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Home My WebLink About2010 06-28 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,June 28,2010 City Hall, Council Chambers Meeting No. 14-10 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE 1.Acknowledgementof Maplewood Residents Serving the Country. C.ROLL CALL Mayor’s Address on Protocol: “Welcome tothe meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. At the podium 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 OF AGENDA E.APPROVAL OF MINUTES 1.Approval of June 7, 2010, City Council Workshop Minutes(Closed Session) 2.Approval of June 7, 2010, City Council Workshop Minutes 3.Approval of June 14, 2010, Council Manager Workshop Minutes 4.Approval of June 14, 2010, City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Promotion of Sergeant Michael Nye (No Agenda Report) CONSENT AGENDA – G.Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or commentsare made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1.Approval Of Claims 2.Approval of Miscellaneous Permits Ramsey County Fair 3.Approval of Resolution Authorizing Purchase of Insurance Agent Services 4.Resolution Establishing Depository Services Account for Trans Medic Ambulance Billing Activity. 5.Resolution Authorizing the Sale of 2010B Bonds. 6.Resolution AcceptingDonation From Schmelz Countryside 7.Request Approval to Purchase 2010 Chevy Tahoe 8.Request Approval to Purchase Automated/Mobile License Plate Reader 9.County Road D Realignment (West) Improvements (TH 61 to Walter Street), Project 02- 08, Resolution Accepting Project and Adopting Final Financing Plan in order to Close Project 10.Approval of the Drinking Water Protection Delegation Agreement with theMinnesota Department of Health 11.Approval of the Trout Brook Trail Feasibility Proposal 12.Lions Park Improvements, City Project No. 08-09, Resolution Approving Plans and Specifications and Advertising for Bids H.PUBLIC HEARINGS 1.Sign Ordinance Amendment – Political Campaign Signs (First Reading) (7:00 pm) 2.NPDES Phase II Annual Report - Public Meeting (7:00pm) I.UNFINISHED BUSINESS 1.Temporary Sign Ordinance Review – Banners and Window Signs 2.Storm Water Ordinance Summary Publication (Super Majority Vote Required) 3.Historical Preservation Ordinance Amendments – Second Reading J.NEW BUSINESS 1.Goodwill—Design Review, Parking Waiver, Wetland Buffer Variances and Lot Combination, 2580 and 2582 White Bear Avenue K.VISITOR PRESENTATIONS L.AWARD OF BIDS 1.Rice/36 Interchange Improvements, Project 09-07, Resolution of Concurrence with Ramsey County for Award of Bid M.ADMINISTRATIVE PRESENTATIONS 1.Audit of 2009 Comprehensive Annual Financial Report – Schedule Information N.COUNCIL PRESENTATIONS O.ADJOURNMENT Sign language interpreters for hearing impaired persons are available forpublic hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings – elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 p.m., Monday,June 7, 2010 Council Chambers, City Hall A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:23p.m.by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present Julie Wasiluk, Councilmember Present C.APPROVAL OF AGENDA CouncilmemberJuenemannmoved to approve the agenda as submitted. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. D.UNFINISHED BUSINESS 1.Metro Fire Training Facility a.Maplewood Fire Chief, Steve Lukin gave the presentation on the MetroFire Training Facility and answered questions of the council. b.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council regarding the Capital Improvement Planand future funding for the Metro Fire Training Facility. 2.Review of 2011-2015 Capital Improvement Plan a.Assistant City Manager, Public Works Director, Chuck Ahl gave the presentation on the 2011-2015 Capital Improvement Plan and answered questions of the council. b.City Manager, James Antonen answered questions of the council. E.NEW BUSINESS None. F. ADJOURNMENT Mayor Rossbachadjourned the meeting at 6:50 p.m. June 7, 2010 1 City Council Manager Workshop Minutes Packet Page Number 3 of 163 Agenda Item E1 SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL 5:15p.m., Monday,June 7, 2010 Council Chambers, City Hall Meeting No. 12-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:17 p.m.by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present Julie Wasiluk, Councilmember Present D. APPROVAL OF AGENDA Councilmember Juenemannmoved to approve the agenda as submitted. Seconded by Councilmember Llanas. Ayes – All The motion passed. E. NEW BUSINESS 1.Joint Powers Agreement for Lifeguard Services – Mahtomedi Beach and Silver Lake Beach a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report and answered questions of the council. Councilmember Wasilukmoved to approve the agreements between the City of Maplewood and the City of Mahtomedi and the City of North St. Paul to provide lifeguard services and administrative aquatic services for the Mahtomedi Beach and Silver Lake Beach. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. F. ADJOURNMENT Mayor Rossbachadjourned the meeting at5:22p.m. June 7, 2010 1 Special City Council Meeting Minutes Packet Page Number 4 of 163 Agenda Item E3 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 p.m., Monday,June 14, 2010 Council Chambers, City Hall A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:17 p.m.by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present Julie Wasiluk, Councilmember Present C.APPROVAL OF AGENDA Councilmember Juenemannmoved to approve the agenda as submitted. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. D.UNFINISHED BUSINESS 1.Review of 2011 Budget a.Closed Session – Discussion of 2011 Bargaining Contract Negotiations - 5:20 p.m. i.Human Relations Attorney, Chuck Bethel gave a report on early retirement incentive program options for 2010 and 2011. Following this discussion Mr. Bethel recommended the city council conduct their discussions in a closed session to discuss the 2011 bargaining contract negotiations. Councilmember Nephew moved to go into closed session for the purpose of discussing contract negotiations with the city’s bargaining groups as is permitted by State Statute 13D.03Subdivision B. Seconded by Councilmember Juenemann. Ayes – All The motion passed. At 6:01 p.m. Mayor Rossbach reopened the meeting. June 14, 2010 1 City Council Manager Workshop Minutes Packet Page Number 5 of 163 b.Presentation on 2011 IT Department Budget a.IT Director, Mychal Fowlds gave the 2011 IT Department Budget report and answered questions of the council. c.Presentation on 2011 Finance Department Budget a.Assistant City Manager, Public Works Director, Chuck Ahl gave the2011 Finance Department Budgetreport and answered questions of the council. d.Presentation on 2011 Administration/Executive Department Budget a.Assistant City Manager, Public Works Director, Chuck Ahl gave the2011 Administration/Executive Department Budgetreport and answered questions of the council. E.NEW BUSINESS 1.Parks and Recreation Citizens Survey Report a.Graduate Intern, John Helcl gave the Parks and Recreation Citizens Survey Report and answered questions of the council. b.Community Development and Parks Director, DuWayne Konewko answered questions of the council. F. ADJOURNMENT Mayor Rossbachadjourned the meeting at 6:56 p.m. June 14, 2010 2 City Council Manager Workshop Minutes Packet Page Number 6 of 163 Agenda Item E4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday,June 14, 2010 Council Chambers, City Hall Meeting No.13-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m.byMayor Rossbach. B.PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present Julie Wasiluk, Councilmember Present D. APPROVAL OF AGENDA The following items were changed on the agenda: Mayor Rossbach tabled item F2.Promotion of Sergeant Michael Nyedue to ascheduling conflict. Councilmember Juenemann added N1. National Night Out. Councilmember Wasiluk added N2. Parking and Vehicle Storage. Councilmember Llanas added N3.Edina Ordinance to be consideredfor Maplewood. Councilmember Nephewmoved to approve the agenda as amended. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. E. APPROVAL OF MINUTES 1.Approval of May 24, 2010, City Council Workshop Minutes Councilmember Nephewmoved to approve the May 24, 2010, City Council Workshop Minutesas submitted. Seconded by CouncilmemberLlanas. Ayes – All The motion passed. June 14, 2010 1 City Council MeetingMinutes Packet Page Number 7 of 163 2.Approval of May 24, 2010, City Council Meeting Minutes Councilmember Wasilukmoved to approve the May 24, 2010, City Council MeetingMinutesas submitted. Seconded by CouncilmemberJuenemann. Ayes – Mayor Rossbach, Councilmembers Juenemann, Nephew and Wasiluk Abstention – Councilmember Llanas The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1.Swearing In of New Police Officers Aaron Slinger & Katherine Lynch a.Maplewood Police Chief, Dave Thomalla gave the report regarding OfficersAaron Slinger and Katherine Lynch. b.City Clerk, Karen Guilfoile administered the swearing in of Officer Aaron Slinger andOfficer Katherine Lynch. 2.Promotion of Sergeant Michael Nye – (Tabled due to a conflict) 3.Awarding of Military Order of the Purple Heart National Law Enforcement Citation to Officer Julie Olson a.Mayor Rossbach introduced Mark Brown who presented Officer Julie Olson with the Award of Military Order of the Purple Heart National Law Enforcement Citation for her heroicactions during the shooting incident on September 7, 2009 when North St. Paul Officer Crittendon was killed in the line of duty. G. CONSENT AGENDA 1.CouncilmemberNephewmoved to approve items1, and items 3-10 Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 2.Mayor Rossbachmoved to approve item2. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 1. Approval of Claims CouncilmemberNephewmoved Approval of Claims. ACCOUNTS PAYABLE: $ 373,418.23 Checks # 81339thru # 81428 Dated 05/25/10 thru 05/25/10 June 14, 2010 2 City Council MeetingMinutes Packet Page Number 8 of 163 $ 429,795.14Disbursements via debits to checking account Dated 05/10/10 thru 05/20/10 $ 526,294.42Checks # 81429thru #81487 Dated 05/27/10 thru 06/01/10 $ 148,864.59Disbursements via debits to checking account Dated 05/21/10 thru 05/28/10 $ 183,332.01Checks # 81488thru #81522 Dated 06/02/10 thru 06/08/10 $ 337,480.17Disbursements via debits to checking account Dated 05/28/10 thru 06/04/10 __________________ $ 1,999,184.56Total Accounts Payable PAYROLL $ 487,551.60Payroll Checks and Direct Deposits dated 05/28/10 $ 2,800.75Payroll Deduction check #1009030thru #1009032 dated 05/28/10 ___________________ $ 490,352.35Total Payroll GRAND TOTAL $ 2,489,536.91 Seconded by Councilmember Juenemann. Ayes – All The motion passed. 2.Conditional Use Permit Review – Sandy Lake Materials Storage and Recycling, County Road B West of I-35E a.Community Development and Parks Director, DuWayne Konewko answered questions of the council. i.Jacklyn Benjamin, Maplewood, addressed the council. ii.Dave Schuller, Chief Engineer in charge of the project, addressed the council. Mayor Rossbachmoved toapprove the conditional use permit for the St. Paul Regional Water Services Material Recycling Operation at Sandy Lake and shall be reviewed again in one year. This CUP shall be reviewed sooner if theapplicant does not complete the slope stabilization by the end of June 2010 and provide the city engineer with a maintenance and management plan for this slope stabilization work. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. June 14, 2010 3 City Council MeetingMinutes Packet Page Number 9 of 163 3.Reconsideration of the Rezoning of the Lots Fronting on Dorland Road, Heights Avenue and Overlook Circle from E1 (Single Dwelling Residential) to R-1R (Rural Conservation Dwelling District) Councilmember Nephewmoved toapprove the rezoning of the single family dwellings fronting Dorland Road, Heights Avenue and Overlook Circle from R1 (single dwelling) to R-1R (rural conservation dwelling district). This rezoning is based on Minnesota Statute 473.865 subdivision 3, which requires the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. REZONING RESOLUTION 10-06-409 WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from R1 (single dwelling) to R-1R (rural conservation dwelling district); WHEREAS , this zoning map change applies to the 25 single dwellings located along Dorland Road, Heights Avenue and Overlook Circle. The property identification numbers identifying the affected properties are: PIN24-28-22-23-0028; PIN 24-28-22-23-0034; PIN 24-28-22-23-0035; PIN 24-28-22-23-0031; PIN 24-28-22-23-0016; PIN 24-28-22-23-0038; PIN 24-28-22-23-0030; PIN 24-28-22-23-0036; PIN 24-28-22-23-0037; PIN 24-28-22-23-0014; PIN 24-28-22-23-0015; PIN 24-28-22-23-0032; PIN 24-28-22-23-0033; PIN 24-28-22-23-0029; PIN 24-28-22-23-0017; PIN 24-28-22-23-0023, PIN 24-28-22-23-0020, PIN 24-28-22-23-0022; PIN24-28-22-23-0021; PIN 24-28-22-23-0039; PIN 24-28-22-23-0040; PIN24-28-22-23-0025; PIN 24-28-22-23-0027; PIN 24-28-22-23-0024; PIN 24-28-22-23-0026; 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 Rural 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.OnApril 20, 2010, theplanning commission held a public hearingto 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 May 10, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. 3.On June 14, 2010, the city council further discussed the proposed zoning map change. June 14, 2010 4 City Council MeetingMinutes Packet Page Number 10 of 163 NOW, THEREFORE, BE IT RESOLVED that the city council passedthe above-described change in the zoning map based on Minnesota Statute 473.865subdivision 3, which requires the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council passedthis resolution onJune 14, 2010. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 4.Spring 2010 Clean-Up Event Summary a.Community Development and Parks Director, DuWayne Konewko addressed the council. Councilmember Nephewmoved toapprove the Spring 2010 Clean Up Event. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 5.Resolution Approving Donation of Computer from Target Corporation Councilmember Nephewmoved toapprove the resolution approving the donation of an iMac Power PC 65 computer from Target Corporation to the police department. RESOLUTION 10-06-410 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 pursuantto the donor’s terms if so-prescribed, and; WHEREAS,Target Corporation wishes to grant the City of Maplewood the following: an iMac Power PC G5 computer, and; WHEREAS, Target Corporationhas instructed that the City will be required to use the aforementioned for: police purposes only, 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 super 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 a super majority vote of its membership on June 14, 2010. June 14, 2010 5 City Council MeetingMinutes Packet Page Number 11 of 163 Signed: Signed: Witnessed: _______________________________________ ___________________ (Signature) (Signature) (Signature) Mayor______________Chief of Police_________ City Clerk____________ (Title) (Title) (Title) ____________________________________________________________ (Date) (Date) (Date) Seconded by Councilmember Juenemann. Ayes – All The motion passed. 6.Hills and Dales Area Street Improvements, Project 09-15, Resolution Directing Modification of Existing Construction Contract, Change Order No. 1 CouncilmemberNephewmoved toapprove the resolution directing modification of existing construction contract, change order No. 1, for the Hills and Dales area street improvements, City Project 09-15. RESOLUTION 10-06-411 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09-15, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-15, Hills and Dales Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is no necessary and expedient that said contract be modified and designated as Improvement Project 09-15, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is a reduction of $29,923.02. The revised contract amount is $5,341,192.04 th Adopted by the Maplewood City Council on this 14day of June 2010. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. June 14, 2010 6 City Council MeetingMinutes Packet Page Number 12 of 163 7.Hills and Dales area Street Improvements, Project 09-15, Approval of Cost Share agreement with the Ramsey-Washington Metro Watershed District CouncilmemberNephewmoved toapprove the cost share agreementwith the Ramsey Washington Metro Watershed District for the construction and maintenance of the proposed infiltration basin west of Day Road, and direct the Mayor and City Manager to sign the agreement signifying council approval. Minor modifications are approved by the City Attorney and are authorized as needed for the agreement. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 8.Hills and Dales Area Street Improvements, Project 09-15, 1240 Belmont Lane – Sanitary Sewer Service Reimbursement Recommendation a.City Engineer, Deputy Public Works Director, Michael Thompson addressed the council. Councilmember Nephewmoved toapprove the sanitary sewer service reimbursement recommendation of $1,245.90 for 1240 Belmont Lane for the Hills and Dales Area Street Improvements, Project 09-15. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 9.Hills and Dales Area Street Improvements, Project 09-15, Approval of Memorandum of Understanding: Right of Entry Agreement with Ramsey County Parks and Recreation Councilmember Nephewmoved toapprove the agreement and authorize the city engineer to ratify the memorandum of understanding: right of entry agreement with Ramsey County Parks and Recreation for the Hills and DalesArea Street Improvements, Project 09-15. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 10.White Bear Avenue/County Road D Improvements, Project 08-13, Resolution Accepting Roll and Ordering Assessment Hearing CouncilmemberNephewmoved toapprove the resolution accepting the roll and ordering the assessment hearing for the White Bear Avenue/County Road D Improvements, Project 08-14, RESOLUTION 10-06-412 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the city engineer has, at thedirection of the council, prepared an assessment roll for the White Bear Avenue / County Road D Improvements, City Project 08-13, andthe said assessment roll is accepted by council and is on file in the office of the city engineer. NOW, THEREFORE, BE ITRESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: June 14, 2010 7 City Council MeetingMinutes Packet Page Number 13 of 163 th 1.A hearing shall be held on the 26day of July2010, at city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer, and that written or oral objections will be considered. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. H. PUBLIC HEARING 1.Historical Preservation Ordinance Amendments – Consider Approval of the First Reading – 7:00 p.m. a.Building Official, David Fisher gave the report and answered questions of the council. Mayor Rossbach opened the public hearing. No one came forward to speak. Mayor Rossbach closed the public hearing. Ron Cockriel, Historical Preservation Commission member answered questions of the council. CouncilmemberNephewmoved to approve the name change from Historical Preservation Commission to HeritagePreservation Commission and approval ofthe (first reading) of the Historical Preservation Ordinance Amendments. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. I.UNFINISHED BUSINESS 1.Consider Calling Special Council Manager Work Sessions for the Purpose of Reviewing and Discussing Options for the 2011Budget and 2011-2015 Capital Improvement Plan a.Tuesday, July 6, 2010, at 4:30 p.m. b.Thursday, July 15, 2010, at 5:15 p.m. i.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. Councilmember Wasilukmoved to approve the Special Council Manager Work Sessions for Tuesday, July 6, 2010, at 4:30 p.m. and Thursday, July 15, 2010, at 5:15 p.m. for the purpose of reviewing and discussing options for the 2011 Budget and 2011 – 2015 Capital Improvement Plan. June 14, 2010 8 City Council MeetingMinutes Packet Page Number 14 of 163 Seconded by Mayor Rossbach. Ayes –All The motion passed. 2.Stormwater Ordinance –Second Reading a.City Engineer, Deputy Public Works Director, Michael Thompsongave the report and answered questions of the council. i.Environmental and Natural ResourcesCommission member, Ginny Yingling, Maplewood addressed the council. Councilmember Juenemannmoved to approve the (Second Reading) of the Stormwater Ordinance.This ordinance revises portions of the Environmental Protection and Critical Area (Article VII)dealing with the Nationwide Urban Runoff Program (Section 12-307(f)). This amendment also moves this section of the article in its entirety to the Environment Chapter (Chapter 18) of the city code. ORDINANCE NO. 903 An Ordinance Amending Article VII (Environmental Protection and Critical Area), Section 12- 307(f) (Nationwide Urban Runoff Program) TheMaplewood city councilapproves the following changes to the Maplewood Code of Ordinances: This ordinance deletes portions of the Environmental Protection and Critical Area (Article) VII dealing with the Nationwide Urban Runoff Program (Section 12-307(f)). This ordinance also moves the stormwater management ordinance in its entirety to the Environment Chapter (Chapter 18) of the city code. Section 1. This section deletes portions of the Environmental Protection and Critical Area ordinance at Section 12-307(f) (Nationwide Urban Runoff Program). (f)Where feasible, all new stormwater detention ponds shall be designed and constructed to meet the Nationwide Urban Runoff Program (NURP) design criteria of removing at least 60 percent of the phosphorous. The engineer or designer may use the Walker pondnet model or the Pitt pond model when designing stormwater ponds, as noted by the Minnesota Pollution Control Agency (MPCA) Protecting Water Quality in Urban Areas manual. The applicant or applicant’s engineer shall provide the city engineer with the necessary calculations to verify the pond design. Section 2. This section creates a new stormwater management ordinance which will be placed in the Environment Chapter (Chapter 18) of the city code. Section 18-180. Applicability . Stormwater management standards shall apply to new development and redevelopment projects which result in one-half acre (21,780 square-feet) or more of disturbed area or five thousand (5,000) square-feet or more of new impervious surface. a.Runoff Rates. Runoff rates resulting from a project subject to the standards shall not exceed the pre-project runoff rates for the 2-year, 10-year, and 100-year critical durationstorm events. b.Water Quality Treatment. A runoff volume of at least one (1.0)inch, over all new impervious and redevelopment impervious portions of a project, must be treated through infiltration practices. June 14, 2010 9 City Council MeetingMinutes Packet Page Number 15 of 163 1)Filtration practices that are designed for partial recharge (e.g., bioretention basin with under drains) shall receive seventy percent (70%) credit for the runoff volume treatment requirement of 1.0 inch. 2)For projects where infiltration or filtration is notfeasible, or is prohibited as described in the stormwater management standards, the project must provide treatment systems that remove ninety (90%) total suspended solids (TSS) and sixty percent (60%)total phosphorus (TP) on an annual basis. Section 18-181. Erosion Control . Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term “land disturbance activity” in the city’s erosion and sedimentation control ordinance. Section 18-182. Illicit Discharges . No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants other than stormwater. The following discharges are exempt: a.Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants; b.Discharges or flows from fire fighting, and other discharges specified in writing by the Cityas being necessary to protect public health and safety; c. The prohibition provision above shall not apply to any non-stormwaterdischarge permitted under an National Pollutant Discharge Elimination System (NPDES) permit or order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the (municipal/county) separate storm sewer system. d.These requirements do not replace or supersede other City ordinances, watershed district rules or permit requirements, or state and federal rules or permits required for the project. Section 18-183. Regulating Use of Coal Tar Based Sealer Products . a.Purpose. The City understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. Regulation of sealer products within the City is needed in order to protect, restore, and preserve the quality of its waters. b.Definitions. Except as may otherwise be provided or clearly implied by context, all terms used in this ordinance shall be given their commonly accepted definitions. Forthepurpose of Section 18- 183of this ordinance, the following definitions shall apply unless the context clear indicates or requires a different meaning: Asphalt-Based Sealer. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. June 14, 2010 10 City Council MeetingMinutes Packet Page Number 16 of 163 Coal Tar. A byproduct of the process used to refine coal. Coal Tar-Based Sealer. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. PAHs(Polycyclic Aromatic Hydrocarbons). A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life. c. Prohibitions. 1)No person shall apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City. 2)No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar-based sealer to any driveway, parking lot, or other surface within the City. 3)No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City. d.Exemption. Upon the express written approval fromboth the City and the MPCA, a person conducting bona fide research on the effects of coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Section 18-183. e.Asphalt-Based Sealcoat Products. The provisions of this ordinance shall only apply to use of coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. f.Penalty. Any person convicted of violating any provision in this ordinance is guilty ofa misdemeanor and penalties shall conform to Section 1-15 of City Code: General penalties for violations; continuing violations. g.Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. The city council approved the first reading of this ordinance on May 10, 2010 . The city council approved the second reading of this ordinance on June 14, 2010. Signed: _______________________________ _______________________________ Will Rossbach, Mayor Date Attest: ________________________________ Karen Guilfoile, City Clerk June 14, 2010 11 City Council MeetingMinutes Packet Page Number 17 of 163 Seconded by CouncilmemberNephew. Ayes – All The motion passed. At 7:55 p.m. Councilmember Nephew moved to adjourn as council members and assume the roll of the Economic Development Authority. Seconded by Mayor Rossbach. Ayes – All The motion passed. 3.Approval of Adoption of Maplewood Area Economic Development Authority Rules of Procedure a.Planner, Michael Martin gave the report and answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. a.Maplewood Area Economic Development Authority’s Rules of Procedure Councilmember Nephewmoved to approve the Maplewood Area Economic Development Authority’s Rules of Procedurewith the changes noted by staff. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. b.Election of Chair and Vice Chairpersonof the Maplewood Area Economic Development Authority for 2010 Councilmember Juenemannmoved to approve nominations and elect John Nephew as Chairperson and James Llanas as Vice Chairperson ofthe Maplewood Area Economic Development Authority for 2010. Seconded by Mayor Rossbach. Ayes – All The motion passed. c.Business and Economic Development Commission Update i.Planner, Michael Martin gave the report and update on the BEDC ii.Mark Jenkins, Chair of the Business and Economic Development Commission addressed the council. iii.City Attorney, Alan Kantrud answered questions of the council. June 14, 2010 12 City Council MeetingMinutes Packet Page Number 18 of 163 At 8:16 p.m. Chairperson Nephew moved to adjourn the meeting of the Maplewood Area Economic Development Authority and move back into the roll as city council members. Mayor Rossbachreconvenedthe city council meeting. 4.Ordinance Prohibiting Certain Conduct Related to Motor Vehicles a.City Attorney, Alan Kantrud gave the report and answered questions of the council. Mayor Rossbach asked if anyone wanted to address the council. 1.Diana Longrie, Maplewood addressed the council. Councilmember Juenemannmoved to approve the language presented in the form of a (second reading) of an ordinancerelating to certain conduct related to motor vehicles. This ordinance will be enacted after publication in the official newspaper. ORDINANCE 904 AN ORDINANCE PROHIBITING THE RIDING UPON THE EXTERNAL PORTION OF VEHICLES; CLINGING TO MOVING VEHICLES; AND UNLAWFULLY EXTENDING BODY PARTS BEYOND THE INTERIOR LIMITS OF MOVING VEHICLES WHEREAS, The City of Maplewood is aware and concerned about unsafe operation of motor vehicles, specifically, the riding upon moving vehicles, allowing passengers to extend body parts outside of the interior of them or hang onto them to from the outside while in motion and, WHEREAS, The City Council believes it is in the best interest of the Public and the citizens of Maplewood that the conduct described above be prohibited and, WHEREAS, the State of Minnesota has not prohibited the conduct described above and WHEREAS, the City may prohibit the conduct described above by Ordinance pursuant to its authority. NOW, Therefore it here by ordained that: The Maplewood City Code be expanded to include § 36-40 which shall read: Sec. 36-40Certain acts prohibited. No person shall ride upon the external portion of any motor vehicle while in operation, alight from or board any motor vehicle while in operation, extend any portion of the body from the interior of the vehicle, nor intend any portion of the body into the interior thereof while in operation. A driver may signal by hand as authorized by law and this section is not applicable to emergency vehicle drivers. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. June 14, 2010 13 City Council MeetingMinutes Packet Page Number 19 of 163 5.Fish Creek Estates – Approval to Proceed with Property Negotiations a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. b.City Manager, James Antonen, addressed the council. Mayor Rossbach asked if anyone wanted to address the council. 1.Ginny Yingling, Maplewood. 2.Bob Zick, North St. Paul. 3.Diana Longrie, Maplewood. 4.Carolyn Peterson, Maplewood. 5.Marvin Koppen, Maplewood. 6.Ron Cockriel, Maplewood. 7.Michael Bailey, Maplewood. CouncilmemberNephewmoved to direct staff to proceed with Option #2. Seconded by CouncilmemberLlanas. Ayes – All The motion passed. The city council took a break at 9:28 p.m. The city council reconvened. J.NEW BUSINESS 1.Rezoning of the Undeveloped Mogren Property Southwest of White Bear Avenue and County Road Cfrom F (Farm Residential) to BC (Business Commercial) a.Planner, Michael Martingave the report and answered questions of the council. b.City Attorney, Alan Kantrud addressed and answered questions of the council. Mayor Rossbach asked if anyone wanted to address the council. 1.Alvin Bierbaum, Planning Commission Member. 2.Eva, Maplewood.(Could not hear her voice on the microphone) 3.Bob Zick, North St. Paul. 4.Rick Johnson, Maplewood. 5.CarolynGuzzo, Maplewood. 6.ArleneFrokjer, Maplewood. Councilmember Juenemannmoved to approve the rezoning of the westerly half of the undeveloped property located southwest of the intersection of White Bear Avenue and County Road C between the Regal Car Wash and the former Super America Fuel Station, from F (farm residential) to BC (business commercial). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. June 14, 2010 14 City Council MeetingMinutes Packet Page Number 20 of 163 REZONING RESOLUTION 10-06-413 WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from F (farm residential) to BC (business commercial); WHEREAS , this zoning map change applies to the westerly half of the undeveloped property located southwest of the intersection of White Bear Avenue and County Road C between the Regal Car Wash and the former Super America Fuel Station. The property identification number identifying the affected property is: PIN 11-29-22-22-0041 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 Commercial. WHEREAS ,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend theirofficial 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.OnMay 18, 2010, theplanning 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.OnJune 14, 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 passedthe 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 June 14, 2010. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. June 14, 2010 15 City Council MeetingMinutes Packet Page Number 21 of 163 2.Rezoning of the Vacant Property South of Lower Afton Road and West of the Fire Station from F (Farm Residential) to R3 (Multi-Family Residential) a.Planner, Michael Martingave the report and answered questions of the council. 1.Alvin Bierbaum, Planning Commission Member. 2.Shirley Rupert, Maplewood 3.Chris Little, Property Owner, Columbia Heights. CouncilmemberNephewmoved to approve the resolution for the rezoning of the undeveloped property located on the south side of Lower Afton Road, north of Connemara Condominiums, from F (farm residential) to R3 (multiple dwelling residential). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. REZONING RESOLUTION 10-06-414 WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from F (farm residential) to R3 (multiple dwelling residential); WHEREAS , this zoning map change applies to the undeveloped property located on the south side of Lower Afton Road, north of Connemara Condominiums. The property identification numbers identifying the affected property are: PIN 12-28-22-21-0004 and PIN 12-28-22-21-0002 WHEREAS ,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that classified the land use plan for the above referenced properties to MDR. 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.OnMay 18, 2010, theplanning commission held a public hearingto 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 June 14, 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 passedthe 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 June 14, 2010. June 14, 2010 16 City Council MeetingMinutes Packet Page Number 22 of 163 Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 3.Rice/36 Interchange Improvements, Project 09-07 a.Approval of Traffic Signal Maintenance Agreement with Ramsey County b.Approval of Cooperative Agreement (PW 2010-15) with Ramsey County c. Approval of No Parking Resolution i.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Councilmember Nephewmoved to approve the traffic signal maintenance agreement (PW 2010- 09) and the cooperative agreement (PW 2010-15), for City Project 09-07, and direct the Mayor and City Manager to sign the agreements signifying council approval. Minor modifications as approved by the city attorney are authorized as needed for both agreements. It is further recommended that the council approve the No Parking Resolution restricting parking on Rice Street from Larpenteur to County Road B. RESOLUTION 10-06-415 RESOLUTION OF THE CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA THAT PARKING OF MOTOR VEHICLES IS HEREBY PROHIBITED AT ALL TIMES ON RICE STREET (CSAH 49) FROM LARPENTEUR AVENUE TO COUNTY ROAD B WHEREAS, Ramsey County has submitted to the Commissioner of Transportation the plans and specifications for the reconstruction of the Trunk Highway 36/Rice Street Interchange and related Rice Street Improvements from 680 feet south of County Road B and555 feet north of County Road B-2, designated as State Project Numbers SP62-649-27 CTBand SP 6212-165 in the Cities ofMaplewood, Roseville, and Little Canada; and WHEREAS, review of conditions, operations and maintenance associated with the proposed construction project indicates that no parking restrictions must be designated along Rice Street within the project limits; and WHEREAS, further evaluation of Rice Street (CSAH 49), from Larpenteur Avenue to the southern limits of the project, and from the northern limits of the project to Demont Avenue, has determined that conditions, operations and maintenance on these additional segments of Rice Street warrant similar no parking restrictions; WHEREAS, municipal concurrence to parking restrictions isrequired by County Board Resolution No. 85-152; and WHEREAS, the cities of Little Canadaand Maplewood have also been asked to concur in the designation of the indicated no parking restrictions along the same portions of Rice Street within their corporate limits; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Maplewood, Ramsey County, Minnesota concurs that parking shall be prohibited within its corporate limits on the east side of Rice Street from Larpenteur Avenueto County Road B. June 14, 2010 17 City Council MeetingMinutes Packet Page Number 23 of 163 This Resolution was declared duly passed and adopted and was signed by the Mayor and th attested to by the City Clerkthis 14day of June, 2010. Attest:______________________________ Mayor ___________________________ City Clerk Seconded by CouncilmemberLlanas. Ayes – All The motion passed. K.VISITOR PRESENTATIONS 1.Bob Zick, North St. Paul. Mr. Zick asked Mayor Rossbach to clarify something he had said earlier regarding land use and rezoning. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS 1.Councilmember Juenemann stated National Night Outis Tuesday, August 3, 2010. 2.Councilmember Wasiluk asked staff to look at the restrictions for parking and vehicle storage on residential property. 3.Councilmember Llanas had mentioned during the approval of the agenda that he wanted to discuss an Edina Ordinance but decided he wouldfollow up with City Manager Antonen regarding this ordinance and the possibility of having an ordinance like this for Maplewood. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 11:08p.m. June 14, 2010 18 City Council MeetingMinutes Packet Page Number 24 of 163 G-1 AGENDA NO. AGENDA REPORT TO:City Council Finance Director FROM: RE:APPROVAL OF CLAIMS June 28, 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: $ 148,575.73Checks # 81523 thru # 81575 dated 06/04/10 thru 06/15/10 $ 162,552.91Disbursements via debits to checking account dated 06/04/10 thru 06/11/10 $ 257,067.49Checks # 81576 thru # 81630 dated 06/10/10 thru 06/22/10 $ 309,408.04Disbursements via debits to checking account dated 06/11/10 thru 6/18/10 $ 877,604.17Total Accounts Payable PAYROLL $ 497,046.29Payroll Checks and Direct Deposits dated 06/11/10 $ 2,800.75Payroll Deduction check # 1009080 thru # 1009082 dated 06/11/10 $ 499,847.04Total Payroll $ 1,377,451.21GRAND 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 P:\APPROVAL OF CLAIMS\2010\AprClms 6-11-10 and 6-18-10.xlt Packet Page Number 25 of 163 Check Register City of Maplewood 06/10/2010 CheckDateVendorDescriptionAmount 8152306/04/201004054STEVEN REEDDJ SERVICES JUNE 4TH CARVER GYM175.00 8152406/07/201004222SYNERGY MOTOR CAR COMPANY2005 FORD F250 CC PU22,475.00 8152506/10/201002464US BANKFUNDS FOR ATMS8,000.00 8152606/10/201004428HELLO! BOOKING, INC.2ND HALF PMT FOR CONCERT MCC 6/111,075.00 06/15/2010ERICKSON OIL PRODUCTS INC 8152701973CAR WASHES - MAY64.00 06/15/2010GOPHER STATE ONE-CALL 8152800585NET BILLABLE TICKETS - MAY957.15 06/15/2010YOCUM OIL CO. 8152901798CONTRACT DIESEL FUEL - MAY7,149.24 06/15/201010,000 LAKES CHAPTER 8153002347REGISTRATION FEE90.00 06/15/20101ST LINE/LEEWES VENTURES LLC 8153100504MDSE FOR RESALE301.25 06/15/20101ST LINE/LEEWES VENTURES LLC 00504MDSE FOR RESALE-59.00 06/15/2010ALERUS FINANCIAL 8153204493ESCROW RELEASE 2520 WHITE BEAR AVE6,629.30 06/15/2010ALEX AIR APPARATUS INC 8153302411SCBA COMP REPAIR713.09 06/15/2010ASPEN MILLS 8153400132HIGH VIZ JACKET6,697.50 06/15/2010BETWEEN THE LINES 8153504508SOFTBALL UMPIRE APRIL & MAY6,025.00 06/15/2010C.S.C. CREDIT SERVICES 8153600240APPLICANT BACKGROUND CHECKS60.22 06/15/2010HEIDI CAREY 8153702149REIMB FOR MILEAGE 1/21 - 2/2360.50 06/15/2010HEIDI CAREY 02149REIMB FOR MILEAGE 3/12 - 5/354.00 06/15/2010HEIDI CAREY 02149REIMB FOR MILEAGE 6/4 - 6/818.00 06/15/2010CHECK DIVERSION PROGRAMSURCHARGE PMT REIMB TO COLLECTION A60.00 8153804139 8153906/15/201004509COMFORTS OF HOMEREFUND PLANNING ESCROW30,069.73 8154006/15/201003313DAMARCO SOLUTIONS LLCRIGHT-TO-KNOW/HAZ COMM875.00 8154106/15/201004161EARTHWORKSRAMSEY CO BARN RAIN GARDEN PROJ2,155.00 06/15/2010DEREK FRITZE 8154204064SECURITY OFFICER JUNE 12TH MCC262.50 06/15/2010GAMETIMEREPLACEMENT PARTS - TOT LOT EDGERTO536.54 8154300550 8154406/15/201004505IAAIMEMBERSHIP FEE75.00 8154506/15/201004306INSTANT WHIP-MINNEAPOLIS, INC.MDSE FOR RESALE204.01 8154606/15/201004005JOHN A DALSIN & SON, INCMCC COURT AREA EXPOSED ROOF SEALE6,071.03 8154706/15/201004503KASEY KECKEISENREGISTRATION FEE250.00 8154806/15/201003934LISA KROLLREIMB FOR MILEAGE 4/20 - 6/721.25 06/15/201003934LISA KROLLREIMB FOR MILEAGE 4/5 - 5/248.00 06/15/2010MAPLEWOOD BAKERY 8154900932MDSE FOR RESALE/BANQUET EVENT303.10 06/15/2010MAPLEWOOD FIRE FIGHTERS RELIEF 8155000935STATE SUPPLEMENTAL BENEFIT 20096,000.00 06/15/2010MCCARTHY WELL COMPANY 8155100953WELL PUMP INSPECTION HAZELWOOD185.00 06/15/2010MEDICARE PART B 8155204114REFUND FOR TRANS MEDIC PATIENT477.31 06/15/2010METROPOLITAN COUNCIL 8155300986MONTHLY SAC - MAY18,711.00 06/15/2010MN GFOA 8155400901MNGFOA LUNCHEON15.00 06/15/2010MOTOROLA, INC 8155501111XTL 5000 MOBILE 10-35 WATT RADIO3,423.34 06/15/2010NORTHERN TECHNOLOGIES, INC. 8155604507PROJ 09-15 TESTING SRVS600.00 06/15/2010ONE TIME VENDOR 8155700001REIMB DEARBOURNE IRRIGATION SYS681.31 06/15/2010ONE TIME VENDOR 8155800001REIMB K MOSS IRRIAGION SYS REPAIR300.00 06/15/2010ONE TIME VENDOR 8155900001REIMB T MORTENSON SOFTBALL130.00 06/15/2010PERA 8156001311OMITTED DEDUCTIONS3,290.97 06/15/2010POST BOARD 8156101283POLICE OFFICER LICENSES1,620.00 06/15/2010MICHELLE PRONSATI 8156204184INSTRUCTION OF ZUMBA384.50 06/15/2010TERRIE RAMEAUX 8156300264REIMB FOR MILEAGE 5/26 - 6/236.00 06/15/2010REGAL AUTO WASH DETAIL XX 8156401359CAR WASH CHARGES - MAY801.90 06/15/2010CYNTHIA JEAN SORINI REISTAD 8156504436ZUMBA INSTRUCTION - MAY336.00 06/15/2010CITY OF ROSEVILLE 8156602001MCAFEE SPAM FILTERING SRVS1,950.00 06/15/2010ROTO-ROOTER SERVICES COMPANY 8156701391PROJ 09-15 TELEVISING220.84 06/15/2010ROTO-ROOTER SERVICES COMPANY 01391PROJ 09-15 TELEVISING150.00 06/15/2010SCHWAN FOOD CO 8156804043MDSE FOR RESALE30.97 06/15/2010SMOKE EATER 8156901478FIRE SUBSCRIPTION524.00 06/15/2010TRANS-MEDIC 8157004192EMS BILLING - MAY2,760.00 06/15/2010UNIVERSAL RECYCLING TECH, LLCSPRING CLEANUP ELECTRONICS RECYCLIN3,476.24 8157104501 8157206/15/201004179VISUAL IMAGE PROMOTIONSPROG DISPLAY SIGN MCC - MAY250.00 Packet Page Number 26 of 163 06/15/201004179VISUAL IMAGE PROMOTIONSPROG DISPLAY SIGN MCC - JUNE250.00 8157306/15/201001750THE WATSON CO INCMDSE FOR RESALE234.24 8157406/15/201004506LINNEA ZAGERREIMB FOR SUPPLIES 5/2812.30 8157506/15/201004381ZEUS AND COMPANYK9 FOOD FOR POLICE K9'S348.40 148,575.73 53Checks in this report. Packet Page Number 27 of 163 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 06/04/1006/07/10MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,096.10 06/07/1006/08/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)18,841.68 06/07/1006/08/10MN Dept of Natural ResourcesDNR electronic licenses3,909.83 06/07/1006/08/10Pitney BowesPostage2,985.00 06/08/1006/09/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)8,900.50 06/08/1006/09/10MN State TreasurerDrivers License/Deputy Registrar(city clrk)15,067.03 06/09/1006/10/10ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)13,935.19 06/09/1006/10/10US Bank VISA One Card*Purchasing Card Items41,609.43 06/10/1006/11/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,352.76 06/10/1006/11/10INGDeferred Compensation23,855.39 TOTAL162,552.91 *Detailed listing of VISA purchases is attached. Packet Page Number 28 of 163 Check Register City of Maplewood 06/18/2010 CheckDateVendorDescriptionAmount 8157606/10/201003121HAYLAND WOODSWILDFLOWERS FOR NEW TRAIL424.94 8157701345FERNS & SHRUBS FOR MNC TRAILS183.83 06/14/2010RAMSEY COUNTY 8157801284MAILING CITY NEWS-JULY PERMIT 49034,500.00 06/17/2010POSTMASTER 8157902464FUNDS FOR ATMS8,000.00 06/17/2010US BANK 8158006/22/201003576EUREKA RECYCLINGRECYCLING CHARGES - JUNE28,060.41 8158106/22/201000499DANIEL F. FAUSTCIP PREPARATION 5/8 - 5/311,041.25 8158206/22/201001337RAMSEY COUNTY-PROP REC & REVPROJ 09-15 EASEMENTS46.00 06/22/2010RAMSEY COUNTY-PROP REC & REV 01337PROJ 09-15 EASEMENTS46.00 06/22/2010RAMSEY COUNTY-PROP REC & REV 01337PROJ 09-15 EASEMENTS46.00 06/22/2010RAMSEY COUNTY-PROP REC & REV 01337PROJ 09-15 EASEMENTS46.00 06/22/2010XCEL ENERGY 8158301190ELECTRIC & GAS UTILITY5,145.01 06/22/2010XCEL ENERGY 01190ELECTRIC & GAS UTILITY2,556.65 06/22/2010XCEL ENERGY 01190ELECTRIC & GAS UTILITY1,697.43 06/22/201001190XCEL ENERGYELECTRIC & GAS UTILITY268.02 06/22/201001190XCEL ENERGYFIRE SIRENS48.08 8158406/22/201000058CRAIG AICHELEREIMB FOR TOOL ALLOWANCE425.00 06/22/2010ANIMAL CONTROL SERVICES 8158500111BOARDING & MISC FEES 4/27 - 5/211,041.53 06/22/2010AUTO RESCUE INC 8158603408TOW AMBULANCE69.63 8158706/22/201003744ANTHONY BARILLA, JRSPRING VOLLEYBALL REF264.00 06/22/2010DON BOWMAN 8158801865SPRING VOLLEYBALL ASSIGNMENTS156.00 06/22/2010COTTAGE GROVE ATHLETIC ASSOC. 8158903921BASKETBALL LEAGUE GYM TIME2,337.00 06/22/2010DOWNTOWNER DETAIL CENTER 8159000420VEHICLE CLEANING & DETAILING129.14 8159106/22/201002921MICHAEL J DUGASSECURITY OFFICER JUNE 10TH MCC140.00 8159206/22/201004374EMS TECHNOLOGY SOLUTIONS, LLCAMBUTRAK LICENSE FEE180.00 8159306/22/201003126FIRE INSTRUCTION & RESCUE EDUCCAR FIRE SIMULATOR - TRAINING2,000.00 8159406/22/201003516ANTHONY GABRIELREIMB FOR K-9 EQUIP 6/142.50 8159506/22/201001867PERRY HANSONSPRING VOLLEYBALL REF456.00 8159606/22/201003538PATRICK JAMES HUBBARDSPRING VOLLEYBALL REF528.00 06/22/2010JOHNSON FLOOR SANDING 8159704243RESAND/SEAL DANCE FLLOR MCC360.00 8159806/22/201004095BERNARD JUNGMANNREIMB FOR TUITION 4/1 - 5/311,500.00 8159906/22/201004513KD HOMES OR CAROL A GANJEESCROW RELEASE 2556 BETH COURT2,649.52 06/22/2010 DEPT OF LABOR & INDUSTRY 8160000393MONTHLY SURTAX - MAY 90841230351,705.52 06/22/2010LEAGUE OF MINNESOTA CITIES 8160100857CONFERENCE JAMES ANTONEN935.00 06/22/2010LEAGUE OF MINNESOTA CITIES 00857CONFERENCE WILL ROSSBACH295.00 06/22/201000857LEAGUE OF MINNESOTA CITIESCONFERENCE - JOHN HELCL85.00 8160206/22/201002060CITY OF LITTLE CANADABASKETBALL LEAGUE GYM TIME166.00 8160306/22/201002215JASON MARINOREIMB FOR SUPPLIES 5/544.00 8160406/22/201004060MES - MIDAMSCBA REPAIR426.19 04060SCBA REPAIR30.86 06/22/2010MES - MIDAM 8160506/22/201004007MINNESOTA DEPT OF HEALTHHOSPITALITY FEE35.00 06/22/2010MN POLLUTION CONTROL AGENCY 8160601088PROJ 09-15 PROG REVIEW1,050.00 06/22/2010NYSTROM PUBLISHING CO INC 8160701202MAPLEWOOD MONTHLY/SEASONS JUNE6,177.00 06/22/2010ONE SOURCE FITNESS, L.L.C. 8160804280KRANK CYCLES FOR MCC3,800.00 8160906/22/201000001ONE TIME VENDORREIMB L CAMPBELL DRIVEWAY5,305.00 06/22/2010ONE TIME VENDOR 8161000001REFUND RONHOLM HP BENEFIT120.00 06/22/2010ONE TIME VENDOR 8161100001REFUND M CHISHOLM SOFTBALL60.00 8161206/22/201000001ONE TIME VENDORREFUND J WAGNER SOFTBALL60.00 8161306/22/201000001ONE TIME VENDORREFUND AYD HP BENEFIT40.00 8161406/22/201000001ONE TIME VENDORREFUND BURESH HP BENEFIT40.00 8161506/22/201000001ONE TIME VENDORREFUND J MIKEL SOFTBALL40.00 8161606/22/201000001ONE TIME VENDORREFUND J RILEY HP BENEFIT20.00 8161706/22/201000001ONE TIME VENDORREFUND R SMITH HP BENEFIT20.00 8161806/22/201000001ONE TIME VENDORREFUND S TROYER HP BENEFIT20.00 Packet Page Number 29 of 163 8161901301REIMB FOR MILEAGE 6/1028.40 06/22/2010WILLIAM PRIEFER 8162006/22/201004221RANDY'S MEATS & GOOD STUFFMDSE FOR RESALE138.48 8162101340MEDICAL SUPPLIES438.17 06/22/2010REGIONS HOSPITAL 8162202001MONTHLY JOINT POWER SRVS - JUNE625.00 06/22/2010CITY OF ROSEVILLE 8162306/22/201004512ST CROIX PREPARATORY ACADEMYBASKETBALL LEAGUE GYM TIME1,498.45 8162406/22/201001836CITY OF ST PAULLOCATES & STREET LIGHT REPAIR267.99 06/22/201001836CITY OF ST PAULRADIO SHOP SERVICES - MAY128.25 8162506/22/201001578T R F SUPPLY CO.SAFETY GLOVES & TOWELS319.27 06/22/2010T.A. SCHIFSKY & SONS, INC 8162601574PROJ 09-15 HILLS & DALES PARTPMT#1121,651.96 PROJ 09-04 STILLWATER RD/TH 5 PARTPM35,356.99 06/22/201001574T.A. SCHIFSKY & SONS, INC 01574BITUMINOUS MATERIALS - STREET1,222.34 06/22/2010T.A. SCHIFSKY & SONS, INC 8162706/22/201001615THERMO-DYNE, INC.REPAIR & MAINT ON MCC EQUIP3,009.03 8162806/22/201001669TWIN CITIES TRANSPORT &TOWING FEE FORFEITURE VEHICLES1,325.32 06/22/2010UNIFORMS UNLIMITED INC 8162901683POLICE UNIFORMS - MAY5,941.23 8163006/22/201004402WEST GOVERNMENT SERVICESCLEAR CHARGES - MAY254.10 257,067.49 Checks in this report. 55 Packet Page Number 30 of 163 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 06/11/1006/14/10MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,328.48 06/11/1006/14/10ICMA (Vantagepointe)Deferred Compensation3,694.65 06/11/1006/14/10MN Dept of Natural ResourcesDNR electronic licenses1,113.50 06/14/1006/15/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)18,903.42 06/14/1006/15/10MN State TreasurerDrivers License/Deputy Registrar(city clrk)3,059.00 06/14/1006/15/10PERAPERA84,717.98 06/14/1006/15/10US TreasurerFederal Payroll Tax (FICA)97,054.73 06/15/1006/16/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)15,276.25 06/15/1006/16/10AUL AdministrationHRA Flex plan666.66 06/15/1006/16/10Labor UnionsUnion Dues1,802.00 06/15/1006/16/10MN State TreasurerState Payroll Tax20,613.16 06/15/1006/16/10VancoFrequent Fitness Service Fee54.00 06/16/1006/17/10ThurMN State TreasurerDrivers License/Deputy Registrar(city clrk)13,342.17 06/17/1006/18/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)28,469.44 06/17/1006/18/10Optimum Healtcare FSA Funds3,312.60 TOTAL309,408.04 *Detailed listing of VISA purchases is attached. Packet Page Number 31 of 163 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 06/11/10JUENEMANN, KATHLEEN416.42 06/11/10LLANAS, JAMES416.42 06/11/10NEPHEW, JOHN416.42 06/11/10ROSSBACH, WILLIAM473.15 06/11/10STRAUTMANIS, MARIS132.50 06/11/10WASILUK, JULIE416.42 06/11/10AHL, R. CHARLES5,217.95 06/11/10ANTONEN, JAMES5,800.00 06/11/10BURLINGAME, SARAH276.91 06/11/10KANTRUD, HUGH184.62 06/11/10CHRISTENSON, SCOTT2,266.33 06/11/10FARR, LARRY2,748.86 06/11/10JAHN, DAVID1,840.37 06/11/10RAMEAUX, THERESE3,030.67 06/11/10BAUMAN, GAYLE3,860.96 06/11/10FORMANEK, KAREN1,762.17 06/11/10MITTET, ROBERT3,554.40 06/11/10ANDERSON, CAROLE1,295.96 06/11/10DEBILZAN, JUDY1,197.68 06/11/10JACKSON, MARY2,102.96 06/11/10KELSEY, CONNIE2,569.25 06/11/10LAYMAN, COLLEEN2,926.15 06/11/10CAREY, HEIDI2,494.95 06/11/10GUILFOILE, KAREN4,376.43 06/11/10KROLL, LISA1,770.91 06/11/10NEPHEW, MICHELLE1,554.15 06/11/10SCHMIDT, DEBORAH2,589.83 06/11/10SPANGLER, EDNA969.29 06/11/10CORTESI, LUANNE1,067.21 06/11/10JAGOE, CAROL1,886.78 06/11/10KELLY, LISA259.79 06/11/10LARSON, MICHELLE1,405.04 06/11/10MECHELKE, SHERRIE1,097.11 06/11/10MOY, PAMELA1,174.29 06/11/10OSTER, ANDREA1,886.79 06/11/10WEAVER, KRISTINE2,245.36 06/11/10CORCORAN, THERESA1,882.15 06/11/10KVAM, DAVID4,168.15 06/11/10PALANK, MARY1,886.77 06/11/10POWELL, PHILIP2,903.66 06/11/10SVENDSEN, JOANNE2,081.79 06/11/10THOMALLA, DAVID4,936.26 06/11/10YOUNG, TAMELA1,882.15 06/11/10ABEL, CLINT2,988.56 06/11/10ALDRIDGE, MARK3,381.64 Packet Page Number 32 of 163 06/11/10BAKKE, LONN2,995.25 06/11/10BARTZ, PAUL4,348.61 06/11/10BELDE, STANLEY2,888.66 06/11/10BENJAMIN, MARKESE2,479.67 06/11/10BIERDEMAN, BRIAN3,359.20 06/11/10BOHL, JOHN3,199.54 06/11/10BUSACK, DANIEL3,844.25 06/11/10COFFEY, KEVIN2,977.60 06/11/10CROTTY, KERRY3,507.77 06/11/10DEMULLING, JOSEPH2,882.68 06/11/10DOBLAR, RICHARD3,576.98 06/11/10DUGAS, MICHAEL4,315.66 06/11/10ERICKSON, VIRGINIA3,099.34 06/11/10FLOR, TIMOTHY1,451.20 06/11/10FRASER, JOHN3,340.99 06/11/10FRITZE, DEREK2,749.53 06/11/10GABRIEL, ANTHONY3,301.29 06/11/10HAWKINSON JR, TIMOTHY2,787.03 06/11/10HER, PHENG2,449.13 06/11/10HIEBERT, STEVEN3,861.29 06/11/10JOHNSON, KEVIN4,739.72 06/11/10KALKA, THOMAS896.28 06/11/10KARIS, FLINT3,698.55 06/11/10KONG, TOMMY3,565.95 06/11/10KREKELER, NICHOLAS806.28 06/11/10KROLL, BRETT2,830.76 06/11/10LANGNER, SCOTT2,983.45 06/11/10LANGNER, TODD2,943.34 06/11/10LU, JOHNNIE2,922.14 06/11/10MARINO, JASON3,300.70 06/11/10MARTIN, JERROLD2,988.56 06/11/10MCCARTY, GLEN2,904.55 06/11/10METRY, ALESIA3,004.64 06/11/10NYE, MICHAEL3,442.08 06/11/10OLSON, JULIE3,004.64 06/11/10REZNY, BRADLEY2,903.13 06/11/10RHUDE, MATTHEW3,028.74 06/11/10SHORTREED, MICHAEL4,060.51 06/11/10STEINER, JOSEPH2,773.06 06/11/10SYPNIEWSKI, WILLIAM2,773.06 06/11/10SZCZEPANSKI, THOMAS3,705.88 06/11/10TAUZELL, BRIAN2,370.23 06/11/10THEISEN, PAUL3,282.44 06/11/10THIENES, PAUL3,293.10 06/11/10TRAN, JOSEPH2,930.85 06/11/10WELCHLIN, CABOT2,995.84 06/11/10WENZEL, JAY3,052.67 06/11/10XIONG, KAO2,948.24 06/11/10BAUMAN, ANDREW2,663.01 06/11/10DAWSON, RICHARD3,425.68 06/11/10DOLLERSCHELL, ROBERT293.39 06/11/10EVERSON, PAUL3,271.35 06/11/10FOSSUM, ANDREW2,734.07 06/11/10HALWEG, JODI3,139.60 06/11/10HENDRICKSON, NICHOLAS2,613.45 Packet Page Number 33 of 163 06/11/10JUNGMANN, BERNARD3,375.63 06/11/10KUBAT, ERIC2,311.99 06/11/10LINDER, TIMOTHY2,581.69 06/11/10NOVAK, JEROME3,304.74 06/11/10OLSON, JAMES2,978.39 06/11/10PETERSON, ROBERT3,174.64 06/11/10PLACE, ANDREA2,757.15 06/11/10SEDLACEK, JEFFREY2,944.82 06/11/10STREFF, MICHAEL2,663.01 06/11/10SVENDSEN, RONALD3,530.22 06/11/10GERVAIS-JR, CLARENCE3,679.63 06/11/10LUKIN, STEVEN4,475.33 06/11/10ZWIEG, SUSAN2,234.15 06/11/10KNUTSON, LOIS1,958.96 06/11/10NIVEN, AMY1,411.62 06/11/10PRIEFER, WILLIAM3,012.69 06/11/10AHL, GREGORY980.00 06/11/10BRINK, TROY2,244.55 06/11/10BUCKLEY, BRENT1,930.15 06/11/10DEBILZAN, THOMAS2,130.35 06/11/10EDGE, DOUGLAS2,127.66 06/11/10HAMRE, MILES1,296.00 06/11/10JONES, DONALD2,125.35 06/11/10MEISSNER, BRENT1,754.95 06/11/10NAGEL, BRYAN3,459.15 06/11/10OSWALD, ERICK2,844.82 06/11/10RUNNING, ROBERT2,496.47 06/11/10SETNES, SAMUEL980.00 06/11/10TEVLIN, TODD2,125.35 06/11/10BURLINGAME, NATHAN1,994.15 06/11/10DUCHARME, JOHN2,713.97 06/11/10EATON, MEGAN1,001.00 06/11/10ENGSTROM, ANDREW2,344.56 06/11/10JACOBSON, SCOTT2,344.58 06/11/10JAROSCH, JONATHAN2,709.36 06/11/10KREGER, JASON2,052.55 06/11/10KUMMER, STEVEN3,063.75 06/11/10LINDBLOM, RANDAL2,713.97 06/11/10LOVE, STEVEN3,140.26 06/11/10THOMPSON, MICHAEL4,095.87 06/11/10ZIEMAN, SCOTT837.80 06/11/10HELCL, JOHN322.40 06/11/10EDSON, DAVID2,170.59 06/11/10GUNDERSON, ANDREW1,026.00 06/11/10HINNENKAMP, GARY2,137.38 06/11/10MARUSKA, MARK3,183.11 06/11/10NAUGHTON, JOHN2,125.35 06/11/10NORDQUIST, RICHARD2,127.66 06/11/10SCHINDELDECKER, JAMES2,129.97 06/11/10BIESANZ, OAKLEY1,407.76 06/11/10DEAVER, CHARLES737.62 06/11/10GERNES, CAROLE708.77 06/11/10HAYMAN, JANET819.19 06/11/10HUTCHINSON, ANN2,622.79 06/11/10SOUTTER, CHRISTINE504.00 Packet Page Number 34 of 163 06/11/10WACHAL, KAREN904.18 06/11/10GAYNOR, VIRGINIA3,211.95 06/11/10FRY, PATRICIA1,953.26 06/11/10HALL, KATHLEEN405.00 06/11/10KONEWKO, DUWAYNE4,590.46 06/11/10SINDT, ANDREA2,034.95 06/11/10THOMPSON, DEBRA821.71 06/11/10EKSTRAND, THOMAS3,800.52 06/11/10MARTIN, MICHAEL2,530.95 06/11/10BRASH, JASON2,154.15 06/11/10CARVER, NICHOLAS3,211.95 06/11/10FISHER, DAVID3,778.99 06/11/10SWAN, DAVID2,686.95 06/11/10WELLENS, MOLLY1,866.29 06/11/10BERGER, STEPHANIE117.94 06/11/10BJORK, BRANDON93.50 06/11/10JANASZAK, MEGHAN663.38 06/11/10KOHLMAN, JENNIFER111.00 06/11/10ROBBINS, AUDRA2,847.74 06/11/10ROBBINS, CAMDEN46.88 06/11/10SCHALLER, SCOTT186.38 06/11/10SHERRILL, CAITLIN374.38 06/11/10TAYLOR, JAMES2,583.24 06/11/10THOMFORDE, FAITH1,482.95 06/11/10ADAMS, DAVID1,716.19 06/11/10GERMAIN, DAVID2,134.59 06/11/10HAAG, MARK2,244.55 06/11/10SCHULTZ, SCOTT2,776.06 06/11/10ANZALDI, MANDY1,919.13 06/11/10BRENEMAN, NEIL1,939.70 06/11/10CRAWFORD - JR, RAYMOND738.48 06/11/10EVANS, CHRISTINE1,242.42 06/11/10GLASS, JEAN2,103.68 06/11/10HANSEN, LORI2,912.02 06/11/10HER, CHONG51.00 06/11/10HER, PETER284.90 06/11/10HOFMEISTER, MARY1,006.68 06/11/10HOFMEISTER, TIMOTHY141.06 06/11/10KULHANEK-DIONNE, ANN76.50 06/11/10LAMB, JACQUELINE162.00 06/11/10OLSON, ERICA124.63 06/11/10OLSON, SANDRA42.00 06/11/10PELOQUIN, PENNYE549.19 06/11/10PENN, CHRISTINE2,094.61 06/11/10SCHOENECKER, LEIGH629.25 06/11/10SMITH, TERRENCE224.00 06/11/10STARK, SUE252.00 06/11/10VANG, KAY393.13 06/11/10VUE, LOR PAO107.25 06/11/10AICHELE, MEGAN23.75 06/11/10AMUNDSON, DANIKA139.69 06/11/10ANDERSON, JOSHUA109.20 06/11/10ANDERSON, JUSTIN112.70 06/11/10ANDERSON, MAXWELL90.63 06/11/10BAUDE, SARAH36.50 Packet Page Number 35 of 163 06/11/10BEITLER, JULIE36.00 06/11/10BENJAMIN, AYLA134.06 06/11/10BERDIE, CRAIG20.00 06/11/10BIGGS, ANNETTE112.88 06/11/10BRENEMAN, SEAN114.20 06/11/10BRUSOE, AMY158.40 06/11/10BRUSOE, CRISTINA87.45 06/11/10BUCHMAYER, NICOLLET66.99 06/11/10BUCKLEY, BRITTANY149.85 06/11/10BUTLER, ANGELA102.00 06/11/10CAMPBELL, JESSICA72.00 06/11/10DEMPSEY, BETH159.25 06/11/10DUNN, RYAN924.14 06/11/10EKSTRAND, DANIEL33.36 06/11/10ERICKSON-CLARK, CAROL49.00 06/11/10FONTAINE, KIM276.50 06/11/10GRUENHAGEN, LINDA213.78 06/11/10HANSEN, HANNAH21.75 06/11/10HEINRICH, SHEILA215.00 06/11/10HOLMBERG, LADONNA366.00 06/11/10HOLMGREN, LEAH30.00 06/11/10HORWATH, RONALD2,589.01 06/11/10JOHNSON, BARBARA109.50 06/11/10JOHNSON, JAMES16.00 06/11/10JOYER, JENNA26.78 06/11/10KOGLER, RYAN149.65 06/11/10KOHLER, ROCHELLE17.00 06/11/10KOLLER, NINA214.08 06/11/10KRONHOLM, KATHRYN647.56 06/11/10KURZHAL, ALISON75.03 06/11/10LAMEYER, ZACHARY26.78 06/11/10MATHEWS, LEAH49.50 06/11/10MCCARTHY, ERICA145.25 06/11/10NADEAU, KELLY125.88 06/11/10NWANOKWALE, MORDY201.50 06/11/10PEHOSKI, JOEL37.50 06/11/10PROESCH, ANDY687.60 06/11/10RENFORD, NATHAN115.63 06/11/10RENFORD, NICHOLAS21.75 06/11/10RICHTER, DANIEL54.00 06/11/10RICHTER, NANCY262.50 06/11/10RONNING, ISAIAH97.39 06/11/10RONNING, ZACCEUS43.80 06/11/10SCHAEFER, NATALIE86.85 06/11/10SCHREIER, ROSEMARIE166.50 06/11/10SCHREINER, MICHELLE126.94 06/11/10SCHUNEMAN, GREGORY265.25 06/11/10SJERVEN, BRENDA119.00 06/11/10SKAAR, SAMANTHA90.25 06/11/10SKUNES, KELLY42.90 06/11/10SMITH, ANN59.40 06/11/10SMITLEY, SHARON301.80 06/11/10TAYLOR, JASON94.00 06/11/10TREPANIER, TODD346.00 06/11/10TUPY, ELIANA102.00 Packet Page Number 36 of 163 06/11/10TUPY, HEIDE88.80 06/11/10TUPY, MARCUS207.45 06/11/10WARNER, CAROLYN237.60 06/11/10WEDES, CARYL73.50 06/11/10WEEVER, NAOMI25.38 06/11/10WOLFGRAM, MARY262.85 06/11/10WOODMAN, ALICE69.00 06/11/10YOUNCE, BLAISE105.13 06/11/10BOSLEY, CAROL353.63 06/11/10GIERNET, ASHLEY40.38 06/11/10LANGER, CHELSEA90.00 06/11/10LANGER, KAYLYN157.50 06/11/10SAVAGE, KAREN47.50 06/11/10ZAGER, LINNEA382.51 06/11/10BEHAN, JAMES1,999.86 06/11/10BOWMAN, MATTHEW268.20 06/11/10COLEMAN, PATRICK210.25 06/11/10DOUGLASS, TOM1,410.55 06/11/10LONETTI, JAMES420.00 06/11/10MALONEY, SHAUNA180.00 06/11/10PRINS, KELLY1,255.62 06/11/10REILLY, MICHAEL1,915.75 06/11/10SCHOENECKER, KYLE130.50 06/11/10THOMPSON, BENJAMIN290.00 06/11/10VALERIO, TARA201.40 06/11/10WILLIAMS, DAELA239.25 06/11/10ZIELINSKI, JESSICA43.50 06/11/10FINWALL, SHANN3,312.92 06/11/10AICHELE, CRAIG2,204.87 06/11/10PRIEM, STEVEN2,390.15 06/11/10WOEHRLE, MATTHEW2,136.55 06/11/10BERGO, CHAD2,651.63 06/11/10FOWLDS, MYCHAL3,669.86 06/11/10FRANZEN, NICHOLAS2,413.50 100904506/11/10STEFFEN, LAINIE364.50 100904606/11/10DVORAK, ADAM768.00 100904706/11/10WYGANT, MELISSA215.00 100904806/11/10GRAVES, CONNIE66.00 100904906/11/10MALLET, AMANDA125.81 100905006/11/10VUKICH, CANDACE29.00 100905106/11/10ANDERSON, ALYSSA38.75 100905206/11/10BUESING, DYLAN40.43 100905306/11/10CRANDALL, KRISTA48.44 100905406/11/10FLUEGEL, LARISSA92.44 100905506/11/10GIPPLE, TRISHA43.50 100905606/11/10GRAY, MEGAN36.75 100905706/11/10JOYER, ANTHONY22.20 100905806/11/10MCCORMACK, MELISSA44.10 100905906/11/10MCLAURIN, CHRISTOPHER284.39 100906006/11/10MCMAHON, MELISSA18.75 100906106/11/10MCMAHON, MICHAEL59.40 100906206/11/10MORIS, RACHEL62.50 100906306/11/10NORTHOUSE, KATHERINE25.19 100906406/11/10NWANOKWALE, EMMA19.38 100906506/11/10PIEPER, THEODORE33.75 Packet Page Number 37 of 163 100906606/11/10QUANT, JENNA33.60 100906706/11/10ROSTRON, ROBERT426.85 100906806/11/10SCHMIDT, EMILY50.60 100906906/11/10SCHMIDT, JOHN90.00 100907006/11/10TATEOSIAN, SAMANTHA14.70 100907106/11/10TRUE, ANDREW130.43 100907206/11/10VIMR, CAYLA21.75 100907306/11/10DANIEL, BREANNA294.00 100907406/11/10ELLIS, DANIEL100.00 100907506/11/10EVERSON, SARAH52.50 100907606/11/10HER, MARINA50.00 100907706/11/10HANSON, MATTHEW292.50 100907806/11/10SCHULZE, KEVIN360.00 100907906/11/10STEFFEN, MICHAEL87.00 497,046.29 Packet Page Number 38 of 163 Transaction DatePosting DateMerchant NameTransaction AmountName 05/25/201005/26/2010PRICE CHOPPER, INC$113.00 MANDY ANZALDI 05/26/201005/27/2010TARGET 00006940$55.38 MANDY ANZALDI 05/27/201005/28/2010PARTY CITY #768$33.81 MANDY ANZALDI 06/01/201006/03/2010THE HOME DEPOT 2801$13.94 MANDY ANZALDI 06/03/201006/04/2010CUB FOODS, INC.$15.88 MANDY ANZALDI 05/20/201005/24/2010BLOOMINGTON SECURIT$51.70 JIM BEHAN 05/24/201005/25/2010DIAPER DECK & COMPANY$215.00 JIM BEHAN 05/25/201005/27/2010THE HOME DEPOT 2801$20.50 JIM BEHAN 05/26/201005/28/2010THE TRANE COMPANY$148.21 JIM BEHAN 05/27/201005/28/2010PRECOR$590.22 JIM BEHAN 05/27/201005/31/2010GOPHER PLUMBING SUPPLY$71.47 JIM BEHAN 06/01/201006/02/2010HENRIKSEN ACE HARDWARE$1.26 JIM BEHAN 06/02/201006/04/2010THE HOME DEPOT 2801$8.54 JIM BEHAN 06/03/201006/04/2010AQUA LOGICS INC$75.52 JIM BEHAN 06/03/201006/04/2010AQUA LOGICS INC$1,246.27 JIM BEHAN 05/24/201005/26/2010OFFICE DEPOT #1090$35.29 CHAD BERGO 06/02/201006/03/2010AFTERMARKETCELLULAR$39.80 CHAD BERGO 05/25/201005/26/2010AGR*GARDENER SUPPLY CO$176.88 OAKLEY BIESANZ 06/02/201006/04/2010PETLAND - ST. PAUL$10.75 OAKLEY BIESANZ 05/27/201005/31/2010AUTOZONE #3082$38.38 RON BOURQUIN 05/21/201005/24/2010DICK'S CLOTHING&SPORTING$12.83 NEIL BRENEMAN 05/26/201005/28/2010INSTAWARES/SUITESUPPLY$112.89 NEIL BRENEMAN 05/27/201005/28/2010SPRINT AQUATICS$110.11 NEIL BRENEMAN 05/28/201005/31/2010RELIABLE PAPER INC$164.98 NEIL BRENEMAN 06/02/201006/03/2010ARAMARK MINNEAPOLIS OCS$483.94 NEIL BRENEMAN 05/21/201005/24/2010BATTERIES PLUS #31$38.54 TROY BRINK 05/21/201005/24/2010MENARDS 3059$3.16 TROY BRINK 05/25/201005/27/2010THE HOME DEPOT 2801$47.64 TROY BRINK 05/26/201005/27/2010JDL LESCO 530$9.48 TROY BRINK 06/01/201006/02/2010GE CAPITAL$43.92 SARAH BURLINGAME 06/02/201006/03/2010TACTICAL CITY$274.12 DAN BUSACK 05/25/201005/26/2010CITY PAGES$133.34 HEIDI CAREY 06/01/201006/02/2010CITY PAGES$383.34 HEIDI CAREY 06/02/201006/03/2010CLEAR CHANNEL MINNEAPOLIS$1,875.00 HEIDI CAREY 06/01/201006/03/2010RUTTGERS SUGAR LAKE L$125.00 NICHOLAS CARVER 05/20/201005/24/2010THE HOME DEPOT 2801$5.75 SCOTT CHRISTENSON 05/25/201005/26/2010NDSCS BUSINESS OFFICE$189.00 SCOTT CHRISTENSON 05/25/201005/26/2010VIKING ELEC-CREDIT DEPT.$685.22 SCOTT CHRISTENSON 05/26/201005/27/2010VIKING ELEC-CREDIT DEPT.$342.61 SCOTT CHRISTENSON 05/26/201005/28/2010THE HOME DEPOT 2801$27.73 SCOTT CHRISTENSON 06/03/201006/04/2010VIKING ELEC-CREDIT DEPT.$137.95 SCOTT CHRISTENSON 06/03/201006/04/2010UNITED REFRIG BR #Z1$166.14 SCOTT CHRISTENSON 06/03/201006/04/2010GREEN LIGHTS RECYCLING IN$394.30 SCOTT CHRISTENSON 05/28/201005/31/2010UNIFORMS UNLIMITED INC$138.00 KERRY CROTTY 06/03/201006/04/2010PAYPAL *DESERTSNOW$164.95 KERRY CROTTY 05/20/201005/24/2010THE HOME DEPOT 2810$225.39 CHARLES DEAVER 05/25/201005/27/2010THE HOME DEPOT 2810($9.21)CHARLES DEAVER 05/25/201005/27/2010THE HOME DEPOT 2810$11.06 CHARLES DEAVER 05/28/201005/31/2010MENARDS 3022$14.44 CHARLES DEAVER 06/01/201006/02/2010FRATTALLONES WOODBURY AC$1.12 CHARLES DEAVER 05/24/201005/26/2010APPLEBEES 616100161612$44.44 MICHAEL DUGAS 05/27/201005/28/2010MENARDS 3059$53.52 DOUG EDGE 06/02/201006/04/2010THE HOME DEPOT 2801$71.55 DOUG EDGE 05/27/201005/31/2010THE HOME DEPOT 2801$99.03 DAVE EDSON 05/28/201005/31/2010HEJNY RENTAL INC$166.85 DAVE EDSON 05/28/201005/31/2010NORTHERN TOOL EQUIP-MN$285.94 DAVE EDSON 05/28/201005/31/2010MENARDS 3022$9.63 DAVE EDSON 05/21/201005/24/2010DEY APPLIANCE A$163.85 LARRY FARR 05/27/201005/28/2010BACHMAN'S INC #0004$104.33 SHANN FINWALL 05/19/201005/24/2010DYNAMEX$22.30 KAREN FORMANEK 05/21/201005/24/2010IMAGING PATH$1,077.94 MYCHAL FOWLDS 05/22/201005/24/2010COMCAST CABLE COMM$54.00 MYCHAL FOWLDS 05/24/201005/25/2010AT&T *8310000707190$1,039.30 MYCHAL FOWLDS Packet Page Number 39 of 163 05/24/201005/25/2010QWESTCOMM*TN651$66.45 MYCHAL FOWLDS 05/24/201005/26/2010CUSTOMER SUPT CENTER$898.82 MYCHAL FOWLDS 05/24/201005/25/2010CDW GOVERNMENT$1,844.84 NICK FRANZEN 05/26/201005/27/2010IDU*PUBLIC SECTOR$57.48 NICK FRANZEN 05/28/201005/31/2010CDW GOVERNMENT$138.40 NICK FRANZEN 06/02/201006/04/2010OFFICE MAX$52.66 NICK FRANZEN 05/24/201005/26/2010THE HOME DEPOT 2801$201.90 VIRGINIA GAYNOR 05/22/201005/24/2010OFFICE DEPOT #1090$13.62 JEAN GLASS 05/25/201005/26/2010RADIOSHACK COR00161455$16.06 JEAN GLASS 05/24/201005/25/2010NAPA AUTO PARTS 3279016$10.89 MARK HAAG 05/24/201005/26/2010THE HOME DEPOT 2801$36.80 MARK HAAG 05/26/201006/02/2010NORTHWEST LASERS INC$129.15 MARK HAAG 06/02/201006/04/2010THE HOME DEPOT 2801$17.04 MARK HAAG 05/21/201005/24/2010MENARDS 3059$7.48 MILES HAMRE 05/27/201005/31/2010THE HOME DEPOT 2801$8.55 MILES HAMRE 05/29/201005/31/2010COMCAST CABLE COMM$180.20 LORI HANSON 05/23/201005/25/2010LINDERS GREENHOUSE$21.48 ANN E HUTCHINSON 05/24/201005/25/2010WALGREENS #01751$39.95 ANN E HUTCHINSON 05/24/201005/26/2010THE HOME DEPOT 2801$93.22 ANN E HUTCHINSON 05/25/201005/26/2010ON SITE SANITATION$121.84 ANN E HUTCHINSON 05/25/201005/26/2010KNOWLAN'S MARKET #2$8.49 ANN E HUTCHINSON 05/29/201005/31/2010DALCO ENTERPRISES, INC$953.17 DAVID JAHN 05/29/201005/31/2010DOLRTREE 3150 00031500$16.07 KEVIN JOHNSON 05/29/201005/31/2010DOLRTREE 3150 00031500$7.50 KEVIN JOHNSON 05/24/201005/25/2010MENARDS 3059$7.37 DON JONES 05/20/201005/24/2010COMFORT INNS$112.82 BERNARD R JUNGMANN 05/27/201005/31/2010ANCOM COMMUNICATIONS INC$236.19 BERNARD R JUNGMANN 06/02/201006/03/2010TSI INC$786.65 BERNARD R JUNGMANN 06/02/201006/03/2010BOUND TREE MEDICAL LLC$1,126.54 BERNARD R JUNGMANN 06/03/201006/04/2010BOUND TREE MEDICAL LLC$269.62 BERNARD R JUNGMANN 05/24/201005/25/2010CUB FOODS, INC.$64.42 LISA KROLL 05/24/201005/26/2010LEEANN CHIN #017 MAPLERID$172.16 LISA KROLL 06/02/201006/03/2010LILLIE SUBURBAN NEWSPAPE$634.51 LISA KROLL 05/26/201005/28/2010UNIFORMS UNLIMITED INC$84.95 DAVID KVAM 05/26/201005/28/2010UNIFORMS UNLIMITED INC$1,321.27 DAVID KVAM 05/27/201005/31/2010UNIFORMS UNLIMITED INC$41.00 DAVID KVAM 06/02/201006/04/2010BOARD OF AELSLAGID$271.00 STEVE LOVE 05/21/201005/24/2010ATTM*878423931 NBI$117.89 STEVE LUKIN 05/24/201005/25/2010ROAD RESCUE EMERGENCY VE$32.40 STEVE LUKIN 05/24/201005/26/2010AIRGAS NORTH CENTRAL$8.00 STEVE LUKIN 05/25/201005/27/2010METRO SALES INC$361.07 STEVE LUKIN 05/25/201005/27/2010AIRGAS NORTH CENTRAL$530.58 STEVE LUKIN 05/25/201005/27/2010AIRGAS NORTH CENTRAL$237.78 STEVE LUKIN 05/26/201005/27/2010OVERHEAD DOOR COMP$800.35 STEVE LUKIN 05/28/201005/31/2010ASPEN MILLS INC.$62.67 STEVE LUKIN 05/28/201005/31/2010AIRGAS NORTH CENTRAL$7.75 STEVE LUKIN 05/28/201005/31/2010EMERGENCY APPARATUS MAINT$1,341.16 STEVE LUKIN 05/25/201005/26/2010ROSEMOUNT BP$27.70 CITY OF MAPLEWOOD 05/25/201005/26/2010ROSEMOUNT BP$18.00 CITY OF MAPLEWOOD 06/01/201006/02/2010ROSEMOUNT BP$20.41 CITY OF MAPLEWOOD 05/20/201005/24/2010AWS TOYOTA LIFT OF MN$53.64 MARK MARUSKA 05/21/201005/24/2010THE HOME DEPOT 2801$181.97 MARK MARUSKA 05/24/201005/25/2010HENRIKSEN ACE HARDWARE$44.17 MARK MARUSKA 05/24/201005/25/2010MINNESOTA WANNER CO.$445.37 MARK MARUSKA 05/26/201005/27/2010HIRSHFIELDS ST PAUL CSC$2,366.99 MARK MARUSKA 05/26/201005/28/2010THE HOME DEPOT 2801$32.04 MARK MARUSKA 05/26/201005/28/2010NEEDELS SUPPLY INC.$335.06 MARK MARUSKA 06/01/201006/02/2010JDL LESCO 530$354.91 MARK MARUSKA 06/02/201006/03/2010HENRIKSEN ACE HARDWARE$42.83 MARK MARUSKA 06/02/201006/03/2010LTG POWER EQUIPMENT$216.10 MARK MARUSKA 06/03/201006/04/2010MENARDS 3059$153.10 MARK MARUSKA 05/25/201005/26/2010SHORTSTOP GAS - AMSTAR$12.96 BRYAN NAGEL 05/27/201005/28/2010CINTAS FIRST AID #431($65.13)BRYAN NAGEL 05/27/201005/28/2010CINTAS FIRST AID #431($70.73)BRYAN NAGEL Packet Page Number 40 of 163 05/27/201005/28/2010CINTAS FIRST AID #431($41.20)BRYAN NAGEL 05/27/201005/28/2010CINTAS FIRST AID #431($70.39)BRYAN NAGEL 05/27/201005/28/2010CINTAS FIRST AID #431$70.73 BRYAN NAGEL 05/27/201005/28/2010CINTAS FIRST AID #431$65.13 BRYAN NAGEL 06/01/201006/03/2010OFFICE DEPOT #1090$89.61 AMY NIVEN 05/27/201005/31/2010OAKDALE RENTAL CENTER$207.47 ERICK OSWALD 05/20/201005/24/2010OFFICE DEPOT #1090$14.45 MARY KAY PALANK 05/25/201005/26/2010KNOWLAN'S MARKET #2$21.41 ROBERT PETERSON 06/01/201006/03/2010PAYPAL *1CLICKDVD$59.00 PHILIP F POWELL 06/01/201006/02/2010GE CAPITAL$333.16 WILLIAM J PRIEFER 05/21/201005/24/2010NORTHERN TOOL EQUIP-MN$101.74 STEVEN PRIEM 05/24/201005/26/2010TURF WERKS SIOUX FALLS$107.05 STEVEN PRIEM 05/24/201005/26/2010KATH AUTO PARTS NSP$163.88 STEVEN PRIEM 05/25/201005/27/2010KATH AUTO PARTS NSP($49.01)STEVEN PRIEM 05/25/201005/27/2010KATH AUTO PARTS NSP$185.34 STEVEN PRIEM 05/25/201005/27/2010KATH AUTO PARTS NSP$23.57 STEVEN PRIEM 05/26/201005/27/2010BAUER BUILT TIRE -$109.26 STEVEN PRIEM 05/26/201005/27/2010POLAR CHEVROLET MAZDA PAR$901.25 STEVEN PRIEM 05/26/201005/28/2010KATH AUTO PARTS NSP($65.99)STEVEN PRIEM 05/26/201005/28/2010KATH AUTO PARTS NSP$42.93 STEVEN PRIEM 05/26/201005/28/2010A + LAKE LAND AUTO$37.49 STEVEN PRIEM 05/26/201005/28/2010GOODYEAR AUTO SRV CT 6920$47.00 STEVEN PRIEM 05/27/201005/28/2010FACTORY MTR PTS #1$244.63 STEVEN PRIEM 05/27/201005/28/2010POLAR CHEVROLET MAZDA PAR$6.43 STEVEN PRIEM 05/27/201005/31/2010TRUCK UTILITIES$45.71 STEVEN PRIEM 05/28/201005/31/2010KATH AUTO PARTS NSP$10.61 STEVEN PRIEM 05/28/201005/31/2010HENRIKSEN ACE HARDWARE$7.91 STEVEN PRIEM 06/01/201006/02/2010FACTORY MTR PTS #1($31.50)STEVEN PRIEM 06/01/201006/03/2010KATH AUTO PARTS NSP$68.81 STEVEN PRIEM 06/01/201006/03/2010KATH AUTO PARTS NSP$49.01 STEVEN PRIEM 06/01/201006/03/2010KATH AUTO PARTS NSP$149.44 STEVEN PRIEM 06/02/201006/03/2010POLAR CHEVROLET MAZDA PAR$3.15 STEVEN PRIEM 06/02/201006/04/2010KATH AUTO PARTS NSP$94.69 STEVEN PRIEM 06/02/201006/04/2010KATH AUTO PARTS NSP$54.15 STEVEN PRIEM 06/02/201006/04/2010KATH AUTO PARTS NSP$14.94 STEVEN PRIEM 06/03/201006/04/2010ASPEN EQUIPMENT-BLOOMIN$1,877.79 STEVEN PRIEM 06/03/201006/04/2010BAUER BUILT TIRE -$74.82 STEVEN PRIEM 06/03/201006/04/2010HENRIKSEN ACE HARDWARE$4.68 STEVEN PRIEM 06/03/201006/04/2010BRAKE AND EQUIPMENT WAREH$18.71 STEVEN PRIEM 05/25/201005/26/2010MN OCCUPATIONAL HEALTH$537.50 TERRIE RAMEAUX 05/28/201005/31/2010NOVACARE REHB/HEALT$700.00 TERRIE RAMEAUX 05/26/201005/27/2010DALCO ENTERPRISES, INC$60.42 MICHAEL REILLY 05/27/201005/28/2010HILLYARD INC MINNEAPOLIS$813.26 MICHAEL REILLY 06/02/201006/04/2010HEJNY RENTAL INC$75.31 ROBERT RUNNING 06/02/201006/04/2010THE HOME DEPOT 2801$32.12 ROBERT RUNNING 05/28/201005/31/2010HENRIKSEN ACE HARDWARE$18.34 JAMES SCHINDELDECKER 05/28/201005/31/2010T-MOBILE.COM*PAYMENT$32.70 DEB SCHMIDT 06/02/201006/04/2010OFFICE DEPOT #1090$85.61 DEB SCHMIDT 05/25/201005/27/2010METROCALL/ARCH WIRE$16.07 SCOTT SCHULTZ 06/03/201006/04/2010DIGITALRCNS$109.00 MICHAEL SHORTREED 05/26/201005/28/2010IMAGING PATH$139.25 ANDREA SINDT 05/26/201005/27/2010BYERLY'S ST PAUL$15.00 JAMES TAYLOR 05/28/201005/31/2010STRAUSS SKATE AND BICY$2,096.50 JAMES TAYLOR 06/02/201006/04/2010STRAUSS SKATE AND BICY$480.00 JAMES TAYLOR 05/25/201005/27/2010LTG POWER EQUIPMENT$44.88 TODD TEVLIN 05/27/201005/28/2010INTL ASSN OF CHIEF OF POL$275.00 DAVID J THOMALLA 05/21/201005/24/2010SS *CONSUMERLINK$21.95 FAITH THOMFORDE 05/28/201005/31/2010BOARD OF AELSLAGID$135.50 MICHAEL THOMPSON 05/25/201005/27/2010OFFICE DEPOT #1090$81.35 SUSAN ZWIEG 05/27/201005/28/2010DALCO ENTERPRISES, INC$478.64 SUSAN ZWIEG 05/27/201005/28/2010WORKPLACEPRO$106.35 SUSAN ZWIEG TOTAL$41,609.43 Packet Page Number 41 of 163 Item # G2 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: June 11, 2010 SUBJECT: Ramsey County Fair - Miscellaneous Permits Introduction Joe Fox, Ramsey County Fair Manager, has applied for Carnival, Noise Control Waiverand Fireworks permits for the Ramsey County Fair that will be held from July 14 through July 18, 2010.Below are the hours of operation: July 14and July 15 - 05:00 p.m. to 11:00 p.m. July 16and July 17 - 12:00 noon to 11:30p.m. July 18 - 12:00 noon to 9:30p.m. Music (live bands) will end by 11:30 p.m. Fireworks will be held on Friday, July 16 based on the approval of Fire Marshal Gervais and the State Department of Conservation. City code states that a permit for an itinerant carnival can only be given after Council approval. Ramsey County Fair Board has requested that the City waive the fees for the aforementioned permits, as has been prior council practice. Recommendation It is recommended that the City Council approve the above permits and the request to have the feeswaived forthe aforementioned permits, as has been prior council practice. Packet Page Number 42 of 163 AGENDA NO. G-3 AGENDA REPORT To: City Manager From: Finance Director Date: June 28, 2010 Re: Approval ofResolution Authorizing Purchase of Insurance Agent Services BACKGROUND/SUMMARY Council authorization is requested to purchase insurance agent and broker of record services from Arthur J. Gallagher and Company at a cost of $12,000.00 for the period from 7/1/10 through 6/30/11. The current cost is $12,000.00. This company serves as the broker of record for the city’s property and liability insurance coverage that is with the League of Minnesota Cities Insurance Trust. This is a recurring contract. Arthur J. Gallagher was selected through a request for proposals (RFP) process in 2004. RECOMMENDATION Staff recommends adoption of the attached resolution to retain Arthur J. Gallagher and Company as our insurance agent at a cost of $12,000.00 Packet Page Number 43 of 163 June 22, 2010 Councilmember _______________________ introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED THAT Arthur J. Gallagher and Company be re-appointed as the broker of record and insurance agent at a cost of $12,000 for the insurance year starting July 1, 2010 and continuing through June 30, 2011 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember _____________________ and upon vote being taken thereon, the following voted in favor and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City’s tax increment financing districts within its municipal development district. ______________________________ City Clerk Packet Page Number 44 of 163 AGENDA NO. G-4 AGENDA REPORT To: Jim Antonen, City Manager From: Gayle Bauman, Finance Manager Date: June 28, 2010 Re: Resolution Establishing Depository Services Account for Trans Medic Ambulance Billing Activity. BACKGROUND It appears that a new bank account to handle the Trans Medic deposits was approved by the council at the January 25, 2010 meeting, but we cannot find where the paperwork was remitted to US Bank to establish the account. We still feel that a separate bank account will make reconciliation of the ambulance activity easier to accomplish and require a new resolution to reflect staff changes. RECOMMENDATION Staff recommends adoption of the resolution establishing a new bank account for Trans Medic Ambulance Billing activity. Packet Page Number 45 of 163 DEPOSITORYSERVICESRESOLUTIONFORGOVERNMENTALENTITIES DEPOSITORNAME:CityofMaplewood CONTACT: ADDRESS:1830CountyRoadBEast Maplewood,MN55109 TAXIDENTIFICATIONNUMBER:416008920 I,______KarenGuilfoile___________________________(nameofcertifyingofficer)doherebycertify thatIamthe_______CityClerk______________(titleofcertifyingofficer)oftheabovenamed governmentalentity(thereincalledthe͞ĞƉŽƐŝƚŽƌ͟Ϳa______City___________existingunderthelawsof theStateof____Minnesota_______________andthatthefollowingisatrue,completeandcorrect copyofresolutionsadoptedatameetingoftheDepositordulyandproperlycalledandheldonthe __28th__dayof__June__________,2010_;thataquorumwaspresentatsaidmeeting;andthatsaid resolutionsarenowinfullforceandeffect. RESOLVED,thatU.S.BankNationalAssociationisherebydesignatedasadepositoryofthe DepositorwithauthoritytoacceptorreceiveatanytimeforthecreditoftheDepositordepositsby whomsoevermadeoffundsandotherpropertyinwhateverformormannertransferredtoendorse;and thatanyofficeroftheDepositorisherebyauthorizedtoopenorcausetobeopenedoneormore accountswiththeBankonsuchterms,conditionsandagreementsastheBankmaynoworhereafter requireandtomakeanyotheragreementsdeemedadvisableinregardtoanyoftheforegoing. Depositoracknowledgesandagreesthattheservicescontemplatedbythisresolutionshallbegoverned bytheU.S.BankCustomerAgreementforcommercialdepositaccounts,asamendedfromtimetotime. RESOLVED,thatchecks,draftsorotherordersforthepayment,transferorwithdrawalofanyof thefundsorotherpropertyoftheDepositorondepositwiththeBankshallbebindingontheDepositor whensigned,manuallyorbyuseoffacsimileormechanicalsignatureorotherwiseauthorized,byany oneoftheindividuallistedinthesectionentitled͞ƵƚŚŽƌŝǌĞĚ^ŝŐŶĞƌƐ͕͟andtheBankishereby authorizedtopayandchargetotheaccountoftheDepositoranysuchchecks,draftsorotherordersso signedorotherwiseauthorized,includingthosepayabletotheindividualorderofthesamepersonfor application,orwhichareactuallyappliedtothepaymentofanysuchindebtednessawingtheBankfrom thepersonorpersonswhosignedsuchchecks,draftsorotherwithdrawalordersorotherwiseauthorized suchwithdrawals.Inparticular,andnotinlimitationofforegoing,suchpersonsmayauthorizepayment, transferorwithdrawalbyoralortelephonicdirectionstotheBankcomplyingwithsuchrulesand regulationsrelatingtosuchauthorizationastheBankmaycommunicatetothedepositorfromtimeto time. RESOLVED,thatthe_____CityClerk________________(identifycertifyingofficerbytitle) herebycertifiestotheBankthenamesandsignatures(eitheractualoranyformorformsoffacsimileor mechanicalsignaturesadoptedbythepersonauthorizedtosign)oftheAuthorizedSignerslistedbelow andshallfromtimetotimehereafter,uponachangeinthefactssocertified,immediatelycertifytothe Bankthenamesandsignatures(actualorfacsimile)ofthepersonsthenauthorizedtosignortoact.The Bankshallbefullyprotectedinrelyingonsuchcertificatesandontheobligationofthecertifyingofficer (setforthabove)toimmediatelycertifytotheBankanychangeinanyfactssocertified,andtheBank shallbeindemnifiedandsavedharmlessbytheDepositorfromanyclaims,demands,expenses,lossor Packet Page Number 46 of 163 damageresultingfromorgrowingoutofhonoringorrelyingonthesignatureofotherauthority(whether ornotproperlyusedand,inthecaseofanyfacsimilesignature,regardlessofwhenorbywhomorby whatmeanssuchsignaturemayhavebeenmadeoraffixed)ofanyofficerorpersonwhosenameand signaturewassocertified,orrefusingtohonoranysignatureorauthoritynotsocertified. RESOLVED,Thattheseresolutionsshallcontinueinforceuntilexpresswrittennoticeoftheir rescissionormodificationhasbeenfurnishedtoandreceivedbytheBank;and RESOLVED,ThatanyandalltransactionsbyoronbehalfoftheDepositorwiththeBank[priorto theadoptionofthisresolutionbe,andthesameherebyare,inallrespectsratified,approvedand confirmed. IfurthercertifythattheofficersoftheDepositorsigningtheresolution,have,andatthetimeof adoptionofsaidresolutionshad,fullpowerandlawfulauthoritytoadopttheforegoingresolutionsand toconferthepowersthereingrantedtothepersonsnamed,andthatsuchpersonshavefullpowerand authoritytoexercisethesame. Ifurthercertifythatthenames,titles(ifany)andsignatures(actualorfacsimile)ofthepersons authorizedtosignoractonbehalfoftheDepositorbyitsgoverningboardidentifiedaboveareasset forthbelowinthesectionofthisResolutionentitled͞ƵƚŚŽƌŝǌĞĚ^ŝŐŶĞƌƐ͘͟ Ifurthercertify,underpenaltiesofperjury,thatthetaxidentificationnumbershownaboveis correctandthattheDepositorisnotsubjecttobackupwithholdingbecause(a)itisexempt,(b)hasnot beennotifiedbytheInternalRevenueService(IRS)thatitissubjecttobackupwithholdingasaresultofa dtheDepositorthatitisnolonger failuretoreportallinterestordividendsor(c)theIRShasnotifie subjecttobackupwithholding. AccountNumber:______________________________ AuthorizedSigners NameTitleSignatures WillRossbachMayor JamesW.AntonenCityManager GayleBaumanFinanceManager __________________________________________ __________________________________________ INWITNESSWHEREOF,IhavehereuntosubscribedmynameandaffixedthesealoftheDepositorthis ___28th_____dayof______June_________,2010_______ ______________________________________________________________________________ (CertifyingOfficer)(Title) ______________________________________________________________________________ (Attestbyoneotherofficer)(Title) Packet Page Number 47 of 163 Agenda Item G-5 Memorandum To: James W. Antonen, City Manager From: Gayle Bauman, Finance Manager Date: June 22, 2010 Re: Resolution Providing for the Issuance and Sale of $4,050,000 G.O. Refunding Bonds, Series 2010B and Pledging Tax Increments, Net Revenues and Special Assessments for the Payment Thereof BACKGROUND At the Regular City Council meeting held on March 8, 2010, preliminary approval was given for the issuance of $4,125,000 of General Obligation Refunding Bonds, Series 2010B. The bonds were proposed for the purpose of providing funds sufficient for a crossover refunding on February 1, 2011, of the Issuer's (i) General Obligation Tax Increment Refunding Bonds, Series 2002C dated December 1, 2002, which mature on and after February 1, 2012; (ii) General Obligation Improvement Bonds, Series 2003A, dated August 1, 2003, which mature on and after February 1, 2012; and (iii) General Obligation Sewer Revenue Bonds, Series 2003B, dated August 1, 2003, which mature on and after February 1, 2012. At the Regular City Council meeting held on April 12, 2010, a resolution was approved authorizing the City Manager to execute a Bond Purchase Agreement (within 180 days) which will approve the sale of the Bonds, provided that the present value of the refunded debt service is at least 3.5%.A negotiated offer was agreed upon earlier this month and this savings was achieved. The final step in this process is for council to adopt the attached resolution to set the terms and levy. RECOMMENDATION Staff recommends approval of the attached resolution. Packet Page Number 48 of 163 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MAPLEWOOD, MINNESOTA HELD: June 28, 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 called and held at the City Hall on June 28, 2010, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and sale of $4,050,000 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 ISSUANCE AND SALE OF $4,050,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B AND PLEDGING TAX INCREMENTS, NET REVENUES AND SPECIAL ASSESSMENTS FOR THE PAYMENT THEREOF A.WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") has heretofore created Development District No. 1 ("Development District No. 1") pursuant to the provisions of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a development program (the "Program") with respect to Development District No. 1; has also approved tax increment financing plans (the "Plans"), and designated Housing Districts No. 1-1, 1-2 and 1-3 housing districts (collectively, the "Tax Increment District") under the provisions of Minnesota Statutes, Section 469.174 through 469.179; and B.WHEREAS, tax increments derived from the Tax Increment District are referred to herein as the "Tax Increments"; and C.WHEREAS, the City hereby determines and declares that it is necessary and expedient to provide moneys for a crossover refunding of the City's $5,185,000 original principal amount of General Obligation Tax Increment Refunding Bonds, Series 2002C, dated December 1, 2002 (the "Prior Tax Increment Bonds"), which mature on and after February 1, 2012; and D.WHEREAS, $1,370,000 aggregate principal amount of the Prior Tax Increment Bonds which matures on and after February 1, 2012 (the "Refunded Tax Increment Bonds"), is callable on February 1, 2011 (the "Call Date"), at a price of par plus accrued interest, as provided in the resolution adopted on November 7, 2002, authorizing the issuance of the Prior Tax Increment Bonds (the "Prior Tax Increment Resolution"); and E.WHEREAS, the City owns and operates a municipal sanitary sewer system (the "System") as a separate revenue producing public utility, and there are outstanding $1,490,000 original principal amount of General Obligation Sewer Revenue Bonds, Series 2003B, dated August 1, 2003 (the "Prior Sewer Bonds"), which mature on and after February 1, 2012; and 2488634v1 Packet Page Number 49 of 163 F.WHEREAS, the City hereby determines and declares that it is necessary and expedient to provide moneys for a crossover refunding of the $750,000 aggregate principal amount of the Prior Sewer Bonds which matures on and after February 1, 2012 (the "Refunded Sewer Bonds"), is callable on February 1, 2011 (the "Call Date"), at a price of par plus accrued interest, as provided in the resolution adopted on July 10, 2003, authorizing the issuance of the Prior Sewer Bonds (the "Prior Sewer Resolution"); and G.WHEREAS, the City hereby determines and declares that it is necessary and expedient to provide money for a crossover refunding of the City's $3,650,000 original principal amount of General Obligation Improvement Bonds, Series 2003A, dated August 1, 2003 (the "Prior Improvement Bonds") which mature on and after February 1, 2012; and H.WHEREAS, $1,880,000 aggregate principal amount of the Prior Improvement Bonds which matures on and after February 1, 2012 (the "Refunded Improvement Bonds"), is callable on February 1, 2011 (the "Call Date") at a price of par plus accrued interest, as provided in the resolution adopted on July 10, 2003, authorizing the issuance of the Prior Improvement Bonds (the "Prior Improvement Resolution"); and I.WHEREAS, the Prior Tax Increment Bonds, Prior Sewer Bonds and Prior Improvement Bonds may hereinafter be referred to as the "Prior Bonds"; and J.WHEREAS, the Refunded Tax Increment Bonds, Refunded Sewer Bonds and Refunded Improvement Bonds may hereinafter be referred to as the "Refunded Bonds"; and K.WHEREAS, the refunding of the Refunded Bonds is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and L.WHEREAS, in accordance with the Resolution Approving the Issuance of General Obligation Refunding Bonds, Series 2010B, adopted by the City Council on April 12, 2010, the City Council hereby determines and declares that it is necessary and expedient to issue $4,050,000 General Obligation Refunding Bonds, Series 2010B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a crossover refunding of the Refunded Bonds; and M.WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1.Acceptance of Proposal. The proposal of Cronin & Company, Incorporated (the “Purchaser”) to purchase the bonds, in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefore the sum of $4,102,035.85, plus interest accrued to settlement, is hereby ratified, confirmed and accepted and the Bonds are hereby awarded to the Purchaser. 2 2488634v1 Packet Page Number 50 of 163 2.Bond Terms. (a)Original Issue Date; Denominations; Maturities. The Bonds shall be dated as of the date of delivery, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount 2012 $670,000 2013 660,000 2014 690,000 2015 710,000 2016 330,000 2017 330,000 2018 335,000 2019 325,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b)Allocation. The aggregate principal amount of $1,390,000 maturing in each of the years and amounts hereinafter set forth are issued to refund the Prior Tax Increment Bonds (the "Tax Increment Refunding Portion"); and the aggregate principal amount of $760,000 maturing in each of the years and amounts hereinafter set forth are issued to refund the Prior Sewer Bonds (the "System Refunding Portion"); and the aggregate principal amount of $1,900,000 maturing in each of the years and amounts hereinafter set forth are issued to refund the Prior Improvement Bonds (the "Improvement Refunding Portion"): Tax Increment System Refunding Improvement YearRefunding Portion Portion Refunding Portion Total Amount (Amount) (Amount) (Amount) 2012 $315,000 $265,000 $670,000 $90,000 2013 335,000 90,000 235,000 660,000 2014 360,000 95,000 235,000 690,000 2015 380,000 95,000 235,000 710,000 2016 95,000 235,000 330,000 2017 100,000 230,000 330,000 2018 100,000 235,000 335,000 2019 95,000 230,000 325,000 3 2488634v1 Packet Page Number 51 of 163 If the Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to any of the portions of debt service in such amounts as the City shall determine. If the source of the prepayment is special assessments pledged to the Prior Improvement Bonds, the prepayment shall be allocated to the Improvement Refunding Portion of debt service. If the source of prepayment is special assessments pledged to the Prior Sewer Bonds, the prepayment shall be allocated to the System Refunding Portion. If the source of prepayment is excess net revenues of the System pledged to the Prior Sewer Bonds, the prepayment shall be allocated to the System Refunding Portion of debt service. If the source of prepayment is Tax Increments pledged to the Prior Tax Increment Bonds, the prepayment shall be allocated to the Tax Increment Refunding Portion of debt service. (c)Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i)The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii)Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii)With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting 4 2488634v1 Packet Page Number 52 of 163 rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv)The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v)Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi)So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii)All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii)In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix)Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any 5 2488634v1 Packet Page Number 53 of 163 actions necessary from time to time to comply with the requirements of the Letter of Representations. (x)In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d)Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i)The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii)Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii)Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (e)Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3.Purpose; Refunding Findings. The Bonds shall provide funds for a crossover refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of the crossover date of the Bonds, shall result in a reduction of the present value of the dollar amount of the debt service to the City from a total dollar amount of $5,747,053.76 for the Prior Bonds to a total dollar amount of $5,588,831.26 for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12 and that the savings test 6 2488634v1 Packet Page Number 54 of 163 required by Minnesota Statutes, Section 475.67, subdivision 12 is met for each series of Refunded Bonds refunded by the Bonds. 4.Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2011, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate 2012 2.00% 2013 2.00 2014 2.00 2015 2.00 2016 2.50 2017 3.00 2018 3.25 2019 3.25 5.No Optional Redemption. The Bonds are not subject to optional redemption and prepayment. 6.Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7.Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 7 2488634v1 Packet Page Number 55 of 163 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_________ $_________ GENERAL OBLIGATION REFUNDING BOND, SERIES 2010B Interest Rate Maturity Date Date of Original Issue CUSIP February 1,July 8, 2010 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2011, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota(the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. 8 2488634v1 Packet Page Number 56 of 163 Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $4,050,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on June 28, 2010 (the "Resolution"), for the purpose of providing funds sufficient for a crossover refunding on February 1, 2011, of the Issuer's (i) General Obligation Tax Increment Refunding Bonds, Series 2002C dated December 1, 2002, which mature on and after February 1, 2012; (ii) General Obligation Improvement Bonds, Series 2003A, dated August 1, 2003, which mature on and after February 1, 2012; and (iii) General Obligation Sewer Revenue Bonds, Series 2003B, dated August 1, 2003, which mature on and after February 1, 2012. This Bond is payable out of the Escrow Account and the Debt Service Account established by the City pursuant to the Resolution. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. 9 2488634v1 Packet Page Number 57 of 163 Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION ________________________ Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF CITY OF MAPLEWOOD, AUTHENTICATION RAMSEY COUNTY, MINNESOTA This Bond is one of the Bonds described in the Resolution mentioned within. /s/ Facsimile Mayor U.S. Bank National Association St. Paul, Minnesota Bond Registrar /s/ Facsimile Clerk By____________________ Authorized Signature 10 2488634v1 Packet Page Number 58 of 163 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - _____________ as custodian for _____________ (Cust) (Minor) under the _____________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ___________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________ the within Bond and does hereby irrevocably constitute and appoint ________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:__________ _____________________________________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ 11 2488634v1 Packet Page Number 59 of 163 8.Execution; Temporary Bonds. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9.Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of the date of delivery. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10.Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 12 2488634v1 Packet Page Number 60 of 163 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11.Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12.Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13.Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14.Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15.Fund and Accounts. There is hereby created a special fund designated the General Obligation Refunding Bonds, Series 2010B Fund (the "Fund"), to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Operation and Maintenance 13 2488634v1 Packet Page Number 61 of 163 Account heretofore established by the City for the System shall continue to be maintained in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Account shall constitute or are referred to as "net revenues". There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all income and disbursements of the System as hereinafter set forth. The Administrator and all officials and employees of the City concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. The fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a)Escrow Account. The Escrow Account shall be maintained as an escrow account with U.S. Bank National Association (the "Escrow Agent"), in St. Paul, Minnesota, which is a suitable financial institution within or without the State. All proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds less proceeds used to pay costs of issuance and any proceeds returned to the City, are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Bonds to and including the Call Date; and (ii) to pay when called for redemption on the Call Date, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Bonds to and including the Call Date, and (ii) the principal of the Refunded Bonds due by reason of their call for redemption on the Call Date. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement") by and between the City and Escrow Agent, a form of which agreement is on file in the office of the Clerk. Any moneys remitted to the City pursuant to the Escrow Agreement shall be deposited in the Debt Service Account. (b)Debt Service Account. There shall be maintained the following separate subaccounts in the Debt Service Account to be designated the "Sewer System Debt Service Subaccount, the "Improvement Debt Service Subaccount" and the "Tax Increment Debt Service Subaccount". There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i)Sewer System Debt Service Subaccount. To the Sewer System Debt Service Subaccount there is hereby pledged and irrevocably appropriated and there shall be credited: (1) the net revenues of the Sewer System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the System Refunding Portion of the Bonds; (2) after the Call Date, all uncollected special assessments pledged to the payment of the Prior Sewer Bonds; (3) any collections of all taxes which may hereafter be levied in the event the net revenues of the Sewer System, the special assessments and other funds 14 2488634v1 Packet Page Number 62 of 163 herein pledged to the payment of the principal and interest on the System Refunding Portion of the Bonds are insufficient therefor; (4) any balance remaining after the Call Date in the Debt Service Account of the General Obligation Sewer Revenue Bonds, Series 2003B Debt Service Account heretofore created by the Prior Sewer Resolution for the Prior Sewer Bonds; (5) all investment earnings on funds in the Sewer System Debt Service Subaccount; and (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Sewer System Debt Service Subaccount. The amount of any surplus remaining in the Sewer System Debt Service Subaccount when the System Refunding Portion of the Bonds are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. (ii)Tax Increment Debt Service Subaccount. To the Tax Increment Debt Service Subaccount there is hereby pledged and irrevocably appropriated and there shall be credited: (1) Tax Increments in an amount which together with other revenues herein pledged to the payment thereof, are sufficient to pay the principal of and interest to become due on the Tax Increment Refunding Portion of the Bonds; (2) a proportionate share of any accrued interest received upon delivery of the Bonds; (3) any collections of all taxes herein or hereafter levied in the event the Tax Increments and other funds herein pledged to the payment of the principal and interest on the Tax Increment Refunding Portion of the Bonds are insufficient therefor; (4) any balance remaining after the Call Date in the Debt Service Account of the General Obligation Tax Increment Bonds, Series 2002C Debt Service Account heretofore created by the Prior Tax Increment Resolution for the Prior Tax Increment Bonds; (5) all investment earnings on funds in the Tax Increment Debt Service Subaccount; and (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Tax Increment Debt Service Subaccount. The amount of any surplus remaining in the Tax Increment Debt Service Subaccount when the Tax Increment Refunding Portion of the Bonds are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. (iii)Improvement Debt Service Subaccount. To the Improvement Debt Service Subaccount there is hereby pledged and irrevocably appropriated and there shall be credited: (1) after the Call Date, all uncollected special assessments pledged to the payment of the Prior Improvement Bonds; (2) a proportionate share of any accrued interest received upon delivery of the Bonds; (3) any collections of all taxes heretofore or hereafter levied for the payment of the Prior Improvement Bonds and interest thereon which are not needed to pay the Prior Improvement Bonds as a result of the Refunding; (4) all investment earnings on funds in the Improvement Debt Service Subaccount; and (5) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvement Debt Service Subaccount. The amount of any surplus remaining in the Improvement Debt Service Subaccount when the Improvement Refunding Portion of the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Improvement Debt Service Subaccount shall be used solely to pay the principal of and interest on the Improvement Refunding Portion of the Bonds or any other bonds hereafter issued and made payable from the Fund. 15 2488634v1 Packet Page Number 63 of 163 No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (a) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (b) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16.Covenants Relating to the Tax Increment Refunding Portion of the Bonds. (a)Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on the Tax Increment Refunding Portion of the Bonds, there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amounts See attached schedule The tax levies are such that if collected in full they, together with estimated collections of any other revenues herein pledged for the payment of the Tax Increment Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Tax Increment Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Tax Increment Refunding Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Prior Tax Increment Bonds, the taxes levied in the Prior Tax Increment Resolution authorizing the issuance of the Prior Tax Increment Bonds for the years 20__ to 20__ shall be canceled. (b)Tax Increments. The City hereby pledges and appropriates the Tax Increments to the Tax Increment Debt Service Subaccount, which pledge and appropriation shall continue until the Tax Increment Refunding Portion of the Bonds and any additional bonds payable from the Tax Increment Debt Service Subaccount are paid or discharged. 16 2488634v1 Packet Page Number 64 of 163 (c)Reservation of Rights. Notwithstanding any provisions herein to the contrary, the City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments herein pledged to the payment of the Tax Increment Refunding Portion of the Bonds and interest thereon to the extent and in the manner permitted by law. (d)General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Tax Increment Refunding Portion of the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Escrow Account or Tax Increment Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Escrow Account or Tax Increment Debt Service Subaccount when a sufficient balance is available therein. 17.Covenants Relating to the System Refunding Portion of the Bonds. (a)Special Assessments. The City has heretofore levied special assessments pursuant to the Prior Sewer Resolution, which were pledged to the payment of the principal and interest on the Prior Sewer Bonds and, after the Call Date the uncollected special assessments for the Prior Sewer Bonds are now pledged to the payment of principal and interest on the System Refunding Portion of the Bonds. The special assessments are such that if collected in full they, together with estimated collections of taxes herein pledged for the payment of the System Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the System Refunding Portion of the Bonds. The special assessments were levied as provided below, payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rate shown opposite such years: Improvement Designations Amounts Interest Rate Collection Years See attached schedules 17 2488634v1 Packet Page Number 65 of 163 (b)Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and declared that the net revenues of the Sewer System are sufficient to pay, together with special assessments and other sums pledged to the payment of the Outstanding Sewer Bonds, one hundred five percent of the principal of and interest on the System Refunding Portion of the Bonds and the net revenues of the System are hereby pledged on a parity lien with the Outstanding Sewer Bonds to the payment of the System Refunding Portion of the Bonds, but solely to the extent required to meet, together with other pledged sums, the principal and interest requirements of the System Refunding Portion of the Bonds. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the System Refunding Portion of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (c)Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the System Refunding Portion of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the System Refunding Portion of the Bonds. (d)Excess Net Revenues. Net revenues in excess of those required for the foregoing may be used for any proper purpose. (e)General Obligation Pledge. For the prompt and full payment of the principal of and interest on the System Refunding Portion of the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Sewer System Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the System Refunding Portion of the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Sewer System Debt Service Subaccount when a sufficient balance is available therein. 18.Covenants Relating to the Prior Improvement Bonds Refunding Portion of the Bonds. (a)Special Assessments. The City has heretofore levied special assessments pursuant to the Prior Improvement Resolution, which were pledged to the payment of the principal and interest on the Prior Improvement Bonds and, after the Call Date the uncollected special assessments for the Prior Improvement Bonds are now pledged to the payment of principal and interest on the Improvement Refunding Portion of the Bonds. The special assessments are such that if collected in full they, together with estimated collections of taxes herein pledged for the payment of the Improvement Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Improvement Refunding Portion of the Bonds. The special assessments were levied as provided below, payable in equal, consecutive, annual installments, with general 18 2488634v1 Packet Page Number 66 of 163 taxes for the years shown below and with interest on the declining balance of all such assessments at the rate shown opposite such years: Improvement Designations Amounts Interest Rate Collection Years See attached schedules (b)Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on the Improvement Refunding Portion of the Bonds, there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amounts See attached schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments and any other revenues herein pledged for the payment of the Improvement Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Improvement Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Improvement Refunding Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Prior Improvement Bonds, the taxes levied in the Prior Improvement Resolution authorizing the issuance of the Prior Improvement Bonds for the years 20__ to 20__ shall be canceled. (c)General Obligation Pledge. For the prompt and full payment of the principal and interest on the Improvement Refunding Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Improvement Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Improvement Refunding Portion of the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Improvement Debt Service Subaccount when a sufficient balance is available therein. 19.Securities; Escrow Agent. Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 19 2488634v1 Packet Page Number 67 of 163 20.Escrow Agreement. On or prior to the delivery of the Bonds the Mayor and Clerk shall, and are hereby authorized and directed to, execute on behalf of the City an Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 21.Purchase of SLGS or Open Market Securities. The Purchaser, as agent for the City, is hereby authorized and directed to purchase on behalf of the Council and in its name the appropriate United States Treasury Securities, State and Local Government Series and/or open market securities as provided in paragraph 20, from the proceeds of the Bonds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 22.Redemption of Prior Bonds. The Prior Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Notices of Call for Redemption, in the forms attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notices of Call for Redemption shall be given pursuant to the Escrow Agreement. 23.Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 24.Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent necessary to give effect to the provisions of this resolution. 25.Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 26.Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other 20 2488634v1 Packet Page Number 68 of 163 information as the Auditor shall require, and to obtain the Auditor's Certificate that the Bonds have been entered in the Auditor's Bond Register. 27.Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 28.Negative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project financed by the Prior Bonds, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 29.Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 30.Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a)the Bonds are issued after August 7, 1986; (b)the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c)the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d)the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2010 will not exceed $30,000,000; (e)not more than $30,000,000 of obligations issued by the City during this calendar year 2010 have been designated for purposes of Section 265(b)(3) of the Code; and 21 2488634v1 Packet Page Number 69 of 163 (f)the aggregate face amount of the Bonds does not exceed $30,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 31.Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a)Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b)Provide or cause to be provided, in a timely manner to the MSRB notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c)Provide or cause to be provided, in a timely manner to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d)The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 32.Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 33.Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 22 2488634v1 Packet Page Number 70 of 163 The motion for the adoption of the foregoing resolution was duly seconded by member _______________ and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. 23 2488634v1 Packet Page Number 71 of 163 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting 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 providing for the issuance and sale of $4,050,000 General Obligation Refunding Bonds, Series 2010B. WITNESS my hand on June 28, 2010. ___________________________ Clerk 24 2488634v1 Packet Page Number 72 of 163 $4,050,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2010B Crossover Refunding of Series 2002C, 2003A and 2003B Post-Sale Tax Levies Pay YearPrincipalCouponInterestTotal P+I105% OverlevyLevy AmountLevy/Collect Years 02/01/2011--53,118.3453,118.34-- 02/01/2012670,000.002.000%94,200.00764,200.00802,410.00802,410.00 2010/2011* 02/01/2013660,000.002.000%80,800.00740,800.00777,840.00777,840.00 2011/2012 02/01/2014690,000.002.000%67,600.00757,600.00795,480.00795,480.00 2012/2013 02/01/2015710,000.002.000%53,800.00763,800.00801,990.00801,990.00 2013/2014 02/01/2016330,000.002.500%39,600.00369,600.00388,080.00388,080.00 2014/2015 02/01/2017330,000.003.000%31,350.00361,350.00379,417.50379,417.50 2015/2016 02/01/2018335,000.003.250%21,450.00356,450.00374,272.50374,272.50 2016/2017 02/01/2019325,000.003.250%10,562.50335,562.50352,340.63352,340.63 2017/2018 Total$4,050,000.00-$452,480.84$4,502,480.84$4,671,830.63$4,671,830.63- * A portion to be paid by a deposit to the Debt Service Fund of $4,328.43 of rounding. 2488634v1 Packet Page Number 73 of 163 $1,390,000 City of Maplewood, Minnesota General Obligation Tax Increment Refunding Bonds, Series 2010B Crossover Refunding of Series 2002C Post-Sale Tax Levies Pay YearPrincipalCouponInterestTotal P+I105% OverlevyLevy AmountLevy/Collect Years 02/01/2011--15,676.1115,676.11-- 02/01/2012315,000.002.000%27,800.00342,800.00359,940.00359,940.00 2010/2011* 02/01/2013335,000.002.000%21,500.00356,500.00374,325.00374,325.00 2011/2012 02/01/2014360,000.002.000%14,800.00374,800.00393,540.00393,540.00 2012/2013 02/01/2015380,000.002.000%7,600.00387,600.00406,980.00406,980.00 2013/2014 Total$1,390,000.00-$87,376.11$1,477,376.11$1,534,785.00$1,534,785.00- 2488634v1 Packet Page Number 74 of 163 $1,900,000 City of Maplewood, Minnesota General Obligation Improvment Refunding Bonds, Series 2010B Crossover Refunding of Series 2003A Post-Sale Tax Levies Pay YearPrincipalCouponInterestTotal P+I105% OverlevyLevy AmountLevy/Collect Years 02/01/2011--26,664.9026,664.90-- 02/01/2012265,000.002.000%47,287.50312,287.50327,901.88327,901.88 2010/2011* 02/01/2013235,000.002.000%41,987.50276,987.50290,836.88290,836.88 2011/2012 02/01/2014235,000.002.000%37,287.50272,287.50285,901.88285,901.88 2012/2013 02/01/2015235,000.002.000%32,587.50267,587.50280,966.88280,966.88 2013/2014 02/01/2016235,000.002.500%27,887.50262,887.50276,031.88276,031.88 2014/2015 02/01/2017230,000.003.000%22,012.50252,012.50264,613.13264,613.13 2015/2016 02/01/2018235,000.003.250%15,112.50250,112.50262,618.13262,618.13 2016/2017 02/01/2019230,000.003.250%7,475.00237,475.00249,348.75249,348.75 2017/2018 Total$1,900,000.00-$258,302.40$2,158,302.40$2,238,219.38$2,238,219.38- 2488634v1 Packet Page Number 75 of 163 $760,000 City of Maplewood, Minnesota General Obligation Sewer Revenue Refunding Bonds, Series 2010B Crossover Refunding of Series 2003B Post-Sale Tax Levies Pay YearPrincipalCouponInterestTotal P+I105% Levy AmountLevy/Collect OverlevyYears 02/01/2011--10,777.3310,777.33-- 02/01/201290,000.002.000%19,112.50109,112.50114,568.13114,568.13 2010/2011* 02/01/201390,000.002.000%17,312.50107,312.50112,678.13112,678.13 2011/2012 02/01/201495,000.002.000%15,512.50110,512.50116,038.13116,038.13 2012/2013 02/01/201595,000.002.000%13,612.50108,612.50114,043.13114,043.13 2013/2014 02/01/201695,000.002.500%11,712.50106,712.50112,048.13112,048.13 2014/2015 02/01/2017100,000.003.000%9,337.50109,337.50114,804.38114,804.38 2015/2016 02/01/2018100,000.003.250%6,337.50106,337.50111,654.38111,654.38 2016/2017 02/01/201995,000.003.250%3,087.5098,087.50102,991.88102,991.88 2017/2018 Total$760,000.00-$106,802.33$866,802.33$898,826.25$898,826.25- 2488634v1 Packet Page Number 76 of 163 Agenda #G-6 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Resolution Approving Donation From Schmelz Countryside Date: June 17, 2010 Introduction Schmelz Countryside has made a donation to the Police Department, and City Council approval is required before this donation can be accepted. Background To show their appreciation for the hard work and dedication of Sergeant Joseph Bergeron and all of the other officers serving the community of Maplewood, Schmelz Countryside has donated $750 to the Police Department and $750 to the family of Sergeant Bergeron. The donation to Sergeant Bergeron has been forwarded to his family, and City Council approval is required before the $750 donation to the Police Department can be accepted. Recommendation It is recommended that City Council approval be given to accept this donation. Action Required Submit to the City Council for review and approval. DJT:js Packet Page Number 77 of 163 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, Schmelz Countryside wishes to grant the City of Maplewood the following: $750, and; WHEREAS, Schmelz Countryside has instructed that the City will be required to use the aforementioned for: item(s) commemorating Sergeant Joseph Bergeron, 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 super 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 a super majority vote of its membership on _________________________, 20_____. Signed: Signed: Witnessed: __________________________________________________________ (Signature) (Signature) (Signature) Mayor______________Chief of Police_________City Clerk____________ (Title) (Title) (Title) ____________________________________________________________ (Date) (Date) (Date) Packet Page Number 78 of 163 Packet Page Number 79 of 163 Agenda #G-7 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Request Approval to Purchase 2010 Chevy Tahoe Date: June 17, 2010 Introduction The Police Department is requesting City Council approval to purchase one 2010 Chevy Tahoe. Background City Council approval is requested to make the unplanned purchase of a 2010 Chevy Tahoe to replace the vehicle that was occupied by Sergeant Joseph Bergeron at the time of his death on May 1. Because the purchase of this vehicle was not included in the Police Department’s 2010 budget, we plan to use drug forfeiture money to pay for the purchase. The price for this vehicle is $33,996.27. Recommendation It is recommended that approval be given to purchase one 2010 Chevy Tahoe. Action Required Submit to the City Council for review and approval. DJT:js Packet Page Number 80 of 163 Packet Page Number 81 of 163 Packet Page Number 82 of 163 Packet Page Number 83 of 163 Agenda Item G9 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Bill Priefer, Public Works Operations Analyst SUBJECT: County Road D Realignment (West) Improvements (TH 61 to Walter Street), Project 02-08, Resolution Accepting Project and Adopting Final Financing Plan in Order to Close Project DATE: June 11, 2010 INTRODUCTION Final construction expenses and financing for the project fund have been determined. The city council will consider approving the attached resolution for acceptance of the project, as well as approve a revision of the project budget and close the project fund. BACKGROUND The construction is final and complete and ready for final payment. The final construction cost and the amount to be paid to the three contractors on the project is $2,111,784.50. T.A. Schifsky & Sons, Inc.’s portion is $1,116,537.76, Palda & Sons, Inc.’s portion is $720,160.50 and Imperial Developer’s portion is $275,086.24. The final project cost is $4,174,116.10. This includes all construction, property acquisition, and engineering costs associated with the project. BUDGET Below are the original approved budget and the recommended revised final budget for project 02-08: Funding Source Original BudgetRevised Budget State Aid: $532,510$666,903 Bonds $1,904,785$2,003,008 Environmental Utility Fund $18,000$18,000 Ramsey County $690,582$981,861 SPRWS $33,378$24,300 City of Vadnais Heights $304,908$106,768 Trust Account Interest $0$3,680 Interest on Investments $0$7,701 Transfers from other projects $0$488,482 Developer (Troutland) $10,000$29,649 Total: $3,494,163$4,330,352 Packet Page Number 84 of 163 Agenda Item G9 RECOMMENDATION It is recommended that the city council approve the resolution for Acceptance of Project for the County Rd D Realignment (West) Improvements, City Project 02-08 and Authorize the Finance Director to make the necessary financial transfers as noted in the revised financing plans and close the project fund. Attachments: 1. Resolution 2.Location Map Packet Page Number 85 of 163 Agenda Item G9 Attachment 1 RESOLUTION ACCEPTANCE OF PROJECT AND MODIFICATION OF PROJECT BUDGET WHEREAS, the city engineer for the City of Maplewood has determined that the County Rd D Realignment (West) Improvements, City Project 02-08 is complete and recommends acceptance of the project, and WHEREAS, the project budget must be modified as noted in the revised financing plan to reflect final costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. City Project 02-08 is complete and maintenance of these improvements is accepted by the city. Final payment and release of any retainage or escrow is hereby authorized. 2. The finance director is authorized to make the necessary financial transfers as noted in the revised financing plan. 3. Upon making final transfers the project fund shall be closed. Below is the final revised budget for project 02-08: Original BudgetRevised Budget Funding Source State Aid: $532,510$666,903 Bonds $1,904,785$2,003,008 Environmental Utility Fund $18,000$18,000 Ramsey County $690,582$981,861 SPRWS $33,378$24,300 City of Vadnais Heights $304,908$106,768 Trust Account Interest $0$3,680 Interest on Investments $0$7,701 Transfers from other projects $0$488,482 Developer (Troutland) $10,000$29,649 Total: $3,494,163$4,330,352 Packet Page Number 86 of 163 Agenda Item G9 Attachment 2 Packet Page Number 87 of 163 Agenda Item G10 MEMORANDUM TO: James Antonen, City Manager FROM: Molly Wellens, RS, Health Officer DuWayne Konewko, Community Development and Parks Director SUBJECT: Approval of the Drinking Water Protection Delegation Agreement with the Minnesota Department of Health DATE: June 21, 2010 for June 28, 2010 Council Meeting INTRODUCTION The Commissioner of Health is responsible for the regulation of non-community water supplies (wells) through the drinking water protection/safe drinking water act. 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. Maplewood is one of these delegated agencies. The current delegation agreement is more than 2 (two) decades old. All agencies wishing to continue providing delegated services must sign the new agreement by June 30, 2010. The City of Maplewood has 2 non-community water (well) licenses. DISCUSSION The drinking water protection delegation agreement was 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. A non-community water supply is one that provides their own supply of water, usually through a well. Examples include schools, restaurants, resorts, and/or churches. These facilities are required to provide a safe and adequate supply of water under the federal safe drinking water act. The City of Maplewood has the capacity and expertise to effectively provide environmental and public health services, including but not limited to the safe drinking water act responsibilities, at the local government level. Staff held a council workshop on Monday, March 8, 2010 regarding this delegation agreement as well as the environmental health services delegation agreement with the Minnesota Department of Health. At that time, the City Council approved signing a new delegation agreement with the Minnesota Department of Health to continue providing environmental health services. However, the drinking water protection delegation agreement was not ready for signing until recently. RECOMMENDATION Staff recommends City Council renew the new Delegation Agreement with the Minnesota Department of Health for drinking water protection/safe drinking water act responsibilities. Attachment: Delegation Agreement with the Minnesota Department of Health for drinking water protection. Packet Page Number 88 of 163 Delegation Agreement between Minnesota Department of Health and _____________________________________ 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, in order to ensure safe drinking water in all public water supplies, has the powers and duties stated in the Safe Drinking Water Act, Minnesota Statutes, Sections 144.381- 144.387 (the “Act”). The Act authorizes MDH to enter the premises of a public water supply to inspect facilities and records; to conduct sanitary surveys; to investigate the standards of operation and service delivered by public water supplies; and to implement and enforce the Act and the respective rules adopted, Minnesota Rules, Chapter 4720. 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 of regulated public noncommunity transient water systems (“TWS”) and enforcement of the applicable laws for the purpose of preventing and abating public health risks. 2. Scope 2.1Delegated Responsibilities: This delegation applies to the following regulated areas as indicated: A. TWS, as defined and regulated under Minnesota Rule Chapter 4720 that are in facilities licensed by the Board: food, beverage, and lodging establishments; recreational camping areas; manufactured home parks, youth camps, public pools. This delegation excludes those exceptions described in 2.2.B of this agreement below. B. Wellhead protection, as defined by Minnesota Rules, parts 4720.5100, 4720.5110, subpart 1, and 4720.5120. 2.2Responsibilities Not Delegated Under This Agreement: MDH retains exclusive authority for the following areas: A. Community and nontransient noncommunity water systems; and MDH - DWP Delegation Agreement-corrected, 6/11/2010 - 1 - Packet Page Number 89 of 163 B. TWS systems not licensed by the Board. In addition, the authorities stated in the following statutes and rules are not delegated to the Board: (1) Variances, as provided in Minnesota Rules, parts 4720.2700 and 4720.3970; (2) Review of plans for new, altered, or extended TWS systems, as provided in Minnesota Statutes, Section 144.383, and Minnesota Rules, part 4720.0100; (3) Minnesota Rules, part 4720.0012 (New System Capacity Development), 4720.0015 (Fees for Review of Plans), 4720.0025 (Unsafe Water Connections), 4720.0030 (Fluoridation), 4720.0040 (Municipality Approval of Water Supply Contracts), 4720.2700 (Application Procedure for Variance from Parts 4720.0200 to 4720.2300), and 4720.3920 to 4720.3970 (General Requirements for Construction of Surface Water and Groundwater Under the Direct Influence of Surface Water treatment Facilities), 4720.4000 to 4720.4600 (water haulers), 4720.5130 to 4720.5590 (wellhead protection), and 4720.9000 to 4720.9080 (drinking water revolving fund); (4) Regulating the constructing, repairing, and sealing of wells and borings under Minnesota Rules, Chapter 4725, and Minnesota statute, Chapter 103I. 3.Terms of the Agreement 3.1MDH Responsibilities A.General (1) Beginning on _________, and through the duration of this Agreement, MDH will not enforce the statutes and rules stated in paragraph 1.1 in the Board’s jurisdiction, except as stated in this Agreement or at the request of the Board. (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 that the board submits to MDH. (3) 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 1.1. (4) MDH staff will be available to advise the Board regarding issues covered under this Agreement. (5) MDH will refer to the Board any complaints that MDH receives concerning matters under the Board’s jurisdiction. MDH - DWP Delegation Agreement-corrected, 6/11/2010 - 2 - Packet Page Number 90 of 163 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 water safety and public health. (2) MDH will lead epidemiological surveillance and investigations and will consult with the Board as necessary during investigations. (3) MDH will summarize and report the results of epidemiological investigations. C.Training and Technical Assistance (1) Once a year, MDH will conduct a training seminar or conference designed to provide the Board’s regulatory staff with knowledge, information, and skills needed to carry out the Board’s duties under this agreement. MDH will provide reasonable advance notice to the Board of training opportunities, formal or informal, that MDH offers during the duration of this Agreement. (2) MDH will also offer the Board ongoing consultation about statute and rule interpretation, and the technical program areas listed under the SCOPE through the duration of this Agreement. D.LaboratoryAnalyses MDH will provide laboratory services for water samples collected by the Board under this Agreement. The Board may also submit samples to other laboratories certified by the MDH Laboratory Certification Program (“non-MDH contract laboratory”). If the Board elects to send water samples to a non-MDH contract laboratory, the Board will be responsible for laboratory costs associated with those samples. E.Loan of Equipment When available, MDH will lend to the Board equipment needed to assess compliance with Minnesota Rules, part 4720.5110, governing wellhead protection. Such equipment may include GPS receivers, range finders, measuring tapes,and compasses. F.Standardized Forms and Inventory MDH will provide standardized forms and inventory services for the Board to use in accordance with the MDH Local Program training manual. 3.2Board’s Responsibilities: A.Authority MDH - DWP Delegation Agreement-corrected, 6/11/2010 - 3 - Packet Page Number 91 of 163 (1) The Board must have ordinances in effect, which conform to Minnesota Statutes, section 145A.05, subd. 1, and establish authority for enforcement and describe actions to accomplish the requirements cited in paragraph 1.1. The Board will provide MDH with a copy of such ordinances. (2) The Board must provide MDH with a letter from it legal counsel opining that the Board has the requisite authority to enter this agreement and carry it out. (3) The Board may not enact or amend any ordinance related to the statutes and rules stated in paragraph 1.1 without submitting the proposed change for MDH’s prior review and comment. The Board will submit the language within 30 days of its proposal. (4) The Board will also provide MDH with a copy of the new or amended ordinance within 30 days of its enactment. B.Trained Regulatory Staff (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. These qualifications include: (a) Current registration with the State as an 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. (2) The Board will encourage staff attendance at the annual MDH training seminar or conference that has been designed to provide the Board with knowledge, information, and skills needed to carry out this Agreement. (3) Environmental Health Specialist/Sanitarians must perform the sanitary surveys and technical assistance visits required by Minnesota Statutes 144.381 to 144.387, Minnesota Rules 4720, and primacy and policy recognized by the U.S. Environmental Protection Agency. (4) Individuals not currently registered by the state as an Environmental Health Specialist/Sanitarian may collect routine samples if supervised by an 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. MDH - DWP Delegation Agreement-corrected, 6/11/2010 - 4 - Packet Page Number 92 of 163 (6) The Board will notify MDH if unexpected staff changes lead to inadequate or unqualified staffing. In that case, the Board remains responsible for providing both routine and emergency services covered by this Agreement and must do the following until the Board hires qualified staff: (a) Submit a written plan for providing routine and emergency services within 10 business days of the staff’s departure. This plan must include the name, credentials, and contact information for staff performing delegated duties. MDH will provide written approval or rejection of the plan within 10 business days of receipt. (b) Submit to MDH, monthly reports for all inspections conducted during the previous 30 days. (c) Hire qualified staff within 180 days of the staff’s departure. If qualified staff cannot be hired within 180 days, MDH may 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 written approval from MDH. C.Plan Review If the Board learns that any establishment is planning the construction or alteration to water storage or treatment of a TWS within the Board’s jurisdiction, the Board must direct the owner or operator of the TWS to submit plans to MDH for approval before beginning the construction or alteration. If the Board learns that an establishment has begun construction or alteration to water storage or treatment of a TWS without MDH plan approval, the Board must direct the owner or operator to immediately contact MDH. D.Cost Borne by the Board Except as specifically provided in this Agreement; the Board will perform the inspection, enforcement, and other duties set forth in this Agreement at its own expense. Nothing in this Agreement restricts the Board’s authority to establish fees to recover the costs for such activities. E.Uniform Inspection Program (1) The Board will conduct inspections, respond to complaints, and document follow-up activities. The Board must: (a) identify and address sanitary defects; MDH - DWP Delegation Agreement-corrected, 6/11/2010 - 5 - Packet Page Number 93 of 163 (b) incorporate education into the inspection process. (2) The Board’s inspection staff must maintain inspection reports that include, at a minimum, the following elements: sanitary defects, corrective actions, enforcement actions, follow-up activities, and complaint response. (3) For every licensed TWS, the Board must provide written response of review and amend the annual TWS inventory list to MDH by January 31 of each calendar year or within 30 days of receipt of the list provided by MDH. (4) The Board agrees that MDH may accompany the Board’s staff in their work, make independent assessments of sanitary defects or hazards, and perform program activities in consultation with the Board as circumstances warrant. F.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. (2) The Board will record and transmit all waterborne 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 TWS. (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. G.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. Upon request, the Board must forward to MDH a written summary of such significant enforcement actions as those referenced in paragraph 3.2 G (1)(a - c). This summary will be forwarded to MDH within 30 days of receipt of MDH request. MDH - DWP Delegation Agreement-corrected, 6/11/2010 - 6 - Packet Page Number 94 of 163 H.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 1.1. I.Program Support, Resources, and Assessment (1) The Board will conduct a self-assessment using the materials known as the “DWP Program Evaluation Protocol and Tools” at least once every three years, and within one year before the regularly scheduled MDH program evaluation. The Board will provide MDH with the written results of the program self-assessment at least 30 days before the regularly scheduled MDH program evaluation conducted under Section 4 below. (2) The Board must make its self-assessment records available to MDH upon request. (3) The Board will cooperatewith MDH to establish a compatible system that allows efficient sharing of electronic licensing and inspection data. The local Board will maintain a current inventory and facility file of all noncommunity public water supplies within its jurisdiction. J.Records maintenance The Board must submit the following documentation to MDH at its Metro office along with successive up-to-date data in accordance with MDH standard forms: (1) Sanitary Surveys; (2) Sampling results; and (3) Inventory changes. 4.MDH Assessment of Board’s Performance 4.1Program Evaluation A. MDH will evaluate the Board’s performance for compliance with this Agreement using the materials known as the “DWP 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 inspection, reporting and enforcement of the statutes and rules stated in paragraph 1.1. MDH - DWP Delegation Agreement-corrected, 6/11/2010 - 7 - Packet Page Number 95 of 163 (2) Whether the Board has established a written procedure for enforcement for all TWS in the jurisdiction regulated by the statutes and rules stated in paragraph 1.1. (3) Whether the Board has inspected all such TWS 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: (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 as defined by “the Act,” and MDH/enforcement policy for a violator to regain compliance, and the Board has taken appropriate enforcement measures, and can assure MDH that compliance has been achieved. C. MDH will report its evaluation findings in writing to the Board within 60 days after completion of the evaluation. MDH 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 Acceptable status 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 (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: MDH - DWP Delegation Agreement-corrected, 6/11/2010 - 8 - Packet Page Number 96 of 163 (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’sstatus is Unacceptable, MDH will conduct the Board’s inspections. Until the Board’s status is no longer Unacceptable, the Board will pay service fees of $100/hour per inspectorto MDH for all Sanitary Surveys conducted by MDH. 4.2Termination A. MDH also 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 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 5.1Voluntary 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. 5.2Merger: 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. 5.3Amendment: The parties may amend this Agreement only by written agreement signed by the parties. MDH - DWP Delegation Agreement-corrected, 6/11/2010 - 9 - Packet Page Number 97 of 163 5.4Liaison: Both MDH and the Board will assign a person to be a liaison with the other party. 5.5Statutory or Rule Changes: Successor or amended statutes and rules apply to this Agreement and are automatically incorporated into this Agreement upon their effective date. 5.6Severability: A determination that any provision of this Agreement is invalid, illegal, or unenforceable does not affect the enforceability of any other provision. 5.7Liability: Each party agrees that it will be responsible for its own acts and their results to the extent authorized by law and will not be responsible for the acts of the other party and their results. 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. 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 - DWP Delegation Agreement-corrected, 6/11/2010 - 10 - Packet Page Number 98 of 163 Agenda Item G11 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Audra Robbins, Parks and Recreation Supervisor Jim Taylor, Parks and Recreation Supervisor SUBJECT: Approval of Trout Brook Trail Feasibility Proposal DATE: June 21, 2010 for June 28, 2010 Council Meeting INTRODUCTION The City has been given a proposal by Sanders Wacker Bergly, Inc. for Trail Planning Services for the extension of the Trout Brook Trail through Maplewood. They have been involved with this project since its inception and are currently working with the City of Little Canada, St. Paul and the National Park Service to explore the idea of a north/south trail through Maplewood and Little Canada that would become part of the regional trail system. The purpose of this proposal would be to actively involve the City of Maplewood in the Trout Brook Trail Planning process concerning this particular trail corridor. BACKGROUND The Trout Brook Regional Trail and Greenway, which is a joint planning effort of Ramsey County and the City of Saint Paul, is currently planned to extend from the Mississippi River near the Bruce Vento Nature Sanctuary north to McCarrons Lake. In 2008, a trail advisory group looking for a better north/south trail connection, suggested that a potential corridor should be studied that would extend the Trout Brook Regional Trail north from McCarrons Lake through Maplewood and Little Canada to Vadnais Regional Park. The City of Maplewood incorporated the Trout Brook Trail concept into the 2030 Comprehensive Plan and Council approved the Trout Brook Master Plan at their March 8, 2010 meeting. The next step in the planning process is to complete a feasibility study for each segment of the trail. The area to be studied for a possible trail connection in this proposal extends from where the existing trail ends near Lake McCarrons, north to County Road B (See Attachment 1). The feasibility proposal for this area from Sanders Wacker Bergly Inc. provides a Scope of Services that includes detailed information for a Work Program, Preferred Trail Route and an Implementation Plan. The proposed cost for these services is $14,990.00 (See Attachment 2). BUDGET The monies for this proposal havebeen allocated in the CIP (PM07.100) and PAC funds are available for this project. RECOMMENDATION It is recommended that the City Council approve the Trout Brook Trail Feasibility Proposal with the cost for this not to exceed $14,990.00. Attachments: 1. – Trout Brook proposed corridor map 2. –Trout Brook Trail Feasibility Proposal –Sanders Wacker Bergly, Inc. Packet Page Number 99 of 163 Attachment 1 %('& 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 Packet Page Number 100 of 163 Attachment 2 SandersWackerBergly, Inc. Attentive Service & Landscape Architects and Planners Creative Solutions 365 Kellogg Boulevard East Saint Paul, Minnesota 55101-1411 (651) 221-0401 April6,2010 Revised:June3,2010 Mr.DuWayneKonewko,Director CityofMaplewood CommunityandParksDevelopment 1830CountyRoadBEast MaplewoodMN55109 RE:ProposalforTrailPlanningServices TroutbrookTrail DearMr.Konewko, SandersWackerBergly,Inc.LandscapeArchitectsandPlannersareverypleasedtosubmitthefollowing oftheTroutbrookTrailthroughMaplewood. proposalforTrailPlanningServicesfortheextension OurofficehasbeenworkingwiththeCityofLittleCanadaandtheNationalParkServiceonapreliminarystudy toevaluatethepotentialofanorthsouthtrailthroughMaplewoodandLittleCanadathatcanbecomepartof theregionaltrailsystem.Thisworkhasidentifiedpotentialroutesforthetrailandissuesthatneedtobe addressedwithmoredetailedstudy.Theworktodatehasalsoinvolvedmajorstakeholdersinthepreliminary discussionsthathavebeenheld. ThepurposeofthisproposalistocontinueworkonTroutbrookTrail,bringthetrailplantoagreaterlevelof detailandcompletethefeasibilitystudy,includingcostestimatesforthepreferredrouteandvariousoptions. TheCityofMaplewoodwilltakeanactiveroleinthecontinuedplanningforthetrailcorridor. Thankyouforinvitingmetosubmitthisproposal.IlookforwardtoworkingwiththeCityofMaplewoodto furtherdeveloptheTroutbrookTrailPlan. Ifyouhaveanyquestions,pleasegivemeacall. Sincerely, WilliamD.SandersFASLA President Packet Page Number 101 of 163 SandersWackerBergly, Inc. Attentive Service & Landscape Architects and Planners Creative Solutions BACKGROUND TheTroutbrookRegionalTrailandGreenway,whichisajointplanningeffortofRamseyCountyandtheCityof SaintPaul,iscurrentlyplannedtoextendfromtheMississippiRiverneartheBruceVentoNatureSanctuary northtoMcCarronsLake. In2008,atrailadvisorygroup,whowaslookingforabetternorth/southtrailconnection,suggestedthata potentialcorridorshouldbestudiedthatwouldextendtheTroutbrookRegionalTrailnorthfromMcCarrons LakethroughMaplewoodandLittleCanadatoVadnaisRegionalPark.BoththeCityofLittleCanadaandthe CityofMaplewoodincorporatedtheTroutbrookTrailconceptintotheircomprehensiveplans.TheCityof LittleCanadatooktheleadincontinuingtheplanningworkforthecorridor.WiththesupportoftheCityof Maplewood,RamseyCountyParksandRamseyCountyActiveLiving,theyappliedforplanningassistancefrom theNationalParkService.Theassistancewasapprovedandaseriesofmeetingswithkeystakeholdershas beenheld,includingtheRosevilleSchoolDistrict,theEMIDSchoolDistrict,WaldorfSchool,SaintJudeMedical, SaintPaulRegionalWaterServices,RamseyCountyParks,MaplewoodParksandRecreation,RamseyCounty PublicWorks,RamseyWashingtonWatershedDistrict,CapitolRegionalWatershedDistrict,andMnDOT.Site AnalysisandConceptPlanshavealsobeenprepared. theplanningprocessistocompleteafeasibilitystudy,includingcostestimatesandanalysis Thenextstepin foreachtrailsegment. SCOPEOFSERVICES ThefollowingScopeofServicesisbaseduponthecontinuationoftheworkthathasbeenaccomplishedinthe pastyear.Alternativetrailrouteshavebeenidentifiedandpreliminarymeetingshavebeenheldwithsomeof thestakeholders.Therehasbeenasubstantialefforttoinventory,photographandevaluatetheproposed trailcorridor.TheareatobestudiedwillextendfromwheretheexistingtrailendsnearLakeMcCarrons, northtoCountyRoadB,whichistheextentofthetrailintheCityofMaplewood.ThefocusofthisScopeof Serviceswillbethecompletionofthefeasibilitystudyandthecostestimatesfortheproject. TASK1.WORKPROGRAM A.Projectstartup,includingfinalizingworkprogramandapproach,contract,schedules,etc. B.MeetwiththeCitystafftoreviewworktodateandprojectgoalsandobjectives. Proposal:Page2 CityofMaplewoodTroutbrookTrailApril62010 Revised:June3,2010 Packet Page Number 102 of 163 SandersWackerBergly, Inc. Attentive Service & Landscape Architects and Planners Creative Solutions TASK2.PREFERREDTRAILROUTE A.Prepareplansforapreferredtrailroute.Theseplanswillbepreparedwithagreaterlevelof detailthanthepreviouspreliminarystudy,whichwillallowdecisionstobemadeaboutthe locationanddesignofthetrail. B.Preparecostestimatesforthepreferredtrailrouteandvariousoptions. C.MeetwiththeCitystafftoreviewtheplans. D.Meetwiththeeffectedpropertyownersandpublicagenciestodiscusstheplans. E.MeetwiththeMaplewoodParksandRecreationCommission. TASK3.IMPLEMENTATIONPLAN A.PrepareapreliminaryplanandstrategytoimplementtheproposedTroutbrookTrailextension. Identifyactionsthatneedtobetakentoimplementtheproject. B.MeetwiththeCitystafftoreviewplan. C.MeetwiththeMaplewoodParksandRecreationCommission. HOURLYRATES FeesforworkperformedbySandersWackerBergly,Inc.,LandscapeArchitectsandPlanners,willbe basedonthefollowingstandardhourlyrates: PrincipalLandscapeArchitect/Planner$85.00perhour ProjectLandscapeArchitect/Planner$75.00perhour Technician$65.00perhour Directexpenseswillbebilleddirectattheiractualcost. Proposal:Page3 CityofMaplewoodTroutbrookTrailApril62010 Revised:June3,2010 Packet Page Number 103 of 163 SandersWackerBergly, Inc. Attentive Service & Landscape Architects and Planners Creative Solutions Project TASKDESCRIPTION PrincipalLATechnicianTOTAL $85.00$75.00$65.00 1WORKPROGRAM A.WorkProgram200$170.00 B.Meeting220$320.00 ^ƵďdŽƚĂů$490.00 2PREFERREDTRAILROUTE A.Plans244016$6,080.00 B.CostEstimates8248$3,000.00 C.Meetingwithstaff620$660.00 D.Meetingwithagencies880$1,280.00 E.MeetingwithParks&Recreation200$170.00 ^ƵďdŽƚĂů$11,190.00 3IMPLEMENTATIONPLAN A.Plan16164$2,820.00 B.Meetingwithstaff220$320.00 C.MeetingwithParks&Recreation200$170.00 ^ƵďdŽƚĂů$3,310.00 TOTAL$14,990.00 Proposal:Page4 CityofMaplewoodTroutbrookTrailApril62010 Revised:June3,2010 Packet Page Number 104 of 163 Agenda Item G12 AGENDA REPORT To: James Antonen, City Manager From: DuWayne Konewko, Community Development and Parks Director Steve Kummer, Civil Engineer II Subject: Lions Park Improvements, City Project No. 08-09, Resolution Approving Plans and Specifications and Advertising for Bids Date: June 18, 2010 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The bid opening for this project will be scheduled for 10:00 a.m., Friday July 30, 2010. Awarding of the construction contract would be considered at the August 9, 2010 city council meeting. BACKGROUND The City initiated a Master Planning Process for Lions Park in the summer of 2009. The overall goal of the Master Plan work was to identify the extent of Park facilities needed to better reflect the needs of area residents and to address existing drainage problems. Maximizing the level of water quality treatment within the Tanners Lake drainage area was also a critical factor in the planning process. The Master Plan was finalized in late 2010 after extensive input from City staff, Parks Commission and park users. A series of neighborhood meetings and open houses were held throughout the plan development process. The resulting plan has overwhelming support from area residents, as well as the Parks Commission. From the outset, the City’s goals for a Sustainable Maplewood have been incorporated into the planning process and into the final plans. On November 23, 2009, the City Council authorized the preparation of plans and specifications for this project. Construction plans are complete and ready to be advertised for bidding. BUDGET IMPACT The initial total project budget as reported to Council at the November 12, 2009, regular meeting was $495,000 as shown in the summary table below. The revised total budget is $585,000 which includes $25,000 in Park funds previously authorized in 2009 that have not been expended, a correction of $15,000 to 2010 Parks funds and the $50,000 of funding allocated to 2011. Much of the construction funds are expected to be expended in late 2010, with an estimated 20-30% of the funds expended in 2011. The City has initiated a grant request from the Ramsey-Washington-Metro Watershed District to share in the costs of the bio-filtration system costs. Staff has received a favorable initial response from the District and they intend to fund up to $30,000, with the potential to provide additional funding. Packet Page Number 105 of 163 Staff expects to complete the base project estimated at a cost of approximately $581,000. The extent of construction alternates that will be incorporated into the project will depend on where the bids come in. The funding available is estimated at $585,000. A summary of the anticipated project budget is provided below: ESTIMATED PROJECT COST SUMMARY Amount Construction Cost - Base Project $533,884 Engineering Design $47,500 BASE PROJECT COST $581,384 Construction Alternates $59,292 PROJECT COST WITH ALTERNATES $640,676 COST RECOVERY - BUDGET ITEMS Amount 2010 Parks Budget - PAC $235,000 EUF Funds $200,000 Ramsey-Washington-Metro WD Grant $30,000 Lions Club - Picnic Shelter Contribution $30,000 ORIGINAL FUNDING ESTIMATE $495,000 Ramsey-Washington-Metro WD Grant - Additional Funds $0 2009 Remaining Funds $25,500 2010 Additional PAC Funds - Total to $250,000 $15,000 2011 PAC Funds $50,000 REVISED FUNDING ESTIMATE $585,500 RECOMMENDATION It is recommended that the city council approve the attached resolution for the Lions Park Improvements for 2010, City Project 08-09, Approving Plans and Advertisement for Bids. Attachments: 1. Resolution Approving Plans and Advertising for Bid Packet Page Number 106 of 163 Attachment 1 RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on November 23, 2009, plans and specifications for the Lions Park Improvements, City Project 08-09, have been prepared by (or under the direction of) the City Engineer, 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 shall prepare and cause to be inserted in the official paper and in the periodical Finance and Commerce, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly th opened and considered by the Council at 10:00 a.m. on the 30 day of July, 2010, at city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular city Council meeting of August 9, 2010. Packet Page Number 107 of 163 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 108 of 163 Agenda Item H.1 MEMORANDUM TO: Jim Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Political Campaign Sign Ordinance Amendment – First Reading APPLICANT: City of Maplewood DATE: June 21, 2010 for the June 28 City Council Meeting INTRODUCTION On March 3, 2010, Governor Pawlenty signed a bill into law (Chapter 184) that moves the state primary to the second Tuesday in August (to be held on August 10 this year). The law also moves city primaries in state general election years to the same day. Previously, the primary was held on the first Tuesday after the second Monday in September. The city’s election ordinance at Section 2-37 states that local primary elections will be held the second Monday in September in each odd-numbered year (non-state general election years). This ordinance was adopted to match the previous state general primary election dates. To ensure local primary election dates are consistent with the new state primary election dates, Karen Guilfoile, city clerk, will be proposing an amendment to the city’s ordinance in the near future. The amendment will change the local primary election dates to reflect the state law and be held on the second Tuesday in August, regardless of odd or even numbered years. DISCUSSION Existing Political Campaign Sign Ordinance The city’s existing sign ordinance allows political campaign signs for local regular elections and referendums to be posted from August 1 until ten days following said election or referendum. The new state law changing the primary election date also revised the state statute dealing with political campaign sign regulations during a state general election year. State Statute at Section 211B.045 now requires that all cities, whether or not the city has an ordinance that regulates the size or number of noncommercial (political campaign) signs, to allow these signs to be posted from 46 days before the state primary in a state general election year until ten days following the state general election. This means that during the state general election years the city must allow signs to be posted 46 days prior to the primary election (this year that date was June 25) rather than be posted from August 1. Proposed Change To ensure consistency with state statute, regardless of when the city’s primary election is held (either the second Tuesday in August or first Tuesday after the second Monday in September); the city should amend its political campaign sign ordinance to reflect the state requirements for the placement of political campaign signs. Staff is proposing that the city’s sign ordinance be amended to allow political campaign signs for local regular elections and referendums to be posted from 46 days before, and ten days following, said election or referendum. 1 Packet Page Number 109 of 163 RECOMMENDATION Adopt the attached political campaign sign ordinance (Attachment 1). This ordinance amends the city’s sign ordinance pertaining to the time limit political campaign signs can be posted during local regular elections. P:\com_dvpt\ord\political sign ordinance 6-28-10 cc Attachments: 1. Political Campaign Sign Resolution 2 Packet Page Number 110 of 163 Attachment 1 ORDINANCE NO. ________ AN ORDINANCE AMENDING THE POLITICAL CAMPAIGN SIGN SECTION OF THE SIGN ORDINANCE The Maplewood city council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Article III (Sign Regulations) at Section 11(k) (Political Campaign Signs). Additions are underlined and deletions are crossed out. (k) Political Campaign Signs (1) For local regular elections and referendums, political campaign signs may be posted from August 1 forty-six (46) days before the local general election or referendum until ten (10) days following said election or referendum. (2) For local special elections and referendums, political campaign signs may be posted from date of filing until ten (10) days following said special election or referendum. (3) Unsuccessful primary candidates must remove their signs within ten (10) days after any given primary. (4) Political campaign signs shall not exceed sixteen (16) square feet and six (6) feet in height. (5) The number of political campaign signs on one property during an election season is limited to one (1) per candidate and one (1) per opinion/ballot issue. (6) All political campaign signs shall be setback at least five (5) feet from the edge of the nearest street and at least one (1) foot from any sidewalk or trail. Said signs shall not be placed between a street and a sidewalk or trail or at any other location that obstructs driver or pedestrian visibility. The consent of the underlying property owner, if the underlying land is a public right-of-way, or the property owner fronting the proposed location, must be obtained before placement of such sign. In addition, political campaign signs are prohibited on obviously public property and utility poles. (7) In a state general election year, the size, number, and duration of political campaign sign displays shall comply with the provisions of Minnesota Statute 211.B.045, and nothing in this ordinance shall be construed as applicable except location restrictions. Section 2. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on _______________________, 2010. ______________________________________ Mayor Attest: ________________________________________ City Clerk Packet Page Number 111 of 163 Agenda Item H2 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director SUBJ: NPDES Phase II Annual Report /Public Meeting – 7:00p.m. DATE: June 17, 2010 INTRODUCTION As part of Maplewood’s National Pollutant Discharge Elimination System (NPDES) permit, the City is required to prepare an annual report detailing the progress made in the previous year toward satisfying the requirements of the permit. The City is also required to hold a public meeting on the annual report to solicit comments from the public and address all comments written and oral in the final report submitted to the MPCA. BACKGROUND A 1987 amendment to the federal Clean Water Act required implementation of a two- phase comprehensive national program to address pollution from storm-water runoff. This program was named the National Pollutant Discharge Elimination System (NPDES). Since 1991, NPDES Phase I regulated cities with populations of 100,000 or more. NPDES Phase II took effect in 2003, regulating cities with populations of 10,000 or more. Maplewood was among a group of approximately 220 cities in Minnesota affected by NPDES Phase II. The State of Minnesota regulates the disposal of stormwater by a State Disposal System (SDS) permit. The Minnesota Pollution Control Agency (MPCA) administers both NPDES and SDS permits in Minnesota and issues combined NPDES/SDS-MS4 stormwater permits. In March 2008, the city submitted its permit application to the MPCA. The permit cycle runs five years. The permit application required the City to develop a Stormwater Pollution Prevention Plan (SWPPP). The MPCA has established six minimum control measures that the SWPPP must address. They are: Public Education and Outreach Public Participation and Involvement Illicit Discharge and Detection and Elimination Construction Site Stormwater Runoff Control Post-Construction Stormwater Management Pollution Prevention and Good Housekeeping Maplewood’s SWPPP defines the Best Management Practices (BMPs) the City intends to use to minimize pollution from stormwater runoff for each of the six minimum control measures. The City’s permit and SWPPP have been available for public viewing at the Engineering and Community Development counter and were also posted on the city’s website. Packet Page Number 112 of 163 Articles posted on the website and published in the City newsletter encouraged residents to review the permit and SWPPP and submit any comments they may have. A dedicated phone line and email address was established to receive these comments. As of June 15, 2010, no comments regarding the SWPPP had been received. Staff has prepared a draft of the City’s annual report and will make a short presentation on the City’s SWPPP and the progress made toward the permit goals in the previous year. The floor should then be opened to the public for any comments they wish to make regarding the permit or draft annual report. All comments will be recorded and addressed in the final version of the annual report. When all public comments have been addressed and incorporated into the report, the report will be finalized. At that point, the report and executive summary will be submitted to MPCA. The deadline for the annual report is June 30, 2010. CHANGES TO FUTURE NPDES REPORTING REQUIREMENTS – NON DEGRADATION PLANS The City of Maplewood is one of thirty cities in the State that is required to submit a Non- Degradation Plan as part of the NPDES permitting process. The MPCA will be responsible for reviewing the Non-Degradation Plans and determining compliance. The selection criterion that was used to select these thirty cities was based on community size and growth experienced by the community. In selecting these thirty MS4 cities, MPCA is assuming that a cities discharge is significant and has the potential for increased loading of one or more pollutants. The Non-Degradation Plan will require cities to develop a plan to address new or expanded discharges (runoff) and bring these discharges back to 1988 levels. Where increases in runoff or pollutant loading has occurred due to new or expanded discharges from stormwater runoff, the plan must identify and include retrofit and mitigation options or BMPs that reduce these discharges back to 1988 levels. To meet this requirement, cities will have to perform loading assessments using water quality modeling for discharges and pollutants. When complete, the model will be used to determine where stormwater runoff has resulted in new or expanded discharges and then to determine what strategies can be used to bring these discharges back to 1988 levels. The primary goal of this stormwater permit is to restore and maintain the chemical, physical, and biological integrity of “Waters of the State” through management and treatment of urban stormwater runoff. To meet this goal, the City of Maplewood must develop, implement, and enforce a Stormwater Pollution Prevention Program designed to reduce the discharge of pollutants from the City. As in the previous MS4 permit, public education and outreach activities are key in obtaining compliance with the permit requirements. The City must implement a public education program to distribute educational materials to the community and conduct outreach activities in the community. These educational program activities will focus on impacts of stormwater discharges and what steps the residents and businesses can take to reduce pollutants in stormwater runoff. 2 Packet Page Number 113 of 163 The initial Non-Degradation application was submitted to the MPCA in June of 2007. Maplewood’s Non-Degradation plan was put on Public Notice by the MPCA and no comments were received during the sixty-day comment period. In order for the City to achieve compliance with the MS4 permit/Non-Degradation requirements, the City will be required to spend substantial additional monies in the future. Additional monies will be required for infrastructure upgrades and these improvement requests will be presented to council pending the results of the findings from the report. Staff will also be updating the council on the progress with the requirements of the Non-Degradation Plan. Staff has included Best Management Practices (BMP) Summary Sheets that speak directly to these requirements listed above. The summary sheets describe the related BMP and also set measurable goals aimed at meeting these requirements. Timelines are also established to complete these goals. RECOMMENDATION Staff recommends that following the presentation on the City’s SWPPP and NPDES permit annual report and the update on the Non-Degradation Plan, the City Council open the floor for public comment. When all public comments have been addressed and incorporated into the report, the report will be finalized. At that point, the report and executive summary will be submitted to MPCA. The deadline for the annual report is June 30, 2010. Attachments: 1. BMP Summary Sheets 3 Packet Page Number 114 of 163 Attachment 1 City of Maplewood, Minnesota II. SUMMARY OF SWPPP Background The City of Maplewood (City) is located east of St. Paul, in the east-central portion of Ramsey County. Maplewood shares borders with St. Paul to the south, Roseville and Little Canada to the west, Vadnais Heights and White Bear Lake to the north and North St. Paul, Oakdale and Woodbury to the east. A small portion of Maplewood borders Washington County (at the City of Newport) to the south. The City covers approximately 11,500 acres (18 square miles) of land consisting of a mix of residential, light and heavy manufacturing, commercial, industrial, right- of-way, lakes/water, open space and park lands. This submittal includes the Notice of Intent (NOI) for coverage under the NPDES MS4 Phase II Permit, a summary of the receiving waters within the City and the existing storm water management program and a listing of the Best Management Practices (BMPs) incorporated into the Storm Water Pollution Prevention Program (SWPPP). BMP summary sheets for each of the six minimum control measures are included. Receiving Waters As stated in the City’s Comprehensive Storm Water Management Plan (September 1990), almost all of the storm water runoff from the City is discharged through the City of St. Paul and eventually into the Mississippi River. One small area (approximately 200 acres) at the south end of Maplewood discharges to Newport and a second (approximately 100 acres) in the northeast portion of the City drains east to Oakdale or south into Silver Lake. Some of the storm water runoff is directed into adjacent MS4s before returning to Maplewood’s drainage system. Maplewood contains several waters (lakes and streams) that receive storm water runoff. Of the 18 square miles within the City, approximately 10 square miles drain to Lake Phalen. Approximately 7 square miles drain to smaller drainage systems throughout the City and 1 square mile in the western portion of outlets discharge to Trout Brook. The list below identifies the waters in Maplewood where storm sewer system outfalls are or may be located. Known outfalls to these waters are identified in the Outfall Map. Beaver Lake Lake Gervais Phalen Lake Wakefield Lake Battle Creek Keller Lake Round Lake Fish Creek Kohlman Lake Silver Lake City of Maplewood, MN Page 6 NPDES Phase II NOI and SWPPP Permit No. MN R 040000 Packet Page Number 115 of 163 Existing Storm Water Management Program Key City staff for SWPPP implementation activities report to the Director of Public Works, and are primarily part of the Engineering or Street Maintenance Departments. The City has more than 20 staff members that have responsibilities under the SWPPP. Our staff is currently involved in storm water-related activities ranging from development plan review and construction site inspections to street/storm water practice maintenance. The City currently follows a Comprehensive Storm Water Management Plan (1991) to address water resources related issues within the City. In addition, the City follows the requirements of the Ramsey-Washington Metro Watershed District Plan (May 1997) which has jurisdiction throughout most of Maplewood. The City has a storm water utility to provide dedicated funding for implementation activities. BMPs for the Six Minimum Control Measures The table which follows outlines BMPs that form the City’s SWPPP. 2006 2003 Best Management Practices for Unique Unique Each Minimum Control Measure BMP ID BMP ID MCM #1: Public Education & Outreach 1a-1 1-01-R City Storm Water Education Program to Distribute Materials 2a-1, 2b-1, 1-02-R Annual Public/City Council Meeting 2c-1, 1e-1 1-03 City Newsletter and Website 1b-1, 1c-1, 1-04 Partner with Local Watershed District Education Programs 1d-1 1-05 Information Kiosks 1-06 Maplewood Nature Center Education Program 1f-1 1-07 Environmental Utility Fund (Storm Water Utility) MCM #2: Public Involvement and Participation 2a-1, 2b-1, 1-02-R Annual Public/City Council Meeting 2c-1, 1e-1 2-01-R Public Education and Outreach Program 1c-2 2-02 City-wide Rainwater Garden Project 2-03 Open Space Committee Meetings Environmental Committee Meetings 2-04 Maplewood Nature Center Participation Program MCM #3: Illicit Discharge Detection and Elimination 1c-3, 3d-1 3-01-R Public Education & Outreach Program 3b-1 3-02-R Regulatory Program to Prohibit Non-Storm Water Discharges into the MS4 3a-1 3-03-R Storm System Outfall and BMP Map 3c-1, 3e-1 3-04-R Illicit Discharge and Detection Program 3-05 Phosphorus Fertilizer Ordinance 3b-1 3-06 Assist Ramsey County ISTS Program 3-07 Used oil/household hazardous waste/pesticide program City of Maplewood, MN Page 7 NPDES Phase II NOI and SWPPP Permit No. MN R 040000 Packet Page Number 116 of 163 MCM #4: Construction Site Storm Water Controls 1c-4 4-01-R Public Education & Outreach Program 4a-1 4-02-R Construction Erosion and Sediment Control Ordinance 4b-1 4-03 Local Watershed District Permit Programs 4d-1 4-04-R Development Plan Review Process 4b-1, 4c-1, 4-05-R Construction Site Inspection and Street Sweeping Follow-up 4f-1 4e-1 4-06-R Complaint Response Program MCM #5: Post Construction Storm Water Management for New Development and Redevelopment 1c-5 5-01-R Public Education & Outreach Program 5b-1 5-02-R Post-Construction Runoff Control Ordinance 5c-1 5-03-R BMP Maintenance Agreement Program 5a-1, 5b-1 5-04-R Alternative Treatment Systems MCM #6: Pollution Prevention/Good Housekeeping for Municipal Operations 1c-6 6-01-R Public Education & Outreach Program 3d-1, 6a-1 6-02-R City Staff Training and Information Program 6b-2, 6b-3, 6-03-R Structural BMP and Outfall Inspection Program 6b-4 6b-5 6-04-R Storm Water System Maintenance Program 6b-6, 6b-7 6-05-R Development of Storm System BMP Database 6a-2 6-06 Street Sweeping Program 6a-1 6-07 Spill Prevention and Control Program 6b-5, 6b-7 6-08 Storm Water Pond Maintenance Program Additional BMP Summary Sheets X-1 NA Nondegradation for Selected MS4s IV.D – 1 NA Impaired Waters Review Process Process for Evaluating, Recordkeeping and Reporting The City will comply with the requirements of Part VI of the NPDES MS4 permit and has identified the items to be tracked and recorded in the BMP Summary Sheets included with this submittal. Records are maintained by the individuals responsible for each BMP and are compiled during the annual reporting process. The City will continue to: A.Evaluate program compliance and progress towards achieving its goals on an ongoing basis and summarize these findings in the annual report. B.Keep record for at least three years beyond the term of the permit. C.Make program-related records available to the public during regular business hours and upon adequate advance notice of the desire to review the program records. D.Submit our annual report by June 30 of each year. City of Maplewood, MN Page 8 NPDES Phase II NOI and SWPPP Permit No. MN R 040000 Packet Page Number 117 of 163 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 118 of 163 Agenda Item I.1 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Temporary Sign Ordinance Review – Banners and Window Signs DATE: June 22, 2010 for the June 28 City Council Meeting INTRODUCTION On January 25, 2010, the City Council adopted a new sign ordinance. The sign ordinance was drafted by the Community Design Review Board (CDRB) after years of research and writing. The new sign ordinance is the first overhaul of the city’s sign ordinance since it was originally adopted in 1977. There were two areas of the sign ordinance the City Council did not act on in January, including changes to temporary banners and temporary window signs. Due to concerns expressed by local business owners, the City Council directed staff to bring these two areas of the sign ordinance to the newly formed Business and Economic Development Commission (BEDC) for review and recommendation. BACKGROUND The city’s existing temporary banner and window sign regulations are as follows: 1. Banners in All Zoning Districts: Banners may be used as temporary signage and are not required to have a permit unless used for more than thirty (30) days. Banners shall not exceed one hundred fifty (150) square feet in area or twenty (20) percent of the wall area, whichever is greater. There shall be no more than one (1) banner at any business location. Each tenant space at a shopping center shall count as a separate business location. The City Council may approve exceptions to this section if the applicant can show there are unusual circumstances with the request. The City Council may attach conditions to their approval to assure that the sign will be compatible with surrounding properties. 2. Window Signs in All Zoning Districts: Window signs may be used as temporary signage, not exceeding 75 percent of the window area. Amendments proposed by the CDRB to the temporary banner and window sign regulations were as follows: 1. Banners a. Banners in Residential Zoning Districts: Temporary banners may be displayed without a permit for residential subdivisions and multiple-unit developments and for all legal non-residential uses excluding home Packet Page Number 119 of 163 occupation businesses for a period not to exceed sixty (60) days per year, per property. No more than one (1) banner may be displayed per property at any one time. Each banner shall not exceed thirty-two (32) square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. b. Banners in Commercial Zoning Districts: Temporary banners may be used: (1) For single tenant buildings, temporary banners may be displayed without a sign permit for a period not to exceed sixty(60) days total per year, per property. No more than one (1) banner may be displayed per property at any one time, except for multiple-tenant buildings (see below). (2) For multiple-tenant buildings, each separate tenant may display temporary banners without a sign permit for a period not to exceed sixty (60) days total per year, per property. No more than one (1) banner may be displayed per separate tenant at any one time. (3) Each banner shall not exceed thirty-two (32) or sixty-four (64) [depending on zoning district] square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. 2. Window Signs in all Zoning Districts: Temporary window signs are allowed without a permit. Temporary window signs shall be neatly painted or attached to the surface of a window, but shall cover no more than thirty (30) percent of the total area of the window. DISCUSSION BEDC Review BEDC reviewed the temporary banner and window sign regulations during their April 5 and May 3 meetings (Attachments 1 and 2). The commission discussed the existing and proposed banner and window sign ordinances to determine whether or not the current regulations were sufficient or if they should be strengthened or relaxed. Much of the discussion focused on whether BEDC was the correct commission to deal with such a matter. Some commissioners felt that it was outside of their commission’s mission statement to be reviewing and making recommendations on sign ordinances. In summary, some commissioners expressed that it is their mission to help promote business within the community, so by nature they would not support additional regulations on advertisement of businesses. After much discussion and debate, BEDC ultimately decided to take no action on the item. 2 Packet Page Number 120 of 163 White Bear Avenue Business Association Comments During the review of the temporary banner and window sign issue by BEDC, the White Bear Avenue Business Association (WBABA) board of directors submitted a letter to the City Council expressing their concerns over the regulation of temporary signs (Attachment 3). In summary WBABA requests that the City of Maplewood adopt the City of St. Paul’s less restrictive regulations for these types of signs. CDRB Recommendation The CDRB, in their recommendation to the City Council on the sign ordinance, stated the purpose of the ordinance amendments were to establish a comprehensive and impartial system of sign regulations that balances the needs for effective visual communication including business identification and the needs for a safe, well- maintained, and attractive community. They based their recommendation on temporary banners and window signs on research and review of surrounding communities’ temporary sign regulations and as a way of balancing aesthetics of a community with the need for business identification. For the above-mentioned reasons the CDRB proposed reducing the maximum size of banners from 150 square feet in area or 20 percent of the gross wall area on which it is attached (whichever is greater), to a range of 32 to 64 square feet, depending on the zoning district. The reduction in size was balanced by an increase in display time, from 30 days to 60 days. Additionally, the window signs were proposed to be reduced from 75 percent window coverage to 30 percent, with an increase in display time from 30 days to no time limit. RECOMMENDATION Review the Business and Economic Development Commission’s discussion on temporary banner and window signs. Offer feedback and direction to staff on whether the City Council would like to amend the temporary banner and window sign ordinance as recommended by the Community Design Review Board or take no action as recommended by the Business and Economic Development Commission. Attachments: 1) April 5, 2010, Business and Economic Development Commission Partial Minutes 2) May 3, 2010, Business and Economic Development Commission Partial Minutes 3) White Bear Avenue Business Association Correspondence dated April 3, 2010 3 Packet Page Number 121 of 163 Attachment 1 (PARTIAL) Meeting Minutes CITY OF MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION Monday, April 5, 2010 7:00 P.M. Council Chambers - Maplewood City Hall 1830 County Road B East 1. CALL TO ORDER Staff Liaison Michael Martin called the meeting to order at 7:06 pm. Mr. Martin noted that staff will act as the mediator of the agenda until 5c. is reached on the agenda and the officers have been elected. 2. ROLL CALL Commissioners Commissioner David Hesley, present Commissioner Mark Jenkins, present Commissioner Marvin Koppen, present Commissioner David Sherrill, present Commissioner Shelly Strauss, present Commissioner Beth Ulrich, present Commissioner Laurie Van Dalen, present Staff Michael Martin, City Planner Alan Kantrud, City Attorney 5. NEW BUSINESS: f. SIGN CODE AMENDMENTS – TEMPORARY BANNERS AND WINDOW SIGNAGE Mr. Martin went over the report. The commission discussed the temporary banner section of the code. Mark Bradley, of 2164 Woodlynn Ave, addressed the commission. Mr. Bradley stated the commission needs to decide if the code amendments will help or hurt businesses. Commissioner Strauss motioned to table this item to the next meeting. Commissioner Koppen seconded the motion. Ayes: Jenkins, Hesley, Koppen, Sherrill, Van Dalen, Strauss Nays: Ulrich The motion passed. Packet Page Number 122 of 163 Attachment 2 (PARTIAL) DRAFT - Meeting Minutes CITY OF MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION Monday, May 3, 2010 7:00 P.M. Council Chambers - Maplewood City Hall 1830 County Road B East 1. Call to Order 2. Roll Call Commissioners Commissioner David Hesley, present Commissioner Mark Jenkins, absent Commissioner Marvin Koppen, present Commissioner David Sherrill, absent Commissioner Shelly Strauss, present Commissioner Beth Ulrich, present Commissioner Laurie Van Dalen, present Staff Michael Martin, City Planner Alan Kantrud, City Attorney 6. Unfinished Business: a. Sign Code Amendments – Temporary Banners and Window Signage The commission discussed the sign code amendments and whether or not the current code suffices, or if the regulations should be strengthened or relaxed in order to make a recommendation to the City Council. Commissioner Ulrich motioned that the Business and Economic Development Commission take no action on this item. Commissioner Hesley seconded the motion. Ayes: Ulrich, Hesley, Koppen, Van Dalen. Nays: Strauss The motion passed Packet Page Number 123 of 163 Attachment 3 Packet Page Number 124 of 163 Agenda Item I.2 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner Michael Thompson, City Engineer SUBJECT: Stormwater Management Ordinance Summary Publication (Super Majority Vote) DATE: June 21, 2010 for the June 28 City Council Meeting INTRODUCTION The city council adopted the stormwater management ordinance on June 14, 2010. The ordinance goes into effect upon publication. According to state law, the city council may direct that a summary of an ordinance be published rather than the entire stormwater management ordinance text. DISCUSSION State statute requires that summary ordinances give an accurate synopsis of the essential elements of the ordinance. Staff proposes the following language for the summary stormwater management ordinance: An Ordinance Creating New Stormwater Management Requirements 1. Applicability. The proposed standards and ordinance would apply to projects which result in new development and redevelopment on projects which encompass one-half acre (21,780 square-feet) or more of disturbed area or 5,000 square-feet or more of new impervious surface. 2. Runoff Rate. Runoff rates resulting from a project subject to the standards shall not exceed the pre-project runoff rates for the 2-year, 10-year, and 100-year critical duration storm events. 3. Water Quality Treatment.The city’s existing standards require the removal of 80% total suspended solids. The new standards and ordinance will require treatment through infiltration practices for runoff volumes of at least 1.0 inch over all new impervious and redevelopment impervious portions of a project. This is a new requirement by the Minnesota Pollution Control Agency (MPCA) under the city's National Pollutant Discharge Elimination System (NPDES) permit program, in order to conform to non-degradation requirements. Filtration practices must be designed for partial recharge (e.g., bioretention basin with under drains). These practices will receive 70% credit for the runoff volume treatment requirement of 1.0 inch. For projects where infiltration or filtration is not feasible, or is prohibited as described in the stormwater management standards, the project must provide treatment systems that remove 90% total suspended solids and 60% total phosphorus on an annual basis. Packet Page Number 125 of 163 4. Erosion Control. Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term “land disturbance activity” in the City’s Erosion and Sedimentation Control Ordinance. 5. Illicit Discharges. No draining or discharging into the storm sewer any pollutants or waters containing pollutants, other than stormwater. The following discharges are exempt: a. Water line flushing performed by a government agency, other potable water sources such as landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants. b. Discharges or flows from fire fighting, and other discharges specified in writing by the city as being necessary to protect public health and safety. 6. Coal Tar Sealants. The use of coal tar sealers on asphalt driveways is a common practice. Coal tar sealant products contain polycyclic aromatic hydrocarbons (PAHs), which are a group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Scientific studies have demonstrated a relationship between the use of these products on stormwater runoff and certain health and environmental concerns. The coal tar sealer section of the ordinance will prohibit any person from applying this material to any driveway, parking lot, or other surface in the city. Asphalt-based driveway sealers are still permitted as an alternative to coal tar sealants, which are not harmful on the environment. The purpose of the coal tar sealant ban is to protect, restore, and preserve the quality of our waters. The stormwater management ordinance goes into effect after publication. An official copy of the stormwater management ordinance is on file in the office of the Maplewood Community Development and Parks and Public Works Departments or can be obtained on the city’s website at www.ci.maplewood.mn.us/stormwater. Questions regarding this ordinance should be directed to Michael Thompson, City Engineer at (651) 249-2403 or michael.thompson@ci.maplewood.mn.us. RECOMMENDATION Adopt the above-mentioned stormwater management ordinance summary publication. Once approved by the city council, staff will publish the summary ordinance in the city’s official newspaper. 2 Packet Page Number 126 of 163 Agenda Item I3 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director David Fisher, Building Official SUBJECT:Heritage Preservation Ordinance Amendments – Second Reading DATE: June 21, 2010 for the June 28, 2010 City Council Meeting INTRODUCTION The Heritage Preservation Ordinance Amendments are being considered for approval of their second reading. The purpose of these amendments is to help achieve Certified Local Government Status. This amendment changes the name of the Historical Preservation Commission to Heritage Preservation Commission to be consistent with other communities throughout the State of Minnesota. BACKGROUND At the March 22, 2010, City Council Workshop staff and members of the Historical Preservation Commission had an open discussion about the amendments to the Historical Preservation Ordinance. Questions were answered about the ordinance and the city council directed staff to bring the HPC amendments to the city council. DISCUSSION A notification of a public hearing was published May 26, 2010, for amendments to Historical Preservation Ordinance. There was no public comment at the public hearing on June 14, 2010. At the June 14, 2010, City Council meeting the first reading of the Heritage Preservation Ordinance Amendments was approved by the City Council. RECOMMENDATIONS 1. Approve the second reading of the Heritage Preservation Ordinance amendments. nd P:\com-dev\HPC\HPC 2 Read memo 6-28-10 City Council meeting Attachments: 1. Final Draft HPC Ord. 1 Packet Page Number 127 of 163 AMENDMENT ORDINANCE NO. _______ THE HERITAGE PRESERVATION COMMISSION ORDINANCE Section 1 This amendment revises Sections 2-87 to 2-91 (additions are underlined and deletions are stricken): DIVISION 4 HERITAGE PRESERVATION COMMISSION (“Commission”) Section 2-87 Authority for Establishment There is hereby established for the City a Heritage Preservation Commission as an independent commission to the City Council, as provided in Minnesota Statutes Annotated Sections 471.193 and 138.51. Section 2-88 Statement of public policy and purpose The City Council hereby declares as a matter of public policy that the protection, preservation, perpetuation and use of places, areas, buildings, structures and other objects having a special historical, community or aesthetic interest or value is a public necessity and is required in the interest of the people. The purpose of this Chapter is to: (a) Safeguard the cultural resources of the City by preserving sites, structures, districts and landmarks which reflect elements of the City's cultural, social, economic, political or architectural history; (b) Protect and enhance the City's attractions to residents and visitors; (c) Foster civic pride in the beauty and notable achievements of the past; (d) Enhance the visual and aesthetic character, diversity and interest of the City; and (e) Promote the use and preservation of historic sites and landmarks for the education and general welfare of the people of the City. Section 2-89 Advisory body All actions of the Commission shall be in the nature of recommendations to the City Council, and said Commission shall have no final authority with reference to any matters, except as the Council may lawfully delegate authority to it. Section 2-90 Composition; Appointment; Qualifications; Terms (a) The Heritage Commission shall be composed of seven (7) members appointed by the City Council, who shall be residents of the City, and shall be 1 Packet Page Number 128 of 163 selected to assure that the Commission is representative of the various areas of the City and responsive to the needs of the people. (b) Commission membership shall be drawn from persons with demonstrated interest and/or expertise in historic preservation. If available in the community, at least two members of the Commission shall be heritage preservation-related professionals (e.g. the professions of history, architecture, architectural history, archeology, planning, real estate, design, building trades, landscape architecture, or law). A member of the Maplewood Heritage Preservation Commission is required to be a representative to the Ramsey County Historical Society. The City shall pay for the membership of the Commission or designee. (c) The members of the heritage preservation commission shall serve staggered terms. All appointments shall be assigned by the city council for a term of three years. Section 2-91 Officers Generally The chairperson and vice-chairperson of the Commission shall be elected by the Commission at the first meeting in January of each year from among the members of the Commission. The Chairperson shall be responsible for calling and presiding over all meetings and shall be entitled to an equal vote with other members of the Commission. If the Chairperson is unable to attend a meeting, the vice-chairperson shall conduct the meeting. Section 2-92 Designation of historic sites and landmarks (a) Procedures: The City Council, upon the request of the Commission, may by resolution designate an historic site, landmark, or district. Prior to such designation, the city council shall hold a public hearing, notice of which shall be published at least ten (10) days prior to the date of the hearing. Notice of the hearing shall also be mailed to all owners of property which is proposed to be designated as an historic site, landmark or district and to all property owners within five hundred (500) feet of the boundary of the area to be designated. Every nomination shall be forwarded to the Minnesota Historical Society for review and comment within sixty (60) days of the Commission’s request. (b) Eligibility criteria: In considering the designation of any area, site, place, district, building or structure in the city as an historic site, landmark, or district the Commission shall consider the following factors with respect to eligibility: (1) Its character, interest or value as part of the history or cultural heritage of the City, the State or the United States; (2) Its association with persons or events that have made a significant contribution to the cultural heritage of the City; (3) Its potential to yield information important in history or prehistory; 2 Packet Page Number 129 of 163 (4) Its embodiment of distinguishing characteristics of architectural type or style, or elements of design, detail materials or craftsmanship; and (5) Its unique location or singular physical appearance representing an established or familiar visual feature of a neighborhood or community of the City. Section 2-93 Alterations to landmarks, sites or districts; review (a) Review and recommendations generally: The Commission shall review and make recommendations to the Council concerning proposed alterations to an historic site, landmark or district. (b) Land use permit: Every application for a land use permit which may result in the alteration of a designated historic site, landmark or district in the City shall be reviewed by the Commission; thereafter, the Commission shall make a recommendation and may recommend conditions regarding approval to the City Council concerning the proposed permit. (c) Other building permits: The Commission shall review and make recommendations to the Council concerning the issuance of building permits to do any of the following in a historic district or State designated historic site: (1) New construction – New building or new addition to an existing building (2) Remodel – Alter, change or modify building or site (3) Move a building – Building or structure moved into the city. (4) Excavation – Dig out materials from the ground. (5) Demolition – Destroy, remove or raze – completely tear down (d) Factors considered: The Commission, upon receipt of the permit application and plans, shall determine if the work to be performed adversely affects the designated historic site, landmark or district. In determining whether or not there is an adverse effect to the historic site, landmark, or district the Commission shall consider the following factors: (1) Whether the work will significantly alter the appearance of the building or structure so as to remove the features which distinguish the historic site, landmark or district as a significant cultural resource. (2) Whether the use of the property will destroy, disturb or endanger a known or suspected archaeological feature site. (e) Standards and guidelines: The Comprehensive Plan adopted by the City shall be the authoritative guide to reviewing permits in relation to designated historic sites, landmarks and historic districts. 3 Packet Page Number 130 of 163 (f) Appeals: Any party aggrieved by a decision of the Commission shall within ten (10) days of the Commission’s action recommending denying the issuance of a building permit within a historic district have a right to appeal such decision to the City Council. The Commission in recommending denial of a building permit shall advise the applicant of his/her right to appeal to the City Council. The aggrieved party shall file with the Building Official a written notice requesting Council review of the action taken by the Commission. Section 2-94 Maintenance of records and documents The Commission shall conduct a continuing survey of cultural resources in the City which the Commission has reason to believe are or will be eligible for designation as historic sites, landmarks or districts. The Commission shall also prepare and maintain a Comprehensive map and survey. (a) Register of Historic Sites and Landmarks: The City shall maintain a register of historic sites and landmarks. (b) Repository for Documents: The office of the Building Official is designated as the repository for all studies, surveys, reports, programs, and designations of historic sites and landmarks. Section 2-95 Violation It shall be a misdemeanor to alter, disturb, deface or materially change the appearance or use of a designated historic site, landmark, or district without a permit. This ordinance shall take effect after the city publishes it in the official newspaper. This Historical Preservation Commission recommended approval of this ordinance on _____________________. The City Council approved this ordinance on ______________________________. _______________________________ Attest: Mayor ________________________________ City Clerk P: HPC 6 - 16 - 2010 Ord rev hpc 4 Packet Page Number 131 of 163 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 132 of 163 Agenda Item J1 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director SUBJECT:Goodwill—Design Review, Parking Waiver, Wetland Buffer Variances and Lot Combination LOCATION: 2580 and 2582 White Bear Avenue VOTE REQUIRED: Simple Majority Required for Approval of a Variance DATE: June 21, 2010 INTRODUCTION Jim Kellison, of Kelco Services, LLC, is proposing to demolish the two existing buildings at 2580 and 2582 White Bear Avenue and replace them with a new Goodwill store. Goodwill would move from their current location at Cope and White Bear Avenues. The proposed Goodwill store would be a one-story, 20,928-square-foot structure. Requests The applicant is requesting the following: Site and building design approval. A minor parking waiver to have eight fewer parking stalls than the code requires. Code requires 83 spaces. The site plan shows 75 proposed parking spaces with three “proof of parking” spaces to be put in if they are needed. A 70-foot wetland buffer variance from the creek on the north side of the site and a 15-foot wetland buffer variance from the Manage C wetland on the east side of the site. The code requires a 100-foot buffer from the creek and a 50-foot buffer from the Class C wetland. Approval of a lot combination since the site is presently comprised of two parcels. DISCUSSION Wetland Buffer Variances The following is an excerpt from Shann Finwall’s attached report regarding the wetland variance request: Wetland Ordinance : There is a Manage C wetland located on the east side of the property and a creek located to the north of the property, within the Ramsey County The city’s wetland ordinance requires a 50-foot buffer adjacent a Open Space. Manage C wetland and a 100-foot buffer adjacent a creek. Packet Page Number 133 of 163 The current development has concrete and Class 5 material built up to the edge of the Manage C wetland on the east side of the property (zero buffer), and building and asphalt are built within 10 feet of the north property line (which is approximately 30 feet from the edge of the creek). Redevelopment of the site will establish a 50-foot plus wetland buffer along the east side of the new parking lot to the Manage C wetland. However, the applicant is proposing a small portion of their infiltration trench within the wetland buffer (800 s.f., which encroaches up to 15 feet into the buffer). The wetland ordinance does not permit a 15-foot buffer variance is required stormwater facilities within a buffer and as such adjacent the Manage C wetland, on the east side of the property. On the north, the new parking lot will maintain a 15-foot setback from the property line, with an overall buffer from the creek averaging 45 feet, which would require a 55-foot wetland buffer variance. However, the applicant is proposing raingardens (stormwater facilities) between the parking lot and the property line (within the new buffer). For this a 70 foot buffer variance is requiredadjacent the creek, on the north side reason, of the property. Overall, the redevelopment of the site will create improvements to the management of stormwater and the buffers of the wetland and creek. As such, staff is supportive of the buffer variances as long as they are mitigated. The minimum mitigation required for buffer restoration without a variance request is to seed the buffer with a native seed mix. The mitigation of the buffer variances should go above and beyond just seeding within the buffer. The applicant’s landscape plan shows seeding the wetland buffer with a native wetland mix, and planting several trees and shrubs within the buffer. There is no mitigation proposed along the creek. Staff is supportive of the proposed wetland buffer variances for the following reasons: 1. Strict enforcement of the ordinance would cause the applicant undue hardship because complying with all of the wetland buffer requirements stipulated by the ordinance would deplete the site area by approximately one half of its original size, substantially diminishing the development potential of this lot. 2. Approval of the requested wetland buffer variances would benefit the adjacent wetland and creek because the site is presently developed up to the wetland and creek edges. 3. Approval would meet the spirit and intent of the ordinance since the proposed restoration and mitigation of the wetland and creek buffers will greatly improve the quality of the creek to the north and the wetland to the east. 4. The Ramsey Washington Metro Watershed District has approved the applicant’s plans. 2 Packet Page Number 134 of 163 Design Considerations Building Design The proposed building would have an exterior of rock-face concrete block, single-scored concrete block on all sides. The front of the building would have six windows and an entryway detailed with E.I.F.S. (exterior insulation finish system). The building colors would be beige and brown tones. The four primary building corners would also be detailed with columns constructed of rock-face and single-scored concrete block. City code requires that proposed commercial buildings be compatible in design and materials with the surrounding buildings. The surrounding buildings are primarily constructed of textured concrete block and E.I.F.S. By this comparison, the proposed Goodwill would be compatible with these neighboring buildings. The community design review board recommended that the applicant add architectural detailing to the north and south sides of the building and to provide a bike rack. The applicant has made these changes. The detailing on the sides of the building carries the column details onto the side elevations. Roof Equipment Screening The city ordinance requires that roof-top mechanical equipment be screened from the view of residences. There are no residential properties nearby to require screening, however, any visible roof-top equipment must be painted to match the building. Trash Enclosure There would not be an outdoor trash storage area such as dumpsters within an enclosure. All trash would be kept inside the building and there would be a trash compactor located by the loading dock in the rear of the building. Lighting Plan The applicant’s lighting plan complies with code requirements. Parking Waiver The applicant is requesting a minor parking waiver to have eight fewer parking stalls than the code requires. Code requires 83 spaces. The site plan shows 75 proposed parking spaces with three “proof of parking” spaces to be put in if they are needed. Staff doesn’t see any problem with the site plan being eight spaces short. There would still be adequate parking to serve the proposed building. On any given day, staff has observed 30 to 40 cars at the existing Goodwill store during business hours. Parking Stall Dimensions The applicant is proposing 10-foot-wide parking spaces as required by ordinance. 3 Packet Page Number 135 of 163 Shared Access and Egress from the Site This property presently has driveway and parking lot connections to the Discount Tire Store to the south. The applicant proposes to maintain these connections and continue to share the existing driveway access to White Bear Avenue. This will be Goodwill’s only access to White Bear Avenue. The applicant would like to be permitted to continue to have left turn exits onto White Bear Avenue as currently exist. The city has restricted left turns onto White Bear Avenue in recent development approvals. Staff’s feeling is that White Bear Avenue is too busy to permit left turn exits. Staff recommends limiting exits to right turns only. Refer to the engineering report from Steve Kummer. Sidewalk The city has been requiring sidewalks along the east side of White Bear Avenue with recent projects. The most recent was the former Washington County Bank (now Alerus Financial) to the south. They installed a sidewalk along their street frontage. Staff recommends that the applicant provide a sidewalk along the street frontage to follow the city’s goal of getting sidewalks installed when land is proposed for development. Setbacks The proposed building and parking lot setbacks meet code requirements for setbacks from property lines. Landscaping The proposed landscaping would be attractive. Environmental planner, Shann Finwall, and natural resources coordinator, Ginny Gaynor, have reviewed the rain garden plantings and recommend that planting varieties be the types that require less water since the gardens have been designed to drain rapidly and dry out quickly. Lot Combination The site is presently comprised of two parcels which makes sense for the two buildings currently on the site. However, with the removal of those buildings and with the proposed singular Goodwill building meant to occupy the entire site, it is appropriate to combine these lots into one. Engineering Comments Refer to the report by Steve Kummer of the Maplewood Engineering Department dated June 18, 2010. Mr. Kummer’s conditions noted in his report should be made conditions of this project. Building Official’s Comments Dave Fisher, the Maplewood Building Official, had the following comments: 4 Packet Page Number 136 of 163 The city will require a complete building code analysis when the construction plans are submitted to the city for a building permit. Provide accessible parking spaces per the 2006 IBC, International Building Code. Provide address numbers on the building. All exiting must go to a public way. Provide fire department access to the building. The buildings must be fire sprinklered. It is recommended that the builder have a pre-construction meeting with the city building inspection department prior to beginning the project. Police Chief Thomalla reviewed the proposal and has the following comments: Only right turns should be allowed onto White Bear Avenue. The developer should be required to install a “pork chop island” in the curb cut to require right turns in addition to a “right-turn-only” sign. The loading dock area would be isolated. Therefore, the developer should provide a security system with an alarm and security lighting. Fire Marshal Butch Gervais, the Maplewood Assistant Fire Chief, reviewed the proposal and stated the following: A fire-protection system must be provided. There must be fire department access to the building. Abide by all state and local codes. COMMISSION ACTIONS On May 25, 2010, the community design review board recommended approval of the plans for the proposed Goodwill store. The board moved approval of staff’s recommendation, but also required that the applicant revise the plans to provide a bike rack and to add decorative design elements to the north and south building elevations, subject to staff approval. 5 Packet Page Number 137 of 163 On June 15, 2010, the planning commission recommended approval of the wetland buffer variance, the parking waiver and the lot combination requests. RECOMMENDATIONS A. Approve the civil-engineering plans date-stamped May 4, 2010 and the revised site, landscaping and architectural plans date-stamped June 7, 2010 for the proposed Goodwill store at 2580 White Bear Avenue. Approval is subject to the findings required by ordinance and subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Comply with the requirements in Steve Kummer’s engineering report dated June 18, 2010. 3. Comply with the requirements in the Environmental Review report by Shann Finwall and Ginny Gaynor dated June 21, 2010. 4. Before getting a building permit, the applicant shall do the following: a. Resubmit the landscaping plan for staff approval to meet all requirements of the environmental planner and natural resources coordinator for all areas involving wetland buffers, rainwater gardens, stormwater ponds and tree replacement. b. All areas on the landscaping plan shown as lawn shall be sod not seed. c. Provide cross easements between Discount Tire and the proposed Goodwill site. d. Obtain wetland buffer variances from the city council. e. Provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of the landscaping, wetland buffer/storm pond plantings and other site improvements that may not be installed by occupancy. An irrevocable letter of credit shall include the following provisions: The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand. The letter of credit shall have a stipulation indicating automatic renewal, with notification to the city by certified mail a minimum of 60 days prior to its expiration. 5. Before getting a certificate of occupancy, the applicant shall: a. Comply with or complete all aspects of these plans or any required revisions. 6 Packet Page Number 138 of 163 b. Install a concrete sidewalk as shown on the plans. The dimensions and location of this sidewalk shall be subject to staff approval. This sidewalk shall be ramped at the driveway crossing. c. Paint the roof-top equipment to match the building as required by code. d. Provide in-ground lawn irrigation as required by code. e. Comply with all requirements of the fire marshal, building official and police departments. f. Install a “no left turn” sign and a stop sign at the exit onto White Bear Avenue. There shall also be a “pork chop” divider or island installed in the driveway curb cut to force right turn exits. g. Provide on-site traffic directional signs guiding cars to the donation drop-off area, due to the one-way traffic flow proposed. 6. The community design review board shall review major changes to these plans. Minor changes may be approved by staff. B. Approval of a parking waiver allowing the applicant to provide eight fewer parking spaces than the city code requires. C. Adopt the resolution approving wetland buffer variances from the creek on the north side of the site and the Manage C wetland on the east side of the site. Approval is based on the following reasons: 1. Strict enforcement of the ordinance would cause the applicant undue hardship because complying with all of the wetland buffer requirements stipulated by the ordinance would deplete the site area by approximately one half of its original size, substantially diminishing the development potential of this lot. 2. Approval of the requested wetland buffer variances would benefit the adjacent wetland and creek because the site is presently developed up to the wetland and creek edges. 3. Approval would meet the spirit and intent of the ordinance since the proposed restoration and mitigation of the wetland and creek buffers will greatly improve the quality of the creek to the north and the wetland to the east. 4. The Ramsey Washington Metro Watershed District has approved the applicant’s plans. Approval of the wetland buffer variances shall be subject to complying with all of the conditions of approval in the Environmental Review report by Shann Finwall, Maplewood Environmental Planner, and Ginny Gaynor, Maplewood Natural Resources Coordinator, dated June 21, 2010. 7 Packet Page Number 139 of 163 D. Approval to combine the two lots currently addressed as 2580 and 2582 White Bear Avenue into one legally-described property. The applicant shall provide evidence that these lots have been combined as one before getting a building permit. 8 Packet Page Number 140 of 163 REFERENCE INFORMATION SITE DESCRIPTION Site size: 2.81 acres Existing Use: Mogren Landscaping and an office building SURROUNDING LAND USES North: Bachman’s South: Discount Tire East: Open space owned by Ramsey County West: White Bear Avenue and Maple Ridge Shopping Center PLANNING Land Use Plan: C (commercial) Zoning: BC (business commercial) Findings for Variance Approval State law requires that the city make two findings before granting a variance. These are: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. Undue hardship, as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and a variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. APPLICATION/DECISION DEADLINE We received the complete application and plans for this proposal on May 4, 2010. State law requires that the city take action within 60 days of receiving complete applications. The deadline for city action on this proposal is July 3, 2010. 9 Packet Page Number 141 of 163 p:sec11\Goodwill\Goodwill CC Report 6 10 te Attachments 1. Location Map 2. Wetland Map 3. Site Plan 4. Landscape Plan 5. Building Elevations 6. Applicant’s Letter of Request dated April 20, 2010 7. Environmental Review dated correct June 21, 2010 8. Engineering Plan Review dated June 18, 2010 9. Variance Resolution 10. Plans date-stamped May 4, 2010 and June 7, 2010 (separate attachments) 10 Packet Page Number 142 of 163 Packet Page Number 143 of 163 Packet Page Number 144 of 163 Packet Page Number 145 of 163 Packet Page Number 146 of 163 Packet Page Number 147 of 163 Packet Page Number 148 of 163 Packet Page Number 149 of 163 Packet Page Number 150 of 163 Packet Page Number 151 of 163 Packet Page Number 152 of 163 Packet Page Number 153 of 163 Packet Page Number 154 of 163 Attachment 9 VARIANCE RESOLUTION WHEREAS, James Kellison, of Kelco Services, LLC, applied for a variance from the wetland protection ordinance. WHEREAS, this variance applies to property located at 2580 and 2582 White Bear Avenue. The property identification numbers for these properties are: 11-29-22-21-0060 and 11-29-22-21-0061 WHEREAS, Ordinance No. 895, the Environmental Protection and Critical Area Ordinance dealing with Wetlands, requires a wetland protection buffer of 100 feet in width adjacent to creeks and a wetland protection buffer of 50 feet in width adjacent to Manage C wetlands. WHEREAS, the applicant is proposing wetland protection buffers of 30 feet, requiring a variance of 70 feet, from the creek and a wetland protection buffer of 35 feet from the Manage C wetland, requiring a variance of 35 feet. WHEREAS, the history of this variance is as follows: 1. On June 15, 2010, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve these variance requests. On June 23, 2010, the environmental and natural resources commission reviewed these variances and recommended __________. 2. The city council held a public meeting on June 28, 2010, to review this proposal. The council considered the report and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above- described variances based on the following reasons: 1. Strict enforcement of the ordinance would cause the applicant undue hardship because complying with all of the wetland buffer requirements stipulated by the ordinance would deplete the site area by approximately one half of its original size, substantially diminishing the development potential of this lot. 2. Approval of the requested wetland buffer variances would benefit the adjacent wetland and creek because the site is presently developed up to the wetland and creek edges. 3. Approval would meet the spirit and intent of the ordinance since the proposed restoration and mitigation of the wetland and creek buffers will greatly improve the quality of the Packet Page Number 155 of 163 creek to the north and the wetland to the east. 4. The Ramsey Washington Metro Watershed District has approved the applicant’s plans. Conditions of Approval Approval of the wetland buffer variances shall be subject to complying with all of the conditions of approval in the Environmental Review report by Shann Finwall, Maplewood Environmental Planner, and Ginny Gaynor, Maplewood Natural Resources Coordinator, dated June 21, 2010 attached to this resolution. The Maplewood City Council approved this resolution on _________, 2010. Packet Page Number 156 of 163 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 25, 2010 V. DESIGN REVIEW a. Goodwill, 2580 White Bear Avenue Planner Martin presented the staff report for this request to demolish the two existing buildings at 2580 and 2582 White Bear Avenue and replace them with a new Goodwill store. Planner Martin noted that the proposed Goodwill store would be a one-story, 20,928-square-foot structure. Mr. Martin explained that part of this request is to allow Mogren Landscaping to temporarily set up a landscaping materials site on property they own on the west side of White Bear Avenue. Jim Kellison, of Kelco Services, LLC, was present representing the applicant. Mr. Kellison showed examples of the exterior materials proposed for use on this building. Boardmember Shankar asked if the turning radius is sufficient to allow the trucks access to the site. Mr. Kellison responded that Goodwill usually uses nothing larger than a 43-foot box truck and he described several options the trucks have to access the site. Boardmember Wise asked if the plans include a bike rack or if Goodwill would consider installing a bike rack for bikers’ use. Mr. Kellison was in favor of a bike rack and said he would suggest that one be installed. Mr. Kellison explained that Goodwill is updating all of their 18 Minnesota stores and this new construction proposal for the Maplewood store is modeled after their Woodbury store. Carol Guzzo, 1876 County Road C East, asked if Discount Tire is aware of the use of their property. Mr. Kellison responded that there is an existing cross-use easement agreement between Discount Tire and the Mogren property. Mr. Kellison said there is one modification that has been made to the agreement pertaining to the new layout of the parking lot, which Discount Tire is in the process of signing, and they are aware that Goodwill will be using the easement. Ms. Guzzo asked where Mogren Landscaping would have their temporary material storage site. Staff explained the storage would be on property owned by the Mogrens on the west side of White Bear Avenue, south of County Road C. The board discussed the need for an additional element on the façade on the west side of the building as a transition to the north and south elevations. Boardmember Shankar moved to approve the plans date-stamped May 4, 2010 for the proposed Goodwill store at 2580 White Bear Avenue. Approval is subject to the findings required by ordinance and subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Comply with the requirements in Steve Kummer’s engineering report dated May 13, 2010. Packet Page Number 157 of 163 Community Design Review Board -2- Minutes of 05-25-10 3. Comply with the requirements in the Environmental Review report by Shann Finwall and Ginny Gaynor dated May 14, 2010. 4. Before getting a building permit, the applicant shall do the following: a. Revise the landscaping plan for staff approval to meet all requirements of the environmental planner and natural resources coordinator for all areas involving wetland buffers, rainwater gardens, stormwater ponds and tree replacement. b. Revise the landscaping plan for staff approval providing front street-frontage plantings equivalent to the abutting properties to the north and south. Also, all lawn areas shall be sodded, not seeded, since the plans had not specified this. c. Revise the site plan to show a concrete sidewalk along the property frontage. The dimensions and location of this sidewalk shall be subject to staff approval. This sidewalk shall be ramped at the driveway crossing. d. Revise the site plan with parking spaces that are 10 feet wide. e. Revise the lighting plan for staff approval showing compliance with the code requirement for no more than .4 footcandles of light intensity at the property lines. f. Provide cross easements between Discount Tire and the proposed Goodwill site. g. Obtain wetland buffer variances from the city council. h. Provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of the landscaping, wetland buffer/storm pond plantings and other site improvements that may not be installed by occupancy. This escrow shall also be applied to the Mogren Landscaping temporary site west of White Bear Avenue for maintenance or removal of the materials and equipment should the property owner not proceed with their permanent development on this site by October 2010. i. Applicant shall revise the north and south elevations to accommodate the breakup of the façade. Applicant has the flexibility to propose either a pilaster or banding with different colors. This elevation submission shall be subject to staff approval. An irrevocable letter of credit shall include the following provisions: The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand. The letter of credit shall have a stipulation indicating automatic renewal, with notification to the city by certified mail a minimum of 60 days prior to its expiration. 5. Before getting a certificate of occupancy, the applicant shall: a. Comply with or complete all aspects of these plans or any required revisions. b. Pain the roof-top equipment to match the building as required by code. Packet Page Number 158 of 163 Community Design Review Board -3- Minutes of 05-25-10 c. Provide in-ground lawn irrigation as required by code. d. Comply with all requirements of the fire marshal, building official and police departments. e. Install a “no left turn” sign and a stop sign at the exit onto White Bear Avenue. There shall also be a “pork chop” divider or island installed in the driveway curb cut to force right turn exits. f. Provide on-site traffic directional signs guiding cars to the donation drop-off area, due to the one-way traffic flow proposed. g. Applicant shall provide a bike rack for 10 bikes with a maximum reduction of 2 car stalls. 6. The community design review board shall review major changes to these plans. Minor changes may be approved by staff. Boardmember Wise seconded Boardmember Wise suggested a friendly amendment to change item 5.g. to require a bike rack for 4 to 6 bikes due to the smaller size of this project. Boardmember Shankar accepted the friendly amendment. Boardmember Shankar offered a friendly amendment to require that the bike rack be placed in a location so there is no reduction in the number of parking stalls. Boardmember Wise accepted the friendly amendment. The board voted: ayes – all The motion passed. Packet Page Number 159 of 163 Agenda Item L1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director SUBJECT: Rice/36 Interchange Improvements, Project 09-07, Resolution of Concurrence with Ramsey County for Award of Bid DATE: June 21, 2010 INTRODUCTION In order for Ramsey County to award the interchange project to a contractor, concurrence is needed from the city of Maplewood, in addition to the cities of Little Canada and Roseville. BACKGROUND / DISCUSSION Final plans and specifications for the project improvements were approved by the council on March 8, 2010, and council authorization was given to Ramsey County for advertising and bidding the project. Those bids were received and read aloud on June 21, 2010. The final Ramsey County estimate for construction before bidding was $20,843,000. After the opening the bid results were tabulated and reviewed by the County. The preliminary tabulation is as follows with Lunda Construction Company as the apparent low bidder. CONTRACTORBID 1.LUNDA$16,590,088.00 2.SHAFER$17,223,481.81 3.C.S.MCCROSSAN$17,459,271.00 4.AIMSCONSTRUCTION$17,472,722.61 5.EDKREMER&SONS$17,476,514.62 6.REDSTONECONSTRUCTION$18,263,415.79 7.FORESTLAKE$18,937,497.70 8.PARKCONSTRUCTION$20,179,916.14 BUDGET Maplewood’s share was expected to be $120,000, as outlined in the cooperative agreement approved by the council on June 14, 2010. However, with bid prices 20% below original projections it is likely the local contributions from all three cities can be substantially reduced according to Ramsey County. Once the revised contribution is calculated a budget adjustment and recommendation on special assessments will be brought back to the council for consideration. RECOMMENDATION It is recommended that the city council approve the attached Resolution of Concurrence with Ramsey County for Award of Bid for the Rice/36 Interchange Improvements, Project 09-07. Attachments: 1. Resolution: Award of Bid 2. Location Map Packet Page Number 160 of 163 Agenda Item L1 Attachment 1 RESOLUTION CONCURRENCE FOR AWARD OF BID BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Lunda Construction Company in the amount of $16,590,088.00 is the lowest responsible bid for the construction of the Rice/36 Interchange Improvements – City Project 09-07, and per the cooperative agreement between Ramsey County and the City of Maplewood (Agreement PW 2010-15), the City of Maplewood, through this resolution, is signifying concurrence in order for Ramsey County to enter into a construction contract with Lunda Construction Company for said improvements. Adopted by the council this 28th day of June 2010. Packet Page Number 161 of 163 Agenda Item L1 Rice Street / TH 36 Interchange Attachment 2 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 Packet Page Number 162 of 163 Agenda Item M1 AGENDA REPORT TO : James Antonen, City Manager FROM: Charles Ahl, Assistant City Manager SUBJECT:Audit of 2009 Comprehensive Annual Financial Report – Schedule Information DATE:June22, 2010 INTRODUCTION Annually, the City’s Finance staff prepares the Comprehensive Annual Financial Report [CAFR]. This report is a disclosure and report on the financial status and transactions that occurred during each calendar year. The CAFR is prepared under the review and analysis of an independent audit firm. The City’s auditor is HLB Tautges, Redpath, Ltd. The auditor team from Tautges who are conducting the audit are Dave Mol and Andy Hering. The audit team has been working with the existing staff to have the final documents for the audit prepared and have requested a few additional weeks to prepare the final document and report to the City Council on their findings. The original date for presentation of the audit was planned for June 28, 2010. All financial information is nearly complete and all financial information will be completed by June 25, 2010. The audit team will be working with finance staff over the next 2-3 weeks to finalize all the documents. With a couple of scheduled vacations in early July, the final date for the audit information thth to July 26. This delay has been communicated to the State Auditor, has been moved from June 28 who monitors all audits of City financial disclosures. The State Auditor’s Office has confirmed this delay and granted Maplewood a 45-day extensionto August 15, 2010. Action Required No action is recommended as this is presented as information on the audit presentation schedule. The Council will receive the audit report on July 26, 2010as part of the regular Council meeting. Packet Page Number 163 of 163