8 Upgrades, Authorization to Proceed, City Project 10-01 6.Approval ofResolution AcceptingDonations tothe Fire Department In Memoryof Theodora Lenzmeierfrom: a.Allina Medical System b.Ruby Young and Todd Hayne c. Claude LaValle and Guylaine Lescarbeau d.Larry Betterman e.Tarry Town Village f. Winnie Anderson g.Lyle and LouAnne Krueger h.Laura and Mark Daniels i.Sharon Souba 7.Approval to Change Term Expiration DateofJe Moua - Housing Redevelopment Authority 8.Approval ofConditional Use Permit/Planned Unit Development Review – CarMax/Mogren Retail Addition, Highway 61 and Beam Avenue 9.Acceptance ofHistorical Preservation Commission 2009 Annual Report 10.Acceptance ofHistorical Preservation Commission 2010 Goals 11.Approval ofGoodrich Backstop Replacement 12.Approval ofResolution Supporting the Trout Brook Trail Master Plan 13.Approval ofCommunity Design Review Board 2009 Annual Report 14.Approval ofResolution ofAppreciation for Fish Creek Natural Area Greenway Commissioners 15.Approval ofResolution Accepting Donation to Maplewood Nature Center 16.Approval ofDelegation Agreement With Minnesota Department ofHealth 17.Approval of Holiday Differential Pay for Temporary Seasonal Community Center Employees 18.Approval to Increase Annual Fireworks Permit for Businesses Selling Only Fireworks 19.Approval to Increase the Fee for Annual Tobacco License 20.Approval of Commission Rules and Amendments to Commission Handbook 21.Approval of Yearly Replacement Purchase of Turnout Gear 22.Approval of Reimbursement of Funds to the Assistance to Firefighters Grant H.PUBLIC HEARINGS I.UNFINISHED BUSINESS J.NEW BUSINESS 1.Approval of On-Sale Intoxicating Liquor License – Samantha L. Thao, Owner/Manager Downtown Lav 52 Km 2.Approval of Resolution Providing for theCompetitive Negotiated Sale of $11,790,000 General Obligation Improvement Bonds, Series 2010A and $4,125,000 General Obligation Refunding Bonds, Series 2010B 3.Approve Rezoning From M1(Light Manufacturing) to R1 (Single Dwelling Residential) for 2255 DuluthStreet 4.Approve Rezoning From R1 (Single Dwelling Residential and BC (Business Commercial) to MU (Mixed Use) for Land Northwest of Arcade Street and Larpenteur Avenue 5.Consider a Resolution Supporting a Fiber Infrastructure Grant 6.Consider Approval of 2010 Cost of Living Adjustment (COLA) for City Manager 7.Consider Approval of 2011 Federal Appropriation Requests 8.Approval ofResolution Relocating Precinct 10 (Ramsey County Care Center) to Maplewood City Hall K.VISITOR PRESENTATIONS L.AWARD OFBIDS M.ADMINISTRATIVE PRESENTATIONS 1.Maplewood’s Extreme Green Makeover Campaign 2.Update On Fish Creek Conservation Development Concept N.COUNCIL PRESENTATIONS O.ADJOURNMENT Sign language Interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours Inadvance. 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 OFCIVILITY FOR OUR COMMUNITY Following are some rules ofcivility the City ofMaplewood expects ofeveryone appearing at Council Meetings – elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinionscan be heard and understoodina 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 toone another, keep emotions Incheck and use respectful language. THIS PAGE IS INTENTIONALLY LEFT BLANK Agenda Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP A.CALL TO ORDER B. ROLL CALL C.APPROVAL OF AGENDA D.UNFINISHED BUSINESS E.NEW BUSINESS 1.City Manager Performance Review Nays 2.Discussion on Relocation of Precinct 10 – Ramsey County Home 3.Reappointment to CDRB Interview for Matt Wise – 6:45 p.m. F. ADJOURNMENT Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OFAGENDA E. APPROVAL OF MINUTES 1.Approval of February 1, 2010, City Council Workshop Minutes 2.Approval of February 8, 2010, City Council Workshop Minutes 3.Approval of February 8, 2010, City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1.Police Department Awards 2.Resolution of Appreciation For Public Works Employee Jerry Meyer (40 Years of Service) RESOLUTION 10-02-342 OF APPRECIATION WHEREAS, Jerry Meyer has been an employee of the City of Maplewood for forty years, from February 1970 to February 2010 and has served faithfully in that capacity; and WHEREAS, the City of Maplewood has appreciated his loyalty, insights, and hard work; and WHEREAS, Mr. Meyer has contributed his skills and abilities for the betterment of the City ofMaplewood over a period of 40 years; and WHEREAS, Mr. Meyer has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City and its Citizens. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, that Jerry Meyer is hereby extended our gratitude and appreciation for his 40 years of dedicated service to the City. IT IS FURTHER RESOLVED that the Public Works Salt Shed is hereby named “Meyer’s Salt Shed” to reflect the immense contribution Mr. Meyer has made throughout his career with the City. Passed by the Maplewood City Council on February 22, 2010. 3.Ramsey/Washington Suburban Cable Commission Update – Kim Facile 4.Reappointment Of Matt Wise To The CDRB 5.Appointment To Fill Vacancy On The Housing Redevelopment Authority Created By Commissioner Resignation G. CONSENT AGENDA 1. Approval of Claims GRAND TOTAL 2.Resolution Accepting Donations To The Fire Department From Residential Mortgage Group RESOLUTION 10-02-343 AUTHORIZING GIFT TO CITY 3.Accept Donation of $20.00 In Memory Of Theodora Lenzmeier From Mr. and Mrs. Raymond Lenzmeier RESOLUTION 10-02-344 AUTHORIZING GIFT TO CITY 4.Accept Donation of $15.00 In Memory of Dotty Lenzmeier From Evelyn Luce RESOLUTION 10-02-345 AUTHORIZING GIFT TO CITY 5. Authorization to dispose of old financial records R E S O L U T I O N 10-02-346 6.Approval Of Spring 2010 Clean-Up Event 7.Conditional Use Permit Review – 3M Leadership Development Institute, 2350 Minnehaha Avenue 8.TH 61/Frost Avenue Improvements, Project 07-30, Resolution Approving Final Payment and Acceptance Of Project (Includes Change Order No. 1) RESOLUTION 10-02-347 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 07-30 (INCLUDES CHANGE ORDER NO. 1) 9.Approval For ATemporary Gambling Permit Resolution For Church Of St. Pascal Baylon RESOLUTION10-02-348 H. PUBLIC HEARING 1.Rice/36 Interchange Improvements, City Project 09-07 RESOLUTION 10-02-349 ORDERING IMPROVEMENT AFTER PUBLIC HEARING Financing Plan Rice/36 Interchange Improvements Special Assessments$120,000.00 Total$120,000.00 2.7:00 p.m. Conditional Use Permit/Planned Unit Development Ordinance Amendment – First Reading table table I.UNFINISHED BUSINESS 1.Conditional Use Permit Review and Liquor License Approval For Bruentrup Heritage Farm (2170 County Road D) J.NEW BUSINESS K.VISITOR PRESENTATIONS L.AWARD OF BIDS M.ADMINISTRATIVE PRESENTATIONS 1.Human Relations Commission – Discussion On Procedures For Consideration 2.Yellow Ribbon Communities – Discussion On Procedures For Consideration N.COUNCIL PRESENTATIONS O.ADJOURNMENT Item F1 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: March 1, 2010 RE: Approval of Resolution of Support for a Purple Heart for Russell Anderson Background Recently, on Veterans Day, fifth grade students from Weaver Elementary honored Infantryman Russell Anderson for his service in WWII. In preparation of honoring Mr. Anderson it was learned that he served two tours in WWII and was injured by enemy shrapnel on D-day. After being hospitalized for nine months, he was honorably discharged. Mr. Anderson, now 93 years old, has never received a Purple Heart for that injury. Weaver Elementary Grade 5 teacher, Ms. Sara Paul and the following students made a commitment to work on Mr. Andersons behalf to get his long overdue recognition in the form of a Purple Heart. Kayla Anderson Jada Harthan Jeffrey Munter Robert-Noel Anihbogu Miftah Hassan Emma Nelson Makda Araya Ashley Hermann Hayley Ness Nathanael Arnquist Nicole Jensen Gabriel Rodriguez Donch Jeni Barrera-Marin AmerLea Johnson Peterson Thao Tyler Bayers Brandon Johnson Naree Vue Anthony Benitez Mariah Larson Tianna Welk Madison Brenhofer Brandon Lee Ethan Yang Kevin Clothier Zoo Nkauj Lee Kevin Yang Cory Griffin Olivia Mortenson Elizabeth Zoya As part of their efforts they have asked his city of residence, Oakdale and surrounding communities to join in their efforts by approving a resolution of support for a Purple Heart for Mr. Anderson. Recommendation Approve the following Resolution supporting the efforts to award a Purple Heart to World War II Veteran Russell Anderson. RESOLUTION Supporting the Efforts to Award a Purple Heart to World War II Veteran Russell Anderson WHEREAS , Oakdale resident, Russell Anderson served two tours in World War II as an Infantryman for the Army and was honorably discharged; and WHEREAS , although wounded by enemy shrapnel during the battle on D-Day, June 6, 1944, and hospitalized for nine months, he did not receive a Purple Heart; and WHEREAS , the Purple Heart is awarded to members of the Armed Services who are wounded or killed in any action against an enemy of the United States or as a result of any act of any such enemy or opposing armed forces. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby supports efforts that would result in WWII Veteran Russell Anderson being awarded a Purple Heart resulting from being wounded during the battle of D-Day. th Approved this 8 Day of March, 2010 ______________________________ Mayor Will Rossbach ___________________________ Attest: Karen Guilfoile City Clerk G-1 AGENDA NO. AGENDA REPORT TO:City Council Finance Director FROM: RE:APPROVAL OF CLAIMS March 8, 2010 DATE: 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: $ 524,275.75Checks # 80653 thru # 80690 dated 02/16/10 thru 02/23/10 $ 118,063.61Disbursements via debits to checking account dated 02/12/10 thru 02/18/10 $ 413,356.29Checks # 80691 thru # 80734 dated 02/23/10 thru 03/02/10 $ 434,648.93Disbursements via debits to checking account dated 02/19/10 thru 2/26/10 $ 1,490,344.58Total Accounts Payable PAYROLL $ 507,254.31Payroll Checks and Direct Deposits dated 2/19/10 $ 2,229.75Payroll Deduction check # 1008671 thru # 1008672 dated 2/19/10 $ 509,484.06Total Payroll $ 1,999,828.64GRAND 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 Check Register City of Maplewood CheckDateVendorDescriptionAmount 524,275.75 38Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount TOTAL118,063.61 Check Register City of Maplewood CheckDateVendorDescriptionAmount 413,356.29 Checks in this report. 44 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount TOTAL434,648.93 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 02/19/10JUENEMANN, KATHLEEN416.42 02/19/10LLANAS, JAMES416.42 02/19/10NEPHEW, JOHN416.42 02/19/10ROSSBACH, WILLIAM473.15 02/19/10STRAUTMANIS, MARIS286.25 02/19/10WASILUK, JULIE416.42 02/19/10AHL, R. CHARLES4,917.95 02/19/10ANTONEN, JAMES5,300.00 02/19/10BURLINGAME, SARAH1,825.98 02/19/10CHRISTENSON, SCOTT1,962.49 02/19/10FARR, LARRY2,748.86 02/19/10JAHN, DAVID1,840.37 02/19/10RAMEAUX, THERESE3,030.67 02/19/10FORMANEK, KAREN1,762.17 02/19/10MITTET, ROBERT3,661.03 02/19/10ANDERSON, CAROLE3,214.44 02/19/10DEBILZAN, JUDY1,434.18 02/19/10JACKSON, MARY2,102.99 02/19/10KELSEY, CONNIE2,569.24 02/19/10LAYMAN, COLLEEN2,825.50 02/19/10CAREY, HEIDI2,494.95 02/19/10GUILFOILE, KAREN4,176.43 02/19/10KROLL, LISA2,196.38 02/19/10NEPHEW, MICHELLE649.35 02/19/10SCHMIDT, DEBORAH2,467.06 02/19/10SPANGLER, EDNA1,317.61 02/19/10THOMFORDE, FAITH1,035.00 02/19/10CORTESI, LUANNE1,215.44 02/19/10JAGOE, CAROL1,886.77 02/19/10KELLY, LISA1,305.06 02/19/10LARSON, MICHELLE1,607.38 02/19/10MECHELKE, SHERRIE1,487.32 02/19/10MOY, PAMELA1,498.54 02/19/10OSTER, ANDREA1,886.78 02/19/10WEAVER, KRISTINE2,181.35 02/19/10ARNOLD, AJLA1,280.00 02/19/10CORCORAN, THERESA1,882.15 02/19/10KVAM, DAVID4,168.15 02/19/10PALANK, MARY1,886.77 02/19/10POWELL, PHILIP2,901.35 02/19/10SVENDSEN, JOANNE2,081.79 02/19/10THOMALLA, DAVID4,936.26 02/19/10YOUNG, TAMELA1,882.15 02/19/10ABEL, CLINT2,988.56 02/19/10ALDRIDGE, MARK3,008.93 02/19/10BAKKE, LONN2,888.66 02/19/10BARTZ, PAUL3,313.71 02/19/10BELDE, STANLEY3,128.84 02/19/10BENJAMIN, MARKESE2,646.11 02/19/10BIERDEMAN, BRIAN3,463.38 02/19/10BOHL, JOHN3,528.75 02/19/10BUSACK, DANIEL3,383.09 02/19/10COFFEY, KEVIN2,914.02 02/19/10CROTTY, KERRY3,507.78 02/19/10DEMULLING, JOSEPH2,509.26 02/19/10DOBLAR, RICHARD3,576.98 02/19/10DUGAS, MICHAEL4,145.49 02/19/10FRITZE, DEREK2,845.84 02/19/10GABRIEL, ANTHONY3,233.28 02/19/10HAWKINSON JR, TIMOTHY2,442.68 02/19/10HER, PHENG2,150.10 02/19/10HIEBERT, STEVEN3,381.64 02/19/10JOHNSON, KEVIN4,425.49 02/19/10KALKA, THOMAS2,190.98 02/19/10KARIS, FLINT3,602.99 02/19/10KONG, TOMMY2,830.76 02/19/10KREKELER, NICHOLAS1,931.79 02/19/10KROLL, BRETT2,831.11 02/19/10LANGNER, TODD2,773.06 02/19/10LARSON, DANIEL394.23 02/19/10LU, JOHNNIE2,882.98 02/19/10MARINO, JASON2,987.41 02/19/10MARTIN, DANIEL3,627.15 02/19/10MARTIN, JERROLD2,988.56 02/19/10MCCARTY, GLEN3,011.74 02/19/10METRY, ALESIA2,773.06 02/19/10NYE, MICHAEL3,231.10 02/19/10OLSON, JULIE2,830.76 02/19/10RHUDE, MATTHEW3,182.48 02/19/10SHORTREED, MICHAEL4,060.51 02/19/10STEINER, JOSEPH3,079.87 02/19/10SYPNIEWSKI, WILLIAM2,773.06 02/19/10SZCZEPANSKI, THOMAS3,090.83 02/19/10TAUZELL, BRIAN1,887.11 02/19/10TRAN, JOSEPH3,093.12 02/19/10WENZEL, JAY2,987.41 02/19/10XIONG, KAO2,830.76 02/19/10BERGERON, JOSEPH3,859.45 02/19/10ERICKSON, VIRGINIA3,156.60 02/19/10FLOR, TIMOTHY2,971.78 02/19/10FRASER, JOHN3,399.81 02/19/10LANGNER, SCOTT2,983.45 02/19/10REZNY, BRADLEY2,281.60 02/19/10THEISEN, PAUL3,093.12 02/19/10THIENES, PAUL3,658.41 02/19/10BAUMAN, ANDREW2,537.49 02/19/10DAWSON, RICHARD2,855.67 02/19/10DOLLERSCHELL, ROBERT293.39 02/19/10EVERSON, PAUL2,857.20 02/19/10FOSSUM, ANDREW2,545.79 02/19/10HALWEG, JODI2,642.69 02/19/10JUNGMANN, BERNARD3,306.40 02/19/10LINDER, TIMOTHY2,382.67 02/19/10NOVAK, JEROME2,959.32 02/19/10OLSON, JAMES2,583.67 02/19/10PETERSON, ROBERT3,359.42 02/19/10PLACE, ANDREA2,506.11 02/19/10SEDLACEK, JEFFREY2,810.54 02/19/10STREFF, MICHAEL2,531.37 02/19/10SVENDSEN, RONALD3,271.65 02/19/10GERVAIS-JR, CLARENCE3,472.00 02/19/10LUKIN, STEVEN4,475.33 02/19/10ZWIEG, SUSAN2,234.15 02/19/10KNUTSON, LOIS1,958.95 02/19/10NIVEN, AMY1,440.77 02/19/10PRIEFER, WILLIAM2,713.17 02/19/10BRINK, TROY2,599.57 02/19/10BUCKLEY, BRENT2,290.16 02/19/10DEBILZAN, THOMAS2,408.83 02/19/10EDGE, DOUGLAS2,341.65 02/19/10JONES, DONALD2,327.34 02/19/10MEISSNER, BRENT2,045.95 02/19/10NAGEL, BRYAN3,326.49 02/19/10OSWALD, ERICK2,630.46 02/19/10RUNNING, ROBERT2,640.31 02/19/10TEVLIN, TODD2,529.30 02/19/10BURLINGAME, NATHAN1,901.35 02/19/10DUCHARME, JOHN2,514.24 02/19/10EATON, MEGAN412.75 02/19/10ENGSTROM, ANDREW2,473.87 02/19/10JACOBSON, SCOTT2,344.56 02/19/10JAROSCH, JONATHAN2,742.64 02/19/10KREGER, JASON2,286.39 02/19/10KUMMER, STEVEN3,063.75 02/19/10LINDBLOM, RANDAL2,713.97 02/19/10LOVE, STEVEN3,140.29 02/19/10THOMPSON, MICHAEL3,945.90 02/19/10ZIEMAN, SCOTT138.60 02/19/10EDSON, DAVID2,454.15 02/19/10HINNENKAMP, GARY2,417.34 02/19/10MARUSKA, MARK5,433.11 02/19/10NAUGHTON, JOHN2,164.35 02/19/10NORDQUIST, RICHARD2,283.63 02/19/10SCHINDELDECKER, JAMES2,129.97 02/19/10BIESANZ, OAKLEY1,485.05 02/19/10DEAVER, CHARLES739.51 02/19/10GERNES, CAROLE274.50 02/19/10HAYMAN, JANET1,716.61 02/19/10HUTCHINSON, ANN2,622.80 02/19/10SOUTTER, CHRISTINE190.63 02/19/10WACHAL, KAREN780.08 02/19/10GAYNOR, VIRGINIA3,058.69 02/19/10BEHM, LOIS82.50 02/19/10FRY, PATRICIA1,953.26 02/19/10KONEWKO, DUWAYNE4,390.46 02/19/10SINDT, ANDREA2,034.95 02/19/10THOMPSON, DEBRA797.42 02/19/10EKSTRAND, THOMAS3,800.52 02/19/10MARTIN, MICHAEL2,530.95 02/19/10BRASH, JASON2,154.15 02/19/10CARVER, NICHOLAS3,211.95 02/19/10FISHER, DAVID3,778.99 02/19/10SWAN, DAVID2,686.95 02/19/10WELLENS, MOLLY1,719.67 02/19/10ANZALDI, MICHAEL198.00 02/19/10BERGER, STEPHANIE305.25 02/19/10BJORK, BRANDON409.75 02/19/10FRANK, PETER305.00 02/19/10JANASZAK, MEGHAN621.44 02/19/10KOHLMAN, JENNIFER187.31 02/19/10ROBBINS, AUDRA2,847.74 02/19/10ROBBINS, CAMDEN135.00 02/19/10SCHAAF, JARED208.00 02/19/10SCHALLER, SCOTT152.25 02/19/10SHERRILL, CAITLIN515.51 02/19/10TAYLOR, JAMES2,458.82 02/19/10ADAMS, DAVID1,719.12 02/19/10GERMAIN, DAVID2,167.09 02/19/10HAAG, MARK2,563.21 02/19/10SCHULTZ, SCOTT2,776.06 02/19/10ANZALDI, MANDY1,876.12 02/19/10BRENEMAN, NEIL1,939.70 02/19/10CRAWFORD - JR, RAYMOND881.31 02/19/10EVANS, CHRISTINE1,320.62 02/19/10FABIO-SHANLEY, MICHAEL230.44 02/19/10GLASS, JEAN2,103.67 02/19/10HANSEN, LORI2,912.02 02/19/10HER, CHONG219.00 02/19/10HER, PETER286.83 02/19/10HOFMEISTER, MARY1,141.77 02/19/10HOFMEISTER, TIMOTHY374.13 02/19/10LAMB, JACQUELINE234.00 02/19/10OLSON, SANDRA84.00 02/19/10PELOQUIN, PENNYE613.96 02/19/10PENN, CHRISTINE2,094.61 02/19/10SCHOENECKER, LEIGH655.25 02/19/10STARK, SUE315.00 02/19/10VANG, KAY305.26 02/19/10VUE, LOR PAO165.00 02/19/10AICHELE, MEGAN101.00 02/19/10AMUNDSON, DANIKA91.44 02/19/10ANDERSON, MAXWELL235.63 02/19/10BAUDE, SARAH35.50 02/19/10BIGGS, ANNETTE109.65 02/19/10BRENEMAN, SEAN93.40 02/19/10BRUSOE, AMY128.70 02/19/10BRUSOE, CRISTINA269.20 02/19/10BUCKLEY, BRITTANY149.23 02/19/10CAMPBELL, JESSICA184.00 02/19/10CLARK, PAMELA168.75 02/19/10COLEMAN, DAYSHIA56.19 02/19/10DEMPSEY, BETH330.75 02/19/10DUNN, RYAN1,818.35 02/19/10ERICKSON-CLARK, CAROL98.00 02/19/10GRUENHAGEN, LINDA303.30 02/19/10HANSEN, HANNAH71.94 02/19/10HEINRICH, SHEILA342.50 02/19/10HOLMBERG, LADONNA791.00 02/19/10HORWATH, RONALD2,589.01 02/19/10JOYER, JENNA92.24 02/19/10KOGLER, RYAN242.20 02/19/10KOHLER, ROCHELLE51.00 02/19/10KRONHOLM, KATHRYN1,104.47 02/19/10KURZHAL, ALISON317.36 02/19/10MANZELLA, TERESA34.00 02/19/10MATESKI, WAYNE25.00 02/19/10MATHEWS, LEAH86.63 02/19/10MCCANN, NATALIE63.00 02/19/10MCCARTHY, ERICA122.50 02/19/10NADEAU, KELLY132.88 02/19/10PEHOSKI, JOEL100.00 02/19/10PROESCH, ANDY942.72 02/19/10RENFORD, NATHAN236.64 02/19/10RENFORD, NICHOLAS76.13 02/19/10RICHTER, DANIEL90.00 02/19/10RICHTER, NANCY1,894.75 02/19/10RONNING, ISAIAH137.23 02/19/10SCHAEFER, NATALIE24.13 02/19/10SCHREIER, ROSEMARIE177.50 02/19/10SCHUNEMAN, GREGORY79.03 02/19/10SJERVEN, BRENDA153.00 02/19/10SKAAR, SAMANTHA114.00 02/19/10SKUNES, KELLY90.25 02/19/10SMITH, ANN178.20 02/19/10SMITLEY, SHARON226.35 02/19/10TREPANIER, TODD440.00 02/19/10TUPY, ELIANA102.00 02/19/10TUPY, HEIDE133.20 02/19/10TUPY, MARCUS322.70 02/19/10WARNER, CAROLYN233.10 02/19/10WEDES, CARYL98.00 02/19/10WEEVER, NAOMI123.25 02/19/10WOLFGRAM, TERESA33.78 02/19/10WOODMAN, ALICE138.00 02/19/10YOUNCE, BLAISE54.38 02/19/10BOSLEY, CAROL295.20 02/19/10GIERNET, ASHLEY36.13 02/19/10LANGER, CHELSEA36.13 02/19/10LANGER, KAYLYN131.75 02/19/10SATTLER, MELINDA157.50 02/19/10SAVAGE, KAREN61.75 02/19/10ZAGER, LINNEA352.38 02/19/10BEHAN, JAMES2,210.22 02/19/10BOWMAN, MATTHEW325.20 02/19/10COLEMAN, PATRICK224.75 02/19/10CURRAN, JAMES126.00 02/19/10DOUGLASS, TOM1,418.36 02/19/10JOHNSON, JUSTIN211.00 02/19/10LONETTI, JAMES480.00 02/19/10MALONEY, SHAUNA159.50 02/19/10PRINS, KELLY1,278.42 02/19/10REILLY, MICHAEL1,915.75 02/19/10SCHOENECKER, KYLE145.00 02/19/10THOMPSON, BENJAMIN161.31 02/19/10VALERIO, TARA247.00 02/19/10WILLIAMS, DAELA168.56 02/19/10FINWALL, SHANN3,138.95 02/19/10AICHELE, CRAIG2,205.61 02/19/10PRIEM, STEVEN2,434.10 02/19/10WOEHRLE, MATTHEW2,247.23 02/19/10BERGO, CHAD2,651.63 02/19/10FOWLDS, MYCHAL3,320.72 02/19/10FRANZEN, NICHOLAS2,309.68 02/19/10PALMA, STEVEN2,503.12 100860102/19/10TAUBMAN, KEVIN260.00 100860202/19/10WELCHLIN, CABOT3,349.05 100860302/19/10HENDRICKSON, NICHOLAS1,023.20 100860402/19/10KUBAT, ERIC1,023.20 100860502/19/10HELCL, JOHN322.40 100860602/19/10ABRAHAMSON, AMANDA100.00 100860702/19/10ABRAHAMSON, TYLER100.00 02/19/10BONKO, NICHOLAS37.50 1008608 02/19/10BROZAK, NICHOLAS173.25 1008609 02/19/10BUCZKOWSKI, ALAN136.00 1008610 02/19/10BURBUL, ALEXIS25.00 1008611 02/19/10CHAMBERLAIN, JAMIE25.50 1008612 02/19/10CHEZIK, CARLEY68.00 1008613 02/19/10DEBILZAN, COLE16.00 1008614 02/19/10ELBERT, TA'KENDRA24.00 1008615 02/19/10FERNANDEZ, JOSEPH208.00 1008616 02/19/10FRANK, SARAH123.75 1008617 02/19/10GEBHARD, MADELINE235.00 1008618 02/19/10GEISER, EMILY25.50 1008619 02/19/10GREENER, DOUGLAS102.00 1008620 02/19/10MALLET, AMANDA255.00 1008621 02/19/10MASON, KYLE22.50 1008622 02/19/10MASON, LAURA25.50 1008623 02/19/10MUELLNER, CHADD76.50 1008624 02/19/10NELSON, KIRSTEN39.00 1008625 02/19/10ORTT, MATTHEW108.00 1008626 02/19/10SERGOT, COLLIN180.00 1008627 02/19/10SNYDER, JOSHUA296.00 1008628 02/19/10TARR-JR, GUS30.00 1008629 02/19/10VERMILYEA, ABBY22.50 1008630 02/19/10VUKICH, CANDACE116.00 1008631 02/19/10YORKOVICH, BENJAMIN42.50 1008632 02/19/10YORKOVICH, JENNA40.00 1008633 02/19/10SMITH, TERRENCE28.00 1008634 02/19/10BUESING, DYLAN22.05 1008635 02/19/10CRANDALL, KRISTA62.00 1008636 02/19/10DESPEN, DESIREE21.75 1008637 02/19/10FLUEGEL, LARISSA58.00 1008638 02/19/10GIPPLE, TRISHA43.50 1008639 02/19/10JOHNSON, BARBARA42.00 1008640 02/19/10LAMSON, KEVIN44.10 1008641 02/19/10MCCORMACK, MELISSA54.67 1008642 1008643 02/19/10MCLAURIN, CHRISTOPHER364.00 100864402/19/10MCMAHON, MELISSA53.13 100864502/19/10MCMAHON, MICHAEL52.95 100864602/19/10MORIS, RACHEL80.00 100864702/19/10NORTHOUSE, KATHERINE23.25 100864802/19/10NWANOKWALE, EMMA56.19 100864902/19/10PIEPER, THEODORE18.75 02/19/10RONNING, ZACCEUS65.70 1008650 02/19/10ROSTRON, ROBERT474.53 1008651 02/19/10SCHMIDT, JOHN90.00 1008652 02/19/10VIMR, CAYLA50.75 1008653 02/19/10AUMOCK, KELLY63.00 1008654 02/19/10BUHR, KAYLA63.00 1008655 02/19/10DANIEL, BREANNA154.25 1008656 02/19/10DELACROIX, RYAN137.50 1008657 02/19/10EVERSON, SARAH56.00 1008658 02/19/10HER, KIM45.85 1008659 02/19/10HITE, ANDREA99.00 1008660 02/19/10LUHMAN, KAYLA63.00 1008661 02/19/10LUHMAN, LISA63.00 1008662 02/19/10PENN, CAYLA99.00 1008663 02/19/10PERCHYSHYN, ALLYSON56.00 1008664 02/19/10SELBY, JOSEPH63.00 1008665 02/19/10TUMM, SARA63.00 1008666 02/19/10TVEDT, KELLY63.00 1008667 02/19/10SCHULZE, KEVIN480.00 1008668 02/19/10SEPPI, LEAH210.25 1008669 02/19/10STEFFEN, MICHAEL174.00 1008670 507,254.31 Trans DatePosting DateMerchant NameTrans AmountName TOTAL $48,959.03 THIS PAGE IS INTENTIONALLY LEFT BLANK Agenda Item G2 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: March 2, 2010 SUBJECT: Knights of Columbus Council #4145 Temporary Gambling Permit Resolution Introduction An application has been submitted for a temporary gambling permit by James D. Crews on behalf of Knights of Columbus Council 4145, 3722 Centerville Road, Vadnais Heights. The permit is for a raffle with the proceeds benefiting the Knights of Columbus Council 4145. The event will be held at the Guldens Restaurant, 2999 Maplewood Drive on Wednesday, May 5, 2010 from 6:00 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 permit for lawful gambling is approved for the Knights of Columbus Council 4145, 3722 Centerville Road, Vadnais Heights to be used on Wednesday, May 5, 2010 at Gulden’s Restaurant, 2999 Maplewood Drive. 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 Knights of Columbus Council 4145. THIS PAGE IS INTENTIONALLY LEFT BLANK AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Public Works Director SUBJECT: Consider Approval of 2010 Gas and Diesel Fuel Contracts DATE: February 18, 2010 INTRODUCTION The council will consider approving the 2010 gas and diesel fuel contracts with Yocum Oil. DISCUSSION Staff has worked closely over the past weeks with fuel providers to explore locking in gas and diesel prices for the remainder of the year. 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. The City of Maplewood only accounts for a small portion of the overall group. Gas and diesel prices have been locked in for a 10 month period with fixed rates. For January and February fuel was purchased off the rack and Yocum has always had the most competitive rates compared to other fuel providers. The fuel contracts are a good deal for the City relating to lock-in rates and they also provide the stability of knowing the total expenditures for the remainder of 2010 for fuel. A budget savings is realized as discussed in the section below. The contracts are attached. BUDGET The City secured a price of $2.15/gallon for gas over a 10 month contract period (March-Dec) for 58,000 gallons. And shortly thereafter the City locked in diesel fuel pricing at $2.30 per gallon also for a 10 month contract period (March-Dec) for 30,000 gallons. The fuel prices were higher earlier in the year, but after price drops in both gas and diesel the rates were quickly locked-in with Yocum Oil. A savings of over $20,000 will be realized over the 10 month contract period given that $2.60/gallon was the budgeted allotment for 2010. This is in addition to the savings from the first two months where rack prices were below the 2010 budgeted price per gallon. RECOMMENDATION It is recommended that the council ratify the 2010 gas and diesel fuel contracts with Yocum Oil. Attachments: 1. Yocum Oil – 2010 Gas Contract (March-December) 2. Yocum Oil – 2010 Diesel Contract (March-December) THIS PAGE IS INTENTIONALLY LEFT BLANK AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Pubic Works Director SUBJECT: Rice/36 Interchange Improvements, City Project 09-07, Resolution Approving Plans and Authorizing Advertising for Bids DATE: February 25, 2010 INTRODUCTION The public hearing for this project was held at 7:00 p.m. on Monday, February 22, 2010. The city council ordered the improvement following the public hearing. Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids by Ramsey County. BACKGROUND The council ordered the project after conducting a public hearing on February 22, 2010 for the Trunk Highway (TH) 36/Rice Street (CSAH 49) Interchange Improvements, Maplewood City Project 09-07. The project is being led by Ramsey County and includes interchange and roadway reconstruction, drainage, and utility improvements along Rice Street, County Road B West, Minnesota Avenue, and County Road B2 West in the Cities of Maplewood, Roseville, and Little Canada. The city needs to approve the plans for the project in order for the County to move forward towards bidding and awarding a construction contract. The cities of Little Canada and Roseville are also approving plans on a similar schedule. BUDGET The City of Maplewood’s share of the project cost is a minor portion of the $27 million project. Maplewood is currently set to contribute approximately $120,000. The financing plan was adopted on February 22, 2010 by the council reflecting this amount. RECOMMENDATION It is recommended that the city council approve the attached resolution for the Rice/36 Interchange Improvements, City Project 09-07: Approving Plans and Authorizing Advertising for Bids. Attachments: 1. Resolution Approving Plans and Advertising for Bids 2. Location Map RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on February 22nd, 2010, plans and specifications for Rice/36 Interchange Improvements, City Project 09-07, have been prepared by (or under the direction of) the County Engineer or its representative, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city engineer. 2. The city clerk authorizes Ramsey County to prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published according to current standards prior to the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by Ramsey County with date, time, and location. Only bids shall be considered if sealed and filed with a certified check or bid bond according to Ramsey County’s set guidelines. 3. Ramsey County or its authorized agent are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place to be determined, and to tabulate the bids received. The council will consider the award of a contract by providing bid concurrence at a regular city council after the bids are opened and tabulated by the County. Rice Street / TH 36 Interchange DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (November 2, 2009), The Lawrence Group;November 2, 2009 for County parcel and property records data; November 2009 for THIS PAGE IS INTENTIONALLY LEFT BLANK AGENDA REPORT TO: Jim Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director Scott Schultz, Utility / Fleet Superintendent Lift Station No.8 Upgrades, Authorization to Proceed, City Project 10-01 SUBJECT: DATE: February 19, 2010 INTRODUCTION The council will consider authorizing work to proceed in rehabilitating Lift Station No. 8. DISCUSSION The city owns and operates nine lift stations and is implementing a plan to make necessary upgrades. Lift Station No.8, located east of Desoto Street and north of Larpenteur Ave., was built in 1985 and is next in line for repairs. This sanitary sewer lift station receives flows from Sewer District No. 7. This station is in need of upgrades to improve the pumping efficiency and decrease the annual maintenance costs. Currently this lift station operates as a dry well - wet well system. The pumps and valves are showing increased inefficient operation, and are located in an undersized dry well, making it difficult to perform necessary routine maintenance. This work is required to also prevent sewage backups and system failures. The improvements to the lift station include renovating the current wet/dry well system to a more maintenance friendly, cost effective submersible system. The station will be equipped with new submersible pumps, new valves and valve vault, and new control cabinet. BUDGET As part of the adopted five year capital improvement plan (2010-2014), $150,000 is identified in years 2011, 2012, and 2014 ($450,000) to finish the lift station upgrades. The project is proposed to move forward based on the condition of the lift station and also the availability of funds in the Sewer Fund. Lift Station No. 8 is one of the last major refurbishments needed in the city and the Sewer Fund can cover expenditures. The project cost is estimated to be approximately $260,000.00. If this project proceeds, the capital outlay of $300,000 in the CIP (years 2011 and 2012) will be removed reflecting the advance of the project. RECOMMENDATION It is recommended the council provide authorization to proceed with upgrades to Lift Station No.8 and utilize the services of SEH, Inc. as the project engineer. Attachments 1. Location Map Lift Station #8 DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (February 1, 2010), The Lawrence Group;February 1, 2010 for County parcel and property records data; February 2010 for commercial Agenda Item G6 AGENDA REPORT TO: James Antonen,City Manager FROM: Steve Lukin, Fire Chief SUBJECT:Resolution Accepting Donations to the Fire Department DATE: February 22, 2010 INTRODUCTION The fire department has received donations from the following in loving memory of Theodora Lenzmeierand city council approval is required before these donationscan be accepted: $75.00 from Allina Medical System, $50.00 from Claude LaVallee and Guylaine Lescarbeau, $20.00 from Larry Betterman, $50.00 from Laura and Mark Daniels, $10.00 from Lyle and LouAnne Krueger, $35.00 from Ruby Young and Todd Hayne, $25.00 from Sharon Souba, $100.00 from Tarry Town Village and $25.00 from Winnie Anderson. RECOMMENDATION I recommend that the city councilapprove to accept the donationsin the amount of $390.00 and that the necessary budget adjustments be made so the funds can be expended by the fire department as needed. RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Allina Health System, Claude LaValle and Guylaine Lesacarbeau, Larry Betterman, Laura and Mark Daniels, Lyle and LouAnne Krueger, Ruby Young and Todd Hayne, Sharon Souba, Tarry Town Village and Winnie Anderson wish to grant the city of Maplewood the following: $390.00 and; WHEREAS, Allina Health System,Claude LaValle and Guylaine Lesacarbeau, Larry Betterman, Laura and Mark Daniels, Lyle and LouAnne Krueger, Ruby Young and Todd Hayne, Sharon Souba, Tarry Town Village and Winnie Anderson have instructed that the City will be required to use the aforementioned for: use by the fire department to directly improve the community in memory of Theodora Lenzmeier, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on ________________________________, 20______. Signed: Signed: Witnessed: ________________________ _________________________ __________________________ (Signature) (Signature) (Signature) Mayor ____Chief of Fire City Clerk__________________ (Title) (Title) (Title) ________________________ _________________________ __________________________ (Date) (Date) (Date) Agenda Item G7 AGENDA REPORT TO : James W. Antonen, City Manager FROM: Charles Ahl, Assistant City Manager SUBJECT: Approval to Change Term Expiration Date of Je Moua - Housing Redevelopment Authority DATE:March 2, 2010 INTRODUCTION/SUMMARY On February 22, 2010, the City Council appointed Je Moua to fill the vacancy on the Housing Redevelopment Authority created by Joshua Richter’s resignation. The agenda report for the recommendation to appoint Mr. Moua incorrectly stated the term expiration date to be January 25, 2011. The correct term expiration date should be February 25, 2011. RECOMMENDATION It is recommended that the City Council motion to change Mr. Moua’s term expiration date from January 25, 2011 to February 25, 2011. THIS PAGE IS INTENTIONALLY LEFT BLANK MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director CarMax and Mogren Retail Addition – Annual Conditional SUBJECT: Use Permit Review LOCATION: Highway 61 and Beam Avenue DATE: February 26, 2010 INTRODUCTION The conditional use permit (CUP) review for the CarMax Automobile Dealership and the Mogren Retail Addition planned unit development (PUD) at the northeast corner of Highway 61 and Beam Avenue are due for their annual review. This PUD allows the commercial development of four sites that are part of the Mogren Retail Addition. The CarMax dealership consists of used auto sales and auto repair which required a CUP by city ordinance. Of the remaining three sites, Costco has been completed, but the city has not received any proposals yet for the other two sites. BACKGROUND Project Background December 12, 2006: The community design review board (CDRB) recommended approval of the CarMax plans. December 18, 2006: The city council approved a CUP for this PUD, the preliminary plat and approved the design plans. The council also adopted a resolution ordering the public improvements for the Mogren Retail Addition, which was then called the CarMax/Mogren Addition. January 9, 2007: The CDRB reviewed revisions to the building elevations and approved those changes. February 12, 2007: The city council approved the final plat. January 14, 2008 and March 9, 2009: The city council reviewed the CUP for this PUD and approved its continuance for another year. Code Requirement Section 44-1100 (a) of the city ordinances requires the periodic review of CUPs. This ordinance allows the council to specify a specific term or an indefinite term for subsequent reviews. Annual reviews are typical. DISCUSSION John J. McNamara IV, representing CarMax, informed staff that CarMax still plans on building their facility. They originally indicated that they would build the Maplewood dealership once they had their other Twin Cities locations in operation. These have not yet been built, but CarMax has made a substantial investment in the Maplewood project by their site preparation and still plans to build this facility once the economy improves. Refer to Mr. McNamara’s letter. The city should continue to review the CUP for CarMax and the PUD for the Mogren Retail Addition each year to monitor them for progress and condition compliance. RECOMMENDATION Review the conditional use permit for the CarMax conditional use permit and the Mogren Retail Addition planned unit development again in one year. p:sec 3\CarMax\CarMax CUP Rev 2 10 te Attachments: 1. Location Map 2. Project Site Plan 3. December 18, 2006 PUD Conditions 4. Letter from John J. McNamara IV dated February 2, 2010 2 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December 18, 2006 Council Chambers, City Hall Meeting No. 06-34 CONDITIONAL USE PERMIT RESOLUTION 06-12-156 FOR A PLANNED UNIT DEVELOPMENT WHEREAS, CarMax and Bruce Mogren applied for a conditional use permit for a planned unit development to develop a CarMax used-car dealership on the former Country View Golf Course property; WHEREAS, this permit applies to the northeast corner of Beam Avenue and Highway 61. The legal description is: Lot 1, CarMax/Mogren Addition WHEREAS, the history of this conditional use permit is as follows: 1. On December 5, 2006, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this conditional use permit. 2. The city council reviewed this request on December 18, 2006. The council considered the reports and recommendations of the city staff and planning commission. 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 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or 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. Approval is subject to the following conditions: 1. The development shall follow the plans date-stamped October 20, 2006, except where the city requires changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. This approval permits the development of the CarMax site subject to the conditions of the city council. The future development sites are not approved at this time. The developers of these sites must submit all necessary applications and materials for evaluation of those plans as required by the city ordinance. 5. If the watershed district allows their twin drainage pipes to be relocated above grade as an open channel, the PUD shall also require that all developments within the CarMax/Mogren Addition actively and regularly pick up all litter from their parking lots to keep debris from entering this open channel. 6. The applicants shall comply with the requirements in the Engineering Plan Review dated November 21, 2006, by Erin Laberee and Michael Thompson. 7. The applicants shall also comply with the requirements listed in these plan- review reports as follows: The Drainage and Wetland Report by DuWayne Konewko dated November 22, 2006. The wetland and rainwater garden landscaping comments by Ginny Gaynor dated November 22, 2006. 6 The watershed district comments by Tina Carstens dated November 21, 2006. 8. The outdoor vehicle storage area is allowed. The outward-facing façade of the screening wall shall be brick to match the building. 9. The pervious paving method proposed within the shoreland boundary area shall meet the requirements of the shoreland ordinance. This shall be subject to the approval of the city engineer. 10. Vehicle transports shall not use public right-of-way for loading or unloading. 11. The site plan shall be revised for the city engineer’s approval relocating the Highway 61 driveway to the north at County Road D. This driveway shall be located as far east as possible. This driveway shall remain gated at all times except when needed for vehicle test drives which is its proposed and permitted use. 12. The dealership shall not store any materials or supplies on the outside of the building, except for what they store in the dumpster enclosure. 13. The dealership shall only park vehicles on designated paved surfaces. 14. The applicants shall obtain any required permits from the Ramsey Washington Metro Watershed District, Ramsey County and the State of Minnesota and meet the requirements of those agencies. 15. The site plan shall be revised to move the driveway on Beam Avenue as far to the east as possible. This revision shall be subject to the approval of the city engineer. 16. The city engineer shall get the necessary approvals for wetland mitigation from the watershed district as part of the public improvements needed for this subdivision and development as stated in the report by DuWayne Konewko, Environmental Management Specialist. 17. All buildings, paving, unneeded utilities, etc. within the proposed subdivision shall be demolished and removed from the site by the applicants. 18. The applicants shall provide all development agreements, maintenance agreements and escrows required by the city. These agreements shall be executed and escrows paid before the issuance of building permits. Seconded by Councilmember Cave Ayes-All Councilmember Hjelle moved to approve the preliminary plat for the CarMax/Mogren Addition, subject to the following conditions: 1. Signing of the following agreements with the city: 7 A maintenance agreement, prepared by the city, for the rainwater gardens, ponds and sumps. The project plans shall clearly point out the maintenance access route to each garden, pond and basin. The developer/owner of the property will be responsible for all such maintenance. A development agreement with the city for the construction of the public road within the development site that will connect Beam Avenue to County Road D. 2. Revising the plat to rename all Outlot B with a lot and block number. 3. The applicants shall dedicate any easements that the city may require for drainage and utility purposes. 4. The name of the street shall be subject to the approval of the city’s public safety staff and city engineer. 5. The applicants shall pay the city escrow for any documents, easements and agreements that the city engineer may require that may not be ready by the time of plat signing. 6. The applicants shall comply with the requirements in the Engineering Plan Review dated November 21, 2006, by Erin Laberee and Michael Thompson. 7. The applicants shall also comply with the requirements listed in these plan- review reports as follows: The Drainage and Wetland Report by DuWayne Konewko dated November 22, 2006. The wetland and rainwater garden landscaping comments by Ginny Gaynor dated November 22, 2006. The watershed district comments by Tina Carstens dated November 21, 2006. Seconded by Councilmember Cave Ayes-All Councilmember Rossbach moved to direct the applicant provide a three dimensional cad drawing of the building elevations for submission to the Design Review Board for their approval based upon previous suggestions by the board and city staff. Seconded by Councilmember Cave Ayes-All Councilmember Hjelle moved to adopt the following resolution ordering improvement after a public hearing for the proposed public improvements for the CarMax/Mogren Addition Improvements: 8 RESOLUTION 06-12-157 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 27th day of November, 2006, fixed a date for a council hearing on the proposed public improvements for the CarMax/Mogren Addition Improvements, City Project 06- 17. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on December 18, 2006, 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 public improvements to the proposed CarMax/Mogren Addition Improvements, City Project 06-17. 2. Such improvement is hereby ordered as proposed in this council resolution adopted the 18th day of December 2006. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 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 $4,416,000 shall be established. The proposed financing plan is as follows: Developer Assessments $ 3,394,600 (76.9%) City of Maplewood – MSAS Bond Funds $ 517,550 (11.7%) Ramsey County $ 292,550 (6.6%) MnDOT $ 211,300 (4.8%) Total $ 4,416,000 Seconded by Councilmember Cave Ayes-All A Comment from Councilmember Rossbach for the record: Although the Landform letter states otherwise, Councilmember Rossbach clarified that this site does and will generate traffic onto local streets. 9 MEMORANDUM TO: James Antonen, City Manager FROM: Ron Cockriel, Historical Preservation Commission - Chair SUBJECT:Historical Preservation Commission 2009 Annual Report DATE: February 22, 2010for the March 8, 2010 CC Meeting INTRODUCTION The Historical Preservation Commission (HPC) is submitting their annual report to the city council for review. 2009 ANNUAL REPORT Members The HPC consists of seven members appointed by the city council. Membership terms are for three years. The current membership is as follows: Commissioner Membership Began Term Expires Robert Creager 7-26-04 12-31-11 Lucille Aurelius 7-26-04 12-31-11 Richard Currie 7-26-04 12-31-11 Ron Cockriel 8-28-06 12-31-10 Al Galbraith 8-28-06 12-31-10 Peter Boulay 10-9-06 12-31-10 Caleb Anderson 2-25-08 12-31-10 On February 23, 2009, the city council re-appointed six commissioners to the HPC. Commissioners Creager, Aurelius, Currie, Cockriel, Galbraith, and Boulay were re-appointed to two and three year terms according to seniority to ensure staggering of term expiration dates. Meetings The HPC’s regularly scheduled meetings are the third Thursday of every month at 7:00 p.m. In 2009 the HPC held 10 meetings. Reviews and Accomplishments 1. Reviewed the 2030 Comprehensive Plan. 2. Started an annual report of accomplishments to submit to the city council. 3. Set six goals for 2009 as follows: Obtain Certified Local Government Status; education of history; repair the Gladstone informational kiosk; identify and recognize historic families, identify and recognize the history of geographic features and sites; and, create a heritage award. 4. Researched and worked towards obtaining Certified Local Government Status a. Worked on amending the existing HPC ordinance b. Identified significant historical sites c. Mapped significant historical sites d. Worked on completing a survey list of historical sites. 5. Reviewed following development proposals for historical preservation issues: a. CUP for Mountain of Fire & Miracles at 2020 Rice St b. Project from Mogren Brothers/Calco on White Bear Ave c. CUP for Waldorf School at 70 County Road B East d. CUP for FMHC T-Mobile at 1961 County Road C e. CUP for Bruentrup Heritage Farm at 2170 County Road D f. 40 Unit Building – Century Trails Apartment – CommonBond Communities 6. Repaired the Gladstone informational kiosk. 7. Worked on identifying and recognizing historic families. 8. Worked on identifying and recognizing the history of geographic features such as lakes and site, etc. 9. Presented a proclamation and a time capsule to the city council. 10. Supported a resolution of support for the Maplewood Area Historical Society’s efforts & their th celebration events for the 10 anniversary of moving the buildings to create the Bruentrup Heritage Farm. Outside Activities Several HPC members are also members of the Maplewood Area Historical Society. These HPC members worked collaboratively on several society events such as: Holiday & Spring Teas – Bruentrup Heritage Farm Ice Cream Social – Bruentrup Heritage Farm Ramsey County Fair Johnny Appleseed Days – Bruentrup Heritage Farm Halloween Hoedown – Maplewood Community Center Barn Dance – Bruentrup Heritage Farm Cemetery Tour – Forest Lawn Cemetery Quilting Bee - Bruentrup Heritage Farm Conclusion The Maplewood Historical Preservation Commission is committed to promoting the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of this area. RECOMMENDATION Approve the 2009 Historical Preservation Commission annual report. P:HPC 2009 Historical Preservation Commission Annual Report cc 3-8-2010 dgf 2 MEMORANDUM TO: James Antonen, City Manager FROM: David Fisher, Building Official DuWayne Konewko, Community Development & Parks Director SUBJECT: Historical Preservation Commission 2010 Goals DATE: February 22, 2010, for the March 8, 2010 CC Meeting INTRODUCTION On February 18, 2019, the Historical Preservation Commission (HPC) established their goals for 2010. The commission prioritized them as follows: To guide them in setting these goals, the HPC referred to the Historical Resources Chapter in the 2030 Comprehensive Plan and to the Historical Preservation Commission Ordinance statement of public policy and purpose. Goals 1. Continue to take all necessary measures to obtain Certified Local Government (CLG) status: a. Continue a historical site survey. b. Complete the HPC ordinance amendments - to ensure HPC has oversight of historical sites and that there is a public process in place when dealing with these sites. c. Apply to the State Historical Society for CLG status. 2. Continue education of history through events, publications and web. 3. Repair of Gladstone informational kiosk. 4. Continue to identify and recognize historic families. 5. Continue to identify and recognize the history of geographic features such as lakes, landscapes, etc. 6. Create Heritage Award and develop criteria for awarding people or places for their work in the field of history or for their historic character. 7. Continue to add links to the city website from the Maplewood Area Historical Society, Minnesota State Historical Society and other public websites. 8. Have guest speaker from a historical site give historical presentation to the commission. 9. Identify books, articles and media about Maplewood. Work with the Maplewood Library to provide the books, articles and media to the public. 10. Review photo of demolished buildings throughout the year and make it part of the HPC’s annual report. 11. Continue to promote, collaborate and work with the Maplewood Area Historical Society. RECOMMENDATION Approve the Historical Preservation Commission 2010 goals. P:HPC 2010 Goal for cc 3-8-10 dgf 2 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Jim Taylor, Recreation Program Supervisor SUBJECT:Approval of Goodrich Field #2 Backstop Replacement DATE: February 25, 2010 INTRODUCTION The Parks and Recreation Commission and city staff have identified the replacement of the backstop at Goodrich Park Field #2 as critical to the continued operations of the recreation division program as well as to meeting the needs of the residents. . BACKGROUND The backstops at Goodrich Park were installed in 1977 and are very much in need of improvement. In previous years, multiple repairs have needed to be made by park maintenance staff to keep the backstops functional. DISCUSSION Goodrich Park is an integral part to Maplewood’s recreation programs. During the 14 week summer softball program, over 100 adult teams play more than 50 games per week. Each team typically has 13 or 14 players which translates to well over 1,300 players on these fields each week. The fall softball program, which is not quite as large as the summer program, has 40 plus teams, and 500 plus players playing approximately 50 games per week for five weeks. It is important to recognize the significance of this program in the recreation program budget. The summer and fall adult softball programs annually produce in the neighborhood of $72,000 in revenue with $32,000 in expenditures. The $40,000 of excess revenue provides a vital subsidy to overhead costs of non-revenue producing recreation programs. It is essential to recognize that adult softball operates in a competitive market and the city needs to provide safe and attractive facilities to compete with surrounding communities. Staff has secured two bids for the replacement of the backstop at Goodrich Park Field #2. The low bid of $17,400.00 for this project is from Able Fence Inc. (See Attachment 1) FUNDING In CIP Project PM07.010 for Community Field Upgrades, the city has budgeted $60,000 of general levy money for 2010 projects with $25,000 of that budgeted for the replacement of one backstop at Goodrich Park. RECOMMENDATION Staff recommends the council approves the Community Development and Parks Director to enter into a contract with Able Fence Inc. for the replacement of the Goodrich Park Field #2 Backstop in the amount of $17,400. Attachments 1. Bids form Able Fencings and Keller Fence Company THIS PAGE IS INTENTIONALLY LEFT BLANK AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director SUBJECT:Approval of Resolution Supporting the Trout Brook Trail Master Plan DATE: March 2, 2010 for March 8, 2010 Council Meeting INTRODUCTION The Metropolitan Council’s 2030 Regional Parks Policy Plan identified the Trout Brook trail as a regional trail addition to the Regional Park System. This Trail is also in the City of Maplewood’s 2030 Comprehensive Plan as a proposed future trail connection. (See Attachment 1) . BACKGROUND Ramsey County and the City of Saint Paul have prepared a joint Regional Trail Master Plan for the Trout Brook Trail that is consistent with the Ramsey County Parks and Recreation System Plan as well as the City of Maplewood’s 2030 Comprehensive Plan. Staff will bring back discussions on Maplewood’s alignment options with the Parks and Recreation Commission and for City Council approval at future meetings. RECOMMENDATION It is recommended that the City Council approve the attached resolution for the Trout Brook Regional Trail Master Plan. (See Attachment 2) Attachments 1. Trout Brook Regional Trail Proposed Alignment 2. Resolution Approving Trout Brook Trail Master Plan %('& 475 6 COUNTY ROAD B 35E 25 Phalen-Keller Regional Park MT VERNON AVE Parkside Parkside ROSELAWN AVE Western Hills Western Hills SUMMER AVE 4765 49 Battle Creek Regional Park ± March 3, 2010 1ETPI[SSH4VSTSWIH4EVOW 8VEMPWERH3TIR7TEGI Existing Trails Parks Proposed Trails Open Space Existing Road Trails Government 05001,000250 Feet Proposed Road Trails Water Existing Sidewalks Proposed Sidewalks RESOLUTION APPROVING TROUT BROOK TRAIL MASTER PLAN Whereas, The City of Maplewood in its 2030 Comprehensive Master Plan recognizes the Trout Brook Trail as a significant regional and local trail connection; and Whereas, The Metropolitan Council’s 2030 Regional Parks Policy Plan, as adopted on June 9, 2005, identified the Trout Brook Trail as a regional trail addition to the Regional Park System and identified Ramsey County and the City of St. Paul as joint implementing agencies for the trail: and , WhereasIn order to qualify for regional park capitol funding, Ramsey County, City of Maplewood, and the City of Saint Paul are required to prepare a joint Master Plan for the trail that addresses the specific elements prescribed by the Metropolitan Council’s Regional Park Policy Plan; and Whereas, Ramsey County, City of Maplewood, and the City of Saint Paul have prepared a joint Regional Trail Master Plan for the Trout Brook Trail that is consistent with the Ramsey County Parks and Recreation System Plan which has been approved by the Ramsey County Board of Commissioners, and the Maplewood Parks and Recreation Commission; and Whereas, The Trout Brook Regional Trail Master Plan has been approved by the City of Saint Paul, Ramsey County Board of Commissioners, Ramsey County Parks Commission, and the Maplewood Parks and Recreation Commission; Now, Therefore, Be it Resolved, that the Maplewood City Council approves the Trout Brook Regional Trail Master Plan, dated October 2009, for submittal to the Metropolitan Council. Adopted this ___ day of _____________, 2010 __________________________________ _________________________________ Mayor City Clerk THIS PAGE IS INTENTIONALLY LEFT BLANK MEMORANDUM TO:James Antonen, City Manager FROM:Matt Ledvina,Community Design Review Board Chair Community Design Review Board 2008 Annual Report SUBJECT: DATE:February 9, 2010 INTRODUCTION Annually the community design review board (CDRB) reports the board’s actions and activities for the city councilfor the previous year. In 2009, the CDRB reviewed the following 18 items during its 11 meetings: Type of ProposalReviewed # New Development Proposals 4 1.Feed Products,North Office Building (1300 McKnight Road) 2.Mogren Office Building (South of 2607 White Bear Avenue) 3.Century Trails Senior Apartments (Benet Road and Monastery Way) 4. T-Mobile Telecommunications Monopole (1961 County Road C East) Expansions/Remodels 2 1.The Minnesota Waldorf School (70 County Road B East) 2.Ramsey County Park Shelters (Several locations) Miscellaneous Reviews and Actions 4 1.Amendment to the CDRB Rules of Procedure 2.Sign Code Amendments 3.Ashley Furniture Comprehensive Sign Plan Amendment (1770 County Road D) 4.Panera Bread Comprehensive Sign Plan Amendment (2515 White Bear Avenue) Type of Proposal, continuedReviewed # Special Projectsand Presentations8 1.2008 Annual Report 2.2030Comprehensive PlanUpdate 3.Sustainable Maplewood 4.University of Minnesota Urban Management Program 5.Commission Handbook Review 6.Vegetation Guidelines for Maplewood 7.Questions for CDRB Membership Interviews 8. 2009Summer Tour Total18 COMPARATIVE INFORMATION YearNumber of Items Reviewed 200325 200425 200527 200633 200727 2008 15 200918 MEMBERSHIP The CDRB consists of five members appointed by the city council. Membership terms are for two years, with extensions for additional terms approved by the city council. The current membership is as follows: Board MemberMembership BeganTerm Expires Ananth Shankar8/8/941/1/12 Matt Ledvina3/10/971/1/11 Matt Wise2/12/071/1/12 Jason Lamers5/26/091/1/12 Michael Mireau5/26/091/1/12 The terms of Linda Olson, Matt Ledvina and John Demko officially expired on January 1, 2009. The council reappointed Matt Ledvina on January26, 2009,whose membership will now end on 2 January1, 2011. Linda Olsonand John Demko did not seek reappointmentbut served until the appointment of new members.On May 11, 2009, the city council appointed Jason Lamers and Michael Mireau to two-year terms on the CDRB. The terms of Ananth Shankar and Matt Wise officially expired on January 1, 2010. The city council reappointed Ananth Shankarand Matt Wise to two-year terms. DISCUSSION 2009 Actions/Activities In 2009, the CDRB reviewed 18 items,around the same number of reviews as2008. The types of reviews by the CDRB leaned toward administrative projects and code amendments, which is a reflection of the state of the economy and its effect on Maplewood. The slowdown in the economy has given the CDRB a perfect opportunity to plan for future development. The CDRB expects this type of workto continue into 2010. The CDRBreviewed onenew housing project that will work to increase housing options within the city. The Century Trails Senior Apartmentsproject will add 40 new senior housing residential units. The CDRBalso worked on several key commercial and institutionalprojects in the city. The CDRB has consistently demonstrated keen interest and skill in their reviews of these development projects to ensure they are of the quality of design and materials that complement the surrounding areas and improves a site’s aesthetics. Another reason for the drop in reviews is that the city has seenthe amount of vacant land available for new developments diminish. In addition, many of the projects that occurred in 2009 were smaller in nature allowing citystaff to processmany of the city’s remodels and additions as 15-day reviews, as allowed by code, rather than the more formal review by the CDRB. Because of the developed nature of the city, many of the new commercial and residential developments reviewed by the CDRB are either redevelopment of existing buildings or in-fill development. The CDRB will continue to be a vital advisory board to the city council in the future, particularly with more redevelopment and in-fill development projects on the horizon. The CDRB has worked extensively on the city’s sign code for the past few years including recommending approval in 2009. The council adopted the majority of the sign code amendments on January 25, 2010. The city council also adopted the 2030 Comprehensive Plan, another long- termprojectin which the CDRB contributed, on January 25, 2010. 2010Activities In addition to itsdesign review duties, the CDRB lists these potential activities for 2010: 1.Have in-service training sessions or provide educational materials for the CDRB. Training topics might include sessions about in-fill development, development review process, and sustainable/green development. 2.The CDRB would like to have a work session where the board can learn more about sustainable building design. The CDRB would like to review what sustainable building plans, site plans and other documents should look like. In addition, the CDRB would like to have someguidance as to what are feasible and cost-effective solutions for sustainable building design. 3 3.The CDRB would like to start developing an identity or architectural theme for different parts of the city. As part of this, the CDRB would like to identify undeveloped areas or redevelopment opportunities where these standards could be implemented. 4.Develop policy guidelines for vegetation use along public rights-of-way. CONCLUSION In 2010, the CDRB will continue its dedication to the quality design of buildings and developments, ensuring a high quality of life for the citizens of Maplewood. RECOMMENDATION Approve the CDRB’s 2009 annual report. P\com-dev\community design review board\annual report (2009) 4 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Ginny Gaynor, Maplewood Natural Resources Coordinator SUBJECT: Resolution of Appreciation for Fish Creek Natural Area Greenway Ad-Hoc Commissioners DATE: March 1, 2010 for March 8, 2010 Council Meeting INTRODUCTION Attached is a resolution of appreciation for Fish Creek Natural Area Greenway Ad-Hoc Commissioners. Commissioners served the city from July 10, 2009 through February 8, 2010. COMMITTEE ACTION The Fish Creek Natural Area Greenway Ad-Hoc Commission was established in 2009 by Maplewood City Council to develop recommendations for protection and passive recreation in the Fish Creek Natural Area Greenway. Commissioners held several meetings, solicited public input, and presented their recommendations at a February 1, 2010 city council workshop. Council approved the recommendations on February 8, 2010. Under the leadership of Chair Ginny Yingling, the commission was able to complete its work in seven months. In addition to input from residents, the commission solicited input from staff and officials from adjacent communities and several other interested organizations. RECOMMENDATION Staff recommends City Council adopts the attached resolution of appreciation for Fish Creek Natural Area Greenway Ad-Hoc Commissioners. Attachment: Resolution of Appreciation Attachment1 RESOLUTION NO. _____ CITY OFMAPLEWOODMINNESOTA , RESOLUTION OF APPRECIATION FOR FISH CREEK NATURAL AREA GREENWAY AD-HOC COMMISSIONERS WHEREAS the following individuals were members of the Fish Creek Natural Area Greenway Ad-Hoc Commission: Cliff Aichinger Ron Cockriel John Moriarty Carolyn Peterson Ginny Yingling WHEREAS the commission served the city from July 10, 2009 to February 8, 2010; and WHEREAS commissioners researched options for protecting natural resources and opportunities for passive recreation in the Fish Creek Natural Area greenway; and WHEREAS commissioners developed recommendations and presented them to city council; and WHEREAS commissioners have freely given their time and energy, without compensation from the city, for the betterment of the City of Maplewood; and WHEREAS commissioners have shown dedication to their duties and have contributed their time, knowledge, and thoughtfulness to benefit the City; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Fish Creek Natural Area Greenway Ad-Hoc Commissioners are hereby extended our gratitude and appreciation for their dedicated service. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on ___________________________. SIGNED: WITNESSED: _________________________________ __________________________________ (Signature) (Signature) Mayor ___________________________ City Clerk___________________________ __________________________ (Date) ____________________________ (Date) MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Ann Hutchinson, Lead Naturalist SUBJECT: Approval of Resolution Accepting Donation to Maplewood Nature Center DATE: March 1, 2010 for March 8, 2010 Council Meeting INTRODUCTION thth The Maplewood Nature Center conducts an annual educational program for 4 through 6 grades, entitled “Where Two Worlds Meet,” which teaches children about the cultural and natural history of Minnesota in the year 1800. The nature center relies on volunteer contributions of time and donations to conduct the program. A number of historic replica items worth approximately$2,000 in value was donated to the nature center for use in this program by volunteer Jim Krache. Jim has been collecting various items such as replica period axes, beads, clothes, and furs that are used as teaching props in the program. Minnesota State Statute 465.03 states that gifts to municipalities shall be accepted by the governing body in the form of a resolution by a two-thirds vote. CONSIDERATION Approve the following resolution accepting the donation of these fur trade items worth $2,000. RESOLUTION ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Community Development and Parks Department has received a donation of fur trade items worth $2,000 for educational use at the nature center; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood and the Community Development and Parks Department to accept this donation. THIS PAGE IS INTENTIONALLY LEFT BLANK MEMORANDUM TO: James Antonen, City Manager FROM: Molly Wellens, RS, Health Officer DuWayne Konewko, Community Development and Parks Director SUBJECT: Approval of the Delegation Agreement with the Minnesota Department of Health DATE: March 3, 2010 for March 8, 2010 Council Meeting INTRODUCTION The Commissioner of Health is responsible for the regulation of Environmental Health services (which include food, beverage, and lodging facilities, and public swimming pools) and Non- Community Water Supplies (wells). Minnesota Chapter 145A.07 allows the Commissioner of Health to delegate the responsibility of regulating all or some of these facilities to local (city or county) agencies. This responsibility has been delegated by the Commissioner to 42 local agencies. Maplewood is one of these delegated agencies. The current Delegation Agreements are more than 2 (two) decades old. All agencies wishing to continue providing delegated services must sign the new agreement(s) by June 30, 2010. The City of Maplewood has approximately 125 food and beverage establishments, 21 public swimming pools, 4 lodging facilities, and 2 non-community water (well) licenses. DISCUSSION The existing Environmental Health Delegation Agreement was written in 1987. In 1998 the Agreement was amended to include the adoption of the new food code. In 2002 the Minnesota Food Safety Partnership recommended a new Delegation Agreement that would better reflect new practices and the current Minnesota Food Code. The Minnesota Department of Health then created a Delegation Agreement Advisory Council to revise the Agreement. The Council was formed based on nominations from local agencies and stakeholder groups, including a cross section of delegated agencies and industry representatives. Key changes to the Delegation Agreement include: 1. Application of FDA standards. 2. Emergency Planning Requirements 3. Emphasis on Risk-Based Inspections 4. Program Uniformity 5. Staff Qualifications 6. Food Code Revision 7. Self Assessment 8. Data Sharing The Non-Community Water Supplies Delegation Agreement was also signed in 1987. The 1987 Agreement only states that an annual water sample is required. However, local agencies have assumed all Safe Drinking Water Act responsibilities such as sanitary surveys, technical assistance, repeat sampling, and compliance/enforcement. The new Delegation Agreement that is being offered reflects all of the duties being done by the local agencies. The Minnesota Department of Health will not have the language of the Non-Community Water Supplies Delegation Agreement finalized until May. MDH is hopeful that local agencies will still move along with approving the Delegation Agreement and signing it by June 30, 2010 since this agreement mirrors the Environmental Health Delegation Agreement. The City of Maplewood has the capacity and expertise to effectively provide environmental and public health services at the local government level. RECOMMENDATION Staff recommends City Council renews the new Delegation Agreement with the Minnesota Department of Health for Environmental Health services (food, beverage, and lodging facilities and public swimming pools). Attachment: Delegation Agreement with the Minnesota Department of Health for Environmental Health Services Delegation Agreement Between _______________ and Minnesota Department of Health This Agreement, effective on the first day of _____, 20__, is between the State of Minnesota acting through its Commissioner of Health (“Minnesota Department of Health” or “MDH”) and the _____________________ [board of health or other jurisdiction] (“Board”). 1. AUTHORITY AND DELEGATION 1.1 MDH, charged with protecting the public health under Minnesota Statutes, Chapters 144, 157, and 327, has the duty to inspect, license, and regulate: food, beverage, and lodging establishments; public pools and related facilities; youth camps; manufactured home parks and recreational camping areas. 1.2 Minnesota Statutes, Section 145A.07, Subd. 1 authorizes MDH to enter into an agreement to delegate these duties to the Board. MDH delegates its authority to the Board according to this Agreement but nevertheless remains ultimately responsible for the performance of these duties under Minnesota Statutes, Section 145A.07, Subd. 3(h). 1.3 The Board, having jurisdiction over _______________________ [description of jurisdiction], accepts this delegation and agrees to the terms of this Agreement regarding inspection and licensing of regulated establishments and enforcement of the applicable laws for the purpose of preventing and abating public health risks. MDH - EHS Delegation Agreement, 6/26/2009 - 1 - 2. SCOPE 2.1 Delegated Responsibilities: This delegation applies to the following regulated areas as indicated by the checked boxes: A. Food, Beverage, and Lodging Establishments, as defined in and governed by Minnesota Statutes, Chapter 157 and Minnesota Statutes, Chapter 327, Minnesota Rules, parts 4626.0010 to 4626.1870, and Minnesota Rules, parts 4625.0100 to 4625.2300; B. Food Manager Certification requirements for food establishments, as defined in and governed by Minnesota Rules, parts 4626.2000 to 4626.2010; C. Manufactured Home Parks and Recreational Camping Areas, as defined in and governed by Minnesota Statutes, Sections 327.14 to 327.28, and Minnesota Rules, parts 4630.0200 to 4630.2210; D. Youth Camps, as defined in and governed by Minnesota Statutes, Sections 144.71 to 144.74, and Minnesota Rules, parts 4630.2300 to 4630.4700; E. Public Pools, as defined and governed by Minnesota Statutes, Section 144.1222, and Minnesota Rules, parts 4717.0150 to 4717.3970. F. Variances to Minnesota Rules for: (1) Lodging, as specified in Minnesota Rules, part 4717.7000, subpart 1 (D); (2) Manufactured home parks and recreational camping areas, as specified in Minnesota Rules, part 4717.7000, subpart 1 (E); (3) Youth camps, as specified in Minnesota Rules, part 4717.7000, subpart 1 (F); and MDH - EHS Delegation Agreement, 6/26/2009 - 2 - (4) Food establishments, as specified in Minnesota Rules, parts 4626.1690 to 4626.1715. 2.2 Responsibilities not delegated: MDH retains exclusive authority for the following areas: A. License renewal under Minnesota Statutes, Section 157.16, Subd 2, except as specified in paragraph 3.2(C) 1 of this agreement; B. Certification of food managers under Minnesota Statutes, Section 157.16, Subd. 2(a) and Minnesota Rules, parts 4626.2015 to 4626.2025; C. Establishment fees under Minnesota Statutes, Section 157.16, Subd 3, except as specified in paragraph 3.2(C) 1 of this agreement; D. Collection of the Statewide Hospitality Fee, under Minnesota Statutes, Section 157.16, Subd. 3(a). E. Public swimming pool plan review and approval under Minnesota Rules, parts 4717.0310 and 4717.0450; and F. Variances for public swimming pools, as defined in Minnesota Rules, part 4717.7000, subpart 1 (F). 3. TERMS OF THE AGREEMENT 3.1 MDH’s Responsibilities: A. General (1) Beginning on _________, and through the duration of this Agreement, MDH will not enforce the statutes and rules stated in paragraph 2.1 in the Board’s jurisdiction, except as stated in this Agreement or at the request of the Board. MDH - EHS Delegation Agreement, 6/26/2009 - 3 - (2) To ensure consistent regulation and enforcement statewide, MDH will review the Board’s ordinances or proposed changes to existing ordinances and provide a written response. MDH will review and provide comments within 30 days of receipt of the proposed ordinance language being submitted to MDH. (3) MDH will coordinate a review of the Minnesota Food Code (Minnesota Rules, part 4626) following the release of each new Food and Drug Administration Model Food Code or Supplement. (4) MDH will evaluate the Board’s compliance with the delegation agreement to ensure that its programs are adequate to assure compliance by regulated parties with the standards and requirements established in the statutes and rules stated in paragraph 2.1. (5) MDH staff will be available to advise the Board regarding issues covered under this Agreement. (6) MDH will refer to the Board any complaints that MDH receives concerning matters under the Board’s jurisdiction. B. Illness Investigation and Response (1) MDH will maintain an emergency communication system for notifying and communicating with the Board, local boards of health, industry, and others about serious threats to food safety and public health. (2) MDH will lead epidemiological surveillance and investigations and will consult with the Board as necessary during investigations. MDH - EHS Delegation Agreement, 6/26/2009 - 4 - (3) MDH will summarize and report the results of epidemiological investigations. C. Training and Technical Assistance MDH will offer to the Board training and consultation for program areas listed under the SCOPE throughout the duration of this Agreement. 3.2 Board’s Responsibilities: A. Regulatory Authority (1) The Board must have ordinances that incorporate the requirements of the statutes and rules stated in paragraph 2.1, items (A), (B),(C), (D), and (E) for licensing, inspection and enforcement authority. As stated in Minnesota Statutes, Section 145A.05, Subd. 1, ordinances may not conflict with or be less restrictive than the relevant Minnesota Statutes or Rules. (2) Ordinances must establish authority for enforcement and describe actions to ensure compliance. (3) The Board may not enact or amend any ordinance related to the statutes and rules stated in paragraph 2.1 (except fee provisions) without MDH’s prior review of and comment on the proposed ordinance language. Within 30 days of promulgation of any new or amended ordinance that is within the scope of this Agreement, the Board will provide MDH with a copy of the new or amended ordinance. B. Trained Regulatory Staff MDH - EHS Delegation Agreement, 6/26/2009 - 5 - (1) The Board will maintain qualified inspection personnel, as defined in this section, to enforce the statutes, rules, and local ordinances encompassed in this Agreement. (2) Inspections required in Minnesota Statutes, Chapter 157 and Minnesota Rules, parts 4630.2210 and 4630.1900 must be performed by Environmental Health Specialist/Sanitarians who possess the qualifications stated in Minnesota Rules, parts 4695.2500 to 4695.2800. These qualifications include: (a) Current registration with the State as Environmental Health Specialist/Sanitarian; or (b) Possession of a baccalaureate or post baccalaureate degree in environmental health, sanitary science, sanitary engineering, or other related environmental health field that includes at least 30 semester or 45 quarter hour credits in the physical or biological sciences; and registration as an Environmental Health Specialist/Sanitarian within 2 years from the date of appointment. (3) Inspections in excess of those required in Minnesota Statutes, Chapter 157 and Minnesota Rules, parts 4630.2210 and 4630.1900 may be performed by less qualified staff who must: (a) be enrolled in a baccalaureate or post baccalaureate degree program in environmental health, sanitary science, sanitary engineering, or other related environmental field; and MDH - EHS Delegation Agreement, 6/26/2009 - 6 - (b) be supervised by a registered Environmental Health Specialist/Sanitarian. (4) If the Board’s inspection staff consists of a single person, that person must be a fully qualified Registered Environmental Health Specialist/Sanitarian. (5) The Board will prepare and submit to MDH on an annual basis, a staffing plan to assure adequate program coverage. The staffing plan may include mutual aid agreements, cooperative agreements or other tools to address staffing shortages, or the need for additional staff during emergencies or special circumstances. (6) The Board will notify MDH in the event of unexpected staff changes leading to inadequate or unqualified staffing. MDH may perform a program evaluation under the following circumstances. (a) If the Board has inadequate or unqualified staffing, the Board remains responsible for providing both routine and emergency services covered by this Agreement. (b) If the Board has inadequate or unqualified staffing: (i) Within 10 business days of the staff’s departure, the Board must submit a written plan for providing routine and emergency services until qualified staff are hired. This plan must include the name, credentials and contact information for staff performing MDH - EHS Delegation Agreement, 6/26/2009 - 7 - delegated duties. MDH will provide written approval or rejection of the plan within 10 business days of receipt. (ii) While the Board has inadequate or unqualified staffing, the Board must submit to MDH on a monthly basis, inspection reports for all inspections conducted during the previous 30 days. (iii) The Board will have 180 days from the time of the staff’s departure to hire qualified staff. If qualified staff cannot be hired within 180 days, MDH will terminate the Agreement and immediately begin providing routine and emergency services in the Board’s jurisdiction. (7) If the Board is a Community Health Board, the Board may enter into agreements with other qualified persons to carry out its delegated duties, as stated in Minnesota Statutes, Section 145A.04 subd. 5 and Minnesota Statutes 145A.07 subd. 3(d). Before the parties enter into such an agreement, the Board must obtain MDH’s written approval. C. Risk-Based Inspections and a Uniform Inspection Program: MDH - EHS Delegation Agreement, 6/26/2009 - 8 - (1) The Board must license each establishment on an annual basis. The Board will establish reasonable license fees in accordance with Minnesota Statutes, Section 145A.04, Subd. 4(c). (2) The Board must classify and inspect each: (a) food, beverage, lodging, and pool establishment according to the inspection frequency and risk category as stated in Minnesota Statutes, Section 157.20; and (b) manufactured home park and recreational camping areas according to Minnesota Rules, parts 4630.2210 and 4630.1900. (3) The Board will conduct inspections, respond to complaints, and document follow-up activities. The Board must: (a) identify and address hazards; (b) incorporate education into the inspection process; and (c) promote active managerial control concepts in food establishments. (4) The Board may submit to MDH a written proposal for alternative inspection methods and practices, in accordance with Minnesota Statutes, Section 157.20, Subd. 4, for use in the Board’s jurisdiction. (5) The Board’s inspection staff must maintain inspection reports that include, at a minimum, the following elements: identification of health and safety violations, corrective actions, enforcement actions, follow-up activities, and complaint response. MDH - EHS Delegation Agreement, 6/26/2009 - 9 - (6) For every licensed establishment, the Board must provide, at a minimum, the following information to MDH by March 31 of each calendar year in a format to be negotiated: (a) Type of facility (e.g., food establishment, MHP, etc), establishment name, establishment address, and risk category of each licensed establishment; (b) All hazards emergency contact name and information for each licensed establishment; and (c) Establishment owner name and/or establishment operator name for each establishment. (7) The Board must review plans for new construction, renovation, or conversion of licensed establishments. (8) The Board may grant variances as stated in paragraph 2.1, item (F) of the SCOPE, and must submit to MDH a copy of each variance within 30 days of the variance being granted. (9) The Board agrees that MDH may accompany the Board’s staff in their work, make independent assessments of risk factors or hazards, and perform program activities in consultation with the Board as circumstances warrant. D. Illness Investigation and Response: (1) The Board will investigate and document illness and injury reports according to Minnesota Statutes, Section 145A.04, Subd. 6, using a protocol approved by MDH. MDH - EHS Delegation Agreement, 6/26/2009 - 10 - (2) The Board will record and transmit all foodborne illness complaints to MDH within one business day via fax, phone, or an approved electronic method. The report must contain the contact information for both the complainant and the establishment. (3) The Board will have qualified staff available for emergency coverage on a 24-hour a day basis and provide an after-hours contact number to MDH. E. Compliance and Enforcement: (1) The Board will seek compliance by using the enforcement tools specified in ordinance and written policies and procedures. If the Board’s initial enforcement actions fail to achieve compliance, the Board will exert its enforcement authority by undertaking one or more of the following significant actions: (a) Seeking injunctions under Minnesota Statutes, Section 145A.04, Subd. 9; (b) Referring the matter to the Board’s legal counsel to initiate criminal or administrative actions against noncompliant parties; and (c) Pursuing other enforcement mechanisms such as license revocation. (2) The Board will document each violation it investigates including the date of discovery, nature of the violation, any enforcement action taken, and the resolution of the violation. The Board will retain this data according to the Board’s record retention policy. MDH - EHS Delegation Agreement, 6/26/2009 - 11 - Upon request, the Board must forward to MDH a written summary of such significant enforcement actions as those referenced in paragraph 3.2 E (1)(a – c). This summary will be forwarded to MDH within 30 days of receipt of MDH’s request. F. Industry and Community Relations: The Board must actively participate in work groups, advisory boards, or committees that foster communication and information sharing to improve public health outcomes in the program areas as stated in paragraph 2.1. G. Program Support, Resources, and Assessment: (1) The Board will conduct a self-assessment using the materials known as the “Program Evaluation Protocol and Tools” at least once every three years. The Board will provide MDH with the written results of the program self-assessment at least 30 days prior to MDH’s regularly scheduled, program evaluation conducted under Section 4 below. (2) The Board must make its program records available to MDH upon request. (3) The Board must maintain all licensing and inspection information in an electronic format and make it available to MDH upon request. The Board will cooperatewith MDH to establish a compatible system that allows efficient sharing of electronic licensing and inspection data. 4. MDH ASSESSMENT OF BOARD’S PERFORMANCE 4.1 Program Evaluation: MDH - EHS Delegation Agreement, 6/26/2009 - 12 - A. MDH will evaluate the Board’s performance for compliance with this Agreement using the materials known as the “Program Evaluation Protocol and Tools”. MDH will limit its evaluations to no more than one formal evaluation per year, and no less than one formal evaluation every five (5) years, except when the performance of the Board warrants more frequent evaluation. B. MDH will use the following criteria for evaluating the Board’s performance: (1) Whether the Board has exercised the regulatory authority delegated to it under this Agreement by adopting ordinances covering the duties of licensing, inspection, reporting and enforcement of the statutes and rules stated in paragraph 2.1. (2) Whether the Board has established a written procedure for licensing, inspecting, and enforcement for all establishments in the jurisdiction regulated by the statutes and rules stated in paragraph 2.1(A), (C), and (D). (3) Whether the Board has inspected, licensed or permitted all such establishments according to requirements in statute, rule, or ordinance. (4) Whether the Board has enforced the statutes, rules and ordinances to remove the risk to the public in a manner that corresponds to the circumstances of the risk involved. MDH will evaluate this factor according to the following criteria: MDH - EHS Delegation Agreement, 6/26/2009 - 13 - (a) Whether the Board has identified and documented violations of statutes, rules, and ordinances; and (b) Whether the Board has determined a reasonable and appropriate time period for a violator to remove a hazard, has taken appropriate enforcement measures, and can assure MDH that the hazard has been removed. C. MDH will report its evaluation findings in writing to the Board within 60 days after completion of the evaluation. MDH’s report will assess the Board’s performance to be one of the following: (1)Acceptable, which may take one of two forms: Acceptable; or AcceptableWith Improvements Needed, meaning the Board must make specific improvements that are enumerated in the report, within a timeframe that is mutually agreed upon by the Board and MDH; (2)Conditionally Acceptable, meaning that immediate, priority improvements are required. The Board must submit a written plan of correction within 30 days.The plan must include a timetable for correction and must be approved by MDH. Conditionally Acceptablestatus may be resolved in one of two ways: (a) The Board may be reassigned to Acceptable status if the Board makes needed improvements according to its written plan; or MDH - EHS Delegation Agreement, 6/26/2009 - 14 - (b) The Board may be reassigned to Unacceptable status if the Board fails to provide a written plan of correction, or fails to make corrections according to the written plan. (3)Unacceptable, meaning that the program evaluation has identified certain specified problems of a critical nature that make the program unacceptable. The Board must submit a written plan of correction within 30 days.The plan must include a timetable for correction and must be approved by MDH. Unacceptable status may be resolved in one of two ways: (a) The Board may be reassigned to an Acceptable or Conditionally Acceptable status if the Board makes needed improvements according to its written plan; or (b) The Board may be subject to Termination if the Board fails to provide a written plan of correction, or fails to make corrections according to the written plan. (4)Termination, meaning that the situation requires MDH to terminate the delegation immediately, and that all delegated duties immediately revert to MDH. D. If there are disputes concerning the evaluation findings that cannot be resolved through an informal process, the Board will have an opportunity to appeal its position to the Commissioner of Health. E. While the Board’s status is designated as Conditionally Acceptable, or Unacceptable, MDH may conduct the plan reviews for new and remodeled construction of establishments under the Board’s jurisdiction. MDH - EHS Delegation Agreement, 6/26/2009 - 15 - When MDH conducts plan reviews under this condition, the Board will pay service fees of $100/hour per inspector to MDH. F. While the Board’s status is Unacceptable, MDH will conduct the Board’s inspections and plan reviews. Until the Board’s status is no longer Unacceptable, the Board will pay service fees of $100/hour per inspector to MDH for all inspections and plan reviews conducted by MDH. 4.2 Termination: A. MDH may terminate this Agreement for the following reasons: (1) The Board is unable or unwilling to carry out the terms of this Agreement; or (2) The Board fails to demonstrate that it has carried out license, inspection, reporting and enforcement activities under this Agreement; or (3) MDH has evidence to establish that the Board’s failure to act poses an immediate threat to public health. B. MDH will provide to the Board, in writing, the reasons for immediate termination. 5. OTHER TERMS 5.1 Voluntary Termination: Either party may voluntarily terminate this Agreement by written notice to the other no later than January 1 of the year before the calendar year in which the termination will be effective. If either party terminates this agreement, a minimum of five (5) years must pass before the parties begin a new agreement. MDH - EHS Delegation Agreement, 6/26/2009 - 16 - 5.2 Merger: The parties’ entire Agreement is contained in this document. This Agreement supersedes any other agreements between the parties, either verbal or written, about the terms of this Agreement. MDH retains all functions and duties not included in this Agreement. 5.3 Amendment: The parties may amend this Agreement only by written agreement signed by the parties. 5.4 Liaison: Both MDH and the Board will assign a person to be liaison with the other party. 5.5 Statutory or Rule Changes: Successor or amended statutes and rules apply to this Agreement and are automatically incorporated into this Agreement upon their effective date. 5.6 Exclusion: Actions under the Emergency Health Powers Act (Minnesota Statutes, Chapter 12) are excluded from this Agreement. 5.7 Severability: A determination that any provision of this Agreement is invalid, illegal, or unenforceable does not affect the enforceability of any other provision. 5.8 Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and will not be responsible for the acts of the other party and the results thereof. The State’s liability will be governed by the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736 and other applicable law. The Board’s liability will be governed by the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466 and other applicable law. MDH - EHS Delegation Agreement, 6/26/2009 - 17 - The parties’ duly authorized officers have executed this Agreement on the date shown. MINNESOTA DEPARTMENT OF HEALTH Dated: ______________________________ By: ________________________________ Commissioner of Health BOARD Dated: ______________________________ By: ________________________________ Its: ________________________________ Dated: ______________________________ By: ________________________________ Its: ________________________________ Dated: ______________________________ By: ________________________________ Its: ________________________________ MDH - EHS Delegation Agreement, 6/26/2009 - 18 - G17 Memorandum TO: James Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: March 1, 2010 RE: Resolution Amending Holiday Differential Pay for Temporary, Seasonal and Casual Part-Time MCC Employees Background Annually the City Council adopts a resolution establishing pay differential for temporary and seasonal employees who are required to work days associated with holidays. Although union employees receive holiday premium pay when working on holidays, temporary, seasonal and casual part-time employees do not. Introduction In order to keep personnel costs down at the Community Center, we schedule temporary and seasonal employees as much as is practical. Generally it is temporary, seasonal and casual part-time employees that are scheduled to work on holidays when the building is open. Currently there is no provision in place to compensation them a holiday differential for doing so. There are occasions that portions of the Center may be open on traditional holidays (New Year’s Eve, New Year’s Day, Easter, Independence Day, Memorial Day, Labor Day, and the day after Thanksgiving) and it is at times difficult to find staff coverage on these days. All of the above holidays have been approved for differential pay in the past except for Easter and Labor Day. It is proposed that a holiday differential pay of $2 per hour be established for these two holidays as well. Recommendation Approve the following resolution establishing a $2 per hour differential pay for temporary, seasonal and casual part-time employees who are required to work on New Year’s Eve, New Year’s Day, Easter, Independence Day, Memorial Day, Labor Day, and the day after Thanksgiving. RESOLUTION WHEREAS, temporary, seasonal and casual part-time employees of the Maplewood Community Center are required to work days associated with the following holidays: New Year’s Eve, New Year’s Day, Easter, Independence Day, Memorial Day, Labor Day, and the day after Thanksgiving. NOW, THEREFORE, BE IT RESOLVED, an amount of $2 per hour is hereby established as holiday differential pay for those temporary, seasonal and casual part- time employees that are scheduled to work on the aforementioned holidays. Item G18 MEMORANDUM TO: James Antonen, FROM: Karen Guilfoile, Director Citizen Services DATE: March 2, 2010 SUBJECT: Approval to Increase Annual Fireworks Permit for Businesses Selling Only Fireworks Background The regulation of fireworks is governed by city code and State Statute. State Statute goes as far as to set allowable fees that local governments can impose for these licenses. Currently the city has an annual license fee of $100 for fireworks. This amount is set by State Statute. In prior years, the State only permitted local units of government to charge $100 for temporary firework permits as well. In 2005 the State “loosened” the regulations on fireworks allowing many more types of fireworks to be sold in the State. As a result, the city has seen an increase in the amount of temporary permits issued each year from four in 2005 to nineteen in 2009. Before a temporary firework permit is issued, staff requests that Fire Marshal Gervais visit the temporary permit address to do an inspection of the site to ensure public safety guidelines are met in the tent or structure and in the storage of the fireworks among other things. In 2008, State Statute was approved that permitted local units of government to impose a fee not to exceed $350 for retailers that are in the business of selling only fireworks. Staff has reviewed the time spent administratively and from an enforcement aspect and recommends that the temporary permit for fireworks be increased from $100.00 to $200.00 Recommendation Approve a fee of $200.00 be imposed for temporary fireworks permit effective immediately. Item G19 MEMORANDUM TO: City Manager James Antonen FROM: Karen Guilfoile City Clerk RE: Approval to Increase the Fee for Annual Tobacco License DATE: March 2, 2010 Introduction Approximately ten years ago the city became involved with the North Suburban Tobacco Compliance Project (NSTCP) and the city council began imposing penalties for compliance check failures for tobacco sales. The purpose of the NSTCP is to work to reduce the cost, harm and burden tobacco plays in our community and to work towards reducing youth access to tobacco. Background In1993 a User Fee Study was completed for City Clerk Department licenses and permits to assure that the charges cover an appropriate portion of the service costs. It has been past practice to increase service charges annually to keep up with the inflation rate or if additional costs are incurred in monitoring or administrating a license the fee is adjusted accordingly. The current cost of an annual Cigarette and Tobacco Sales license is $125.00. The license stth period runs from May 1 through April 30 of any given year. Staff has reviewed the costs of enforcement and administration costs of the Cigarette and Tobacco Sales license and has determined that the license fee should be increased to $250.00 to cover costs incurred in enforcing and administrating the license. Recommendation Approve the annual license fee of $250.00 for Cigarette and Tobacco Sales effective for the license period May 1, 2010 through April 30, 2011. Agenda Item G.20 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director SUBJECT:Approval of Commission Rules and Amendments to Com. Handbook DATE: March 2, 2010 for the March 8 City Council Meeting INTRODUCTION On July 27, 2009, the City Council adopted the City of Maplewood Commission Handbook. The purpose of the handbook is to provide general information, rules and policies for commissioners and board members. Soon after adoption of the new handbook, staff liaisons and City Attorney Alan Kantrud reviewed the handbook with all advisory groups. Most of the city’s commission/board ordinances specify that the advisory group may adopt their own rules of procedure. Based on review of the new handbook, it was determined that there are some inconsistencies between the handbook and some of the advisory group’s existing rules. As such, the advisory groups have revised their rules to alleviate the inconsistencies. The city council must approve these revisions. Additionally, staff is recommending a change to the handbook regarding the election of chairs and vice chairs. DISCUSSION Commission Handbook There are two areas of the Commission Handbook that conflict with some of the advisory group’s rules of procedure and ordinances. The first conflict involves parliamentary procedure, particularly which procedure to follow during meetings. The second conflict involves the appointment of the chair and vice chair, particularly the timing for these appointments. Parliamentary Procedure Most advisory group’s rules of procedure require the use of Robert’s Rules of Order for parliamentary procedure. The Commission Handbook requires the use of Rosenberg’s Rules of Order (Attachment 1.a.), which is a condensed version of Robert’s Rules of Order. Four of the advisory groups have revised their rules of procedure to reflect this requirement as outlined below. Election of Chair and Vice Chair Two advisory groups’ ordinances and three groups’ rules of procedure require the election of chair and vice chair to take place in January of each year. Additionally, one of the group’s rules of procedure requires the elections to take place in June. The Commission Handbook requires appointments of a chair and vice chair to take place in December, in order for the new chair and vice chair to take over at the first meeting in January (Attachment 1.b.). Since the appointment of new commissioners and board members takes place in January, it would be difficult for advisory groups to hold elections in December when the makeup of the members may change the next month. For this reason, staff is recommending that the City Council consider revising the Commission Handbook to require that the advisory groups appoint a chair and vice chair yearly, with specific timing for such appointment determined by each advisory group. Environmental and Natural Resources Commission The Environmental and Natural Resources (ENR) Commission created their rules of procedure in 2008. Soon after the ENR Commission adopted their rules, the City Council began drafting the Commission Handbook, which serves as a guide to acceptable practices and expectations from each advisory group. As such, the City Council has not previously reviewed the ENR Commission rules of procedure. The proposed rules are consistent with the Commission Handbook (except for the election of chair and vice chair as stated above). Following is a summary of the rules: 1) appointments, 2) meeting dates and time, 3) staff liaison, 4) agenda, 5) quorum, 6) election of officers, 7) duties of the chairperson, 8) chairperson and vice chairperson, 9) temporary committees, 10) vacancies, 11) amendment or suspension of rules, and 12) rules of order (Attachment 2.a). Planning Commission In October 2009 and January 2010, the planning commission made two changes to their rules of procedure as follows: 1) election of officers to ensure consistency between the re-election process for the chairperson and the vice chairperson if either should leave the commission, and 2) changing the parliamentary procedures (Attachment 2.b). Housing Redevelopment Authority In October 2009, the Housing and Redevelopment Authority made three changes to their rules of procedure as follows: 1) removal of the requirement for an annual meeting, 2) changes to the order of business, and 3) changing the parliamentary procedures (Attachment 2.c.) Community Design Review Board In March 2010, the Community Design Review Board made one change to their rules of procedure as follows: changing the parliamentary procedures (Attachment 2.d.) RECOMMENDATIONS 1. Revise the Commission Handbook at Chapter 6 (Commission Policy Guidelines) to allow commissions and boards to appoint a chair and vice chair yearly, rather than in December of each year. 2. Adopt the following new and amended rules of procedures: a. Environmental and Natural Resources Commission (New) b. Planning Commission (Amended) c. Housing and Redevelopment Authority (Amended) d. Community Design Review Board (Amended) Attachments: 1. Commission Handbook: a. Parliamentary Procedure b. Commission Policy Guidelines 2. Rules of Procedure: a. Environmental and Natural Resources Commission b. Planning Commission c. Housing and Redevelopment Authority d. Community Design Review Board 2 ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION RULES OF PROCEDURE Adopted by Environmental and Natural Resources Commission on October 7, 2008 Amendments made by the commission on December 21, 2009 (Changes made are underlined if added and stricken if deleted.) First Adoption of Rules by the City Council on March 8, 2010 We, the members of the Environmental and Natural Resources Commission of the City of Maplewood, Minnesota, created pursuant to Division 4, Sections 18.180 to 18.189 of the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The city council shall make appointments to the environmental and natural resources commission by following the current city appointment policy. B. MEETINGS 1. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 E. County Road B, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all commissioners. 2. Regular meetings shall be held at 7:00 p.m. on the third Monday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3. Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other commissioner with the concurrence of a majority of the commissioners with at least 72 hours notice to all commissioners. C. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in city ordinance the environmental planner or a designated replacement shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor on any matter which comes before the commission. 3. Make written recommendations to the commission on matters referred to the commission. 4. Schedule any matter with the city council that has been reviewed by the commission that requires city council approval. -1- D. AGENDA 1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting shall be made available to each member of the commission no later than three days prior to the next scheduled meeting. 2. The agenda format shall generally read as follows: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Unfinished Business f. New Business g. Visitor Presentations h. Commissioner Presentations i. Staff Presentations j. Adjournment E. QUORUM 1. A simple majority of the current membership of the commissioners shall constitute a quorum. 2. Any action by the commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A chairperson and vice chairperson shall be elected at the first environmental and natural resources commission in January of each year and will serve until their successors have been elected. Nominations and members interested in serving as the chairperson or vice- chairperson shall be announced at the last meeting of the year. The chairperson will call for further nominations at the first meeting in January each year prior to the election. G. DUTIES OF THE CHAIRPERSON 1. In addition to the duties prescribed in the ordinance, the chair shall represent the commission at each city council meeting where a commission item is on the agenda, to present the commission’s recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1. The chairperson, vice chairperson, and such officers as the commission may decide shall be elected and assume duties according to the current ordinance. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. -2- 3. If the chairperson resigns from or is otherwise no longer on the commission, the vice chairperson shall become the acting chairperson until the commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the commission, the commission will elect a new vice chairperson at the next possible commission meeting. I. TEMPORARY COMMITTEES 1. The commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chair. 2. No standing or temporary committee shall have the power to commit the commission to the endorsement of any plan or program without the express approval of the commission. J. VACANCIES The environmental and natural resources commission positions shall be vacated or recommended to the city council for vacation according to the current environmental and natural resources ordinances. K. AMENDMENT OR SUSPENSION OF RULES 1. Any of the foregoing rules may be temporarily suspended by a majority vote of the commissioners present. 2. The "Rules of Procedure" may be amended at any regular meeting by a majority vote. L. RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures st byRosenberg’s Robert’s Rules of Order, Simple Parliamentary Procedures for the 21 Century. P:\PW\Works\Environemental\Environmental Commission\Rules of Procedure (5) -3- PLANNING COMMISSION RULES OF PROCEDURE Original adopted by the Planning Commission on February 21, 1983 Revised by the Planning Commission on January 5, 2010 Adopted by the City Council on March 8, 2010 We, the members of the Planning Commission of the City of Maplewood, Minnesota, created pursuant to Chapter 2, as amended, of the Maplewood Code of Ordinances, do hereby accept the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS 1. All meetings shall be held in City Hall unless otherwise directed by the chairperson, in which case at least 24 hours notice will be given to all members. 2. Regular meetings shall be held at 7 p.m. on the first and third Tuesdays of each month. If a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a special meeting, if needed. 3. Special meetings shall be held upon call by the chairperson, or in his or her absence, by the vice chairperson, or by any other member with the concurrence of five other members of the Commission. At least 72 hours notice shall be given to all members for special meetings. B. QUORUM 1. A simple majority of the current membership of the Commission shall constitute a quorum. 2. Any member having a conflict of interest shall declare the same before discussion of the item in which he or she has a conflict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered a member of the Commission for determining a quorum for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majority of the members present. C. DUTIES OF CHAIRPERSON In addition to the duties prescribed in Section 2-249 of the Code of Ordinances, the chairperson shall appoint such standing committees and temporary committees as are required, and such committees will be charged with the duties, examinations, investigations, and inquiries about the subjects assigned by the chairperson. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without its submission to the full Commission. D. ELECTION OF OFFICERS 1. A chairperson and vice chairperson shall be elected at the first planning commission meeting in June, and will serve until their successors have been elected.  2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. The planning commission shall elect a new chairperson at the next possible planning commission meeting. If the vice chairperson resigns or is otherwise no longer on the planning commission, the planning commission will shall elect a new vice chairperson at the next possible planning commission meeting. E. REPRESENTATION AT COUNCIL MEETINGS A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. F. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in Section 2-254 of the Code of Ordinances, the Community Development and Parks Department staff shall: 1. Prepare the agenda and minutes for each meeting of the Commission. 2. Act as technical advisor to the Commission. 3. Present written alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. 2 G. AGENDA 1. Copies of the agenda, together with pertinent planning office reports and copies of the minutes of the previous meeting shall be distributed so that the members of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda shall consist of the following order of business: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Public Hearings f. New Business g. Unfinished Business h. Visitor Presentations I. Commission Presentations j. Staff Presentations k. Adjournment 3. No item that is not on the agenda shall be considered by the Commission. H. Except as herein provided, Rosenberg’s Robert’s Rules of Order shall be accepted as the authority on parliamentary practice. I. Amendments to the comprehensive plan shall require that the Planning Commission follow the same procedure for hearings and notices as required by State law for zoning ordinances. J. APPOINTMENTS The City Council shall make all appointments to the Planning Commission by following the current city appointment policy. K. AMENDMENT 1. Any of these rules may be temporarily suspended by the vote of two-thirds majority of the members present. 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership and submitted to the City Council for approval. L. These "Rules of Procedure" shall be reviewed by the Planning Commission at the first meeting of each year. p:\commdvpt\pc\pcrules\1-5-10 PC Rules 3 BYLAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF MAPLEWOOD, MINNESOTA Date of Original Approval: April 22, 1975 Date of Last Revision: October 14, 2009 Adopted by City Council: March 8, 2010 (Changes are underlined if added and stricken if deleted.) ARTICLE I – THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the “Housing and Redevelopment Authority of Maplewood, Minnesota.” Section 2. Seal of Authority. The seal of the Authority shall be in the form of a circle with the symbol of a Maple Leaf in the center and shall bear the name of the Authority and the year of its organization. Section 3. Office of Authority. The offices of the Authority shall be at the City Hall in the City of Maplewood, State of Minnesota, but the Authority may hold its meetings at such other place or places as it may designate by resolution. ARTICLE II – OFFICERS Section 1. Officers. The officers of the Authority shall be a Chairperson, a Vice- Chairperson, and a Secretary. Section 2. Chairperson. The Chairperson shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chairperson shall sign all contracts, deeds and other instruments made by the Authority. At each meeting, the Chairperson and city staff shall submit such recommendations and information as they may consider proper concerning the business, affairs and policies of the Authority. Section 3. Vice-Chairperson. The Vice-Chairperson shall perform the duties of the Chairperson in the absence of incapacity of the Chairperson; and in case of the resignation or death of the Chairperson, the Vice-Chairperson shall perform such duties as are imposed on the Chairperson until the Authority selects a new Chairperson. Section 4. Secretary. The Secretary shall perform the duties of a Secretary for the Authority and in the absence of the Chairperson and Vice-Chairperson, shall perform the duty of Chairperson of any meeting. Section 5. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or the bylaws or rules and regulations of the Authority. Section 6. Election or Appointment. The Chairperson, Vice-Chairperson and Secretary shall be elected at the first meeting each year of the Authority from among the Commissioners of the Authority and shall hold office for one year or until their successors are elected and qualified. An Executive Director may be appointed by the Authority. Any person appointed to fill the office on Executive Director, or any vacancy therein, shall have such term as the Authority fixes, but no Commissioner of the Authority shall be eligible to this office. Section 7. Vacancies. Should the office of Chairperson, Vice-Chairperson or Secretary become vacant, the Authority shall elect a successor from its membership at the next regular meeting and such election and term shall be for the unexpired term of said office. When the office of Executive Director becomes vacant, the Authority may appoint a successor as aforesaid. Section 8. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the Municipal Housing and Redevelopment Law of Minnesota applicable thereto. The selection and compensation of such personnel (including any Executive Director) shall be determined by the Authority subject to the laws of the State of Minnesota. ARTICLE III - MEETINGS Section 1. Annual Meeting. The annual meeting of the Authority shall be held on the nd 2Tuesday of March at 7:30 p.m. at the regular meeting place of the Authority. Section 1. Regular Meetings. Monthly meetings shall be held without notice at the nd regular meeting place of the Authority on the 2 Wednesday of each month at 7:00 o’clock p.m. unless the same shall be a legal holiday, in which event said meeting shall be rescheduled. Section 2. Special Meetings. Special meetings of the Authority may be called by the Chairman, or two members of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least 72 hours, three (3) days, prior to the date of such special meeting. At such special meeting no business shall 2 be considered other than designated in the call or notice, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted by the Authority at such special meeting. Section 3. Quorum. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum for the purposes of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Authority upon to vote of a majority of the Commissioners present. Section 4. Order of Business. At the regular meetings of the Authority the following shall be the order of business: 1. Call to Order Reading and approval of the minutes of previous meeting 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes Bills and communications 5.Reports of Committees 5. Unfinished Business 6. New Business 7. Visitor Presentations 8. Commissioner Presentations 9. Staff Presentations 10. Adjournment All resolutions shall be in writing and shall be copied in the minutes of the proceedings of the Authority. Section 5. Manner of Voting. The voting on all questions coming before the Authority shall be by roll call, and the yeas and nays shall be entered upon the minutes of such meeting. Section 6. Rules to Govern Meetings. Rosenberg’s Robert’s Rules of Order shall govern the meetings. ARTICLE IV – AMENDMENTS Amendments to Bylaws. The bylaws of the Authority shall be amended only with the approval of at least three of the members of the Authority at a regular or special meeting. _________________________ 3 COMMUNITY DESIGN REVIEW BOARD RULES OF PROCEDURE Revised by the Community Design Review Board on February 23, 2009 Adopted by the City Council on March 8, 2010 (Changes underlined if added and stricken if deleted.) We, the members of the Community Design Review Board of the City of Maplewood, Minnesota, created pursuant to Article IV, Section 25 of the Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: I. MEETINGS A. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 E. County Road B, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all members. B. Regular meetings shall be held at 6 p.m. on the second and fourth Tuesdays of each calendar month, provided that when the meeting falls on a legal holiday or voting day, such meeting shall be rescheduled. C. Special meetings may be held upon call by the chairperson, or in his/her absence, by the vice chairperson, or by any other member with the concurrence of two other members of the board with at least 72 hours notice to all members. II. QUORUM A. Three members of the board shall constitute a quorum. B. Any member who abstains from voting on a particular question because of possible conflict of interest shall not be considered to be a member of the board for the purpose of determining a quorum for the consideration of the issue. C. Any action by the board shall require a majority vote of the members present. III. DUTIES OF THE CHAIRMAN A. In addition to presiding at all meetings of the board, the chairperson shall appoint such standing committees and temporary committees as may be required, and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chairperson. B. No standing or temporary committee shall have the power to commit the board to the endorsement of any plan or program without the express approval of the board. -1- IV. ELECTION OF OFFICERS A. The chairperson, vice chairperson, and such officers as the board may decide are needed, shall be appointed by the board at the second meeting of each calendar year and will serve until their successors have been duly elected and qualified. B. In the absence of the chairperson, the vice chairperson shall perform the duties of the chairperson. In the event that both are absent, the members present shall elect a chairperson pro tem. V. DESIGN REVIEW BOARD VACANCIES A. The following are grounds for recommending to the city council the dismissal of a community design review board member: 1. Failure to serve, as shown by failure to attend six meetings in any calendar year, without good cause. 2. Resignation in writing. 3. Taking public office in Maplewood. 4. Moving out of Maplewood. VI. DIRECTOR OF COMMUNITY DEVELOPMENT AND PARKS A. In addition to carrying out the duties prescribed in city ordinance, the director or a designated replacement, shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor to the board on any matter which comes before the board. 3. Make written recommendations to the board on matters such as, but not limited to, architectural plans, site plans, signage and landscaping proposals. 4. Inspect the construction of all projects approved by the board for plan compliance. 5. Schedule any matter with the city council that has been reviewed by the board that requires city council approval. VII. AGENDA A. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting, shall be made available to each member of the board not later than three days prior to the next scheduled meeting. -2- B. The agenda format shall read as follows: 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Approval of Agenda 5. Unfinished Business 6. Design Review 7. Visitor Presentations 8. Board Presentations 9. Staff Presentations 10. Adjournment C. The board shall only consider items on the agenda. D. The board’s review shall include, but shall not be limited to, the following items: 1. Site Considerations: a. Utilities b. Drainage c. Landscaping - fence, screening d. Traffic flow, parking and driveway access e. Trash receptacle enclosure f. Building setbacks g. Security lighting h. Access for emergency vehicles 2. Architectural Considerations: a. Materials must be compatible with neighboring buildings; such as block, metal, brick, etc., including colors. b. Building aesthetics must be compatible with neighboring buildings, scale of building, size in relation to surroundings, flat roof vs. pitched roof, etc. c. Location and concealment of outside equipment, e.g. air conditioning, and outside storage yards. VIII. AMENDMENT OR SUSPENSION OF RULES A. Any of the foregoing rules may be temporarily suspended by a majority vote of the members present. B. The "Rules of Procedure" may be amended at any regular meeting by a majority vote. IX. RULES OF ORDER Except as herein provided, Robert's Rosenberg’s Rules of Order, shall be followed. p:com-dev\community design review board/rules.drb -3- AGENDA REPORT TO: FROM: SUBJECT:Purchase of New Turnout Gear DATE: INTRODUCTION RECOMMENDATION THIS PAGE IS INTENTIONALLY LEFT BLANK Agenda ItemG22 AGENDA REPORT TO: Jim Antonen,City Manager FROM: Steve Lukin, Fire Chief SUBJECT:Assistance to Firefighters Grant DATE: March 1, 2010 INTRODUCTION In March of 2007, the Maplewood Fire Department appliedfor an Assistance to Firefighters Grant for the purchase of 16 mobile data computers to be put into our first line firefighting and EMS vehicles. These computers allowed us the ability to get vital information from the dispatch center by way of the CAD tothe computers. The cost was $105,480 for the 16 computers and all the necessary items to allow them to function in the vehicles. We were awarded the grant in August of 2007, but we delayed the purchase of the computers until September of 2008 when the CAD was up and running which gave us a full one-year warranty on the computers when they were in service. Also, in 2008 we had money budgeted in the EMS fund for the purchase of five EMS notebook computers. These computers allowed our firefighters/paramedics and EMT’s the ability to enter patient information into the computers at the scene and for better accuracy in patient information, billing and also the ability to save the information in an electric form. The five notebook computers also provided uswith valuable CAD information. Due to the one-year delay of the purchase of the 16 laptops, the cost had dramatically dropped and we were able to buy five EMS laptops within the allotted grant money making our total number of computers purchased at 21. After we had submitted our closeout of the grant, it was reviewed and sent back to us for more information regarding the five EMS computers. After their review, they felt that even though the computers did receive the CAD information, their primary use was for medical patient information and second for CAD information, and therefore, we did not meet the intent of our original request and they asked us to return the funds used to purchase the five computers. We appealed the grant boards’ decision and weredenied. The money for the five computers that were to be purchased in 2008 is still in the EMS fund and will be used to refund the grant program. RECOMMENDATION I am requesting that the City Council authorize the increase of the 2010 EMS budget in the amount of $21,106 to cover the grant refund. These funds are still available in the EMS fund and will have no impact on the general fund. I am also requesting the city council to authorize the payment of the refund In the . amount of $21,106 to FEMA THIS PAGE IS INTENTIONALLY LEFT BLANK Item J1 MEMORANDUM TO: James Antonen, FROM: Karen Guilfoile, Director Citizen Services DATE: March 2, 2010 SUBJECT: On-Sale Intoxicating Liquor License – Samantha La Thao License/Manager, Downtown Lav 52 Km Introduction Samantha La Thai has submitted an application for an on-sale intoxicating liquor license to be used at Downtown Lav 52 Km (formerly Nicklebys), located at 3030 Southlawn Drive. Ms. Thao states that she will be the liquor license manager and intends to operate the establishment. Background Ms. Thao came to the United States with her family in 1992. She attended and graduated from Edison High School in 1996. After high school she worked for Miracle Ear in New Hope for 11 years (1997-2008). Since that time she has worked at restaurant/bars for her aunt and uncle as a bartender and a cook. She is currently a full-time student at a beauty school in St. Paul where she plans to graduate in April of this year. I met with Ms. Thao when she submitted her liquor license application to discuss the process with her and to learn what her plans were for the new venue. At that meeting Ms. Thao indicated that the Downtown Lav 52 Km would be a restaurant and nightclub type of venue. The application was then forwarded to the police department for the background investigation to be conducted. Ms. Thao has met with Chief Thomalla to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues; and Maplewood Liquor Ordinances. There was nothing in the background investigation that would prohibit Ms. Thao from holding a liquor license with the City. Still, staff is cautiously recommending approval of the license based on the limited experience the applicant has had in managing a liquor license. State Statute governing intoxicating liquor licenses indicates that licenses may be denied if approval would not be in the public interest. As indicated, staff cautiously recommends approval and suggests that the applicant meet with Chief Thomalla on a monthly basis and report back to the council if there are concerns. After the applicant has been in operation for six months, staff will review the license and report to council any pertinent findings or concerns. Consideration Approve the intoxicating liquor license directing Chief Thomalla to meet with the applicant on a monthly basis reporting any concerns back to the council and providing a six month status report to the council at the September 13, 2010 council meeting. AGENDA NO. J-2 AGENDA REPORT TO: James W. Antonen, City Manager FROM: Bob Mittet, Finance Director RE : Resolutions Providing for the Competitive Negotiated Sale of $11,790,000 General Obligation Improvement Bonds, Series 2010A and $4,125,000 General Obligation Refunding Bonds, Series 2010B DATE: March 3, 2010 BACKGROUND Bonds need to be issued to finance five public works improvement projects that the City Council has approved. Improvement bonds totaling $11,790,000 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 $318,472 - $362,925 payable 2012-2026 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, April 12, 2010. Refunding bonds are proposed to be issued to refund the following General Obligation Improvement Bonds in the outstanding amount and maturities described below. Estimated net present value savings to the City of the refunding of these issues are $158,302. Series Dated O/S Amount Maturities NPV Benefit 2002C November 1, 2002 $1,985,000 2011 – 2015 4.715% 2003A August 1, 2003 2,130,000 2011 – 2019 3.357% 2003B August 1, 2003 835,000 2011 – 2019 3.444% Please note that the Net Present Value (NPV) Benefit shown is an estimate and is variable based on the actual true interest cost of the refunding bonds as determined at the sale date. On an advanced or crossover refunding, the NPV Benefit is required to be at least 3.000%. Furthermore, the city policy states that any refunding, whether advanced or current needs to have a NPV Benefit of 3.5%. Staff will continue to monitor the market and has the ability to pull the refunding prior to sale of the bonds if it does not achieve the required NPV Benefit. RECOMMENDATION 1. Staff recommends that the City Council adopt the attached resolutions providing preliminary approval for the sale of $11,790,000 General Obligation Improvement Bonds, Series 2010A and $4,125,000 General Obligation Refunding Bonds, Series 2010B. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: March 8, 2010 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 March 8, 2010, at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $11,790,000 Taxable General Obligation Bonds, Series 2010A (Build America Bonds – Direct Pay). 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 $11,790,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2010A (BUILD AMERICA BONDS – DIRECT PAY) A.WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $11,790,000 Taxable General Obligation Bonds, Series 2010A (Build America Bonds – Direct Pay) (the "Bonds"), to finance infrastructure improvement projects in various areas of the City; and B.WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1.Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2.Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering 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. 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. 2 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 $11,790,000 Taxable General Obligation Bonds, Series 2010A (Build America Bonds – Direct Pay). WITNESS my hand on March 8, 2010. __________________________________ City Clerk 3 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 * $11,790,000 CITY OF MAPLEWOOD, MINNESOTA TAXABLE GENERAL OBLIGATION BONDS, SERIES 2010A (BUILD AMERICA BONDS – DIRECT PAY) (BOOK ENTRY ONLY) The City of Maplewood, Minnesota is requesting proposals for the above-named Issue optionally as conventional tax-exempt general obligations (the “Tax-Exempt Bonds”) or as taxable general obligations which the City will elect to designate “Qualified Build America Bonds (Direct Pay)” (the “Taxable Bonds”). Proposals for the Bonds and the Good Faith Deposit (“Deposit”) will be received on Monday, April 12, 2010, until 10:30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a)Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b)Electronic Bidding. Notice is hereby given that electronic proposals will be received via ®® PARITY. For purposes of the electronic bidding process, the time as maintained by PARITY ® shall constitute the official time with respect to all Bids submitted to PARITY.Each bidder shall ® be solely responsible for making necessary arrangements to access PARITY for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the ® Terms of Proposal. Neither the City, its agents nor PARITY shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access ® to any qualified prospective bidder, and neither the City, its agents nor PARITY shall be responsible for a bidder’s failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of ®® PARITY. The City is using the services of PARITY solely as a communication mechanism to ® conduct the electronic bidding for the Bonds, and PARITY is not an agent of the City. * Preliminary; subject to change. - i - ® 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: ®nd PARITY, 1359 Broadway, 2 Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2011. 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: 2012 $620,000 2016 $885,0002020 $660,0002024 $690,000 2013 $945,000 2017 $865,0002021 $660,0002025 $695,000 2014 $900,000 2018 $865,0002022 $670,0002026 $705,000 2015 $890,000 2019 $860,0002023 $670,0002027 $210,000 * 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 may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. - ii - OPTIONAL REDEMPTION The City may elect on February 1, 2020, and on any day thereafter, to prepay Bonds due on or after February 1, 2021. 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. EXTRAORDINARY REDEMPTION In the event the Bonds are designated and issued as Taxable Qualified Build America Bonds (Direct Pay), the Bonds are subject to extraordinary redemption at the direction of the City if the IRS determines, or is expected by the City to determine, either prospectively or otherwise, that Direct Payments are not payable with respect to the Bonds, or there is a change in law eliminating or decreasing Direct Payments with respect to the Bonds. The redemption shall be at a price of par plus accrued interest, and the redemption date shall be a date designated by the City for which timely notice of redemption can be given. An “Extraordinary Event” will have occurred if a material adverse change has occurred to Section 54AA or 6431 of the Code (as such Sections were added by Section 1531 of the Recovery Act, pertaining to “Build America Bonds”) pursuant to which the City’s 35% direct payment credit from the United States Treasury is reduced or eliminated. 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 from benefited properties and net revenues of the City’s water and wastewater utilities. The proceeds will be used to finance infrastructure improvement projects in various areas of the City. TAXABILITY OF INTEREST The interest to be paid on the Bonds is includable in gross income of the recipient for United States and State of Minnesota income tax purposes, and is subject to Minnesota Corporate and bank excise taxes measured by net income. BIDDING PARAMETERS Bidders may provide proposals for the Bonds specifying interest rates for the Bonds if issued as Tax-Exempt Bonds, or alternatively, specifying interest rates for the Bonds if issued as Taxable Bonds. To comply with the “Build America Bond” provisions of the Internal Revenue Code of 1986, as amended (the “Code”), each proposal for the Taxable Bonds must specify the expected reoffering price for each maturity of the Bonds, and (i) each such reoffering price cannot exceed the par amount of the maturity by more than .25% multiplied by the number of complete years to the earlier of the maturity date or the first optional redemption date for the maturity of the Bonds and (ii) in the initial offering no bond may be sold for a price in excess of such limit unless the IRS provides authoritative guidance to the contrary. Separate proposal forms and Parity provisions have been provided for submitting proposals for the Bonds if to be designated Tax-Exempt Bonds or designated Taxable Bonds. If the Bonds are issued as Tax-Exempt Bonds, the Bonds will be titled “General Obligation Bonds, Series 2010A”. - iii - Proposals for the Tax-Exempt Bonds shall be for not less than $11,660,310 (the “Minimum Bid”) and accrued interest on the total principal amount of the Bonds. Proposals for the Taxable Bonds shall be for not less than the Minimum Bid or for not more than a de minimis premium, as described below. Maximum MaximumMaximumMaximum PermittedPermittedPermitted Permitted PriceYearPricePrice YearYearPriceYear 2012 100.25% 2016 101.25%2020102.25%2024 102.25% 2013 100.50% 2017 101.50%2021102.25%2025 102.25% 2014 100.75% 2018 101.75%2022102.25%2026 102.25% 2015 101.00% 2019 102.00%2023102.25%2027 102.25% 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 $117,900, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. certified or cashier’s check Any Deposit made by should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. wire transfer Any Deposit sent via 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. Financial Surety Bond If a 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 - iv - 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 3:30P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded to the bidder offering the lowest interest rate to be determined on a true interest cost (TIC) basis, treating the credit available to the City if the Bonds are issued as Taxable Bonds constituting “Qualified Build America Bonds” as a reduction in each interest payment. No proposal for the Taxable Bonds may require reoffering premiums in excess of the maximums set for the Taxable Bonds issued as “Qualified Build America Bonds.” The City’s computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION 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 On or about May 10, 2010, 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. - v - CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the “Undertaking”) whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a “Final Official Statement” of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 250 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 March 8, 2010 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk - vi - EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: March 8, 2010 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 March 8, 2010, at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $4,125,000 General Obligation Refunding Bonds, Series 2010B. 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 $4,125,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B A.WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $4,125,000 General Obligation Refunding Bonds, Series 2010B (the "Bonds"), to refund the (i) February 1, 2012 through February 1, 2015 maturities of the City’s General Obligation Tax Increment Refunding Bonds, Series 2002C, dated November 1, 2002; (ii) the February 1, 2012 through February 1, 2019 maturities of the City's General Obligation Improvement Bonds, Series 2003A, dated August 1, 2003; and (iii) the February 1, 2012 through February 1, 2019 maturities of the City's General Obligation Sewer Revenue Bonds, Series 2003B, dated August 1, 2003; 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. 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. 2 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 $4,125,000 General Obligation Refunding Bonds, Series 2010B. WITNESS my hand on March 8, 2010. __________________________________ City Clerk 3 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 * $4,125,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B (BOOK ENTRY ONLY) Proposals for the Bonds and the Good Faith Deposit (“Deposit”) will be received on Monday, April 12, 2010, until 10:30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at7:00P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a)Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b)Electronic Bidding. Notice is hereby given that electronic proposals will be received via ®® PARITY. For purposes of the electronic bidding process, the time as maintained by PARITY ® shall constitute the official time with respect to all Bids submitted to PARITY.Each bidder shall ® be solely responsible for making necessary arrangements to access PARITY for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the ® Terms of Proposal. Neither the City, its agents nor PARITY shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access ® to any qualified prospective bidder, and neither the City, its agents nor PARITY shall be responsible for a bidder’s failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of ®® PARITY. The City is using the services of PARITY solely as a communication mechanism to ® conduct the electronic bidding for the Bonds, and PARITY is not an agent of the City. * Preliminary; subject to change. - i - ® 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: ®nd PARITY, 1359 Broadway, 2 Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2011. 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: 2012 $695,000 2014 $705,0002016 $335,0002018 $335,000 2013 $670,000 2015 $720,0002017 $335,0002019 $330,000 * 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 may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. - ii - 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 from benefited properties and tax increments derived from the City’s Housing Districts No. 1-1, No. 1-2, and No. 1-3 and Economic Development Districts No. 1-1, No. 1-2, andNo.1-3, located within the City’s Development District No. 1. The proceeds will be used to refund the (i) February 1, 2012 through February 1, 2015 maturities of the City’s General Obligation Tax Increment Refunding Bonds, Series 2002C, dated November 1, 2002; (ii) the February 1, 2012 through February 1, 2019 maturities of the City’s General Obligation Improvement Bonds, Series 2003A, dated August 1, 2003; and (iii) the February 1, 2012 through February 1, 2019 maturities of the City’s General Obligation Sewer Revenue Bonds, Series 2003B, dated August1, 2003. BIDDING PARAMETERS Proposals shall be for not less than $4,097,157 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 $41,250, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. certified or cashier’s check Any Deposit made by should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. wire transfer Any Deposit sent via 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. - iii - Financial Surety Bond If a 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 3:30P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION 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 On or about May 10, 2010, 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. - iv - CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the “Undertaking”) whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a “Final Official Statement” of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 165 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 March 8, 2010 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk - v - Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 March 3, 2010 Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com Mr. Robert Mittet Finance Director City of Maplewood 1830 East City Road B Maplewood, MN 55109-2797 Re: Recommendations for the Issuance of: $11,790,000 Taxable General Obligation Bonds, Series 2010A $4,125,000 General Obligation Refunding Bonds, Series 2010B 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, March 8 2010. We will be forwarding under separate cover a contract amendment for services relating to arbitrage/rebate to include this issue. The City will need to sign and return the form 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, 'DYH5-D\H Dave R. Jaye Project Manager akb Enclosures 6IGSQQIRHEXMSRW *SV 'MX]SJ1ETPI[SSH1MRRIWSXE  8E\EFPI+IRIVEP3FPMKEXMSR&SRHW7IVMIW% &YMPH%QIVMGE&SRHWz(MVIGX4E]   +IRIVEP3FPMKEXMSR6IJYRHMRK&SRHW7IVMIW& 4VIPMQMREV]WYFNIGXXSGLERKI 4VIWIRXIHXS Honorable Will Rossbach, Mayor Members, City Council Mr. Jim Antonen, City Manager Mr. Robert Mittet, Finance Director City of Maplewood 1830 East City Road B Maplewood, MN 55109-2797 7XYH]2S 746-2+78)(-RGSVTSVEXIH 1EVGL 6)'311)2(%8-327 Re: Recommendations for the Issuance of: $11,790,000* Taxable General Obligation Bonds, Series 2010A (Build America Bonds – Direct Pay) (the “2010A Bonds” or “Improvement Bonds”) $4,125,000* General Obligation Refunding Bonds, Series 2010B (the “2010B Bonds” or “Refunding Bonds”) (Collectively the “Bonds” or the “Issues”) We respectfully request your consideration of our recommendations for the above-named Issue. The proceeds of the Improvement Bonds will be used to fund various capital improvements projects as more fully described below. The proceeds of the Refunding Bonds will be used to refund the City’s outstanding General Obligation Tax Increment Refunding Bonds, Series 2002C, General Obligation Bonds, Series 2003A, and General Obligation Sewer Revenue Bonds, Series 2003B (collectively, the “Refunded Bonds”). The refunding transaction is being undertaken to achieve interest cost savings. These recommendations contain a provision to receive offers for the Improvement Bonds as taxable “Build America Bonds” as well as tax exempt bonds. See the Discussion section for more information. We recommend the following for the Bonds: 1.To establish the date and time of receiving bids and %GXMSR6IUYIWXIH establish the terms and conditions of the offering. 2.Monday, April 12, 2010 at 10:30 A.M., with 7EPI(EXIERH8MQI consideration for award by the City Council at 7:00 P.M. that same day. 3.The Bonds will be sold through a competitive bidding 1IXLSHSJ7EPI 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. Good faith deposits will be required of bidders and may be submitted by (i) certified/cashier’s check, (ii) a financial surety bond or (iii) a wire transfer to Springsted as your agent. 4.The Bonds are being issued pursuant to Minnesota %YXLSVMX]JSVXLI&SRHW Statutes, Chapters 475, 469, 429, and 444. 4VIPMQMREV]WYFNIGXXSGLERKI City of Maplewood, Minnesota March 3, 2010 5.Improvement Bonds: $11,790,000* 4VMRGMTEP%QSYRXSJXLI&SRHW Refunding Bonds: $4,125,000* 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. 6.The Improvement Bonds will mature annually 6ITE]QIRX8IVQ February 1, 2012 through 2027. The Refunding Bonds will mature annually February 1, 2012 through 2019. Interest on both series of Bonds will be payable each February 1 and August 1, commencing February 1, 2011. 7. 7IGYVMX]ERH7SYVGISJ4E]QIRX The Bonds are general obligations of the City secured E 7IGYVMX] by its full faith and credit and taxing power. The Improvement Bonds will be repaid with a F 7SYVGISJ4E]QIRX combination of special assessments, utility revenues and ad valorem property taxes. In addition, the City will make a cash contribution in the amount of interest payable on the Improvement Bonds up to the point where levies or assessments are available for debt service. This will include interest payable on debt for all projects on February 1, 2011 and, for some projects, interest through February 1, 2012. The Refunding Bonds will be repaid with a combination of tax increment revenues, special assessments, sewer revenues, and ad valorem property taxes. The Refunding Bonds are a crossover refunding. The escrow established with the proceeds from the Refunding Bonds will be used to pay interest on that issue on February 1, 2011, The City will make its first levy for the Improvement G *MVWX4E]QIRX']GPI Bonds in 2010 for collection in 2011. Collection of Page 2 City of Maplewood, Minnesota March 3, 2010 assessments for some of the projects funded by the Improvement Bonds will begin in 2011 and for other projects will begin in 2012. The existing tax increment revenue, special assessment revenue, and sewer revenues that currently exist for the Refunded Bonds will remain in place. Refunding Bonds proceeds will fund an escrow that will pay debt service on the Refunding Bonds through February 1, 2011, after which the pledged revenue streams will be applied to the debt service on the Refunding Bonds. 8.The City may elect on February 20, 2020 and on any 4VITE]QIRX4VSZMWMSRW date thereafter to prepay Improvement Bonds due on or after February 1, 2021, in whole or in part, at a price of par plus interest accrued to the redemption date. Due to their short duration, and in order to assure the best pricing possible, the Refunding Bonds will not be subject to prepayment prior to their stated maturity. 9.In the event the Bonds are designated and issued as )\XVESVHMREV]6IHIQTXMSR Taxable Qualified Build America Bonds (Direct Pay) and only upon the occurrence of an Extraordinary Event, the County may elect to prepay the Bonds at any time and on any date at a price of par plus accrued interest. An “Extraordinary Event” will have occurred if a material adverse change has occurred to Section 54AA or 6431 of the Code (as such Sections were added by Section 1531 of the Recovery Act, pertaining to “Build America Bonds”) pursuant to which the County’s 35% direct payment credit from the United States Treasury is reduced or eliminated. 10.We have included a provision for the Bonds that permits 8IVQ&SRHW 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 Page 3 City of Maplewood, Minnesota March 3, 2010 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. 11.An application will be made to Standard & Poor’s 'VIHMX6EXMRK'SQQIRXW Ratings Services for a rating on the Bonds. The City’s outstanding general obligation debt is currently rated “Aa2” by Moody’s. 12. *IHIVEP8VIEWYV]6IKYPEXMSRW'SRGIVRMRK8E\ )\IQTX3FPMKEXMSRWERH8E\EFPI&YMPH%QIVMGE &SRHW The City is contemplating issuing the Improvement E &ERO5YEPMJMGEXMSR Bonds as either tax exempt bonds or as taxable Build America Bonds. If the Bonds are issued as tax-exempt bonds, the following will apply to them as well as to the Refunding Bonds. 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 issuer does not issue more than $30 million of tax- exempt bonds in a calendar year. Issues that are bank qualified generally receive lower interest rates than issues that are not bank qualified. Since the City does not plan on issuing more than $30 million of tax-exempt obligations in 2010, the Improvement Bonds, if issued as tax-exempt bonds, plus the Refunding Bonds are designated as bank qualified. The American Recovery and Reinvestment Tax Act of 2009 increased the previous bank qualification limit of $10 million to $30 million for tax-exempt bonds issued in 2009 and 2010. All tax-exempt issues and taxable Build America Bonds F %VFMXVEKI'SQTPMERGI 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. Page 4 City of Maplewood, Minnesota March 3, 2010 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. Bond proceeds, defined generally as both the original M 6IFEXI principal of the issue and the investment earnings on the principal, have 6, 18 and 24-month spend down exemption periods. 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 Improvement Bonds are expected to meet one of the spend down exemptions, in which case no rebate of construction fund interest earnings will be required. The City should be aware that this test is an "actual" test, not one of "reasonable expectations” and you will need to determine if the spend down was met or if rebate may be required. In any event, Improvement Bond proceeds, if any, not set aside for project expenditures may still be subject to rebate. Although the Improvement Bonds may be exempt from rebate, the City must still comply with the arbitrage regulations which require yield restriction of proceeds remaining in a project fund after the three-year temporary period. The net proceeds of the Refunding Bonds will be invested in an escrow account at a yield no greater than the yield on the Refunding Bonds. Therefore, the 2010B Bond proceeds will not be subject to rebate. The City must maintain a bona fide debt service fund for MM &SRE*MHI(IFX7IVZMGI*YRH 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 Page 5 City of Maplewood, Minnesota March 3, 2010 permitted equal to the greater of the investment earnings in the fund during the prior year or 1/12 the debt service of the prior year. Additionally, all original proceeds of bonds and interest earnings on those proceeds must be expended within three years, or the remaining proceeds will be subject to yield restriction. Additional diligence should be exercised in monitoring the debt service fund for the Issues 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 compliance 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 G )GSRSQMG0MJI the economic life of the projects to be financed. The average life of the projects financed by the Improvement Bonds is over 10 years and the average life of the Improvement Bonds is 8.545 years. Therefore the Improvement Bonds are within the economic life requirements. Because the average life of the Refunding Bonds is shorter than the remaining average lives of the Refunded Issues, the Refunding Bonds are within the economic life requirements. Federal reimbursement regulations require the Council I *IHIVEP6IMQFYVWIQIRX6IKYPEXMSRW 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 Bond proceeds. It is our understanding the Council has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Improvement Bonds. 13.The Bonds are subject to continuing disclosure 'SRXMRYMRK(MWGPSWYVI requirements set forth by the Securities and Exchange Commission. The SEC rules require the underwriter of the Bonds to provide an annual update of certain Page 6 City of Maplewood, Minnesota March 3, 2010 Official Statement information and report any material events to bond holders. The purchaser therefore requires the City to commit to providing such information under a continuing disclosure agreement or “undertaking.” If the City does not enter into such an agreement prior to the offering of the debt, underwriters will not offer a bid to purchase the Bonds. 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. 14.Improvement Bonds %XXEGLQIRXW Sources and Uses of Funds Assessment Schedules Debt Service Schedule Refunding Bonds Refunding Schedules Terms of Proposal (-7'977-32 As part of the American Recovery and Reinvestment Act (ARRA) of 2009, municipal issuers such as the City are permitted to issue “Build America Bonds” or “BABs” as an alternative to traditional tax exempt municipal bonds in order to fund public capital expenditures. Under ARRA, BABs may be issued with a 35% tax credit to the investor or a 35% direct payment tax credit to the issuers, whereby the issuer receives a 35% rebate of their semi-annual interest payments directly from the federal government. Pursuant to discussions with City staff regarding BABs (direct pay) we are recommending that the City permits two alternative options for underwriters for the Improvement Bonds. Underwriters may bid the Improvement Bonds on a traditional tax-exempt basis or they may bid the Improvement Bonds as BABs (direct pay) at taxable rates with a tax credit to the City. The best offer for the City will be based on an analysis that compares the tax-exempt offers to the taxable offers net of the direct pay tax credit. In most cases, bonds that have been offered as both tax-exempt and as BABs, BABs have been the better offer. Therefore, for purposes of these Recommendations we are showing the bond structure and debt service schedule as BABs. ARRA does not currently permit the use of BABs for refunding transactions. Therefore, the above BABs discussion will not apply to the Refunding Bonds. Page 7 City of Maplewood, Minnesota March 3, 2010 8LI-QTVSZIQIRX&SRHW Proceeds of the Improvement Bonds will be used to finance infrastructure improvement projects in various areas of the City. The Improvement Bonds are being issued for six separate projects, with four different sources of repayment. The City will contribute cash in the approximate amount of $529,000 for the EUF project. The projects are as appear in the following table, which shows the location of each project, the source of repayment, and the cost of construction: LevyAssessmentEUFWACTotals: White Bear Avenue $ 1,738,475 $ 355,000 $ 2,093,475 County Road D 312,147312,147 Stillwater335,300335,300 Stanich1,203,737760,263152,00045,3002,161,300 Hills/Dale3,164,2832,792,7211,060,541 101,3767,118,921 TH 36/Rice 120,000120,000 $ 4,368,020 $ 5,723,606 $ 1,547,841 $ 501,676 $12,141,143 The six projects have been combined into a single bond issue. Combining the purposes into one bond issue allows the City to save costs of issuance and provides larger principal maturities, thus making the Improvement Bonds more marketable. Page 11 shows the sources and uses of funds for the Improvement Bonds, including costs of issuance and allowance for discount bidding. The Improvement Bonds will be general obligations of the City, secured by its full faith and credit and taxing power. The Improvement Bonds will be payable from special assessments against benefited properties, water and wastewater utility revenues and ad valorem property taxes. Special assessments will be filed against the projects as shown in the table below: 4VSNIGX%WWIWWIH%QSYRX%WWIWWQIRX8IVQ)WX*MPMRK(EXI*MVWX'SPPIGX=IEV White Bear Avenue 1,764,7008 years November 15, 2010 2011 County Road D 316,90015 years November 15, 2011 2012 Stanich771,70015 years November 15, 2011 2012 Hills/Dale2,834,90015 years November 15, 2011 2012 TH 36/Rice 121,8008 years November 15, 2010 2011 Total5,810,000 Pages 12 through 17 show the calculation of assessment income for the Improvement Bonds. The City will contribute cash at bond closing to fund interest payments on the Improvement Bonds until collections of special assessments and tax levies are available to pay debt service. Depending on when collection commence, the City will contribute as necessary one to three semiannual interest payments for each purpose described above.If the Improvement Bonds are ultimately sold as BABs, under federal regulations the City would not be permitted to fund capitalized interest from Improvement Bond proceeds beyond the project construction period. Page 8 City of Maplewood, Minnesota March 3, 2010 Debt service on the assessed projects is structured around assessment income. Debt service for the tax levy, EUF and WAC portions of the financing was structured to provide for even annual payments of principal and interest. Pages 18 through 26 show the debt service for the Issue as a whole and for each of the component parts. 8LI6IJYRHMRK&SRHW The proceeds of the Refunding Bonds will be used to refund, in advance of their maturity, the City’s Series 2002C Bonds, currently outstanding in the aggregate principal amount of $1,985,000, the City’s Series 2003A Bonds, currently outstanding in the aggregate principal amount of $2,130,000, and the City’s Series 2003B Bonds, currently outstanding in the aggregate principal amount of $835,000. This refunding is being undertaken to achieve interest cost savings. The issuance of the Refunding Bonds is being conducted as a crossover refunding, in which the proceeds of the Refunding Bonds (new issue) are placed in an escrow account with a major bank and invested in government securities. These securities and their earnings are structured to pay interest on the Refunding Bonds until the optional prepayment date (call date) of the Refunded Bonds (old issue), at which time the escrow account will crossover and prepay all of the remaining principal of the Refunded Bonds. The City will continue to pay the originally scheduled debt service on the Refunded Bonds until the call date of February 1, 2011. After the call date, the City will cross over and begin making debt service payments on the Refunding Bonds, taking advantage of the lower interest rates. Based on current interest rate estimates, the refunding is projected to result in the City realizing aggregate future value savings of approximately $170,000. This results in net present value savings of approximately $158,300. These estimates are net of all costs of issuance associated with the refunding issue. The Refunding Bonds will be general obligations of the City, secured by its full faith and credit and taxing power. The Refunding Bonds will be payable from the same sources pledged to the repayment of the Refunded Bonds. Those sources include: (i) special assessments against benefited properties, (ii) utility revenues and (iii) tax increments derived from the City’s Housing Districts No. 1-1, No. 1-2, and No. 1-3 and Economic Development Districts No. 1-1, No. 1-2, and No. 1-3, located within the City’s Development District No. 1. It is expected that the City will be required to levy taxes or use other funds on hand to supplement the listed sources of repayment. We have attached a set of schedules that summarizes the sources and uses of funds and debt service on the financing, on the basis of the entire issue and for each of the funding purposes. The schedules include: Preliminary Feasibility Summary: shows the detailed sources and uses of funds for the Refunding Bonds and statistical information relating to the refunding transaction – page 27 Debt Service Schedule: Shows the aggregate debt service schedule for the Refunding Bonds in their entirety – page 28 Debt Service Comparison: shows the total projected annual cash flow savings of the Refunding Bonds in comparison to the aggregate existing debt service on the Refunded Bonds –page 29 Page 9 City of Maplewood, Minnesota March 3, 2010 Prior Original Debt Service: shows the existing debt service requirements on the Refunded Bonds without a refunding – pages 30 through 32 Debt Service to Call and to Maturity: shows the Refunded Bonds’ remaining debt service to the call date and to maturity – pages 33 through 35 Debt Service Schedules: show the new projected debt service on the individual components of the Refunding Bonds based on current estimated interest rates – pages 36 through 38 Debt Service Comparison: shows the projected annual cash flow savings of the individual components of the Refunding Bonds in comparison to the existing debt service on the Refunded Bonds – pages 39 through 41 Minnesota statutes require a minimum present value savings threshold of 3% for advance refunding transactions. As of this date that requirement is met. The success of any refunding is dependent on market fluctuations. Springsted will continue to monitor interest rates and will inform you as needed of any developments affecting the success of this refunding. Springsted Incorporated is pleased to again be of service to the City of Maplewood. Respectfully submitted, SPRINGSTED Incorporated DRJ akb Provided to Staff: Arbitrage/Rebate Contract Amendment Page 10 Page 11 $5,810,000 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A Assessments (Build America Bonds) Aggregate Assessment Income By Project DATESeries 2010A Imp Series 2010A Imp Series 2010A Imp Series 2010A Imp Series 2010A Imp TOTAL Bonds - White Bonds -County Bonds -Stanich Bonds -Hills/Dale Bonds -TH Bear Ave 8 yrRoad D 15 yr15 yr15 yr36/Rice 8 yr 12/31/2011328,057.73---22,642.62350,700.35 12/31/2012303,969.5840,425.8898,443.20361,638.7520,980.06825,457.47 12/31/2013292,057.8637,098.4390,340.35331,872.3020,157.90771,526.84 12/31/2014280,146.1235,957.5987,562.23321,666.6619,335.76744,668.36 12/31/2015268,234.4034,816.7584,784.11311,461.0218,513.60717,809.88 12/31/2016256,322.6833,675.9182,005.99301,255.3817,691.46690,951.42 12/31/2017244,410.9632,535.0779,227.87291,049.7316,869.30664,092.93 12/31/2018232,499.2231,394.2376,449.75280,844.0916,047.16637,234.45 12/31/2019-30,253.3973,671.63270,638.45-374,563.47 12/31/2020-29,112.5570,893.51260,432.81-360,438.87 12/31/2021-27,971.7168,115.39250,227.17-346,314.27 12/31/2022-26,830.8665,337.26240,021.53-332,189.65 12/31/2023-25,690.0262,559.14229,815.89-318,065.05 12/31/2024-24,549.1859,781.02219,610.25-303,940.45 12/31/2025-23,408.3457,002.90209,404.61-289,815.85 12/31/2026-22,267.5054,224.78199,198.97-275,691.25 Total$2,205,698.55$455,987.41$1,110,399.13$4,079,137.61$152,237.86$8,003,460.56 armounts eectessues PAOfSldI Series 2010A Im-White Bear Ave...................................................................................................................................1,764,700.00 . Series 2010A Im-County Road D....................................................................................................................................316,900.00 771,700.00 Series 2010A Im-Stanich 15 yr....................................................................................................................................... . 2,834,900.00 Series 2010A Im-Hills/Dale 15........................................................................................................................................ . Series 2010A Im-TH 36/Rice 8 y.....................................................................................................................................121,800.00 TOTAL............................................................................................................................................................................5,810,000.00    Page 12 $1,764,700 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A Assessments Assessed Portion - White Bear ASSESSMENT INCOME DatePrincipalCouponInterestTotal P+I 12/31/2010---- 12/31/2011220,587.505.400%107,470.23328,057.73 12/31/2012220,587.505.400%83,382.08303,969.58 12/31/2013220,587.505.400%71,470.36292,057.86 12/31/2014220,587.505.400%59,558.62280,146.12 12/31/2015220,587.505.400%47,646.90268,234.40 12/31/2016220,587.505.400%35,735.18256,322.68 12/31/2017220,587.505.400%23,823.46244,410.96 12/31/2018220,587.505.400%11,911.72232,499.22 Total$1,764,700.00-$440,998.55$2,205,698.55 SIGNIFICANTDATES Filing Date........................................................................................................................................................................11/15/2010 . First Payment Date...........................................................................................................................................................12/31/2011    Page 13 $316,900 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A Assessments Assessed Portion - County Road D ASSESSMENT INCOME DatePrincipalCouponInterestTotal P+I 12/31/2011---- 12/31/201221,126.675.400%19,299.2140,425.88 12/31/201321,126.675.400%15,971.7637,098.43 12/31/201421,126.675.400%14,830.9235,957.59 12/31/201521,126.675.400%13,690.0834,816.75 12/31/201621,126.675.400%12,549.2433,675.91 12/31/201721,126.675.400%11,408.4032,535.07 12/31/201821,126.675.400%10,267.5631,394.23 12/31/201921,126.675.400%9,126.7230,253.39 12/31/202021,126.675.400%7,985.8829,112.55 12/31/202121,126.675.400%6,845.0427,971.71 12/31/202221,126.665.400%5,704.2026,830.86 12/31/202321,126.665.400%4,563.3625,690.02 12/31/202421,126.665.400%3,422.5224,549.18 12/31/202521,126.665.400%2,281.6823,408.34 12/31/202621,126.665.400%1,140.8422,267.50 Total$316,900.00-$139,087.41$455,987.41 SIGNIFICANTDATES Filing Date...........................................................................................................................................................................11/15/2011 First Payment Date.............................................................................................................................................................12/31/2012    Page 14 $771,700 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A Assessments Assessed Portion - Stanich ASSESSMENT INCOME DatePrincipalCouponInterestTotal P+I 12/31/2011---- 12/31/201251,446.675.400%46,996.5398,443.20 12/31/201351,446.675.400%38,893.6890,340.35 12/31/201451,446.675.400%36,115.5687,562.23 12/31/201551,446.675.400%33,337.4484,784.11 12/31/201651,446.675.400%30,559.3282,005.99 12/31/201751,446.675.400%27,781.2079,227.87 12/31/201851,446.675.400%25,003.0876,449.75 12/31/201951,446.675.400%22,224.9673,671.63 12/31/202051,446.675.400%19,446.8470,893.51 12/31/202151,446.675.400%16,668.7268,115.39 12/31/202251,446.665.400%13,890.6065,337.26 12/31/202351,446.665.400%11,112.4862,559.14 12/31/202451,446.665.400%8,334.3659,781.02 12/31/202551,446.665.400%5,556.2457,002.90 12/31/202651,446.665.400%2,778.1254,224.78 Total$771,700.00-$338,699.13$1,110,399.13 SIGNIFICANTDATES Filing Date........................................................................................................................................................................11/15/2011 First Payment Date..........................................................................................................................................................12/31/2012 .    Page 15 $2,834,900 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A Assessments Assessed Portion - Hills/Dale ASSESSMENT INCOME DatePrincipalCouponInterestTotal P+I 12/31/2011---- 12/31/2012188,993.345.400%172,645.41361,638.75 12/31/2013188,993.345.400%142,878.96331,872.30 12/31/2014188,993.345.400%132,673.32321,666.66 12/31/2015188,993.345.400%122,467.68311,461.02 12/31/2016188,993.345.400%112,262.04301,255.38 12/31/2017188,993.335.400%102,056.40291,049.73 12/31/2018188,993.335.400%91,850.76280,844.09 12/31/2019188,993.335.400%81,645.12270,638.45 12/31/2020188,993.335.400%71,439.48260,432.81 12/31/2021188,993.335.400%61,233.84250,227.17 12/31/2022188,993.335.400%51,028.20240,021.53 12/31/2023188,993.335.400%40,822.56229,815.89 12/31/2024188,993.335.400%30,616.92219,610.25 12/31/2025188,993.335.400%20,411.28209,404.61 12/31/2026188,993.335.400%10,205.64199,198.97 Total$2,834,900.00-$1,244,237.61$4,079,137.61 SIGNIFICANTDATES Filing Date........................................................................................................................................................................11/15/2011 12/31/2012 First Payment Date.......................................................................................................................................................... .    Page 16 $121,800 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A Assessments Assessed Portion - TH 36 ASSESSMENT INCOME DatePrincipalCouponInterestTotal P+I 12/31/2010---- 12/31/201115,225.005.400%7,417.6222,642.62 12/31/201215,225.005.400%5,755.0620,980.06 12/31/201315,225.005.400%4,932.9020,157.90 12/31/201415,225.005.400%4,110.7619,335.76 12/31/201515,225.005.400%3,288.6018,513.60 12/31/201615,225.005.400%2,466.4617,691.46 12/31/201715,225.005.400%1,644.3016,869.30 12/31/201815,225.005.400%822.1616,047.16 Total$121,800.00-$30,437.86$152,237.86 SIGNIFICANTDATES Filing Date...........................................................................................................................................................................11/15/2010 . First Payment Date..............................................................................................................................................................12/31/2011    Page 17 Page 18 $4,435,000 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A Levy Portion NET DEBT SERVICE SCHEDULE DatePrincipalCouponInterestFederal CreditTotal P+ICIFNet New D/S105% Overlevy 02/01/2011--131,707.50(46,097.62)85,609.88(85,610.00)(0.12)(0.13) 02/01/2012255,000.001.300%175,610.00(61,463.50)369,146.50-369,146.50387,603.83 02/01/2013260,000.001.850%172,295.00(60,303.24)371,991.76-371,991.76390,591.35 02/01/2014260,000.002.500%167,485.00(58,619.74)368,865.26-368,865.26387,308.52 02/01/2015265,000.002.900%160,985.00(56,344.74)369,640.26-369,640.26388,122.27 02/01/2016270,000.003.400%153,300.00(53,655.00)369,645.00-369,645.00388,127.25 02/01/2017275,000.003.750%144,120.00(50,442.00)368,678.00-368,678.00387,111.90 02/01/2018280,000.004.000%133,807.50(46,832.62)366,974.88-366,974.88385,323.62 02/01/2019290,000.004.350%122,607.50(42,912.62)369,694.88-369,694.88388,179.62 02/01/2020300,000.004.400%109,992.50(38,497.36)371,495.14-371,495.14390,069.90 02/01/2021305,000.004.500%96,792.50(33,877.36)367,915.14-367,915.14386,310.90 02/01/2022315,000.004.650%83,067.50(29,073.62)368,993.88-368,993.88387,443.57 02/01/2023325,000.004.800%68,420.00(23,947.00)369,473.00-369,473.00387,946.65 02/01/2024335,000.004.950%52,820.00(18,487.00)369,333.00-369,333.00387,799.65 02/01/2025345,000.005.050%36,237.50(12,683.12)368,554.38-368,554.38386,982.10 02/01/2026355,000.005.300%18,815.00(6,585.24)367,229.76-367,229.76385,591.25 Total$4,435,000.00-$1,828,062.50(639,821.78)$5,623,240.72(85,610.00)$5,537,630.72$5,814,512.26 SIGNIFICANTDATES Dated Date...................................................................................................................................................................................5/01/2010 Delivery Date...............................................................................................................................................................................5/01/2010 . First Coupon Date........................................................................................................................................................................2/01/2011 etatstcs YildSii Bond Year Dollars........................................................................................................................................................................$40,846.25 Average Life.................................................................................................................................................................................9.210 Years Average Coupon..........................................................................................................................................................................4.4754720% Net Interest Cost (NIC)................................................................................................................................................................4.5949077% . True Interest Cost (TIC)...............................................................................................................................................................4.5650969% . Bond Yield for Arbitrage Purposes...............................................................................................................................................2.8110028% All Inclusive Cost (AIC)................................................................................................................................................................3.0721639% . orm IRSF8038 Net Interest Cost..........................................................................................................................................................................4.4754720% Weighted Average Maturity..........................................................................................................................................................9.210 Years    Page 19 $1,035,000 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A EUF Portion NET DEBT SERVICE SCHEDULE DatePrincipalCouponInterestFederal CreditTotal P+ICIFNet New D/S105% Overlevy 02/01/2011--30,770.63(10,769.71)20,000.92(20,001.00)(0.08)(0.08) 02/01/201260,000.001.300%41,027.50(14,359.62)86,667.88-86,667.8891,001.27 02/01/201360,000.001.850%40,247.50(14,086.62)86,160.88-86,160.8890,468.92 02/01/201460,000.002.500%39,137.50(13,698.12)85,439.38-85,439.3889,711.35 02/01/201560,000.002.900%37,637.50(13,173.12)84,464.38-84,464.3888,687.60 02/01/201665,000.003.400%35,897.50(12,564.12)88,333.38-88,333.3892,750.05 02/01/201765,000.003.750%33,687.50(11,790.62)86,896.88-86,896.8891,241.72 02/01/201865,000.004.000%31,250.00(10,937.50)85,312.50-85,312.5089,578.13 02/01/201965,000.004.350%28,650.00(10,027.50)83,622.50-83,622.5087,803.63 02/01/202070,000.004.400%25,822.50(9,037.86)86,784.64-86,784.6491,123.87 02/01/202170,000.004.500%22,742.50(7,959.86)84,782.64-84,782.6489,021.77 02/01/202275,000.004.650%19,592.50(6,857.36)87,735.14-87,735.1492,121.90 02/01/202375,000.004.800%16,105.00(5,636.74)85,468.26-85,468.2689,741.67 02/01/202480,000.004.950%12,505.00(4,376.74)88,128.26-88,128.2692,534.67 02/01/202580,000.005.050%8,545.00(2,990.74)85,554.26-85,554.2689,831.97 02/01/202685,000.005.300%4,505.00(1,576.74)87,928.26-87,928.2692,324.67 Total$1,035,000.00-$428,123.13(149,842.97)$1,313,280.16(20,001.00)$1,293,279.16$1,357,943.12 SIGNIFICANTDATES Dated Date...............................................................................................................................................................................5/01/2010 Delivery Date............................................................................................................................................................................5/01/2010 First Coupon Date....................................................................................................................................................................2/01/2011 . etatstcs YildSii Bond Year Dollars....................................................................................................................................................................$9,556.25 . 9.233 Years Average Life............................................................................................................................................................................. . Average Coupon.......................................................................................................................................................................4.4800328% Net Interest Cost (NIC).............................................................................................................................................................4.5991694% True Interest Cost (TIC)............................................................................................................................................................4.5693286% Bond Yield for Arbitrage Purposes............................................................................................................................................2.8110028% All Inclusive Cost (AIC).............................................................................................................................................................3.0747244% orm IRSF8038 Net Interest Cost......................................................................................................................................................................4.4800328% . Weighted Average Maturity......................................................................................................................................................9.233 Years .    Page 20 $510,000 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A St Paul WAC Portion NET DEBT SERVICE SCHEDULE DatePrincipalCouponInterestFederal Total P+ICIFNet New D/S105% CreditOverlevy 02/01/2011--15,131.25(5,295.93)9,835.32(9,836.00)(0.68)(0.71) 02/01/201230,000.001.300%20,175.00(7,061.24)43,113.76-43,113.7645,269.45 02/01/201330,000.001.850%19,785.00(6,924.74)42,860.26-42,860.2645,003.27 02/01/201430,000.002.500%19,230.00(6,730.50)42,499.50-42,499.5044,624.48 02/01/201530,000.002.900%18,480.00(6,468.00)42,012.00-42,012.0044,112.60 02/01/201630,000.003.400%17,610.00(6,163.50)41,446.50-41,446.5043,518.83 02/01/201730,000.003.750%16,590.00(5,806.50)40,783.50-40,783.5042,822.68 02/01/201835,000.004.000%15,465.00(5,412.74)45,052.26-45,052.2647,304.87 02/01/201935,000.004.350%14,065.00(4,922.74)44,142.26-44,142.2646,349.37 02/01/202035,000.004.400%12,542.50(4,389.86)43,152.64-43,152.6445,310.27 02/01/202135,000.004.500%11,002.50(3,850.86)42,151.64-42,151.6444,259.22 02/01/202235,000.004.650%9,427.50(3,299.62)41,127.88-41,127.8843,184.27 02/01/202335,000.004.800%7,800.00(2,730.00)40,070.00-40,070.0042,073.50 02/01/202440,000.004.950%6,120.00(2,142.00)43,978.00-43,978.0046,176.90 02/01/202540,000.005.050%4,140.00(1,449.00)42,691.00-42,691.0044,825.55 02/01/202640,000.005.300%2,120.00(742.00)41,378.00-41,378.0043,446.90 Total$510,000.00-$209,683.75(73,389.23)$646,294.52(9,836.00)$636,458.52$668,281.45 SIGNIFICANTDATES Dated Date.........................................................................................................................................................................5/01/2010 Delivery Date......................................................................................................................................................................5/01/2010 First Coupon Date..............................................................................................................................................................2/01/2011 . etatstcs YildSii Bond Year Dollars..............................................................................................................................................................$4,687.50 . Average Life.......................................................................................................................................................................9.191 Years 4.4732533% Average Coupon................................................................................................................................................................ . Net Interest Cost (NIC).......................................................................................................................................................4.5929333% True Interest Cost (TIC).....................................................................................................................................................4.5631955% . Bond Yield for Arbitrage Purposes.....................................................................................................................................2.8110028% . All Inclusive Cost (AIC).......................................................................................................................................................3.0710853% orm IRSF8038 Net Interest Cost................................................................................................................................................................4.4732533% . Weighted Average Maturity................................................................................................................................................9.191 Years .    Page 21 Page 22 $320,000 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A Assessed Portion - County Road D NET DEBT SERVICE SCHEDULE DatePrincipalCouponInterestFederal Total P+ICIFNet New D/S105% of TotalAssessmentLevy CreditRequired 02/01/2011--9,547.50(3,341.62)6,205.88(6,294.85)(88.97)(93.42)-(93.42) 02/01/2012--12,730.00(4,455.50)8,274.50(8,393.14)(118.64)(124.57)-(124.57) 02/01/201330,000.001.850%12,730.00(4,455.50)38,274.50-38,274.5040,188.2340,425.88(237.65) 02/01/201425,000.002.500%12,175.00(4,261.24)32,913.76-32,913.7634,559.4537,098.43(2,538.98) 02/01/201525,000.002.900%11,550.00(4,042.50)32,507.50-32,507.5034,132.8835,957.59(1,824.72) 02/01/201625,000.003.400%10,825.00(3,788.74)32,036.26-32,036.2633,638.0734,816.75(1,178.68) 02/01/201720,000.003.750%9,975.00(3,491.24)26,483.76-26,483.7627,807.9533,675.91(5,867.96) 02/01/201820,000.004.000%9,225.00(3,228.74)25,996.26-25,996.2627,296.0732,535.07(5,239.00) 02/01/201920,000.004.350%8,425.00(2,948.74)25,476.26-25,476.2626,750.0731,394.23(4,644.16) 02/01/202020,000.004.400%7,555.00(2,644.24)24,910.76-24,910.7626,156.3030,253.39(4,097.09) 02/01/202120,000.004.500%6,675.00(2,336.24)24,338.76-24,338.7625,555.7029,112.55(3,556.85) 02/01/202220,000.004.650%5,775.00(2,021.24)23,753.76-23,753.7624,941.4527,971.71(3,030.26) 02/01/202320,000.004.800%4,845.00(1,695.74)23,149.26-23,149.2624,306.7226,830.86(2,524.14) 02/01/202420,000.004.950%3,885.00(1,359.74)22,525.26-22,525.2623,651.5225,690.02(2,038.50) 02/01/202520,000.005.050%2,895.00(1,013.24)21,881.76-21,881.7622,975.8524,549.18(1,573.33) 02/01/202620,000.005.300%1,885.00(659.74)21,225.26-21,225.2622,286.5223,408.34(1,121.82) 02/01/202715,000.005.500%825.00(288.74)15,536.26-15,536.2616,313.0722,267.50(5,954.43) Total$320,000.00-$131,522.50(46,032.74)$405,489.76(14,687.99)$390,801.77$410,341.86$455,987.41(45,645.55) Dated.................................................................................................................................................................................................. .5/01/2010 Delivery Date.......................................................................................................................................................................................... .5/01/2010 First Coupon Date...................................................................................................................................................................................... .2/01/2011 etatstcs YildSii Bond Year Dollars...................................................................................................................................................................................... .$2,940.00 Average Life........................................................................................................................................................................................... .9.188 Years Average Coupon......................................................................................................................................................................................... .4.4735544% Net Interest Cost (NIC)................................................................................................................................................................................ .4.5932823% True Interest Cost (TIC)............................................................................................................................................................................... .4.5540753% Bond Yield for Arbitrage Purposes...................................................................................................................................................................... .2.8110028% All Inclusive Cost (AIC)............................................................................................................................................................................... .3.0670257% orm IRSF8038 Net Interest Cost...................................................................................................................................................................................... .4.4735544% Weighted Average Maturity.............................................................................................................................................................................. .9.188 Years    Page 23 $770,000 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A Assessed Portion - Stanich NET DEBT SERVICE SCHEDULE DatePrincipalCouponInterestFederal CreditTotal P+ICIFNet New D/S105% of TotalAssessmentLevy Required 02/01/2011--23,077.50(8,077.12)15,000.38(15,119.82)(119.44)(125.41)-(125.41) 02/01/2012--30,770.00(10,769.50)20,000.50(20,159.76)(159.26)(167.22)-(167.22) 02/01/201365,000.001.850%30,770.00(10,769.50)85,000.50-85,000.5089,250.5398,443.20(9,192.68) 02/01/201460,000.002.500%29,567.50(10,348.62)79,218.88-79,218.8883,179.8290,340.35(7,160.53) 02/01/201560,000.002.900%28,067.50(9,823.62)78,243.88-78,243.8882,156.0787,562.23(5,406.16) 02/01/201655,000.003.400%26,327.50(9,214.62)72,112.88-72,112.8875,718.5284,784.11(9,065.59) 02/01/201755,000.003.750%24,457.50(8,560.12)70,897.38-70,897.3874,442.2582,005.99(7,563.74) 02/01/201855,000.004.000%22,395.00(7,838.24)69,556.76-69,556.7673,034.6079,227.87(6,193.27) 02/01/201950,000.004.350%20,195.00(7,068.24)63,126.76-63,126.7666,283.1076,449.75(10,166.65) 02/01/202050,000.004.400%18,020.00(6,307.00)61,713.00-61,713.0064,798.6573,671.63(8,872.98) 02/01/202150,000.004.500%15,820.00(5,537.00)60,283.00-60,283.0063,297.1570,893.51(7,596.36) 02/01/202250,000.004.650%13,570.00(4,749.50)58,820.50-58,820.5061,761.5368,115.39(6,353.87) 02/01/202345,000.004.800%11,245.00(3,935.74)52,309.26-52,309.2654,924.7265,337.26(10,412.54) 02/01/202445,000.004.950%9,085.00(3,179.74)50,905.26-50,905.2653,450.5262,559.14(9,108.62) 02/01/202545,000.005.050%6,857.50(2,400.12)49,457.38-49,457.3851,930.2559,781.02(7,850.77) 02/01/202645,000.005.300%4,585.00(1,604.74)47,980.26-47,980.2650,379.2757,002.90(6,623.63) 02/01/202740,000.005.500%2,200.00(770.00)41,430.00-41,430.0043,501.5054,224.78(10,723.28) Total$770,000.00-$317,010.00(110,953.42)$976,056.58(35,279.58)$940,777.00$987,815.85$1,110,399.13(122,583.28) Dated.................................................................................................................................................................................................. .5/01/2010 Delivery Date.......................................................................................................................................................................................... .5/01/2010 First Coupon Date...................................................................................................................................................................................... .2/01/2011 etatstcs YildSii Bond Year Dollars...................................................................................................................................................................................... .$7,087.50 Average Life........................................................................................................................................................................................... .9.205 Years Average Coupon......................................................................................................................................................................................... .4.4728042% Net Interest Cost (NIC)................................................................................................................................................................................ .4.5923104% True Interest Cost (TIC)............................................................................................................................................................................... .4.5543467% Bond Yield for Arbitrage Purposes...................................................................................................................................................................... .2.8110028% All Inclusive Cost (AIC)............................................................................................................................................................................... .3.0666759% orm IRSF8038 Net Interest Cost...................................................................................................................................................................................... .4.4728042% Weighted Average Maturity.............................................................................................................................................................................. .9.205 Years    Page 24 Page 25 $120,000 City of Maplewood, Minnesota Taxable General Obligation Improvement Bonds, Series 2010A Assessed Portion - TH 36 NET DEBT SERVICE SCHEDULE DatePrincipalCouponInterestFederal Total P+ICIFNet New D/S105% of TotalAssessmentLevy CreditRequired 02/01/2011--2,705.63(946.96)1,758.67(1,791.00)(32.33)(33.95)-(33.95) 02/01/201215,000.001.300%3,607.50(1,262.62)17,344.88-17,344.8818,212.1222,642.62(4,430.50) 02/01/201315,000.001.850%3,412.50(1,194.36)17,218.14-17,218.1418,079.0520,980.06(2,901.01) 02/01/201415,000.002.500%3,135.00(1,097.24)17,037.76-17,037.7617,889.6520,157.90(2,268.25) 02/01/201515,000.002.900%2,760.00(966.00)16,794.00-16,794.0017,633.7019,335.76(1,702.06) 02/01/201615,000.003.400%2,325.00(813.74)16,511.26-16,511.2617,336.8218,513.60(1,176.78) 02/01/201715,000.003.750%1,815.00(635.24)16,179.76-16,179.7616,988.7517,691.46(702.71) 02/01/201815,000.004.000%1,252.50(438.36)15,814.14-15,814.1416,604.8516,869.30(264.45) 02/01/201915,000.004.350%652.50(228.36)15,424.14-15,424.1416,195.3516,047.16148.19 Total$120,000.00-$21,665.63(7,582.88)$134,082.75(1,791.00)$132,291.75$138,906.34$152,237.86(13,331.52) Dated.................................................................................................................................................................................................. .5/01/2010 Delivery Date.......................................................................................................................................................................................... .5/01/2010 First Coupon Date...................................................................................................................................................................................... .2/01/2011 eascs YildSttiti Bond Year Dollars...................................................................................................................................................................................... .$630.00 Average Life........................................................................................................................................................................................... .5.250 Years Average Coupon......................................................................................................................................................................................... .3.4389889% Net Interest Cost (NIC)................................................................................................................................................................................ .3.6485127% True Interest Cost (TIC)............................................................................................................................................................................... .3.6423960% Bond Yield for Arbitrage Purposes...................................................................................................................................................................... .2.8110028% All Inclusive Cost (AIC)............................................................................................................................................................................... .2.5277488% orm IRSF8038 Net Interest Cost...................................................................................................................................................................................... .3.4389889% Weighted Average Maturity.............................................................................................................................................................................. .5.250 Years   Page 26  $4,125,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2010 Crossover Refunding of Series 2002C, 2003A and 2003B Project Summary Dated 05/01/2010 | Delivered 05/01/2010 Issue 2010 Ref 02C2010 Ref 03A2010 Ref 03BSummary Sources Of Funds Par Amount of Bonds...............................................................$1,410,000.00$1,940,000.00$775,000.00$4,125,000.00 . Total Sources..........................................................................$1,410,000.00$1,940,000.00$775,000.00$4,125,000.00 Uses Of Funds Deposit to Crossover Escrow Fund...........................................1,379,994.271,902,815.48759,409.574,042,219.32 Costs of Issuance.....................................................................15,689.4521,586.918,623.6445,900.00 Total Underwriter's Discount (0.675%).....................................9,517.5013,095.005,231.2527,843.75 Rounding Amount.....................................................................4,798.782,502.611,735.549,036.93 Total Uses...............................................................................$1,410,000.00$1,940,000.00$775,000.00$4,125,000.00 . Flow of Funds Detail State and Local Government Series (SLGS) rates for............... Date of OMP Candidates.......................................................... Primary Purpose Fund Solution Method...................................Net FundedNet FundedNet FundedNet Funded . Total Cost of Investments.........................................................$1,379,994.27$1,902,815.48$759,409.57$4,042,219.32 Interest Earnings @ 0.282%.....................................................2,915.114,019.521,604.188,538.81 Total Draws..............................................................................$1,382,909.38$1,906,835.00$761,013.75$4,050,758.13 . PV Analysis Summary (Net to Net) Net PV Cashflow Savings @ 1.962%(Bond Yield)...................61,680.5262,625.3824,958.79149,264.69 Contingency or Rounding Amount............................................4,798.782,502.611,735.549,036.93 . Net Present Value Benefit........................................................$66,479.30$65,127.99$26,694.33$158,301.62 . Net PV Benefit / $4,000,000 Refunded Principal......................4.853%3.464%3.559%3.958% Net PV Benefit / $4,125,000 Refunding Principal.....................4.715%3.357%3.444%3.838% Bond Statistics Average Life.............................................................................3.317 Years5.155 Years5.311 Years4.556 Years . Average Coupon.......................................................................1.3375068%2.1793250%2.2139994%1.9774028% Net Interest Cost (NIC).............................................................1.5409809%2.3102750%2.3410872%2.1255571% . Bond Yield for Arbitrage Purposes............................................1.9621871%1.9621871%1.9621871%1.9621871% True Interest Cost (TIC)............................................................1.5444722%2.3041120%2.3353896%2.1188301% All Inclusive Cost (AIC).............................................................1.8941350%2.5380608%2.5629840%2.3802426%    Page 27 $4,125,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2010 Crossover Refunding of Series 2002C, 2003A and 2003B Debt Service Schedule DatePrincipalCouponInterestTotal P+I 02/01/2011--50,758.1350,758.13 02/01/2012695,000.000.750%67,677.50762,677.50 02/01/2013670,000.001.050%62,465.00732,465.00 02/01/2014705,000.001.300%55,430.00760,430.00 02/01/2015720,000.001.700%46,265.00766,265.00 02/01/2016335,000.002.150%34,025.00369,025.00 02/01/2017335,000.002.450%26,822.50361,822.50 02/01/2018335,000.002.700%18,615.00353,615.00 02/01/2019330,000.002.900%9,570.00339,570.00 Total$4,125,000.00-$371,628.13$4,496,628.13 Yield Statistics Bond Year Dollars.............................................................................................................................................................$18,793.75 Average Life.....................................................................................................................................................................4.556 Years . Average Coupon...............................................................................................................................................................1.9774028% Net Interest Cost (NIC).....................................................................................................................................................2.1255571% . True Interest Cost (TIC)....................................................................................................................................................2.1188301% Bond Yield for Arbitrage Purposes....................................................................................................................................1.9621871% All Inclusive Cost (AIC).....................................................................................................................................................2.3802426% IRS Form 8038 Net Interest Cost...............................................................................................................................................................2.1255571% Weighted Average Maturity...............................................................................................................................................4.556 Years    Page 28 $4,125,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2010 Crossover Refunding of Series 2002C, 2003A and 2003B Debt Service Comparison DateTotal P+IPCFExisting D/SNet New D/SOld Net D/SSavings 02/01/201150,758.13(4,050,758.13)5,139,351.261,139,351.261,139,351.26(0.00) 02/01/2012762,677.50--762,677.50789,282.5026,605.00 02/01/2013732,465.00--732,465.00766,562.5034,097.50 02/01/2014760,430.00--760,430.00787,520.0027,090.00 02/01/2015766,265.00--766,265.00791,180.0024,915.00 02/01/2016369,025.00--369,025.00382,155.0013,130.00 02/01/2017361,822.50--361,822.50374,780.0012,957.50 02/01/2018353,615.00--353,615.00367,000.0013,385.00 02/01/2019339,570.00--339,570.00348,400.008,830.00 Total$4,496,628.13(4,050,758.13)$5,139,351.26$5,585,221.26$5,746,231.26$161,010.00 PV Analysis Summary (Net to Net) Net FV Cashflow Savings....................................................................................................................................................161,010.00 Gross PV Debt Service Savings..........................................................................................................................................149,264.69 Net PV Cashflow Savings @ 1.962%(Bond Yield)..............................................................................................................149,264.69 Contingency or Rounding Amount.......................................................................................................................................9,036.93 Net Future Value Benefit.....................................................................................................................................................$170,046.93 Net Present Value Benefit...................................................................................................................................................$158,301.62 Net PV Benefit / $566,454.07 PV Refunded Interest...........................................................................................................27.946% . Net PV Benefit / $4,224,244.48 PV Refunded Debt Service................................................................................................3.747% Net PV Benefit / $4,000,000 Refunded Principal................................................................................................................3.958% . 3.838% Net PV Benefit / $4,125,000 Refunding Principal............................................................................................................... . Refunding Bond Information Refunding Dated Date.........................................................................................................................................................5/01/2010 Refunding Delivery Date......................................................................................................................................................5/01/2010    Page 29 $5,185,000 City of Maplewood, Minnesota General Obligation Tax Increment Refunding Bonds Series 2002C Prior Original Debt Service DatePrincipalCouponInterestTotal P+I 08/01/2010--41,518.7541,518.75 02/01/2011615,000.004.000%41,518.75656,518.75 08/01/2011--29,218.7529,218.75 02/01/2012300,000.004.000%29,218.75329,218.75 08/01/2012--23,218.7523,218.75 02/01/2013325,000.004.250%23,218.75348,218.75 08/01/2013--16,312.5016,312.50 02/01/2014360,000.004.250%16,312.50376,312.50 08/01/2014--8,662.508,662.50 02/01/2015385,000.004.500%8,662.50393,662.50 Total$1,985,000.00-$237,862.50$2,222,862.50 ield Statistics Y Base date for Avg. Life & Avg. Coupon Calculation..........................................................................................................5/01/2010 . 2.548 Years Average Life..................................................................................................................................................................... . Average Coupon...............................................................................................................................................................4.2916358% 2.548 Years Weighted Average Maturity (Par Basis)............................................................................................................................ . Refunding Bond Information Refunding Dated Date......................................................................................................................................................5/01/2010 . Refunding Delivery Date...................................................................................................................................................5/01/2010   Page 30  $3,650,000 City of Maplewood, Minnesota General Obligation Improvement Bonds Series 2003A Prior Original Debt Service DatePrincipalCouponInterestTotal P+I 08/01/2010--38,097.5038,097.50 02/01/2011250,000.003.125%38,097.50288,097.50 08/01/2011--34,191.2534,191.25 02/01/2012250,000.003.200%34,191.25284,191.25 08/01/2012--30,191.2530,191.25 02/01/2013225,000.003.300%30,191.25255,191.25 08/01/2013--26,478.7526,478.75 02/01/2014230,000.003.450%26,478.75256,478.75 08/01/2014--22,511.2522,511.25 02/01/2015230,000.003.600%22,511.25252,511.25 08/01/2015--18,371.2518,371.25 02/01/2016235,000.003.750%18,371.25253,371.25 08/01/2016--13,965.0013,965.00 02/01/2017235,000.003.800%13,965.00248,965.00 08/01/2017--9,500.009,500.00 02/01/2018240,000.004.000%9,500.00249,500.00 08/01/2018--4,700.004,700.00 02/01/2019235,000.004.000%4,700.00239,700.00 Total$2,130,000.00-$396,012.50$2,526,012.50 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation..........................................................................................................5/01/2010 . 4.719 Years Average Life..................................................................................................................................................................... . Average Coupon...............................................................................................................................................................3.7499503% 4.719 Years Weighted Average Maturity (Par Basis)............................................................................................................................ . Refunding Bond Information Refunding Dated Date......................................................................................................................................................5/01/2010 . Refunding Delivery Date...................................................................................................................................................5/01/2010    Page 31 $1,490,000 City of Maplewood, Minnesota General Obligation Sewer Revenue Bonds Series 2003B Prior Original Debt Service DatePrincipalCouponInterestTotal P+I 08/01/2010--15,059.3815,059.38 02/01/201185,000.003.125%15,059.38100,059.38 08/01/2011--13,731.2513,731.25 02/01/201285,000.003.200%13,731.2598,731.25 08/01/2012--12,371.2512,371.25 02/01/201385,000.003.300%12,371.2597,371.25 08/01/2013--10,968.7510,968.75 02/01/201490,000.003.450%10,968.75100,968.75 08/01/2014--9,416.259,416.25 02/01/201595,000.003.600%9,416.25104,416.25 08/01/2015--7,706.257,706.25 02/01/201695,000.003.750%7,706.25102,706.25 08/01/2016--5,925.005,925.00 02/01/2017100,000.003.850%5,925.00105,925.00 08/01/2017--4,000.004,000.00 02/01/2018100,000.004.000%4,000.00104,000.00 08/01/2018--2,000.002,000.00 02/01/2019100,000.004.000%2,000.00102,000.00 Total$835,000.00-$162,356.26$997,356.26 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation...........................................................................................................5/01/2010 4.918 Years Average Life...................................................................................................................................................................... . Average Coupon................................................................................................................................................................3.7705101% Weighted Average Maturity (Par Basis).............................................................................................................................4.918 Years Refunding Bond Information Refunding Dated Date.......................................................................................................................................................5/01/2010 Refunding Delivery Date....................................................................................................................................................5/01/2010    Page 32 $5,185,000 City of Maplewood, Minnesota General Obligation Tax Increment Refunding Bonds Series 2002C Debt Service To Maturity And To Call DateRefunded Interest to D/S To CallPrincipalCouponInterestRefunded D/S BondsCall 08/01/2010-29,218.7529,218.75--29,218.7529,218.75 02/01/20111,370,000.0029,218.751,399,218.75-4.000%29,218.7529,218.75 08/01/2011-----29,218.7529,218.75 02/01/2012---300,000.004.000%29,218.75329,218.75 08/01/2012-----23,218.7523,218.75 02/01/2013---325,000.004.250%23,218.75348,218.75 08/01/2013-----16,312.5016,312.50 02/01/2014---360,000.004.250%16,312.50376,312.50 08/01/2014-----8,662.508,662.50 02/01/2015---385,000.004.500%8,662.50393,662.50 Total$1,370,000.00$58,437.50$1,428,437.50$1,370,000.00-$213,262.50$1,583,262.50 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation..........................................................................................................5/01/2010 Average Life.....................................................................................................................................................................3.356 Years Average Coupon..............................................................................................................................................................4.3208945% . Weighted Average Maturity (Par Basis)............................................................................................................................3.356 Years Refunding Bond Information Refunding Dated Date......................................................................................................................................................5/01/2010 Refunding Delivery Date...................................................................................................................................................5/01/2010    Page 33 $3,650,000 City of Maplewood, Minnesota General Obligation Improvement Bonds Series 2003A Debt Service To Maturity And To Call DateRefunded Interest to D/S To CallPrincipalCouponInterestRefunded D/S BondsCall 08/01/2010-34,191.2534,191.25--34,191.2534,191.25 02/01/20111,880,000.0034,191.251,914,191.25-3.125%34,191.2534,191.25 08/01/2011-----34,191.2534,191.25 02/01/2012---250,000.003.200%34,191.25284,191.25 08/01/2012-----30,191.2530,191.25 02/01/2013---225,000.003.300%30,191.25255,191.25 08/01/2013-----26,478.7526,478.75 02/01/2014---230,000.003.450%26,478.75256,478.75 08/01/2014-----22,511.2522,511.25 02/01/2015---230,000.003.600%22,511.25252,511.25 08/01/2015-----18,371.2518,371.25 02/01/2016---235,000.003.750%18,371.25253,371.25 08/01/2016-----13,965.0013,965.00 02/01/2017---235,000.003.800%13,965.00248,965.00 08/01/2017-----9,500.009,500.00 02/01/2018---240,000.004.000%9,500.00249,500.00 08/01/2018-----4,700.004,700.00 02/01/2019---235,000.004.000%4,700.00239,700.00 Total$1,880,000.00$68,382.50$1,948,382.50$1,880,000.00-$388,200.00$2,268,200.00 ield Statistics Y Base date for Avg. Life & Avg. Coupon Calculation..........................................................................................................5/01/2010 Average Life.....................................................................................................................................................................5.247 Years Average Coupon..............................................................................................................................................................3.7618284% . Weighted Average Maturity (Par Basis)............................................................................................................................5.247 Years Refunding Bond Information Refunding Dated Date......................................................................................................................................................5/01/2010 Refunding Delivery Date...................................................................................................................................................5/01/2010   Page 34  $1,490,000 City of Maplewood, Minnesota General Obligation Sewer Revenue Bonds Series 2003B Debt Service To Maturity And To Call DateRefunded Interest to D/S To CallPrincipalCouponInterestRefunded D/S BondsCall 08/01/2010-13,731.2513,731.25--13,731.2513,731.25 02/01/2011750,000.0013,731.25763,731.25-3.125%13,731.2513,731.25 08/01/2011-----13,731.2513,731.25 02/01/2012---85,000.003.200%13,731.2598,731.25 08/01/2012-----12,371.2512,371.25 02/01/2013---85,000.003.300%12,371.2597,371.25 08/01/2013-----10,968.7510,968.75 02/01/2014---90,000.003.450%10,968.75100,968.75 08/01/2014-----9,416.259,416.25 02/01/2015---95,000.003.600%9,416.25104,416.25 08/01/2015-----7,706.257,706.25 02/01/2016---95,000.003.750%7,706.25102,706.25 08/01/2016-----5,925.005,925.00 02/01/2017---100,000.003.850%5,925.00105,925.00 08/01/2017-----4,000.004,000.00 02/01/2018---100,000.004.000%4,000.00104,000.00 08/01/2018-----2,000.002,000.00 02/01/2019---100,000.004.000%2,000.00102,000.00 Total$750,000.00$27,462.50$777,462.50$750,000.00-$159,700.00$909,700.00 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation...........................................................................................................5/01/2010 . Average Life......................................................................................................................................................................5.390 Years . Average Coupon................................................................................................................................................................3.7806895% Weighted Average Maturity (Par Basis).............................................................................................................................5.390 Years Refunding Bond Information Refunding Dated Date.......................................................................................................................................................5/01/2010 . Refunding Delivery Date....................................................................................................................................................5/01/2010    Page 35 $1,410,000 City of Maplewood, Minnesota General Obligation Tax Increment Refunding Bonds, Series 2010 Crossover Refunding of Series 2002C DEBT SERVICE SCHEDULE DatePrincipalCouponInterestTotal P+I 02/01/2011--12,909.3812,909.38 02/01/2012325,000.000.750%17,212.50342,212.50 02/01/2013340,000.001.050%14,775.00354,775.00 02/01/2014365,000.001.300%11,205.00376,205.00 02/01/2015380,000.001.700%6,460.00386,460.00 Total$1,410,000.00-$62,561.88$1,472,561.88 SIGNIFICANTDATES Dated Date.......................................................................................................................................................................5/01/2010 Delivery Date....................................................................................................................................................................5/01/2010 First Coupon Date............................................................................................................................................................2/01/2011 etatstcs YildSii Bond Year Dollars............................................................................................................................................................$4,677.50 Average Life.....................................................................................................................................................................3.317 Years Average Coupon..............................................................................................................................................................1.3375068% . Net Interest Cost (NIC).....................................................................................................................................................1.5409809% True Interest Cost (TIC)...................................................................................................................................................1.5444722% . Bond Yield for Arbitrage Purposes...................................................................................................................................1.9628556% . 1.8945626% All Inclusive Cost (AIC).................................................................................................................................................... . orm IRSF8038 Net Interest Cost..............................................................................................................................................................1.5409809% Weighted Average Maturity..............................................................................................................................................3.317 Years   Page 36  $1,935,000 City of Maplewood, Minnesota General Obligation Improvment Refunding Bonds, Series 2010 Crossover Refunding of Series 2003A DEBT SERVICE SCHEDULE DatePrincipalCouponInterestTotal P+I 02/01/2011--26,786.2526,786.25 02/01/2012275,000.000.750%35,715.00310,715.00 02/01/2013240,000.001.050%33,652.50273,652.50 02/01/2014240,000.001.300%31,132.50271,132.50 02/01/2015240,000.001.700%28,012.50268,012.50 02/01/2016240,000.002.150%23,932.50263,932.50 02/01/2017235,000.002.450%18,772.50253,772.50 02/01/2018235,000.002.700%13,015.00248,015.00 02/01/2019230,000.002.900%6,670.00236,670.00 Total$1,935,000.00-$217,688.75$2,152,688.75 SIGNIFICANTDATES Dated Date.......................................................................................................................................................................5/01/2010 . Delivery Date....................................................................................................................................................................5/01/2010 . First Coupon Date.............................................................................................................................................................2/01/2011 etatstcs YildSii Bond Year Dollars.............................................................................................................................................................$9,981.25 Average Life.....................................................................................................................................................................5.158 Years . Average Coupon...............................................................................................................................................................2.1809768% Net Interest Cost (NIC).....................................................................................................................................................2.3118347% . True Interest Cost (TIC)....................................................................................................................................................2.3056830% Bond Yield for Arbitrage Purposes....................................................................................................................................1.9628556% All Inclusive Cost (AIC).....................................................................................................................................................2.5397785% orm IRSF8038 Net Interest Cost...............................................................................................................................................................2.3118347% Weighted Average Maturity...............................................................................................................................................5.158 Years    Page 37 $775,000 City of Maplewood, Minnesota General Obligation Sewer Revenue Refunding Bonds, Series 2010 Crossover Refunding of Series 2003B DEBT SERVICE SCHEDULE DatePrincipalCouponInterestTotal P+I 02/01/2011--11,013.7511,013.75 02/01/201295,000.000.750%14,685.00109,685.00 02/01/201390,000.001.050%13,972.50103,972.50 02/01/201495,000.001.300%13,027.50108,027.50 02/01/2015100,000.001.700%11,792.50111,792.50 02/01/201695,000.002.150%10,092.50105,092.50 02/01/2017100,000.002.450%8,050.00108,050.00 02/01/2018100,000.002.700%5,600.00105,600.00 02/01/2019100,000.002.900%2,900.00102,900.00 Total$775,000.00-$91,133.75$866,133.75 SIGNIFICANTDATES Dated Date.........................................................................................................................................................................5/01/2010 Delivery Date......................................................................................................................................................................5/01/2010 First Coupon Date..............................................................................................................................................................2/01/2011 etatstcs YildSii Bond Year Dollars..............................................................................................................................................................$4,116.25 Average Life.......................................................................................................................................................................5.311 Years Average Coupon................................................................................................................................................................2.2139994% . Net Interest Cost (NIC).......................................................................................................................................................2.3410872% True Interest Cost (TIC).....................................................................................................................................................2.3353896% . Bond Yield for Arbitrage Purposes.....................................................................................................................................1.9628556% . All Inclusive Cost (AIC)......................................................................................................................................................2.5632621% . orm IRSF8038 Net Interest Cost................................................................................................................................................................2.3410872% Weighted Average Maturity................................................................................................................................................5.311 Years    Page 38 $1,410,000 City of Maplewood, Minnesota General Obligation Tax Increment Refunding Bonds, Series 2010 Crossover Refunding of Series 2002C Debt Service Comparison DateTotal P+IPCFExisting D/SNet New D/SOld Net D/SSavings 02/01/201112,909.38(1,382,909.38)2,068,037.50698,037.50698,037.50(0.00) 02/01/2012342,212.50--342,212.50358,437.5016,225.00 02/01/2013354,775.00--354,775.00371,437.5016,662.50 02/01/2014376,205.00--376,205.00392,625.0016,420.00 02/01/2015386,460.00--386,460.00402,325.0015,865.00 Total$1,472,561.88(1,382,909.38)$2,068,037.50$2,157,690.00$2,222,862.50$65,172.50 PV Analysis Summary (Net to Net) Net FV Cashflow Savings......................................................................................................................................................65,172.50 Gross PV Debt Service Savings............................................................................................................................................61,680.52 Net PV Cashflow Savings @ 1.962%(Bond Yield)................................................................................................................61,680.52 Contingency or Rounding Amount.........................................................................................................................................4,798.78 Net Future Value Benefit.......................................................................................................................................................$69,971.28 . Net Present Value Benefit.....................................................................................................................................................$66,479.30 . Net PV Benefit / $147,315.03 PV Refunded Interest..............................................................................................................45.127% Net PV Benefit / $1,430,724.49 PV Refunded Debt Service..................................................................................................4.647% . Net PV Benefit / $1,370,000 Refunded Principal..................................................................................................................4.853% . Net PV Benefit / $1,410,000 Refunding Principal..................................................................................................................4.715% Refunding Bond Information Refunding Dated Date...........................................................................................................................................................5/01/2010 . Refunding Delivery Date........................................................................................................................................................5/01/2010    Page 39 $1,940,000 City of Maplewood, Minnesota General Obligation Improvment Refunding Bonds, Series 2010 Crossover Refunding of Series 2003A Debt Service Comparison DateTotal P+IPCFExisting D/SNet New D/SOld Net D/SSavings 02/01/201126,835.00(1,906,835.00)2,206,195.00326,195.00326,195.00- 02/01/2012310,780.00--310,780.00318,382.507,602.50 02/01/2013273,717.50--273,717.50285,382.5011,665.00 02/01/2014276,197.50--276,197.50282,957.506,760.00 02/01/2015268,012.50--268,012.50275,022.507,010.00 02/01/2016263,932.50--263,932.50271,742.507,810.00 02/01/2017253,772.50--253,772.50262,930.009,157.50 02/01/2018248,015.00--248,015.00259,000.0010,985.00 02/01/2019236,670.00--236,670.00244,400.007,730.00 Total$2,157,932.50(1,906,835.00)$2,206,195.00$2,457,292.50$2,526,012.50$68,720.00 PV Analysis Summary (Net to Net) Net FV Cashflow Savings......................................................................................................................................................68,720.00 Gross PV Debt Service Savings............................................................................................................................................62,625.38 Net PV Cashflow Savings @ 1.962%(Bond Yield)................................................................................................................62,625.38 Contingency or Rounding Amount.........................................................................................................................................2,502.61 Net Future Value Benefit.......................................................................................................................................................$71,222.61 . Net Present Value Benefit.....................................................................................................................................................$65,127.99 . Net PV Benefit / $296,588.37 PV Refunded Interest..............................................................................................................21.959% Net PV Benefit / $1,995,225.04 PV Refunded Debt Service..................................................................................................3.264% . Net PV Benefit / $1,880,000 Refunded Principal..................................................................................................................3.464% . Net PV Benefit / $1,940,000 Refunding Principal..................................................................................................................3.357% Refunding Bond Information Refunding Dated Date...........................................................................................................................................................5/01/2010 . Refunding Delivery Date........................................................................................................................................................5/01/2010    Page 40 $775,000 City of Maplewood, Minnesota General Obligation Sewer Revenue Refunding Bonds, Series 2010 Crossover Refunding of Series 2003B Debt Service Comparison DateTotal P+IPCFExisting D/SNet New D/SOld Net D/SSavings 02/01/201111,013.75(761,013.75)865,118.76115,118.76115,118.76- 02/01/2012109,685.00--109,685.00112,462.502,777.50 02/01/2013103,972.50--103,972.50109,742.505,770.00 02/01/2014108,027.50--108,027.50111,937.503,910.00 02/01/2015111,792.50--111,792.50113,832.502,040.00 02/01/2016105,092.50--105,092.50110,412.505,320.00 02/01/2017108,050.00--108,050.00111,850.003,800.00 02/01/2018105,600.00--105,600.00108,000.002,400.00 02/01/2019102,900.00--102,900.00104,000.001,100.00 Total$866,133.75(761,013.75)$865,118.76$970,238.76$997,356.26$27,117.50 PV Analysis Summary (Net to Net) Net FV Cashflow Savings.....................................................................................................................................................27,117.50 Gross PV Debt Service Savings...........................................................................................................................................24,958.79 . Net PV Cashflow Savings @ 1.962%(Bond Yield)...............................................................................................................24,958.79 Contingency or Rounding Amount........................................................................................................................................1,735.54 . Net Future Value Benefit......................................................................................................................................................$28,853.04 . Net Present Value Benefit....................................................................................................................................................$26,694.33 . Net PV Benefit / $122,550.67 PV Refunded Interest.............................................................................................................21.782% Net PV Benefit / $798,294.94 PV Refunded Debt Service....................................................................................................3.344% . Net PV Benefit / $750,000 Refunded Principal..................................................................................................................3.559% . Net PV Benefit / $775,000 Refunding Principal..................................................................................................................3.444% Refunding Bond Information Refunding Dated Date..........................................................................................................................................................5/01/2010 . Refunding Delivery Date.......................................................................................................................................................5/01/2010   Page 41  THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL * $11,790,000 CITY OF MAPLEWOOD, MINNESOTA TAXABLE GENERAL OBLIGATION BONDS, SERIES 2010A (BUILD AMERICA BONDS – DIRECT PAY) (BOOK ENTRY ONLY) The City of Maplewood, Minnesota is requesting proposals for the above-named Issue optionally as conventional tax-exempt general obligations (the “Tax-Exempt Bonds”) or as taxable general obligations which the City will elect to designate “Qualified Build America Bonds (Direct Pay)” (the “Taxable Bonds”). Proposals for the Bonds and the Good Faith Deposit (“Deposit”) will be received on Monday, April 12, 2010, until 10:30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will 7:00 P.M., Central Time, of the same day. be by the City Council at 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. Proposals may be submitted in a sealed envelope or by fax (a)Sealed Bidding. (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 Notice is hereby given that electronic proposals will be received via (b)Electronic Bidding. ®® . For purposes of the electronic bidding process, the time as maintained by PARITY PARITY ® .Each bidder shall shall constitute the official time with respect to all Bids submitted to PARITY ® for purposes of be solely responsible for making necessary arrangements to access PARITY submitting its electronic Bid in a timely manner and in compliance with the requirements of the ® shall have any duty or obligation to Terms of Proposal. Neither the City, its agents nor PARITY undertake registration to bid for any prospective bidder or to provide or ensure electronic access ® shall be to any qualified prospective bidder, and neither the City, its agents nor PARITY 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 ®® . The City is using the services of PARITY solely as a communication mechanism to PARITY ® is not an agent of the City. conduct the electronic bidding for the Bonds, and PARITY * Preliminary; subject to change. Page 42 ® 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: ®nd PARITY, 1359 Broadway, 2 Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2011. 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: 2012$620,0002016$885,0002020$660,0002024$690,000 2013$945,0002017$865,0002021$660,0002025$695,000 2014$900,0002018$865,0002022$670,0002026$705,000 2015$890,0002019$860,0002023$670,0002027$210,000 * 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 may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. Page 43 OPTIONAL REDEMPTION The City may elect on February 1, 2020, and on any day thereafter, to prepay Bonds due on or after February 1, 2021. 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. EXTRAORDINARY REDEMPTION In the event the Bonds are designated and issued as Taxable Qualified Build America Bonds (Direct Pay), the Bonds are subject to extraordinary redemption at the direction of the City if the IRS determines, or is expected by the City to determine, either prospectively or otherwise, that Direct Payments are not payable with respect to the Bonds, or there is a change in law eliminating or decreasing Direct Payments with respect to the Bonds. The redemption shall be at a price of par plus accrued interest, and the redemption date shall be a date designated by the City for which timely notice of redemption can be given. An “Extraordinary Event” will have occurred if a material adverse change has occurred to Section 54AA or 6431 of the Code (as such Sections were added by Section 1531 of the Recovery Act, pertaining to “Build America Bonds”) pursuant to which the City’s 35% direct payment credit from the United States Treasury is reduced or eliminated. 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 from benefited properties and net revenues of the City’s water and wastewater utilities. The proceeds will be used to finance infrastructure improvement projects in various areas of the City. TAXABILITY OF INTEREST The interest to be paid on the Bonds is includable in gross income of the recipient for United States and State of Minnesota income tax purposes, and is subject to Minnesota Corporate and bank excise taxes measured by net income. BIDDING PARAMETERS Bidders may provide proposals for the Bonds specifying interest rates for the Bonds if issued as Tax-Exempt Bonds, or alternatively, specifying interest rates for the Bonds if issued as Taxable Bonds. To comply with the “Build America Bond” provisions of the Internal Revenue Code of 1986, as amended (the “Code”), each proposal for the Taxable Bonds must specify the expected reoffering price for each maturity of the Bonds, and (i) each such reoffering price cannot exceed the par amount of the maturity by more than .25% multiplied by the number of complete years to the earlier of the maturity date or the first optional redemption date for the maturity of the Bonds and (ii) in the initial offering no bond may be sold for a price in excess of such limit unless the IRS provides authoritative guidance to the contrary. Separate proposal forms and Parity provisions have been provided for submitting proposals for the Bonds if to be designated Tax-Exempt Bonds or designated Taxable Bonds. If the Bonds are issued as Tax-Exempt Bonds, the Bonds will be titled “General Obligation Bonds, Series 2010A”. Page 44 Proposals for the Tax-Exempt Bonds shall be for not less than $11,660,310 (the “Minimum Bid”) and accrued interest on the total principal amount of the Bonds. Proposals for the Taxable Bonds shall be for not less than the Minimum Bid or for not more than a de minimis premium, as described below. MaximumMaximumMaximumMaximum PermittedPermittedPermittedPermitted YearPriceYearPriceYearPriceYearPrice 2012100.25%2016101.25%2020102.25%2024102.25% 2013100.50%2017101.50%2021102.25%2025102.25% 2014100.75%2018101.75%2022102.25%2026102.25% 2015101.00%2019102.00%2023102.25%2027102.25% 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 $117,900, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. certified or cashier’s check Any Deposit made by should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. wire transfer Any Deposit sent via 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. Financial Surety Bond If a 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 Page 45 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 3:30P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded to the bidder offering the lowest interest rate to be determined on a true interest cost (TIC) basis, treating the credit available to the City if the Bonds are issued as Taxable Bonds constituting “Qualified Build America Bonds” as a reduction in each interest payment. No proposal for the Taxable Bonds may require reoffering premiums in excess of the maximums set for the Taxable Bonds issued as “Qualified Build America Bonds.” The City’s computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION 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 On or about May 10, 2010, 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 Page 46 Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the “Undertaking”) whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 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 250 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 March 8, 2010 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk Page 47 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL * $4,125,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B (BOOK ENTRY ONLY) Proposals for the Bonds and the Good Faith Deposit (“Deposit”) will be received on Monday, April 12, 2010, until 10:30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at7:00P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a)Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b)Electronic Bidding. Notice is hereby given that electronic proposals will be received via ®® PARITY. For purposes of the electronic bidding process, the time as maintained by PARITY ® shall constitute the official time with respect to all Bids submitted to PARITY.Each bidder shall ® be solely responsible for making necessary arrangements to access PARITY for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the ® Terms of Proposal. Neither the City, its agents nor PARITY shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access ® to any qualified prospective bidder, and neither the City, its agents nor PARITY shall be responsible for a bidder’s failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of ®® PARITY. The City is using the services of PARITY solely as a communication mechanism to ® conduct the electronic bidding for the Bonds, and PARITY is not an agent of the City. ® 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: ®nd PARITY, 1359 Broadway, 2 Floor, New York, New York 10018 Customer Support: (212) 849-5000 * Preliminary; subject to change. Page 48 DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2011. 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: 2012$695,0002014$705,0002016$335,0002018$335,000 2013$670,0002015$720,0002017$335,0002019$330,000 * 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 may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. 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 from benefited properties and tax increments derived from the City’s Housing Districts No. 1-1, No. 1-2, and No. 1-3 and Economic Development Districts No. 1-1, No. 1-2, No.1-3, located within the City’s Development District No. 1. The proceeds will be used to and refund the (i) February 1, 2012 through February 1, 2015 maturities of the City’s General Page 49 Obligation Tax Increment Refunding Bonds, Series 2002C, dated November 1, 2002; (ii) the February 1, 2012 through February 1, 2019 maturities of the City’s General Obligation Improvement Bonds, Series 2003A, dated August 1, 2003; and (iii) the February 1, 2012 through February 1, 2019 maturities of the City’s General Obligation Sewer Revenue Bonds, Series 2003B, dated August1, 2003. BIDDING PARAMETERS Proposals shall be for not less than $4,097,157 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 $41,250, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. certified or cashier’s check Any Deposit made by should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. wire transfer Any Deposit sent via 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. Financial Surety Bond If a 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 3:30P.M., Central Page 50 Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION 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 On or about May 10, 2010, 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. Page 51 CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the “Undertaking”) whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a “Final Official Statement” of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 165 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 March 8, 2010 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk Page 52 THIS PAGE IS INTENTIONALLY LEFT BLANK MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Rezoning from M1 (light manufacturing) to R1 (single dwelling SUBJECT: residential) LOCATION:2255 Duluth Street DATE: March 1, 2010 INTRODUCTION On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is the update of the city’s comprehensive land use plan required of all metro area cities every ten years. By approving this plan, the city council reestablished the long-range land use guide for the city. State law requires that the city now revise our zoning maps and zoning ordinance controls to be in conformance with the newly approved land use classifications throughout the city. The city has nine months (by October 25, 2010) to make all necessary zoning map and zoning ordinance changes to coincide with the land use policies and land use maps in the approved 2030 Comprehensive Plan. Proposal One such rezoning would be for the property east of Menards at 2255 Duluth Street. This property is developed with a residential home and residential outbuildings but is zoned M1 (light manufacturing). The newly adopted land use plan classifies this parcel now as low density residential, a classification compatible with single-dwelling development. State law requires that the city council change the zoning to R1 (single dwelling residential) to match the low density residential land use plan designation. Refer to the maps. Request Rezone 2255 Duluth Street from M1 to R1. BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 Comprehensive Plan. On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning controls within nine months of their adopting their revised comprehensive land use plan. As stated above, the city council has until October 25, 2010 to amend all applicable zoning maps and zoning ordinances. Why the Proposed Revision to Residential? During the planning commission’s review of the land use plan amendments on August 19, 2008, Mr. Gordon Anderson, the owner of 2255 Duluth Street requested that his property be re-guided to residential since that is how his lot is developed. He objected to the current M1 land use classification and zoning. The planning commission agreed with Mr. Anderson, but also included the abutting parcel to the north to be re-guided to residential as well. The council accepted these changes and adopted the 2030 Comprehensive Plan with that change. Appropriateness of Zoning and Residential Land Use Classifications It is appropriate for 2255 Duluth to be rezoned to R1 based on its existing use as residential property. The Countryside VW/Saab parcel to the north, however, is developed with a commercial parking lot and is surrounded on three sides by commercial development. This makes it unsuitable for rezoning to residential. John Schmelz, owner of Countryside VW/Saab, objects to the re-guiding and rezoning of his property to residential. His property has been zoned for his business and used accordingly for many years and he would prefer it stay that way. Staff agrees and will be bringing forward Mr. Schmelz’s request to re-guide his parcel back to a commercial classification. Property Tax Impact Staff asked the Ramsey County Tax Assessor’s office what would happen to property taxes if the zoning changes. The assessor’s office replied: “Zoning has no affect on the property tax. Tax classifications are based on the current use of the property, not on the zoning. The tax classification, along with the market value, is used to calculate taxes. If the current use is continued, the tax classification will not change. So, zoning changes will not affect taxes.” Conclusion State statute requires that the city revise the zoning map to R1 to match the newly adopted low density residential land use classification. Staff is making this recommendation for 2255 Duluth Street. As stated above, however, the Countryside VW/Saab parking lot to the north should not be rezoned at this time. The city will be rezoning the highway frontage properties from M1 to a commercial classification to 2 match the 2030 Comprehensive Plan in the upcoming months. Staff suggests waiting for that process to consider the appropriate zoning for Mr. Schmelz’s property. In the mean time, staff will be initiating a land use plan amendment to change the Countryside VW/Saab lot back from low density residential to a commercial classification. COMMISSION ACTION On February 16, 2010, the planning commission held the public hearing to review this rezoning and recommended approval of the proposed change to R1. RECOMMENDATION Adopt the resolution rezoning 2255 Duluth Street from M1 (light manufacturing) to R1 (single dwelling residential). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the newly adopted comprehensive land use plan classification. 3 REFERENCE SITE DESCRIPTION Site Size: 1.62 acres (.73 acres—2255 Duluth Street; .89 acres—VW lot) Existing Uses: A single dwelling on the southerly lot and a parking lot on the northerly lot SURROUNDING LAND USES North: Countryside Volkswagen/Saab and a small strip of land owned by Menards South: Single dwellings East: Duluth Street and single dwellings and apartments West: Menards PLANNING Land Use Plan Designation: R1 Zoning: M1—existing; R1—proposed p:Compplan\zoning follow-up to 2030 Plan\rezoning to R1 East of Menards CC 3 10 te Attachments: 1. Land Use Map 2. Zoning Map 3. Arial Photo 4. Rezoning Resolution 4 Attachment 4 REZONING RESOLUTION WHEREAS , the City of Maplewood City Staff proposed a change to the city's zoning map from M1 (light manufacturing) to R1 (single dwelling residential); WHEREAS , this zoning map change applies to property located at 2255 Duluth Street, identified as property identification number PID 09-29-22-43-0003; WHEREAS , On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to low density residential. WHEREAS , Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1. On February 16, 2010, the planning commission held a public hearing to consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On __________, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council approved this resolution on ______, 2010. DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, FEBRUARY 16, 2010 V. PUBLIC HEARING b. 7:20 p.m.: Rezoning of 2255 Duluth Street from M1 (light manufacturing) to R1 (single dwelling residential) Planner Ekstrand presented the staff report, explaining that this rezoning also needs to be completed to be in conformance with the land use classifications of the 2030 Comprehensive Plan recently adopted by the city council. Gordon Anderson, the affected property owner spoke, saying he bought this property and built his home on it 50 years ago and has lived there ever since. During the update of the comprehensive plan, he requested that his property be rezoned from light manufacturing to residential. There were no further comments from the public; the public hearing was closed. Commissioner Pearson moved to approve the rezoning of 2255 Duluth Street from M1 (light manufacturing) to R1 (single dwelling residential). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the newly adopted comprehensive land use plan classification. Commissioner Yarwood seconded Ayes–Bierbaum, Desai, Fischer, Martin, Nuss, Pearson, Yarwood The motion passed. THIS PAGE IS INTENTIONALLY LEFT BLANK MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Rezoning from R1 (single dwelling residential) and BC SUBJECT: (business commercial) to MU (mixed use) DATE: March 1, 2010 INTRODUCTION On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is the update of the city’s comprehensive land use plan required of all metro area cities every ten years. By approving this plan, the city council reestablished the long-range land use guide for the city. State law requires that the city now revise our zoning maps and zoning ordinance controls to be in conformance with the newly approved land use classifications throughout the city. The city has nine months (by October 25, 2010) to make all necessary zoning map and zoning ordinance changes to coincide with the land use policies and land use maps in the approved 2030 Comprehensive Plan. Proposal The first such rezoning is for the area bounded by Larpenteur Avenue, Parkway Drive and Highway 61. This area currently is a mix of residential and business property and is zoned both R1 (single dwelling residential) and BC (business commercial). The newly approved land use classification for all this property is MU (mixed use). Much like its current mix of zoning, MU would serve as a blend of residential and commercial land uses. Request Approve a rezoning for the above-described area to MU. BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 Comprehensive Plan. On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official controls within nine months of their adopting their revised comprehensive land use plan. As stated above, the city council has until October 25, 2010 to amend all applicable zoning maps and zoning ordinances. Why the Proposed Revision to Mixed Use? The reason for this mixed–use classification in the 2030 Comprehensive Plan is to retain a mix of residential and commercial land uses, but in a planned, uniform fashion. This area fronts on a busy highway as well as two heavily travelled roadways serving a mix of single-dwelling, multi-family and business properties. A reclassification to mixed use provides the framework for redevelopment with a mixture of land uses that are mutually compatible and in character with the surrounding neighborhood. Grandfathered Uses Several residents have asked what would happen to their properties when this rezoning takes place. All existing homes and businesses could remain as they are and this rezoning would not affect the use of their properties. The existing uses would become “grandfathered in,” or in the terms of the zoning ordinance, would become “legal nonconforming uses.” Legal nonconforming uses may remain in place until the property owners propose a change to something else. At that time, they would need to comply with the requirements of the MU zoning ordinance. Single dwellings are specifically allowed to remain and may be enlarged. The MU ordinance allows the expansion of single dwellings. It provides that “any pre-existing conforming or nonconforming single or double-dwelling residential use or structure which would become nonconforming by adoption of the mixed-use zoning district may be expanded, extended or intensified so long as such expansion, extension or intensification would be permitted under the single-dwelling residential district or double- dwelling residential district and/or the mixed-use zoning district. Therefore, by this provision, a homeowner could add onto their garage, add onto their home or build another outbuilding, for example, without any zoning-related issues coming into play. Provided, of course, that all setback and size requirements are met. Property Tax Impact Several residents have asked what would happen to their property taxes if their zoning changed to mixed use. The Ramsey County Tax Assessor’s office stated that: “Zoning has no affect on property tax. Tax classifications are based on the current use of the property, not on the zoning. The tax classification, along with the market value is used to calculate taxes. If the current use is continued, the tax classification will not change. So, zoning changes will not affect taxes.” 2 Conclusion State statute requires that the city revise the zoning map to MU to match the newly adopted mixed-use classification on the comprehensive plan. Therefore, staff is recommending the planning commission and city council revised the zoning map accordingly. COMMISSION ACTION On February 16, 2010, the planning commission held a public hearing to consider this rezoning and recommended approval of the change to MU. RECOMMENDATION Adopt the resolution rezoning the property bounded by Larpenteur Avenue, Parkway Drive and Highway 61 (Arcade Street) from R1 (single dwelling residential) and BC (business commercial) to MU (mixed use). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the adopted comprehensive land use plan classification. 3 REFERENCE SITE DESCRIPTION Site Size: 4.75 acres Existing Uses: Seven single dwellings and one business (Bacchus Homes) SURROUNDING LAND USES North: The intersection of Parkway Drive and Highway 61 (Arcade Street). There are single dwellings and town homes to the north/northwest South: Larpenteur Avenue and Gustavus Adolphus Lutheran Church East: Highway 61 and Round Lake in Phalen Park West: Parkway Drive, single dwellings, town homes and a business office PLANNING Land Use Plan Designation: MU (mixed use) Zoning: R1 and BC—existing; MU—proposed p:Compplan\Zoning Follow-up to 2030 Plan\Rezoning to Mixed Use Plan Larpenteur and Arcade CC 3 10 te Attachments: 1. Land Use Map 2. Zoning Map 3. Rezoning Resolution 4 Attachment 3 REZONING RESOLUTION WHEREAS , the City of Maplewood City Staff proposed a change to the city's zoning map from R1 (single dwelling residential) and BC (business commercial) to MU (mixed use); WHEREAS , this zoning map change applies to property located between Larpenteur Avenue, Arcade Street (Highway 61) and Parkway Drive. The property identification numbers identifying the affected properties are: PIN 17-29-22-44-0013; PIN 17-29-22-44-0014; PIN 17-29-22-44-0015; PIN 17-29-22-44-0016; PIN 17-29-22-44-0017; PIN 17-29-22-44-0018; PIN 17-29-22-44-0019; PIN 17-29-22-44-0020; PIN 17-29-22-44-0021; PIN 17-29-22-44-0022; PIN 17-29-22-44-0023; WHEREAS , On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to MU. WHEREAS , Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1. On February 16, 2010, the planning commission held a public hearing to consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On __________, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council approved this resolution on ______, 2010. DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, FEBRUARY 16, 2010 V. PUBLIC HEARING a. 7:03 p.m.: Rezoning of Land Bounded by Highway 61, Larpenteur Avenue and Parkway Drive from R1 (single dwelling residential) and BC (business commercial) to MU (mixed use) Planner Tom Ekstrand presented the staff report, explaining that this rezoning needs to be completed to be in conformance with the land use classifications of the 2030 Comprehensive Plan recently adopted by the city council. Planner Ekstrand said the city has not been approached with any commercial interest in this property at this time. The public hearing was opened for comments from the public. Gary Blair, a commercial property owner in this area, spoke about previous attempts to develop his property. Staff explained that a large part of the difficulty in developing his property has been that it is situated on land controlled by the Shoreland Ordinance and that would not change with this rezoning. Mr. Blair had specific questions about the setback requirements in the mixed use ordinance. Staff gave Mr. Blair a copy of the Mixed Use ordinance provisions and asked him to call if he had additional questions. There were no further comments from the public; the public hearing was closed. Commissioner Pearson moved to approve the rezoning of the property bounded by Larpenteur Avenue, Parkway Drive and Highway 61 (Arcade Street) from R1 (single dwelling residential) and BC (business commercial) to MU (mixed use). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the adopted comprehensive land use plan classification. Commissioner Desai seconded Ayes – Bierbaum, Desai, Fischer, Martin, Nuss, Pearson, Yarwood The motion passed. AGENDA REPORT TO: FROM: SUBJECT:Consider a Resolution Supporting a Fiber Infrastructure Grant DATE: Introduction Background Agenda Item J5 AFS was aware of the Metro-INET collaborative and is seeking our support of their application to the NTIA for consideration of a BTOP grant to construct a 100 mile fiber optic ring throughout the northeast metro area to serve business and our public safety institutions. AFS would serve as the grant applicant. Members of Metro-INET are asked to serve as public sponsors of the grant application and the public beneficiary by virtue of a grant to use the AFS Fiber network to interconnect the public safety facilities and other public buildings within our networking group. Additionally AFS will provide dark fiber capacity on the existing AFS fiber ring located in St. Paul. In total, AFS is proposing to provide to Metro-INET access to 140 route miles of fiber. It must be noted that other agencies and institutions within the Twin Cities metropolitan area are also submitting grant applications to meet their unique needs. The City of St. Paul has partnered with Ramsey County to develop a community network to meet the needs of the city and of Ramsey County operations. Anoka County is preparing an application as well. It had been suggested by some that the multiple applications be consolidated into a single application however the effective governance of an expansive public network may daunting given that the number of public institutions in the region. Therefore it has been recommended, and the agencies are encouraged, to support the application that best meets the needs of their respective organizations and to additionally extend a letter of support to the other applications being submitted for our region. This provides an opportunity for multiple private companies to participate in the grant application process. The NTIA encourages participation and cooperation between multiple entities so it stands to reason that the combined efforts by all will benefit everyone’s application. Budget Impact If awarded, the BTOP grant will cover up to 70% of the cost of the project. AFS estimates the total cost to be approximately $8 million. AFS has indicated that the remaining 30% will be covered by AFS in exchange for public sponsorship and support of the AFS grant. AFS has requested a contribution to the annual maintenance of the 140route miles in the amount of $49,000 per year. This cost will be divided amongst the members of Metro-INET on an equitable basis using a cost sharing methodology developed by the Metro-INET Users Group. An initial estimate, based on the number of sites connected, for the City of Maplewood would be an annual cost of around $5,000. Recommendation Staff recommends supporting the efforts of AFS in obtaining federal funding to expand fiber based broadband opportunities within our community and to additionally offer a letter of support to other agencies pursuing grants. Given the uncertainty over the continued use of the Comcast provided fiber optic network it is necessary that Maplewoodtake advantage of any opportunity that can provide low cost, high speed connectivity between our buildings and neighboring public institutions to continue to preserve the operational efficiencies and cost sharing relationships we currently have today. Action Required Motion to adopt a resolution pledging public support for American Fiber System’s application to the National Telecommunications and Information Administration for the construction of a Community Broadband network within the Twin Cities North East Metropolitan area to include the City of Maplewood and to authorize the City Manager to execute Letters of Support to agencies seeking support of additional grant opportunities. Attachments: 1.Resolution 2.AFS Project Summary 3.AFS Grant Presentation RESOLUTION SUPPORTING BROADBAND TECHNOLOGY OPPORTUNITY PROGRAM (BTOP)GRANT APPLICATIONS FOR THE DEVELOPMENT OF A COMPREHENSIVE COMMUNITY NETWORK TO BENEFIT PUBLIC INSTITUTIONS IN THE NORTH EAST TWIN CITIES METROPOLITAN AREA. WHEREAS, the National Telecommunications and Information Administration (NTIA) agency has grants available for the deployment of broadband infrastructure; and WHEREAS, the NTIA will award infrastructure grants focusing on middle mile broadband networks to benefit key community institutions including public safety; and WHEREAS, the NTIA encourages the development of public/private partnerships in the application for these grants; and WHEREAS, American Fiber Systems (AFS) seeks public support of their application to receive funding for deploying broadband infrastructure in the north east Twin Cities Metropolitan Area; and WHEREAS, AFS will dedicate a portion of the infrastructure as a Community Fiber Network to benefit public institutions within the AFS service area as presented in the letter of intent;and WHEREAS, additional applications for BTOP grants are being submitted by other agencies and private partners within the north east metropolitan area; and WHEREAS, supporting these efforts will encourage sustainable adoption of broadband service and to spur job creation and stimulate long-term economic growth and opportunity in the region. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Maplewood that: The Maplewood City Council adopts this resolution supporting the grant application by American Fiber Systems for the development of a comprehensive community network to benefit public institutions in the north east Twin Cities metropolitan area; and BE IT FURTHER Resolved that the Maplewood City Council authorizes the City Manager to collaborate with other public entities participating in this grant application and to provide letters of support to other communities and agencies in Minnesota who are developing applications for funding to the NTIA or to the Rural Unification Services (RUS) for broadband projects to address unique needs of their communities. THIS PAGE IS INTENTIONALLY LEFT BLANK Agenda Item J6 AGENDA REPORT TO : CityCouncil FROM: Chuck Bethel, HR Attorney Charles Ahl, Assistant City Manager SUBJECT:Consider Approval of 2010 Cost ofLiving Adjustment (COLA) for City Manager DATE:March 2, 2010 INTRODUCTION/SUMMARY On February 22, 2010, the City Council conducted the annual performance evaluation of City Manager Jim Antonen. Mr. Antonen successfully completed this evaluation. Mr. Antonen was hired on March 9, 2009, and thus has successfully completed the first year ofemployment. His contract does not provide provisions for salary adjustments. All City employees received cost of living adjustments beginning on January 1, 2010. Mr. Antonen did not receive a COLA because he had not completed his first year of employment. Consistent with other contracts and bargaining group agreements, employees whose salary is in excess of $100,000 received a 2% COLA adjustment. It is proposed that Mr. Antonen receive the similar 2% adjustment effective on his anniversary date of March 9, 2010. No other contract adjustments are recommended. This adjustment is acceptable to Mr. Antonen. It should be noted that this adjustment is for 2010 and does not reflect any COLA or salary adjustments for 2011. Pursuant to Minn. Stat. §43A.17 Subd. 9(a), the salary is capped at 110% of the governor’s salary. Pursuant to Minn. Stat. §43A.17 Subd. 9(c), deferred comp and car allowance are included in determining the salary but the value of medical and other benefits are not.the For 2010 salary cap for public employees remains at $150,065. Following this adjustment, Mr. Antonen will remain below that cap. Salary Summary: 2009 Comp 2010 Comp Annual Salary:$130,000 X 2% COLA = $132,600 Car Allowance: 6,0006,000 Deferred Comp = 6%: 7,8007,956 GRAND TOTAL$143,800$146,556 RECOMMENDATION It is recommended that the City Council approve a 2% Cost of Living Adjustment for City ManagerJim Antonento be effective on March 9, 2010. THIS PAGE IS INTENTIONALLY LEFT BLANK Agenda Item J7 AGENDA REPORT TO : Jim Antonen, City Manager FROM: Charles Ahl, Assistant City Manager SUBJECT:Consider Approval of 2011 Federal Appropriation Requests DATE:March 2, 2010 INTRODUCTION It is proposed that the City Council consider requesting federal funds for three major projects during Federal Fiscal Year 2011. These requests are submitted to our local congress person, Representative Betty McCollum and one of our Senators, Senator Franken. Our requests are added to the other requests that are submitted to these legislators’soffice and each determines if the request is forwarded to the various funding committees. These requests will be part of the discussion package that Mayor Rossbach and City Manager Antonen will discuss during their Washington trip. SUMMARY The following three projects have been submitted to Representative McCollum and Senator Franken’s office for consideration. Before proceeding further, the City Council needs to authorize the projects and direct Mayor Rossbach to prepare an authorization letter. The projects are provided in the order of priority as recommended by the staff: GERTEN POND Funding Request = $1,000,000 Part of TH 36 – English Improvements Gerten Pond is a major watershed receiving body that serves a large industrial and residential area in Maplewood. The discharge from this pond is to Keller Lake, which is an impaired water body in the Phalen Chain of Lakes. The drainage to Gerten Pond includes the major intersections of TH 36 – TH 61 and TH 36 – English Street. The current drainage situation of Gerten Pond is that the outflow contributes to the impairment of Keller Lake and the Phalen Chain of Lakes, while the flooding caused by inadequate outfall facilities backup into an industrial area causing a shutdown of local business, restricts the redevelopment of an industrial area and in times of very heavy rainfall, causes flooding of a major regional roadway [TH 36] near a railroad underpass, just east of the English Street intersection. The improvements to Gerten Pond are the essential first steps in a major resolution of an area traffic congestion issue, an essential first step in addressing the Keller Lake and Phalen Chain of Lakes impaired waters issues and an essential first step in a redevelopment initative that will bring hundreds of jobs to a distressed area of Maplewood. Without these improvements, the removal of the last traffic signal on the TH 36 freeway will remain in place between TH 120 and Interstate 35W, a twelve mile segment. Without these improvements, the impairment of the Phalen Chain of Lakes will continue to degrade causing restrictions on the boating, swimming, fishing and other recreational activities that these water bodies provide a sizable percentage of the eastern metro area. And, without these improvements, this area of Maplewood remains in an existing condition without redevelopment initiatives and vacant buildings will likely remain vacant. The proposed project will provide outlet control improvements, in drainage system revisions and local environmental enhancements that will make the drainage system function more efficiently. Flooding of local roadways needs to be improved, as does the direct discharge of drainage waters to the Chain of Lakes. Expansion of the drainage system will include additional wetlands and drainage features that will tie into the natural areas that are part of the Phalen Chain of Lakes. FY 2011 Appropriation Requests PAGE TWO Maplewood is working with the Minnesota Department of Transportation on addressing a new interchange at TH 36 – English that will address this dangerous traffic hazard and congestion issue, but the drainage from that interchange must be addressed before that project can proceed. Once the interchange is addressed, the improved traffic functions will allow for a local investment into the businesses and industrial areas, which are struggling with flooding issues and traffic access limitations EAST METRO FIRE TRAINING FACILITY – PHASE II Funding Request = $5,000,000 The City of Maplewood is the lead agency in attempting to implement a Public Safety Training Facility to serve 16 communities in the eastern metro area. These 16 communities serve in excess of 800,000 of our Minnesota citizens. A consortium of Local Government Units within Ramsey and Washington Counties will operate the facility through a Joint Powers Agreement. In addition to Maplewood, member cities may include: Oakdale, Cottage Grove, Lake Elmo, Lake Johanna Fire, New Brighton, Roseville, Stillwater,Vadnais Heights, White Bear Lake, Little Canada, North St Paul, Woodbury, Newport, Mahtomedi and Falcon Heights. In addition to these communities, this facility will be a training facility for courses offered in firefighter and public safety from Century College. This joint initiative proposes to construct a training facility in 2010 using state and local funds for the first phase of the project on 26 acres of Minnesota Department of Transportation property at TH 5 and TH 120 [Century Avenue]. The first phase of the improvements should be underway in 2010 that include the first phase of the training facility. Currently, there are inadequate training facilities in the north and east metro and surrounding areas for firefighting agencies to properly train. Some of the training facilities that east metro departments are using now do not provide the full suite of training components needed to meet National Fire Protection Association (NFPA) Standards. This facility will provide this ability as well as achieving costs savings for local departments resulting from reduced travel costs, and reduced time commitments needed to meet training requirements. Once Phase I is completed, this consortium proposes to begin implementation of Phase II. This request is for Phase II improvements, as the consortium expects to be successful with implementing Phase I during 2010 and early 2011. Phase II will expand from the current 5 acre site to use up to an additional 10 acres expand the training from more centrally focused onfirefighting to include emergency management, homeland security and police services. The training will include site features to allow vehicle training facilities and emergency operations exercises. The course work criteria will be developed and enhanced by expanded training of officers and personnel at Century College in this critical focus area. An indoor firing range, which is very limited in availability in this area, as all St. Paul and Maplewood area officers use an outdoor training facility in a residential area in south Maplewood. CITY CAMPUS ENERGY REVISIONS Funding Request = $4,000,000 The City of Maplewood has adopted an energy conservation strategy in 2009 that endorses the aggressive implementation of alternative energy sources for publicfacilities. This project proposes the conversion of the City Hall Campus, including the Maplewood Community Center and the Maplewood Public Works Building, along with the Ramsey County District Court Facility to be powered with photo-voltaic and wind turbine sources. FY 2011 Appropriation Request PAGE THREE The Maplewood Community Center provides regional recreational facilities for the eastern metro area. The facility is appropriately located with an expansive roof area with a southern exposure, along with extensive property within the campus that could easily accommodate a photo-voltaic facility that would provide electric generation for these campus facilities. In addition, the hot water facilities at the Community Center would tap into this environmental feature and significantly reduce the energy needs of that facility. The Maplewood Public Works Facility maintains a large yard for its operations and is strategically located in an area of Maplewood that would support a wind turbine with little to no impact on surrounding land uses, which are the campus and a golf course. This project would involve exploring the construction of the photo-voltaic facility and wind turbine within the campus. A second [and future] phase would involve installationof geothermal control units to further supplant the energy uses of pool and water heating and cooling needs of these 4 facilities. FY 2011 Appropriation Requests Congresswoman McCollum provides the following information on her webpage regarding this process and the appropriations: Office of Congresswoman Betty McCollum (MN-04) Making a request in the FY 2011 Appropriations Cycle Introduction Seeking a congressionally-directed appropriation for federal funding or report language is a highly competitiveprocess due to the following factors: the large number of requests received each year; the constrained federal budget environment; House rules governing the appropriations process and heightened scrutiny for all project requests. Our office thoroughly evaluates each request we receive to determine priorities for projects, report language and program level funding. A limited number of all requests are submitted to the relevant appropriations subcommittee by a deadline set by that subcommittee. The Congresswoman enthusiastically supports Fourth District priority projects and, when appropriate, projects benefiting other parts of the state or the state as a whole. All complete project requests submitted to our office by the deadline will receive consideration. However, making a request does not guarantee that a project, report language or requested program level will be submitted for final consideration by the House Appropriations Committee. During last year’s appropriations cycle the total number of Member-directed projects and the total amount of funding allocated for Member projects was significantly reduced from prior years. Project funding is expected to be at least as restrictive in the upcoming Fiscal Year 2011 cycle. FY 2011 Appropriation Request PAGE FOUR Committee Transparency Requirements The House Appropriations Committee enforces a series of transparency measures for Member- directed project funding, including: All project requests submitted by a Member of Congress to the Appropriations Committee must be posted on that lawmaker’s Congressional website with an explanation of the purpose of the project and a justification of its value to taxpayers. All projects included by the Appropriations Committee are listed in the report accompanying eachSubcommittee bill, with the project title, recipient and Congressional sponsor(s). Any project application will not be complete and will not be considered for submission if the requested letter does not include the following language: “By submitting thisrequest I support Congress’ authority to direct project specific funding decisions to federal departments and agencies, as well as instruct federal departments and agencies through report language of congressional intent on matters of funding and policy interpretation.” Notification & Communication In accordance with Appropriations Committee requirements, all submitted projects will be posted on our official website once they are submitted for consideration to the Committee (mid- March). If your request was submitted, you can expect a long waiting period before learning whether funding was provided, or language included, in the final subcommittee report. Each appropriations bill is considered by the U.S. House at different times throughout the late spring and summer. Some bills include member projects while others do not. RECOMMENDATION It is recommended that the City Council approve the submittal of three projects [Gerten Pond; East Metro Fire Training Facility – Phase II; and City Campus Energy Revisions] to the federal appropriations process and hereby authorizes Mayor Rossbach and City Manager Antonen to submit “By submitting this request we support Congress’ the final request with the following language authority to direct project specific funding decisions to federal departments and agencies, as well as instruct federal departments and agencies through report language of congressional intent on matters of funding and policy interpretation.” Attachments: 1.Gerten Pond Improvements Funding Request to Congresswoman McCollum 2.East Metro Public Safety Facility Funding Request to Congresswoman McCollum 3.Campus Energy Facilities Funding Request to Congresswoman McCollum Item J8 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: March 1, 2010 RE: Approval of Resolution Relocating Precinct 10 (Ramsey County Care Center) to Maplewood City Hall Background Precinct 10 is currently located at the Ramsey County Care Center (RCCC). In 2008, the RCCC underwent a significant remodeling and expansion project to include a Transitional Care Unit which caters to individuals that are transitioning from the hospital to home. Understandably with the expansion there is much more traffic in and out of the facility which impacts parking availability on Election Day. Also, there are safety and security concerns with some of the patients that are considered vulnerable. During the 2008 election when the RCCC was undergoing remodeling the precinct was temporarily moved to the Ramsey County Extension building. While this space is adequate for a local election it would not be accommodating for a large State Election and certainly not for a Presidential Election. Prior to 2008, Precinct 9 was located in city hall. In May 2008, the council approved moving Precinct 9 to the Maplewood Community Center since additional room and parking availability was needed to accommodate the approximately 1,400 registered voters in the Precinct. Precinct 10 currently has approximately 710 registered voters which is by far our smallest precinct and could easily be located at city hall. If the relocation of the precinct is approved the boundaries of the Precinct will not change. Staff will then notify the Secretary of State’s Office so that their records can be updated and postal verification cards can be sent to voter’s that reside in precinct 10 notifying them of the location change. Additionally, staff will publish the change in the Maplewood Monthly and other venues so that voters are aware of the change. Recommendation It is recommended that council approve the following resolution defining Precinct 10 as located at city hall in council chambers. RESOLUTION DECLARING PRECINCT 10 LOCATION WHEREAS, the City of Maplewood is relocating Precinct 10 previously sited at the Ramsey County Care Center located at 2000 White Bear Avenue North. WHEREAS, Precinct 10 boundaries will not change but the location will be at Maplewood City Hall located at 1830 County Road B East, Maplewood, Minnesota, effective for the 2010 Election cycle. NOW, THEREFORE, BE IT RESOLVED that the City Council of Maplewood, Minnesota, does hereby declare that Maplewood Precinct 10 has the existing boundaries: Holloway to the North; North St. Paul Road to the West; Larpenteur to the South; McKnight to the East. THEREFORE, BE IT FURTHER RESOLVED that Precinct 10 is located in city hall council chambers located at 1830 County Road B East, Maplewood, Minnesota. MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Ann Hutchinson, Lead Naturalist SUBJECT: Maplewood’s Extreme Green Makeover Campaign DATE: March 1, 2010 for the March 8, 2010 City Council Meeting INTRODUCTION In March 2010, the Maplewood Nature Center, in partnership with the Ramsey-Washington Metro Watershed District and the Ramsey County Library, is launching “Extreme Green Makeover: Transforming Yards for a Sustainable Maplewood.” This is a campaign to educate residents about sustainable landscape design and practices. DISCUSSION The Extreme Green Makeover supports the city’s sustainability initiatives. One of our goals is to stimulate citizen interest in classes on sustainable practices offered by the nature center and watershed district. To generate interest we have based the program in part on the television show “Extreme Makeover – Home Edition.” One Maplewood homeowner will be chosen from a selection of applicants to receive a front yard makeover valued at up to $15,000. To be eligible to apply, homeowners must 1) attend at least one of the educational classes offered, 2) reside in Maplewood, and 3) reside in Ramsey-Washington Metro Watershed District. The attached document explains the program and lists the classes (Attachment 1). A full brochure will appear in the March issue of the city newsletter. Ramsey-Washington Metro Watershed District has committed $10,000 toward this project; the Friends of Maplewood Nature have committed $1,000; and the City of Maplewood has committed $3,000 and staff time. Several sponsors will donate products and services in exchange for publicity. Earthworks Landscape Architects will be the general landscape contractor and donate a portion of their services, several companies will donate landscape materials, Cravings will cater four of the events, and Linders and Home Depot have donated over $500 worth of gift certificates and door prizes. We encourage council members and residents to participate in the Extreme Green Makeover events. The kickoff for the event is March 18, 6:30 p.m. at the Maplewood branch of the Ramsey County Library. It will be a gala affair with hors d’oeuvres, door prizes, and a presentation on some of our favorite “green” landscapes. RECOMMENDATION No action necessary. Attachment: Extreme Green Makeover brochure Extreme Green Makeover Green Makeover Transforming Yards For A Sustainable Maplewood Transform your yard into one Are you ready for a GREEN yard? that features sustainable landscaping. From rain gardens & rain barrels, to compost bins and native plants you can learn how to do it yourself! The that will inspire and teach you the basics, and Extreme GREEN classes and events are open to everyone— residents and non-residents! There will be drawings for prizes at 5 GLG reenandscapingoals one from Linder’s Garden Center. – Create aesthetically Green design Join us for the Kick-Off on Thursday, March 18, 6:30 - 8:30PM pleasing landscapes that meet the needs of See page 2 for more details! – Put rain water to use in Rain water the yard. Apply To Win: One Maplewood resident will – Reduce Energy landscaping win a $15,000 GREEN yard makeover! heating and cooling costs with plants. To be eligible for the $15,000 front yard Green Makeover, you must be a Maplewood resident and reside in the Ramsey-Washington Metro Watershed – Minimize the Effective resource use use of water, fertilizers, and pesticides. Green Makeover event to become familiar with the features of GREEN – Plant natives to Native plants landscape design. enhance habitat for wildlife. Pick up an application form at any Extreme Green Makeover event and submit it to Maplewood Nature Center, 2659 7th St. East, Maplewood, MN 55119, by. Friday, June 25, 2010 How To Register www.ci.maplewood.mn.us/extremegreen or mail registration and check to Maplewood Nature Center, 2659 East 7th St., Maplewood, MN 55119 Thank you sponsors & partners For More Information Registration, classes & events 651.249.2170 Applying for the makeover 651.249.2181 The Extreme Green Makeover Series The Extreme Green Makeover series is open to everyone. Call 651.249.2170 for more information or visit www.ci.maplewood.mn.us/extremegreen to register online. Extreme Green Kick-Off Event- at the Maplewood Library Thursday, March 18, 6:30 - 8:30PM The Extreme Green Makeover will commence with this gala affair featuring speakers, hors d’oeuvres and a drawing for great prizes at the Maplewood Library located at ways to enhance your yard for people and for the environment. The rules for applying for the $15,000 yard makeover will be announced. Refreshments provided by Cravings. Call the Nature Center at 651.249.2170 to pre-register. other valuable items! STOPPING WATER WHERE IT DROPS - A RAIN GARDEN FOR YOUR YARD SERIES 1) A RAIN GARDEN FOR YOUR YARD – CLASSROOM SESSION Wednesday, March 24, 6:30 - 8:30PM Cost is $5.00. Register and prepay by March 17. by the variety of beautiful rain gardens already in your community! Class taught by Shawn Tracy from the Association of 2) RAIN GARDEN FIELD SESSION: DRAINAGE AND SOILS Pre-requisite: Rain Garden classroom session Thursday, April 15, 6:00 - 8:00PM at 920 Orange Avenue in St. Paul Cost is $5.00. Register and prepay by April 8. The “engineering” aspects of creating a rain garden can actually be fun. Join us at a private home to work through a real-life situation. We’ll analyze the site, determine the drainage area, assess the soil 3) RAIN GARDEN DESIGN WORKSHOP: GARDEN LAYOUT & PLANT DESIGN Pre-requisite: Rain Garden classroom and Field session: Drainage and Soils Thursday, April 29, 6:30 - 8:30PM at the Maplewood Nature Center, 2659 7th St. East, Maplewood 55119 Cost is $5.00. Register and prepay by April 22. Use the information gathered in your site assessment to design a rain garden. Work on your rain garden design with help from instructors and Master Gardeners. 4) RAIN GARDEN CONSTRUCTION WORKSHOP Thursday, May 6, 6:30 - 8:30PM Location: To Be Announced Cost is $5.00. Register and prepay by April 29 We’ll visit several rain gardens to discuss methods and challenges in rain garden design and construction. Learn how to convey water to and from the rain garden, the use of soil amendments, the design and use FREE Rain Barrel Installations For 2 Lucky Residents Nominate your yard for a free rain barrel installation! You must be a Maplewood resident, and be willing to host a one-time demonstration event in your yard. A videographer will tape the installation. by April 22. For more information call 651.249.2170. Reduce Your Lawn – Low Input Lawn Care Tuesday, April 6, 6:30 - 8:00PM at the Maplewood Nature Center, 2659 7th St. East, Maplewood, MN 55119 Cost is $5.00 per household. Register and pre-pay by April 3rd Learn about low input lawn care from U of MN’s Bob Mugaas who has evaluated alternative turf presentation will focus on ways to maintain lawn with minimum use of fertilizers and “An 80 gallon barrel emptied regularly can capture 3,275 chemicals, and reducing normal turf with some no-mow options. Extreme Green Landscaping Workshop Saturday, April 24, 10:00AM - 2:00PM Refreshments provided by Cravings This is the for planning your GREEN Yard! Come to one session or come to all. PRIMO EVENT Location: Maplewood Nature Center, 2659 7th St. East, Maplewood, MN 55119 Cost is $10.00 for 1-2 adults per household, Register by April 22, First 10 registrants receive Goody Gift Bags! Designing for Sustainable Yards - Jim Calkins your yard. Sample landscape designs will illustrate these concepts. shade will be highlighted. Plant selections will be available to order for May delivery. adapt for your yard. A Tree-Mendous Celebration Adults and Families available on tree disease and tree care. There will be pruning, tree planting and arbor building demonstrations. Take home 2-3 foot oak and maple tree seedlings. Test your tree knowledge on the wheel of nature and go for rides in the Tree bucket. The view is great from the top! Enjoy spring treats from trees, crafts and music. Saturday, May 1, 2:00 - 4:00PM at the Maplewood Nature Center, 2659 7th St. E., Maplewood, MN 55119 Co-sponsored by Friends of Maplewood Nature Adults and Teens the beauty of Maplewood’s southern most greenway and hear how local citizens propose to environment and learn about its history. Be prepared for primitive trails and uneven terrain. Saturday, May 8, 1:00 - 3:00PM FREE, please call 651.249.2170 to register by May 6. photo by Myra Smisek Rain Barrel Installation Demonstration - May 11 or June 15, 7:00PM Choose one at Maplewood residential yards, TBA FREE. To register, call 651.249.2170 by May 9 or June 13 Watch Corrie Zoll of Metro Blooms install a rain barrel in a home Waterfest at Lake Phalen All ages – A family outdoors event by the RWMW District Saturday, May 22, 10:00AM - 2:00PM All Waterfest events except the 5K run are FREE! Stop by the Maplewood Nature Center booth for information on the lessons, a 5k Walk-Run & and more! Learn how to keep lakes clean for up for the 5K run. Composting- Make your own Black Gold Saturday, June 12, 10:00 - 11:00AM at the Maplewood Nature Center, 2659 7th St. E., Maplewood, MN 55119 Cost is $5.00/per household Call 651.249.2170 to register by June 10 Leaves, kitchen scraps, and yard waste are a valuable resource that can be transformed into rich dark soil. Compost builds your soil and creating and using indoor worm bins or outdoor compost bins. Reduce your trash bill while creating your own lawn and garden fertilizer. Extremely GREEN Summer Party! Adults and Families Friday, June 18, 5:00 - 8:00PM at the Maplewood Nature Center, 2659 7th St. E., Maplewood, MN 55119 Cost is $5.00/family. Pre-paid registration appreciated. Celebrate summer vacation with Extremely Green games, crafts and activities in the new Nature Play Area at Maplewood Nature Center Additional refreshments provided by Cravings. Tuesday, July 13, 6:30 - 8:30PM For more information & To Register www.ci.maplewood.mn.us/extremegreen Registration, classes & events 651.249.2170 Tour the incredible shoreline plantings at Lake Phalen! Learn to identify Applying for the makeover 651.249.2181 *This great event takes place after the Green Makeover application deadline. AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development & Park Director Charles Ahl, Assistant City Manager SUBJECT: Update on Fish Creek Conservation Development Concept DATE: March 3, 2010 INTRODUCTION Staff will provide council with an update on the discussions with the Ramsey Washington Metro Watershed District Board regarding the acquisition of the former CoPar/Carver Crossing property. The concept st proposal that was presented to council at the March 1 City Council Workshop explored the idea of the City, acting through the Economic and Development Authority (EDA), entering into a purchase agreement to acquire the 73 acre site. Staff will also be meeting with the city’s bond council and will provide the council with an update on this discussion as well. BACKGROUND Attached is a copy of the staff report that was included in the packet for the March 1, 2010 City Council Workshop. RECOMMENDATION It is recommended that the City Council direct the City Manager to continue to explore options regarding the Fish Creek Conservation Development Concept. Attachment: 1. March 1, 2010 City Council Workshop Report Work Session Agenda Item E1 AGENDA REPORT TO : James Antonen, City Manager FROM: DuWayne Konekwo, Director of Community Development/Parks Charles Ahl, Assistant City Manager SUBJECT:Discussion of Considering Purchase of Property within Fish Creek Area [CoPar Property] and Consider Options for Recovery of Costs DATE:February25, 2010 INTRODUCTION/SUMMARY Theformer CoPar property has recently been placed on the market for sale at a price of $2,750,000. This item is placed on the agenda for discussion of a concept for acquisition of the property in order to protect the pristine portions of the site. The protection of this site was a priority goal of the City Council at the February 5, 2010 retreat, although discussions at that time were focused along the lines of a referendum approach. This concept is still being developed; however, the staff would like to review the overall principles and approaches prior to further exploration of the concept, in order to gauge the Council’s support for these procedures. The Concept: 1.The City, acting through the Economic and Development Authority (EDA) would enter into a purchase agreement for the entire 73 acres.During the litigation of the proposed CoPar development, the City acquisition of the property was estimated at $12 million. This property is now available for $0.25 on the dollar. 2.A consultant planner, working with our Community Development staff, would develop concepts for the land use of the property based upon our Conservation Principles, recently adopted for this area of our community. 3.Our Parks staff would work with the Park Commissionand Environment and Natural Resources Commission to develop areas of the property that would permanently protected under all design concepts. 4.The consultant planner,working with both the Conservation Principles and the desired protection areas as defined through the Park Commission, would develop a site plan. Based upon preliminary estimates, the net buildable area of the entire 73 acres is 40-45 acreas. This plan would be coordinated with the Planning Commission. 5.Based upon the current land use, the maximum number of buildable lots using the 1.5 units per buildable acre would be 60-67 lots. 6.The City engineering staff, working with a consultant engineer, would prepare feasibility studies on the cost of the infrastructure, based upon the site plan. 7.The City’s economic development staff, working through the Business and Economic Development Commission (BEDC), would begin marketing of the various phases of the project in 8-10 lot increments. 8.The City’s Public Works Department coordinating with the marketing efforts, would implement improvements for the infrastructure in various phases as the property areas are resold. It is anticipated that about 50% of the 73 acreswould actually be marketed, with the goal that at least half of the property be retained for natural purchases.An alternative to this approach that would reduce expenditures might be to offer the paper lots to developers and allow the developer to implement the improvements. This would reduce costs, but also reduce control of the property improvements. 9.Assessments would be levied against the saleable parcels as a cost securing measure and be considered as part of the sale agreements. 10.As sale agreementsare executed, probably over a 3-8 year period, the EDA would be paid back the funding for the project / concept. FISH CREEK PURCHASE CONSIDERATION PAGE TWO The Financial Concept: 1.Likely concept expenses: a.Property Purchase: $2,750,000 b.Infrastructure Costs: $2,250,000 c.Interests / Carrying Costs: $ 500,000 d.TOTAL Concept Costs $5,500,000 2.Likely Project Revenues: a.Sale of property lots – 67 @ $80,000 $5,360,000 i.[range from $50,000 - $125,000] ii.Average price assumed at $80,000 b.New home PAC Fees – 67 @ $3,500$ 234,500 c.TOTAL Revenue Costs $5,594,500 Discussion There are a number of assumptions within this concept that involve risk for the City. First, the Council has indicated that City debt should be decreased. This concept will not help with that goal. This concept has risk and will pledge the support of the tax base if the concept fails or takes longer than the 8 year planning period. The dedication of staff efforts to this concept will limit the other initiatives that the Councilmay deem appropriate. Finally, this is a concept that puts the City into the private development world. There are certainly positives for this concept. The protection of the property is a primary goal and this is solidly financed, instead of pursuing areferendum during these difficult economic times. With the City maintaining control of the development site plan, this approach allows the City to balance the protection needs as the primary development approach. Protection of the natural resources willnot be compromised by the financial incentives. Next Steps As noted above, the next steps are for the Council to debate the concept. If acceptable for the staff to continue exploring this idea, the Council should direct staff to retain some expert services of a consultant planner, legal advice on the financial plan, along with discussions with our bonding/financial consultant and bond counsel. The Community Development Department will be taking the lead on the project, and supportedby the AssistantCity Manager, who will coordinate the financial and public works aspects.The City Attorney will also be assisting in exploring purchase options for the site. RECOMMENDATION It is recommended that the City Council direct the City Manager to proceed with the Fish Creek purchase concept. Attachments: 1.Map showing property sale information S Sterling AveS Sterling AveS Sterling AveS Sterling AveS Sterling AveS Sterling Ave S Sterling AveS Sterling AveS Sterling AveS Sterling AveS Sterling AveS Sterling Ave