HomeMy WebLinkAbout2001 04-23 City Council Manager Workshop Packetx
+, r
r
r�
t �
CITY COUNCIL/MANAGER WORKSHOP
Monday, April 23, 2001
Council Chambers, City Hall
6:00 p.m.
AGENDA
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. NEW BUSINESS
1. Joy Park
2. Advisory Board Appointment Process
E. FUTURE TOPICS
1.
2.
F. ADJOURNMENT
AGENDA ITEM N....O
TO:
FROM:
SUBJECT:
DATE:
Introduction
Richard Fursmo, City
J , n ., t
,a 911
s and Recreation
Joy Park
April 17, 2001, for April 23, 2001, City Council Meeting
Action by Council
Date
Endorsed
Modified
Rejected
J
The North St. Paul City Council adopted a resolution on April 4 requesting the City of
Maplewood annex Joy Park to their city. Joy Park is a 61 -acre park located at Joy
Road and Century Avenue that was transferred to the city in 1996 by Ramsey County.
The City of Maplewood has maintained the site since that time and has done minimal
improvements, including buckthorn removal, new signage and standard building and
shelter repairs.
Background
The Maplewood Parks and Recreation Commission has been studying the issue of Joy
Park for the past three months on a fairly intense level, and informally been discussing
it for over a year. Joy Park, arguably, has the potential to be the finest park within the
Maplewood park system. The site is 61 acres in size and includes over a half mile of
lake shore on Silver Lake. Joy Park has the only city -owned public boat launch and the
potential for developing a public swimming beach.
I have included a variety of memorandums, that I have prepared and forwarded to the
park and recreation commission, for your edification. The parks and recreation
commission met on Monday, April 16 and made two motions for city council
consideration. The first motion was to strongly deny the request from North St. Paul for
annexation of Joy Park. This motion passed unanimously and the commission feels
strongly that annexation would not meet the best needs of the Maplewood residents as
we would loose control of future development and any future operations.
The second motion was to recommend the city council forward a letter to the City of
North St. Paul requesting they submit a proposal, which would address the 18 issues in
the April 13 staff memo prior to.the city considering leasing Joy Park to North St. Paul.
MEMO
It is the position of the parks and recreation commission and staff that it would be
advantageous for both cities for North St. Paul to submit a specific proposal as to how
Joy Park 2 April 17, 2001
they would develop the site and what their future intentions are in some detail. The
park commission has identified 18 issues and there may well be others that the city
council and /or yourself would like to have addressed by North St. Paul as well.
The final disposition of Joy Park is a primary goal of the parks and recreation
commission in the year 2000. It is their contention that this goal can best be met by
allowing North St. Paul an opportunity to submit a proposal to Maplewood as to how
they would develop and maintain and operate Joy Park to insure that it is in the best
interest of the City of Maplewood.
Recommendation
Staff recommends that City Manager Fursman draft a letter to the City of North St. Paul
indicating that annexation of Joy Park is not an option the City of Maplewood would
consider at this time; and furthermore, that the City of Maplewood would request a
proposal from North St. Paul that would address the 18 issues as identified, and that
Maplewood would support a lease agreement.
�►ty c)
TH
ST. PAUL
April 4, 2001
Mr. Richard Fursman, City Manager
City of Maplewood
1830 E. County Road B
Maplewood, MN 55109 -2702
Dear Richard,
2 ea S C'ventb Avenue
North S ai nt Paid Minne S 109
Recently, Joy Park has become a mutual topic of discussion in both our communities.
The genesis of the discussion goes way back before our time in office, but, since our park
and recreation commissions met jointly last summer, discussions of what to do with the
park have intensified. In fact, the park was a primary topic at our joint council meeting
last month. Despite everyone's best intentions to resolve park related issues, no
conclusions were reached. Unfortunately, park issues remain again, on dead center.
Our City Council strongly desires to move discussion of this issue forward. We also wish
to do it in a fashion that is respectful to the City of Maplewood and sensitive to the needs
of all park users. Therefore, on the recommendation of its Park and Recreation
Commission, the North Saint Paul City Council adopted the enclosed resolution. It
expresses the City's desire to acquire and annex Joy Park into the City of North Saint
Paul. At the core of our reasons is popular public sentiment that the park is located in
North Saint Paul. Secondly, the close proximity of our City's resources may better serve
the park.
The council has authorized me to send this letter in hopes of meeting to discuss the
possibility of such a resolution. We know there are other possible solutions, but this is the
one our City is most inclined to pursue. We are open and willing to accommodate your
thoughts and concerns relative to taking the next steps.
Thank you for your consideration. I look forward to your call.
Sincerely,
a
1 �
/ � r
Walter T. Wysopal
City Manager
Enclosure
cc: Mayor and Council
Your bo inet()ltw . . . wltb a f 11M IT 1' ('rITLlt c1S ltS IMS1.
Resolution No. 01-
RESOLUTION DECLARING INTEREST IN THE ACQUISITION AND
ANNEXATION OF JOY PARK
WHEREAS, the City of North Saint Paul is a duly formed unit of local government in the
State of Minnesota located in the County of Ramsey; and
WHEREAS, Joy Park is a municipal park owned, operated and located in the City of
Maplewood, Minnesota, County of Ramsey; and
WHEREAS, Joy Park is tangential to the City of North Saint Paul but commonly
perceived by the public as being located within the City of North Saint Paul; and
WHEREAS, three - quarters of Silver Lake shoreline are located in the City of North Saint
Paul; and
WHEREAS, Joy Park could benefit by improved maintenance and policing through the
close proximity of the North Saint Paul Public Works and Police Departments; and
WHEREAS, the City of North Saint Paul Park and Recreation Commission has
recommended to the North Saint Paul City Council to acquire and annex Joy Park to the
City of North Saint Paul.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of North Saint
Paul that it directs the City Manager to enter into negotiations with the appropriate
officials from the City of Maplewood to acquire and annex the property commonly
known as Joy Park.
Adopted this 2 nd day of April 2001, on a motion from Council member Kuehn and
seconded by Council member Lillie.
Voting; All yes,
J
9 5
Mayor
Attest:
City Manager
MEMORANDUM
1
TO: Maplewood Parks an ecr ation C minis io
FROM: Bruce K. Anderson Director s and ecreation
DATE: April 12, 2001 for the A , 20p; Pa, k and Recreation Commission Meeting
SUBJECT: Joy Park
I
INTRODUCTION
The Maplewood City Council held a joint meeting with the North St. Paul City Council in March
and the subject of Joy Park was formally discussed. The North St. Paul City Council
requested that the City of Maplewood consider leasing, annexing or permitting the City of
North St. Paul to have greater involvement in the future development of Joy Park.
The . Parks and Recreation Commission reviewed this issue at their regularly scheduled March
meeting. Enclosed is a formal resolution dated April 4 from the North St. Paul City Council
requesting that Joy Park be formally annexed to the City of North St. Paul.
BACKGROUND
Joy Park is a 61 -acre site that was deeded to the City of Maplewood five years ago from
Ramsey County. Joy Park served as a regional facility for years, but did not meet the criteria
of a large county system. For six years the city has maintained the site, but has only done
minimal improvements including buckthorn removal, signage and painting, as well as the
standard park repairs.
The commission reviewed this issue at some length at their March meeting and identified 18
issues that need to be resolved and /or discussed. The issues are as follows:
1. Joy Park is in effect two parks in one. The south side of the park is more active with the
developed shoreline of Silver Lake including two parking lots, boat launch, restroom
facilities and three picnic shelters. The north side of Joy Park has been identified as a
neighborhood park preserve and consists of 2/3 or 40 acres of the 61 -acre site.
The discussion point is: Does the City of North St. Paul desire "control" of both sides of
Joy Road or are they strictly interested in the southern, more active lake property?
2. Formal development plans need to be prepared so that both communities have an
understanding of what the future may hold. Proposed issues and questions that need to
be discussed within the plan include but are not limited to: picnic facilities (including a
large, regional shelter), swimming beach, trail system, restrooms, clearing of under
story,
disc golf, playground equipment and fishing pier. A preliminary plan needs to be
prepared; the question is who should prepare it, who should fund it and what the process
for community involvement should be.
3. Is it feasible to relocate Joy Road to the north to create a larger park environment. The
second option would be for Joy Road to be a cul -de -sac so that it would not be a through
street.
4. We need to improve Joy Park site lines for police surveillance and general safety
throughout the park. A vegetation plan needs to be developed to identify trees that need
to be removed, thinned out and /or buckthorn removal
5. In conjunction with the development plans, development costs and an implementation
process needs to be identified. Included in this item are specific funding plans, who
would be responsible for what and a time period be for developing the site.
6. The question of policing and maintenance of the site was raised. Should the City of
North St. Paul and /or cooperative joint policy agreements be arranged, who would be
responsible for policing. The question was raised whether the City of North St, Paul has
adequate staff levels to maintain and police the site should it serve a larger regional
population.
7. If the city were to enter into some type of lease, annexation or deeding of Joy Park to the
City of North St. Paul, the question of access to Maplewood residents was raised. This is
a significant issue to Maplewood and is a potential "deal breaker." The City of
Maplewood has taken a position that if equal accessibility to the site were not a part of
the "deal ", Maplewood would not continue with further discussions. Specific issues
regarding access would include fee structures, picnic rentals, reservations, parking, etc.
8. The City of Maplewood desires to approve future development project for the park. The
question of how much review process is necessary for Maplewood was raised. The
issues of reviewing development included was not limited to types of amenities, costs,
years of funding and possibly construction oversight.
9. Joy Park is a key link for the Maplewood trail system. Joy Park is an intergral part of the
Lake Links Trail project and an internal trail system around Silver Lake need to be
incorporated as part of our discussion. The major part of this discussion needs to be
who will fund the trail corridors and be responsible for the maintenance.
10. The issue of water quality was raised, particularly as it relates to lake elevation. The City
of Maplewood currently is responsible for contacting the state to control the elevation of
the water when it gets too high and could potentially cause flooding. The majority of
homes affected by water levels are in North St. Paul. It is logical for this responsibility to
be turned over to the City of North St. Paul, regardless of the ownership of Joy Park.
11. The issue of how the arrangement for developing Joy Park needs to be resolved. Would
it be a lease agreement, annexation, outright sale, etc.? Preliminary discussions from
Ramsey County indicate that as long as the site remains as a public park, there
involvement would be minimal.
12. The issue of safety (or perception) is significant at Joy Park. Security lighting throughout
the park, trail system, parking lot and picnic facilities needs to be addressed.
13. There currently is a state funded boat launch at Joy Park. Issues of whether it should be
expanded and /or redeveloped and does additional parking question need to be
addressed.
14. What community input needs to be garnered for this process? Will there be a joint
meeting between North St. Paul and Maplewood residents? Would it be handled at the
Council level? How much input would the abutting neighbors have as compared to
residents in southern Maplewood?
15. The issue of liability and insurance was raised, particularly as it relates to a lease
agreement. At some point in time, legal involvement would have to be incorporated to
draft an agreement to resolve this issue.
16. Specific time tables need to be identified to determine when the project would take place,
what the funding cycle would be and who would be responsible for adherence to the
identified time schedule.
17. Signage for the site would be significant. Questions were raised as to Maplewood's
name identification on the signage given the fact that the park site is located within
Maplewood's boundaries.
18. If the lease agreement were to be the direction pursued by the City of Maplewood,
specific language would need to be identified regarding a review system to ensure that
the City of North St, Paul were adhering to the agreed upon issues.
Staff recommends that the Parks and Recreation Commission begins to address these issues
in a logical, timely manner. The Maplewood City Council has requested that the Commission
provide a recommendation to the North St. Paul resolution requesting annexation.
Staff recommends that the city should pursue a lease arrangement rather than annexation.
_ believe that annexation would not be an appropriate avenue to follow, as it would limit the
city's involvement, control and oversight.
RECOMMENDATION
Staff recommends that the Commission make a specific recommendation regarding
annexation and begin to address the 18 issues as well as define additional issues prior to the
final recommendation. It is my hope that this issue can be resolved and a final
recommendation provided to the Maplewood City Council by July 1, 2001.
kdl oypark2.mern
Enclosure
MEMORANDU
TO: Parks and Recreation Co r sto
FROM: Bruce K. Anderson, Director
DATE: March 12, 2001 for the March$,
Meeting �
SUBJECT: Joy Park
INTRODUCTION
Recreation
rks and Recreation Commission
Ramsey County deeded Joy Park to the City of Maplewood in 1994. The 61 -acre park site is
located on the north shore of Silver Lake at the intersection of Joy Road and Century Avenue.
Joy Park was a county facility which did not meet their criteria for size and regional
significance. The city has been maintaining the site since 1994. We have not done any
physical improvements other than some minor trail restoration and minimal buckthorn
removal.
BACKGROUND
Joy Park has a long and varied history with the Maplewood Parks and Recreation
Department. From approximately 1965 through 1985, Joy Park served as the host site for
Camp Silver Maple. Camp Silver Maple was a day camp program, which was one of the most
popular programs offered by the Maplewood Parks and Recreation Department. Joy Park was
a county facility until it was deeded to Maplewood in 1994 along with six other county park
sites.
The site is 61 -acres in size and has two open -air picnic shelters, two parking lots, two
restroom facilities and a public boat launch. Park usage has declined greatly in the past ten
years due to minimal development and inappropriate conduct.
The North St. Paul City Council has formally requested the City of Maplewood to consider
deeding, leasing or annexing Joy Park to the City of North St. Paul. The City of North St. Paul
has indicated that this is a high priority for their community and it would be their intent to
develop the site with picnic facilities, trail corridors and possibly a swimming beach. The
Maplewood City Council has referred this issue to the Parks and Recreation Commission for
your consideration and com ments.
My recommendation is that the City of Maplewood enter into a long -term lease of Joy Park to
the City of North St. Paul. The lease agreement would be for a 99 -year period and be for $1
each year. I believe that a lease agreement will provide the city with greater control and allow
the city to stipulate specific agreements within the lease that would require the property to
revert to the City of Maplewood should it be inappropriately developed, managed and /or if
issues change in the future.
Specific rational for my recommendation are as follows:
1. The preliminary development cost for Joy Park was projected at $1.6 million. The city
currently does not have adequate funds to develop and /or restore existing Maplewood
Joy Park
Page 2
March 12, 2001
parks. Should money become available, I believe that this would be a low priority and
would not be funded within the next five years.
2. The location of Joy Park in the northeast corner of Maplewood provides a stronger
physical relationship to North St. Paul than to the City of Maplewood. The majority of
residents served by Joy Park are from the east including Oakdale, White Bear Lake and
North St. Paul.
3. The site currently provides the city with significant policing challenges. The Maplewood
police department has done an outstanding job in managing this issue. There are staff
concerns that North St. Paul may not have the resources to patrol the park at its current
level. On the positive side, development of the site will bring increased usage, which in
turn will provide an improved environment. -
4. The lease agreement would be drafted to provide Maplewood residents equal opportunity
to use the park and require Maplewood to review development plans over $25,000.
5. Maintenance costs currently average $12,000- $15,000 a year for maintaining Joy Park.
These costs would be transferred to the City of North St. Paul and provide an opportunity
for additional staff and resources for other Maplewood park priorities.
6. The Joy Park regional trail corridor would become North St. Paul's responsibility, which
would reduce future city costs for the Lake Links trail system.
7. The City of North St. Paul has expressed a strong interest and I believe they are in a
better position with capital dollars to develop the park as a high priority as contrasted with
Maplewood.
8. Ramsey County park staff does not foresee any concern with Maplewood leasing the
park property.
Staff recognizes that there is a great deal of history to Joy Park and that leasing the site may
cause some concerns from Maplewood residents. I believe the benefits of North St. Paul
controlling, maintaining and developing Joy Park with equal access for Maplewood residents
is a logical and defensible position.
I look forward to discussing this issue at the March Commission meeting.
RECOMMENDATION
Staff recommends that the City Council direct the city attorney and staff to draft a lease
agreement with the City of North St. Paul for a period of 99 years for the operation,
development and control of Joy Park effective 01- 01 -02.
kd \joypark. mem
V - Parks, Open Space, and Trail System Plan
Name: joy, Park
Neighborhood: Maplewood Heights
Park Statistics
Classification: Community Park
Location: 2615 joy Road
Approximate Size: 41 Acres
Basis for Park Need /Primary Program Focus
The park services community park needs for the surrounding
neighborhood and the larger community. The primary focus of
the park is:
► Providing community recreation facilities focused on non -
structured individual and family activities.
► Creating a community social center and gathering place.
► Open space for passive recreational activities.
Interrelationship with Other Parks
Although joy Park augments the neighborhood park offerings in
this area, it also serves the broader community. The park's
setting adjacent to the lake and extensive natural character will
draw people from throughout the community. In conjunction
with Neighborhood Preserve #3, joy Park has the potential to
be one of the most important and appealing community park
settings in the city.
Park Features /Amenities
As an older park, most of the current infrastructure is at or near
the end of its effective lifecycle. As illustrated by the aerial
photograph, current features of the park include:
1) Parking lot for 20 to 30 cars
2) Picnic area
3) Small group shelter
4) Parking lot for 10 to 20 cars
5) Boat launch with limited parking
6) Small group picnic shelter
7) Restroom building (pit toilets)
8) Restroom building (pit toilets)
Visual Characteristics
Visually, the park is very natural in character and exhibits plant
communities ranging from wetlands to oak woods. Coupled
with the varying topography, the site is one of the most
interesting and pleasant within the park system. Although the
current development is eclectic and tends to fragment the site,
its overall potential for servicing community park needs is very
high, especially if it is developed in concert with the
neighborhood preserve site across joy Road.
Trail Access
Trail access from the neighborhood is very limited. Future
connection to the park trail corridor to the north via the
neighborhood preserve would make this site much more
accessible at the pedestrian level. Developing an internal trail
loop should also be high on the future development list.
Ecological /Natural Resource Issues
With the majority of the park in a natural state, ecological
issues are of paramount importance. Due to the lack of active
management, the quality of many of the resources is degrading.
Buckthorn invasions are a particular concern in the woodlots.
Management of the natural areas should be included in the
city -wide program for restoration and management. Given the
current conditions, this should be a priority restoration site.
Development Program
With most of the current facilities old and in need of
replacement, upgrading of the park will be necessary in the
next five or so years. This should be done in a comprehensive
fashion whereby the important natural attributes of the park
can be better utilized. The redesign of the park should focus on
tying the individual use areas of the park all together into a
cohesive whole. Potential future development considerations
include:
i ► Loop trail system that serves to tie the park use areas
together and provide an important passive recreational
activity that is now lacking in the park.
► Evaluation of parking needs relative to extent of use for
programmed activities.
► Small and larger group picnic facilities.
► Active recreational facilities to support picnic facilities,
such as volleyball courts, horseshoes, and half - basketball
court.
► Children's play area
► Restrooms
oil General amenities enhancements (i.e., benches, picnic
tables, grills, bike rack, drinking fountain, etc.)
► Boat launch and parking
Maplewood Parks, Open Space, and Trail System Plan 5.58
ar s, Open Space, and Trail S Plan
'VJI -16
16—
L * VI
Air
ilk
-NA
joL-
4e' vs Aw
� i�
�' � �: err''
vt
Maplewood Parks, Open Space, and Trail S Plan 5.59
LAND _ USE PLANNING AND DESIGN
10417 Excelsior Blvd.
Suite Number One
Hopkins, MN 55343
Tel (952) 238 -0831
Fax (952) 238 -0833
September 22, 2000
City of Maplewood
Parks and Recreation Department
1830 East County Road B
Maplewood, MN 55109
ATTN: Mr. Bruce Anderson, Director of Parks and Recreation
RE: Professional Services Proposal - Joy Park Planning Services
B &A #2000 - 012
This letter proposal outlines a scope of services, fee schedule, and other elements which, if approved, constitutes an Agreement
between the City of Maplewood , herein referred to as the OWNER, and Brauer and Associates, Ltd., herein referred to as the
CONSULTANT.
The OWNER hereby retains the CONSULTANT to provide professional recreational planning services required to complete a master
plan for park and recreation improvements, for Joy Park in the City of Maplewood, hereinafter referred to as the PROJECT.
The CONSULTANT'S services shall include normal recreational planning services as follows: _
A. SCOPE OF SERVICES - Recreational Planning .
1. Project Focus Meeting
This focus meeting will concentrate on the issues and needs surrounding the planning of Joy Park. This meeting
will involve staff.
Anticipated Work Tasks:
0 Meeting staff and others to finalize the scope of the project, discuss the planning process, and establish
a final project schedule.
• Determine the extent of the information available about the site.
• Preliminary assessment of issues surrounding the project.
Anticipated Task Product: A brief letter report confirming the scope of the project, the planning process,
project schedule, and a preliminary outline of pertinent issues.
2. Preparation of Existing Conditions Base Plan
Prepare an existing conditions base plan, from information supplied by the Owner, for use as a base for the
design process. This base plan shall be prepared in AutoCAD format.
Anticipated Work Tasks:
• Collection of data and mapping available from the Owner and other agencies.
• Field inspection of site to visually confirm the information supplied and mapping produced.
• Preparation of base drawing to be used though the planning portion of the project.
Anticipated Task Product:
City of Maplewood, MN. Brauer and Associates, Ltd.
Joy Park Proposal Page 1 of 4 Project # 2000 - 012
• A base plan illustrating conditions existing within the planning area shall be completed.
(This base plan shall be available to the Owner in digital format).
3. Preparation of Alternate Concepts
Using the adopted program and site information, the Brauer team will prepare alternative schematic concepts
for redevelopment of the Joy Park. The schematics will essentially turn the development program into a variety
_ of physical relationships.
Anticipated Work Tasks:
• Preparation by the Brauer team of three alternative concepts that explore various design solutions.
• Preparation of rough costs estimates for each concept to illustrate a range of costs associated with their
development.
• Review meeting with staff to determine which alternative (or combination thereof) best represents their
desires for the proposed site.
Resultant from this meeting will be an adopted concept plan derived from one or a combination of several of the
alternative concepts.
Anticipated Task Product: Graphics that describe the alternative concepts and construction cost estimates.
4. Preparation of Master Plan
Task Overview: Using the adopted concept plan, the Brauer team will prepare a master plan (preferred plan)
for the development area. The master plan will represent the design solution that best responds to the needs and
desires of the city while remaining within the their ability to fund the project.
Anticipated Work Tasks:
• Review and analysis of previous findings.
• Preparation of a draft master plan. This refines the accepted concept plan by clearly illustrating the
relationship of each use, activity area, and facilities /site amenities.
• Review meeting(s) with the selected groups and city staff.
• Preparation of a final master plan based upon accepted draft master plan.
Anticipated Task Product: Master plan graphics and supportive text.
Product
The final product of this master planning study shall be one rendered and mounted display sized copy of the final
master plan and related graphics suitable for display.
5. Formal Meetings anticipated for completion of this project.
• 2 meetings with the City Park Board.
• 1 meeting with citizens from the neighborhood.
• 1 council meeting.
B. SCOPE OF SERVICES - Additional Services
1. Services beyond the scope outlined above that are specifically requested and authorized in writing by the owner.
C. FEES FOR PROFESSIONAL SERVICES
The OWNER shall compensate the CONSULTANT for completion of professional services described above as follows:
1. For the services listed in Scope of Services paragraph A.l through A.5. above, a lump sum fee of $8,500.00,
(Eight Thousand Five Hundred Dollars). Expenses shall be billed in addition to this fee at cost x 1.1.
2. For the services listed in Scope of Services paragraphs B 1. above, an hourly fee shall be charged based upon
the rate schedule below. Expenses shall be billed in addition to this fee at cost x 1.1.
City of Maplewood, MN. Brauer and Associates, Ltd.
Joy, Park Proposal Page 2 of 4 Project # 2000 - 012
Brauer and Associates, Ltd. 2000 Hourly Rate Schedule
L.A. Professional III (Principal) ................... $85.00 / Hour
L.A. Professional II ............................. $52.00 / Hour
Senior Technician .............................. $45.00 / Hour
C.E. Professional ............................... $100.00 / Hour
Ecologist (Principal) ........................... $137.50 /Hour
Clerical ....... ............................... $30.00 / Hour
3. For the services listed in Scope of Services paragraphs B 4, above, a fee of 2.5 percent of the cost to construct
the improvements. Expenses shall be billed in addition to this fee at cost x 1.1.
D. PAYMENTS TO THE CONSULTANT
1. Invoices for Scope of Services will be submitted to the OWNER on a monthly basis in proportion to the work
completed. The following schedule of payment shall be applied:
2. Payments on account of the CONSULTANT'S services are due and payable upon receipt of CONSULTANT'S
invoice.
E. OWNER'S RESPONSIBILITY
1. Full program coordination with one individual representing the OWNER'S interests
2. Legal Counsel, advice, and services available to the CONSULTANT during the term of this Agreement on any
or all matters related to the PROJECT such as, but not limited to, title opinions, interpretations of agreements,
covenants and laws affecting the PROJECT, advice and assistance in processing applications, review and
preparation of PROJECT agreement documents, participation in presentations to public agency staff and boards
and general counsel on the legal implications of all substantive or procedural aspects of the PROJECT itself.
3. Providing the CONSULTANT with an accurate base map illustrating all property lines, property corners,
easements, rights of way and other legal issues, existing utilities, vegetation, pavement, curbing, and other
surface materials. This survey should also include 1 foot contour elevations and spot grades, as well as a
permanent bench mark. This base map shall be provided to the consultant in AutoCadd R14 or compatible
format.
4. Providing all soils engineering/borings and engineering geotechnical testing required for the project.
5. All fees and expenses involved in federal, state agency or local permitting, plan review, etc. for the project.
F. NONDISCRIMINATION
The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, national origin, physical condition or age. The CONSULTANT will take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard to their race, color, religion,
sex, national origin, physical condition or age. Such
action shall include but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms .of compensation and selection for training including
apprenticeship.
G. CONSULTANT'S RECORDS, DOCUMENTS AND INSURANCE
1. The CONSULTANT shall maintain time records for hourly fees, design calculations and research notes in legible
form and these will be made available to the OWNER, if requested.
2. The CONSULTANT shall carry insurance to protect him from claims under Workman's Compensation Acts;
from claims for damages because of bodily injury including death to his employees and the public, and from
claims for property damage.
3. The CONSULTANT reserves the right to secure and maintain statutory copyright in all published books,
City of Maplewood, MN. Brauer and Associates, Ltd.
Joy Park Proposal Page 3 of 4 Project # 2000 - 012
published or unpublished drawings of a scientific or technical character, and other works related to this
PROJECT in which copyright may be claimed. The OWNER shall have full rights to reproduce works under
this Agreement either in whole or in part as related to this PROJECT. One copy of each drawing shall be
provided in reproducible form for use by the OWNER, but the original drawings will remain the property of the
CONSULTANT.
H. TERM, TERMINATION, SUCCESSORS AND ASSIGNS
1. The term of the Agreement shall be concurrent with the work authorized.
2. Termination may be accomplished by either party at any time by written notice, and shall be effective upon
payment in full for all services performed to the date of receipt of such notice.
3. The OWNER and the CONSULTANT each binds itself, its partners, successors, assigns and legal representatives
to the other party of this Agreement, and to the partners, successors, assigns and legal
representatives of such other party with respect to all covenants of this Agreement.
4. Neither the OWNER nor the- CONSULTANT shall assign, sublet or transfer his interest -in this Agreement
without the written consent of the other.
I. EXTENT OF AGREEMENT AND APPLICABLE LAW
This Agreement represents the entire and integrated Agreement between the OWNER and the CONSULTANT and
supersedes all prior negotiations, representations, or Agreements, whether written or oral, with respect to the PROJECT.
This Agreement may be amended only by written instrument signed by both OWNER and CONSULTANT.
IN WITNESS HEREOF the OWNER and the CONSULTANT have made and executed this Agreement, this _day of , 2000.
CITY OF MAPLEWOOD
Parks and Recreation Department
1830 East County Road B
Maplewood, MN 55109
BRAUER & ASSOCIATES LTD.
10417 Exce . . Suite One
Hopki s. Minneso
C120CS USJ; CS -M.V ,o.. 200012000 -012 joy.map1wooJwpcl
City of Maplewood, MN. Brauer and Associates, Ltd.
Joy Park Proposal Page 4 of 4 Project # 2000 - 012
AGENDA ITEM NO..D.- � =
MEMO
To: Richard Fursman
From: Melinda Coleman M(,
Subject: Policies for Commission Appointments/Reappointments
Date: April 17, 2001
INFORMATION
The process for commission appointments and reappointments was recently discussed by City
Council. Part of the discussion included comments from the chairs /representatives from various
advisory boards. Following is a summary of these comments and what I believe to be ideas that
the city council liked and that should be included into some kind of policy document.
* Advisory Boards will continue to conduct their own interviews with all of the candidates,
will make recommendations and share their rankings. Minutes of the board meetings would be
included for council review. The minutes should include some description/ highlights of each
candidate interview.
* Applicants for appointments should attend a meeting of the commission they are applying
for. Interviews could be conducted by the commissioners at the end of the meeting.
* Each advisory board or commission will provide a description of the board's purpose and
responsibilities with each application.
Other items suggested for consideration:
* The commissions could submit questions to the council to ask the applicants.
* A scoring system could be developed that would be used by both the advisory boards
and city council. High score (combined or not) would get appointment.
* Standard questions could be developed that would be asked each time with additional
questions being forwarded by advisory board and/or staff that might be timely or
specifically related to the board.
* Geography or longevity in the community may be a factor.
RECOMMENDATION
After this is reviewed and modifications are made by City Council, this should be adopted into the
Council Policy and Procedures manual.