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2008 06-09 City Council Meeting
%+)2(% 1%40);33('-8='392'-0 b. Resolution for Adoption of Assessment Roll. c. Resolution for Awarding Construction Contract. 2. Upper Afton Road Improvements, City Project 07-27. a. Assessment Hearing 7:15 p.m. b. Resolution for Adoption of Assessment Roll. c. Resolution Awarding Construction Contract. 3. National Pollutant Discharge Elimination System (NPDES) Phase II Annual Report/Public Meeting 7:30 p.m. K. UNFINISHED BUSINESS 1. Carver Crossing Development- Consider Resolution Approving Development Contract with CoPar for Settlement of Litigation and Approval of Development Plan. (Table to June 23, 2008}), 2. Hazelwood Street Improvements, City Project 07-25, Approve Resolution for Adoption of Revised Assessment Roll. 3. Hazelwood Street Improvements, City Project 07-25, Approve NO PARKING Resolution for Hazelwood Street. 4. Crestview Forest Improvements (Deer Ridge Lane), City Project 06-21 a. Report on Cost of Work Done by Day Labor b. Resolution for Approval of Easements and Accepting Street as Public. 5. Resolution Accepting Proposal on the Competitive Negotiated Sale of $9,970,000 General Obligation Improvement Bonds, Series 2008A. Providing for their Issuance, Pledging Special Assessments for the Security thereof and Levying a Tax for the Payment thereof. 6. Resolution Accepting Proposal on the Competitive Negotiated Sale of $1,070,000 General Obligation Improvement Refunding Bonds, Series 2008B. Providing for their Issuance. 7. Maplewood City Manager Search -Consider RFP for Recruiting Firm. L. NEW BUSINESS 1. Salvation Army Church Expansion (2080 Woodlynn Avenue). a. Conditional Use Permit Revision b. Design Approval 2. Adoption of the 2009 - 2013 Capital Improvement Plan. 3. Rush Line Corridor Task Force -Consider Resolution Approving Amended and Restated Joint Powers Agreement. 4. St. Paul Police Department Republican National Convention Joint Powers Agreement. M. CONSENT AGENDA 1. Approval of Claims. 2. Final Plat -Heritage Square Fifth Addition (County Road D, west of Highway 61). 3. Conditional Use Permit Review - Menards (2280 Maplewood Drive). 4. Conditional Use Permit Review -Dearborn Meadows PUD (Castle Avenue and Castle Court). 5. Authorization to Enter into Agreement to Receive Web Services from CivicPlus. 6. Kohlman Lane Area Street Improvements, City Project 07-21, Approval of Maintenance Agreement with Ramsey County. 7. Century Avenue Improvements, City Project 03-15, Approval of Cost-Share Agreement with Woodbury and Ramsey County, 8. Lark/Prosperity Area Street Improvements, City Project 07-15, Approval of Change Order #3. 9. Brookview Area Street Improvements, City Project 07-01, Approval of Change Order #1. 10. T.H. 61 Area Improvements, City Projects 03-07, 04-06, and 04-25. a. Approval of Change Order #2. b. Project Acceptance and Approval of Final Payment. 11. Approval of Traffic Control Signal Agreements. a. Beam Avenue at Country View Drive.: b. County Road D at Country View Drive. 12. Approve Purchase of Fuel Dispensing Pumps. 13. 'Conditional Use Permit Review -Heritage Square PUD 14. Temporary Gambling Permit -Maplewood Athletics Association for the Taste of Maplewood Event Raffle. 15. Temporary Gambling Permit for St. Paul East Parks Lions Club for the Ramsey County Fair. N. AWARD OF BIDS O. VISITOR PRESENTATION -PART II (NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the meeting and is intended to make time available if the item is not completed by 7:00 p.m. -Not intended for new visitor presentation items.) P. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk's Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, May 5, 2008 Council Chambers, City Hall Meeting No. 13-08 A. CALL TO ORDER Agenda Item E1 A meeting of the City Council was held in the City Hall Council Chan~l~ers and was called to order at 7:14 p.m. by Mayor Longrie. B. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as submitted. Seconded by Councilmember Nephew. Ayes -All The motion passed. C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember l'~~esent D. NEW BUSINESS 1. Carver Crossing Development -Consider Litigation Settlement a. Cbr1 ider Contl~t~an~l Use Peraitfor Planned Unit Development b. Censid~r Di~ectint~ 1fac~t~on_of Existing Easements c.- - Consider Preliminary Plat d. Consider A~~~roval of Settlement of Litigation through Approval of Development Contact i. John Bat:er, Attorney, Greene Espel, PLLP, gave the presentation and -~dd~ess~ct-and answered questions of the council. 1. Clark Wicklund. Enaineer. Alliant Enaineerina. 233 Park Avenue S.. Ste. 300 Minneapolis. 2. Chuel: Ahl. N1~gKev~~ood Acting City Manager. Public Works Director addressed and answered ciue tions of the council. 3. Tom Ekstrand. Maplewood Senior Planner addressed and answered questions of the council 4. Kurt Schneider. CoPar Companies. 8677 Eaale Point Blvd.. Lake Elmo addressed and answered questions of the council. 5. Bruce Melkerson. Attorney for the applicant. 1900 US Bank Plaza. Minneapolis addressed and answered questions of the council. The council took a break at 9:00 p.m. at the request of Mr. Melkerson so the applicant could speak with their legal counsel. The council reconvened at 9:15 p.m. May 5, 2008 Special City Council Meeting Minutes Mr. Melkerson said during the break he spoke with his client and his client stated that "if this is denied by the city council this denial will not constitute a basis for a separate claim and lawsuit against the city': Mayor Longrie opened the discussion. 1. Dale Trippler, Planning Commission Member, 1201 Junction Avenue, Maplewood. 2. Ron Cockriel, Chairperson, Historical Preservation Commission, 943 Century Avenue, Maplewood. (Mr. Cockriel submitted information for the record}: 3. Ms. Michael Bailey. 1615 Sterling Street South, Maplewood. (Ms. Bailey submitted a report for the record). 4. Tom Dimond, 2119 Skyway Drive, St. Paul (Mr. Dimond submitted handouts for the record ). 5. Mark Bonitz, 1635 Sterling Street South, Maplewood. (Mr. Bonita submitted a document for the record). 6. John Gores, 2870 Arcade Street, Maplewood. 7. Steve Mylnarczyk, 1364 Dorland Road South, Maplewood. 8. Ron Cockriel, Chairperson, Historical Preservation Commission, 943 Century Avenue, Maplewood. (spoke twice) 9. Sue Bonitz, 1635 Sterling Street South, N1apletivo~d. (tvls. Bonitz submitted a document for the record). Councilmember Rossbach moved to-recon~,~~end the Resolution for a Conditional Use Permit (CUP) fora 165 unit Planned Unit DeveloG~ment SPUD i. Seconded by Councilmember Juenemann. The councilmemh~fs hacJ a lengthy discussion before calling the vote to question. At 11:35 p.m. fhe council took a 10-minute break so the applicant, their legal counsel, city staff and the city's legal counsel could have a discussion. The council„reconvenedat 71:45 p.m attorney John Saker s~ici "the applicant and their legal counsel sat down with the city's legal counsel (during tl~e bred:) bit there is still a need to "run some numbers" to determine whether or not some of the issues that wero discussed (this evening) are conceptually potential ways to resolve this dilemma. The su~yestion was made by Mr. Ahl and himself (Mr. Baker) that a recommendation be made to table the matters before the counsel this evening until the next regularly scheduled council meeting which is May 12, 2008. With the understanding that the city expects to hear from the developer within 48 hours regarding whether one or not concepts are available a5 altem~tives. It is suggested that the council set a Closed Session meeting for the purpose from a settlement point of view at 4:30 p.m. on May 12, 2008. At that point the developer would have had an opportunity to review the numbers and city staff and legal counsel will have had an opportunity to examine the information from a planning and financial point of view". Councilmember Rossbach moved to withdraw his original motion. Councilmember Juenemann aareed to withdraw her second motion. May 5, 2008 2 Special City Council Meeting Minutes Councilmember Juenemann moved to table this discussion and requested that the city council have a (Special Closed Session Meeting) at 4:30 p.m. on May 12, 2008, and that this item be placed on the agenda for the 6:30 p.m. council meeting. Seconded by Councilmember Rossbach. The motion to table passed. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:55 a.m Ayes -All May 5, 2008 3 Special City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 5:00 p.m., Monday, May 5, 2008 A Continuation of April 28. 2008. Council Meeting Council Chambers, City Hall Meeting No. 11-08 Agenda Item E2 A. CALL TO ORDER B C D. A meeting of the City Council was held in the City Hall Council Chat~~bers and was called to order at 5:05 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL _ _: Diana Longrie, Mayor Present -_ Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Pr~s~nt APPROVAL OF AGENDA The following agenda items had alre~c3y t~i:en plaEe_anci the ro~ncil and city staff requested the three items be removed from this evening s ~gend~, Removal of item M3. (Wood Smoke Meeting-.May 1, 2008) Removal of item M8. (Upcoming .Seminar ark ~fi~e Importance of Play for Kids) Removal of item N1. (Reminder of Special L1~eting at 7:00 p.m. on May 5, 2008, to Consider CoPar Litigatirir~). Mayor Longrie moved to ap~irr~ve the agenda as amended. Seconded by~ Councilmember Nephew. Ayes -All ::The motion passed. K. UNFINISHED BUSINESS.. 4. Resolution Adopting an Ordinance Pertaining to Televising of all City Commission and Council Meetings: Second Reading) a. City Attarn~y; Alan Kantrud gave the report. Councilpersoii Rossbach moved to recommend the (Second Reading) Resolution Adopting an Ordinance Pertaining to Televising all City Commission and Council Meetings. Because councilmembers had more questions and the public had not had the chance to speak, the motion made by Councilmember Rossbach was not seconded. May 5, 2008 A Continuation of April 28, 2008, Council Meeting City Council Meeting Minutes The following people spoke regarding the issue: 1. Dale Trippler, 1201 Junction Avenue, Maplewood. 2. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. 4. Veronica Sletten, 2747 Clarence Street North, Maplewood. 5. David Schelling, 1955 Greenbrier Street, Maplewood. 6. Margaret Behrens, 1393 Kohlman Avenue East, Maplewood. Councilperson Hjelle moved to table the (Second Reading) for the Resolution Adopting an Ordinance Pertaining to Television of all City Commission and Council Meetings in order for this Ordinance to be worked on further and be brought back t~ the council at a later date. Seconded by Councilperson Nephew. _ Ayes - A11 The motion to table passed. ----- 5. Consider Revision Council Procedures or- girder of Meetings and Starting Meetings at 6:30 p.m. a. Acting City Manager, Public Works Director. Chuck Ahl gave the report Mayor Longrie moved to recommend that the City Council-adopt revisions to be immediately effective with the next regular meeting of the Council on May 12, 2008, and direct the Director of Citizen Services to make thee. necessary revisions to the Rules of Procedure for City Council and Council Meetings such that a[I rec~t~kar nieetincas of-the-City Council shall begin at 6:30 p.m., and all Workshops shall start. at 5:OO p,n~. as noted t3y tide City Manager's proposed language and the order of agenda shall be revised to be end :include the notes for public information. - A. Call to Oder B. Pledge of Allegiance C. RoII Cali D. Approval of Agenda E. Approval of Minutes F Visitor Presentations - Part {t~lote: \~isitor Presentation shall not extend past 7:00 pm; if time is not available to " complete this item: all presenters will be instructed to remain at the meeting until this item is re-€~p~ned foitotiving Award of Bids, or return to the next Regular Meeting of the Councii.} C-Administrative Presentations {Note: Items G -H shall not extend past 7:00 pm; if time is not available to complete hese items, tfley shall be extended by Council motion to the end of the meeting fnliawing Visitor Presentation -Part II} H. Couilci( Pr~sei'rtations I. Appointmen s and Presentations J. Public Hearings K. Unfinished Business L. New Business M. Consent Agenda N. Award of Bids O. Visitor Presentation -Part II • {Note: this is a continuation of Visitor Presentations from earlier in the meeting and is intended to make time available if the item is not completed by 7:00 pm.} P. Adjournment May 5, 2008 2 A Continuation of April 28, 2008, Council Meeting City Council Meeting Minutes Seconded by Councilmember Nephew. Ayes -Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach -Councilmember Juenemann The motion passed. 6. Code Amendments -Procedures, Public Hearings, Applications and Initiation (Second Reading) a. Senior Planner, Tom Ekstrand gave the report. Mayor Longrie asked Dale Trippler to come forward to give t(~e r-e~ort from the Planning Commission. - - 1. Dale Trippler, 1201 Junction Avenue, Maplewcacld, Planning Comrrtission Member gave the Planning Commission Report. _ Councilmember Juenemann moved to adept .the proposed .ordinance amendrrr~nts for Section 44-1096(a), Section 44-1096(b) and Section 4=t-~ 161. ORDINANCE NO. 8$7 AN ORDINANCE AMENDING UARkOUS SECTIONS-OF THE MAPLEWOOD CITY CODE ABOUT PROCEDURES, PU6LlC HEARINGS=AND APPLICATIONS The Maplewood City Council approves the following Cf~~i~ges tothe Maplewood Code of Ordinances: Section 1. This ~~7iendment changes Section 44-1096(a). (Additions are underlined and deletions are .crossed out.): Sec. 44-1096. Procedure. (a)After ~n application f~~ a conditional use permit or a conditional use permit revision has been sr~laniitted to the city.. the city planning staff ~'~~^^+^r ^{ ^^W,W,,,^.+., ,~^.,^~^^w,^.,+ shall prepare a i-e~iort and recomniendetion and submit that report ~ to the planning commission and community .design review board; ~s appropriate. for their consideration and recommendation. ~ .The planning commission and community design review b©~rd shall make a reccin~mendation + on the application, as required by city ordinance and within the time allouve~i by state law. ~ , .City staff shall forward the staff report and planning commissio~i's and community design review board's recommendations or actions to the city councN far heir consideration within 45 days of the city receiving the complete application, subject to any extensions as allowed by Minnesota Statute 15.99. The city council shall only consider such applications after receiving the comments and recommendations of the planning commission. The city council will make the final decision about all conditional use permit applications or major revisions. The city shall process all such applications or revisions to meet the requirements of state law 15.99. (commonly known as the 60-day rule) as may be amended by the State of Minnesota. Section 2. This amendment changes Section 44-1096(b). (Additions are underlined and deletions are crossed out.): May 5, 2008 3 A Continuation of April 28, 2008, Council Meeting City Council Meeting Minutes (b)The planning commission shall hold at least one public hearing on each application for a conditional use permit. City staff shall have a notice of the hearing published in the official newspaper at least ten days before the hearing. In addition, city staff also shall mail a copy of the hearing notice T"^ ~;r^^+^r ,.h„~~ „~,.^ ^,,,,,.^ „ .,^+;^^ +^ h.. to each of the owners of property within 500 feet of the boundary lines of the property upon which such use has been requested. City staff shall mail the hearing notices `"'h;..h .,^+;^^~ ~^ +^ "^ ~^~'^~' to the last known address of such owners at least ten days before the date of the hearing. Such notice shall include the date, time and place of the hearing and shall describe the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section. Section 3. This amendment changes Section 44-1161. (Additions are underlined and deletions are crossed out.): -- Sec. 44-1161. Initiation generally. __ (c)An amendment to this chapter, including an amendnienf to the zoning m~rp. rtaay be initiated by the city council, the planning commission, the city stiff or by petition of affected property owners, who are hereby defined to be the owners of t}ie property to be rezoned. An a~~ienclment not initiated by the planning commission shall be ref~rreci to the {~Ennning commission for study and for a report. The city council shall not take action on-env p~o~dsed amendments to this chapter, including zoning text changes and zoning map changes: until after they receive the recommendation about such a pre~uosal or request f~nni the G~lanning commission. The planning commission shall make.=a recomn~enci~tion on all zoning map amendments within 45 days of the city receiving a complete ~pplicatEbn or requcst.,Tt~e city council may act without a recommendation from the planning comn~issi~n if }~e ~IaDninq commission fails to meet the 45- day time limit for comment or recommen~tation. .~~ +h.. ., .-..J.,.,.,,~+ ,..~+i~.~~ ~+ -, r,.+ h.. +h., nt:.-..-,~.,., The planning commission or city st~rff may refer=design-related applications and matters (including, but not iimited toL architectural design, site layout, landscaping and sign matters (including signs. off site sires. hillbc~at'ds and comprehensive sign plans)) to the community designrevie~v_bo~rd forCfleir review and recar~~mendation. SECTION 4. EFFECTIVE DATE This ordinance shall take effect after. the city publishes it in the official newspaper. The M~p(ewood City Council adopted this ordinance amendment on May 5, 2008. Seconded by Courtcilmember Hjelle. Ayes -All The motion passed. 7. Large Assembly Permit and Fee Approval (Second Reading). a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report. Councilmember Hjelle moved to approve the (Second Reading) of the Large Assembly Ordinance. The ordinance will be enacted after publication in the official newspaper. May 5, 2008 4 A Continuation of April 28, 2008, Council Meeting City Council Meeting Minutes ORDINANCE 886 ARTICLE VII. LARGE ASSEMBLIES Sec. 14-381. Purpose. This article is established in order to regulate the assembly of large numbers of persons whose presence in the city can reasonably be anticipated to exceed the capability of the health, sanitary, fire, police, transportation and utility services provided by the city and in order to establish regulations which protect the health, safety and welfare of all persons within the city. (Code 1982, § 20-91) Sec. 14-382. Definitions. ' The following words, terms and phrases, when useef irr,this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ' Large assembly means a gathering numbering niofe than 500 persons; or actions by one or more persons, the intention of which is to attract and assemble a gathering of persons in excess of 500 at a single time and place for any purpose. (Code 193, ~ ZO-92) Sec. 14-383. License required. No person shall permit, maintain, promote. conclrrrt; advertise.- manage, sell, barter or give tickets to an actual or re~5onably anticiEyateci ~ssemhly cif ;j00 or more people, whether on public or private property._unless a license to ho[cl the assembly has t7een first issued by the city council as provide~f in this ~~ticle: In addition tt~ the license required in this section, the applicant must possess and submit to the-=city any other necessary state licenses and/or permits necessary to carry__on the assembly. In the event the city denies the license, the=applicant can appeal the decision to the city council. (Code 1 ~3~2. s 20-.3~) Sec. 14-384. License. exemptions applicability. (~;t Large assemblies sponsored by the city do not require a license. (b) This.article shall not apply to any regularly established, permanent place of worship, stadium, athletic fielcl:_arena, auditorium, coliseum or other similar permanently established place of assembly ~~ that dogs not exceed 150 percent of the maximum occupancy of such building or facility. (Code 1 g°2, § 20-94) Sec. 14-385. Prohibited in certain areas. Large assemblies may be prohibited and a license denied upon a finding by the city wit that the proposed assembly is incompatible with existing residential land uses. Factors considered in determining incompatibility include without limitation noise, lighting, traffic, sanitation, congestion of persons, communications, water supply, waste disposal, enforcement of laws against contraband of all types, physical damage to adjoining properties, parking areas, fire hazard, containment on the site, obedience to other sections of this Code or other city ordinances and May 5, 2008 5 A Continuation of April 28, 2008, Council Meeting City Council Meeting Minutes state and federal statutes, and other factors affecting the public health, safety and welfare of the public. (Code 1982, § 20-95) Sec. 14-386. Application for license. The application for a large assembly license shall be made in writing and filed with the city clerk no less than 45 days in advance of the proposed date for the large assembly, upon forms supplied by the city clerk. The application shall contain without limitation the following information: (1) The pa~ag~, res+c~en^°, °^^i°' ^°^„ri+., n. ~mh°r onr+ moilinrv -,~~r°^^ contact information of the applicant, if an individual; all partners if a partnership; and.. ali officers of the corporation if the applicant is a corporation. (2) The address and legal description of all property which will be in-_any way used or occupied by the large assembly. _ (3) The names and addresses of all persons holding ~I~ equitable or I~gal interest in land, except mortgagees, where the proposed large assembly is to lae conducted, tc~cietfr-~r with a written statement of their approval of such use. - (4) The names and addresses of all persons w~th_a tegal or equitable interesf in the land which abuts the subject property. (5) A full description of the nature, purpose and extent of the pr~~osed large asse~rrhly. (6) The maximum number of persons which the l~rt~posec~ iar~e assembly will attract at any given time, together with the dates and hours during which the proposed large assembly will be conducted. e, ~nh occ°mhh, droll nnf ho_h°Ir+ noc+ 7:nn h rY1: on" rvi"°n r+o" (7) The names, addresses, social security numbers. credentials, hours of °~~oil°"ili+„ onr+ rl°nlnvm°n+ of c°niirifi, nffin°rc onr+ n+h~r nonaral nlonc fOf security full description and information on security plans to be utilized at the p~ohosed I~ic~~ assembly by the applicant. (8) A full description of plans for sound amplificati>?n and t~und cei7trol to be utilized by the applicant. (9) Plans for any food or other concession uvhich will be provided, together with the name, address and lic~nsiny information of all concessionaires. (10) All other information whir_I~ would be requc~e.d by section 14-388. (11) Any other information rey~ii[~ed or requested=try the city clerk, environmental health officer or public safety representatives. e~-+"n ,,~+„ ,J,,,~n,~i' (121 All :site clean up from tl~e event ~i~e~t+sYng;Tte~t~r°, cirvnc onr+ n^°+°rc shall be r,~a complete within 36 hours from the termination of the large assembly event. (13)-The nonrefundable investigation fee as provided in section 14-387. (Code 1982, § 20-96) -Sec. 14-387. Administrative fees. ,.,ill "~ nnnrofiinr+°"'°. As a condition of granting a license, the city may require establishing of a cash escrow: to be depasifed with the city clerk. The cash escrow shall be used to guarantee payment by the applicant of the city's costs for legal, engineering, planning, sanitation, health, traffic control, end other law enforcement services which are directly attributable to the large assembly. (Code 1 y82, § 20-97) Sec. 14-388. Conditions of approval. Under this article the city i~ may impose any condition reasonably required to protect the health, safety and welfare of the general public and the persons assembled, including without limitation the following elements: May 5, 2008 6 A Continuation of April 28, 2008, Council Meeting City Council Meeting Minutes (1) A fence, barrier or other enclosure which controls and regulates ingress and egress to and from the assembly with reasonable safety and speed. (2) A potable water supply, meeting all local, state and federal standards for sanitation, quality and quantity at the rate of one gallon per person per day. (3) Separate enclosed toilets for males and females which meet state specifications, conveniently located throughout the grounds, in sufficient numbers to meet the state board of health regulations and standards. (4) An efficient and sanitary method of disposing of solid waste at tf~e rite of at least 2.5 pounds per person per day, together with provisions for restoration of the sfe to its original condition. (5) A lighting plan for safe illumination during the hours of darkness. _-- (6) Security officers, private, off-duty or on-duty state !ate enforcement ~e~~:e officers in sufficient numbers to provide for adequate safety and security o~,the proposed assemE~ly. Security and traffic control must meet the requirements of all state authorities and approve of the chief of police. (7) An administrative communications control center-for co,rrrr~~nication with the city officials either by messenger or telephone while the large ~ssen~k~(y_s being operated. (8) Sufficient physicians, nurses, or other medical pe,sen~a~}_licensed to practice in the state and sufficient to provide emergency medical rare, together witf~ at least two emergency ambulances with attendants for each X988 2,500 people antEcip~ted in the ~r~posed assembly. (9) A parking area off thepuf:~Jic right-of way end inside the.~roposed large assembly area sufficient to provide-.parking s{~ace for one vehic}e per each four persons anticipated unless participants are bused in from another locafion. Permission for parking from all affected property owners must be obta~neef. (10) A fire protection plan to be provided by the applicant, including without limitation an alarm system. fire extinguisfi~r,~~ desires, fire lanes, together with sufficient personnel supplied by the apph~ailt tc~efficiently npernte the required equipment. (111'Copies of descriptions of all proposed advertising to ensure that the proposed advertising conforms with the ~~la,-is ~s presented to the city. cif. (12) Rny r°°°,restri~tions on sound and sound reproduction and amplification as are necessary to contain unreasonable noise within the enclosed boundaries of the location of the large ass~n7bly. (13) A surety bond or other financial guarantee approved as to form by the city '++ and established by tte pity council in an amount of not less than $5,000.00 to guarantee performance by the applicant of the conditions imposed by the city i-4 in granting the large assembly license. (14) A comprehensive general liability insurance policy covering any and all damages, claims, or other liabilities arising out of the operation of the large assembly, whether incurred by the city or by any other association or person. (Code 1982, § 20-98) May 5, 2008 7 A Continuation of April 28, 2008, Council Meeting City Council Meeting Minutes Sec. 14-389. Maximum size and time. The city ss~-sikmay limit the size and time of the large assembly after considering without limitation those matters set forth in section 14385. I Inr+or nn nirni imc+onnoc droll +ho occomhh, nnn+in~ ~n Innnnr +hon civ hn„r~. (Code 1982, § 20-99) Sec. 14-390. Overnight camping. No person holding a large assembly license shall permit and no participant in a large assembly shall remain overnight at the location of a large assembly, except for. a reasonable number of persons required for security purposes unless permitted by the city as part of the application process. (Code 1982, § 20-100) Sec. 14-391. Issuance of license; enforcement. (a) The large assembly license shall be issued by the .city clerk after orznrn~rol +hnrnnf h" +hn ni+., ss~-s+l review by the appropriate city departments,-such as, but not limited to, environmental health and public safety includir;g ttie Fire Marshall. Thee license shall contain a statement of all conditions as required in See; 1.4.388 of this article. a++":how r,,, +hn ni+., nn~ ~nnil in icc~ jinn +hn linnncn - - - - - (b) Enforcement of this article and of any large assembly license may take any of the following forms within the discretion of the city (1) Enforcement by declaring such lame assembly to be ~ puk~lic nuisance followed by abatement procedures provided by statute or ordinance. (2) Enforcement by injunction, declarafory jucign~eiit. ar any other civil remedy by any court of competent jurisdiction. (3) Enforceme,~t by issuing a citation or criminal complaint against persons parking automobiles in violation of this article or any condition of tf',~ large assembly license and the towing of such automobiles at the expense of such persons. (4) Enforcement by ciisbursin~ all persons gathered at such large assembly. ~~3 Enforcement bpi revoking the large assembly license, ordering removal of all large assembly p;7raphernalia and the cJisbursing__of persons gathered at the large assembly. (Code 1982, § 20- 1. Q `i_) Sec. 94=392. Penalties for violations. (a) Any person who obtains a large assembly license and any employee or agent thereof who violates this article orany condition of any large assembly license issued, upon conviction thereof by lawful authnr~ty, shall be punished in accordance with section 1-15. (b) The applicant shall be required to post ccif~ies of the large assembly license at several locations in and about the premises, including the automobile parking area. Any participant in the large assembly, other than the applicant and his employees, who violates any provision of such posted conditions which is specifically applicable to participants, upon conviction thereof by lawful authority, shall be punished in accordance with section 1-15. (Code 1982, § 20-102) Secs. 14-393 14-420. Reserved. Seconded by Councilmember Nephew. Ayes -All The motion passed. May 5, 2008 $ A Continuation of April 28, 2008, Council Meeting City Council Meeting Minutes L. NEW BUSINESS 1. Consider Cancellation of May 26th Council Meeting due to Conflict with Memorial Day. a. Acting City Manager, Public Works Director, Chuck Ahl gave the short report. Councilmember Rossbach moved to recommend approval to cancel the May 26, 2008, Council Meeting due to the meeting date falling on Memorial Day. Seconded by Councilmember Juenemann. Ayes - Alk The motion passed. 2. Consider Request for Reimbursement to former City Manager F~chard Fursman, for __ Educational Expenses. : a. Acting City Manager, Public Works Director;. Ch~rck Ahl gave the repor . Councilmember Rossbach moved to recoi~rnenct approval for the request to Reimburse former City Manager, Richard Fursman for Educ~fional Exr~enses incurred in 2f~QC in the amount of $8,736. Seconded by Councilmember Juenemann. Ayes -Councilmembers Juenemann, Nephew &Rossbach Nays _- Mayor Longrie, Councilmember Hjelle The motion passed Councilmember Hjelle mooed to adjourn=fhe council meetin_p at 7:02 p.m. and continue the remainder of the councilrneetinq after=the completion of the Special Council Meetinp. Seco,icJed txy Mayor Loric~rie. Ayes -Mayor Longrie, Councilmembers Hjelle, Nephew &Rossbach -Councilmember Juenemann The riiotian passed.::: May 5, 2008 g A Continuation of April 28, 2008, Council Meeting City Council Meeting Minutes (*THESE ITEMS WERE NOT COMPLETED AND WILL BE CONTINUED MAY 12, 2008) M. COUNCIL PRESENTATIONS 1. *Request for Ideas and Designs for Building a Personal Fire Pit (Councilmember Hjelle). 2. *The "Nicest" Fire Pit in Maplewood Contest (Councilmember_~-Ijelle). 3. r^:^~~e-I~^eeti~l~-^n~~20n~--rC•,~en~er~^s~~a~(Removed) 4. *Update regarding on-line council packets - (MayoE LQn~rie} _ 5. *Follow up regarding Contacts at 3M - (May~~ Lonyrie) 6. *Follow up of Recycling of Printer Cartric~gos (Mayor Longrie) _ 7. *Attending the Ball of the Wild - (Mayor Loi~grie) 8. ~ ~^,.~e+~a,^,~~t#~.,,^^ ~r~~~Ia~e~~~~~~TL~;~i~(Removed) 9. *Beaver Lake follow-up - ~Mayc~r Longrie) N. ADMINSTRATIVE PRESENTATIONS (Removed) O. ADJOURNMENT The cr~uncil i~eeti~ag was adjourned at 7:02 p.m. in order to move onto the Special Council Meeting that was scheduled to k~egin at 7:00 p.m. May 5, 2008 10 A Continuation of April 28, 2008, Council Meeting City Council Meeting Minutes SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL CLOSED SESSION 4:30 p.m., Monday, May 12, 2008 Council Chambers, City Hall 14-08 Agenda Item E3 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 4:35 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present at 4:45 p.m. Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present. Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Nephew moved to approve theagenci~ ~s submitted. Seconded by Councilmember--Rossbach. Ayes -All The motion passed: D. UNFINISHED BUSINESS 1. Dec_Laration of Special Meeting Topics and Intent to Close Session a. f~ttom~y UpcJ~te - CoPar Litigation Settlement phis was a closecltl7e sessi~nmeeting pursuant to Minnesota State Statute, Chapter 13 relating ~o Attorney/Client pr~ivilec~e fc~~ the purpose of discussion. Mayor t_ont~rie opened the= Closed Session Meeting at 5:20 p.m. E. ADJOURNMENT = Mayor Longrie adjourned the meeting at 5:21 p.m. May 12, 2008 CLOSED SESSION MEETING Special City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, May 12, 2008 Council Chambers, City Hall Meeting No. 15-08 Agenda Item E4 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chami~ers and was called to order at 5:30 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember -Present C. APPROVAL OF AGENDA Councilmember Nephew moved to app,we t#~e agenda ~s subi~nitted. Seconded by Councilmember Juenemanr~. Ayes -~ All The motion passed. D. NEW BUSINESS None. E. OLD BUSINESS 1. Discussion with Arthur J. Gallagher Co. Regarding City Insurance Coverage with LMCIT. a. Ann Stanton, Account f~1anager, Arthur J. Gallagher Co., 11010 Prairie Lakes Drive, Suite 350, Eden Prairie, addressed the council. Ms. Stanton gave a presentation regarding the Insurance Summary Review and answered questions of the council. b. Tony Becker, CIC. Senior Area Vice President, Arthur J. Gallagher Co., 11010 Prairie Lakes Drive, quite 350, Eden Prairie, addressed the council. Mr. Becker gave a presentation and answered questions of the council. 2. Review of Tax Increment Financing (TIF) Housing Districts -Paul Steinman - Springsted a. Paul Steinman, Vice President/Consultant, Springsted Inc., 380 Jackson Street, Suite 300, St. Paul gave a presentation and addressed and answered questions of the council. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:37 p.m. May 12, 2008 City Council/Manager Workshop Minutes MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, May 12, 2008 Council Chambers, City Hall Meeting No. 15-08 A. CALL TO ORDER Agenda Item E5 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:37 p.m. by Mayor Longrie. _ _. B. PLEDGE OF ALLEGIANCE __ ____ C. ROLL CALL Diana Longrie, Mayor Present _ Erik Hjelle, Councilmember :::Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember :::.Present D. APPROVAL OF AGENDA Councilmember Hjelle moved to continue tho council meeting through item L2 and meet again on Thursday, May 15, 2008, at 5:00 p.m. for the reminder of the council items. The public hearing ,,,,, item would be at 7:00 p.m. Seconded by Nephew. Ryes -Mayor Longrie, Councilmembers Hjelle, Nephew &Rossbach -Councilmember Juenemann The motion p~ssed:__ E. ..APPROVAL (~ MINUTES ~~uncilmember Hjelle rnoveci to ep~rove the April 28, 2008, 5:00 Special Closed Session Muting minutes as su1a11~itted. Seconde~3 by Councilmember Ayes -All The motion pied. Approval of the April 28, 2008, City Council Meeting Minutes Councilmember Juenemann requested that the recording secretary verify the correct spelling on page 37, item K1, speaker number 1. Michelle DeMar at 2746 Clarence Street verifying the spelling of her last name. (The recording secretary confirmed that according to Ramsey County records the correct spelling is Demarre. The corrections were made to the minutes.) Councilmember Hjelle moved to approve the April 28, 2008, City Council Meeting minutes as amended. May 12, 2008 City Council Meeting Minutes Seconded by Councilmember Nephew. Ayes -All The motion passed. Councilmember Nephew moved to approve the May 1, 2008, Special Closed Session Meeting Minutes as submitted. Seconded by Councilmember Hjelle. Ayes -Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Abstain -Councilmember Juenemann The motion passed. F. VISITOR PRESENTATIONS -PART 1. Bill Schriener, 1098 Beaver Creek Parhuuay. Maplewood. Mr. Schriener stated some time ago he went to the Maplewood City Hill to speak with ~ planner in the Planning Department and he requested to look at the tree plan for the Beaver Creek development. He was told a tree plan existed but nobody could fir~~i fhe tree plan. This concerned Mr. Schriener so he mentioned it several times at previous council meetings. Recently he revisited the Planning Department when he heard the tree plan had been located and it had been put away in the wroncd aria. He was sur~ri~ed and upset to see the tree plan in question had been dated March 7. 2000, when the true plan supposedly existed years ago when the development proposalc~me before the council for approval. This concerned him and he wanted the council to be ~w~re of thts irt7pc~rtant fact. 2. Roger Kyle,.1140 beaver Creek Parkway, Maplewood. Mr. Kyle said he is a neighbor of Mr. Schrrener and he teo was concerned about the tree plan that Mr. Schriener spoke of. He has other concerns regarding this d~:velopment and wanted to bring this information to the attentit?n of the council..... -Mayor Longrie requested that Mr. Rh- chedule a follow up on this for the city council and stated that the council would like to see this tree plan in question that was mentioned by the two re~icients dated March 7, 2008. 3; Elizabeth Slette~i. 27-t7 Glar:~nce Street North, Maplewood. Ms. Sletten discussed the Sniffer article that f~1~y~grie had discussed at a past council meeting and referenced ,Honey that was to=be spent by city's to pay for the use of Sniffers. Ms. Sletten also ~~entioned that she has made several data practice requests that she still has not received which she requested over a month ago and wanted to know when it would be availal. 4. Bob Zick 2515 White Bear Avenue, Maplewood. Mr. Zick said his comments and concerns during visitor presentations haven't been accurately reflected in the council minutes and he asked why that was. Mr. Zick went on to discuss a number of controversial items such as his opinion that there are political payoff's going on at the city and that former City Manager, Richard Fursman should not have received reimbursement of $8,700 for educational expenses from his former contract. Mr. Zick stated he wants someone to find out the price difference for educational expenses for the classes Mr. Fursman took at St. Thomas compared to the price of classes at the University of Minnesota. Mr. Zick stated there were allegations of a former City Manager regarding sexual harassment, he discussed allegations of $4,000 legal fees for Applewood Park against Nancy Lazaryan May 12, 2008 2 City Council Meeting Minutes and Mr. Zick discussed the fact that the Maplewood Fire Department is suspected of stealing computers from the Wipers Recycling building in Maplewood since the Fire Department had keys to the building. G. ADMINISTRATIVE PRESENTATIONS None. Mayor Longrie stated that due to the schedule the council is following and that its 7:00 p. m., item H. would be moved to the end of the council meeting. H. COUNCIL PRESENTATIONS 1. Request for Ideas and Designs for Building a Personal Fire Pit -Councilmember Hjelle _ __ 2. The "Nicest" Fire Pit in Maplewood Contest - Cou,icilrr,emk~er Hjelle 3. Update regarding on-line Council Packets -Mayor hangrie 4. Follow-up Regarding Contacts at 3M. -Mayor ~~ngrie _ 5. Follow-up of Recycling of Printer Cartridges ~, h1ayor Longrie 6. Attending the Ball of the Wild -Mayor Longrie 7. Beaver Lake Follow up -Mayor Longrie I. APPOINTMENTS AND PRESENTATIONS 1. Proclamation - 2008 Police Week a. Maplewood Police Chief. Dave_Thomalla gave the report. b. Mayor Longrie read the.Proclart~ation aloud. Councilmember Juenemann moved to a~aprovo the ProeKa~~ation in recognition of May 11-17. 2008, as Police Week aid May 15. 200 as Peace Officers Memorial Day. PROCLAMATION WHEREAS, the Congress and president of the Jiiited States have designated May 15 as Peace Officers Memoriai Day and the ~~ek in which ~t falls as Police Week; and WHEREAS. the memhe~•s of the Maplewood Police Department play an essential role in .safeguarding the rights a~7ci freedoms of the citizens of Maplewood; and VtIHEREAS, it is important that all .citizens know and understand the problems, duties and responsibilities of their police department and that members of our police department recognize their: duty to serve the I7eople by safeguarding life and property, by protecting them against violenr~ or disorder and by protecting the innocent against deception and the weak against oppressfdn flr intimidation: and WHEREAS, the I~lapkewood Police Department has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service; NOW, THEREFORE, we, the City Council of Maplewood, call upon all citizens of Maplewood and upon all patriotic, civil and educational organizations to observe the week of May 11 through 17, 2008, as Police Week, with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. May 12, 2008 3 City Council Meeting Minutes WE FURTHER call upon all citizens of Maplewood to observe Thursday, May 15, 2008, as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. IN WITNESS WHEREOF, we have hereunto set our hands and caused the Seal of the City of Maplewood to be affixed. Done at the City of Maplewood this date of May 12, 2008. Diana Longrie, Mayor Kathleen Juenemann, Councilmember Will Rassbach, Councilmember Erik Hjelle, Councilmember John Nephew, Councilmember Seconded by Councilmember Nephew. Ayes -All The motion passed. 2. Resolutionaf Appreciation for James Beardsley, Environmental and Natural Resources Commissicrn.- a. Acting City Manager, Chuck Ahl introduced the report. b. Mayor Longrie read the Resolutit~n of Appreciation for James Beardsley aloud. Councaln~en~ber Nephew moved to a~r~mve th~Resolution of Appreciation for James Beardsley on the Envlrortt>1ent~l end Natural Resources Commission. RESOLUTION 08-05-063 - RES DL UTION OF APPRECIATION WHEREAS, Jar»~s Beardsley has been a member of the Maplewood Environmental and N~~tt~r~l Resources Cr~rnmission for one year and two months, from December 11, 2006, to Febru~~ry 29, 200^. anc'served on the Environmental and Natural Resources Committee for two years proto that, ~~~d has served faithfully in that capacity; and WHEREAS: the Environmental and Natural Resources Commission has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Beardsley has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Beardsley has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. May 12, 2008 4 City Council Meeting Minutes NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that James Beardsley is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on May 12, 2008. Diana Longrie, Mayor Passed by the Maplewood Environmental and Natural Resources Commission on April 1, 2008. Attest: Karen Guilfoile, City Clerk Seconded by Councilmember Juenemann. Ayes -All The motion passed. J. PUBLIC HEARINGS 1. Hazelwood Street Improvet»ents, City Project 07-25. a. Assessment Hearing 7~0O p.m. b. Resolut~~rrfor Ado{~tion of ~lssessn~ent Roll. c.-- Resolution for wo Perking. d. Resolution f~, Awarding Construction Contract. e. Maplewood Civil E~~gineer II, Michael Thompson gave the presentation and read the objections aloud that ufere received prior to the council meeting. Mr. Thompson answered c~u~stions ofthe council. f. Acting City f~tanager, Put~lic Works Director, Chuck Ahl said the Assessment Hearing Objection For ms. are on the table in the back of the room. If residents in this area complete one of these objection forms they should be presented to the city clerk or the Ci~tl Engineer prior to the Mayor closing the public hearing in order for the objection fori~~sto he accepted. Mayor Longrie opened the public hearing. Patrick Horan, 2034 Hazelwood Avenue, Maplewood. Mr. Horan said he believes the restriction for parking should be setback to the south of the Gateway Trail on the east side of Hazelwood a significant distance so that any cars that would be parking in the now permitted proposed parking area would not obstruct the view of the drivers of the cars as well as the pedestrians as people skateboard, rollerblade or push strollers through the area. (Michael Thompson said staff is acting on this request. Staff is requesting that the council adopt the "no parking resolution" now but would likely bring this back to the council on June 9t" to readopt a new version of the resolution with the input received.) May 12, 2008 5 City Council Meeting Minutes Mayor Longrie closed the public hearing Councilmember Rossbach moved to approve the Adoption of the Assessment Roll for the Hazelwood Street Improvements Project, City Proiect 07-25, less all obiections as noted within this report and five obiections received at the assessment hearing. Objections will be referred to staff for review and recommendation to the city council at the June 9, 2008, regular meeting. RESOLUTION 08-05-064 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Cor~n~il on March 24th, 2008, calling for a Public Hearing, the assessment roll for the Hazeltivo~ Street Improvements, City Project 07-25, was presented in a Public Hearing format, pursuant t4_Minnesota Statutes, _ _ __ Chapter 429, and WHEREAS, the following property owners have_tiled objections t~ t€~eir assessments according to the requirements of Minnesota Statutes_ Chapter 429, summari~~c1 as follows: 1. Stanley Sommers, 2107 Hazelwood Street PIN 15-29 22-21-0039) 2. William Carlson (son) on behalf of Elizabeth and Will,ani Carlson, 1962 Hazelwood Street (PIN 15-29-22-13-0051) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk ire hereby r,~structect t~ review the objections received, as noted above, along with any and aIE ob~ect,~ns file~f at the Assessment Hearing, and report to the City Coun~;il of the regular meeting on June 9`~, 2008. as to their recommendations for adjustments. The City Engineer and City=.Clerk are hereby instructed to delay all assessments proposed for tine above objections thereof and shall be included in the final recommendations of the City Engineer on June 9t", 2008. 2. The assessment roll fer the Haze[~,vo©d Street Improvements as amended, without those property owners` assessments that have fifed objections, a copy of which is attached hereto and nude a ~~rt hereof, is hereby adopted. Said assessment roll shall constitute the special assessmeiif against tl~eJa,7ds named therein, and each tract of land therein included is hereby found tc~ be benefited by the proposed improvement in the amount of the assessment levied against it. 3. -Such assessments shall be payable in equal annual installments extending over a period of 15 dears, the first installments to be payable on or before the first Monday in January 2009 and shawl hear int~r'est at the rate of 6.0 percent per annum for the date of the adoption of this assessineht resoiatir?ii. To the first installment shall be added interest on the entire assessment from-the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2008, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2008, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next May 12, 2008 6 City Council Meeting Minutes succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November 1, 2008, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 12t" day of May 2008. Seconded by Councilmember Juenemann. Ayes -All The motion passed. Councilmember Rossbach moved to table the Resolu#ion Adopting the "No Parking" restrictions as stated herein until such time staff has-time to further clarify and work with the neighbors. Seconded by Mayor Longrie. Ayes -All The motion to table passed. Councilmember Juer~eti~atin awed to Award the Base Bid, Bid Alternate #1 and partial Bid Alternate #3 portions of the construction ci~ntract for the Hazelwood Street Improvement Project, City Project 07 2~, to Tower Asphalt Inc. of Lakeland, Minnesota in the amount of $1,241,296.25. RESOLUTION 08-05-065 AWARD_OF 131DS BE f~ESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the t~id of TowerAsphaJt Incorp©rated in the amount of $1,241,296.25, which includes the Base Bid, Sci Alternate #1 anal ~~rti~l Bid alternate #3 portions of the contract, is the lowest responsible bid fir the construction ~f Hazelwood street Improvements, City Project 07-25, and the mayor and clerk are hereby authorized end directed to enter into a contract with said bidder for and on behalf of the. city. The finance director is hereby authorized to make the financial transfers necessary to implement the financu~c~. p1;an fir the project. Adopted by the t~Qttncil on this 12t" day of May, 2008. Seconded by Councilmember Hjelle. Ayes -All The motion passed. May 12, 2008 7 City Council Meeting Minutes K. UNFINISHED BUSINESS Kohlman Lane Area Street Improvements, City Project 07-21, Resolution Adopting Revised Assessment Roll. a. Maplewood Civil Engineer II, Michael Thompson gave the presentation. Mayor Longrie asked if any citizens wanted to speak regarding this item. There were no speakers to come forward. Councilmember Nephew moved to approve the Resolution for the P,dor~tion of the Revised Assessment Roll for the Kohlman Lane Area Street Improvements, Proiect 07-21. Further moving to Approve the Deferral for John Kaskey, 2674 Keller Parkway North. RESOLUTION 08-05-066 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council ©n April 28t", 2008, the assessment roll for the Kohlman Lane Area Street improvements, City Project D7-21, was presented in a Public Hearing format, pursuant to f~linnesota Statutes, Chapter 42~J, and WHEREAS, eleven property owners filed ari objection fo their assessment according to the requirements of Minnesota Statutes, Chapter 429,: surnrnarized as follows: 1. Karen Benker, 2786 Keller Parf:way {PLN 04-29-22-~2-f3014): It is currently proposed that the lot be assessed for 2 assessment. units (water mein. s~iiitary sewer, and storm sewer) since it has been verified that the parcel can tae splitintotwo lots. Nls. Benker is requesting that the assessment for the future lot be deferred. f~1rs, Ben4cer f»s requested cancellation of the storm sewer asses5n~en# amount. 2. Robert Hjort, g70 Kohlman Lane (PIN 04-29-22-31-0019): It is currently proposed that the lot be assessedfor 2 units (street, water main; and storm sewer) since it has been verified that the parcel can be_split. N1r. H}ort is requesting that the 1 unit assessment for the future lot be deferred. f~1r. Hjort is_also reyuestitiq t}~at_the property description on the assessment statement ,1~~tch the ttescription on his tax statement. 3. R Brett Day, 851: County F:o~d C E (PIN 04-29-22-31-0001): Mr. Day requests that a revision be made to the assessment Eaecause the street will not be wider than currently exists on ::::Linden Lane. 4. Dan+el Rydel and Kealy Bretz, 980 Kohlman Court E (PIN 04-29-22-31-0015): A revision to the water assessment is requested because there is an existing water line within Kohlman Court. 5. Raymond Anderson, 989 Kohlman Court E (PIN 04-29-22-31-0013): Mr. Anderson is requesting ~ fevision to the water assessment because there is an existing water line within Kohlman Court. 6. John Kaskey, 2674 Keller Parkway N (PIN 04-29-22-33-0008): Mr. Kaskey is requesting a revision or deferral to the assessments because he has a second access onto Keller Parkway, and Linden Lane is no longer his primary access. 7. John Olin, 2756 Keller Parkway N (PIN 04-29-22-33-0001): Mr. Olin is requesting a revision to the storm sewer assessment. May 12, 2008 $ City Council Meeting Minutes 8. David Taklo, 2770 Keller Parkway N (PIN 04-29-22-32-0045): Mr. Taklo is requesting cancellation of the storm sewer assessment. 9. Roland Renner, 2780 Keller Parkway N (PIN 04-29-22-32-0015): Mr. Renner is requesting cancellation of the storm sewer assessment. 10. Robert Stine, 2814 Keller Parkway N (PIN 04-29-22-32-0012): Mr. Stine is requesting a revision to the storm sewer assessment. 11. Alicia Pechmann & Cory Gilbert, 2828 Keller Parkway N (PIN 04-29-22-32-0011): Mr. Gilbert is requesting cancellation of the storm sewer assessment. _ _. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: - - a_ _ __ A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Kohlman Lane Area Street Improvements. City, Project 07-21: 1. Karen Benker, 2786 Keller Parkway (PIN Opt-29-22-32-0014): Grant deferra#--of the second unit assessment, without interest, until such time property is split and second la is developed, subject to a signed agreement. If the property is not developed within 15 yeas from the date of the assessment hearing, the deferred assessment shall tie cancelled. Deny request for cancellation of the storm sewer assessment. 2. Robert Hjort, 970 Kohlman Lane (PIN 04=29-22-31-0019): -Grant deferral of the second unit assessment, without interest, until such time property is s}~a,fand second lot is developed, subject to a signed agreement. If the prohe,ty is nQt c~_eveloped within 15 years from the date of the assessment hearing. the deferred ~ssessmenfshaU-be cancelled. Staff is working on Mr. Hjort's request thaf the property description on the assessment statement match the description on his tax statement. 3. R Brett Day. 851 County Road. G E (PIN 0-t-29-22-31-0001): Deny request that a revision be made to the assessment because the pra~osed street will not be wider than currently exists on Linden Line. No revision is being recommended because many streets within the city have varying widths and the assessment amount is a city council set residential rate regardless of street width.: 4: Daniel Rydel and-Kelly Bretz. 9S0 Kohlman Court E (PIN 04-29-22-31-0015): Deny a revision #a the water assessment. The water assessment has already been reduced from $4,510 to $3;270 understandingg hat there is already a water line within the roadway. The assessment is nc~t being recommended for further reduction because the assessment is still required to pay for-costs associated with water main extension from the City of Little Canada to Kohlman Court in Maplewood. The $3,270 fee is the standard fee for all properties when they make a connection to iivafer main. 5. Raymond Anderson, 989 Kohlman Court E (PIN 04-29-22-31-0013): Deny a revision to the water assessment. The water assessment has already been reduced from $4,510 to $3,270 understanding that there is already a water line within the roadway. The assessment is not being recommended for further reduction because the assessment is still required to pay for costs associated with water main extension from the City of Little Canada to Kohlman Court in Maplewood. The $3,270 fee is the standard fee for all properties when they make a connection to water main. May 12, 2008 g City Council Meeting Minutes 6. John Kaskey, 2674 Keller Parkway N (PIN 04-29-22-33-0008): Approve a revision to the assessments and cancel all assessments at this time. The street and storm sewer assessments would be made against the property when Keller Parkway is improved along the frontage of the property. 7. John Olin, 2756 Keller Parkway N (PIN 04-29-22-33-0001): Deny the request for revision to the storm sewer assessment. 8. David Taklo, 2770 Keller Parkway N (PIN 04-29-22-32-0045): Deny the request for cancellation of the storm sewer assessment. 9. Roland Renner, 2780 Keller Parkway N (PIN 04-29-22-32-0015j: Deny the request for cancellation of the storm sewer assessment. 10. Robert Stine, 2814 Keller Parkway N (PIN 04-29-22-3.2-0012): ^eny the request for a revision to the storm sewer assessment. 11. Alicia Pechmann & Cory Gilbert, 2828 Keller Parkway N (PIN 04-29-22-32-0011): Deny the request for cancellation of the storm sewer assessment. B. The assessment roll for the Kohlman Lane Ares Street I,rrprovements, City Project 07-21, as amended, is hereby accepted, a copy of which: isattached-hereto and made a part hereof. Said assessment roll shall constitute the assessment ~€~ainst the lands named therein, and each tract of land therein included. is hereby found t~ €~e benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payabEein equal~nnual installrii~:~ts extending over a period of 15 years, the first installments to be ~~yable art or before the first Monday in January 2009 and shall bear intere5f at the rate of C~.0 percent per aririuni for the date of the adoption of this assessment resolution. To i1e first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of and {property so assessed. may, at any time prior to certification of the assessu~ent to the Eounty auditor, but no dater than October 1, 2008, pay the whole of the assessrnertt pn such property, with interest accrued to the date of the payment, to the office cif the city engineer. except that no interest shall be charged if the entire assessment is paid within 30 days frcm the adoption of this resolution; and they may, at any time after October 1, 2008, pay to the county auditor the entire amount of the assessment remaining unpaid, with }interest accrued tc~ December ~1 of the year in which such payment is made. Such payment mast be made before October 15 or interest will be charged through December 31 of the next succeeding year. E. The city ertrJineer and city clerk shall forthwith after October 1, 2008, but no later than November ~ , 200, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 12th day of May 2008. Seconded by Mayor Longrie. Ayes -Mayor Longrie, Councilmembers Hjelle, Juenemann, Nephew, Nay - Councilmember Rossbach May 12, 2008 10 City Council Meeting Minutes The motion passed. 2. Myrtle-Sterling Street Improvements, City Project 07-19, Resolution Adopting Revised Assessment Roll. a. Maplewood Civil Engineer II, Michael Thompson gave the presentation. Mayor Longrie asked if anyone wanted to speak regarding this item. There were no speakers to come forward. Councilmember Juenemann moved to approve the Resolution for the Adoption of the Revised Assessment Roll for the Myrtle-Sterling Street Improvements, City Project 07-19. RESOLUTION 08-05-Q67 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 28t", 2008, the assessment roll for the Myrtle-Sterling Street Irr~provements, Gity Project 07-19, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapt'rr 429, and WHEREAS, five property owners filed an objection to-their assessment according to the requirements of Minnesota Statutes, Chapter 429, sunimarized as follows: 1. James and Franceen Thurstin, 4tvners: 1595 Myrtle Street 1PIN 242922220018): Mr. and Mrs. Thurstin request that the second lot ussessi~ient to their p~=operty be deferred. 2. Brian Jents, Owner: 1536.~1yrtle Strut.(PlN 242922220fJ07i: Mr. Jents requests a revision of assessment to postpone interest accrual on the assessment until the project is completed. 3. Judith Cloy, Uwner: 1580 Myrtle Street (PIN 242922220014): Ms. Clos requests that the second lot assessment to iee property he deferred. 4. Michelle 6ul:l:e. Gwi~er: 1G22 Myrtle Street fPIN 242922220009): Mrs. Bakke requests a deferral of assessment bused upon a financial hardship. 5; Hill Murray Foundation. G/U Joe Peschges, 2625 Larpenteur Avenue East (PIN 132922430002}: lltlr. Peschc~es requests the cancellation of the storm assessment to this ::property because the: assessment for the proposed improvements does not seem appropriate with. the closing of Sterling Street. NOW. ~MEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:::._ A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Myrtle-Sterling Street Improvements, Project 07-19: James and Franceen Thurstin, Owners: 1595 Myrtle Street (PIN 242922220018): Grant deferral of second unit assessment, without interest, until such time property is developed, subject to a signed agreement. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 2. Brian Jents, Owner: 1636 Myrtle Street (PIN 242922220007): Deny request to withhold interest accrual until project is completed. It is consistent with past city projects, in treating all May 12, 2008 11 City Council Meeting Minutes property owners equally, to begin assessment interest accrual after the adoption of the assessment roll. There is a 30 day window whereby payments can be made interest free to the City as described in the official assessment statement notice. 3. Judith Clos, Owner: 1580 Myrtle Street (PIN 242922220014): Grant deferral of second unit assessment, without interest, until such time property is developed, subject to a signed agreement. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 4. Michelle Bakke, Owner: 1622 Myrtle Street (PIN 242922220009): Grant deferral of assessment, upon approval of necessary financial paperwork. _ _. 5. Hill Murray Foundation, C/O Joe Peschges, 2625 Larpenteur Avenue East (PIN 132922430002): Deny request for cancellation of assessrner~t..Staff recognized the lack of an _ __ improvement to the street section in this area and therefore did not_hropose a street assessment. The only assessment proposed for this property is tf~e storm sewer assessment. This assessment was proposed due to the proposed installation of st~rr~_sewer piping and an infiltration basin south of Ripley Avenue. Likewise.-fhe removal of pavenjent through the wetland area and the installation of native plantings will improve the quality of-stormwater runoff in the area. -- - F. The assessment roll for the Myrtle-Sterling Street_Improvements, City Project 07-19, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the assessment against the lands named therein, and each tract of land therein included is her~hy found t~ be. t~enefited by the proposed improvement in the amount of the assessment levied against it. G. Such assessments shall be payable ir, ecluai annual installments extending over a period of 15 years, the first ii7stallments to be payable on or before. the first Monday in January 2009 and shall bear ii7ter-est at the rate of 6.Q.-=peroent per annum for the date of the adoption of this assessment®resolution. To the first instaltra~ent shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. To each subsequent installment uvhen due shall be added interest-.for one year on all unpaid installments. H. The .owner of any pt•aperty so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2008, pay the whole of the .:::::assessment on such pi~perty, with interest accrued to the date of the payment, to the office of the city engineer. excep# that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2008, pay to tfie county auditor the entire amount of the assessment remaining unpaid, v+fith interest accrued to December 31 of the year in which such payment is made. Such payment must be m~cie before October 15 or interest will be charged through December 31 of tfie next succe~dirrg year. I. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November 15t; 2008, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 12th day of May 2008. Seconded by Councilmember Rossbach. Ayes -All The motion passed May 12, 2008 12 City Council Meeting Minutes Mayor Longrie requested a 5-Minute Recess. The council meeting reconvened. 3. Carver Crossing Development -Consideration Litigation Settlement. a. Consider Conditional Use Permit for Planned Unit Development b. Consider Directing Vacation of Existing Easements c. Consider Preliminary Plat d. Consider Approval of Settlement of Litigation through Approval of Development Contract 1. John Baker, Attorney, Greene Espel, PLLP gave the report and addressed and answered questions of the council. 2. Howard Roston, Attorney Representing the /applicant, 220 South Sixth Street, Suite 1900, Minneapolis. Zddressed and answered questions of the council. 3. Kurt Schneider, CoPar Com~~ar~ies, 8677 Eagle Point Blvd, Lake Elmo, addressed and answered questions of the council 4. Clark Wicklund, Engineer, RI1i~nt EngineeFi,~q, 233 Park Avenue S., Ste. 300, Minneapolis addressed a,id answered Questions of the council. 5. Alan Kantrud, City Attorney. addressed end answered questions of the council. 6. Chuck Ahl, Acting City Manager, Public Works Director addressed and answered questions of the council. 7. Tom Ekstrand, Senior Planner addressed :and answered questions of the ,,,,, council Mayor Longrie a5kerf f_anyone wanted to speak rec~~eding this item. 1. Ron C~~krel, 943 Century Avenue, Maplewood. Mr. Cockriel asked questions and made staterrSents regarding this developmenf. 2. Ms. Michel 6ailey~~k615 StertingStreet South, Maplewood. (spoke twice) Ms. Bailey --asked cauestiens and made statements regarding this development. 3. Howard I~~ston. Attorney Representing the Applicant, 220 Sixth Street South, Suite 1900, Minneapolis addressectt#~e council again. ~. Mark Bonitz, 1 G35 Sterling Street South, Maplewood. Mr. Bonitz asked questions and ,Wade statements regarding this development. 5. John Baker, Attorney, Greene Espel, PLLP pave the report and addressed and answered auestions of the council. May 12, 2008 13 City Council Meeting Minutes Councilmember Rossbach moved to approve the Resolution approving a Conditional Use Permit fora 174-unit planned unit development for the Carver Crossing of Maplewood development on the west side of I-494. south of Carver Avenue. RESOLUTION 08-05-068 CONDITIONAL USE PERMIT WHEREAS, Mr. Kurt Schneider, representing CoPar Companies, applied for a conditional use permit (CUP) for the 174-unit Carver Crossing of Maplewood residential planned unit development (PUD). WHEREAS, this permit applies to the area south of Carver Avenue and west of I-494. WHEREAS, the legal descriptions of the properties are: Commitment No. 242035 PARCEL A: The West One-half (1/2) of the NortheaStQuarter (1/4j of the Southwest Quarter (1/4) of Section Twenty-four (24), Township Twenty-eight (28}, Range Twenty-two (22), lying Westerly of the Westerly right-of-way line of State Trunk Highway ~9~t. Ramsey County, Minnesota; Except the North 150 feet of the Northwest Quarter (1!~)=of the Northeast Quarter (1/4) of the Southwest Quarter (1l4) of Section Twenty-four (24), Township Twenty-eight (28), Range Twenty-two (22) lying Westerly gf the Westerly right-of-way line of State Trunk Highway 494; And also except that part of the Northeast CJuarter of the Southwest Quarter (NE 1/4 SW 1/4), Section 24, T~~~rtship 28 North; Range 22 West; Ramsey County, Minnesota, described as follows: Commencinct at the infers~ction point of the North line of the Southwest Quarter (SW 1/4); Section 24 anti the Westerly Right--t~f-Way line of T.H. #393; thence Southwesterly along the Westerly Right-of-Way line ref T.H. #393, a distance of 223.75 feet to the actual point of beginning of the tract f~ be herein described; thence continuing Southwesterly along said Westerly Right-of- h+lay-line of T.H. #3g~ a ciist~nce of 200 feet, to an angle point in said Right-of-Way line of said T.H. #393, a dista,~oe of 195.51 feet, to another angle point in the said Right-of-Way line; thence ~lor#hesterly, along a ain~ drawn parallel to and 168 feet Northwesterly of the said Westerly Right-af-Way line, as rneasured at right angles, a distance of 246.49 feet, more or less, to its intersection with a line drawn parallel to the North line of said SW 1/4, Section 24 and Westerly from the actual point of Ieginning; thence East along said parallel line, a distance of 176.32 feet, more or less; to the actual point of beginning. And the West 97~f.9 feet of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Twenty four (24), Township Twenty-Eight (28), Range Twenty-two (22), except the North Five Hundred feet (500 ft.) thereof, all lying Westerly of the Westerly Right-of-Way line of State Trunk Highway 494, Ramsey County, Minnesota. And the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section Twenty-four (24), Township Twenty-eight (28), Range Twenty-two (22), Ramsey County, Minnesota; except that part taken by County of Ramsey in Final Certificates filed as Document No.'s 2254933 and 2256730. May 12, 2008 14 City Council Meeting Minutes PARCEL B: That part of the Northeast 1/4 of the Southwest 1/4, Section 24, Township 28, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the intersection point of the North line of the Southwest 1/4, Section 24 and the Westerly Right-of-Way line of Trunk Highway #393; thence Southwesterly along the Westerly Right-of-Way line of Trunk Highway #393, a distance of 223.75 feet to the actual point of beginning of the tract to be herein described; thence continuing Southwesterly along said Westerly Right-of-Way line of Trunk Highway #393, a distance of 200 feet, to an angle point in said Right-of-Way line; thence deflecting Southwesterly 59 degrees--14=+ninutes to the right, continuing along the Right-of-Way line of said Trunk Highway #'~33, ~ distance of 195.51 feet, to another angle point in the said Right-of-Way line; thence Northeasterly, along a line drawn parallel to and 168 feet Northwesterly of the said Westerly Fight-of-l~iay line, as measured at right angles, a distance of 246.49 feet, more or less, to its~,t~tersect,on with a line drawn parallel to the North line of said Southwest 1/4, Section 24 and Westerly from tiie_ackual point of beginning; __ thence East along said parallel line, a distance of 176.32 feet, more or less, tc~ the actual point of beginning. PARCEL C: The Northwest Quarter (NW 1/4) of the Northwest Qua+~ter' (NW 1/4) of the Southwest Quarter (SW 1/4) of Section Twenty-four (24j, Township Twenty-eight (28), Range Twenty-two (22), Ramsey County, Minnesota. Commitment No. 240565 - PARCEL D: The Southeast 114 of the Northwest 1/4 of the southwest 1/4 of Section 24, Township 28, Range 22, Ramsey County, Minnesota; together with an easement over that part of the Northeast 1/4 of the Northwest 1'4 t~f the Southwest 1r"4 of s~ici Section 24 and the Northwest 1/4 of the Northeast 1/4 of the Southwest 1i4 of said Set~tion 2~; k~e,ng 33.00 feet either side of the following described centerfir~e: Commencing at the Northeast corner of said Southeast 1/4 of the Northwest 1/4 of the Southwest 1'~ 4f Section 24; thence South 89 degrees 58 minutes 49 seconds West (assumed bearing) along the :North line tf~ereof a distance of 33.00 feet to the point of beginning of said centerline; thence Noctt~e~sterly on anon-tangential curve concave to the Southeast having a chard bearing of North 3; cie~rees ~3 minutes 49 seconds East with a radius of 120.00 feet, centrel angle of 67 degrees, 28 minutes 00 seconds, a distance of 141.37 feet; thence North 67 degrees; 28 minutes 49 seconds East; tangent to last described curve a distance of 217.69 feet, more or less, to the Right of Way of Inter-State Highway No. 494 and there terminating. Commitment No. 249767 PARCEL E: That part of the Southeast Quarter of the Northwest Quarter (SE 1/4 of NW 1/4) of Section 24, Township 28 Range 22, described as follows: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter (N. line SE'/4 of NW 1/4) of Section Twenty four (24), Township Twenty eight (28), Range Twenty two (22), a distance of 325.3 feet West of the Northeast corner thereof thence West along said North line a distance of 975.93 feet to the Northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 24 (NW corner SE 1/4 of NW 1/4); thence Southerly, along the West line May 12, 2008 15 City Council Meeting Minutes of said Quarter-Quarter section line, a distance of Five Hundred (500) feet; thence East, and parallel with the North line, a distance of 974.93 feet; thence Northerly Five Hundred (500) feet to the point of beginning; except the East 150 feet of the North 290.4 feet and except the West 110 feet of the North 396 feet, Ramsey County, Minnesota. 2410 Carver Avenue Maplewood, Minnesota Abstract Property, Ramsey County Commitment No. 242032 PARCEL F: The Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 24, Township 28, Range 22, according to the government survey th~retif. Ramsey County, Minnesota 1501 Henry Lane S Maplewood, Minnesota 55119 Abstract Property, Ramsey County All in Section 24, Township 28, Range 22, Ramsey-County, Minnesota. (The ~raperty to be known as Carver Crossing of Maplewood) WHEREAS, the history of this conditional use {permit is as follows: 1. On April 15, 2008, the planning c~on~missiar~ held a public hearing. The city staff published a notice in the paper and sent notices to thesurrounding property owners. The planning commission gave persons at the hearing ~ ch7rlce fo sped: aid present written statements. The commission also considered ref~t~rts end CeCfln~niendati©ns of the city staff. The planning commission rec~~~ti~ended fiat the city. t~o~ir~ei( deny the conditional use permit. 2. On May 5. 2008. the Maplewood City Council discussed the proposed conditional use permit. They consider~ci reports and r-ecommenddtionsfrnm the planning commission and city staff. 3. On May 12, 2008, tt7e-C[ty council discussed a revised proposal plan that showed 174 ur~#~on the site. NOW, THEREFORE,..BE IT RESOLVED that the city council approve the above- =described condition~i=use permit; k~ecause: 1. The use would be. located, designed, maintained, constructed and operated to be in .conformity with the=city's comprehensive plan and code of ordinances. 2. Tf1e use would nat change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. May 12, 2008 16 City Council Meeting Minutes 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped May 9, 20Q~, except where the city requires changes. These plans include only having emergency vehicle and trail access from the new development to Heights Avenue. The changes to the plans shall include: a. Revising the grading and site plans to show. , (1) Revised storm water pond locations and designs_as suggested or required by the watershed district or city engineer. The ponds shall meet the city's standards and the engineering department requ,remea~ts.- (2) The developer minimizin~_the loss or rema~!al of the vegetation and large trees. (3) All the changes required by the city engineer anr1 by the watershed district. The city council may approve major chantgos to the. plans. Gty staff may approve minor changes to the plans, 2. The proposed®construction ii~ust be substan#ially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. For purposes of this condition and for compliance with Section 4~=1099 of the Maplewood City Code, and based on the City's recent exwerience iri applying. this requirement, substantial ground or site preparation would constitute ~ substantial start on tl~ie proposed construction. 3; Have the city engineer approve final construction and engineering plans. These plans shall -meet all the conditions end changes noted in Michael Thompson's memo dated April 9, 2008, ::::and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation/rel?lacement, and parking plans. The cul-de-sac bulbs and round -about shall have the .minimum radius necessary to ensure that emergency vehicles can turn around: b. A final detailed storm water management plan. c. The folloti~iny for the streets and driveways: (1) Curb and gutter along the street, if the city engineer decides that it is necessary. (2) Clearly labeled public streets and private driveways on the plans. 4. The design of the ponds shall meet Maplewood's ordinance standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site pond and drainage easements, if applicable. May 12, 2008 17 City Council Meeting Minutes 5. Have the city environmental planner and city naturalist approve the wetland, grading and tree replacement/preservation plans. 6. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove any remaining debris, junk, fencing or fill from the site. _. d. Provide the city with verification that all the units or town houses on the proposed site plan will meet the state's noise standards. This shall be with a study, testing or other _ __ documentation. For any units that are within the 65-decibel noise contour, the contractor will have to build the units or town houses so that they carp meet the noise standards. This may be done with thicker walls, heavier windows. requiring air conditioning or other sound- deadening construction methods. The devele~ecshall provide the city virith this documentation before the city will issue ~ bu~l~ng permit for the town homes. 7. The approved setbacks for the principal structures in the Garver Crossing of Maplewood PUD shall be: a. Front-yard setback (from a pubic Street or a private driveway): minimum - 20 feet, maximum - 35 feet. b. Front-yard setback (public side street): minim~ni - 20 f~~t, n~~ximum -none. c. Rear-yard setback: 20 feet from any ~idjacent residential property line. d Side-yard setback: 15 feet rrrinimum between buildings. 8. The city council shall revi~~v this permit in one=year. The Maplewood City Council approved this resolution on May 12, 2008. Seconded by Councilrijer~r~ber Juenemann. Ayes - Councilmembers Juenemann, Nephew & Rossbach Nays -Mayor Longrie, ;: .- Councilmember Hjelle The motion passed. Mayor Longrie wanted her statement noted for the record regarding this proposal. Mayor Longrie said she has done a lot of thinking about this proposal and the Comprehensive Plan is a legal document that guides the land use based upon a public policy of an elected body. It's not just one small item in the comprehensive plan; it's a holistic look at many of the different principles within the comprehensive plan. Mr. Trippler from the planning commission went through the Comprehensive Plan and the different chapters very clearly and which parts needed to be looked at as a whole when this decision is made by the council. This document needs to be construed as a whole and not just as one aspect. May 12, 2008 18 City Council Meeting Minutes Mayor Longrie said she studies and reads very carefully all the documents that come before her. Her decision is based upon the things that were presented at the May 5, 2008, council meeting. She said she bases this decision on what she has read and what has been presented as part of the record. She said she has taken the time to extensively read the condensed transcript from the Maplewood City Council Meeting Continuation of the September 28t", 2006, meeting regarding when this proposal was reviewed before. Mayor Longrie said she is not able to recite this tonight as part of the record but she wants to say that what she read is in her mind and she wanted this submitted as part of the record. This is what Mayor Longrie said she bases her decision upon. At the hearing it was discussed whether or not there was municipal water and sewer service available. The council was asked that during our admissions whether or not to admit if there was municipal sewer and water service available to the property. The Gity of Maplewood said they would deny that and Mayor Longrie wanted that in the record. Mayo, Longrie said Mr. Ahl said at the last meeting that the moratorium was enacted before this litigation was started. Mayor Longrie said there is an amended complaint that she thinks was amended because the moratorium was enacted after the complaint was served and she wants that in the record because this documents the time frame of when all of these things happened::::: Mayor Longrie read a portion of an email aloud from Mr. Tom Ekstrand to Mr. Greg Copeland dated July 31, 2007. Mayor Longrie read: This rs based on the very extensive study that Rose Lorsung did, which is the south Maplewood sti~efy exer_utive surt~mary report. We had workshops on this, she said she can't ignore this, this is very iniport~nt; Phis is what we have been talking about and this is important to read into the record: Tlxe amity can stage the sewer extensions in anyway it sees appropriate with tf»ir current or proposed future land uses. Upon review of the regional planning expectations proii~~leci to .tire city by the libel Council for planning into the year 2030 their current land use guide is ~plarot~riate. Here are several different options that we have that flexibility as a council to make a l.~rrtt~lic t~olicy decrsion t~aseef on current and existing land use protocols. Those maps do show exactly what we have Here for R-1~R). There was something presented to the coun{.iI frQn~ tfie National Park Service. They talked about the Mississippi Critical Area in regard to sic~,~ficant cuktural managert~ent and comprehensive management. Mayor Longrie said shy went on the f~1et-.Council's ~vebsite to see what they say is the 2005 generalized land use for this :area. The Met Gauncil website says the area is undeveloped, it doesn't say R-1. Mayor Longrie said_she knrnvs that_we have tal~ect about archaeologist sites. She is disappointed that CoPar Compares didn't put into t#e=aecord their archaeological study and their survey. This is a cJaod survey and stye wants that informat+on put in there. Mayor Longrie said we already have Ali of the elocumenfatpn from the memorandum Planner, Mr. Ken Roberts put in his 2003 memorandum cif R=1 i R) anct. the rational behind it, what its all about, the importance of it and the ~r~blic policy decision .that was made in 2003. Mayor Longrie said she knows that ~~uncilmember Rossb~ch was on the city council then and he is very much a part of this. She InQtvs CouncilmemberJuenemann was on the council then too. Mayor Longrie said don t forget the history of where this came from and she wanted all of this information part of the record. The Minnesota Department of Natural Resources mentions the importance ref his area end the Fish Creek area. Mayor Longrie wished this would have been in the staff reporf but=i wasn't and it should have been because it's critical. Mayor Longrie said there were questions tearding the grading this evening during the council meeting. How is the grading going to affect the land? She asked if anybody had a grading plan to show us that so as a council we could discuss the grading? She said when she served on the Community Design Review Board and at the Planning Commission meetings there are grading plans and everybody is looking at the specs. Mayor Longrie wanted to have the slope analysis methodology which discusses that there are two different methodologies. These are the things that are on her mind and that are part of her decision. She said quite frankly she meant it when she said it before that the only way she can vote "for this plan" is if we say right here and now, without a bunch details that will never be hammered out, because she knows how government works, that the details will never be hammered out. Everybody's going to forget what went on at the meetings and the city May 12, 2008 19 City Council Meeting Minutes will have another crisis and another emergency and things will never get done. If we can say we are going to work together as a team, developer and city together on everything south of Fish Creek putting their resources together to get the funding to purchase that property through funding of some kind and then go with the plan north of Fish Creek, she could go vote for that. Mayor Longrie said anything other than that she simply can't vote for. Mayor Longrie said she doesn't trust that it will be preserved in that way. We all have the great vision it could be. If you don't put it down on paper, all the lawyers that are watching this meeting and are in the room know if it's not on paper, it's not binding. Councilmember Nephew wanted it added for the record the grading plan that was given to the council at the May 5, 2008, Council meeting. He said there must be nirzor changes for the adjustment of adding nine units but the basic outlines were provid~c~-fer the council. Councilmember Nephew said to his mind neither winning nor Ic~srrrt~ in court would accomplish what he thinks we need as a city for this plot of land. Because if ~t~. vvin in court and we hold the _ __ developer to 2 acre lots and it gets developed in that man€~er,-he still thinks the city is losing out on the ecological opportunity here. Eventuality in court-he thinks this has Tess likelihood to creating a path to conservation. ______ _ Councilmember Hjelle said the city has gone through this for almost 2 years rraw:-.His opposition to the original plan was and is still partially valid now. Unfortunately the issues ~t t#~~_time were more of a public safety concern. There were ot~vrausly other ss~es that he thoughf=were challenging. He still has issues with the way in whcht he .litigation was executed. He thinks the way in which the city has conducted itself, how the I~gal ~r~uments were made is very disappointing. But it still doesn't hide the fact that he think the first initial lawsuit was revolving around a staff person's complete fuilr~re to do_theirjob ~nc3 violating state law by not notifying the appropriate people within the 60-day rule. The City got threagtt=that problem which nobody said the city would be able to get through. lap-until the City of f~linnetrrst~ had gone through a court case things like this have never been successfully challeng~ci. Councilmember Hjelle said he thinks the city got to, a fiaint where there was a real effort by a bt of people to get this project to go through. One of tl~e realities are and he th%nks a lot of pe©ple have ignored is that these development projects, no matter how much you want them or how much you don't want them bring in a lot ~f money and the avenues broright into the city pay a lot of people's salaries. The City of Maplewaci has a budget of $38 million fwe levy $15 and $16 million. Councilmember Hjelle said the ciiffei~enre ca~rie~ in f~~om fees ~ncf revenue that are collected by other fees and permits: You ire fighting a 13ure~ucracy where self preservation is very important. Counci rrken~ber Hjelle 5ai~i he thinks that is what has driven a lot of this. Unfortunately at the end of fhe day he thinks cert~ir~ people have made a pretty good effort to try and look out for the best interest of the City of fLl~plewoorl and the Maplewood taxpayers. Especially living in south :Maplewood, the residents honored what we said we would honor a couple years ago which was tct preserve the existei~ee of the community there as it was with some limitations on development. Councilmember Hjelle said a perfect example of that is the Holler's Woods neighborhood. The homes are an a couple :acre lots there. Given what Mayor Longrie has already stated and the comments -that have: been made he doesn't know what more he can add because he agrees with about 95% of this. H~-said he votes no for this for the various reasons that were given. Seconded by Councilmember Juenemann. Ayes - Councilmembers Rossbach, Nephew &Juenemann Nays -Mayor Longrie, Councilmember Hjelle The motion passed. May 12, 2008 20 City Council Meeting Minutes Councilmember Rossbach moved to approve the resolution vacating the unused easements and right-of-ways within the Carver Crossing of Maplewood development (the area west of I-494 and south of Carver Avenue). VACATION RESOLUTION 08-05-069 WHEREAS, CoPar Companies applied to the city for the vacation of the following- described parts of a public right-of-way and the following easements: LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF HENRY LANE That part of Henry Lane turned back to the City of Maplewood per D©cument Number 1843272 and according to the Minnesota Department of Transportation_ Right-of Way Plat No. 62-19, Document Number 352354 and Minnesota Department of Tr~nsport~tion Right-of Way Plat No. _ __ 62-20, Document Number 3548682, and that part of Legislative Trunk Highway 393, currently known as Trunk Highway 494 as described in Final Certificate, Docur~n~;n#_Number 1565350, all __ filed in the office of County Recorder, Ramsey County. (Minnesota which lies-westerly of the following described line: _- Commencing at the northeast corner of the Southeast Quarter cf the Northwest Q~ar er of Section 24, Township 28, Range 22; thence South=~,9 degrees C~1 minutes 24 secor~tis West 607.01 feet on an assumed bearing along the north link of sa+d Southeast Quarter of the Northwest Quarter; thence South 00 degrees 52 minutes 01 seconds East 238.73 feet; thence easterly 169.04 feet along a tangential curve concave tc~ the northeast having a radius of 184.00 feet and a central angle of 52 degrees 38 mia~utes 12 secontls;_thence South 53 degrees 30 minutes 13 seconds East 42.60 feet to the point o~ heginning Qf said line; thence southeasterly, southerly and southwesterly 152.16 feet..-along ~ tar~genti~l curve concave to the southwest having a radius of 120.00 feet and a central angle of 72 degrees 3$ minutes 56 seconds; thence southwesterly 283.'3 feet along a reverse cud ue concave t~ the southeast having a radius of 7,800.93 feet and ~ central ~ngh of 02 degrees 04 minutes 51 seconds; thence South 17 degrees 03 minutes 52 seconds .West 520.15.=feet to a point hereinafter referred to as Point A and said line there terminating; Together with that part of sari Nenry Larne lying westerly, northwesterly and southeasterly of the following :60.00 foot strip: Said strip lies 30.OQ feet on each side of the following described centerline: ::::Commencing at the hereinbefore described Point A; thence continuing South 17 degrees 03 minutes 52 seconds West 157.55 feet; thence North 89 degrees 15 minutes 36 seconds East 31.51 feet to the point of beginning of said centerline; thence South 17 degrees 03 minutes 52 secards West 194.51 feel; thence southerly and southwesterly 218.59 feet along a tangential curve cone;ave to the northwest having a radius of 200.00 feet and a central angle of 62 degrees 37 minutes 19 seconds; Bence, South 79 degrees 41 minutes 11 seconds West 236.08 feet and said centerline there terminating. Easements and Right-of-ways to be Vacated: 1. A 30-foot-wide drainage and utility easement as defined in Document No. 2499330 2. The drainage easement as defined in Document No. 2499331. 3. A 60-foot-wide driveway easement as defined in Document No. 2060364. 4. A 66-foot-wide roadway and utility easement as defined in Document No. 2060365, 5. The Henry Lane right-of-way per MN DOT right-of-way Plat No. 62-19. 6. The Henry Lane right-of-way per MN DOT right-of-way Plat No. 62-20. May 12, 2008 21 City Council Meeting Minutes All in Section 24, Township 28, Range 22. WHEREAS, the history of these vacations is as follows: On April 15, 2008, the planning commission held a public hearing about this proposed vacation. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council deny the proposed vacations. 2. On May 5, 2008, the city council reviewed this proposal The city council also considered reports and recommendations of the city staff and planning commission. 3. On May 12, 2008, The City Council again considered these vacation requests. WHEREAS, after the city approves this vac~t~oii public interest in the property will go to the following abutting properties: 1. 2410 Carver Avenue Maplewood, Mi,ines~t~ PIN: 24-28-22-24-0010 2. 1481 Henry Lane Maplewood, Minnesota PLN: 24-23-22-31-0017 3. 1461 Henry Lane Maplewood, Minnesota Pl~l 24-28-22-31-0002 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described right-of-way and easement vacations for the foNovuing reasons: 1. It is in the public interest. 2. The city and the developer do not need or use the existing easements or right-of-ways for their original purposes_ 3. The existing easements end right-of-ways conflict with the proposed street and lot layout. 4. The develoh~r will be dedicating new easements and right-of-ways with the final plat. These vacations are subject to the prpperty owner or developer granting to the city new drainage and utility easements and rigfi~t-of-ways over parts of the property, subject to the apprcvak ofithe city engineer. Tho Maplewood Cty_Council adopted this resolution on May 12, 2008. Seconded by Councilmen her Nephew. Ayes - Councilmembers Rossbach, Nephew &Juenemann Nays -Mayor Longrie, Councilmember Hjelle The motion passed. Councilmember Juenemann said for the record, the reason she is willing to agree with the higher number of units (174) compared to the 165 units because the city got rid of the million dollars that was tied to them and the city has not lost the ability to continue to negotiate for the southern piece of the property which is a huge piece of this proposal to her. May 12, 2008 22 City Council Meeting Minutes Mayor Longrie said for the record, under City Ordinance 44-1091, the city is not obligated to approve a conditional use permit (CUP). Under City Ordinance 44-1097, the applicant has the burden of proving that the use would meet all the standards required for the approval of a conditional use permit (CUP). Mayor Longrie said she doesn't believe the developer has done that. Acting City Manager, Chuck Ahl said the correct date for the next motion should be May 9, 2008, not May 12, 2008. Councilmember Rossbach moved to approve the Carver Crossing Preliminary Plat fora 174-unit plan and the date of the oreliminarv plat shall be referenced as subn~itt~d on """~~2~~. Mav 9, 2008, with direction that all reference to 165-units and plans dated=it1arch 31.2008, shall be revised to 174-units and plans dated ~~ ~ ~, 25~, May 9, 2048; ~f7e applicant or developer shall complete the following before the city council approves t~~-f~n~l plat: a_ _ __ 1. Sign a development agreement with the city that guarantees that the applicant, developer or contractor will __ a. Complete all grading for overall site drainage, complete all puL~(rc-iraiprovements and meet all city requirements; b. Place temporary orange safety fenci~~g and sic~r~s ~t the grading limits: c. Provide all required and necessary easements fncluding ten-foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines_of each lot). d. Have Xcel Energy in5f~ll Group V rate streetli0hts in at least 12 locations. The exact style and location of the Hghts shall be su#~ject to the city engineer's approval e. Pay the city for the cost of traffic cor~trcl, strut identification and no parking signs. f. Cap,seat and abandon any.:vvells that may be on the site, subject to Minnesota rules and guidelines. g. Repl7ce any trees that die with+n one year of planting or final transplanting. The size and species of the replacen~nt trees shall be subject to city staff approval. h. Nt~t do any tree fernoval, grading or construction in the area south and west of the proposed round-abautuntii after f`~ovember 13, 2008. 4.. _ Builci a projoct that is cansist~nt with the development plans of the application and with finartci~l terms (if approved by the city council contemporaneously with the a{~plicationG; The effectiveness of this approval is conditioned upon the parties' execution of such a development agreement. j. Provide for the repair of Carver Avenue (street, curb and gutter, ditch and boulevard}.after the developer constructs the sidewalks and connects to the public utilities end builds the new streets, turn lanes and private driveways. k. Provide for: restoration of the former Henry Lane south of Carver Avenue after the construction of the new Henry Lane. 2. Have the city engineer, city environmental planner and city naturalist approval final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, trail, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo from Michael Thompson dated April 9, 2008, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: May 12, 2008 23 City Council Meeting Minutes (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on site where the developer can save large trees. (4) The street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction,plan~ The city engineer shall approve the plans, specifications and _r~~anagement practices for any slopes steeper than 3:1. On slopes st~e#~r #han 3:1, the developer shall _ __ prepare and implement a stabilization and punting plan. These slopes shall be protected with wood-fiber blanket, be-seceded with a no- maintenance vegetation and be stabilized before t#~~ city approves the final plat. (6) All retaining walls on the flans. Any retaining walls taller tha i four feet require a building permit from the city- The developer shall install a protective rail or fence on tc~p_cf ar~y retaining wall that is taller than four feet. (7) Sedimentatio,~ basins_or ponds ~s required by the watershed board or by the city engineer. (8) No grading beyond the flaf boundary tivithout temporary grading easements from the affected property owner(s). {9) A minimum of a 10-foot-wide, 10:1 bench below the normal water level (NWL) o~ any pond designed to be a wet pond. The depth of the pond below the NWL shall no# exceed four feet. 1.101 Emmergency ©verflat~i swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one-feet "` deep and protected with approved permanent soil-stabilization blankets. (11 ~ The cirain~ge areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run-off from the entire project site and shall not increase the run-off from the site. the .tree flan shall: (11 Be approved by the city engineer and city environmental planner before site grading or final plat approval. (2) Show where the developer will remove, transplant, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the transplanted, replacement and screening trees. The new deciduous trees shall be at least two and one- half (2'/2) inches in diameter and shall be a mix of red and white oaks, May 12, 2008 24 City Council Meeting Minutes ash, lindens, sugar maples or other native species. The new coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine, Black Hills spruce and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group additional new trees together including in the front yard of the property at 2431 Carver Avenue to help reduce headlight glare from Henry Lane. (7) Show the planting or transplanting of at least 552 trees. (8) Require the developer to replace any trees that die within one year of planting or final transplanting. The size and species of the replacement trees shall be subject to city staff approval d. The street, driveway and utility wlans shall show: (1) The streets and driveways: shill be a nine-ton design with a maximum street grade of eight percent end the ir~aximum street grade within 75 feet of all intersections at two percent. (2) Water service fic~ each lot and unit. (3) Repair of Ca€-~er Avenue(street and boulevard) after the developer connects to the~ublic utilitiesahd uuilds fhe new streets, turn lanes, traits, sidewalks and private driveways. ~~} The developer enclosing any ponds or basins that will have a normal water depth of two feet or more with afour-foot-high, black, vinyl-coated chain-fink fence. The contractor also shall install gates in the fences as may be regoired key the city. x(51 The private driveways with continuous concrete curb and gutter except "` where the city engineer decides that is not needed for drainage pUf p0~2S. (6) Tf~e coordination of the water main locations, alignments and sizing with f#e standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire-flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. ~(7) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (8) The plan and profiles of the proposed utilities. (9) Details of the ponds and the pond outlets. The contractor shall protect the outlets to prevent erosion. May 12, 2008 25 City Council Meeting Minutes (10) The repair and restoration of the temporary Heights Avenue cul-de-sac including the installation of new curb and gutter, the trail connection, street pavement and the restoration of the boulevard. (11) The pipelines in and near Henry Lane and Outlot B. (12) The restoration of the former Henry Lane south of Carver Avenue after the completion of the new Henry Lane. (13) All traffic mitigation measures as outlined by the EAW including the additional turn lanes on Carver Avenue. _ _. (14) The installation of the design elements and safety measures for Henry Lane including a 3-cable "Texas Fence` adjacent to the MnDOT chain _ __ link fence and the 32-inch high retaining waH near the east side of Henry Lane (as outlined in the letter clued /april 4, 20Q$,-from Copar Companies). e. The drainage plan shall ensure that there is no increase in the rate.. of storm-water run-off leaving the site above the current (predevelopment) levels. Tie developer's engineer shall (1) Verify pond, inlet and pipe ca~ac~e~. (2) Have the Gity e+~gineer verify the drainage design calculations. 3. Pay the costs related to the engineering-dep~rtment~s review of the construction plans. 4. Change the plat as follows: a. Show drainage ar~d utility easements along all property lines on the final plat. Those easements shall be ten feet wide along the front and rear property lines and five feet wide alone the side property lines. b. L~hel the common areas as outlots. e ~{ici cir~ih~ge and utility easements as required by the city engineer. d. Work-with city staff on the preparation of a street and driveway naming plan. City staff sf~all ~pprovethis naming plan. e. Label the names of all the streets on all project plans and distinguish which are public and: which are private. 5. Secure and provide all required easements for the development. These shall include any off-site drainage and utility easements. 6. Submit the homeowners' association bylaws and rules to the city for approval by city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, private utilities, landscaping and retaining walls. 7. Record the following with the final plat: a. All homeowners' association documents. May 12, 2008 26 City Council Meeting Minutes b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. Covenants or association documents that address the proper installation, maintenance and replacement of any retaining walls and of the common areas. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 8. The developer shall complete all grading for public improvenierrts and overall site drainage. The city engineer shall include in the developer s agreement any grading that the developer or contractor has not completed before fir»I plat approval. 9. Combining all the properties into one property far tax and ideri ifications purposes. 10. Obtain a permit from the Watershed District fpr grading. _ 11. Obtain a NPDES construction permit f~an~ the Minnesota Pollution Contrr~l-Agency (MPCA). 12. If the developer decides to final plat part of the_prefrmrnary plat, city staff may waive any conditions that do not apply to the final plat. Seconded by Councilmember Juenerriann. Ryes.- Councilmembers Rossbach, :..!Nephew & Juenemann Nays -Mayor Longrie, Councilmember Hjelle The motion pissed. Mr. Baker saki f~1r. Ahl has passed out the clarified Resolution. This new Resolution differs from the €~~soir,t~on n the stafFreport in two respects. First with regard to the language about the 16 unit option it adds he words. aNproximately, solely because of the change in the number of 9 ~~its we are not sure those numbers are exactly the same as when we were looking at a slightly smeller project. Sec~nt~_the tale of the Resolution is Approving Settlement Concepts and Dire sting Preparation of a Develo~rnent Agreement Consistent With Those Concepts. It was pointed out that the action at the end of the Resolution didn't specifically say we are approving settlement concepts so we have spelled this out in this. So his suggestion is that where the stiff report refers to adopting the attached resolution you refer to this revised resolution that has been prewicied for the record. Councilmember Nephew said earlier in the meeting the council discussed the line in parentheses under paragraph 5 that says (except for grading trail areas and building up to two model homes in that area). Councilmember Nephew asked if we can strike that one line so that there would be no building until the calendar year 2009? Mr. Roston said correct, that is something we have agreed with tonight. May 12, 2008 27 City Council Meeting Minutes Councilmember Rossbach moved to approve the Revised Resolution for Settlement of Litigation through Approval of Development Contract with the following amendments made by Attorney John Baker and Attorney Mr. Howard Roston in paragraph 5, in parentheses (strikin_p buildin_p up to two model homes in that area). RESOLUTION 08-05-070 APPROVING SETTLEMENT CONCEPTS AND DIRECTING PREPARATION OF A DEVELOPMENT AGREEMENT CONSISTENT WITH THOSE CONCEPTS RECITALS A. Whereas, this Resolution is being acted upon by the Councik only after consideration and approval by the Council of the following (hereinafter described as "the Approvals"): 1. A conditional use permit ("CUP") fora 174.-unit planned. unit development ("PUD") known as Carver Crossing; 2. A resolution vacating the unused easements on Carver Cr©ssing~ and 3. A Preliminary Plat for Carver Grossing. B. Whereas, as part of settlement negotiations between representatives of CoPar Development, LLC ("the Developer") and the-City; t#~e City's representatives persuaded the Developer's representatives to revise their E?~©posed development and to otherwise agree, as a condition to approval of the applicatioi-is referenced above, to the following: 1. reducing the proposed ai~iount ofoverall density fro~r~ 191 units to 174 units, 2. providing a mans by which the overall density would be further reduced to 158 units l7y granting. the City an apfir~n to purchase, at a cost of $150,000 per lot, up to a total of $2,400,Qp0, the ap~raximately 8.3 acre southwesterly slope area and approximately 25:5. acres of in~ecdrated open space (as depicted on a map already provided to the City), including 16 specified building lots, plus outlots with the areas s~7ecifGed, 3 ~ prowiding that if the City purchases at least one lot under this option provision, all green space identified in the March 31, 2008, plans shall be dedicated to the City, at the city~s option, at a cost of $1.00, 4. o+ +ho ni+, r~cnr~+inn o+ o nn c+ of Q9 (1(1 providing the City with the opportunity to purchase, subject to CoPar's right of refusal, additional platted lots (adjacent to one or more lots designated in the 16-lot option), at their appraised value. 5. providing the City with an opportunity to finance its exercise of one or both of these options, whether through referendum vote, grants from other entities, or a combination thereof, by leaving the period to exercise the options and enter into a purchase agreement open through calendar year 2008 (and the period in which to close on the purchase open until June 30, 2009), refraining from commencing development of that portion of Carver Crossing that is south of Fish Creek and south of the roundabout during calendar year 2008 and further refraining from developing that area between January and June 2009 if the City timely exercises its option in 2008. May 12, 2008 28 City Council Meeting Minutes 6. providing a 300-foot protected corridor for Fish Creek through the use of conservation easements, 7. designing building pads so as to allow fora 20-foot deck without impacting conservation easements, 8. providing the City with the opportunity to declare or identify trail corridors through the open space areas and conservation easement areas that will be disclosed to all potential lot purchasers to avoid confusion regarding future intentions to improve the open space area, _ _. 9. providing a road right of way for a majority of the r©acis that is 50 feet width, streets 24 feet in width and with aten-foot wide trail Qr s~+ta~le sidewalk along a majority _ __ of the streets, and 10. adding a guard rail or equivalent prot~ct~fl~~ east of Henry Mane for protection from vehicles potentially leaving the 49~} Corridor. C. Whereas, in order for the Developer to agree to dismiss its suit, and to these .modifications to the proposed development, it would be necessary for he City to agree tc~ the following: 1. Prepare all public improvements as ~ Crty project but with no financial contribution by the City to the infrastructure costs; 2. Assess the improvements ~t the. exact cost ~f the-bond sale over a 15-year term; 3. Allow the Developer to have joint approval wer the final design; 4. Assess the Carver Crossing.=.development property on an annual basis for any and a [improvements to be constructed by agreement with CoPar in that calendar year. and 5. Except for l~haded final approvals as so required by approvals by the City in May 2000. refrain from imposing and enforcing further review or development time ~flnstr pints, limitations, or encumbrances on the Developer or the project. 6. Consider providing improvements for future utility extensions as part of the project, at Maplewood~s e~taense. D. UVhereas, the City end the Developer agree that the Developer will pay a $574,200 fee in -lieu. of park dedication; payment of this fee may be considered as part of the City's option to purchase properties in the southern portion of the development, but the amount shall beccrn~e due rio Inter than June 30, 2009. The Developer shall have the option prior to June ;0; 2Q0g; to assign this park dedication charge to the individual lots as a building permit fee at the current park dedication charge in effect at the time of the building permit issuance. E. Whereas, if the City grants the Approvals and adopts this Resolution, the Developer and the City intend to enter into a development agreement that is consistent with the development plans of the application and with the terms of this Resolution. F. Whereas, the effectiveness of the approval of the applications and of the obligations under this Resolution are conditioned upon the parties' execution of such development agreement. May 12, 2008 29 City Council Meeting Minutes G. Whereas, such development agreement shall be presented to the City Council at its first regular meeting in June 2008 following adoption of this Resolution. H. Whereas, such development agreement shall include findings consistent with the actions taken by the City regarding the Approvals. I. Whereas, litigation is currently pending in Ramsey County District Court arising from the City's September 28, 2006, denial of applications fora 191-unit version of a development at the same general location, with a summary judgment hearing currently scheduled for June 2, 2008; and _ _. J. Whereas, the parties understand that upon the City's iss~ar~ce of the Approvals and authorization of the execution of a development agree~t-iet~tt tf~at is consistent with the _ __ terms of this Resolution, the Developer will dismiss with prejudice the pending suit, and the City and the Developer will agree to mutual-releases of the--per ies and their agents. COUNCIL AGTI_C~1U ACCORDINGLY, IN RELIANCE UPON THE ASSERTIONS OF-THE DEVELOPER RS SPECIFIED ABOVE, THE CITY COUNCIL OF THE CITY QF NfAPLEWOOD HEREgY RESOLVES AS FOLLOWS: 1. The Council hereby approves settlement concepts f~erein; and 2. directs staff and attorneys for the Gity to prepare 7i~d present to the Council at its first regularly scheduled council meeting in June 200 ~ development agreement that is consistent with the Recitals of this ResoluCion as set fortf~afJOVe. Seconded by Councilmer~ber Nephew. Ryes - Councilmembers Rossbach, Nephew & Juenemann Nays -Mayor Longrie, Councilmember Hjelle The n~otaon-p~sseci. lit 9:50 p.m. the :council requested a RECESS. At 10:00 p.m. the council reconvened. 4. Century Avenue .improvements, City Project 03-15 a. .Resolution Approving Plans and Advertising for Bids. b. Resol~rtion Ordering Preparation of Assessment Roll. c. Maplewood Civil Engineer II, Michael Thompson gave the presentation and answered questions of the council. d. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. 1. Jerry Auge, Jr., Project Manager, Ramsey County Public Works gave a presentation. Mr. Auge addressed and answered questions of the council regarding the Century Avenue and Valley Creek Road Improvements. May 12, 2008 30 City Council Meeting Minutes Councilmember Nephew moved to approve the Resolutions for the Century Avenue Improvements, City Proiect 03-15: Approving Plans and Specs and Advertisement for Bids, and Ordering the Preparation of the Assessment Roll. RESOLUTION 08-05-071 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on June 25t", 2007, plans and specifications for Century Avenue Improvements, City Project 03-15, have been prepared by Ramsey County, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY GDUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed ~n file in the office of the city engineer. 2. Ramsey County representatives hail prepare and cause to be puk~lished an advertisement for bids upon the making of s~~~h improvement ua~der such approved ~~lans and specifications. The advertisement shall be puf~tished as required in advance of the date set for bid opening, shall specify the work to be done, shall tate hat bids will be publicly opened and considered by Ramsey County. 3. Ramsey County representatives are hereby: authorized to receive, open, and read aloud bids received, and to tabulate tf~e bids received. The cc~uiicil will consider the bids, and the award of a contract, likely at the second regular n~eeti,~g in July, 2008, depending on Ramsey County attaining all necessary approvals. -:: RESOLUTION 08-05-072 ~aRDERING PREPARATION OF ASSESSMENT ROLL WHEREAS; t#~e city clerk and city engineer will receive bids for the Century Avenue ~provements, City Project 03-15. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the r_ity clerk and city engineer shall forthwith calculate the proper amount to be specially assessed f~, such improvement against every assessable lot, piece or parcel of land abutting on #t~ streets :affected, without regard to cash valuation, as provided by law, and they shall file acopy-of--=such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Rossbach. Ayes -All The motion passed. May 12, 2008 31 City Council Meeting Minutes 5. Authorization to Renew Insurance Agent Services with Arthur J. Gallagher Company. a. Acting City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. Councilmember Juenemann moved to recommend to retain Arthur J. Gallaaher and COmoanV as our insurance agent at a cost of $12,500.00. Seconded by Councilmember Rossbach. Ayes -All The motion passed. _ __ 6. Gethsemane Senior Housing District -Consideration of a Re~altition Directing Preparation of a Tax Increment Financing ~TIF) Plan and Tax Incr~uient District and setting a Public Hearing for July 14, 2008, for Gethsemane Senior Housing Proposal a. Acting City Manager, Public Works Director. ~huclt Ahl gave the re~i€st~t and answered questions of the council b. Paul Steinman, Vice President/Consultant, Springsted Inc., 380 Jackson Street, Suite 300, St. Paul gave a presentation antl addressed and answered questions of the council c. Bob Van Slyke, Preshyte~i~n Hort~~s. 245 Harr tine Avenue North, Roseville, addressed and answered=questi~nsr~fi-the c~unci. d. Richard Vhhite, Senior Pastor. Gothsemane Church, 2410 Stillwater Road, Mapl~wacid, addressed and. answered questions of the council. Councilmember Rt~ssbach moved to approve the Resolution Directing Preparation Of A Tax Increment Financing Plan For A Tax Incremei~ .District And Calling A Public Hearing July 14, 2008, For Geths~m~ne Senior Housing Proposal..... _ RESOLUTION 08-05-073 DIRECTING PREPARATION OF A TAX INCREMENT FINANCING PLAN FOR A TAX INCREMENT DISTRICT AND CALLING A PUBLIC HEARING FOR GETHSEMANE SENIOR HOUSING WHEREAS, the City Council received a Tax Increment Request from Gethsemane Senior Housinr~, Inc. on January 7. 2008, and WHEREAS. the City Council has reviewed information on said request from financial consultant Sp~~nc~sted;-Inc. and WHERE/aS, the City Council has found in a preliminary way that the request can be considered as appropriate and warrants further analysis and investigation, and WHEREAS, the City Council has reviewed all relevant financial information related to Tax Increment Financing and desires to proceed with consideration of tax increment financing as a method of support for the development of Gethsemane Senior Housing, and WHEREAS, the goals for further rent income restrictions of at least 20% of the proposed development meet a local need. May 12, 2008 32 City Council Meeting Minutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the Acting City Manager and Finance Director are hereby directed to work with the City's financial consultant and bond attorney in the preparation of a Tax Increment Financing Plan for the establishment of a Tax Increment District consistent with plans and proforma reviewed by Springsted, Inc. as part of the Tax Increment Financing request from Gethsemane Senior Housing, Inc., dated January 7, 2008. Said staff and consultants shall insure that all proper and legal documents and notices are prepared consistent with statute and process. 2. That a Public Hearing shall be called and set for July 14,a2t~08: at 7:15 p.m. for the consideration of said Tax Increment Financing Plan. Adopted this 12th Day of May, 2008. Seconded by Councilmember Juenemann. Ayes -Mayor Ltarigx-ie, Councilm~~~ib~rs Juenemann, Nephew & F~c~ss~~ch -Councilmember Hjelle The motion passed. Councilmember Nephew moved to continue the council n~eeti~iq through item L2. and complete the remainder of the council meeting ut~tit Thursda+~,r~ifa~r ~5~2008, at 5:00 p.m. Seconded by Cowlcifinemher Rflssbach. /dyes -Councilmembers Nephew, & Rossbach Nays -Mayor Longrie, --- Councilmembers Hjelle, &Juenemann ...The motion failed. ;~yor Longrie adjo~rrned the ~1leetitlg at 12:30 p. m. and will reconvene Thursday, May 15, 2008, ~t S: tip p. m. The remainder of the agenda items will be continued on Thursday, May 15, 2008, at 5:00 p. m. 7. Consider Approval of 2007-2008 Contract between City of Maplewood and Maplewood Confidential and Supervisory Association. L. NEW BUSINESS 2008 Election Cycle -Resolution Defining Precinct Boundaries 2. Resolution Providing for the Competitive Negotiated Sale of $9,900,000 General Obligation Improvement Bonds, Series 2008A. May 12, 2008 33 City Council Meeting Minutes 3. Resolution Ordering an RFP for a Recruiting Firm for the Maplewood City Manager Search. -Mayor Longrie (NO REPORT) 4. Discussion and Resolution calling for an Audit by the State Auditor's Office for the Past Seven Years. -Mayor Longrie (NO REPORT) 5. Authorization to Purchase Project Accounting Software M. CONSENT AGENDA 1. Approval of Claims 2. Pond Avenue and Dorland Road Improvements, City Project 07-20, Progress Report (No Action Needed). 3. Beam Avenue Improvements, City Project 07-26 a. Resolution Accepting Assessment Roll end ©rdering Assessment Hearing. 4. Upper Afton Road Improvements, City Project 07-27 5. Request to Set Public Hearing Date of Jt.rne 9, 2008, tc~ Discuss Annual Report of the National Pollutant Discharge Elimination System Phase II Permit. N. AWARD OF BIDS 1. Award of Contract for Lift Station 17 Upgrades. O. VISITOR PRESENTATION -PART II H. COUNCIL PRESENTATIONS_ 1. Request far Ideas and U~signs for Bt~i[ciing a Personal Fire Pit -Councilmember Hjelle 2. The "Nicest Fire Pit in Ma~~lewood Cc~~~test -Councilmember Hjelle 3. Update regarding on-i,ne_C~uncil Packets -Mayor Longrie 4. Follow ul~ Regarding Contacts at :aka. -Mayor Longrie 5. Follow-up of Recycl+ng of Printer ~artritlges -Mayor Longrie 6. Atten~in~ t_he Ball af_the Wild -Mayor Longrie 7, Beaver l.aE~e Follow ~p -Mayor Longrie P. ADJOURNMENT May 12, 2008 34 City Council Meeting Minutes Agenda Item E6 MINUTES MAPLEWOOD CITY COUNCIL 5:00 p.m., Thursday. May 15, 2008 A Continuation of May 12, 2008 Meeting Council Chambers, City Hall Meeting No. 15-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council G~ar~k~ers and was called to order at 5:03 p.m. by Mayor Longrie. -- B. PLEDGE OF ALLEGIANCE __ C. ROLL CALL _; Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present K. UNFINISHED BUSINESS 7. Consider Approval of 2007-2008 Contract E7etween City. of Maplewood and Maplewood Con#idential and Supervisory Association. a. Labor Relatir~~ts Attorney, C#~uck Bethel gave a presentation. Mr. Bethel addressed and answered questions of tf~ee©uncil. Mayor Longrie i~eciuested th~~t tt~e r7ames and tiffs of the Association Members can be typed on page 23 of the st~~ retort t<> h~Ip r~er~tify the n~erxahers signing the agreement. Counciiirrember Rossb~ci7 moved to approve fhe contract with the Maplewood Confidential and Supervisory Association and the City of Maplewood for the years of 2007 and 2008. :::Seconded by Couiicilr~ember Juenemann. Ayes - Councilmembers Juenemann, . Nephew &Rossbach Nays -Mayor Longrie, Councilmember Hjelle The motion passed. L. NEW BUSINESS 2008 Election Cycle -Resolution Defining Precinct Boundaries a. City Clerk, Director Citizen Services, Karen Guilfoile gave the presentation. May 15, 2008 City Council Meeting Minutes A Continuation of May 12, 2008 Meeting Councilmember Nephew moved to approve the Resolution Defining Precinct Boundary changes and new precinct locations at the Maplewood Community Center (New Precinct 9) and Lutheran Church of Peace (New Precinct 15). (Further movin_p the addition of Precinct 11 currently on the books with the Secretary of the State with the change of the western border now being McKni_pht Road. RESOLUTION 08-05-074 DEFINING PRECINCT BOUNDARY CHANGES WHEREAS, the City of Maplewood is changing borders to the following precincts to decrease or increase the size of the precincts to more evenl~r distrilaute our voters located in the precincts throughout the city. , WHEREAS, redefining these boundaries causes changes in the present City of Maplewood established precincts. NOW, THEREFORE, BE IT RESOLVEQ-that the City Go~rncil of Maplewood, Minnesota, does hereby define the affected precinct boundaries as fe~Ha~~: P1 Maplewood Fire Station County Road B to the North:R~ce Street to the Wesf; LarpenteurAvenue to the South; f~1cl~~enemy Street to-the East P2 St. Jerome's Sch©al McMenemy_on the 11Vest; Highway 36 pn the North to Desoto Street; Southerly to-Roselawn: Easterly on Roselawn to 61; Southcr3y on 61 to Larl~er~teur; West~rfy to McMenemy P10 Ramsey County Nursing .Nome.. ____ Holloway to the North: North St: Paul Road to the West Larp~i~t~ur to the .South; McKnight to the East R'f4 Carver Schoai Hudson Road to the North;.fllcKnight to the West Century to the l=ast; Londin Lane to the South .Lower Afton Road to the North East P15 Lutheran_Church of Peace Higf~waod Avenue on the North, and the East, Western and Socafh~rn borders of the City Southof Highwood P16 Maplewood Fire Station Londin Lane Londin Lane to the North to the Northern Border of Lower Afton Road McKnight to the West, Century Avenue to the East Highwood Avenue to the South May 15, 2008 2 City Council Meeting Minutes A Continuation of May 12, 2008 Meeting Seconded by Councilmember Juenemann. Ayes -Mayor Longrie, Councilmembers Juenemann, Nephew &Rossbach Nay -Councilmember Hjelle The motion passed. 2. Resolution Providing for the Competitive Negotiated Sale-of $9,900,000 General Obligation Improvement Bonds, Series 2008A. , a. Finance Director, Bob Mittet gave the presentation, Councilmember Nephew moved to approve the Resolution.,t~ro~ic#inq preliminary approval for the sale of $9,970,000 General Obligation Improvement Bonds. Series ZOOHR Changing the Date from Mav 12, 2008 to Mav 15, 2008. EXTRACT OF MINUTES OF A I~4EETING OF THE CITY COUNCIL OF THE CITY OF MAPLI*WOOD, MINNESOTA HELD: May 15; X008 Pursuant to due call and notice thereof, a reg~rlar of special meeting of the City Council of the City of Maplewood, Ramsey CoOnty, Minnesota. way duly held at the City Hall on May 15, 2008, at 5 o'clock P.M. for the purpose in ~~rt of authorizing the competitive negotiated sale of the $9,970,000 General Obligation Bonds. Series IOWA. The following members wire }resent: Mayor Diana Longrie Councilmember Eric Hjelle _ Councilmember Kathleen Juenemann Councilmember John Nephew - Councilmember Will Rossbach and the fcl(>7wir~g were absent: None Member Nephew intrc~cJuc~d the=following resolution and moved its adoption: - RESOLUTION 08-05-076 PROVIDING. FOR THE COMPETITIVE NEGOTIATED SALE OF $9,970,OQU GENERAL OBLIGATION BONDS, SERIES 2008A A. WHiwREJ~S, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $9,970,000 General Obligation Bonds, Series 2003A (the "Bonds"), to finance various improvement projects within the City, including state-aid street improvement projects; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and May 15, 2008 3 City Council Meeting Minutes A Continuation of May 12, 2008 Meeting NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal 3. Terms of Proposal. The terms and conditions of the Bonds a«d the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A=and hereby approved and made -- a part hereof. 4. Official Statement. In connection with the sale, the City Clerk, Mayor arid. other officers or employees of the City are hereby authorized to cooperate with Springsted.-anti participate in the preparation of an official statement for the Bonds, and to execute and deliver_it can behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duEy seconded by member Rossbach and, after full discussion thereof and upon a vole being taken thereon, the following voted in favor thereof: Ayes -, Councilmembers Hjelle, ,~uenemann, Nephew &Rossbach and the following voted against the same~_ N~ f~1~yc~r Longrie Whereupon said resolution was declared duly passed and seconded and adopted. STATE CQF N1INNESOT~t- COUNTY OF RAf~tSEY CITY C7F MAPLEWOOQ l: the undersigned; being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, D(O HEREEY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's $9,970,000 General Obligation Bonds, Series 2008A. May 15, 2008 4 City Council Meeting Minutes A Continuation of May 12, 2008 Meeting WITNESS my hand on May 15, 2008. City Clerk Seconded by Councilmember Rossbach. Ayes -~ Corrncilmembers Hjelle, Juenemann, Nephew, Rossbach Nay - Mayor Longrie The motion passed. Councilmember Nephew moved to approve the resolution pro~riding preliminary approval for the sale of $1,070,000 General Obligation Improvemen# Refur~dir~~ Bonds, Series 20086. Changing the date from Mav 12, 2008 to Mav 15, 2008. EXTRACT OF MINUTES OF A MEETING ^F~THE CITY COUNCIL OF THE CITY CAF f~1RPL.EWOOD. f~11NN~S.OTA HELD:. f~1~y 15, 20Q8 Pursuant tadue call andnotice thereof, a regular or special meeting of the City Council of the City of I~~lapkewood, Ramsey County, Minnesota, was duly held at the City Hall on May 15, 2008, at 5 o'clock. P.M. for the ~trrpase in part of .authorizing the competitive negotiated sale of the $1,070,000 Ger~er~l Obligation Improvement Refunding Bonds, Series 20086. The fo lowing ~~~embers were present: Mayor Diana Longrie Councilmember Eric Hjelle Councilmember Kathleen Juenemann Councilmember John Nephew Councilmember Will Rossbach and the fiollowing were .absent: None Member Nephew introduced the following resolution and moved its adoption: RESOLUTION 08-05-075 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,070,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 20086 A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $1,070,000 General Obligation Improvement Refunding Bonds, Series 20086 (the "Bonds"), to provide funds for a current refunding of the City's (i) General Obligation Improvement Bonds, Series 1998A, dated September 1, 1998 and (ii) General Obligation Improvement Bonds, Series 1999A, dated October May 15, 2008 5 City Council Meeting Minutes A Continuation of May 12, 2008 Meeting 1, 1999; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to soiirit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the tir<~e and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms ofProposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached fieret~ as Exhil?i> A end hereby approved and made a part hereof. 4. Official Statement. In connectio~~ with the sale, the City clerk, Mayor and other officers or employees of the City are hereby ~~~tho~izecf to cooper ate=with Springsted and participate in the preparation of an official statement far the Bands, ~nci to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of_the foregoing resolution w~is du[y seconded by member Rossbach and, after full discussion thereof end upon a vote being taken thereon, the following voted in favor thereof: Ayes - Councilmembers Juenemann, Nephew &Rossbach and trie following voted a ainst the same: Nays -Mayor Longrie Councilmember Hjelle 1Nhereupon said resolution was doelared duly passed and seconded and adopted. STATE OF {~1INNESOTA COUNTY cOF RAMSEY CITY OF MAPLEW(QOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein May 15, 2008 6 City Council Meeting Minutes A Continuation of May 12, 2008 Meeting indicated, insofar as such minutes relate to the City's $1,070,000 General Obligation Improvement Refunding Bonds, Series 2008B. WITNESS my hand on May 15, 2008. City Clerk Seconded by Councilmember Rossbach. _Ayes - Cc~u~~cilmembers Juenemann, Nei-~h~~v &Rossbach __ Nays -Mayor Lat~c~rie, Councilmember Hjelle The motion passed. 3. Resolution Ordering an RFP for a Recruiting Firm for the Maplewood City Manager Search. -Mayor Longrie (NO REPORT) a. Mayor Longrie gave anexpl~nataon_for her ~gend~ request. Councilmember Nephew moved to direct stiff to t~rnc~ infcarr»~tion knack at the next council meeting regarding the RFi' that was sent opt to solicit those bids in 2006 along with the time before that.. Councilmembers would like rt~p+es of those materials and have this placed on the agenda for the next council me~~ing for the council to discuss further. Seconded by Mayor Longr~o. Ayes -All Counui i~~ert~ber Rossbach made a friendly amendment for staff to get information on the last two RFP processes for the Maplewood City Manager Search. F+~iendly Amendme+~f was accepted by Councilmember Nephew and Mayor Longrie. Tho motion passed. Councilmember Nephew requested afive-minute recess at 7:00 p.m. The council- reconvened. 4. Discussion and Resolution calling for an Audit by the State Auditor's Office for the Past Seven Years. -Mayor Longrie (NO REPORT) a. Mayor Longrie gave a short report and an explanation for her agenda request. b. City Clerk, Citizen Services Director, Acting Acting City Manager, Karen Guilfoile gave a report from Acting City Manager, Chuck Ahl in his absence. c. Councilmember Nephew gave a memorandum to the council and the city clerk for the record. May 15, 2008 7 City Council Meeting Minutes A Continuation of May 12, 2008 Meeting Mayor Longrie asked if anyone wanted to speak regarding this. David Schelling, 1955 Greenbrier Street, Maplewood. Mr. Schelling gave his opinion regarding the importance of calling for an audit in the City of Maplewood for the past seven years. Councilmember Rossbach moved to direct Maplewood City Attorney, Alan Kantrud to contact the League of Minnesota Cities. Seconded by Councilmember Nephew. Ayes - All- The motion passed. *Councilmember Juenemann had to excuse herself from the council meeting right before the motion was made. ° 5. Authorization to Purchase Project Accounting Software a. Finance Director, Bob Mittet gaffe the report. b. IT Director, Mychal Fowlds reported on the Tyler Output Processor system (TOP) Councilmember Rossbach moved to approve the Auttiarizatii~ii to Purchase the Proiect Accounting and (TOP) Systems in the amount of $50.40{3 ~rlong with the addition of $7,400 per year for annual maintenance. If the funds to pay for this: accounting software can't come from the Sanitary Sewer Fund as indicated in the staff ~repart, this item should come back before the council Seconded by Councilmember Nephew. Ayes -All Mayor Longrie was concerned about the facf that if the funds to purchase the accounting software can't come fror~rl the Sanitary Seiner Fund stye ciuestioned where the funds would come from. Councilmember Rassbar_h made a frienc(ly anr~ridrnent that if the funds to pay for this software can't come from the 5an~tary Sewer Fund as ~r~clicated in the staff report, this item should come back ~~f~re fire councrf. Co~incilmember Nephew accepted the friendly amendment. The motion passed. M. CONSENT AGENDA 1. Councilmember Nephew moved to approve items 1, 2, & 5. Seconded by CQUnciimember Rossbach. Ayes -All The motion passed. 2. Councilmember Nephew moved to approve item 3. Seconded by Councilmember Rossbach. Ayes - Councilmembers Hjelle, Nephew &Rossbach Nay -Mayor Longrie May 15, 2008 $ City Council Meeting Minutes A Continuation of May 12, 2008 Meeting The motion passed. 3. Councilmember Nephew moved to approve item 4. Seconded by Councilmember Rossbach. The motion passed. 1. Approval of Claims Ayes - Councilmembers Hjelle, Nephew &Rossbach -Mayor Longrie Councilmember Nephew moved Approval of Claims. --'--- ACCOUNTS PAYABLE: $ 318,164.31 Checks # 7535-~ thru # 75400 $ 325,325.27 Disbursements via defjits to c#iecking account Dated 04/17/08 thru 0~f24f~S $ 141,233.01 CheclES ~ 75401 thru ~ 75454- $ 136,988.33 Disbursements vii d~l~i~s to chec~<irt~ account dated 04/24,'OQ thru J5'011~8 $ 92.1;710.92 Total Accou,~ts Payable PAYROLL $ - -165.58.59 Payroll Checl~s and Direct Deposits dated 05/02/08 $ 4,~0~.65 Payroll Deduction check #1005174 thru #1005176 cited 05/02/08 $ 469,592.4 Total Payroll ~ T T 1.391,30 GRAND TOTAL Seconded b y Councilmember Rossbach. Ayes -All The motion passed. May 15, 2008 g City Council Meeting Minutes A Continuation of May 12, 2008 Meeting 2. Pond Avenue and Dorland Road Improvements, City Project 07-20, Progress Report (No Action Needed). Councilmember Nephew moved to approve the Delay for the Pond Avenue and Dorland Road Improvements, City Project 07-20 until 2012. Seconded by Councilmember Rossbach. Ayes -Councilmembers Hjelle, Nephew &Rossbach Nay - Maypr Longrie 3. Beam Avenue Improvements, City Project 07-26 a. Resolution Accepting Assessment Roll and Ordering Assessment Hearing. __ Councilmember Nephew moved to approve the Resolution for the Beam ~ku~uue Improvements, City Project 07-26, Accepting the Assessment Roll=and Ordering the Assessn~~nt Hearing. RESOLUTIQN 08-05-079 ACCEPTING ROLL AND ORDERING=ASSESSMENT HEARING WHEREAS, the clerk and the_city engineer hive, of the direction of the council, prepared an assessment roll for the Beam Avenue::lmprovements. City Project 07-26, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESCL\/ED 6Y THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shill be held on the 9th day of June 2008, at the 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 cipportunity to be heard with reference to such assessment. 2. :::-::The city clerk is hereby dnected to cause a notice of the hearing on the proposed assessiiie,it to be published in the official newspaper, at least two weeks prior to the hearing, and o mail notices to the owners of III property affected by said assessment. The notice of hearing sha[i state the date, time and place of hearing, the general nature of the m{~rovement 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 Councilmember Rossbach. Ayes -Councilmembers Hjelle, Nephew &Rossbach Nay -Mayor Longrie The motion passed. May 15, 2008 10 City Council Meeting Minutes A Continuation of May 12, 2008 Meeting 4. Upper Afton Road Improvements, City Project 07-27 a. Resolution Accepting Assessment Roll and Ordering Assessment Hearing. Councilmember Nephew moved to approve the Resolution for the Upper Afton Road Improvements, City Proiect 07-27. RESOLUTION 08-05-077 ACCEPTING ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the clerk and the city engineer have, at the direr_tion of the council, prepared an assessment roll for the Upper Afton Road Improvements, City Project 07-27, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 9th day crf June 2008, at the city hall at 7:15 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 aid a~~ortunity 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 F~roperty affected by said .assessment. The notice of hearing shall state the date, tir~~e anti plaee~af hearing, the general nature of the improvement the area to be assessed, that the pr©posed assessment roll is on file with the clerk and city engineer and_that written ar oral oh~ections will be considered. Seconded by .Councilmember Rossbach. Ayes - Councilmembers Hjelle, Nephew &Rossbach Nay -Mayor Longrie The mr~tion gassed. 5. Request to Set Public Hearing.Date of June 9, 2008, to Discuss Annual Report of the Natignal Pollutant Discharge Elimination System Phase II Permit. Councilmember Nephew moved to approve the Public Hearing Date of June 9, 2008, to review the 2007 NPDES ani~uai report and receive comments from the public. Staff will be preparing a report for submittal td council prior to the June 9, 2008, City Council Meeting. Seconded by Councilmember Rossbach. Ayes -All The motion passed. N. AWARD OF BIDS 1. Award of Contract for Lift Station 17 Upgrades. a. Civil Engineer II, Michael Thompson gave the presentation. May 15, 2008 11 City Council Meeting Minutes A Continuation of May 12, 2008 Meeting Councilmember Nephew moved to approve the Resolution for the Award of Bid to Lametti & Sons, Inc. in the amount of $130,332.45, for Lift Station No. 17 Upgrades, City Proiect 08-03. RESOLUTION 08-05-078 AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Lametti & Sons, Inc. in the amount of $130,332.45 is the lowest responsible bid for the upgrades to Lift Station No. 17, City Project 08-03, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for arrd on behalf of the city. The finance director is hereby authorized to make the financi~J transfers necessary to implement the financing plan for the project. Adopted by the council on this 15t" day of May, 2008. ° Seconded by Councilmember Rossbach. Ayes -All The motion passed. ° O. VISITOR PRESENTATION -PART II 1. Bill Schriener, 1098 Beaver Creek Parkway, M~ple~niood. Mr. Schriener said on May 28, 2002, the city council approved.=.t#~~ CUP-for the Bever Greek Development. He said there are several items that are marked with nn aSt~rici: on i~age~~ of the May 28, 2002, council meeting minutes which state these items mu~f €~e Mane before permits can be issued and then he discussed ~~:veral violationsflf the GUP. Mr: Schriener requested an immediate work stoppage until these concerns ark addressed. Councilmember. Nephew asked the City Attorney, Alan Kantrud to respond to this Mr. Kantrud said he thought thee. planning staff was checking into this but he would talk to the planning staff Friday; May 16; 2008; r•eg~rd[ng these concerns. _ ..__ Ms. C~iilfoile ~riti Mr. Kantrud said they would look at the CUP immediately following the meeting anti "act accordingly.. -Mayor Longrie asked that a staff.member drive out to the site Friday morning. Mr. Kantrud said either }~e would drive out to the site or a staff member would. H. COUNCIL PRESENTATIONS 1. Reques€ forldeas and Designs for Building a Personal Fire Pit -Councilmember Hjelle (Miscellaneous discussion amongst the council) 2. The "Nicest" Fire Pit in Maplewood Contest -Councilmember Hjelle (Miscellaneous discussion amongst the council) 3. Update regarding on-line Council Packets -Mayor Longrie a. IT Director, Mychal Fowlds gave the background regarding on-line Council Packets and what is changing in the near future. May 15, 2008 12 City Council Meeting Minutes A Continuation of May 12, 2008 Meeting 4. Follow-up Regarding Contacts at 3M. -Mayor Longrie a. Acting Acting City Manager, Karen Guilfoile read the report from Acting City Manager, Chuck Ahl in his absence. 5. Follow-up of Recycling of Printer Cartridges -Mayor Longrie a. IT Director, Mychal Fowlds gave an update on Recycling Printer and Toner Cartridges. b. Mayor Longrie reported on Cartridge World in Maplew©od and their request to partner with the City of Maplewood for residents to drop=,cartridges off. 6. Attending the Ball of the Wild on April 24, 2008 -Mayor Longrie gave an update on -- this event that she attended and congratulated MapiewQOd resident, Emil Sturzenegger. 7. Beaver Lake Follow up -Mayor Longrie After discussing a controversial statement i~~ad~ on Councilmemf~er Nephews website regarding an accusatory statement that Mayor Longrie supposedly rri~d~ Mayor Longrie went back to watch and listen to previous i~ieetings and, could find no such ~:ecord of making that statement. Mayor Longrie ros~ectively as{.~d_Councilmember ftile~hew to remove that statement from his website and=stated she would continue to ask him to do so at the next council meeting. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 9:Od p.m. ___ May 15, 2008 13 City Council Meeting Minutes A Continuation of May 12, 2008 Meeting Agenda Item G1 MEMORANDUM TO: Acting City Manager FROM: Ken Roberts, Planner SUBJECT: Tree Plan Review PROJECT: Beaver Lake Town Houses LOCATION: Maryland Avenue and Lakewood Drive DATE: May 30, 2008 INTRODUCTION On May 12, 2008, the city council asked city staff to provide the council with copies of the tree plans for the planned unit development (PUD) for the Beaver Lake Town Houses. The council requested copies of these plans after a neighbor made comments about the tree plans during a recent city council meeting. This project is a residential development on the south side of Maryland Avenue, east of Lakewood Drive. (See the maps on pages five through seven.) BAC KG RO U N D On October 8, 2007, the contractor for the first of the eight-unit apartment-style buildings applied to the city for a building permit. This permit is for one of the buildings that will be east of Lakewood Drive and west of Beaver Creek Parkway. (The city has not yet issued this building permit, as city staff has been working with the project architect, the developer and the contractor to ensure that all project plans are complete and that the necessary conditions of approval for this phase of the development are met.) On November 26 and December 10, 2007, the city council heard testimony during visitor's presentations from several residents within the Beaver Lake Townhome development. These residents expressed concerns about the status of the project and about the future phases of the development. On January 14, 2008, the city council reviewed the conditional use permit for the Beaver Lake Town Houses PUD. The council, after much review and discussion, decided to review the permit again in six months (July 2008). On March 24, 2008, the city council approved the final plat for the Beaver Lake Fourth and Fifth Additions. These final plats created new lots for the construction of new units from former outlots. DISCUSSION The developer and contractor have completed all of the detached town houses within the site but have not yet started the apartment-style buildings. The developer and contractor have much to do to finish the project including the construction of the multi-unit buildings and replacing several dead trees within the site. City staff is currently reviewing the building permit applications for the first multiple-unit buildings in the development. As directed by the city council, city staff reviewed the city project files and found copies of the 2002 overall landscape and tree plan for the site and the updated tree plans for the fourth and fifth additions of the development from spring 2008. I have included copies of these plans for the council's reference. The issues raised by the neighbor were that city staff was not aware of or knew the location of the tree plans for the development and that the city might not be enforcing all the city council requirements, including the tree planting requirements. This is an on going development and city staff will ensure that the developer and builder meet all city conditions of approval as the construction continues. RECOMMENDATION Staff has enclosed tree plans for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive per the council's request. No council action is required. Kr/p:sec25/beaver Lake TH Tree Plan review -June 2008 Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. 2002 Overall Landscape and Tree Plan (Separate Attachment) 5. 2008 Fourth Addition Tree Plan (Separate Attachment) 6. 2008 Fifth Addition Tree Plan (Separate Attachment) 2 REFERENCE Site History On May 28, 2002, the city council made several approvals for the Beaver Lake Town Houses. These included: A conditional use permit (CUP) for a planned unit development (PUD) fora 148-unit housing development. The applicant requested the CUP because Section 36-566(a) of the city code (shoreland district regulations) requires a PUD for developments with buildings having more than four units when the site is in the shoreland district of a lake. In this case, the site is in the shoreland district of Beaver Lake and will have a mix of housing with 40 single-family detached townhomes and 108 rental units in 11 8-unit and 5 4-unit buildings. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details (such as setbacks and street right-of-way and pavement widths) than the standard city requirements would normally allow. (See the approved site plan on page six.) 2. Street right-of-way and easement vacations. These were for the unused street right-of-ways and easements on the site. 3. A preliminary plat to create the lots in the development. 4. Authorization for city staff to spend city open space funds and to use a $150,000 DNR grant to buy about 8.9 acres of the project site for park and open space purposes. On July 9, 2002, the community design review board (CDRB) approved the proposed design plans (architectural, landscaping, etc.) for the development. Mr. Emmerich appealed to the city council a part of the CDRB's approval about brick on the exteriors of the four and eight-unit buildings. On August 12, 2002, the city council approved Mr. Emmerich's appeal of the CDRB's condition about adding more brick to the four and eight-unit buildings within the site. (That is, the city will not be requiring Mr. Emmerich to add more brick to the buildings as the CDRB required.) On August 26, 2002, the city council awarded the contract for the construction of the Beaver Lake sanitary sewer improvement project to Barbarosoa and Sons, Inc. They completed this sewer project in December 2002. On November 13, 2002, the city council approved the first final plat for the Beaver Lake Town Houses. This plat created six lots for detached town houses along Maryland Avenue, several outlots for future phases of the development and the park area along the creek in the center of the site. On March 31, 2003, the city council approved the second final plat for the Beaver Lake Town homes. This plat created 16 lots for detached town houses in the area west of Sterling Street and south of the creek corridor. On June 9, 2003, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. 3 On September 8, 2003, the city council approved the Beaver Lake Townhomes Third Addition final plat. This plat created 18 lots for detached town houses in the area west of the creek and east of Lakewood Drive. On June 28, 2004, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On June 13, 2005, the city council reviewed this permit and agreed to review it again in one year. On June 26, 2006, the city council reviewed this permit and agreed to review it again in one year. On June 11, 2007, the city council reviewed this permit and agreed to review it again in one year. 4 Location Map Beaver Lake ~ownhomes t1 t2 ITE Zoning Map Beaver Lake ~ownhomes 7 Agenda Item G2 Knaak & Kantrud, P.A. A T T 0 R N E Y S OF COUNSEL: Tom Dailey Don Kohler A T L A W H. Alan Kantrud hakantrud@klaw.us alan.kantrud@maplewood.ci.mn.us direct: 612-743-4242 MEMORANDUM DATE: 2 June 2008 T0: Chuck Ahl, Acting City Manager RE: LMC guidance INTRODUCTION At the last City Council meeting I was asked to look into the viability and possibility of the LMCIT conducting an internal audit of procedures and policies of the City. The request was based on some materials that were provided at the meeting detailing some of the steps that the City of Northfield undertook sometime back when there were concerns as to the functioning of the City, internally. BACKGROUND Over the course of the past few months discussion has been had at the Council level regarding an outside audit of the City's finances based on an article that appeared in the Saint Paul Pioneer Press. The City has now completed or rather its outside accounting firm, Tauges Redpath, has completed an audit of the City's finances and to my knowledge the cities affairs are in order. The most recent request for assistance from the League was based on the experience that Northfield had when internal controls were in question. That particular case was rather unique in that the allegations at the time were that various violations of law may have been occurring, from data practices to state contracting prohibitions. Lawsuits were being threatened by multiple parties. The City had contracted with a separate attorney for guidance. The LMCIT did not intervene per se, although it did send counsel (Mr. Greene) to guide the City in event of litigation; to protect the interests of the League and limit exposure/risk of loss. Agenda Item G2 DISCUSSION I contacted the LMCIT and reviewed the situation of Maplewood with staff there. I told the League that we just completed our audit and that no major irregularities were found. In terms of providing forensic services and the like, the LMCIT and LMC are largely reactionary, or at least has to see the beginnings of a potential loss or exposure before they will appoint a person to make an inquiry. The expectation being that the constituent City will identify a specific problem and make the appropriate call to the League and then the League can take whatever steps required under the circumstance. While Maplewood has had a rather dramatic experience period as of late, the League also appreciated how those claims came to be and has acknowledged that the likelihood of more claims is low simply based on the lack of potential litigants. So from that standpoint the League did not see any internal mechanism worthy of review. In terms of general guidance, the League provides training and the rather voluminous handbook it publishes as well as support services in the form of reference/research attorneys. The League, however, will not generally come in at a City's request to provide general procedural advice. CONCLUSION The LMC and LMCIT is certainly available to the City in the myriad of ways that it is available to all its members. The City should identify a specific situation or procedure that it is aware of that could expose the Trust to exposure or loss if it wants direct support. Issues can be discussed with myself or the League's general counsel, Mr. Tom Grundhoefer, anytime for further review or action and Mr. Grundhoefer has assured me that he is available in that regard should issues arise that for whatever reason they cannot be channeled through myself or the Manager. ,I ac~etPce~c 2Ue C'axc Memorandum To: Chuck Ahl, Acting City Manager From: Will Rossbach, Council Member Date: June 4, 2008 Re: Girl Scout Gold Award Scholarship Recipients INTRODUCTION Attached are three resolutions for Abby Lopez, Lydia Nowak, and Nora Schmidt, recipients of the highest award that a Girl Scout aged 14-18 may earn. Abby, Lydia and Nora are all Maplewood residents. The City of Maplewood is very proud of these young ladies and thanks them for the wonderful work they have done for the community. The Girl Scout Gold Award requires a project to take a minimum of 65 hours of community service over four months. The Gold Award encompasses organizational, leadership, and networking skills, while fulfilling a need within the recipient's community (local or global). For many, the sense of community and commitment that comes from "going for the Gold" sets the foundation for a lifetime of active citizenship. COUNCIL ACTION I recommend approval of the resolution of appreciation for Abby Lopez, Lydia Nowak and Nora Schmidt at the June 9, 2008 City Council Meeting. RECOMMENDATION Adopt the attached resolutions of appreciation for Abby Lopez, Lydia Nowak and Nora Schmidt. WHEREAS, Abby Lopez, along with sister Girl Scouts Emily Hagstrom and April Miller of Little Canada, recognized the need to recycle more efficiently at North Senior High, and WHEREAS, the girls created, led, and maintained the MAKE A CHANGE: ENVIRONEMNTAL CLUB to inform students and staff about proper recycling in North St. Paul, and WHEREAS, the girls designed and placed instructional signs about the recycling containers in the school's cafeteria, hallways, and classrooms, and WHEREAS, the girls made an educational recycling video that was well received by students and staff, and WHEREAS, Abby Lopez has earned the Gold Award, the highest award a Girl Scout aged 14-18 may earn. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that Abby Lopez is hereby extended our heartfelt gratitude and appreciation for her dedicated service, and wishes her continued success in the future. Passed by the Maplewood City Council on June 9, 2008. Diana Longrie, Mayor Eric Hjelle, City Council Member Will Rossbach, City Council Member Kathleen Juenemann, City Council Member John Nephew, City Council Member Karen Guilfoile, City Clerk WHEREAS, Lydia Nowak worked with the 3M Orchestra, and WHEREAS, Lydia Nowak discovered new leadership skills, and WHEREAS, Lydia Nowak developed confidence in her abilities to successfully lead a project, and WHEREAS, Lydia Nowak has earned the Gold Award, the highest award a Girl Scout aged 14-18 may earn. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that Lydia Nowak is hereby extended our heartfelt gratitude and appreciation for her dedicated service, and wish her continued success in the future. Passed by the Maplewood City Council on June 9, 2008. Diana Longrie, Mayor Eric Hjelle, City Council Member Will Rossbach, City Council Member Kathleen Juenemann, City Council Member John Nephew, City Council Member Karen Guilfoile, City Clerk WHEREAS, Nora Schmidt, created a new and improved museum exhibit in the Gibbs Museum of Pioneer and Dakotah Life in Falcon Heights, and WHEREAS, Nora Schmidt, incorporated her knowledge of Jane Gibbs' life to create an exhibit based on the Gibbs' journey from New York to Minnesota, and WHEREAS, Nora Schmidt, successfully secured needed donations for the project materials, enlisted multiple volunteer artists to paint 10 foot by 15 foot murals, and WHEREAS, Nora Schmidt, coordinated the Roseville Area High School National Honor Society student and the local Girl Scouts to assemble the exhibit for the entire community to enjoy. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that Nora Schmidt is hereby extended our heartfelt gratitude and appreciation for her dedicated service, and wishes her continued success in the future. Passed by the Maplewood City Council on June 9, 2008. Diana Longrie, Mayor Eric Hjelle, City Council Member Will Rossbach, City Council Member Kathleen Juenemann, City Council Member John Nephew, City Council Member Karen Guilfoile, City Clerk Agenda Item 13 AGENDA REPORT TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Presentation: Recognition of Employees with 20+ years of Service DATE: June 4, 2008 INTRODUCTION/SUMMARY The City has 29 employees who have at least 20 years of service, and six of those 29 have served the City for 30 or more years. This action is recognition of those employees by the City Council. These employees will be recognized in department meetings and provided with service pins in appreciation of their dedication and service to the City. RECOMMENDATION It is recommended that the City Council adopt a motion recognizing the following 29 employees for their years of service to the City: • Bryan Nagel, 20 years, Street Maintenance Superintendent (Public Works) • Randal Lindblom, 20 years, Senior Engineering Technician (Public Works) • Steven Palma, 21 years, Specialty Police Officer (Police) • Erick Oswald, 21 years, Storm Sewer Crew Chief (Public Works) • Carole Anderson, 21 years, Accountant (Finance) • Ann Hutchinson, 21 years, Lead Naturalist (Public Works) • David Jahn, 21 years, Building Maintenance Worker (Community Development) • Andrea Oster, 21 years, License Specialist (Community Services) • Nick Carver, 21 years, Assistant Building Official (Community Development) • Thomas Szczepanski, 23 years, Police Officer (Police) • Cabot Welchlin, 23 years, Police Officer (Police) • Connie Kelsey, 24 years, Payroll Technician (Finance) • Joseph Bergeron, 24 years, Sergeant (Police) • John Bohl, 24 years, Police Investigator (Police) • David Thomalla, 25 years, Police Chief (Police) • Flint Karis, 25 years, Sergeant (Police) • Scott Steffen, 26 years, Sergeant (Police) • Douglas Taubman, 27 years, Recreation Superintendent (Community Services) • Carole Ritchie, 28 years(recent retire), Records Specialist (Police) • Janet Hayman, 28 years, Naturalist (Public Works) • Stephen Heinz, 28 years, Police Officer (Police) • Mark Maruska, 28 years, Park Maintenance Foreman (Public Works) • David Edson, 29 years, Maintenance Worker (Public Works) • Edward Nadeau, 30 years, Sanitary Sewer Superintendent (Public Works) • Pauline Staples, 30 years, Marketing/Recreation Dir. (Community Services) • Thomas Ekstrand, 32 years, Senior Planner (Community Development) • David Germain, 34 years, Maintenance Worker (Public Works) • Joanne Svendsen, 35 years, Administrative Assistant (Police) • Gerald Meyer, 38 years, Maintenance Worker (Public Works) Agenda Item 14 AGENDA REPORT TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Appointments /Presentations -Environment and Natural Resources Commission DATE: June 4, 2008 INTRODUCTION/SUMMARY The City Council has conducted an interview of one candidate for two openings to the Environment and Natural Resources Commission prior to this meeting. No other candidates have applied for the second opening. The following individual applied and has been interviewed. Council action is required to appoint or reappoint members. RECOMMENDATION It is recommended that the City Council adopt a motion to appoint as noted: Environmental and Natural Resources Commission (2 openings): • Bill Schreiner: 6/09 Interview; Agenda Item J1 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer Jon Jarosch, Civil Engineer I SUBJECT: Beam Avenue Improvements, City Project 07-26 1. Assessment Hearing, 7:00 p.m. 2. Approve Resolution for Adoption of Assessment Roll 3. Approve Resolution for Awarding of Bid DATE: May 30, 2008 INTRODUCTION All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at, or prior to, the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the June 23, 2008 council meeting and consider approving the attached resolution adopting the assessment roll without the property owners who have submitted objections. Final plans and specifications for the Beam Avenue Improvements were approved by the city council on April 28, 2008 and authorization was given to advertise for bids. Those bids were received and subsequently opened on Friday May 30, 2008. The city council should also consider approving the attached resolution approving the award of bid following the assessment hearing and the adoption of the assessment roll. Background The project involves the partial reconstruction of 1.0 mile of street with associated storm sewer repairs, sanitary sewer repairs, spot curb replacement, sidewalk installation, existing sidewalk spot replacement, watermain replacement, and rainwater garden installations. The current width of Beam Avenue is 44 feet between White Bear Avenue and McKnight Road and 36 feet between McKnight Road and Bellaire Avenue. The 44 foot section is being narrowed to 38 feet wide to accommodate parking on both the north and south sides of Beam Avenue. The construction limits will not change. Also during final State Aid review it was determined that the existing 36 foot wide section east of McKnight Road needed to be widened to 38 feet to accommodate parking on both the north and south sides of Beam Avenue. The extra 2 feet expansion would have been required on the south side which abuts North Saint Paul residents. The North Saint Paul residents did not want to lose 2 feet of boulevard and sent feedback to Maplewood and North Saint Paul staff stating that they would rather restrict parking on the south side of Beam Avenue between McKnight Road and Bellaire. This would meet the requirements of State Aid and therefore no expansion to 38 feet would be required. In talking to North Saint Paul staff it is understood that a No Parking resolution will be attained from their council to allow for this condition. Only costs related to the street and utility improvements are proposed to be assessed and are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy. The method of assessment is the same as was outlined in the Agenda Item J1 feasibility study. The proposed assessments will be for costs relating to the street and utility improvements to the benefiting properties abutting Beam Avenue between White Bear and Bellaire Avenue. The assessment rates are shown below: Residential Rates: • $4,070 /unit for partial street reconstruction (utilizing existing curb & gutter). • $900 /unit for drainage improvements. The proposed assessments for the Beam Avenue Improvements total $355,220. A copy of the assessment roll is provided as a supplement to this report. Contractor bids were received and publicly read aloud at 10:00 a.m., on Friday May 30, 2008. The following 6 bids were received: Contractor Base Bid 1) T.A. Schifsky and Sons $1,549,872.78 2) Tower Asphalt $1,685,622.06 3) Frattalone Companies $1,699,638.00 4) Forest Lake Contracting, Inc. $1,740,890.63 6) Hardrives, Inc. $1,804,914.27 All bids have been checked and tabulated. It should be noted that the bid from Park Construction was incomplete, and should be rejected. The engineer's estimate for the project was $1,750,000 for the total bid. The low bid from T.A. Schifsky and Sons of $1,549,872.78 is about 11% less than the engineer's construction cost estimate. The city has worked successfully with T.A. Schifsky and Sons in the past; most recently on the Ferndale-Geranium Street Improvements, City Project 07-14. Assessment Objections Filed As of June 2, 2008 staff has received three objections to the proposed assessments: a. Parcel 02.29.22.42.0111 -William Greifzu; 2032 Beam Avenue Mr. Greifzu objects to the assessment based upon a senior citizen deferral. b. Parcel 02.29.22.42.0112 -Madonna Hawthorne; 2030 Beam Avenue Ms. Hawthorne objects to the assessment based upon a senior citizen deferral and requests a cancellation of assessment. c. Parcel 02.29.22.42.0005 -Eugene Radermacher; 2120 Beam Avenue Mr. Radermacher objects to the assessment and requests a cancellation of the storm sewer assessment. Staff will review all objections and provide the city council recommendations for motion at the June 23, 2008 city council meeting. BUDGET IMPACT The proposed assessments are part of the project financing plan, approved in March of 2008. Any assessments that may ultimately be reduced or deferred will have an impact on the tax levy. A statement of tax levy impact will be made for the June 23, 2008 council meeting when all the assessments objections and recommendations are considered. The funding approved for this project by the council is $2,466,000. With the low bid price and adequate approved funding, no adjustments to the budget are needed. Agenda Item J1 RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Adoption of the Assessment Roll and the attached Resolution for awarding the bid for Beam Avenue Improvements, City Project 07-26. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Resolution: Award of Bid 3. Assessment Roll 4. Location Map 5. Objection Letters 6. KH Bid Letter Agenda Item J1 Attachment 1 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 12, 2008 calling for a Public Hearing, the assessment roll for the Beam Avenue Improvements, City Project 07-26, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and And, WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 02.29.22.42.0111 -William Greifzu; 2032 Beam Avenue Mr. Greifzu objects to the assessment based upon a senior citizen financial hardship deferral. b. Parcel 02.29.22.42.0112 -Madonna Hawthorne; 2030 Beam Avenue Ms. Hawthorne objects to the assessment based upon a senior citizen financial hardship deferral and requests a cancellation of assessment. c. Parcel 02.29.22.42.0005 -Eugene Radermacher; 2120 Beam Avenue Mr. Radermacher objects to the assessment and requests a cancellation of the storm sewer assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on June 23, 2008, as to their recommendations for adjustments. 2. The assessment roll for the Beam Avenue Improvements as amended, without those property owners' assessments that have filed obj ections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2009 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2008, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2008, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city Clerlc shall forthwith after October 1, 2008, but no later than November 15, 2008, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 9~' day of June 2008. Agenda Item J1 Attachment 2 RESOLUTION AWARD OF BIDS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky and Sons in the amount of $1,549,872.78 is the lowest responsible bid for the construction of Beam Avenue Improvements -City Project 07-26, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Adopted by the council on this 9~' day of June 2008. Agenda Item J1 Attachment 3 PARCELID TAXPAYER STREET NUMBER STREET EXISTING RESIDENTIAL UNITS TOTAL ASSESSABLE UNITS STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 22922420005 E D RADERMACHER 2120 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922420004 GREGORY JAMES TSCHIDA 2114 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922420003 NORBERT SZABO 2106 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922420002 JASON W SCHOCK 2098 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922420001 SUSAN M NAVARRETTE 2090 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922420035 ROBERT L SCHMIDT 2869 FREDERICK STN 1 1 4,070.00 4,070.00 22922420120 FLOYD M JOHNSON 0 BEAM AVE E 0 2 1,800.00 8,140.00 9,940.00 22922420115 JOHN A CURLEY 2060 BEAM AVE E 1 1 4,070.00 4,070.00 22922420033 SU XIONG 2050 BEAM AVE E 1 1 4,070.00 4,070.00 22922420114 SUSAN M JOHNSON 2042 BEAM AVE E 1 1 4,070.00 4,070.00 22922420113 LINDA M BARBER 2040 BEAM AVE E 1 1 4,070.00 4,070.00 22922420111 WILLIAM H GREIFZU 2032 BEAM AVE E 1 1 4,070.00 4,070.00 22922420112 MADONNA M HAWTHORNE LE 2030 BEAM AVE E 1 1 4,070.00 4,070.00 22922420006 BRIAN ROSE 2126 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140102 ARLENE A DEWITT TRUSTEE 2253 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140103 DELORES E STEEPEN LE 2245 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140104 JUNE M MERSCH 2239 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140105 THOMAS A CHARTRAND 2231 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140106 MARY KATHERINE FRATTALONE 2225 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140107 DEAN S PENNAS 2219 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140108 KAY SHERER SMITH 2211 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140109 DARRIN S GOAD 2205 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140110 GARY A CAMPBELL 2197 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140111 KAREN K MOEN TRUSTEES 2191 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140112 ALAYNE W GANS 2183 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140113 BRIAN E KOPPEN 2177 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140114 JEFFREY R LINDA 2171 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140115 MICHAEL M FLORHAUG 2163 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922140087 RANDY B HARVEY 2149 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922130043 CYRIL S ERPELDING 2137 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922130042 JASON T GOONEY 2129 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922130041 MARK M GULSVIG 2123 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922130040 DORIS L HANSEN 2117 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922130039 JACQUELINE C HENDERSON 2109 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922130038 SARA M ROSIN 2103 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922130037 MARY JEAN MOSSER 2097 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922130036 CLAYTON D QUALLEY 2089 BEAM AVE 1 1 900.00 4,070.00 4,970.00 22922410014 TIMOTHY M SLABIK 2254 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410013 DONALD D HEITLAND 2246 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410012 RICHARD J ERNST 2240 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410011 JESSICA LEE JOHNSON 2232 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410010 NICOLE L WESTERG REEN 2224 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410009 JOHN G BALLUFF 2218 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410008 JOHN C KLIETHERMES JR 2212 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410007 DEAN B JOY 2204 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410006 KARL J EBERT 2198 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410005 JOSEPH J THAO 2190 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410004 JP MORGAN CHASE BANK NA 2184 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410003 WILLIAM C ERICKSON 2178 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410002 GLEN J KLAVER 2170 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410001 GREG POSEWITZ 2164 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922410029 MICHAEL C CLEVELAND 2148 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922420008 RALPH E FLAUGHER 2140 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 22922420007 JAMISON D RUSTHOVEN 2134 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 12922230027 JAMES A ALLEN 2307 BEAM AVE E 1 1 4,070.00 4,070.00 12922230026 ROBERT J MILLER 2315 BEAM AVE E 1 1 4,070.00 4,070.00 12922230028 JOSEPH E MCWATTERS 2301 BEAM AVE E 1 1 4,070.00 4,070.00 12922230029 KRISTINE M WALSH 2293 BEAM AVE E 1 1 4,070.00 4,070.00 12922230030 ANTHONY M DEUTSCH 2287 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 12922240087 DAVID B MILLER 2383 BEAM AVE E 1 1 4,070.00 4,070.00 12922240088 BRADLEY R HALFMAN 2391 BEAM AVE E 1 1 4,070.00 4,070.00 12922240089 ERIC M KEHLE 2399 BEAM AVE E 1 1 4,070.00 4,070.00 12922240086 ROSEMARY K HALL 2375 BEAM AVE E 1 1 4,070.00 4,070.00 12922230048 LAWRENCE J SCHMIDT 2367 BEAM AVE E 1 1 4,070.00 4,070.00 12922230019 VINCENT L WILHELM 2363 BEAM AVE E 1 1 4,070.00 4,070.00 12922230020 MICHAEL J MCKNIGHT 2357 BEAM AVE E 1 1 4,070.00 4,070.00 12922230021 DANIEL R CHRISTIANSON 2349 BEAM AVE E 1 1 4,070.00 4,070.00 12922230022 JEROME P BALSIMO 2343 BEAM AVE E 1 1 4,070.00 4,070.00 12922230023 MARY K PUTNEY 2335 BEAM AVE E 1 1 4,070.00 4,070.00 12922230024 EDWARD L DOBERSTEIN 2329 BEAM AVE E 1 1 4,070.00 4,070.00 12922230025 HENRY O BOMERSINE 2321 BEAM AVE E 1 1 4,070.00 4,070.00 12922240060 PAULA M ASHLEY 2423 BEAM AVE E 1 1 4,070.00 4,070.00 12922240061 JOANN M BRICHACEK 2431 BEAM AVE E 1 1 4,070.00 4,070.00 12922240101 AARON C MARTIN 2899 BELLAIRE AVE N 1 1 900.00 4,070.00 4,970.00 12922240012 KELLY L GRATKE 2465 BEAM AVE E 1 1 900.00 4,070.00 4,970.00 EXISTING TOTAL STORM STREET TOTAL RESIDENTIAL ASSESSABLE ASSESSMENT ASSESSMENT ASSESSMENT UNITS UNITS TOTALS = 74 76 $45,900.00 $309,320.00 $355,220.00 TOTAL = $355,220.00 2008 PROPOSED ASSESSMENT RATES: RESIDENTIAL STORM SEWER PER UNIT $900.00 RESIDENTIAL PARTIAL STREET RECONSTRUCTION PER UNIT $4,070.00 Agenda Item J1 Attachment 4 ~ WHITE BEAR OAK E 1 . N. BARTELMY LN. 68 2. N. CHIPPEWA CT. 3. BRENWOOD CV. o' ~ JNTY ~ ROAD ~ z ~ D ~ GALL AVE. 65 ~ o ~ o Off. WOODL o U WOODLYNN AVE. ~ z 3 000 BRENNER AVE. Q~ w 0 w o o Q ~ ~ ~ ~ w } ~ ~ z ~ Y ~ ~ 2. ~ ~„ ~ Q ~00o LYDIA Q ~ ~ ~ u o AVE. n o g ~ ~ 1 • ~ cam `~ ~ o Q~ ~ Y °' ~s v ~ ~ z 19 ~P 19 ~ ~ w Playcrest AVE. Q ~`P ~ ~ ~ ~ a~`P~~ ~T STANDRIDGE ~ J ~ ]O Maplewood ~ 2 MAPLE LN. ~QQ ~ ~P '~y J ,Heights ~ ~ifj ~Q rZ ~ m ~E• BEAM Park ~ w AVE. ~ ~ ~ MAPLE VIEW AVE. 68 ]~ Q / O Q ~' AVE. O RADATZ ~ O MESABI ~ o AVE. ~ RAMSEY ~ couNrY ~ N 0 RTH ST. PAU ~ couRr m w KOHLMAN ~ ~ IICa~~ \ P o AVE. ~ La k Q ~ 23 IILL RD. 65 w (Y AVE. 1 1 th ~ AVE, ~P ~ no scale Beam Avenue Street Improvements City Project 07-26 Agenda Item J1 Attachment 5 __® -®---r - r _ - ,_ E C:` ~®~, rasa f assesse areal 6 ~ ~.. v m. t.~.-r. Property identification number: (12 digit number) Do you wish to address the city council tonight? ^ ~~., Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. 1 request that the city council consider (check one): a. ^ Deferral of assessment b. ~ Senior citizen deferment (over 65 years of age) c. ^ Cancellation of assessment d. ^ Revision of assessment Reason for the request: ~r Address of rope weer Zip Telephone Agenda Item J1 Attachment 5 T __~____ TI ___ t t T J T dress o assesse reel ~~, t`~ ~~c~~~.~. ~~ ,~ -~ Property identification number: (12 digit number) Do you wish to address the city council tonight? ^ Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. ^ Deferral of assessment b. ~ Senior citizen deferment (over 65 years of age) ~~ ~ t Agenda Item J1 Attachment 5 E T I TI PROJECTS ~" - Address of assessed parcel ~`,d c~ ~ ~ - ~ ' `~ p ~~ _.____a__ .~- e ~- p Y `~ ~_ ~ Pro ert identification number ~ ' ` ~ '~' ~`. ~~'~ ~ A~ ~~ ' (~~°digit number) ~~ Do you wish to address the city council tonight? ^ Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. ^ Deferral of assessment b. ^ Senior citizen deferment (over 65 years of age) c. ^ Cancellation of assessment d. Revision of assessment _ ~ ~ ~? .; Agenda Item J1 ~ _ Rt~crr~ent 5 ....-... _w_.,, ----- - -- ....... . / .......... I y ,.. -~ .... ...............) as ~°arnest /Y1on.ep, and irz part paprnent for tJie pur°ch,ase of the follozvin~ described propertz~ situated ioa the Countd of ............................ ... ............and State of...._ - ..................._-..--..-.....-.....-.--....... --- - --- -, utz r ...., s .•.~ ; a ws which............_F?~...--- ...................have this daze, th,rout'h---....................-..............---.....:~..~.... ---3-........ ------_ ...........................................authorized a~'erat.......----sold and a~s'ree to convez~ to said................:. ~ ~~~~ b~~ ........... ....... for° the sunz of...._ _- ---.....---. _ ....................... '...._.----- :.._..... ~~~ ~~f~~ ~ ~. ~ ~~ ~.~~° _ ............................._........7~olla~rs .........~...........,~.... on ter~rns as follows, viz: -------•--- ..... -- - .........................._...._..... ----- --) in harad paid as above, %?-r? rt - ~ ~ . ~,~r ~ $ ~~~~ :~~ ~` a. ~s ~ ~~ _ R - ~. ~ .. - .. _ -. ~.~~ , papable ora or before th.e dates as Warred above, or as soon thereafter as a 7't"arrantp Deed convezJira~s a Food title to said lar2d is tenderecc, ti.rn-e being' considered of the essence of this contract. ~t as understood that a cornpGete abstract of title oontinued to date or a certificate of title, under tdie Toe yens sr,}ste of land title registration is to be furnished to purchaser at the expense of vendor after wdaacdz•-----_~-------------daz~s is to be allowed. urcha<ser • f~ for examination of title ana report.--------------_--- --------------------------------------------------------------------------- Such p~ur°chaser a4r°eP to pair all t~a.res or assessrazents, or installrrzera.ts %lzer°eof, ttzat ra2azt izere- cfter° becorra,e paz1able on said prolaertz~ front, date hereof, including' unpaid installrnerzts of special :: ss~, ~- rrz~°=2ts he; ~tofor°e levier' orz said --°opertz~ - , _..~ ~1 ~ _~ it is agree l tJz-; t a j C ~ title to i ~'. ~°reanises is riot good anti ctcrtraot be -°i ade Bond witdzirz si xt~~ daps frorva date hereof, zlzis o~'r°eerr2en.t shad be void, and the above._...r~~.-~::.~... • ~a3 ~ ~° f • .Dollar°s ~ .. -- ... ~ r°efunclerz. 13ut if tlcz, oitle to sa%d prerra,ises is noz,~ wood; in the r2ara2f: of th.e v: - ~~z: ; hoc r hirrz zvithirz sia;tp elo..rs, aid '~- ~d ~~srchaser° refuses to accept t,1~r,e sa~ze, said _ _ ..~.~.~*..,.....~ s7iall be j or°feited to t7ze 73ut it is a~`reed and, acnderstood by all parties to ~ its ag'reerroent that said forfeiture shall irz rzo ward a~'ect the r°ight of either par°tz~ to enforce the specific perforr22ance of this Contract, ~t is especiallr~ understood and agreed that this sale %s rrLade su'aject to approval by t7ae owner o said pr°eanises in writing, and that the cazder°sib'Wed ............................ ~. f .......- a~er2t ~s i ~no rnanner~zable or responsible oW account o ttt,i~ ag'reerr~er,.~..o~ .................._......--- _..... -. f ~ .. 2t except for t7ie r°etur°W o f saio? earnest anone as Tierean rovzdecl, __-~ z r`t - - - -r Agenda Item J1 Attachment 5 PIS 22922420005 Eugene and Darla aderza~r _ _ ~ _ _ _ _ ~;'" ~ j~ _ __ ~_ ! ~ ~ _.. i* ^ Agenda Item J1 Attachment E _ _ _ _ _ Agenda Item J 1 Attachment E ~ ~, ~N, ~~;~~~~~°M1,~ spa Agenda Item J2 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer Jon Jarosch, Civil Engineer I SUBJECT: Upper Afton Road Improvements, City Project 07-27 1. Assessment Hearing, 7:15 p.m. 2. Approve Resolution for Adoption of Assessment Roll 3. Approve Resolution for Awarding of Bid DATE: May 30, 2007 INTRODUCTION All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the June 23, 2008 council meeting and consider approving the attached resolution adopting the assessment roll without the property owners who have submitted objections. Final plans and specifications for the Upper Afton Road Improvements were approved by the city council on April 28, 2008 and authorization was given to advertise for bids. Those bids were received and subsequently opened on Friday May 30, 2008. The city council should also consider approving the attached resolution approving the award of bid following the assessment hearing and the adoption of the assessment roll. Background The city council ordered the preparation of a feasibility study at the November 12, 2007, regular meeting. On March 24, 2008 the city council accepted the feasibility report and ordered the public hearing. The project was then ordered at the April 14, 2008 council meeting after the public hearing was conducted. This one-mile section of road between McKnight Road and Century Avenue is in need of street and utility repairs as identified in the feasibility study. Work is planned to begin in mid to late June after the assessment hearing is conducted and the contract is awarded. Only costs related to the street and utility improvements are proposed to be assessed and are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate. The method of assessment is the same as was outlined in the feasibility study. Refer to the attached Assessment Roll for further description of the method of assessment. The proposed assessments will be for costs relating to the street improvements to the benefiting properties abutting Upper Afton Road between McKnight Road and Century Avenue. The proposed assessments for the Upper Afton Road Improvements total $41,010.43. Contractor bids were received and publicly read aloud at 2:00 p.m., on Friday May 30, 2008. The following 6 bids were received: Agenda Item J2 Contractor Base Bid 1) T.A. Schifsky & Sons $698,896.40 2) Tower Asphalt Inc. $725,872.00 3) Northwest Asphalt $738,435.95 4) Hardrives, Inc. $748,399.50 5) North Valley, Inc. $749,311.20 6) Midwest Asphalt Corp. $836,468.50 All bids have been checked and tabulated. The engineer's estimate for the project was $800,485.00 for the Total Bid. The low bid from T.A. Schifsky & Sons of $698,896.40 is about 12.5% less than the engineer's construction cost estimate. The city has worked successfully with T.A. Schifsky & Sons in the past; most recently on Ferndale-Geranium Street Improvements, City Project 07-14. Assessment Objections Filed As of May 30, 2008 staff has received no objections to the proposed assessments. Staff will review all objections and provide the city council recommendations for motion at the June 23, 2008 city council meeting. BUDGET IMPACT The proposed assessments are part of the project financing plan, approved in March of 2008. Any assessments that may ultimately be reduced or deferred will have an impact on the tax levy. A statement of tax levy impact will be made for the June 23, 2008 council meeting when all the assessments objections and recommendations are considered. Funding was previously approved by council in the amount of $1,091,300. Therefore, with the low bid price there is adequate funding for this project and no budget adjustments are needed. Bids have continued to be very competitive and are creating savings for the city compared to the original approved funding amounts. RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Adoption of the Assessment Roll and the attached Resolution for awarding the bid for Upper Afton Road Improvements, City Project 07-27. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Resolution: Award of Bid 3. Assessment Roll 4. Location Map 5. SEH Recommendation Letter Agenda Item J2 Attachment 1 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 12, 2008 calling for a Public Hearing, the assessment roll for the Upper Afton Road Improvements, City Project 07-27, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and And, WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: None to date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on June 23, 2008, as to their recommendations for adjustments. 2. The assessment roll for the Upper Afton Road Improvements as amended, without those property owners' assessments that have filed obj ections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2009 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2008, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2008, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city Clerlc shall forthwith after October 1, 2008, but no later than November 15, 2008, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 9~' day of June 2008. Agenda Item J2 Attachment 2 RESOLUTION AWARD OF BIDS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky & Sons in the amount of $698,896.40 is the lowest responsible bid for the construction of Upper Afton Road Improvements -City Project 07-27, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Adopted by the council on this 9~' day of June 2008. Upper Aflon Road Improvements Assessment Roll Agenda Item J2 Attachment 3 City Project 07-27 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL (UNITS) COMMERCIAL (FRONT FEET) STREET 'oSSESSMENT 2008 ASSESSMENT ADOPTED 1991 ASSESSMENT CREDIT PER CCI 1.6732 ADJUSTED ASSESSMENT 2008 01 28 2 21 40 00 5 HOGDA LLC 9 CENTURY AVEN 125 $10,175.00 $1,875.00 $3,137.28 $7,037.72 01 28 2 241 0 001 SPEEDWAY SUPERAMERICA LLC 11 CENTURY AVES 150 $12,210.00 $4,500.00 $7,529.47 $4,680.53 01 28 2 21 40 004 PRINCETON TOWNMART LLC 19 CENTURY AVEN 20 $1,628.00 $300.00 $501.96 $1,126.04 01 28 2 23 20 00 5 COUNTY OF RAMSEY PROP MGMT 0 MCKNIGHT RD S 01 28 2 2340 001 COUNTY OF RAMSEY PARKS AND REC 0 MCKNIGHT RD N 01 28 2 2240 00 2 CITY OF MAPLEWOOD 63 STERLING ST S 01 28 2 2240 00 3 COUNTY OF RAMSEY PARKS AND REC 0 UPPER AFTON RD 01 28 2 241 0 00 6 COUNTY OF RAMSEY PARKS AND REC 0 UPPER AFTON RD E 01 28 2 23 20 004 COUNTY OF RAMSEY PARKS AND REC 0 UPPER AFTON RD E 01 28 2 22 20 001 COUNTY OF RAMSEY PARKS AND REC 2301 UPPER AFTON RD 01 28 2 231 0 001 COUNTY OF RAMSEY PARKS AND REC 2472 UPPER AFTON RD E 01 28 2 21 301 2 3 GLEN BEVERLY 2511 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 21 301 0 9 GERALDINE F HUSNIK 2535 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 21 30 07 2 DONALDJ STGERMAIN 2555 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 21 30 071 THAOZ HER 2567 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 24 20 001 COUNTY OF RAMSEY PARKS AND REC 2568 UPPER AFTON RD E 01 28 2 21 30 04 3 EDWARDJ VITEK 2587 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 21 30 04 2 PATRICK FMCCAULEY 2597 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 21 30 02 8 MICHAEL DRAGICH 2615 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 21 401 0 2 EDWIN M BACKIE JR 2631 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 21 40 07 5 KATHLEEN WALSH BRADY 2647 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 21 40 074 PAULINE MAE HOLLEN 2663 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 21 40 04 8 RITA KAY BRENNER 2673 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 241 0 00 5 OPERATIONS ISD 622 2680 UPPER AFTON RD E 660 $53,724.00 $53,460.00 $53,460.00 $0.00 01 28 2 21 40 04 7 BRANDON PMEYER 2689 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 21 40 031 KENNETH J LANDRY 2709 UPPER AFTON RD 1 $4,070.00 $1,625.00 $2,718.98 $1,351.02 01 28 2 21 40 00 7 RIVERBROOK LLC 2715 UPPER AFTON RD 102 $8,302.80 $1,530.00 $2,560.02 $5,742.78 01 28 2 241 0 01 2 EAST MED PROPERTIES LLC 2716 UPPER AFTON RD 147 $11,965.80 $5,929.20 $9,920.83 $2,044.97 01 28 2 21 40 00 6 RIVERBROOK LLC 2721 UPPER AFTON RD 50 $4,070.00 $750.00 $1,254.91 $2,815.09 TOTAL RESIDENTIAL UNITS TOTAL COMMERCIAL FRONT FEET TOTAL STREET ASSESSMENT TOTAL ADOPTED IN 1991 TOTAL CREDIT TOTAL ADJUSTED ASSESSMENT 13 1254 $154,985.60 $89,469.20 $113,711.17 $41,010.43 2008 ASSESSMENT RATES: RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $4,070.00 /UNIT COMMERCIAL PARTIAL STREET RECONSTRUCTION = $81.40 /FRONT FOOT CREDIT PER THE CONSTRUCTION COST INDEX: YEAR 1991=4835; YEAR 2008=8090 loft Agenda Item J2 Attachment 4 94 1~ ~~ NUpSON Q PL. w ~ ~ gR OINI EW pR. ~ ~ ~~ P~~~tle ~ °'" Creek -~ MAYER LN. _~~ JAMES DR. Z w z ~ ~O O J 68 -ALE cRE ARK ~e guts z r w Z Z w J J REGIONAL ~ w ° ~ ~~`' o a Q UPPER AFTON RD. v~i ° ~ L` ~ 35 68 39 LOWER BA-~LE GR PARK REGIONAL q °N P:\WORKS\AGENDA\LOCATION MAPS no scale UPPER AFTON ROAD IMPROVEMENTS MCKNIGHT TO CENTURY, C.P. 07-27 1~ 94 > L-_ a 120 z w U ~ ~ ~ ~ z z ~i~ 0 RAMSEY COUNTY CORRECTIONAL FACILITY Rp 39 ,~ ~'~ I;1 June 2, 2008 Honorable Mayor and City Council City of Maplewood 1830 E. Co. Rd. B Maplewood, MN 55109 Re: City of Maplewood Upper Afton Road Improvements City Project No. 07-27 SEH No. A-MAPLE0804.00 Agenda Item J2 Attachment 5 On Friday, May 30, 2008, at 2:00 p.m., 6 bids were received for the referenced project. A summary is shown below in order of Total Bid. The bid tabulation is enclosed. Contractor Total Bid 1 T.A. Schifsky & Sons, Inc. $698,896.40 2 Tower Asphalt Inc. $725,872.00 3 Northwest Asphalt $738,435.95 4 Hardrives, Inc. $748,399.50 5 North Valley, Inc. $749,311.20 6 Midwest Asphalt Corp $836,468.50 Engi neer's Estimate $800,485.00 Based on the Total Bid, the low bid received was submitted by T.A. Schifsky & Sons, Inc., of North St. Paul, Minnesota in the amount of $698,896.40. This contractor has worked in the City of Maplewood on proj ects of various sizes. SEH engineers can conclude that T.A. Schifsky & Sons, Inc. has the experience and ability to complete a project of this size. Accordingly, we recommend the proj ect be awarded to T.A. Schifsky & Sons, Inc. in the amount of $698,896.40, based on their Total Bid, which compares favorably with the engineer's estimate shown above. Please call if you have any questions. Sincerely, ,_. _. ~~ ~ ., . Steven F. Heth, PE Project Manager Enclosure ah S:~KOW(W(apleA080400ARepons and Specs\s\Upper Afton Road LnpUecaward ltr.doc Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer ~ www.sehinc.com ~ 651.490.2000 ~ 800.325.2055 ~ 651.490.2150 fax Agenda Item J3 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: DuWayne Konewko, Deputy Director of Public Works SUBJECT: National Pollutant Discharge Elimination System (NPDES) Phase II Annual Report /Public Meeting - 7:30p.m. DATE: May 29, 2008 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. BAC KG RO U N D 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 storm water 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 storm-water 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 Storm Water 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 Storm Water Runoff Control • Post-Construction Storm Water Management • Pollution Prevention and Good Housekeeping Maplewood's SWPPP defines the Best Management Practices (BMPs) the City intends to use to minimize pollution from storm water runoff for each of the six minimum control measures. The City's permit and SWPPP have been available for public viewing at the engineering counter and were also posted on the city's website. 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 Agenda Item J3 dedicated phone line and email address was established to receive these comments. As of May 30, 2008, 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 submittal of the annual report is June 30, 2008. CHANGES TO FUTURE NPDES REPORTING REQUIREMENTS -NON-DEGRADATION PLANS The City of Maplewood is one of thirty cities in the State that will be required to submit aNon-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 criteria 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 your 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 determining what strategies can be used to bring these discharges back to 1988 levels. The primary goal of this 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 components 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. 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 Agenda Item J3 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 the MPCA. The deadline for submittal of the annual report is June 30, 2008. Attachments: 1. BMP Summary Sheets Agenda Item J3 Attachment 1 Additional BMP Summary Sheet MS4 Name: City of Maplewood, Minnesota Minimum Control Measure: NA Unique BMP Identification Number: X-1 *BMP Title: Nondegradation for Selected MS4s *BMP Description: The City will prepare a Loading Assessment and Nondegradation Report as per Part X, Appendix D, Sections B & C of the MS4 General Permit. The City will follow the public participation process as per Part X, Appendix D, Section D of the MS4 General Permit. After consideration of the input received during the public participation process, the City will prepare and submit the materials required in Part X. Appendix D. Section E of the MS4 General Permit. During the MPCA review, notice, and preliminary determination processes, the City will work with the MPCA, if appropriate, to respond to comments and/or revise the submittal materials to prepare them for final approval. After final determination by the MPCA, the City will modify the SWPPP as per the approved submittal materials and as needed to meet the nondegradation requirements. *Measurable Goals: 1. The City will prepare and submit materials to meet the requirements listed above. 2. The City will respond to and coordinate with the MPCA, as appropriate, during the MPCA review, notice, and preliminary determination processes. 3. Modify the SWPPP as per the approved modifications and as needed to meet the nondegradation requirements. *Timeline/Implementation Schedule: 1. The City will prepare and submit the required materials listed above by December 1, 2008. 2. The City will respond to and coordinate with the MPCA, as appropriate, during the MPCA review, notice, and preliminary determination processes. 3. After the submittal materials are approved by the MPCA, the City will modify the SWPPP, as per the approved modifications and as needed to meet the nondegradation requirements, in a timely manner. Specific Components and Notes: *Responsible Party for this BMP: Name: Deputy Director of Public Works Department: Public Works Phone: 651.249.2330 E-mail: duwayne.konewko(a~ci.maplewood.mn.us City of Maplewood, MN Page 51 NPDES Phase II NOI and SWPPP Permit No. MN R 040000 BMP Summary Sheet MS4 Name: City of Maplewood Permit Condition: IV.D Section 303(d) listings Unique BMP Identification Number: IV.D - 1 Agenda Item J3 Attachment 1 BMP Title: Impaired Waters Review Process BMP Description: The City will review discharges from our MS4 system to impaired waters, as defined by the current USEPA approved 303(d) list. In this review, the City will: ^ Identify the impaired waters that are likely to be impacted by the MS4's stormwater discharge. ^ Use a combination of storm sewer maps and field surveys to identify potential stormwater discharges to impaired waters ^ Delineate the watershed area(s) that contribute to the above discharge(s) ^ Evaluate the hydrology, land use and other characteristics of the watershed area(s) that may impact the impaired water as a result of a stormwater discharge from our MS4 Based on the review process above, we will determine if any changes to the existing stormwater system or BMPs are needed to minimize the impact of discharges from our MS4 to the impaired water(s). If such modifications are deemed necessary, we will modify our SWPPP and submit those modifications to the MPCA with the current year's annual report. In our review, we will consider timing and long and short term costs. The basis for our decisions will be documented in our program records and will be kept along with other records associated with the MS4 permit. A narrative summary of this review will then be prepared, and identify any associated SWPPP revisions that were made. Measurable Goals: L Prepare an impaired waters list. The list will address impaired waters within our jurisdictional boundaries, as well as those outside our boundaries likely to have an impact as a result of receiving stormwater discharge from the City; information about the stormwater discharges each impaired water receives from the City as is available and a summary of information (studies, data, plans) that currently exist for each impaired water. 2. Update storm system map. BMP 3a-1 map will be updated to include impaired waters listed in goal 1. 3. Complete a written summary. Summary will include conclusions reached during our review, the decision making process used to determine what SWPPP revisions maybe needed, and a projected schedule and timeline to incorporate any necessary changes into the SWPPP, if needed. Timeline/Implementation Schedule: 1. Annually 2. Annually 3. Annually Specific Components and Notes: This process is to be reassessed annually over the course of the permit cycle. As new 303(d) lists with additional impaired waters listed are published in the future, the City will review changes to the list and conduct the necessary review of additional listed waters likely to be impacted by the MS4's stormwater discharges. When an approved TMDL is finalized, the City intends to comply with the resulting permit requirements. Responsible Party for this BMP: Name: Deputy Director of Public Works Department: Public Works Phone: 651.249.2330 E-mail: DuWayne.Konewko@ci.maplewood.mn.us City of Maplewood, MN Page 52 NPDES Phase II NOI and SWPPP Permit No. MN R 040000 2007 Annual Report Summary Additional BMPs BMP X-1: Nondegradation for Selected MS4s Agenda Item J3 Attachment 1 MG-1. Prepare and Submit a Loading Assessment and Non-degradation Report Per MS4 Permit Requirements. The City completed a Loading Assessment and Non-degradation Report as required by the MS4 General Permit and submitted it to the MPCA on November, 30, 2007. MG-2. Respond and Coordinate with the MPCA, as appropriate, during the review, notice, and preliminary determination processes. The City will respond to and coordinate with the MPCA, as appropriate, during the MPCA review, notice, and preliminary determination processes. MG-3. Modify the City's SWPPP as Needed to Meet the Non-degradation Requirements. After the submittal materials are approved by the MPCA, the City will modify the SWPPP, as per the approved modifications and as needed to meet the non-degradation requirements, in a timely manner. BMP IV.D-1: Impaired Waters Review Process MG-1. Prepare an Impaired Waters List. The City has reviewed and identified the Impaired Waters located within our jurisdictional boundary for 2007. Those water bodies and the related impairment(s), based on the draft 2008 Impaired Waters List, are: Water Bod Entit ID Im airment(s) Gervais Lake 62-0007-00 Hg, PFOs Kohlman Lake 62-0006-00 TP, PFOs Keller Lake 62-0010-00 TP, PFOs Round lake 62-0012-00 TP, PFOs Phalen Lake 62-0013-00 PFOs Wakefield Lake 62-0011-00 TP Beaver Lake 62-0016-00 TP, H Battle Creek 07010206-592 Cl TP -Total Phosphorus; Hg -Mercury; C1-chloride; PFOs ° Perflourooctane Sulfonate. Based on a list provided by MPCA in January 2008, the City has identified the water bodies (including the impairment status) that are within one mile of the City jurisdictional boundary. The full list of lakes and streams is provided in Exhibit A and the full list of Lakes and Wetlands is attached as Exhibit B. Both lists indicate waters within the 1-mile distance that were not on the original list provided by MPCA. Highlighted rows were added to the list provided by MPCA. Impaired water bodies outside the boundaries of Maplewood are listed below along with the Entity ID (given by MPCA), related impairment(s), and an identification of if the water body receives storm water flow from the City: City of Maplewood, MN Page 53 NPDES Phase II NOI and SWPPP Permit No. MN R 040000 Agenda Item J3 Attachment 1 Water Bod Entit ID Im airment(s) Receives Flow From City (Y/N) Tanners Lake 82-0115-00 Hg Yes Battle Creek Lake 82-0092-00 TP No Carver Lake 82-0166-00 TP, H Yes Pigs Eye Lake 62-0004-00 TP, Hg Yes Unnamed (North Star) ~ 62-0237-00 ~ PCB, Hg ~ Yes MG2. Update the City's Storm Sewer System Maps to include the Impaired Waters. The City has updated the storm sewer system maps to include the impaired waters information. The map revisions are being completed as part of an update to the City's Surface Water Management Plan scheduled for completion in 2008. MG-3. Complete a Written Summary on the Evaluation Process completed on the Impaired Waters within our Community and the related SWPPP revisions proposed in response to this process. The local watershed organizations have completed water quality studies on the impaired water bodies within Maplewood. The City has been in close contact with the watersheds and has been part of the discussions on lake management priorities and pending TMDL studies. The City has not done any work to address waters impaired by mercury, as we understand mercury impairments will be addressed on a regional basis by other agencies. The City has also not done any work on impairments other than total phosphorus to date. The lake studies completed to date have delineated the watershed areas that contribute to each of the impaired lakes. In some cases, work to date has identified likely pollutant sources and has established water quality models to evaluate pollutant loads. The lake models and land use information gathered is being used to identify best management practices that can be implemented to reduce pollutant loads to the impaired waters. Implementation of practices will be initiated by both the City and local watershed organizations. Funding estimates for implementing additional management practices has been incorporated in the City's Surface Water Management Plan funding schedule for 2008 - 2018. The City is not proposing any changes to our SWPPP related to impaired waters at this time. City of Maplewood, MN Page 54 NPDES Phase II NOI and SWPPP Permit No. MN R 040000 Agenda Item J3 Attachment 1 EXHIBIT A MAPLEWOOD, MN NEARBY ~'~ WATERS REVIEW -LAKES DOWLKNUM EZLKNUM LKNAME_ID PWI CLASS IMPAIRED? 19000500 19-5 P U.S. Lock & Dam #2 Pool (19-5 P) P 62000100 62-1 P Silver East 62-1 P P 62000400 62-4 P Pigs Eye (62-4 P) P TP, Hg 62000500 62-5 P Casey (62-5 P) P 62000600 62-6 P Kohlman (62-6 P) P TP, PFOS 62000700 62-7 P Gervais 62-7 P P H , PFOS 62000800 62-8 P Sava e 62-8 P P 62001000 62-10 P Keller (62-10 P) P TP, PFOS 62001001 62-10 P Spoon (62-10 P) P PFOS 62001100 62-11 P Wakefield (62-11 P) P TP 62001200 62-12 P Round (62-12 P) P TP, PFOS 62001300 62-13 P Phalen 62-13 P P PFOS 62001600 62-16 P Beaver 62-16 P P TP, H 62001700 62-17 P Unnamed (Lg. Lk. Rd HW10) (62-17 P P 62004000 62-40 P Willow 62-40 P P 62004200 62-42 P Heiner's (62-42 P) P 62005400 62-54 P McCarron (62-54 P) P 62023700 62-237 P Unnamed North Star 62-237 P P H ,PCB 62024300 62-243 P Unnamed 62-243 P P 82009100 82-91 P Battle Creek (82-91 P) P TP 82010200 82-102 P Mud (82-102 P) P 82011500 82-115 P Tanners (82-115 P) P Hg 82016600 82-166 P Carver 82-166 P P TP, H TP =Total phosphorus; Hg =Mercury; PFOS = Perflourooctane Sulfonate; PCB = Polychloronate Biphenyls CI =Chloride Note: 1. List represents lakes within Maplewood and lakes within 1 mile of Maplewood's boundary. City of Maplewood, MN Page 55 NPDES Phase II NOI and SWPPP Permit No. MN R 040000 Agenda Item J3 Attachment 1 EXHIBIT B MAPLEWOOD, MN NEARBY ~'~ WATERS REVIEW -LAKES AND WETLANDS DOWLKNUM EZLKNUM LKNAME_ID PWI CLASS IMPAIRED? 62000100 62-1 P Silver (East) (62-1 P) P 62000400 62-4 P Pigs Eye (62-4 P) P TP, Hg 62000500 62-5 P Casey (62-5 P) P 62000600 62-6 P Kohlman (62-6 P) P TP, PFOS 62000700 62-7 P Gervais 62-7 P P H , PFOS 62000800 62-8 P Savage (62-8 P) P 62001000 62-10 P Keller (62-10 P) P TP, PFOS 62001001 62-10 P Spoon (62-10 P) P PFOS 62001100 62-11 P Wakefield 62-11 P P TP 62001200 62-12 P Round 62-12 P P TP, PFOS 62001300 62-13 P Phalen 62-13 P P PFOS 62001400 62-14 W Unnamed (62-14 W) W 62001600 62-16 P Beaver (62-16 P) P TP, Hg 62001700 62-17 P Unnamed (Lg. Lk. Rd HW10) (62-17 P) P 62004000 62-40 P Willow (62-40 P) P 62004100 62-41 W Unnamed Varne 62-41 W W 62004200 62-42 P Heiner's 62-42 P P 62005400 62-54 P McCarron 62-54 P P 62008600 62-86 W Pepper Tree Pond (62-86 W) W 62008700 62-87 W Unnamed (62-87 W) W 62008800 62-88 W Unnamed 62-88 W W 62008900 62-89 W Unnamed 62-89 W W 62013000 62-130 W Unnamed 62-130 W W 62013100 62-131 W Unnamed (62-131 W) W 62013200 62-132 W Unnamed (62-132 W) W 62013300 62-133 W Unnamed 62-133 W W 62013400 62-134 W Handlo's (62-134 W) W 62013500 62-135 W Unnamed (62-135 W) W 62013900 62-139 W Unnamed (62-139 W) W 62014000 62-140 W Unnamed (62-140 W) W 62014100 62-141 W Beam Pond 62-141 W W 62014200 62-142 W Unnamed (62-142 W) W 62014400 62-144 W Unnamed (62-144 W) W 62014600 62-146 W Unnamed (62-146 W) W 62014700 62-147 W East Sava a 62-147 W W 62014800 62-148 W Unnamed 62-148 W W 62014900 62-149 W Unnamed 62-149 W W 62015000 62-150 W Unnamed (62-150 W) W 62015100 62-151 W Unnamed (62-151 W) W 62015200 62-152 W Unnamed 62-152 W W 62015300 62-153 W Unnamed 62-153 W W 62015300 62-153 W Unnamed 62-153 W W 62015400 62-154 W Unnamed (62-154 W) W City of Maplewood, MN Page 56 NPDES Phase II NOI and SWPPP Permit No. MN R 040000 62015500 62-155 W Unnamed (62-155 W) W 62015600 62-156 W Unnamed (62-156 W) W 62015700 62-157 W Unnamed (62-157 W) W 62015800 62-158 W Unnamed (62-158 W) W 62015900 62-159 W Unnamed (62-159 W) W 62016200 62-162 W North Knucklehead 62-162 W W 62016500 62-165 W South Knucklehead (62-165 W) W 62022600 62-226 W Unnamed (62-226 W) W 62022700 62-227 W Unnamed (62-227 W) W 62022800 62-228 W Frost 62-228 W W 62022900 62-229 W Unnamed 62-229 W W 62023200 62-232 W Unnamed (62-232 W) W 62023300 62-233 W Unnamed (62-233 W) W 62023500 62-235 W Unnamed (62-235 W) W 62023500 62-235 W Unnamed 62-235 W W 62023700 62-237 P Unnamed North Star 62-237 P P H ,PCB 62023900 62-239 W Unnamed (62-239 W) W 62024000 62-240 W Unnamed (62-240 W) W 62024000 62-240 W Unnamed (62-240 W) W 62024100 62-241 W Unnamed 62-241 W W 62024200 62-242 W Unnamed 62-242 W W 62024200 62-242 W Unnamed (62-242 W) W 62024300 62-243 P Unnamed (62-243 P) P 62024500 62-245 W Unnamed (62-245 W) W 62024500 62-245 W Unnamed 62-245 W W 62024600 62-246 W Unnamed 62-246 W W 62024700 62-247 W Unnamed 62-247 W W 62024700 62-247 W Unnamed (62-247 W) W 62024800 62-248 W Unnamed (62-248 W) W 62025300 62-253 W Unnamed 62-253 W W 62025400 62-254 W Unnamed (62-254 W) W 82009100 82-91 P Battle Creek (82-91 P) P TP 82009700 82-97 W La (82-97 W) W 82009800 82-98 W Ria (82-98 W) W 82010200 82-102 P Mud 82-102 P P 82011500 82-115 P Tanners 82-115 P P H 82011900 82-119 W Unnamed (Weber) (82-119 W) W 82013500 82-135 W Unnamed (Echo) (82-135 W) W 82016600 82-166 P Carver 82-166 P P TP, H 82037400 82-374 W Unnamed 82-374 W W 82037500 82-375 W Unnamed 82-375 W W 82037600 82-376 W Unnamed (82-376 W) W 82037700 82-377 W Unnamed (82-377 W) W 82037800 82-378 W Unnamed 82-378 W W 82037900 82-379 W Unnamed 82-379 W W 82039300 82-393 W Unnamed 82-393 W W 82039300 82-393 W Unnamed (82-393 W) W 82039400 82-394 W Unnamed (82-394 W) W 82039500 82-395 W Unnamed 82-395 W W 82039700 82-397 W Unnamed 82-397 W W 82039700 82-397 W Unnamed 82-397 W W 82039700 82-397 W Unnamed (82-397 W) W Agenda Item J3 Attachment 1 City of Maplewood, MN Page 57 NPDES Phase II NOI and SWPPP Permit No. MN R 040000 82040100 82-401 W Unnamed (82-401 W) W 82040200 82-402 W Unnamed (82-402 W) W 82040300 82-403 W Unnamed (82-403 W) W 82040400 82-404 W Unnamed (82-404 W) W 82040400 82-404 W Unnamed (82-404 W) W 82040400 82-404 W Unnamed 82-404 W W 82040500 82-405 W Unnamed (82-405 W) W 82040500 82-405 W Unnamed (82-405 W) W 82040600 82-406 W Unnamed (Mary) (82-406 W) W 82040700 82-407 W Unnamed 82-407 W W 82040700 82-407 W Unnamed 82-407 W W 82040800 82-408 W Unnamed (82-408 W) W 82040800 82-408 W Unnamed (82-408 W) W 82040900 82-409 W Unnamed (82-409 W) W 82042400 82-424 W Unnamed 82-424 W W 82042400 82-424 W Unnamed 82-424 W W 82042400 82-424 W Unnamed (82-424 W) W 82042500 82-425 W Unnamed (82-425 W) W 82042600 82-426 W Unnamed (82-426 W) W 82042700 82-427 W Unnamed 82-427 W W 82043800 82-438 W Unnamed 82-438 W W 82043900 82-439 W Unnamed (82-439 W) W 82044000 82-440 W Unnamed (82-440 W) W 82044100 82-441 W Unnamed (82-441 W) W 82045000 82-450 W Unnamed 82-450 W W 82045100 82-451 W Unnamed 82-451 W W 82045800 82-458 W Unnamed 82-458 W W 82048900 82-489 W Unnamed (82-489 W) W 62024900 62-249 W Unnamed (62-249 W) W TP =Total phosphorus; Hg =Mercury; PFOS = PerFlourooctane Sulfonate; PCB = Polychloronate Biphenyls CI =Chloride Notes: 1. List represents lakes within Maplewood and lakes within 1 mile of Maplewood's boundary. Agenda Item J3 Attachment 1 City of Maplewood, MN Page 58 NPDES Phase II NOI and SWPPP Permit No. MN R 040000 Agenda Item K1 AGENDA REPORT TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Carver Crossing Development -Consider Resolution Approving Development Contract with CoPar for Settlement of Litigation and Approval of Development Plan DATE: June 4, 2008 INTRODUCTION/SUMMARY The City Council, on May 12, 2008, adopted a resolution establishing terms of a development approval and settlement of litigation for the Carver Crossing development. That resolution directed the preparation of a development contract for Council consideration at the first meeting of June 2008. Mr. Baker has reported that the current status of the development agreement drafting and negotiation has been delayed due to activities on other fronts that have delayed the two attorneys off the original schedule. The final findings and a draft of the development agreement should be finalized within the next 7 - 10 days. Mr. Baker and Mr. Rolstan (the CoPar Attorney) request that this item be tabled to the June 23rd meeting. RECOMMENDATION It is recommended that the City Council adopt a motion to table consideration of the Carver Crossing Development Contract to the June 23rd meeting. Agenda Item K2 AGENDA REPORT TO: Chuck Ahl -- Acting City Manager FROM: Michael Thompson -Assistant City Engineer Steve Kummer -Civil Engineer I I SUBJECT: Hazelwood Street Improvements, City Project 07-25 Approve Resolution for Adoption of Revised Assessment Roll DATE: May 30, 2008 INTRODUCTION On May 12, 2008, the city council and staff received a total of 7 assessment objections for the Hazelwood Street Improvements. Recommendations for action on each of the objections are provided for the council to revise or confirm the final assessment roll for the project. Each of the 7 assessment objections represents one individual property owner. Background The proposed assessments for the Desoto-Skillman Area Street Improvements were submitted to the city council for adoption at the May 12, 2008 meeting. Residents were provided with the required advanced notice of the city's intent to levy the assessments, and the residents were required to file a written notice if they objected to the assessment amount. 1. Stanley Sommers, 2107 Hazelwood Street N (PIN 15-29-22-21-0039): Mr. Sommers requests a deferral of the assessment as it presents a financial hardship. 2. William and Elizabeth Carlson, 1962 Hazelwood Street, (PIN 15-29-22-13-0051): The Carlsons request cancellation of the 2nd unit assessment on their property. 3. Billeigh Riser, Sr., 2205 Hazelwood Street N, (PIN 10-29-22-34-0030): Mr. Riser requests a deferral of the assessment as it presents a financial hardship. 4. Janet Hardwick, 23594 Typo Creek Dr. NE, Stacy, MN for the property at 1951 Hazelwood Street (PIN 15-29-22-24-0026): Ms. Hardwick requests a deferral of the assessment as it presents a financial hardship. 5. George White, 2202 Hazelwood Street N (PIN 10-29-22-43-0059): Mr. White requests cancellation and/or senior citizen deferral of the assessment on his property. 6. Judy Baier, 2240 Hazelwood Street (PIN 10-29-22-43-0048): Ms. Baier requests a deferral of all four (4) unit assessments to her property as they present a financial hardship. 7. Mary Miller and Scott Horan, 976 Pondview Court, St. Paul, MN for the property at 2034 Hazelwood Street (PIN 15-29-22-13-0058): Mr. Horan and Ms. Miller request a deferral of the assessment due to litigation on the property ownership. All property owners requesting deferments or senior citizen deferments will be mailed an application packet upon council approval. Agenda Item K2 Recommended Adjustments The following actions are recommended by staff for the objection requests: Stanley Sommers, 2107 Hazelwood Street N (PIN 15-29-22-21-0039): Grant a senior citizen deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 2. William and Elizabeth Carlson, 1962 Hazelwood Street, (PIN 15-29-22-13-0051): Deny cancellation of the 2nd unit assessment to the property as the northern portion of the property meets frontage and area requirements. Grant deferment of the second unit assessment, without interest, until such time property is split and second lot is developed, subject to a signed agreement. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 3. Billeigh Riser, Sr., 2205 Hazelwood Street N, (PIN 10-29-22-34-0030): Grant a financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 4. Janet Hardwick, 23594 Typo Creek Dr. NE, Stacy, MN for the property at 1951 Hazelwood Street (PIN 15-29-22-24-0026): Grant a financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 5. George White, 2202 Hazelwood Street N (PIN 10-29-22-43-0059): Grant a senior citizen deferment, subject to the receipt of the necessary documents to be approved by the city engineer. Deny cancellation of the assessment to the property as benefit is received from the reconstruction of Hazelwood Street. 6. Judy Baier, 2240 Hazelwood Street (PIN 10-29-22-43-0048): Grant a financial hardship deferment on one unit assessment, subject to the receipt of the necessary documents to be approved by the city engineer. Grant deferment of the 3-unit assessment for future development, without interest, until such time property is split and second lot is developed, subject to a signed agreement. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 7. Mary Miller and Scott Horan, 976 Pondview Court, St. Paul, MN for the property at 2034 Hazelwood Street (PIN 15-29-22-13-0058): Deny deferment of the assessment as the pending litigation on the property ownership does not impact the benefit received from the reconstruction of the street. BUDGET IMPACT No adjustments to the project budget are required at this time resulting from the above recommendations. RECOMMENDATION Staff recommends that the city council approve the attached Resolution for the Adoption of the Revised Assessment Roll for the Hazelwood Street Improvements, City Project 07-25. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Assessment Roll 3. Location Map 4. Assessment objections (7) Agenda Item K2 Attachment 1 RESOLUTION ADOPTION OF REVISIONS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 12, 2008, the assessment roll for the Hazelwood Street Improvements, City Project 07-25, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, seven (7) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Stanley Sommers, 2107 Hazelwood Street N (PIN 15-29-22-21-0039): Mr. Sommers requests a deferral of the assessment as it presents a financial hardship. 2. William and Elizabeth Carlson, 1962 Hazelwood Street, (PIN 15-29-22-13-0051): The Carlsons request cancellation of the 2nd unit assessment on their property. 3. Billeigh Riser, Sr., 2205 Hazelwood Street N, (PIN 10-29-22-34-0030): Mr. Riser requests a deferral of the assessment as it presents a financial hardship. 4. Janet Hardwick, 23594 Typo Creek Dr. NE, Stacy, MN for the property at 1951 Hazelwood Street (PIN 15-29-22-24-0026): Ms. Hardwick requests a deferral of the assessment as it presents a financial hardship. 5. George White, 2202 Hazelwood Street N (PIN 10-29-22-43-0059): Mr. White requests cancellation and/or senior citizen deferral of the assessment on their property. 6. Judy Baier, 2240 Hazelwood Street (PIN 10-29-22-43-0048): Ms. Baier requests a deferral of all four (4) unit assessments to her property as they present a financial hardship. 7. Mary Miller and Scott Horan, 976 Pondview Court, St. Paul, MN for the property at 2034 Hazelwood Street (PIN 15-29-22-13-0058): Mr. Horan and Ms. Miller request a deferral of the assessment due to litigation on the property ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Hazelwood Street Improvements, Project 07-25: 1. Stanley Sommers, 2107 Hazelwood Street N (PIN 15-29-22-21-0039): Grant a senior citizen deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 2. William and Elizabeth Carlson, 1962 Hazelwood Street, (PIN 15-29-22-13-0051): Deny cancellation of the 2nd unit assessment to the property as the northern portion of the property meets frontage and area requirements. Grant deferment of the second unit assessment, without interest, until such time property is split and second lot is developed, subject to a signed agreement. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 3. Billeigh Riser, Sr., 2205 Hazelwood Street N, (PIN 10-29-22-34-0030): Grant a financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. Agenda Item K2 Attachment 1 4. Janet Hardwick, 23594 Typo Creek Dr. NE, Stacy, MN for the property at 1951 Hazelwood Street (PIN 15-29-22-24-0026): Grant a financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 5. George White, 2202 Hazelwood Street N (PIN 10-29-22-43-0059): Grant a senior citizen deferment, subject to the receipt of the necessary documents to be approved by the city engineer. Deny cancellation of the assessment to the property as benefit is received from the reconstruction of Hazelwood Street. 6. Judy Baier, 2240 Hazelwood Street (PIN 10-29-22-43-0048): Grant a financial hardship deferment on one unit assessment, subject to the receipt of the necessary documents to be approved by the city engineer. Grant deferment of the 3-unit assessment for future development, without interest, until such time property is split and second lot is developed, subject to a signed agreement. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 7. Mary Miller and Scott Horan, 976 Pondview Court, St. Paul, MN for the property at 2034 Hazelwood Street (PIN 15-29-22-13-0058): Deny deferment of the assessment as the pending litigation on the property ownership does not impact the benefit received from the reconstruction of the street. B. The assessment roll for the Hazelwood Street Improvements, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2008, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2008, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November 15, 2008, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 9t" day of June 2008. Agenda Item K2 Attachment 2 HAZELWOOD STREET IMPROVEMENTS ASSESSMENT ROLL CITY PROJECT 07-25 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS COMMERCIAL FRONT FOOTAGE STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 102922340043 PAUL E TUCKNER 1534 SANDHURST DR E 1 $5,460.00 $5,460.00 102922340058 JENNIFER M RASMUSSEN 1535 COUNTY ROAD B E 1 $5,460.00 $5,460.00 102922430052 TIMOTHY J ASHTON 1546 LAURIE RD E 1 $5,460.00 $5,460.00 152922120013 OPERATIONS ISD 622 1560 COUNTY ROAD B E 1114.21 $121,671.73 $121,671.73 152922240025 DEBORAH TSCHIDA 1941 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922130049 TRUSTEES OF CROSS LUTH CH 1945 PROSPERITY RD N 275.30 $30,062.76 $30,062.76 152922240026 JANET K HARDWICK 1951 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922130050 JAMES DAVIS 1956 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922240086 MARTIN LIENKE 1961 HAZELWOOD AVE 1 $5,460.00 $5,460.00 152922130051 ELIZABETH M CARLSON 1962 HAZELWOOD STN 2 $10,920.00 $10,920.00 152922240027 TIMOTHY J BUEGE 1967 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922130052 AMY DOEUN 1980 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922130053 CECILIA M EDWARDS L E 1988 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922240012 WAYNE J OCONNOR 1997 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922130054 THOMAS D WALLACE 2000 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922240013 LOUIS EVERETT 2007 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922130055 RAYMOND A COPT 2010 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922240014 TOUA THAO 2013 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922130056 LEO J VERHAAGH 2018 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922240015 THOMAS J ZIMITSCH 2021 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922130057 TIMOTHY P GAGE 2026 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922240016 ARCHIE D SMITH 2029 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922130058 MARY DEE MILLER 2034 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922120026 RONALD P SEIVERT 2044 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922210045 JOSEPH W SAURO 2051 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922210090 LAWRENCE G PRUDEN 2071 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922210089 DONALD A MUCHOW 2081 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922210088 MICHAELA LEVEILLE 2091 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922210039 STANLEY G SOMMERS TRUSTEE 2107 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922210040 LESTER R PETERSON 2115 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922210092 JOAN GLORIA GALLAGHER 2125 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430062 HUE VANG 2180 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430061 GUILLERMO A AGUIRRE CASTRO 2186 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430060 GARY L KRANK 2194 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430059 GEORGE A WHITE 2202 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922340030 BILLEIGH H RISER 2205 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430053 JAMES L POTTER 2210 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430048 JUDY D BAIER 2240 HAZELWOOD STN 4 $21,840.00 $21,840.00 102922340014 MARY JO FREER 2255 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922310085 LINDAACARYE 2291 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922420030 COMMUNITY LIVING PRTNRSPS LLC 2300 HAZELWOOD STN 225.00 $4,050.00 $24,570.00 $28,620.00 102922420029 COMMUNITY LIVING PRTNRSPS LLC 2310 HAZELWOOD STN 170.00 $3,060.00 $18,564.00 $21,624.00 102922310042 FEDERAL NATL MTG ASSN 2321 HAZELWOOD STN 1 $5,460.00 $5,460.00 RESIDENTIAL UNITS COMMERCIAL FRONT FOOTAGE STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT TOTALS = 43 1784.51 $7,110.00 $429,648.49 $436,758.49 TOTAL = $436,758.49 2008 ASSESSMENT RATES: RESIDENTIAL STORM SEWER = $900/UNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $5,460/UNIT COMMERCIAL STORM SEWER = $18/FRONT FOOT COMMERCIAL FULL STREET RECONSTRUCTION = $109.20/FRONT FOOT NOTES: ~ MOST PROPERTIES HAVE ALREADY PAID THIS ONE-TIME ASSESSMENT 1 of 1 J J~~ ~ `T ., ~~ o ~~ENI~~ 'z'-'-' ~ CT cn 1 CON NOR ~`' OR AVE. o g GFRVAIS ~ ~ ci COPE CT. J LARK ° CO. RD. >ND ~ RD. JUNC TION Q AVE. Timber= J ~v 6~ Pork J ~~Q' VF RkF 0 ° ~F,~~ NT LN. ~ p,VE. SKILL ~`P~ VE ~ SH~~ ~ AVE o RYA~r~ AVE. w m Flicek ~ Pork ~ I =I r U 36 v~ z a ~ ~ ° W c~n ~ DEMONT ~ g BROOK AVE. E. Harvest U Pork Q m Four AVE. SPa a SEXTANT ^~ f _ul ~- GRANDVIEW AVE. VIKING DR. 0 w ° Agenda Item K2 ~ Attachment 3 v7 w ED EHILL RD. AVE. m ~ AVE. Q ~~ P g ~~~~ u_ GFRVAIS ///, C SHERREN AVE. ~^~ Knuc~ Head Lake COPE AVE. r ~i °a AVE. AVE. `" ~ _, LARK ° AVE. ~ LAURIE RD. ~ LAURIE aRD. ~ ~ W ~ Q(n~ QDD p ~ Sherwoodz ~ J Q SAND HURST ~ Pork z rn AVE. ~ w W z ~B ~ ~ CO. RD. E 0 ~ BURKE AVE. ~ 0 BURKE AVE. CIR ~ m ~ ELDR IDGE AVE. ,john Glenn 64 65 i~ BELMON LN. °o ~`~ GgTEWAy 0 ~ SKILLMAN AVE. J HARRIS AVE. ROSEWOOD AVE. N ~ Robinhood ~, ROSEWOOD U Park R AN AV. ~ AVE. S ~ i z Q~ J~• P, ,R ST^ ~ AVE. ~ N ~ ~ ~ ~~ ~'~ P:\WORKS\AGENDA\LOCATION MAPS / v~ \'~ H ~~~ CC G J tl H ~ ~ ~ c~ W ~ J = Q o- U z > B unity ~ ~R Q City Holl / no scare HAZELWOOD STREET IMPROVEMENTS FROST AVE. TO COPE AVE. C.P. 07-25 Agenda Item K2 Attachment 4 .~. ~ .. rasa o assesse arcel ,_ ~ u~, ~~~~,.~ ~ ~v e ~~ ~~-~~ roe identification number: ®® ~~ 2 digit numer)® Do you wish to address the city council tonight? ^ ^ Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. LJ Deferral of assessment b. 0~ Senior citizen deferment (over 65 years of age) c. ^ Cancellation of assessment d. ^ Revision of assessment Reason for the request: f`1 e~ .~ a a ,. ®ddk-ass of rope weer ~ - i °i°elephone Agenda Item K2 Attachment 4 r ~ 1 n _ ~ ~ pp _. i _ _ ®- ~ _1 _. sl ~ ~ ~ ~ '~ `~ 'a a _:~ f aesse parcel ~~ ~' ~ ~t ~ ~'~ cn1~~ ~~ ro i entification nu erg (1 digit nu r) o you v~ish o address the city council tonight 1(es No c. anceilatiora of assessment d. ® Revision o assess ent Reason for the request: 6 r sso`_~ ~ ._,, J~ i ~ I one Agenda Item K2 Attachment 4 May 3, 200 To: City of Maplewood Department of Public Works Office of the City Engineer 1902 County Rd B East Maplewood, MN 55109 From: Billeigh Hoage Riser Sr. homestead Property Owner " 30 years plus" 2205 1-lazelwood St. N Maplewood, MN 55109 To whom it may concern: Thank you for your iuldated communication of Notice of Assessment Hearing and Statement of Assessment. As a resident of the city of Maplewood for over three decades I fiilly support the city that has allowed me to raise five children in a clean and safe environment. However, at this time, I am unable to comply with the assessment levied. I am under chapter 13 of the I1.S. Bankruptcy code. The assessment would alter and impair my ability to comply with the terms of the order "confirming the plan". Please see attachments, also the city attorney can confirm this communication by a contact with my counselor at law. Dudley and Smith P.A. Steven C. Opheim Attorney at Law 651-291-1717 "Thank you for your time concerning the matter at hand. Billeigh H. tZiser Sr. i ~ f ~ c~" r'~i c;c Steen C. C}phcizn esp. Agenda Item K2 Attachment 4 6° I ~C - 1° CTS i ddress o assesse arcei ~ g "~- a `' °~ ~ ~ M _ rope i enification nu ber: ®~ ~ (1 digit number)®~ ~o you ~nrish to address the city council tonight`? ^ ^ Yes N o b. ^ Senior citizen deferment (over 65 years of age) c. ^ Cancellation of assessment d. ^ evision of assessment ~ ~ m@ a ti ~ ~ __ ~ i ~ __ ~ - t ~- a e°--° ~~ x - ~ - _, ~ ~ ~ ~ ~~,, ddress of roe caner Zip Telephone Agenda Item K2 Attachment 4 Agenda Item K2 Attachment 4 City of Maplewood I am writrng an behalf of my mother ~°egardrng the assessment for rebuilding Hazelwood Street. The frontage the city is assessing is far residential lot frontage. My mother lives on a combination of two lots, one of which is 6.5 feet below the street level and unbuildable as it currently is. The current assessment seams unreasonable for an unbuildable lot which would cost considerable money to bring up to grade. The real estate tax statement for this property does not show two separate lots but is taxed as one parcel Mother is also 90 years old and living on a fixed income in the house that she and her deceased husband built together. I would like the city to assess the property at 1962 Hazelwood as usable frontage versus total frontage along Hazelwood Street. William M. Carlson for Elizabeth M. Carlson Elizabeth Carlson 651-777-2668 William C~yarlson 612-685-9201 r~~: G?~{~~` Agenda Item K2 Attachment 4 L~ ~~ ~b ~ - ~~ I ~ ~ -,- a r __ it _ v~~~? ~~ Agenda Item K3 AGENDA REPORT TO: Chuck Ahl -- Acting City Manager FROM: Steve Kummer -Civil Engineer I I SUBJECT: Hazelwood Street Improvements, City Project 07-25 Approve Resolution for Adopting No Parking Restrictions DATE: May 30, 2008 INTRODUCTION On May 12, 2008, the council tabled an agenda item concerning the approval of parking restrictions along Hazelwood Street. City staff had received additional requests from Hazelwood Street residents for the construction of on-street parking stalls as part of the Hazelwood Street Improvements between Highway 36 and Frost Avenue. The council will consider adopting parking restrictions along selected sections of Hazelwood Street from Minnesota State Highway 36 to Frost Avenue for the purposes of meeting Mn/DOT State Aid Standards which qualifies the City to receive state aid funds. Background Prior to the May 12, 2008 council meeting, city staff had sent out a letter to residents along Hazelwood Street from Minnesota State Highway 36 to Frost Avenue notifying them of proposed parking restrictions to be installed after the improvements to Hazelwood Street were complete. After the council packet had been published, two residents along Hazelwood Street contacted city staff with requests to revise the on-street parking scheme in front of their properties fronting Hazelwood Street as follows: o Scott Horan, 2034 Hazelwood Street, addressed the council on May 12, 2008 and also spoke with Steve Kummer (city staff engineer) regarding some concerns about the visibility of the DNR Gateway Trail crossing for northbound traffic on Hazelwood Street. The concern is that parked cars may obstruct the view of pedestrians on the trail. Staff Response: City staff believes that extending the parking `bump out' to the south along the frontage of the 2034 property will assist this situation. Because the taper from the parking stall will end up in the middle of the driveway entry of 2026 Hazelwood Street, staff has revised the plans such that the no-parking bump-out in the area of the DNR Trail will start at the property line between 2018 and 2026 Hazelwood Street. o Sandra Karnowski, 2239 Hazelwood Street, contacted staff engineer Steve Kummer noting that she has an existing parking area off the side of the street presently. Staff Response: The Hazelwood Street Improvements plans have been revised to show on- street parking along the Hazelwood Street frontage of 2239 Hazelwood Street. As with the May 12, 2008 agenda item, city staff is recommending that on-street parking along Hazelwood Street be allowed only in designated on-street parking stalls (parking bays) provided where the road width Agenda Item K3 is built to a 34-foot width. City staff recommends that "No Parking" restrictions be enacted for the following lengths of Hazelwood Street: "No Parking" on East Side of Hazelwood Street 1. From Frost Avenue to 300 feet north of Frost Avenue. 2. From 620 feet north of the Frost Avenue intersection to 715 feet north of the Frost Avenue intersection 3. From 1,115 feet north of the Frost Avenue intersection to 1,440 feet north of the Frost Avenue intersection. 4. From 680 feet south of County Road B intersection to County Road B 5. From County Road B north to Minnesota State Highway 36 "No Parkina" on West Side of Hazelwood Street 1. From Frost Avenue intersection to 80 feet north of County Road B intersection. 2. From 70 feet south of Sandhurst Avenue intersection to 80 feet north of Sandhurst Avenue Intersection. 3. From 50 feet south of Laurie Road intersection to 160 feet north of Laurie Road intersection. 4. From 160 feet north of Laurie Road intersection to Minnesota State Highway 36. Due to the design and funding requirements set on state aid projects, "No Parking" restrictions must be set by council resolution. The proposed parking layout has been part of the design and was provided at the neighborhood plan review open house on March 18, 2008 and revised as requested by residents who had requested that the proposed parking scheme be revised in front of their respective properties. RECOMMENDATION Staff recommends that the city council approve the attached resolution setting "No Parking" restrictions along Hazelwood Street between Highway 36 and Frost Avenue as part of City Project 07-25. Attachments: 1. Resolution: Adoption of No Parking Restrictions 2. Location Map Agenda Item K3 Attachment 1 RESOLUTION HAZELWOOD STREET - "NO PARKING" RESTRICTIONS WHEREAS, the City Council approved the preparation of plans and specifications for the Hazelwood Street Improvements, City Project 07-25, in February 2008, and WHEREAS, the city will be expending Municipal State Aid funds on the improvement of Hazelwood Street between Minnesota Highway 36 and Frost Avenue; and WHEREAS, segments of said improvement do not conform to the approved State Aid standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on the east and west sides of Hazelwood Street from Minnesota State Trunk Highway 36 to Frost Avenue in the following sections: "No Parking" on East Side of Hazelwood Street 1. From Frost Avenue to 300 feet north of Frost Avenue. 2. From 620 feet north of the Frost Avenue intersection to 715 feet north of the Frost Avenue intersection 3. From 1,115 feet north of the Frost Avenue intersection to 1,440 feet north of the Frost Avenue intersection. 4. From 680 feet south of County Road B intersection to County Road B 5. From County Road B north to Minnesota State Highway 36 "No Parking" on West Side of Hazelwood Street 1. From Frost Avenue intersection to 80 feet north of County Road B intersection. 2. From 70 feet south of Sandhurst Avenue intersection to 80 feet north of Sandhurst Avenue Intersection. 3. From 50 feet south of Laurie Road intersection to 160 feet north of Laurie Road intersection. 4. From 160 feet north of Laurie Road intersection to Minnesota State Highway 36. Adopted by the council on this 9t" day of June, 2008. J J~~ ~ `T ., ~~ o ~~ENI~~ 'z'-'-' ~ CT cn 1 CON NOR ~`' OR AVE. o g GFRVAIS ~ ~ ci COPE CT. J LARK ° CO. RD. >ND ~ RD. JUNC TION Q AVE. Timber= J ~v 6~ Pork J ~~Q' VF RkF 0 ° ~F,~~ NT LN. ~ p,VE. SKILL ~`P~ VE ~ SH~~ ~ AVE o RYA~r~ AVE. w m Flicek ~ Pork ~ I =I r U 36 v~ z a ~ ~ ° W c~n ~ DEMONT ~ g BROOK AVE. E. Harvest U Pork Q m Four AVE. SPa a SEXTANT ^~ f _ul ~- GRANDVIEW AVE. VIKING DR. 0 w ° Agenda Item K3 ~ Attachment 2 v7 w ED EHILL RD. AVE. m ~ AVE. Q ~~ P g ~~~~ u_ GFRVAIS ///, C SHERREN AVE. ~^~ Knuc~ Head Lake COPE AVE. r ~i °a AVE. AVE. `" ~ _, LARK ° AVE. ~ LAURIE RD. ~ LAURIE aRD. ~ ~ W ~ Q(n~ QDD p ~ Sherwoodz ~ J Q SAND HURST ~ Pork z rn AVE. ~ w W z ~B ~ ~ CO. RD. E 0 ~ BURKE AVE. ~ 0 BURKE AVE. CIR ~ m ~ ELDR IDGE AVE. ,john Glenn 64 65 i~ BELMON LN. °o ~`~ GgTEWAy 0 ~ SKILLMAN AVE. J HARRIS AVE. ROSEWOOD AVE. N ~ Robinhood ~, ROSEWOOD U Park R AN AV. ~ AVE. S ~ i z Q~ J~• P, ,R ST^ ~ AVE. ~ N ~ ~ ~ ~~ ~'~ P:\WORKS\AGENDA\LOCATION MAPS / v~ \'~ H ~~~ CC G J tl H ~ ~ ~ c~ W ~ J = Q o- U z > B unity ~ ~R Q City Holl / no scare HAZELWOOD STREET IMPROVEMENTS FROST AVE. TO COPE AVE. C.P. 07-25 Agenda Item K4 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Crestview Forest Improvements (Deer Ridge Lane), Project 06-21 1. Report on Cost of Work Done by Day Labor 2. Resolution for Approval of Easements and Accepting Street as Public DATE: May 29, 2008 INTRODUCTION Improvements within the Crestview Forest Neighborhood (Deer Ridge Lane) have been completed. The council will review the report of costs associated with fixing the water system, restoring the pond outlet erosion problem, and formalizing a public roadway and utility easement. The council will consider approving the easement documents and accept work and formally accept Deer Ridge Lane as a public street. Background The improvements to the private street, Deer Ridge Lane, were initiated in response to a resident petition. The residents, part of two homeowner associations, wanted Deer Ridge Lane to be taken over by the city as a publicly maintained street. The council ordered preparation of a feasibility study at the September 25, 2006 meeting and subsequently on June 25, 2007 accepted the study and ordered the public hearing. The council ordered the project after the public hearing was conducted on July 9, 2007. On August 16, 2007 (an extension of the August 13, 2007 meeting) the council approved plans and specs and ordered the assessment hearing. The assessment hearing was held on September 10, 2007, and the properties fronting Deer Ridge Lane were assessed for 100°/0 of the project costs to bring Deer Ridge Lane up to a standard for acceptance as a public street. Both homeowner associations paid the full assessment amount of $24,954 to the city on behalf of their residents within 30 days after the hearing. The improvements included removing brush, re-grading of a drainage outlet ditch near the pond, erosion control stabilization with fabric and rip rap, drafting and recording of a public right-of-way easement, and water utility upgrades by SPRWS. The public roadway easements have been signed by the association representatives, but still need city signatures of the Mayor and City Clerk. SPRWS is adopting a revised agreement with the townhome associations that conveys the water system to SPRWS from its current designation as "private" since the roadway would be public per the easement documents. Since the total improvement amount was under $25,000, as detailed in the feasibility study, the city utilized Day Labor to make the improvements. Typically for developer driven projects the assessment occurs after actual costs have been determined but the Local Improvement Guidelines suggested that the assessment hearing be held prior to petitioning the council to authorize Day Labor in order to secure funding. Budget Impact There would be no impact on the approved budget based upon the recommendation below. The work done by day labor is currently less than the approved amount of $24,954. A. Street Department Materials: Fabric, rip rap, hot/cold mix, seed & fertilizer: $647.86 B. Street Department Day Labor 2007: $776.32 (32 labor hours) C. Saint Paul Regional Water Services: Water Utility Upgrades: $2,498.81 D. Public Roadway & Utility Easement: Survey, Description, Recording : $6,877.35 E. Project Management and Design: Staff coordination with association representatives, SPRWS, and consultant. Engineering staff time for carrying project through the public improvement process, televising, drafting construction plans, and acceptance: $11,017.35. Agenda Item K4 The total expenditures to date are $21,817.69, with revenues from special assessments of $24,954.00. There is currently a $3,136.31 surplus. All unused revenues should be returned to the homeowners associations. RECOMMENDATION It is recommend that the city council approve the attached report on cost of work done by day labor, and also approve the resolution for signing of easement documents and accepting Deer Ridge Lane as a public street, signifying acceptance of work. Attachments: 1. Report on Cost of Work Done by Day Labor 2. Resolution Approving Easements and Accepting Deer Ridge Lane as Public 3. Easement Documents Agenda Item K4 Attachment 1 REPORT ON COST OF WORK DONE BY DAY LABOR TO THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: As the registered engineer in charge, I hereby certify that the improvements for the Crestview Forest (Deer Ridge Lane) City Project 06-21 has been completed according to the plans and specifications approved by the council on August 13t", 2007 and that the complete cost of the work is currently $21,817.69, itemized as follows: A. Materials: Fabric, rip rap, hot/cold mix, seed & fertilizer: $ 647.86 B. Public Works Street Department Day Labor 2007: $ 776.32 C. Saint Paul Regional Water Services: $ 2,498.81 D. Public Roadway & Utility Easement: $ 6,877.35 E. Project Management & Design $ 11,017.35 I further specify that there were no deviations from the plans and specifications for the work completed. Michael W. Thompson, P.E. Maplewood Assistant City Engineer Reg. No. 45641 Agenda Item K4 Attachment 2 RESOLUTION ACCEPTING WORK APPROVAL OF EASEMENTS AND ACCEPTING DEER RIDGE LANE AS A PUBLIC STREET WHEREAS, pursuant to resolution passed by the city council on July 9t", 2007, ordering the public improvement of the Crestview Forest (Deer Ridge Lane) City Project 06-21, City Staff has satisfactorily completed the improvement in accordance with the approved plans and specifications, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that 1. The work completed under said contract is hereby accepted and approved 2. All unused revenues shall be refunded to the homeowners associations namely Crestview Town Home Owners Association, Inc. and Crestview Forest II Homeowners Association 3. The Mayor and City Clerk are hereby authorized to sign the public roadway easements signifying council approval, and, BE IT FURTHER RESOLVED that the City Council accepts Deer Ridge Lane (between Crestview Forest Drive and Crestview Forest Drive) as a public street and the City shall provide all maintenance and repairs of the roadway, storm sewer, and sanitary sewer utilities, as is the current practice for public streets within the City of Maplewood. Approved this 9th Day of June, 2008. Agenda Item K4 Attachment 3 Project: 06-21 Space Reserved for Recording Data) EASEM>/NT THIS INDENTURE is made this r ~ / / ~ day of r..J~~'/~'h'.+~' i'~ , 2008, by Crestview Forest Town Hoinc dw,?e~rs Association, Inc., a blinncsota nonprofit corporation, Grantor, and the City of Maplewood, Minnesota, a Minnesota municipal corporation, Grantee. Grantor hereby conveys and grants to its successors and assigns, a perpetual casement for public roadv~ay and utility purposes in, over, under, and across the following described property in Ramsey County, Nlinucsota: A perpetual easement for public roadway and utility purposes over, under and across that part of Outlot A, CRESTVIEW FOREST 4TH ADDITION, Ramsey County, Minnesota, according to the recorded plat thereof, described as follows: Cmnmencing at the northeast corner of said Outlot A, CRESTVIEW FOREST 4TH ADDITION; thence on an assumed bearing of West, along the northerly lice of said Outlot A, a distance of li 1.58 feet to the point of beginning of the easement to be described; thence ou a bearing of South a distance of 156.69 feet; thence South 23 degrees 34 minutes 08 seconds West a distance of 119.74 feet; thence South 32 dogs ecs 39 minutes 30 seconds Wcst a distance of 133.62 feet; thence North 55 degrees 38 minutes 21 seconds West a distance of 113.20 feet; thence North 18 degrees 02 minutes 28 seconds West a distance of 141-18 feet; thence North 60 degrees 32 rniuutes 12 seconds Wcst a distance of 229.43 feet to the westerly tine of said Outlot A; thence North 13 degrees 57 minutes 29 seconds West, along said westerly line, a distance of ] 2.82 feet; thence North 45 degrees 00 minutes 00 seconds East, along said westerly line. a distance of 33.00 feet; thence northeasterly 4.04 feet, along said westerly line, and along a tangential curve, concave to the northwest, having a radius of 395.00 feet and a central angle of 00 degrees 35 nunutes 08 seconds; thence South 60 degrees 32 minutes 12 seconds East, and not tangent to last described emve, a distance of 172.86 feet; thence South 69 degrees 31 minutes 15 seconds East a distance of 28.52 feet; thence South 87 degrees 23 minutes 29 seconds East a distance of 12.11 feet; thence North 69 degrees 42 minutes 16 seconds East a distance of 34.23 feet; thence North 20 degrees 00 minutes 00 seconds West a distance of 9.83 feet to the most southerly corner of Lot I, Block 2, CRESTVIEW FOREST 3RD ADDITION, according to the recorded plat thereof; thence North 70 degrees 00 miuutes 00 seeouds East, along the southeasterly line of said Lot 1 and the southeasterly lines of Lots 1, 2 and 3, Block 1, of said CRESTVIEW FOREST 4TH ADDITION, a distance o f 135-(10 Feei to the most easterly corner of said Lot 3; thence South 20 degrees 00 minutes 00 seconds Bast a distance of 9.13 feet; thence North 64 degrees 42 minutes 16 seconds East a distance of 29.58 feet; thence on a bearing of North a distance of 39.31 feet, thence ou a bearing of East a distance of 12.03 feet; thence on a bearing of North a distance of 21.31 feet PdPLS-W~rd 175721.4 Agenda Item K4 Attachment 3 to the northerly line of said Outlot A; thence South 68 degrees 30 minutes 00 seconds East, along said northerly line, a distance of 12.88 feet; thence on a bearing of East, along said northerly line, a distance of 34.02 feet to the point of beginning. EXCEPT that part of said Outlot A, CRESTVIEW FOREST 4TH ADDITION dcscribcd as follows: Commencing at the northeast corner of said Outlot A, CRESTVIF.W FOREST 4TH ADDITION; thence on a bearing of West, along the northerly line of said Outlot A a distance of 131.58 feet; thence on a bearing of South a distance of 107.19 feet; thence on a bearing of West a distance of 50.00 feet to the point of beghming; thence on a bearing of South a distance of 45.56 feet; thence South 13 dee ees 52 minutes 53 seconds \\/est a distance of 44.01 feet; thence South 23 degrees 34 minutes 08 seconds West a distance of 56.80 feet; thence South 32 degrees 39 minutes 30 seconds W est a distance of 81.23 feet; thence North 55 degrees 38 rninutes 21 seconds West a distance of 67.52 feet, thence North 71 degrees 57 minutes 32 seconds East a distance of 13.01 feet; thence North 18 degrees 02 minutes 28 seconds West a distance oi~ 20.00 feet; thence South 71 degrees 57 manrtcs 32 seconds West a distance of 13.62 feet; thence North 18 degrees 02 minutes 28 seconds West a distance of 85.68 feet; thence northwesterly, northerly and northeasterly 30.63 feet along a tangential curve, concave to the southeast, having a radius of 20.00 feet and a central angle of 87 degrees 44 minutes 43 seconds: thence North 69 degrees 42 minutes 16 seconds East, and tangent to said curve, a distance of 150.81 feet; thence South 61 degrees 13 minutes 09 seconds East a distance of 14.41 feet to the point of beginning. Said casement shall include the perpetual right of Grantee to freely enter in, upon, over. under, and across the real property hereinbeforc dcscribcd, together with a perpetual easement for ingress and egress, all without additiana9 compensation. The use of said easement by Grantee shall be limited to the maintenance, repair, replacemen_, and installation of the roadway and utilities, and of all improvements, apparahis, cquiprncnt, and other items related to lush roadway and utilities (including, but not limited to, curbing, gutters, sidewalks, piping, and fittingsj, and for -' undertakings necessary to accomplish such maintenance, repair, and replaccrmcnt. Grantee shall conduct its activit ,_ such mamler as will cause the least injury to the trees, landscaping, and grounds affected by its activities as is rea: possible, and shall replace and restore the surface of t11e ground and all landscaping affected by its activities to as :: ~.:: _ same condition as existedprior to Grantee's actions. Grantee has the perpetual obligation to perform all such mainter ncc, repair, replacement, and installation until such time as said easement is terminated raider the procedures set forth he1~r ~ ~,. Grantor further agrees not to place any permanent structure upon or near said perpehral easement or do a: that will tend to interfere with the operation or maintenance of said perpetual easement, without first securing the ,. approval of Grantee. Grantee shall, to the extent allowed by law, indemnify, defend, and hold harmless Grantor, r :_ Grantor's successors, assigns, officers, directors, and members, from and against all claims. causes of action, iiai~ilfies, damages, ot- expenses (including, but not limited to, attorney's Fees, and costs incurred by Grantor, or Grantor's o(~licer, directors, and members), and a mechanic's liens arising out of or relating in any way to the acts or omissions oC(n ^ttee, ar Grantee's agents, employees, or contractors with regard to the maintenance, repair, replacement, or installation rc erred to in This document. Said easement, and the obligations set forth herein, maybe terminated or modified only by a written instru,°netat executed by Grantor and Grantee and recorded in the office of the County Recorder in and for, Ramsey County, Minnesota. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances there unto belonging, or in anyway appertaining, to Grantee, its successors and assigns, forever. below. IN WITNESS WHEREOF, Grantor and Grantee have executed this instrument on the day(s) and year set ficrtl? MPLS-Word 1757214 Agenda Item K4 Attachment 3 Exempt from Deed Tax per MSA 287.22F STATE OF MINNESOTA ) ss. COUNTY OF ~r~y+i w~ ) U CRBSTVIEW FOREST TOWN HOME OWNERS ASSOCIATION, INC. r~ ~ '~ ` f ~ By. - ~....- ~~ Its: Presidcnt ~° This instrument was aclrnowledged before me on ~"i' day of ~ , 2068, f3}~ C~?'.c;r?riS L> y (~~~ ~ ~' $ ~ fi ,the President of Crestview Forest T-w I i u O .~ners Association, Inc., a Minnesota nonprofit corporation, on behalf of said corporation. <' " ~q~.. ~~ ~ ~ ~~ -_ r~atu~ ofpera n t~f,i;1g acknowledgment 1't , :~ ~ < SSA STATE OF MINNESOTA ) S5. COUNTY OF ) CITY OF MAPLEWOOD, MINNESOTA By: Its: Mayor By: its: City Clerk This instrument was acknowledged before the on day of 2G08, by and .the Mayor and City Clerfe, respectively, of the City of Maplewood, a Minnesota municipal corporation, on behalf of said corporation. ~ Notarial Stamp or Seal I I i Signahire of person taking acknowledgment RETURN TO: ~ Document prepared by: Public Works Department 1902 County Road B Last City of Maplewood Maplewood Minnesota 5~ 1.09 Maplewood Public Works 1902 County Road B East Maplewood, Minnesota 55109 P.4PLS-Word 175721.4 3 Agenda Item K4 Attachment 3 & DESCRIPTION -for- KIMLEY-HORN AND ASSOCIATES, INC. & THE CITY OF MAPLEWOOD, MN LEGEND Hof- PROPOSED ROADWAY AND UTILITY EASEMENTS IN CRESTVIEW FOREST 4TH AND 6TH AD DITIONS ~ o`~~, ; M`„~",E,~p ~,µ,,y_ owe,, h~,E ,~,~ , p,/5~ ® ~w ~ :SRS s,eo ra~B s~e -~_, xoTES ---- . --_ ; ; - .one .hew, hr ry.,~,b. , .raen„ o , ~,. hr. e, ream - -- - --- I ~~~ --T--T--T--, ,: -- 3,n9. - - - - - ~--T--T--T--- ~m~ . h~ ~~ ,. ro o~e F p r «, en r 9 nd ~~~ ; . q ~, ~~ . ~~ -_ - ~_ ;~~, _ -- - - - ._ I ~ f I __ ___ __ ~ ~ ~~ ~ ~ i I, ~ 1 tROPOSED EflSEMENT DESCRIPTIONS: :, ~ "; . r ~ ~ ~ ., , :,, r ~~ ~ ~ t - -- ; - i-------- i ~ ----- ~- -'=, ~, < a, ,o,.m,~r ,e. ,~„~,oaewoy a~, ~r r er , ~aFS>"Er, DES, s,„ ,w pep y ~y ~w~ o, ~ osrmm' R ' ~ " - ~ ~ .: ~ ~~ ~ - ~ ~ ~ ~i i ~~ -- ~ , ~ --- ~ t ~ Iw .~ o ~, r ad 31.ee „nr ro ~ , rat e, r e p ,~: F ;:, i °------f , ~-- - ,. 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R~ -_-__ _ B ~ i _ n 11 ~ ~ 1 ,I P I I a . ~~ ----" erg nd ~ .. aree~ er V 11 ,= - 9 vl ~ I dspn 3 ~'r 1 ~ 1 - ,- I 1~/ I 1a a uZ fee ~L _ ~1 '\ ~~ ~ `\ - I y ~ - I ~ I aeconas cost o ` \. 1 ' ~ ~ 1 rh I b or ro a pcn o og nn g ~ 0111 ~ \11 1 -_ - _ J 1 /( _. _" _ II I I I Yereby c at this survey, plan c,til> f~ a~ report wos n d by me or vude~ P'.pare my direct supelwslon antl Mar I am o duly Reyu-lered Lvnd Su,reyer under the row.a of the Sfote o/ Minnesote. ~~..Q r2..~ ~~ 1 r1 1 1 _ 580 ,a'.~A'w ' I 1 I i -• ~ ' ___. __ -------~~ --------- -~ eul.32 o~re:.1~!~4~0~ cm,:ns~n Me. zss+.a VICINITY MAP . ,~ E 9n m.e ~d -a' .. _.. _ ~ ~, ..- ~~ n, o ~,~r _,, - -- 4H Y iC SLAL5' Y ~. ..~ RDD 8~ SONS, INC. ~y w~-,.-.~--~.L ~~ ~' Professional Land Surveyors - _ y µ e„„ b77b Lake Drive NE, SVite 110 mariewooo,Mrr "~'~`"~`~ Hww 9 Lino Lakes, MN 55014 tel. (651)361-8308 Fax [651)361 -8]Bl Agenda Item K4 Attachment 3 (Above Space Reserved for Recording Data) ae`~rCl~eGl: VV Li EASEMENT THIS INDENTURE is made this ~ day of ~~~~~,~- 008, by Crestview Forest II Horrteowrrers Association; a Minnesota nonprofit corporation, Grantor, and the City of Maplewood, Minnesota, a Minnesota municipal corporation, Grantee. Grantor hereby conveys and grants to its successors and assigns, a perpehtal easement for public roadway and utility purposes in, over, under, and across the following described property in Ramsey County, Minnesota: A 57.00 foot perpetual easement for public roadway and utility pwposes over, under and across Outlat A, CRESTVIEW FOREST 6TH ADDITION, Ramsey County, Minnesota, according to the recorded plat thereof. Said perpetual easement being 26.00 feet to the left and 31.00 feet to the right of the following described line: Commencing at the southeast confer of said Outlot A, CRESTVIEW FOREST 6TH ADDiTTON; the~tce on an assumed bearing of West, along the southerly line of said Outlot A, a distance of 151.58 feet to the point of beginning of the line to be described; thence on a bearing of North a distance of 341.10 feat; thence northerly, northwesterly and westerly 70.69 feet along a tangential curvc, concave to the southwest, having a radius of 45.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence ort a bearing of Wes± and tangent to said e~~rve 255.97 feet to the westerly line of said Outt_ot A. and sand line there terminating. Said easement shall include the perpetual right of Grantee to freely enter in, upon, over, under, and across the s-e-` property hereinbefore described, together with a perpetual easement for ntgress and egress, all without additi r compensation. The use of said easement by Grantee shall be limited to the maintenance, repair, replacement, and inst an of the roadway and utilities, and of all improvements, apparatus, equipment, and other items related to such roadway utilities (including, but not limited to, curbhig, gutters, sidewalks, piping, and fittings), acid for all undertakntgs recess; y accomplish such maintenance, repair, and replacement. Grantee shall conduct its activities in such manner as will cau~ least injury to the trees, landscaping, and grounds affected by its activities as is reasonably possible, and shall rel ace ar " restore the surface of the ground and all landscaping affected by its activities to as near the same condition as existed r' r Grantee's actions. Grantee has the perpetual obligation to perform all such maintenance, repair, replacer installation until such time as said easement is terninated under the procedures set forth herein. Grantor further agrees not to place any permanent structure upon or near said perpetual easement or do anything tlaa9: will tend to interferes with the operation or maintenance of said perpetual easement, without first securing the wr-ittera approval of Grantee. Grantee shall, to the extent allowed by law, indenmify, defend, and hold harmless Grantor, std Grantor's successors, assigns, officers, directors, and members, from and against all claims, causes of action, l' bii damages, or expenses (including, but not limited to, attorney's fees, and costs incurred by Grantor, or Grantor's e ~`c a, directors, and members), and a mechanic's liens arising out of or relating in any way to the acts or omissions of Grantee, - r Grantee's agents, employees, or contractors with regard to the maintenance, repair, replacement, or installation referred to an this document. laid easement, and the obligations set forth herein, may be terminated or modified only by a written irastnimeaat executed by Grantor and Grantee and recorded in the office of the County Recorder in and for, Ramsey County, Mirulesota. Z'O HAVE AND TO HOLD T1IE SAME, together with all the hereditaments and appurtenances there unto belonging, or in anyway appertaining, to Grantee; its successors and assigns, forever. 1N WITNESS WHEREOF, Grantor and Grantee have executed this instrument on the day(s) and year set forth below. Exempt from Deed Tax per MSA 287.22F CRESTVIEW FOREST ii HOMEOWI~~@t~da Item K4 ASSOCIATION Attachment 3 F.~ ~~ ~ ~ , ~ ~ G l ~ ~ ~' Its: Pr~sid t S"I`ATE OF MINNESOTA ) ss. COUNTY OF ~~ _ ~ - ) This instrument was acknowledged before me on ~~-'-D-day of ~'G°~~~cx-f~- X008, by~ ,~ ;~~ r1,z, ,~ t°T ,the President of Crestview Forest II Homeowners Associati n, a Minnesota nonprofit corporation, on be~ralf of said corporation. 9 "`~ KPiTN6iYN A. FHILLIPPI =.~,T * 9uC3TARYPUB~IC-MINN£50TA s ;. ~ :• ~ Mty Carrxnissiarr Expires J®x.39, 2070 €~: ~.~ STATE OF MINNESOTA ) ss, CJUNI'Y OF ) ~~ ,,,i . ~- Signature of~~rson taking aclrnowledglner7+. City of Maplewood, Minnesota By: _ Its: Mayor By: Its: City Clerk This instrument was acknowledged before me on day of 2008, by and ,the Mayor and City Clerk, respectively, of the City of Maplewood, a Minnesota municipal corporation, on behalf of said corporation. ~ Notarial Staznp or Seal i Signahrre of person taking acknowledgment RETURN TO: Document prepared by: City of Maplewood Maplewood Public Works 1902 County Road B East i~'Iaplewood, 1Vlinnesota 55109 Public Works Department l 902 Comity Road B East Maplewood Minnesota 55109 Tax statemenCs for the real property described in this instnrment should be sent to: City Clerk, City of Maplewood ].830 Co. Rd. B. E., Maplewood, MN 55109-2702 Agenda Item K4 Attachment 3 ~:=' ~m ~ DESCRIPTION ~r- 9CIMLEY-HORN AND ASSOCIATES, INC. & THE CITY OF MAPLEWOOD, MN EEGENO ^~of~ PROPOSED ROADWAY AND UTILITY EASEMENTS IN -- CRESTVIEW FOREST 4TH AND 6TH ADDITIONS `~""' °"`~' ~"'"' ~ ~~J~s,,~,~N"w 6"ems ~.,_ ~"~~ (~ , 6dPa s,oP cw",E" _~~. , NOTES ~d~~o~ o~ ..«,o~ a, a ~rc~. ~,~~~ v ~»~ ~,,,~,,, 0,.60. ~~ ~.°"z„o'~, 9. ~~,,.. w,.~. c.iiv.. i~w. .ae~ •~. ~a ~a~ole P P o ecaemm~. an Thal gra~ne. PROPOSE® EASEMENT OESGRIPiIONS: ea> >nc ~a . _ ~ '"moo.; 9 `" i`~~ 1 d' J9S z r r r ,o ,~,~ ~~.o o uo ". <ec ruew oaYr rx,aor,>ti a„~,~~e t aHl 54e o~t~x ti~Ly ii undor s!perNi on and ttl duly ReE`sf ~atl Caitl Svrrcy~r uneer tM1e . ., <ptofe c! NMne_ota. J~ N A. RENCO ~/ ,o i - a- ~e,,~e Na. zssa, j1B1 Profe3sional Land Surveyors ~~~~`~"~`°~ ibl'ya:obLakes, MN 5501a Ite 110 Tel. (651)361-8200 Fox (651)361-BJOI ~' ~ F~ :y~ o d',~dar ~"n .,-a I ....... 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I I-° i _: I I i 11~ - __.__I I ~ - I I ; F II F -- -1 - ------- 'm I i - I_' i I I I - --- ' ~. - --- I r -, ,a -~!-... `,1 $` ~ r wT`" -~= / ~I i A _ 1 ~ I ~ .: ~~~ , , ~ ~ ~ -- . zl f \ ~ _e~ c ~1 'l 1` 4 ~" ~1 ~ x~ 1 (1 ~~ i/ ~~ ) 1\ \ 1. 1 ~ ~ ~ ~, 11\ ` 1 d ~J{ \> C X11 - '1 ~~"' v i 1 1 L__________________________ VICINITY MAP (NO SCI.LE) 1 __, - t.. -. i -. - '~; MAPLEWOOD, MN . ~li i~ 1 1 i y i~, i '/ is ii ~ ~~~ ~~ ii I ~[!. _ ~~~ gym, ~ a ( i Memorandum To: Chuck Ahl, Acting City Manager From: Bob Mittet, Finance Director Date: June 4, 2008 Re: Resolution Accepting Proposal on the Competitive Negotiated Sale of $9,970,000 General Obligation Bonds, Series 2008A, Providing for their Issuance, Pledging Special Assessments for the Security Thereof and Levying a Tax for the Payment Thereof Agenda No. K-5 At the Regular City Council meeting held on May 12, 2008, preliminary approval for the issuance of $9,970,000 of General Obligation Improvement Bonds, Series 2008A. The attached resolution is provided with blank fields. Those blanks will be completed after bids are received on Monday, June 9, 2008. Staff recommends approval of the attached resolution which will: 1. Accept the bid proposal, 2. Set the bond terms, 3. Provide for their issuance, 4. Pledge Special Assessments for the Security Thereof, and, 5. Provide for the Levying of a Tax for Payment Thereof. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: June 9, 2008 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 9, 2008, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $9,970,000 General Obligation Bonds, Series 2008A. The following members were present: and the following were absent: In accordance with the resolution adopted by the City Council on May 15, 2008, the City Clerk presented proposals on $9,970,000 General Obligation Bonds, Series 2008A, which were received and tabulated at the offices of Springsted Incorporated on this same day: Bidder Interest Rate True Interest Cost SEE ATTACHED The Council then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITNE NEGOTIATED SALE OF $9,970,000 GENERAL OBLIGATION BONDS, SERIES 2008A, PROVIDING FOR THEIR ISSUANCE, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $9,970,000 General Obligation Bonds, Series 2008A (the "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapters 475 and 429 to finance various street improvements within the City (the "Street Improvements") and pursuant to Minnesota Statutes, Chapters 475 and 162 to finance the costs associated with State-Aid street projects, (the "State-Aid Improvements" and, together with the "Street Improvements", the "Improvements"); and B. WHEREAS, the Street Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, the State-Aid Improvements and all their components have been ordered prior to the date hereof, and have been or will be constructed by the City under contracts which the City has or will let, all pursuant to and in accordance with the applicable provisions of Minnesota Statutes, Chapter 162; and D. 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 (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ ,plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser. The Clerk is directed to retain the deposit of the Purchaser and to return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Ori,~inal Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated July 1, 2008, as the date of original issue and 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 April 1 in the years and amounts as follows: Year Amount Year Amount 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 As may be requested by the Purchaser, one or more term Bonds maybe 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 $ maturing in each of the years and amounts hereinafter set forth are issued to finance the Street Improvements (the "Improvement Portion"); and the aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the State-Aid Improvements (the "State-Aid Portion"): 2181713x1 Improvement Portion State-Aid Portion Year (Amount) (Amount) Total Amount 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 If 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 maybe allocated to either or both 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 and taxes levied for the Improvements, the prepayment shall be allocated to the Improvement Portion of debt service. If the source of a prepayment is moneys allotted to the City from its account in the Municipal State-Aid Street Fund, the prepayment shall be allocated to the State-Aid Portion of debt service. (c) Book Entry Only, sue. 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"). 2181713x1 (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 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 betaken 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 hereof, 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 maybe, 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 2181713x1 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 betaken 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 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 as provided in paragraph 5, 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 maybe 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 2181713x1 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 (d) 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. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. The average annual amount of principal and interest due in all subsequent calendar years on the State-Aid Portion of the Bonds and on all other bonds payable from the City's account in the Municipal State-Aid Street Fund ($ )does not exceed 90% of the amount of the last annual allotment preceding the issuance of the State-Aid Portion of the Bonds received by the City from the Construction Account of the Municipal State-Aid Street Fund ($ ). 4. Interest. The Bonds shall bear interest payable semiannually on April 1 and October 1 of each year (each, an "Interest Payment Date"), commencing October 1, 2009, 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: Maturi . Year Interest Rate 2010 2011 2012 2013 2014 2015 2016 2017 Maturi . Year Interest Rate 2018 2019 2020 2021 2022 2023 2024 5. Redemption. All Bonds maturing on April 1, 2019 and thereafter, shall be subject to redemption and prepayment at the option of the City on April 1, 2018, and on any date thereafter at a price of par plus accrued interest. Redemption maybe in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be 2181713x1 prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the stated redemption date. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Re isg tray. , in , 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 asuccessor- 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: 2181713x1 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- GENERAL OBLIGATION BOND, SERIES 2008A Interest Rate Maturity Date Date of Original Issue CUSIP April 1, July 1, 2008 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, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on April 1 and October 1 of each year (each, an "Interest Payment Date"), commencing October 1, 2009, 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 , in ,Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (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 2181713x1 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. Redemption. All Bonds of this issue (the "Bonds") maturing on April 1, 2019, and thereafter, are subject to redemption and prepayment at the option of the Issuer on April 1, 2018, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the stated redemption date. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obli ag tion. This Bond is one of an issue in the total principal amount of $9,970,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, 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 9, 2008 (the "Resolution"), for the purpose of providing money to finance various street improvement projects and or/otherwise improving municipal State-Aid streets within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2008A Fund of the Issuer. 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 2181713x1 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 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 (except as otherwise provided herein with respect to the Record Date) 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. Qualified Tax Exempt Obli atg ions. The Bonds have been designated by the Issuer as "qualified tax exempt obligations" 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. 2181713x1 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: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registrar By: Minnesota, Authorized Signature Registrable by: Payable at: CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/Facsimile Mayor /s/Facsimile Clerk 2181713x1 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 (Gust) under the (Minor) Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto and does hereby irrevocably constitute and appoint Bond on the books kept for the registration thereof, premises. Dated: the within Bond attorney to transfer the with full power of substitution in the 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: (Include information for all joint owners if the Bond is held by joint account.) 2181713x1 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date Amount Authorized signature of Holder 2181713x1 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and 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, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal maybe omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either officer, the Bonds maybe signed by the manual or facsimile signature of that 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. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as maybe necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds maybe executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 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 the 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, which date is July 1, 2008. 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 maybe 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 2181713x1 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. 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 the Holder's 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. Ri hg is 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. 2181713x1 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance and Administration Manager 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 has heretofore been created a capital projects fund designated the "Public Improvement Projects Fund" held and administered by the Finance and Administration Manager separate and apart from all other funds of the City. The Public Improvement Projects Fund shall continue to be maintained in the manner heretofore specified. In the Public Improvement Projects Fund there shall be created and maintained separate construction accounts (the "Construction Accounts") for each improvement financed by this bond issue. To the Construction Accounts there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less capitalized interest and less any amount paid for the Bonds in excess of the minimum bid, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Accounts there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Accounts, the balance (other than any special assessments) may be transferred by the City Council to the accounts of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Accounts shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. There is hereby created a debt service fund to be designated the General Obligation Improvement Bonds, Series 2007A Fund (the "Debt Service Fund") to be administered and maintained by the Finance and Administration Manager as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Debt Service Fund shall be maintained in the manner herein specified until all of the Improvement Portion of the Bonds and the interest thereon have been fully paid. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Fund: (a) all collections of special assessments herein covenanted to be levied with respect to the Street Improvements and either initially credited to the Construction Accounts and not already spent as permitted above and required to pay any principal and interest due on the Improvement Portion of the Bonds or collected subsequent to the completion of the Street Improvements and payment of the costs thereof; (b) a pro rata share of all accrued interest; (c) a pro rata share of all funds paid in excess of the minimum bid; (d) capitalized interest in the amount of $ ,sufficient to pay interest due on the Improvement Portion of the Bonds on or before October 1, 2009; (e) any collections of all taxes herein or hereafter levied for the payment of the principal and interest on the Improvement Portion of the Bonds; (f) all funds remaining in the Construction Accounts after completion of the Street Improvements and payment of the costs thereof, not so transferred 2181713x1 to the account of another improvement; (g) all investment earnings on funds held in the Debt Service Fund; and (h) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Fund. The Debt Service Fund shall be used solely to pay the principal and interest and any premiums for redemption of the Improvement Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. There is hereby created aState-Aid Improvements Debt Service Subaccount and there are hereby irrevocably appropriated and pledged to, and there shall be credited to, the State-Aid Improvements Debt Service Subaccount: (a) upon receipt from the Commissioner of Finance of the State of Minnesota, the annual amount of money needed for payment of principal and interest due each year on the State-Aid Portion of the Bonds from moneys allotted or to be allotted to the City from its account in the Municipal State-Aid Street Fund; (b) a pro rata share of all accrued interest received upon delivery of the Bonds; (c) capitalized interest in the amount of $ ; (d) a pro rata share of all funds paid for the Bonds in excess of the minimum bid; (e) any collections of all taxes hereafter levied for the payment of the State-Aid Portion of the Bonds; (f) a pro rata share of all funds remaining in the Construction Account after completion of the State-Aid Improvements and payment of the costs thereof; (g) all investment earnings on funds held in the State-Aid Improvements Debt Service Subaccount; and (h) any and all other moneys which are properly available and are appropriated by the governing body of the City to the State-Aid Improvements Debt Service Subaccount. The State-Aid Improvements Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the State-Aid Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from the State-Aid Improvements Debt Service Subaccount as provided by law. 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 (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) 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 Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. 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 Internal Revenue Code of 1986, as amended (the "Code"). 2181713x1 16. Covenants Relating to the Improvement Portion of the Bonds. (a) Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each Street Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Street Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Street Improvement financed hereunder unless the resolution ordering the Street Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to betaken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. It is hereby determined that the assessments shall be 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 a rate per annum not greater than the maximum permitted by law and not less than the rates per annum shown opposite their collection years specified below: Improvement Collection Designation Amount LeW Years Years Rate At the time the assessments are in fact levied the City Council shall, based on the then- current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Tax Lew. To provide moneys for payment of the principal and interest on the Improvement 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: Year of Tax Lew Year of Tax Collection Amount 2008-2022 2009-2023 (c) Coverage Test. 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 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 Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Improvement 2181713x1 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. 17. Covenants Relating to the State-Aid Portion of the Bonds. (a) Certification to Commissioner. Upon the sale of the Bonds an officer of the City shall promptly certify to the Commissioner of Transportation, State of Minnesota, the amount of money required annually for the payment of principal and interest on the State-Aid Portion of the Bonds, all in accordance with Minnesota Statutes, Section 162.18. (b) Expenditure Consistent with Minnesota Statutes Chapter 162. Proceeds of the State-Aid Portion of the Bonds shall be spent only in accordance with the provisions of law and the rules and regulations of the Commissioner of Transportation relating to the establishment, location, relocation, construction, reconstruction and/or improvement of municipal State-Aid streets within the City. The City shall comply with the requirements of Minnesota Statutes, Chapter 162 in making the State-Aid Improvements. (c) Debt Service Coverage. It is hereby determined and reasonably anticipated that the estimated collections of the revenues available to be deposited to the State-Aid Improvements Debt Service Subaccount will produce at least five percent in excess of the amount needed to meet, when due, the principal of and interest on the State-Aid Portion of the Bonds. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on 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 Debt Service Account is ever insufficient to pay all principal and interest then due on 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 maybe reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. 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 each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission 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 (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. 2181713x1 (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, 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 of the City, 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. 20. 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 discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. 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. 21. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a 2181713x1 written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 22. 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 information as the Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 23. 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. 2181713x1 24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, 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. 25. Tax-Exempt Status of the Bonds; Rebate. 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 (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. The City expects to satisfy the 24-month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor and or Clerk 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. 26. Desi,~nation of Qualified Tax-Exempt Obli ate ions. 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 2008 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2008 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. 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. 27. Severability. If any section, paragraph or provision of this resolution shall beheld 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. 2181713x1 28. 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. 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. 2181713x1 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 considering proposals for, and authorizing the issuance and awarding the competitive, negotiated sale of $9,970,000 General Obligation Bonds, Series 2008A. WITNESS my hand on June 9, 2008. Clerk 2181713x1 Memorandum Agenda No. K-6 To: Chuck Ahl, Acting City Manager From: Bob Mittet, Finance Director Date: June 4, 2008 Re: Resolution Accepting Proposal on the Competitive Negotiated Sale of $1,070,000 General Obligation Improvement Refunding Bonds, Series 20086, and Providing for Their Issuance At the Regular City Council meeting held on May 12, 2008, preliminary approval for the issuance of $1,070,000 of General Obligation Improvement Refunding Bonds, Series 20086. The resolution will be available after bids are received on Monday, June 9, 2008. Staff recommends approval of the attached resolution which will: 1. Accept the bid proposal, and 2. Provide for their issuance. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: June 9, 2008 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on June 9, 2008 at 7:00 p.m., for the purpose, in part, of considering proposals for and awarding the competitive negotiated sale of, $1,070,000 General Obligation Improvement Refunding Bonds, Series 2008B. The following members were present: and the following were absent: In accordance with the resolution adopted by the City Council on May 15, 2008, the City Clerk presented proposals on $1,070,000 General Obligation Improvement Refunding Bonds, Series 2008B, which were received and tabulated at the offices of Springsted Incorporated on this same day: Bidder Interest Rate True Interest Cost SEE ATTACHED The Council then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $1,070,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2008B, AND PROVIDING FOR THEIR ISSUANCE A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to provide moneys for a current refunding of the City's General Obligation Improvement Bonds, Series 1998A, dated September 1, 1998 (the "Prior 1998 Bonds") which mature on and after February 1, 2009; and B. WHEREAS, $565,000 of the principal amount of the Prior 1998 Bonds which mature on and after February 1, 2009, are callable on August 1, 2008, at a price of par plus accrued interest, as provided in the Resolution of the City Council, adopted August 20, 1998, authorizing the issuance of the Prior 1998 Bonds (the "Prior 1998 Resolution"); and C. WHEREAS, the City has heretofore determined and declared that it is necessary and expedient to provide moneys for a current refunding of the City's General Obligation Improvement Bonds, Series 1999A, dated October 1, 1999 (the "Prior 1999 Bonds") which mature on and after February 1, 2009; and 2181724x1 D. WHEREAS, $475,000 of the principal amount of the Prior 1999 Bonds which mature on and after February 1, 2009, are callable on August 1, 2008, at a price of par plus accrued interest, as provided in the Resolution of the City Council, adopted September 27, 1999, authorizing the issuance of the Prior 1999 Bonds (the "Prior 1999 Resolution"); and E. WHEREAS, the Prior 1998 Bonds and the Prior 1999 Bonds are hereinafter referred to as the Prior Bonds. F. WHEREAS, the refunding of the Prior Bonds maturing on and after February 1, 2009 (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 G. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $1,070,000 General Obligation Improvement Refunding Bonds, Series 2008B, pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a current refunding of the Refunded Bonds; and H. 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 City Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase $1,070,000 General Obligation Improvement Refunding Bonds, Series 2008B of the City (the "Bonds" or the "Refunding Bonds", or individually a "Bond"), in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ ,plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The City Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2. Bond Terms. (a) Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be titled "General Obligation Improvement Refunding Bonds, Series 2008B", shall be dated July 1, 2008, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds 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 Bonds shall mature on February 1, in the years and amounts as follows: 2181724x1 2 Year Amount 2009 $ 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds maybe issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions maybe made to the provisions of the applicable Bond(s). (b) 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 deemed) 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 2181724x1 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 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 betaken 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 hereof, 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 maybe, 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 betaken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such zisi~z4~i 4 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 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 as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system maybe 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 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) 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; Refundin Fg findings. The Bonds shall provide funds for a current refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared 2181724x1 S that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the City. 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, 2009, 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 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Bond Re isg tray. , in , 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 of this resolution. 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: 2181724x1 6 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- $ GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 2008B INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP FEBRUARY 1, 20 JULY 1, 2008 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS 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, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2009, 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 in (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 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. 2181724x1 7 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. No Redemption. All Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obli ag tion. This Bond is one of an issue in the total principal amount of $1,070,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, and denomination, which Bond has been 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 of the Issuer on June 9, 2008 (the "Resolution"), for the purpose of providing funds for a current refunding of the Issuer's General Obligation Improvement Bonds, Series 1998A, dated September 1, 1998, which mature on and after February 1, 2009 and the Issuer's General Obligation Improvement Bonds, Series 1999A, dated October 1, 1999, which mature on and after February 1, 2009. This Bond is payable out of the Debt Service Account of the Issuer's General Obligation Improvement Refunding Bonds, Series 2008B Fund. 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 the denominations of $5,000 and integral multiples thereof of a single maturity 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 (except as otherwise provided herein with respect to the Record Date) 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. 2181724x1 g 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. Qualified Tax-Exempt Obli ag tion. 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 City Clerk. Date of Registration: BOND REGISTRAR' S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registrar By Authorized Signature Registrable by: Payable at: CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA /s/Facsimile Mayor /s/Facsimile Clerk 2181724x1 9 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 (Gust) (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: Signature Guaranteed: 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(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: (Include information for all joint owners if the Bond is held by joint account.) 2181724x1 I 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) 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, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal maybe omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either officer, the Bonds maybe signed by the manual or facsimile signature of an 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. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as maybe necessary to reflect more than one maturity in a single temporary bond. The temporary bonds maybe executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 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 the 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, which date is July 1, 2008. 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 maybe 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 2181724x1 1 1 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 cancelled by the Bond Registrar and thereafter disposed of as directed by the City. 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. 11. Ri hg is 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 (15th) 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 (10) 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 above) 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. 2181724x1 I2 14. Delivery; A~lication of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance and Administration Manager 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. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "General Obligation Improvement Refunding Bonds, Series 2008B Fund" (the "Fund") to be administered and maintained by the Finance and Administration Manager as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds herein authorized and the interest thereon shall have been fully paid. There shall be maintained and created in the fund the "Payment Account" and a "Debt Service Account". (i) Payment Account. The proceeds of the Bonds, less accrued interest, shall be deposited in the Payment Account. On or prior to August 1, 2008, the Finance and Administration Manager shall transfer $ of the proceeds of the Bonds from the Payment Account to the paying agent for each of the Refunded Bonds, which sum is sufficient, together with other funds on deposit in the debt service fund for each of the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds on August 1, 2008, including the principal of the Refunded Bonds called for redemption on that date. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the Debt Service Account. (ii) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (1) accrued interest; (2) any balance remaining on August 2, 2008, in the Prior Bonds Debt Service Account created by the Prior Resolution; (3) any uncollected special assessments which were heretofore pledged for the payment of the Refunded Bonds and are herein pledged to the payment of the Bonds; (4) all investment earnings on funds in the Debt Service Account; (5) any taxes herein or hereafter levied for the payment of the Bonds; (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. 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 (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above, in an amount not greater than the lesser of five percent (5%) 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 zisi~z4~i 13 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 Internal Revenue Code of 1986, as amended (the "Code"). 16. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions for the security thereof shall be observed by the City and all of its officers and agents. 17. Special Assessments. The City has heretofore levied special assessments pursuant to the Prior Resolution, which have been pledged to the payment of the principal and interest on the Prior Bonds. All uncollected special assessments are now pledged to the payment of principal of and interest on 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 Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 18. Tax Lew; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on 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: Year of Year of Tax Tax Lew Collection Amount The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any 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 Bonds, the uncollected taxes pledged in the Prior Resolution authorizing the issuance of the Prior Bonds, shall be canceled. zisi~z4~i 1 4 19. 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 each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission 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 (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, 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 (i) each NRMSIR or to the MSRB and (ii) the SID, 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 of the City, 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. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on 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 Debt Service Account is ever insufficient to pay all principal and interest then due on 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 maybe reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Redemption of Prior Bonds. The Prior Bonds which mature on and after February 1, 2009, shall be redeemed and prepaid on August 1, 2008, in accordance with the terms and conditions set forth in the Notices of Call for Redemption attached hereto as Exhibit A and Exhibit B, which terms and conditions are hereby approved and incorporated herein by reference. 2181724x1 I S 22. 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 information as the County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 23. 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. 24. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the improvements financed by the Prior Bonds (the "Project"), 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. 25. 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 (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. The City expects to satisfy the six-month expenditure exemption from gross proceeds of the Bonds as provided in Section 1.148-7(c) of the Regulations. The Mayor and/or Clerk, 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. 26. Designation of Qualified Tax-Exempt Obli atg ions. 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; Code; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the (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 2181724x1 16 City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2008 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2008 have been designated for purposes of Section 265(b)(3) of the Code; and (f) each of the Refunded Bonds was designated as a "qualified tax exempt obligation" for purposes of Section 265(b)(3) of the Code; (g) the aggregate face amount of the Bonds does not exceed $10,000,000; (h) the average maturity of the Bonds does not exceed the remaining average maturity of the Refunded Bonds; (i) no part of the Bonds has a maturity date which is later than the date which is thirty years after the dates the Refunded Bonds were issued; and (j) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149(d)(5) of the Code, and shall not betaken into account under the $10,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of the Prior Bonds. 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. 27. 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, subject 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. 28. Supplemental Resolution. The Prior Resolution authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions hereof. 29. 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 2181724x1 17 section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. 30. 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. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember 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. 2181724x1 1 g 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 $1,070,000 General Obligation Improvement Refunding Bonds, Series 2008B. WITNESS my hand this 9~' day of June, 2008. Clerk 2181724x1 19 EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA NOTICE IS HEREBY GNEN that by order of the City Council of the City of Maplewood, Ramsey County, Minnesota, there have been called for redemption and prepayment on August 1, 2008 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 1998A, dated as of September 1, 1998, having stated maturity dates in the years 2009 through 2019, inclusive, and totaling $565,000 in principal amount. The bonds are being called at a price of par plus accrued interest to August 1, 2008, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association. (successor to Norwest Bank Minnesota, National Association), Attention: Paying Agent Services, 180 East Fifth Street, St. Paul, Minnesota 55101. Dated: June 9, 2008 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983 31 % will be withheld if tax identification number is not properly certified. 2181724x1 EXHIBIT B NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA NOTICE IS HEREBY GNEN that by order of the City Council of the City of Maplewood, Ramsey County, Minnesota, there have been called for redemption and prepayment on August 1, 2008 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 1999A, dated as of October 1, 1999, having stated maturity dates in the years 2009 through 2015, inclusive, and totaling $475,000 in principal amount. The bonds are being called at a price of par plus accrued interest to August 1, 2008, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association. (successor to Firstar Bank, N.A.), Attention: Paying Agent Services, 180 East Fifth Street, SL Paul, Minnesota 55101. Dated: June 9, 2008 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983 31 % will be withheld if tax identification number is not properly certified. 2181724x1 Knaak & Kantrud, AGENDA ITEM K7 P.A. A T T 0 R OF COUNSEL: Tom Dailey Don Kohler N E Y S A T L A W H. Alan Kantrud hakantrud@klaw.us alan.kantrud@maplewood.ci.mn.us direct: 612-743-4242 MEMORANDUM DATE: 2 June 2008 T0: Chuck Ahl, Acting City Manager RE: City Manager Search History INTRODUCTION At the last regular meeting of the City Council I was asked to compile the available documents related to the hiring processes of the City relative to the office of the City Manager. I compiled the documents that yet-exist and have attached them to this Report. Attached directly is the pertinent section from the LMC handbook regarding City Managers. (Attachment A). COMMENTS While the process of seeking a candidate for the City Manager position was discussed in early 2006 and ultimately staff was directed to assemble a list of possible search firms, which was done. Prior to any Council action, HR Director Le did prepare and present a draft job description for consideration, which is attached hereto as Attachment B. The director also surveyed several other communities to what they required in an eligible candidate. That "updated" list is attached as Attachment C. Later in the year at a Council Workshop, Councilmember Hj elle motioned and Mayor Longrie seconded a list of "baseline" requirements at the time for a candidate and Council voted all ayes on those minimum standards. (see the attached minutes of the 8/7/06 workshop (Attachment D)). Due to the appointment of Mr. Copeland later in 2006 the search for a search firm became moot and thus the process was abandoned entirely. More helpful for your purposes, now, is the timeline developed during the candidate selection process used in 2000. That timeline ran exactly 8 months from initial search firm RFP to candidate appointment. That list is attached as Attachment E. As an observation from that document, it appears that the City paid slightly over $20,000.00 to conduct the search. It is safe to assume that the cost has gone up in the Finally, the Springstead Firm has submitted a generalized proposal that outlines their process in assisting Cities with City Manager searches. It is attached as Attachment F. ATTACHMENT A Home rule charter cities should consult their city chartexs, as well as the counsel of their city attorneys, for appointment and removal procedures. Part V. City manager M[nn. $tat. § 41z.541. The city manager position is found in all Plan B statutory cities as well as in several home rule charter cities. Cities with a city manager have what is called acouncil-manager form of government. In the council-manager form, the council exercises the legislative power of the city and determines all matters of policy, similar to a board of directors in a priva#e sector company. The city manager formulates policy recommendations to the city council, exercises the administrative power of the city, and is ultimately responsible to the council for the proper administration of all city affairs, touch as a CEO would in a private sector company. The council-manager plan was first created in the early 1900s as a means through which government could be "professionalized." It reflects both the parliamentary approach to government and the corporate business model in its structure and ideals. Early proponents of the council-manager form of government believed it accomplished the following worthy goals: • It replaced the divisiveness of some other farms of government with a mare unified model of government in which the council had both legislative and administrative authority. • It placed responsibility for day-to-day administration of city business in the hands of a professional manager rather than elected officials. Minn. stat. § 472.541, s~ba. 2. Only statutory cities with a population over 1,000 are eligible to operate under the Optional Plan B, council-manager farm of government. This does not apply to home rule charter cities. ~-. Form of government Under the council-manager form, the council retains policymaking and Iegislative authority and delegates the administration to a manager. The manager is responsible directly to the council and subject to council removal: 1~Iinn. star. §§ a72.671; The council as a whole retains ultimate administrative, as well as x72.621; a~t.s9. legislative responsibility and authority, except where an independent board, such as acivil-service commission or joint powers board, has one or mare specific functions. B. P~iwers and duties 3viinn. star § 412,611. Irl a PIan B city, the city manager is the head of the administrative branch of government and is responsible to the council for the proper administration of all affairs relating to the city. 1b T,esgue of Minnesota Cities Duties for managers in home rule charter cities are likely to be similar, but home rule charter city officials should consult their city charters for specifics regarding their manager's duties. The Plan B city manager has several duties and responsibilities set forth by statutee 1. Enforcement of statutes, ordinances, and resolutions - Minn. stet. § 41z.651, The city manager in a Plan B city must.ensure the statutes relating to the suba. z. ~ city and the laws, ordinances, and resolutions of the city are enforced. 2. City staff Minn. Stet. § 412.651, The city zzlanager has the power to appoint and remove city staff: 'T'his subd. 3. includes the city clerk, all department heads, and subordinate officers and employees. If civil service rules or a Tabor agreement are in place, any applicable provisions must be followed. The appointment and removal of the city attorney is subject to the approval of the city council. Mann. star. § a1z.661. The city manager has complete discretion to appoint or remove staff members within the limits of other applicable laws, such as the Veterans' Preference Act, among others. Neither the council nor any individual councihnember may dictate the appointment of ally person to off ce or employment by the manager. Council members may not interfere with the manager's judgment in appointing personnel. Likewise, the council may not give orders to any subordinate of the manager. Instead, the council's control is indirect, through its selection and appointment of the manager. It is common practice, however, for councils to have some interaction with city staff. 3. City departments Minn. slat. § 412.661, The city manager has control over all departments of the administration. su~a, a, This includes both departments that are created under the Plan B form and by the city council. 4. Council meetings Minn, stet. § 412.651, The city manager must attend all meetings of the city council. The city suba. s. manager has the right to take part in the council discussions, but cannot vote. The city council may exclude the city manager from any meetings at which the manager's removal is considered. 5. Recommend ordinances and resolutions Minn. Slat. § 412.651, The city n;lanager must recommend ordinances, resolutions, and policies to suba. 6, the council for adoption the city matzager deems necessary for the welfare of the people and the efficient administration of city affairs. City Administration 17 6. City finances and budget Minn. Stet, § 412.651, The city manager must keep the council fully advised as to the city's Saba. ~. financial condition and needs. The manager must also prepare and submit the annual budget to the council. Nfinn. star. § 4tz,~ot. plan B city managers must prepare the estimates for the annual city budget. See League memo, The budget must be organized by funds and include all the funds of the Guideli~resfor•Preparfr~g city, except funds made up of proceeds of bond issues, utility funds, and cry Badgers (215b.1). special assessment funds, and may include other funds at the discretion of the council. M;~n. stet. § a~z.~z3. Tt is the city manager's duty to enforce the provisions of the budget. The manager must not approve any order for any expenditure unless an appropriation has been made in the budget resolution. Likewise, the manager must xtot approve any expenditure covered by budget resolution unless there is a sufficient unexpended balance left after deducting the total past expenditures and the sum of all outstanding orders and encumbrances. Minn. star. § a~2.~ai. The procedure for disbursement of funds is similar to that in a Standard Plan or Plan A city except that the mayor and manager sign the orders . instead of the mayor and clerk. The manager must specify the particular fund from which payment will be made on each contract. The council may, by ordinance, establish additional mechanisms for the safekeeping and disbursement of city funds. 7. Chief purchasing agent M;nn. stet. § ai2.6v~. The city manager is the chief purchasing agent for the city. All purchases and contracts that do not exceed $20,000 are made or let by the manager unless the council has set a lower limit. All claims resulting from these purchases and contracts must still be audited and approved by the council in the same manner as in other statutory cities. tvlinn. stet. § 4;z.69t. All other purchases and contracts can be made by the council only after the recommendation of the manager has frrst been obtained. Both the mayor and the manager must sign all contracts, bonds, and other instruments to which the city is a party. 8. Administrative code Minn, Seat, § 41z,651, At the council's request, the city manager must prepare an administrative Saba. s. code for the council to consider for adoption. The code must incorporate the details of administrative procedure, and the manager :m.ust suggest amendments to the code from time to time. 9. Additional duties Mittn. stax § atz,6st, The city manager must perform any other duties that are required by statute Saba. 9. for Plan B cities. Additionally, the manager must meet any other responsibilities set forth in city ordinances ar resolutions. 18 League ofl4iinaesota Cites Home rule charter cities with city managers should consult their charters far their manager's duties. C, Appointment and removal The city manager is appointed and removed by the city council. 1. Appointment 1Vlinn, srat. § ai2.6at. The manager is chosen by the council on the basis of training, experience, See Part'V!, sact~on B, and administrative qualifications. The manager is appointed for an Qa~a1 fcar=ons. indefinite period of time and need nai be a resident of the city. 2. RemorlaI . star. § ai2.6ai. The council may remove the city manager at any tizrze. if the manager has served for one year or longer, however, the manager may demand written charges and a public hearing on the charges. before the final removal takes effect. The demand for written charges must be made within seven days of notification of the counciI's intent to remove. The council must set a date and a reasonable time for a public hearing. The hearing must be held within 30 days of the manager's demand. Tlae hearing may not be recessed or reconvened until a further date unless approved by the council. Pending the hearing, the council may suspend the manager, with or without pay. The council may designate another qualif ed person to perform the duties of the manager during absence or disability. Mme. spat. § aia.6a~. The council must notify the city manager within five days of the hearing of its decision to retain or remove the manager. City councils that are considering removal of their manager should consult with their city attorney before beginning the removal process. The council should also consider any relevant employment contract language, personnel policies, and ordinance or charter provisions_ Part. VI Common issues There are a number of issues common to the positions of city clerk, administrator, and manager, including: • Shared clerks or administrators. AIthough rather rare in Minnesota, sometimes smaller cities will share an administrator or clerk. • Qualifications, What should the council look for in a good candidate to III a vacant cleric, administrator ar manager position? Pros and cons of e»tplayment contracts. Should the city use an employment contract for its administrative officer? city Administration 19 • Delegation of duties What responsibilities can be delegated to the administrative officer? • Effective council relations. What is the best Way for the council to work with the administrative officer? What is the best way far the administrative officer to work with the council? • Clerk, administrator, or manager? When should a city choose one of these positions over another? A. Shared clerks or administrators Zvlinn. star. § a~i.s9. Sometimes two or more smaller cities will share an administrator or clerk. Sharing the position allows cities that themselves do not need afull-time position to combine and create one full-tune position, and hopefully attract and retain a more qualified candidate than they would for apart-time position. Cities are authorized to enter into a joint powers agreement for such services if the cities involved all have the same power to appoint such a position. B. Qualifications (what to look for in candidates) See LMC HR Reference When a city hires a new clerk, administrator or manager, it should seek Manual, cr,. is Hiring. only qualified candidates. Qualifications will vary, depending upon the Contact the League needs of the city and the functions the person will be expected to perform. Research Department for the research packet Hirrng This applies primarily to appointed city clerks, administrators, and a City Manager or managers. It only applies to elected city clerks insofar as it may help voters Aamfnistraror. measure the degree of qualification of the, candidates on the ballot. Contact the League City councils should be certain the job description is up-to-date. Look at Research Daparhnent for sample jnb descriptions. the various needs of the city and define specif tally what tasks the successful candidate will perform. Once the job description is current, it should be easier to write an advertisement for the opening. In addition to the jab description, city councils should evaluate the current and future needs of the community. In this way, it can outline the knowledge and abilities that will help the city's future growth. Candidates should have good communications skills. Such skills are necessary because of the amount of contact clerks, administrators, and managers have with their city councils, other city staff, the media, and the general public. Candidates for city administrator or manager are often required to have degrees in public administration. Managers and administrators need to have a thorough knowledge of finance and budgeting. Often, cities requixe advanced degrees in one or more of these areas. A master's degree in public administration is a common prerequisite for many city councils. 2U League ofMin•esota Cities Experience is also an important aspect to consider. Generally, cities will look for experience in city finances and budgeting, but it is also common to require experience with specific areas such as land use, municipal liquor stores, Economic Development Authorities (EDAs), and Housing Redevelopment Agencies (HRAs}. Experience running an efficient, well- organized office can also be an asset. Previous experience as a clerk, administrator or manager can demonstrate a candidate's abilities. Serving as a deputy clerk or an assistant to a city administrator or manager can either be a desired or required qualification, as can administrative experience in a smaller city. Likewise, internships with a city can provide valuable municipal experience. The candidate's personality and style is another important consideration. The council will obviously want someone whose style is compatible with the council. Depending upon the current composition on the council and within city staff, a stronger personality can sometimes offer much needed leadership. Under different situations, a "softer hand" may be more appropriate. A city council must carefully consider how much control it wishes to delegate to the person hired. C. Pros and cons of employment agreements See LMC HR Reference Cities sometimes use written contracts or agreements with individual Manual, Ch, 3;Hiring-X em Io ees to outline the terms and conditions of employment. This ~'Q33tr8Ct5 and Agreements. p y practice can create legal issues for the city that might otherwise have been avoided by using a personnel policy that applies to all employees. The primary reason a city may want to consider using an individual employment agreement is for recruitment. Experienced city manager or administrator candidates may refuse to work for a city without an individual employment agreement that outlines their terms and conditions of employment, particularly severance pay issues. There are a number of reasons far this, but probably the one most often cited by these professionals is that the relationship between a city council and the chief administrative officer can change over tinge. Each city council hires those who will be able to work well with their individual styles and overall philosophy for running the city. However, the persons occupying those council seats change at nearly every election. Over time, the styles and philosophy of the council changes and the relationship may no longer meet council expectations. Employment agreements, in particular severance pay provisions, acknowledge that this change in relationship is a reality of city government, is not the fault of any party and provides the employee a financial safety net far his or her post-employment transition. City Administration 27 1, Pros There can be some advantages to an individual employment agreement once the city, in consultation with an attorney, decides such an agreement is necessary. For example, an individual employment agreement, if well- thought out and well-drafted, can: • Help avoid miscommunication about verbal offers and terms. • Clarify special terms and conditions of employment unique to the position, such as car allowances, additional vacation or memberships in professional associations. • Protect the city's "front-end" investment in the employee, such as relocation expenses, by specifying that the employee must reimburse such expenses if he or she resigns within a certain period of time. • Address severance issues up-front, eliminating the need Eo negotiate a settlement at the end of employment, which may be an emotionally difficult time. • Be used to specify how and when performance evaluations will be conducted as well as outline, in general terms, the expectations for the position. • Assist in the recruitment of qualified candidates. • Help remove the appearance ofself-interest when the manager or administrator recommends changes to personnel policies. 2. Cotl$ In addition to potential legal issues, individual employment agreements may cause other problems: • It can be confusing and administratively burdensome to have different agreements in place far different employees or groups of employees. M;nn. stet. § a5s.~2, suba. . Different levels of benefits for highly compensated employees can t' sometimes violate Internal Revenue Service regulations. • Provisions in the agreement can become outdated when state and federal laws change. • Allowing the chief adrni~aistrative officer to operate under a separate contract may cause other levels of supervisors and managers to demand their own contracts. • Future councils may not agree with the contract provisions but :tzzay nevertheless be bound by them. 22 Leagne o£Minnesota Cities D. Delegation of duties see Part III - Ciry clerk, State statutes outline many of the duties that may be delegated to a city Part rv - c`ry administrative officer. In some cases the various duties of a clerk admrnistrafor, and Part V - ~ , cuy manager. admilustratax ar rzlanager may be delegated to another city staff member. 1. General duties Since the statutory city council has the power to create positions and def ne their duties, it would seem to follow that it could delegate almost any responsibility to any city staff. Specific duties, however, must be performed by the city clerk or city treasurer because they are required to perform them by state statute. Jewell Belding ca: v. Bertha 9I Mimi 9 97 The courts have ruled a city council is without the authority to delegate , , N.W. 424 (1903); council le slative owers or an administrative ower that calls for $~ p y p judgment and discretion. The statutes provide, however, that certain Minn. star. § 412.661. responsibilities, such as the hiring and firing of city employees, are taken from the council and assigned to the city manager in flan B cities. Home rule charter cities should consult their charters regarding the ability to re-assign and delegate duties. 2. Authority for paying certain claims Minn. stet. § 412.2X, subd. s. The statutory city council may delegate authority for paying certain claims to a city administrative official. h; order to do this, the city must have internal accounting and administrative control procedures to ensure the proper disbursement of public funds. The procedures must include the regular and frequent review of the administrative official's actions by the council. A list of all claims paid under the procedures must be presented to the council for informational purposes at the next regularly scheduled council meeting, Minn. stet. § 432.271, sssbd. s. The council must pass a resolution to delegate such authority. The resolution must specify the individual to whom the authority is given, and that the person may pay those claims that meet the standards and procedures established by the council. Menn. Stet. § 472,2X, anba. s. A statutory city council that does not prepare annual audited financial statements, attested to by an independent certified public accountant, public accountant or the state auditor, may not delegate its authority for paying certaiza claims against the city. Home rule charter cities should consult their charters for guidance on their ability to delegate the payment of claims. City Administration 23 3. Public relations See League memo, Cities can take several steps to build effective relationships with the media. Newspaper Publication Ofte a ci will assi this res onsibili to one arson. Althou (440.1) for a further ~ ~' ~ P ~' P dise~,5sion of dealing with sometimes the mayor, it is often the chief administrative officer: the clerk, the news media. administratOr, or manager. E. Effective council relations The chief administrative officer-whether clerk, administrator or manager must work closely with the council. As such, it is important that the working relationship be a good one. Both the administrative officer and the council must always keep in mind that they are working as a team to serve the community. While differences of opinions are likely to occur, they must be resolved quickly. Extended bickering can cause the public to lose faith in the officer, as well as the council. Sometimes, resolving such a conflict can be as easy as agreeing to disagree. F. Clerk, administrator or manager? Cities sometimes ask whether they should have a city clerk, an administrator or a manager. The answer to this question will depend upon many variables unique to each city. If the council spends a lot of time administering day-to-day activities, it may wish to delegate some responsibilities to city staff. Depending upon the number of responsibilities and the amount of time needed to adequately perform these responsibilities, they can be assigned to an existing position, such as the city clerk, or to a new position, such as an administrator or manager. Generally, many small cities delegate responsibilities to the city clerk until it becomes obvious that an additional person is needed to help with these duties. At this point, many cities will either create a city administrator position or hire additional staffto help the clerk perform these additional responsibilities. In some cases, a city may have a specific issue with which it is dealing and may want someone with expertise in the area. For example, if the city is growing rapidly, the council may want someone who can help oversee some of its Iand-use matters. As a city gets larger, it might choose to adopt the Plan B form of government in order to delegate additional responsibilities, such as personnel decisions. Such delegation allows the council more time to make hnportant legislative decisions. Adoption of a home rule charter can also give the city freedom to assign duties as it sees fit. Some cities have seen this as the best means to their desired form of government. 24 ~ League orlVliuuesota Cities ATTACHMENT B Agenda No. AGENDA REPORT DATE: May 'l 6, 2006 TO: Mayor Longrie and City Council Members FROM: Sherrie Le Human Resource Director SUBJECT: City Manager Job Description I have prepared a draft jab description for the position of City Manager for your consideration as the appointing authority for this position. I first distributed this to you by email on April 20, 2006. At that time, I suggested that you may want to discuss it at the Council-Staff retreat if there was time. Since there was not time to do that, I am forwarding it to you as a Council agenda item for your approval. I have attached the draft job description aiong with a survey of the minimum qualifications for other comparable metro-area cities. RECOMMENDATION Adoption of the attached job description is recommended. r~~_,1 '~Ll~c~t~_~ Together We Can POSITION PROFILE Effective Date: April 2006 Position Title: City Manager Department: City Manager Accountable toy City Council Status: Exempt Approved: Primary Objectives Acts as chief administrative officer for the City; directs, manages and evaluates city operations, services and staff according to established ordinances, policies and procedures of the Council andlor Minnesota law; acts as chief financial officer for the city to include preparing and presenting the City budget to the City Council for approval; advises the City Counci{ on sound public policy and staffing to ensure the effective and timely delivery of City services; performs related duties as required. Supervision Received Receives policy direction form the City Council as a whole. Supervision Exercised Provides administrative supervision to department heads and through them to all City staff; is final authority on hiring and firing. MAJOR AREAS OF ACCOUNTABILITY 1. Oversees and directs the provision of municipal services through effective leadership and delegation to key department and division personnel; ensures all laws and ordinances of the City are duly enforced. 2. Represents the City in contacts with persons, agencies and businesses relative to various City matters, including development and provision of services, resident concerns, etc.; delegates liaison responsibility for such matters to key personnel as appropriate; maintains goad public relations with the citizens of the community. 3. Continually evaluates results being achieved as the basis for counsel, guidance and recommendations to the Council relative to level of services, projecting fiscal needs, bonding requirements, etc.; establishes organizational and planning priorities with the Council to achieve established objec#ives. 4. Counsels and directs key management personnel in establishing short- and long- range goals and objectives to ensure provision of satisfactory services at the most favorable cost; assigns, directs and evaluates the work of department heads. 5. Effectively manages city funds and assets and ensures effective investment of available funds; coordinates and directs department heads in the development, presentation and administration of the annual budget and five-year capital _ improvement plan; ensures sound financial and accounting policies, practices and controls are in place. 6. Oversees and approves administrative and personnel policies to ensure effective management of the City and compliance with relevant laws and regulations. 7. Approves all hiring, promotion, salary adjustments, changes to organizational structure, dismissals, promotions, demotions, performance evaluations and suspension of more than 30 days; oversees personnel actions taken by department heads; serves as final internal decision-maker on employee grievances. 8. Establishes and maintains methods of communications to ensure personnel receive reliable, timely information required to effectively perform assigned duties and responsibilities. - 9. Creates an organizational climate in which department or division heads and other supervisory personnel make the most productive use of all available resources; fosters a respectful, positive safe work environment for ail staff. 1 a. Acts as a liaison and City representative with private sector groups, school district, professional organizations, adjacent communities, and metropolitan, state and national organizations where City interests are involved. 11. Attends meetings of the Council and fully advises them on policies, affairs, financial conditions and needs of the City. 12. Oversees or directs personnel matters for the City; negotiates or delegates the negotiation of terms and conditions of employee labor contracts and submits for Council approval. 13. Oversees or delegates oversight of consultant and contract work performed far the City; coordinates the activities of the City Attorney. 14. Keeps current in new developments, ideas and methods in public administration and recommends or implements those appropriate to the City of Maplewood. 15. Executes contracts, official documents and agreements as needed or required. 16. Performs other duties as needed or as directed by the City Council. KNOWLEDGE, SKILLS, AND ABILITIES - Thorough knowledge of the management principles and practices in the public sector. * -_ Considerable knowledge of program development and management and projecfi management. - Considerable knowledge of municipal services and operations. * - Considerable knowledge of state and federal laws, City ordinances and policies and regulations as they apply to City government. * - Considerable knowledge of budget development and administration. - .Considerable knowledge of effective customer service practices. - Working knowledge of safety laws, regulations and practices that apply to the City as an employer. * - Working knowledge of PC-based computers including a basic understanding of networks, hardware and software typically used in office environments. * - Thorough ability to communicate effectively, both orally and in writing, with elected officials, business leaders, developers, contractors, City staff, and the general public including making formal presentations. * - Considerable ability to direct, advise and manage staff and oversee personnel matters. * - Considerable ability to manage change and develop solutions to problems. - Considerable ability to develop, plan, organize, implement and monitor goals, objectives, programs, and policies. * - Considerable ability to prepare and administer an annual budget. '~ - Considerable ability to provide effective leadership, promote teamwork and motivate staff. * - Considerable ability to deal effectively with people of all backgrounds and to maintain positive and effective working relationships with advisory groups, City officials, and the general public. * - Considerable ability to involve the public in a positive and collaborative manner and to actively seek input on interests and preferences. - Considerable ability to research and analyze information, utilize resources and develop alternatives. * - Considerable ability to use creativity and sound judgment to resolve differences and respond to challenges. * - Considerable ability to effectively promote the City. * - Considerable ability to see, read, understand a variety of written documents and computer screens. '~ - Considerable ability to use fine motor skills to write andlor type and to operate a personal computer. * - Considerable ability to maintain a good driving record and drive safely and legally. * - Working ability to hear and speak when communicating with a large variety of people and to sit for long periods of time. MINIMUM QUALIFICATIONS - Qualified applicants will have, at minimum, seven years of progressive public local government leadership experience, including at least five years of responsible management experience and a bachelor's degree in public administration, business administration, management or a related field. A master's degree or other advanced education is highly desirable. - Must possess and maintain a valid Minnesota driver's license or equivalent out-of- state license. Nate: Asterisked items are essential to the jab. 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O N ~ ~ ~ ~ ~ m ~ ~ cz ro p o - `o cn ~ ~ ~ ~. ~ ~ ~ V ~ (~ " ro ~ ~ 7 .-* ~ (- Vi Vi ~ ~ 1 Vi ~ ~, ~ ~ O n ~_ ~ N O (D ~ ro ~ Q ~ ~ ~ ~ ~ v O O C Q ~ m• cn ro C ~ n ~ fl ] ~ ~ N ~ ~' ~ fl1 -p CD ~ ~ ~ -~ a ro ~ (D c0 ~ ~ ~ ° ..-,, ro p ~ -~ Q. ~ ~ ro Qro ~ =NC° o tQ ~ ~~'c . v ~ ~•o.ro ~ u, ~m~~ ~ ~~ ro ~ ~• roro " ~ ~ ~' c? ''~^' ~ ~ ro Q.. o i n ~ L ~m ~^ ~ ~ ~ ~ 3 rt ' Q ~ n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' 3 ~ ~ ~ ~ ~ ~ ~. ro ~ ~ ~ ~. ~ ~ O ~' ~ O X CQ V ~ (~ D ~ ~ ~ ~: ~ ~ `~ ~ Us ro 'a ~ ~ v m N -a O ~ ~ ~ ~ ro n N C C v C [7 rr CD ~ ro N ATTACHMENT D MINUTES CITY COUNCILIMANAGER WORKSHOP Monday, August 07, 2046 Council Chambers, City Hall = 5:00 p.m. A. CALL TO ORDER B. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen ,luenemann, Councilmember Present 1N11 Rossbach, Councilmember Present Others presen#: City Clerk Guilfoile Human Resource Director Le C. APPROVAL OF AGENDA Mayor Longrie moved to a rove_the agenda as submitted. Seconded by Councilmember Hjelle Ayes-All D. NEW BUSINESS Hiring of City Manager Discussion Council discussed the challenges the council and city will be facing the next five to ten years which included the budget, redevelopment issues, fostering new businesses and ensuring the community center is "breaking even". Further discussion was held regarding desired minimum qualifications and preferred qualifications for a new City Manager. Councilmember Cave encouraged thinking out of fhe box to ensure guidelines set are not too restrictive and result in eliminating a strong candidate. Mayor Longrie would Tike guidance in the hiring process, but as the employers of the City Manager would prefer a "hands on approach" to the process. Councilmember Rossbach would like council to take control at 10 candidates. Councilmember Juenemann shared from her experience during the hiring of the last City Manager, the consultant company presented council with 9 applicants. With the help of an interview committee the applicant pool was reduced to three with council making the final decision. City CouncillManager Workshop 08-07-06 Councifinember Hjelle presented his synopsis of what council has discussed they are looking for in a City Manger. Councilmember Rossbach moved to direct ]nterim City Manager Copeland {staff) to be in the Re uest for Pro osal racess and submit 6-10 talent searchin com anies to council for approval. Seconded by Councilmember Hjelle Ayes-All Councilmember Hjelle moved to ado t the followin "baseline" of re uirements for the dew City Manger: A Bachelor's degree in Public Administration or related field, Must have the abilit to communicate clear) and effective) bath oral) ~ •~~ and in writin Be able to formulate initiate and administer olicies and rocedures. A licant must be able to effective) work with both the ubiic and the council. The must have a strop back round in re-develo ment and fiscal mono ement. A strop histor in both the ubfic and rivate sectors are referred. A minimum of 5 ears munici al or related government experience. Seconded by Mayor Longrie Ayes-All E. FUTURE TOPICS August 14~h-Liquor License Ordinance F. ADJOURNMENT Councifinember Hjelle moved to adjourn at x:30 p.m. Seconded by Mayor Longrie AyesTAll City Counci]/Manager Workshop fl8-07-fl6 ATTACHMENT E CITY MANAGER RECRUITMENT MARCH 2000 2116100 - Letters send to 5 recruiting firms with RFP to: - Personnel Decisions. Inc. - The Brimeyer Group, Tnc. - The PAR Group - Mark bathe and Associates - DMG-Maximus, lN. Proposals due March 3, 2000. Between 316100 <: and 3120100 3121100 - City Council is provided proposals to review and rank by 3120100. - Final ranking of Consultants provided to City Council in memo from Acting City Manager Haider. Top two firms {PDI and Brimeyer Group} were scheduled for Council interviews at 4/3/00 Workshop. x/3/00 4110100 7/2100 S/1100 - Workshop------PDI chosen as consultant to proceed. - Council approved, search firm and authorized city officials to execute a contract with PDI with budget of $20,500. - Deadline for candidates to apply for the position. PDl received SO applications. They review, screen and evaluate candidates. - PDI & City Council created list of semi-finalists. PDI recommended 10; Council added 7 more. Through process of rating and ranking these candidates, a priority list of 9 semi-finalists was created to continue the process. Decision to have four interview groups, with approximately 6 members each: 1. Mayor and City Council 2. Commission/Board Members 3. City Department Heads 4. City Employees 814100 8114 & 8115 8/31/U0 9111100 9125100 - Letters sent to these four groups to solicit interest in participating in panel interviews. No. of people participating on the following panels: 1. Mayor/City Council --- 5 2. CommissionBoard Members - 8 3. Employees - 6 4. Department Heads - S - During this time questions solicited from these groups and submitted to PDI. - interviews with 8semi-finalists. *Criferia candidates were ranked on by all groups: - Human Relations - Judgment & Decision Making - Leadership - Personal Characteristics - Technical Skills - Communication Skills - Administrative - Overall - Special Council meeting set for Council to interview the 3 fnalists. Position offered to Finalist {R. Fursman). - At this Council meeting, Mr. Fursman appointed new City Manager. - Council approved Mr. Fursman's employment contract and directs execution of contract. 10/16/00 - New City Manager starts employment with Maplewood. ATTACHMENT F Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 w~ A~ t~ g ~~ d Tel: s5~-zza-saoo F'ax: 651-223-3002 www.springsted.com Executive Search Process Overview City of Maplewood, Minnesota Hiring a City Manager is one of the most important decisions that a City Council makes-a decision that significantly shapes the City's future. Springsted helps governing bodies make successful hiring decisions by.providing thorough prof les and background information on candidates and designing a process which meets the specific needs of the City. . We work with the City Council, first with individual members getting their input on the qualifications desired in the next City Manager, and then collectively, presenting a profile that represents the City Council's expectations for the next City Manager. In addition, we meet with department heads as a group or individually to give us a broader perspective of the position. The profile is not distributed until it has been approved by the City Council. Our role in the search is to attract a broad group of experienced managers as applicants for the position. We make personal contacts to candidates who are in the market and identify prospective candidates who are likely to apply if encouraged to do so. Applications are reviewed for minimum requirements and then in accordance with the selection criteria established by the City Council. We also conduct in-depth telephone interviews with those candidates who most closely meet the City's profile. As search consultants, our focus is on presenting qualif ed candidates to the City Council, any of whom have the capabilities needed to serve as the next City Manager. The selection decision is first and foremast a Council decision. Our selection process provides a proven approach to assist the City Council in making this decision. Springsted emphasizes the importance of each Council member's involvement in the final selection decision and assists the Council in selecting the successful candidate and malting an employment offer. From the applicant/candidate perspective, Springsted is the City's ambassador. We tell the City's unique story and explain the professional opportunities that Maplewood offers. Springsted takes seriously its respansibiIity to acknowledge each application received in a timely manner, recognizing that good communication throughout the process reflects positively on the City. Similarly, we are responsive to candidate requests for information about the Clty and the selection process while ensuring a level playing field for all, We ensure the confidentiality of each candidate until such time as the names of finalists become public. Overall, our goal is simply to provide the City Council with a process to determine the candidate who provides the best "fit" for the City while ensuring that candidates have the opportunity to see how their experience and background would be a ft with the City, if offered the position. Executive Search Process Overview ~_~ .W DEVELOP ~ ~~ PaslT~a~~ AEVALY5ISY w,. ANA CITY PPOFILE ^ ~ R~tine ~.e~irri~ ~~rr,~,ess , 1~;r1:~1 the ~I ~ r'uU!ICI, fns ~iJi~I~1L~'. F'rr~fP(t fl~lwi-3tjw ~- F~~~~ui~~rnas~t str~tF~~a~r p~;ra~~r+~ter Y r ~-fr~`~t~ PbSICIOn f-Cilfle sand r~cruifrn~rfE k~~rc;~shi3re ^ ~~~siticnprnflie~ anr? rBG'I'L1~if~"1G' nf ~f ~~Ghl1f~ 11 tt ~~)~; ff_~'d'E~TJh~d fE'~'~.i~ ~' C;o~rrcif City of Maplewood, Minnesota ~ RECRUIT ` ANDSCR~EN ' CANDIaAT~S G; ,-, , . , k,..... .- EVALt1p~TE ,...~..~. GANNIDATES -..- m r _.,-_ ~ ~7 i r SELECT ~ CA`aQ~DATE s ~, ~, , ^ ~~~tiV~i,r r~cruif ~ ~n~~~L~~t~ti Pface a~~ ~~rti~e~~»~3ts ~n pr~f~~~it~nalj~urnals, n5,;"19~ap~~S~pC~~b"4~~'f} Sites • Screen ~~~fi~.ati~~r,~;, ~~,tiP_,t~ +}` ~~ It~tyrl Fn,~isc: ~ ~it~,r ~ ~ f3niif~~~ ~~fGel~lnCJ tntµr~,~~ie~,+r~ s~i~ tPle~~~ar~ ' ~7~I'v~i~ ~~nuillc ~3p~c7il'S to the Cltw' CouEr;il Pre,~r~tUa~~~r+iak~s ar~ri t~rir r~ii ~~rficata~~ns ?Of~iR ~ 1t;1 ~~~~JnCll 3 C;~tl C~~-;nail [~~c~~r~"111~5 f<<3~~!isfs t ~~.r~n~~i~ct rCf~rw~he cftn~ N s; ~ackgro°ai7~f Ls~~ hnlo~~~i~~n ass. ~~!?3~nt ~}ri' ulna€i~ts ' F'~~~~'Clt',^lfltf~Cl a~~i~i~n~jur?i C~~ each °~ canrii~fat~~~ try -F~e Cif4 C;at~ncl~ y k ~f '~ '~ li~~ rlltNl 'I~ 5~ ~~ ~ ~ +~fll~~r 1f71~"I~t ! nag+~tietlc~ns ~,~~~ith a su< < ~a~~fiui ~ c~,~r~~~isj~~te. ~s a re~~iw~tsd F ~ ' }~eP ~thFr tir~t~lists ~~nf ~rrn~~.f ~~f ~1,,w ~ :t~fUS ~'~~ f~1P sue[ t{ n phs5es • ~ C~,ntE faf~ f~naii~t5 j ~?{ til? GGIlCIl15~1~7flCf `~ ~ a ti~~~~r~n~~,~ h Springs#ed Incorporated April 28, 20Q8 Agenda Item L1 MEMORANDUM TO: Acting City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Revision and Design Approval PROJECT: Salvation Army Facility Expansion LOCATION: 2080 Woodlynn Avenue DATE: May 29, 2008 INTRODUCTION Request The Salvation Army, located at 2080 Woodlynn Avenue, is proposing to expand their building. They want to add space for administrative and office functions on the northeast corner of the building and additional storage space on the west side of the building. To do so, they are requesting city approval of a revision to their existing conditional use permit (CUP). The city code requires a CUP for churches or places of worship in any location and for day care facilities in F (farm residential) districts. Refer to the applicant's statement and the attached maps starting on page eight. BAC KG RO U N D December 22, 1986: The city council approved a land use plan change from R1 to C (church), a conditional use permit (CUP) for the Salvation Army Church and for the adult day care facility. The city followed this approval with annual CUP reviews. October 8, 2001: The city council approved a CUP revision for the applicant's expansion plans subject to all construction following the approved site plan and construction starting within one year. October 14, 2002: The city council reviewed this CUP and moved to review it again in one year. October 13, 2003: The council moved to review the CUP only if the applicant proposes a change or if any problem arises. October 22, 2007: The city council approved a CUP revision for this site to allow for the addition of a child day care operation as part of their facility. (See the city council minutes starting on page 21). DISCUSSION Conditional Use Permit Revision The proposed building additions would add space for administrative (office) functions and for storage space. The Salvation Army is not proposing any changes to the adult or child day care operations that they now operate at this facility. As proposed, these changes will not negatively affect the site or the neighborhood. Design Review Building Design As noted in the applicant's statement, they are proposing to use materials and colors in the additions that will make this project compatible with the existing building. The proposed materials include buff-colored masonry units with blue glazed block accent stripe and reddish brown masonry units with a blue stripe for the storage area. (Please see the separate project plans and colored elevation for more details about the proposed building exterior.) Staff agrees that the proposed building additions would be compatible with the design and materials of the existing facility. Parking There should not be any parking issues created by the proposed building additions. All day-care participants are transported to and from the site by parents or busses. Therefore, parking for the center is only needed for the employees and guests. The church requires one parking stall per four seats. With 225 seats in the church, the city code requires 57 parking spaces for that use in the building. There are 86 existing parking stalls. Two of them are handicap accessible. The parking is more than adequate for the adult day care center, the child day care use, the church and the additional office space. Engineering Department Comments Steve Kummer of the city engineering department reviewed the project plans and provided staff with several comments about the proposal. Please see his notes and comments starting on page 19. Building Department Review David Fisher and Nick Carver of the city building inspection department reviewed the project plans and offered several comments. I have included their comments on page 18. Assistant Fire Chief/Fire Marshal's Comments Butch Gervais commented that the applicant does adult day care and the building has a complete fire protection system with alarm and smoke detections. He noted that the facility is in compliance with his requirements. Project Summary The proposed building additions should not cause any negative impact on this neighborhood. There is substantial parking available on the site and the exterior changes to the building would match the existing building and would not affect the neighbors. COMMISSION ACTIONS On May 20, 2008, the planning commission recommended approval of the proposed conditional use permit revision. On May 27, 2008, the community design review board recommended approval of the proposed project design plans. RECOMMENDATIONS A. Adopt the resolution starting on page 24. This resolution approves a revision to the conditional use permit for the Salvation Army Church, located at 2080 Woodlynn Avenue. This change is to allow for the revision of their approved site plan to allow the expansion of their building. The city should approve this CUP revision based on the findings required by the ordinance. This approval shall be subject to the following conditions (additions are underlined and deletions are crossed out): 1. All construction shall follow the site plan dated April 21, 2008, as approved by the city. City staff may approve minor changes. 2. The owner or contractor shall start the proposed building additions within one year as required by ordinance. The council may extend this deadline for one year. 3. The city council shall review this permit revision in one year. B. Approve the project plans dated April 21, 2008, for the remodeling and expansion of the Salvation Army Lakewood Chapel at 2080 Woodlynn Avenue. The city bases this approval on the findings required by the code. This approval is subject to the applicant or contractor doing the following: Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a grading or building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, retaining wall, tree, sidewalk, driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. (b) Include contour information for all the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. The ponds or basins shall meet the city's design standards and shall include best management practices and rainwater gardens wherever practical. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood-fiber blankets and seeding them with a "no mow" native vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city and a fence on the top to help prevent falls. The design and materials for the retaining walls are subject to staff approval. (f) Show all public and private sidewalks. (3) The tree plan shall: (a) Be approved by the city engineer or city environmental planner before site grading or tree removal. (b) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (c) Show the size, species and location of the replacement trees. The spruce and pine trees shall be at least eight feet tall and shall be Austrian Pines or Black Hills spruce. (d) Show no tree removal beyond the approved grading and tree limits. (4) Make all the changes and meet all the conditions as required by the city engineer and as noted by Steve Kummer in the memo dated May 8, 2008. b. Submit a certificate of survey for all new construction. c. Submit a revised landscape plan to staff for approval that incorporates or shows the following details: (1) The location of all large trees on the site. (2) That all new trees would be consistent with city standards for size, location and species. (3) The plantings proposed around the building shown on the landscape plan date- stamped April 21, 2008, shall remain on the plan. (4) No landscaping being put in the Woodlynn Avenue boulevard. The contractor shall restore the boulevard with sod. d. If necessary, get the approvals and permits from the watershed district. e. Provide city staff with design details (height, depth and materials) about the proposed retaining walls, including any fencing for those that are more than four feet tall. f. Submit to the city a letter of credit or cash escrow for all required exterior improvements. The amount of the escrow shall be 150 percent of the cost of the work. 3. Complete the following before occupying the building additions: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the ponding areas, which may be seeded. c. Install ahandicap-parking sign for each handicap-parking space and an address on the building. In addition, the applicant shall install "no parking" signs along all the driveways and drive aisles within the site and elsewhere, as may be required by staff. d. Paint any visible roof-top mechanical equipment to match the uppermost part of the building. (code requirement) e. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. All light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and from adjacent properties. f. The developer or contractor shall: (1) Complete all grading for the site drainage and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the contractor finishes the new parking lot in the fall or winter or if the building additions are occupied in the fall or winter, or within six weeks of occupancy if the building additions are occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. City staff may approve minor changes to the project plans. 6. This approval does not include signage. All proposed signs must be approved the community design review board and the applicant shall get sign permits from the city before the installation of any signs. CITIZEN COMMENTS Staff surveyed the 60 property owners within 500 feet of this site for their comments. I received one reply that was in favor of the proposal. REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.5 acres Existing Use: The Salvation Army Church and day care facility SURROUNDING LAND USES North: Woodlynn Avenue, Birch Glen Apartments and Woodlynn Ponds Town Homes South: Single dwellings East: The Village on Woodlynn Town homes West: Ariel Street and the Plaza 3000 Shopping Center PLANNING Land Use Plan: C (church) Zoning: F (farm residential) ORDINANCE REQUIREMENTS Section 44-1092(3) requires a CUP for a church or place of worship and for state-licensed day care facilities in any location in Maplewood. Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. See numbers 1 - 9 in the resolution starting on page 24. Section 2-290(b) of the city code requires that the CDRB make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. APPLICATION DATE The city received the complete application and plans for this proposal on April 21, 2008. State law requires that the city take action within 60 days of receiving complete applications. As such, the city must make a decision on this request by June 16, 2008. p:sec2n\Salvation Army CUP Revision -May 2008 Attachments: 1. Applicant's Statement 2. Location Map 3. Address Map 4. Aerial Photo 5. Site Plan 6. Landscape Plan 7. Landscape Plan Details 8. Proposed Floor Plan 9. Proposed Building Elevations 10. Building Inspection Department comments dated April 28, 2008 11. Engineering comments from Steve Kummer dated May 8, 2008 12. October 22, 2007 City Council Minutes 13. CUP Revision Resolution 14. Project Plans (Separate Attachments) Attachment 1 March 13, 2008 SALVATION ARMY - LAKEWOOD TEMPLE 2080 Woodlynn Avenue Maplewood, MN 55109 NARRATIVE The Lakewood Temple is in need of additional office space for administrative use and a permanent storage area for their yard equipment and gym equipment overflow. The office addition is proposed at the northeast corner of the existing building and occupies approximately 2,916 Sq.Ft. The storage area is proposed to be placed on the west side of the building and is tucked into a recess between the Chapel and the dumpster enclosure and is approximately 3T x 17' or 629 Sq.Ft. The. exterior of both additions will match the existing building facade. The office will be the buff colored masonry units with the blue glazed block accent stripe and the storage area shall be the reddish brown colored masonry units with blue stripe. The office addition will have mechanical equipment on the roof and it will be painted to match the building. There is no equipment proposed on the roof of the storage area. The addition wi11 have 2 small ornamental type trees to be removed. These will be replaced along the north side of the addition with new ornamental crab variety trees and we will install both coniferous and deciduous type shrubs along the east and north side of the office addition, Both the east and north walks at the office addition will be replaced. We have also included a rain garden on the north side of the addition to handle the increase storm water run of£ Neither of the additions wi11 alter or impede the existing topography. The west addition {storage area) does not effect the storm drainage as it is mostly replacing impervious areas existing. ALI~ANT'' TAT"E~IET March 13, 2008 Salvation ArmyTLakewood Temple Narrative Page 2. The new storage area will result in the removal of the wood utility shed that naw is on the west side of the building. The parking on this site was designed for the church services on Sunday and far exceeds the need for additional parking as the office staff does not work when the church services are being held. No increase in staff is intended with the new office addition. The parking lot surface is to be redone and the lot re-striped with the new sizes for accessible standards. As the existing main entry to the Temple is remaining, the accessible parking shall remain in the same location. We are replacing the sidewalks along the east and north sides ofthe addition to permit construction and to conform to the accessibility standards as well as the north entry. We are also adding a new hi/low drinking fountain in the north wing as part of this new project. The change in striping for the handicap parking should also be noted as part of the requirements for upgrading the accessibility as required by the State Building Code. We believe that this request for the additions will meet all the criteria for approval of the Amended Conditional Use Permit as listed in the Conditional Use Application form. We the Salvation Army thank you for your consideration of our request. Major Don Tekautz Attachment 2 anal. ljjjjp�. � mmia"Mmm"AffisawwMMMM LOCATION MAP 10 � A anal. ljjjjp�. � mmia"Mmm"AffisawwMMMM LOCATION MAP 10 ~.: Attachment 3. IF ~~ I~ Ali ~~ ----- , j I~ ! y~$ I I ~ "~ j t~ I II I I III I I I~ I I ly I i I, I ~`~~ ~ ii ~_~ I III I II' I I I I t j II I 1 I Ij I Ir I ~; ~ -mss r ~I r ~I ~ i ~' 1 r ,r ~~ -- 5 COUNTY ROAp iJ _____~ _.._ ~_ ' '' fir,. r~ ~i i ~ r rl ~ r as t 1 r' m r f r i ~ i ~~ ~, 3 ~ iI I ~I ~r I . I r c~..~ ._..~ r~ I ._............_.....----- .. _........._......_ _......... _ Ir 4 _______._ I i• _-- - " _ ~---,~ I TA62 E I ~ E€ I ~~~ r` ~ ~ II ~ ~t „-~ f I €i S ~ i l{ I I ~ _ 7 tj I I # ~ E. 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WOODLYNN AVENUE YaEEOUr~ EXISTKS x~ grata z+.as -r 7613 SLING SfOp 6K7! aVdK _ _._ , 33 ~f ~ B:'~ 1~r` W '11 I =_- = _- ia.wau ~~. a5rn~nr~pro>= j~~ ~ ' raricrednsl-a~ .ADDPTk7Ns ~-- r+~rbveeo-ar ~~ _ ,~ X422 SF. sx~eTrlr; As80RSITAE f rm~v~ I,aanr, p° 1` 1 ~w~xs r~Lxr.~ P` ~ oastwa ~ rJ° .~ v ~, 2 ~ 1. ' ry A ~ Q' I 632 SF EXlS7YIYG BUR1JlNG :: 27,336 SF. '~` N q ~ .. M O z ...wr..~ ~ . ~~ ..W ~ 408.23 WEST 44~ 1~ ~ ~ t LANDSCAPE PLANE L7.7 SCALE: i"m 30'-0' 14 4 N Attachme~at 7 WOOD~YNN AVENUE N WALK Tc REMAIN i D " °~ NSW GO~Cf WALK ~ ° e~ A B a a RELOCATED TREE EXISFiNG ~ ~ MONUMENT SI N ~ p2 ~ Po .,w _ .. _ -- e- ' r - - /- T.O. WALL ~9.g _ _ .. -. . _'....e-P'1 . ~..~.e'.'.'.. p P~ .. ... - --- - Tl£T g a~ fD i X10^D -'. .~. __--. o .:, f$-~ _ ~ .._ - - : ~ ._ •.:_ g - ~ - :. RE AIP(INCs fUA L A ° SOD CONCRETE RlP R4R 50D ° Si'ILLUTA d °P SID~lU LK GRA E P ° P ° ° P A P ° A P P. d p A A _ D 8-K P p ° P p r'~aK p P ° p ° ;~ e °.f9-L <p // P z ~ ARD NL / --~ p :,., s~: ,._s..~ aeaa n..wiw yera~ J I L J ~~~~~ ~-~ .= =~_ ~~: _wM,~ ~~~~ Attachment 8 PREP FL®® PLAN 16 4 N -.~:. Attachment 9 I 7 WEST ELEVATION , ,..._„ am-rc -_,_.,_, .... ~XT~RIGI2 M,A'fERIALB 9it~o1. lidrepu, PPE*MMm ierai R.wiw eAe®aun{C ECwR ml-rHxx oae~eu mw~~w..derr, W~aIE§6M-. 1' ~eum~n [aw"" N w "n4waA®we"xn tulCX Oa"nu araasm A+R PPM ~a n~rt"nupaKc a KAY PL4N SCALE; Nd SCALE ~~r® ~,~t~~«~s 57ME30L MAtERIAL A PRfFIN1SHED METAL FLASHING- 1-IgTGN EXISTING B B" GLAXEp 53NGLf SCORE CMU- MATCH EXISTING C p 8" SINGLE SCORE STRiJGTLN2AL SRIGK- MATCH EXISTING f" INSIJLATfp CaLA85 RJ THf1~'1AL EsREAK ALi1MINl]M FRAME w/ lC7NAR BAKEp FINISH- MATCH EXISTING E STEEL OvIwRHEAp I?OOR- PAINT To MATCH MATERIAL G ®PED L1ILDIIV LATIN ~~ 4 N (1 EASE ELEVanaN KI SWe 3/ii'-5'L' ~..~..~~. z NORTH ELEVATION sr.~P v"r-~v Attachment 10 Memo To: Ken Roberts, Plann From: David Fisher, Building Official & Nick Carver, Assistant Building Official Re: Salvation Army, 2080 Woodiynn Avenue -CUR Revision & CDRB Review Date: April 28, 2008 The following are comments from the Building Inspection Department: The city will require a complete building code analysis when the contractor or applicant submits construction plans to the city for building permits. The city requires signed architectural plans be submitted for the building permit. - Ensure that the project design allows for adequate Fire Department access to the buildings. - The proposed additions must meet all current Minnesota State Building Cade requirements. - The building is required to be fire sprinklered. - City staff recommends having apre-construction meeting with the contractor, the project manager and the city building inspection department. - There may be a SAC [sewer availability charge), WAC (water availability charge) and PAC (park availability charge} required for the expansion of the building. 18 Attachment 11 Salvation Army Addition 5-7-08 Page 1 of 2 Engineering Plan Review PROJECT: Salvation Army Addition PRDJECT NO: 08-05 COMMENTS BY: Steve Kummer, P.E. -Staff Engineer DATE: 5-27 -08 (Revised date) PLAN SET: 8.8x71 CUP Review Form Dated 4-25-E)8 The Lakewood Temple of the Salvation Army is proposing to add a 2,422 square foot building addition for office space and a 632 square foot addition for storage space along the west side of the building, They also will be constructing new sidewalks and a rain water garden to handle the runoff from the new addition. Storm Water Hydrology and Ponding/Infiltration Basins 1. Please provide a grading plan and storm water volume and runoff computations for the rain water garden. The rain water garden will need to be designed to infiltrate the first one {1 }inch of runoff from the new impervious surface being added to the building. Also, overall runoff rates from the site cannot increase as a result of the new building additions. 2. It appears from the proposed plans that the applicant wants to over lay the parking lot. If the operation is to be a mill and overlay of the parking lot (either in whole or in part} or if a significant portion of the parking lot paving needs to be removed or otherwise disturbed, then the applicant or property owner must provide storm water treatment and infiltration facilities on site to infiltrate and treat the first one (1} inch of runoff from the disturbed impervious surfaces. 3. It appears that the outlet from the rain water garden will discharge across a new walkway. Please revise this design to facilitate drainage under or away from any proposed walkways. 4. The contractor shall not drive or operate any construction equipmen# in or over the area of the rain water garden. Construction Site Sediment and Erosion Control Plan 1 SWPPP Please include a sediment and erosion control plan with your site grading plan. This plan must provide inlet protection for the two catch basins in the parking lot and adequate erosion control measures (i.e. silt fencing, biologs} for the down-slope areas around the proposed addition. 2. The contractor shall provide a Wimco catch basin insert or approved equal for all curb-inlet catch basins (proposed ar existing}, The contractor shall install these on ail catch basins adjacent to the site as well as within the site. The project plans shall include a corresponding installation de#ail for this. 19 Salvation Army Addition 5-7-08 Page 2 of 2 3. The project designer shall place a Hate on the erosion plan indicating that the contractor shall sweep all streets sustaining construction tracking at the end of each construction day. Street sweeping shall be accomplished by a rotary pickup sweeper such as an Elgin Pelican or approved equal. 4. Any disturbance of one acre or more necessitates a National Pollutant Discharge Elimination System permit from the Minnesota Pollution Control Agency {MPCA). The approved grading and erosion & sediment control plans shall be incorporated into the SWPPP. The applicant or contractor shall provide the city with a copy of this permit. 5. The contractor shall restore rip rap at all pond outlets and shaft place rip rap to the bottom each ponding area. Utilities 1. The applicant or project representative shall submit the plans to the Watershed District for review. The City shall be copied on the permit or approval fetter. 2. The project plans should show any proposed lighting either in the parking lot or on the building. Geometries and Paving 1. Alf curb drop-downs for handicap access shall be provided from the parking lot to the newly placed sidewalks. 2. Driveway access from Woadlynn Avenue shall be a minimum width of 24 feet. Landscaping/Planting Plans 1. Refer to comments or contact City Naturalist Ginny Gaynor regarding the rain water garden plantings. 2. Refer to comments or contact Enviornmental Planner 5hann Finwall regarding tree removalslreplacements. Miscellaneous 1. The Owner shall submit an escrow or letter of credit to the city for 125°10 of the proposed improvements. 2. The owner shall sign a maintenance agreement, prepared by the city, for all stormwater treatment devices {list devices i.e.... sumps, basins, ponds, etc). The city shall prepare this agreement. The owner or applicant shall sign this document before the city building department issues a certificate of occupancy. The applicant shall submit 8.5 x 11 exhibits with all on-site storm water treatment measures shown individually. 20 Attachment 72 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, October 22, 2007 Council Chambers, City Hall Meeting No. 19 A. B. C. .!. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:flfl p. m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present NEW BUSINESS 1. Conditional Use Permit Revision -Salvation Army -~ ZflBU Woodlynn Avenue. a. Senior Planner, Tom Ekstrand gave the presentation and answered questions of the council. b. Major Don Tekautz, Salvotion Army, 2080 Woodlynn Avenue, Maplewood, addressed the council and answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. Robert Martin, Planning Commissioner, gave fihe planning commission report and recommendation. Councilmember Hjelle moved to a rove the Resolution A rovin a Revision to the Conditional Use Permit for the Salvation Armv Church, located at 208fl Woodlynn Avenue, to„ expand their y y to include Child Day Care. Approval, of this CUP revision is based on the Adult Da Care Facilit findin s re aired b the ordinance and sub'ect to the followin conditions. CONDITIONAL USE PERMIT REVISION RESOLUTION 07-10-185 WHEREAS, The Salvation Army applied for a revision to their conditional use permit to expand their adult day care facility to include child day care. WHEREAS, this permit applies to 2080 Woodlynn Avenue. The legal description is: NW'/a of the NE'/4 of the W 165 feet of the S 368 feet of Section 2, Township 29, Range 22, and also that part of NW'/ of the NE % of the W 527.26 feet of the E 263.63 feet of the S 320 feet lying south of Woodlynn and E of Ariel al! in Section 2, Township 23, Range 22. (Property Identification Number: 02-29-22-12-0043) October 22, 2Q07, City Council Meeting 2i WHEREAS, the history of this conditions! use permit is as follows: On October 2, 2007, the planning commission held a public hearing to review this request. 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 reports and recommendations of the city staff. 2. The city council reviewed this proposal and cansidered the planning commission's recommendation on October 22, 2007. The council also considered reports and recommendations of the city staff and those in attendance. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above described conditional use permit revision to allow the addition of child day care at the Salvation Army Church because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, waterrun-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation ofi and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environments! effects. Approval is subject to compliance with the following conditions (additions are underlined and deletions are crossed out): 1. All construction shall follow the site plan approved by the city. Ci staff ~e 2. The proposed addition of child day care shall be stacked within one year as required by ordinance. October 22, 2007, City Council Meeting 2 22 . The council may extend this deadline for ane year. 3. The city council shall review this permit revision in one year. The Map#ewood City Council approved this resolution on Octoher 22, 2007. Seconded by Councilmember Juenemann. Ayes -All October 22, 2007, City Council Meeting 3 23 Attachment 13 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, The Salvation Army applied for a revision to their conditional use permit to expand their existing facility to add office and administrative space. WHEREAS, this permit applies to 2080 Woodlynn Avenue. The legal description is: NW'/4 of the NE'/4 of the W 165 feet of the S 368 feet of Section 2, Township 29, Range 22, and also that part of NW'/4 of the NE'/4 of the W 527.26 feet of the E 263.63 feet of the S 320 feet lying south of Woodlynn and E of Ariel all in Section 2, Township 23, Range 22. (Property Identification Number: 02-29-22-12-0043) WHEREAS, the history of this conditional use permit is as follows: On May 20, 2008, the planning commission held a public hearing to review this request. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit revision. 2. The city council reviewed this proposal and considered the planning commission's recommendation on June 9, 2008. The council also considered reports and recommendations of the city staff and those in attendance. NOW, THEREFORE, BE IT RESOLVED that the city council the above-described conditional use permit revision for the Salvation Army Church at 2080 Woodlynn Avenue because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 24 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to compliance with the following conditions: 1. All construction shall follow the site plan dated April 21, 2008 as approved by the city. City staff may approve minor changes. 2. The owner or contractor shall start the proposed building additions within one year as required by ordinance. The council may extend this deadline for one year. 3. The city council shall review this permit revision in one year. The Maplewood City Council approved this resolution on June , 2008. 25 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 20, 2008 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Robert Martin Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Present Absent Present Present Present Present Present Absent Present at 7:04 p.m. Staff Present: Ken Roberts, Planner Steve Kummer, City Staff Engineer V. PUBLIC HEARING 7:10 p.m. Conditional Use Permit Revision -Salvation Army (2080 Woodlynn Avenue) Planner Ken Roberts presented the staff report for the Salvation Army facility expansion. Commissioner Hess asked staff if additional ADA parking spaces would be required. Mr. Roberts responded the building official will review the parking requirements with his final review of the building plans. Ken Nordby of NAI Architects was present representing the applicant. Mr. Don Tekautz of the Salvation Army also was present. Mr. Nordby said the plans showed a drainage swale under the sidewalk that runs parallel with the building and into the rainwater garden. Mr. Nordby said the plans do not show this, but this drainage swale will also be proposed to run out into the parking lot under the north/south sidewalk. Mr. Nordby mentioned roof-top mechanical units are proposed for the office area and they will be painted to match the upper part of the building. Mr. Nordby said the existing ADA parking is sufficient for the building, even with the additional space. The hearing was opened for comments from the public. There were no comments. The public hearing was closed. Commissioner Yarwood moved the adoption of the resolution approving a revision to the condition use permit for the Salvation Army Church, located at 2080 Woodlynn Avenue. This change is to allow for the revision of their approved site plan to allow the expansion of their building. The city should approve this CUP revision based on the findings required by the ordinance. This approval shall be subject to the following conditions (additions are underlined and deletions are crossed out): Planning Commission -2- Minutes of 05-20-08 1. All construction shall follow the site plan dated April 21, 2008 as approved by the city. City staff may approve minor changes. 2. The owner or contractor shall start the proposed building additions within one near as required by ordinance. The council may extend this deadline for one vear. '~ nhilrl noro droll ho c4or4orl ~nii4hin nno door oc roni iirorl h~i nrrlinonno Th ~i inril mw ov~~c rlo~rllino fnr nno ~io~r 3. The city council shall review this permit revision in one year. Commissioner Hess seconded Ayes -all The motion passed. DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 27, 2008 I. CALL TO ORDER Chairperson Olson called the meeting to order at 6:04 p.m. II. ROLL CALL Boardmember John Demko Present Vice-Chairperson Matt Ledvina Present Chairperson Linda Olson Present Boardmember Ananth Shankar Absent Boardmember Matt Wise Present Staff Present: Shann Finwall, Planner V. DESIGN REVIEW a. Salvation Army (2080 Woodlynn Avenue) Planner Shann Finwall presented the staff report regarding the request from Salvation Army to expand their facility. Ken Nordby of NAI Architects and Don Tikhouse from the Salvation Army were present at the meeting. Mr. Nordby explained that the proposal is a fairly simple addition and that they tried to hold with the existing architectural value. Mr. Nordby said he and Mr. Tikhouse would be happy to address any questions the board might have. Boardmember Wise asked if they planned to match the existing brick on the present building. Mr. Nordby responded that the brick is still available and are trying to match it, but they have not seen a sample at the site yet. Boardmember Ledvina asked about the materials for the retaining wall. Mr. Nordby responded that abuff-colored keystone retaining wall is planned and will be about 30 inches high on the woodland side with the rainwater garden sloping up to it on the inside. Boardmember Olson asked about the plans for the parking lot. Mr. Nordby replied that their proposal is to either overlay or seal coat the parking lot. Mr. Nordby said the parking lot lighting would be repaired and then reinstalled. Mr. Nordby said the roof will match the roof that was installed on the daycare building. Boardmember Ledvina moved to approve the project plans dated April 21, 2008 for the remodeling and expansion of the Salvation Army Lakewood Chapel at 2080 Woodlynn Avenue. The city bases this approval on the findings required by code. This approval is subject to the applicant or contractor doing the following: Community Design Review Board 2 Minutes 05-27-2008 Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a grading or building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, retaining wall, tree, sidewalk, driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. (b) Include contour information for all the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. The ponds or basins shall meet the city's design standards and shall include best management practices and rainwater gardens wherever practical. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood-fiber blankets and seeding them with a "no mow" native vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city and a fence on the top to help prevent falls. The design and materials for the retaining walls are subject to staff approval. (f) Show all public and private sidewalks. (3) The tree plan shall: (a) Be approved by the city engineer or city environmental planner before site grading or tree removal. (b) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (c) Show the size, species and location of the replacement trees. The spruce and pine trees shall be at least eight feet tall and shall be Austrian Pines or Black Hills spruce. (d) Show no tree removal beyond the approved grading and tree limits. (4) Make all the changes and meet all the conditions as required by the city engineer and as noted by Steve Kummer in the memo dated May 8, 2008. Community Design Review Board 3 Minutes 05-27-2008 b. Submit a certificate of survey for all new construction. c. Submit a revised landscape plan to staff for approval that incorporates or shows the following details: (1) The location of all large trees on the site. (2) That all new trees would be consistent with city standards for size, location and species. (3) The plantings proposed around the building shown on the landscape plan date- stamped April 21, 2008, shall remain on the plan. (4) No landscaping being put in the Woodlynn Avenue boulevard. The contractor shall restore the boulevard with sod. d. If necessary, get the approvals and permits from the watershed district. e. Provide city staff with design details (height, depth and materials) about the proposed retaining walls, including any fencing for those that are more than four feet tall. f. Submit to the city a letter of credit or cash escrow for all required exterior improvements. The amount of the escrow shall be 150 percent of the cost of the work. 3. Complete the following before occupying the building additions: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the ponding areas, which may be seeded. c. Install ahandicap-parking sign for each handicap-parking space and an address on the building. In addition, the applicant shall install "no parking" signs along all the driveways and drive aisles within the site and elsewhere, as may be required by staff. d. Paint any visible roof-top mechanical equipment to match the uppermost part of the building. (code requirement) e. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. All light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and from adjacent properties. f. The developer or contractor shall: (1) Complete all grading for the site drainage and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. 4. If any required work is not done, the city may allow temporary occupancy if: Community Design Review Board 4 Minutes 05-27-2008 a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the contractor finishes the new parking lot in the fall or winter or if the building additions are occupied in the fall or winter, or within six weeks of occupancy if the building additions are occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. City staff may approve minor changes to the project plans. 6. This approval does not include signage. All proposed signs must be approved the community design review board and the applicant shall get sign permits from the city before the installation of any signs. Boardmember Wise seconded Ayes -all The motion passed. Agerx~a No. L2 Memorandum To: Chuck Ahl, Acting City Manager From: Bob Mittet, Finance Director Date: June 4, 2008 Re: Proposed Capital Improvement Plan Attached is the 2009-2013 Capital Improvement Plan submitted for City Council Approval. Also attached are the Minutes of the May 6, 2008 Planning Commission meeting. The Planning Commission approved the draft CIP unanimously. Additionally, the Parks Commission has reviewed the CIP on several occasions and is scheduled to make a recommendation to the City Council this evening. This recommendation will be forwarded to the Council separate from the rest of the packet. This edition of the CIP seeks to maintain spending over the next 5 years at the same level as was approved last year for the 2008 - 2012 CIP. Total spending from 2009 - 2013 is recommended at $76.7 million, a .5% increase from last years CIP. It should be noted that this edition includes a listing of projects with a total cost of $13 million that are not recommended for inclusion. These are worthwhile projects but not affordable in the opinion of staff. Some key points to be noted: 1. We recommend continuation of the City's roadway reconstruction program that was begun in early 2007. This plan calls for $10 million per year through 2013 to get streets up to a manageable level of maintenance. Very favorable bidding conditions over the past two summers have lead to acceleration of some projects. Expenditures for 2008 were estimated to be $14 million with actual costs anticipated to be closer to $12,000,000. Staff may request approval in the future to accelerate some projects if conditions remain favorable. 2. The Gladstone redevelopment initiative remains significant. Phases II & III are new to this CIP as the City continues in its efforts. The other redevelopment June 5, 2008 project, Hillcrest, has been deferred until Gladstone progresses further and funding becomes available. 3. Parks and trails will continue to be significant to City spending. Park Development Fund revenues are slowing down and are difficult to predict. As revenues become available, staff will fund park and trail initiatives within this plan. 4. Equipment, particularly vehicles will continue to be maintained so as to maximize the vehicle's existing life. Expenditures are planned for replacement of ambulances, fire trucks, squad cars and public works vehicles and equipment. The anticipated level of spending will cause city debt to remain level from 2008 through 2009 with increases thereafter. Debt of $74.5 million at the end of 2008 is anticipated to grow to $89.6 million at the end of 2013 at which time city expenditures on streets should slow down and we will start to see declines in borrowing. Staff recommends adoption of the CIP as amended herein. The CIP is a separate document, and can be found on the City of Maplewood's website. 2 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 6, 2008 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:05 p.m. II. ROLL CALL Commissioner Joseph Boeser Present Vice-Chairperson Tushar Desai Present Chairperson Lorraine Fischer Present Commissioner Harland Hess Present Commissioner Robert Martin Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Joe Walton Present Commissioner Jeremy Yarwood Present Staff Present: Ken Roberts, Planner Chuck Ahl, Acting City Manager Bob Mittet, Finance Director V. PUBLIC HEARING 7:10 p.m. 2009-2013 Capital Improvement Plan Acting City Manager Chuck Ahl presented the staff report, explaining that there are $76 million in projects and improvements included in this proposed plan. Mr. Ahl said this capital improvement plan includes only cone-half percent increase in proposed spending and the reason for this is that the city does not have the funds to do what staff has identified as needing to be done. Mr. Ahl discussed the projects that will not be done and are not included in this capital improvement plan due to lack of funds. Commissioner Trippler said in reference to Mr. Ahl's comment that Maplewood's residential values have decreased four percent, that he recently met with a realtor who advised him that metropolitan area residential values have decreased by nine percent. Mr. Ahl responded that Ramsey County's residential values have decreased by nine percent, but Maplewood's residential values have decreased by four percent. Commissioner Martin questioned staff as to how the projects are prioritized and deferred. Mr. Ahl responded that it is a combined effort of using city staff's knowledge and experience. Mr. Ahl explained using the example that all streets are evaluated and rated by city engineering staff every three years, with the worst rated streets being repaired the first year of the plan. Commissioner Yarwood asked how state aid funding is dispersed and if it can be used only for designated projects. Mr. Ahl responded that state aid projects can be ninety percent bonded and state aid funds can be used only for the specific project designated. Planning Commission -2- Minutes of 05-06-08 Commissioner Hess asked what the funds designated for Gladstone Savanna would be used for. Mr. Ahl responded that the city has received a Pollution Control Agency grant to do an environmental analysis and cleanup of the chemicals left in the railroad yard area of the savanna. Commissioners asked questions regarding some specific city projects and asked staff to explain how projects are financed and budgeted and the project bonding process. Staff responded with the information requested. The public hearing was opened for comments from the public. There were no comments. The public hearing was closed. Commissioner Pearson moved to approve the 2009-2013 Capital Improvement Plan. Commissioner Trippler seconded Ayes -all The motion passed. Commissioner Yarwood said he wanted to inform the city council that he feels strongly that the city needs to make a significant, upfront investment in the Gladstone area phase one project in order to see this project move forward successfully. CITY OF MAPLEWOOD PARK COMMISSION MEETING MINUTES Wednesday, April 16, 2008 Council Chambers -Maplewood City Hall 1. Call to Order Commissioner Fischer called the meeting to order at 5:30 p.m. 2. Roll Call Commissioner Peterson Absent 3. Approval of Agenda Additions to Agenda: Commissioner Binko asked to add an item under Other- Creation of City positions. Commissioner Fischer added comments from letter sent by Mr. Kantrud regarding the city ordinance of televising Commission meetings. Commissioner Fischer also would like to add the Parks 2007 Annual Report. Commissioner Christianson added Commissioner Comments to the agenda as a regular agenda item. Commissioner Brannon made a motion to approve agenda as amended, seconded by Commissioner Christianson. All -ayes 4. Approval of Minutes The minutes from the March 19, 2008 were distributed this evening. Commissioner Sonnek motioned to table the approval of the minutes to the next meeting Commissioner Yang seconded the motion. All-ayes. 5. Visitor Presentations Ron Cockriel - 943 Century Avenue - In November on the ballot, there will be referendum legacy clean water and land, protective legacy amended for land - www.yesformn.org -for more information. Last night the Planning Commissioner reviewed Carver Crossing proposal in the Fish Creek Corridor. The Planning Commission unanimously turned down CoPar's proposal. The senior planner then stated goals and responsibilities need to be set in place for the park plan. There is hope to have a trail in the Fish Creek Corridor. Carver Ski Jump, an Olympic class ski jump. The Ski Jump is national and international piece of equipment. Mr. Cockriel stated this is an important piece to think of when developing trails in that area. Smart Parks look at all resources in area. 6. Conservation Easement Update -Sarah Strommen, Minnesota Land Trust -Ginny Gaynor, Open Space Naturalist. There is a report in the meeting packet from staff. Mr. Konewko introduced Sarah Strommen and Ginny Gaynor. The presentation has two objectives; give the Commission a status report and field any Revised May 26, 2008 with Commission amendments. questions concerning conservation easements and including where we hope to go after Phase One is complete. Ms. Strommen -The goal is to provide an update on where we are at and get feedback regarding the restrictions on two of the conservation easements being worked on. The timeline is self explanatory. We are approaching the mid-point of the project. We are in the implementation phase which will be drafting conservation easements. Jim's Prairie and the Priory selected from a set of 5 top priorities. Ms. Strommen is looking for feedback. Ms. Strommen hopes to have the conservation easement drafts complete by June or July. Land Owners Guide to Conservation Easements is also included in your packet. The Guide highlights that all Conservation Easements are unique, permanent and perpetual. The easements need to be precise to get it right the first time. Land use restrictions portions of the conservation easements includes crafting restrictions by prohibiting, limiting, allowing and, zoning activities. Categories of restrictions: 1. Industrial or commercial use would be prohibited at both sites. 2. Agricultural use would be prohibited at both sites. Specify that it would include harvest of any seed. 3. Residential Use and Development would be prohibited at both sites. 4. Structures and Improvements in Jim's Prairie would be prohibited with the exception of rustic structures and at the Priory prohibit structures except possibly for a limited size interpretive center, benches, and kiosks. Commissioner Roman stated his concerns that the City would not have input on prohibiting building. It would be a joint decision with the Land Trust having final approval. Commission Christianson asked about public access. This would be flexible but the easement would clarify passive activity versus active uses of the property. Commissioner Brannon expressed a concern with not having formal trails on the sites stating his concern for erosion created by informal trails. He also stated that the easements ties the City's hands forever on the properties. 5. Utilities would generally be prohibited at both sites. Language will be reviewed by Public Works for this section. Utilities at the Priory for a possible interpretive center may be allowed. 6. Division of the property would be prohibited at Jim's Prairie and limited division at Priory to two parcels. If there were an interpretive center on the site it might be an option for an educational institution to own it and that would be reason for division of the parcel. 7. Development Rights would be extinguished by the easement. Also the development rights could not be transferred to another property. Revised May 26, 2008 with Commission amendments. 8. Rights of Way access across these properties to facility development on an adjacent piece of property would not be allowed. 9. Mining would be prohibited at both sites. 10. Signs would prohibit large billboard type signs. Small or unlighted signs for interpretive purposes would be allowed and a designating the name of the park would be allowed. 11. Roads and Trails the easement would prohibit paved roads. There may be a need to provide vehicle access for safety issues and habitat management. At the Priory trails would be allowed. At Jim's Prairie there could possibly be a boardwalk as long as it is not harmful to the integrity of the wet prairie. Discussion of the Management Plan: Commissioner Christianson was concerned with the City expense involved with a management plan. • A Management Plan would be developed every two years. • Ms. Strommen stated that the Land Trust would not be prescriptive to the management plan. The management plan should be viewed as a cooperative effort. • Management fees on these parcels would have been $40,000 for the five sites. It will obviously be less for the two sites. Final numbers have not been developed for the two sites. • The cost to the City would also have some of the project costs that be incurred in the development of the easements. Commissioner Brannon commented that the wording on the vegetation habitat management of the two easements differ. One implies there needs to be a management plan and the other implies that a management plan needs to be followed. He wondered why there was a difference. Ms. Strommen stated the difference is because if there is not active management going on there is no need for a management plan. If there is active management going on a management plan is required. Since Jim's Prairie is a wet prairie, to maintain its integrity, it requires active management and a management plan is required. Who develops the management plan? Ginny is working on the management plan for Jim's Prairie. Commissioner Brannon had concerns with costs involved in the management plan. Ginny stated the primary conservation goal of Jim's Prairie is ecological quality. The Land Trust will approve the management plan. The City will write the management plan and the Land Trust will approve it. Commissioner Christianson wondered why we need a conservation easement when the staff has been doing a good job managing the land now. The management plan will Revised May 26, 2008 with Commission amendments. be more goal orientated than specific methods. Such as maintaining and preserving the diversity of the land. Commissioner Fischer stated we need a management plan because in time people involved and priorities change. Conservation easements would enforce us to maintain and preserve these areas. Commissioner Brannon had concerns about mandatory buck thorn removal. Commissioner Schmidt stated that there is a good relationship between the Land Trust and the City now. Her concern is that the Land Trust may become more aggressive. How is the relationship between the Land Trust and the City going to change? Commissioner Christianson questioned bringing in a third party. Commissioner Fischer asked, if the open space task force looked at this? Yes they have. Staff working with the Land Trust decided on these two sites for Conservation Easement. Commissioner Sonnek stated any legal agreement has a way out. Ms. Strommen stated yes but it is stated that only through judicial review could the easement be extinguished. If the purpose for the easement no longer exists (the ecological value no longer exists) then the easement can be canceled. Commissioner Binko would like to have these two parcels put into a Conservation Easement. Commissioner Yang would like to preserve these land parcels. Commissioner Sonnek asked if the Conservation Easement would prohibit the sale of the land? No, sale could done but it is subject to the restrictions of the conservation easement. 12. Surface alteration, water, vegetation Habitat would be prohibited unless there is an approved management plan. Buck thorn removal would be okay. 13. Dumping would be prohibited. 14. Vehicles would be prohibited except for park maintenance or vegetation management. 15. Recreational or educational use that doesn't conflict with the conservation value of the parcels. Commission Responses: Commissioner Brannon stated concerns about trails at Jim's Prairie. Ms. Strommen will work with staff to clarify this. Human deer trails are allowed. Commissioner Fischer asked about trails and fencing. Currently the site is fenced off for protection. Revised May 26, 2008 with Commission amendments. • Commissioner Binko commented that we need a management plan for these parcels. Commissioner Brannon doesn't have a problem with the management plan but that the Land Trust has the approval rights over the management plan. Commissioner Binko asked if the Land Trust had guidelines and bylaws. Ms. Strommen stated the MN Land Trust is anon-profit with a conservation mission. She also was wondering if the management plan could be "frozen" with the current parameters. At Jim's Prairie the holder and grantor is bound to a conservation purpose to maintain the ecological value of the land. • Commissioner Christianson concerned about the management plan and how it is approved and who makes the decision to accept the management plan. Commissioner Brannon asked if there could be monetary cap of items needed to be done in the management plan. He is not willing to impose tax dollars without the vote of the citizens. • Mr. Konewko stated there will be another opportunity to bring this back again. Staff will work with the Land Trust and revisit the concerns of the Commission. If you have questions or additional thoughts, contact Ms. Gaynor. Commissioner Schmidt questioned what federal laws or regulations supersede any state laws on land trusts. Could that be answered next time? 7. Comprehensive Sidewalk and Trail System Plan -John Horn, Kimley-Horn & Associates Comprehensive Trail Plan -Jim Horn will give an overview of where we are at, a brief overview of the draft goals, look at existing system, trail connection and proposed trail system plan. Draft goals and objectives - City is committed to providing trail connections that encourage residents to bike, walk and stay active. Maplewood needs an overall plan to identify future sidewalks and trails in the City. DRAFT GOALS AND OBJECTIVES: Goal 1: To acquire, develop, and maintain an interconnected trail systems for transportation, recreational and educational purposes. • Emphasize harmony with the environment. Create a network of relatively interrupted hiking, walking, biking trails. • Tie parks together into comprehensive system. • Tie city trail system into neighboring trail systems. • Delineate trails use categories to improve accessibility and efficiency. • Protect users from vehicular traffic. Revised May 26, 2008 with Commission amendments. • Identify potential easements where land acquisition is necessary. Goal 2: To promote and encourage residents to be active through the development of an efficient and accessible trail system. • Create signage to provide direction and education for users. • Encourage residents to commute and to access natural and commercial resources using non-motorized vehicles. Create user friendly trail connections. • Promote use of trail system by using innovative tools. A map of the current system was shown to the Commission. Maps of adjacent neighborhoods were also shown to show connectivity. Proposed trail system: North to south. County Road D -build sidewalks to fill in the gaps. • Lake Links Trail -missing connections, make new connections by the Mall, along Woodlynn, and to tie in to the Lake Links Trail all the way to Joy Park. • Beam Avenue -sidewalk connecting gaps. • What should be trails and what should be sidewalks? It was proposed that on county roadways trails would be used. County Road C -Trail extensions to fill in gaps. • The goal is to have off road trails. Gervais -fill in sidewalk system. • Hazelwood to Hwy 36 to Frost -Sidewalk on eastside. Working with MnDOT to provide a connection and safe crossing of Highway 36. • Hazelwood trail connection to Sherwood Park. County Road B trail extension that would promotes connection to Vento Trail and schools. Gladstone dual sidewalk system along Frost -all the way to White Bear, there are also trail connections along East Shore Drive, under Frost and to Hwy 61. • Ripley has a trail connection. • Trail on County Road B that connects with Roseville. • Trail connection along Larpenteur Avenue. That ties into existing trail systems. Sidewalk extension along Edgerton. • Along Larpenteur - to Century Sterling Street possibly a trail. • Asked for comments: • Proposal for the Maplewood side of the street for Silver Lake? Trail extensions. Trying to work out details with MnDOT and others to get trail through that area. Revised May 26, 2008 with Commission amendments. • Commissioner Binko -Are there any proposal for alternates to Larpenteur and Roselawn because of traffic. She expressed her concern about the environmental piece of the trail system. • Mr. Horn stated the goal would be to have off road trails. He also stated that all trails will not meet all the objectives. • Commissioner Roman asked if the sidewalk on Hazelwood would be on eastside of Frost to Hwy 36? Answer is yes. Trail into Sherwood Park where does it end? It will run to Kennard. Where does the trail Hazelwood to the Vento Trail where would it connect to go back north? Gervais would have the connection back.On Ripley between Wakefield to Phalen what type of trail will that be? Details still are being worked out depending on Gladstone Master Plan. Commissioner Roman stated that new street construction in Maplewood is using narrower streets. Expressed concern about trail and sidewalk area along the streets. • Commissioner Brannon stated it might be nice to have a place holder for a trail under Highway 36 to Spoon Lake. • Commissioner Binko pointed out a trail missing on the map. • County Road B between White Bear Avenue and Hwy 61, what kind of trails. Goal is off road but it is tight. • Connection along Century. • Extension along Sterling crossing the railroad tracks and around Jim's Prairie. • Trail system along Stillwater to tie in Beaver Lake and Nature Center • Sidewalk extension along Minnehaha and Conway. • Along Sterling connection to Henry Lane. Some discussion took place about connection to Fish Creek Open Space area • Connection on Linwood and Carver along Sterling. Comments: Commission Binko asked about animal roadways. Mr. Horn explained that not all trails can accommodate all the goals. Commissioner Sonnek stated you need to be practical. Commissioner Binko stated there are other streets that are not as busy as the ones designated by the trail map. Her concern is with safety. Ron Cockriel -Concerned with the concept of narrowing our roads because we are not a sidewalk driven city. He is concerned with the hierarchy of biking and walking on trails/sidewalks. He would like to see trails that can be used by bikers and hikers. Commissioner Fischer commented that some trails on roads vary in width. Could there be a standard made for minimum width of on road trails? Width of trails will vary depending on the roadway. State-aid roadways have gas tax dollars attached to trails. Revised May 26, 2008 with Commission amendments. Ron Cockriel stated that there is a MnDOT minimum of 5 feet depending on speed limit of street. Mr. Konewko asked if the Commission saw any deficiencies in the proposed trails. Commissioner Binko stated there didn't seem be anything going East/West besides the Gateway Trail. There doesn't seem to be anything between White Bear and McKnight going east/west. Commissioner Sonnek stated a path along North St. Paul Road might be beneficial. Ron Cockriel stated there could possibly be a connection on Linwood over to McKnight might help. Commissioner Fischer - Highwood -Should there be a trail in that area? If road was redone would like to see a trail through there? Commissioner Sonnek - Is it the City's intention to look at possible trails/sidewalks each time there is road construction? Mr. Konewko answered yes. Ron Cockriel suggested a connection between Beaver Lake Elementary and Stillwater. Commissioner Sonnek -Will discussion with neighbors also be involved in decision making of putting in sidewalk and trails with road construction? Mr. Konewko said ultimately it is up to the Council but they usually involve residents. Commissioner Fischer -McKnight and Larpenteur area - Is there a trail provision that will run along the old street car trail? Ron Cockriel -North of Larpenteur by Hill Murray - 70 acres of wetlands will there be a trail through there? Mr. Horn thanked the Commission for there input. Mr. Konewko said there will be an Open House for more comments on April 22 at Carver School. 8. CIP Discussion -Proposed Projects 2009-1013 Mr. Konewko stated that information was included in the packet was his understanding of what was discussed at the last meeting. After talking to the Finance Director there have been changes. Applewood needs to be canceled from the 2009 plan; the money will come from this year to complete. Mr. Konewko has series of meetings set with the Finance Director to discuss 4.6 million. They are looking at holding us to last years level of 3.7 million and possibly less. Mr. Konewko will bring back more information on May 7 with proposed cuts. All City departments will need to cut back. The Commission will have to come back and find a way to reallocate where the money will be spent. Commissioner Brannon asked about Gladstone if those dollars were hard and fast? Mr. Konewko believed that it was. Commissioner Sonnek asked if this is the same pot of money that the Gethsemane purchase would come from? Mr. Konewko stated yes. Revised May 26, 2008 with Commission amendments. Commissioner Fischer stated that at the Planning Commission meeting some land that was not initially developed could possibly be developed and there may be a referendum to purchase the land. Mr. Konewko stated he believed this was all in the thought process. Mr. Konewko will find out more information and bring it back to the Commission. 9. Gethsemane -Responses to Commissioner's Questions Mr. Konewko -Questions and Answers to Commission's questions. Are there other parcels of land for sale in the area? Answer -There are no private parcels in a half mile of that park. There are smaller parcels but not conducive to creating a park. Is there availability of existing parks? Within a half mile of the park there is the Nature Center, Geranium Park, within one mile Lion's Park and Ramsey County Park, and the Beaver Lake Trail system. The lot immediately adjacent to Gethsemane on the southwest corner of Stillwater Road that parcel was involved in an oil spill. With consultation with PCA they would not allow any activity on that property for at least another 5 years. Commissioner Sonnek thanked the staff for their good work. Commissioner Brannon asked if some of the properties may be viable and does it need to be as large as Gethsemane. The staff tried to compare the parcels using similar use and amenities. But if the Commission feels they could change the amenities then they could look at smaller parcel. 10. Nature Center Update -Staff will provide Commission with quarterly updates. Mr. Konewko recommended that there would be a comprehensive quarterly updates not monthly updates. The reports would possibly given by Ms. Hutchinson and/or Ms. Gaynor. Commissioner Fischer mentioned that there is a clean up this Saturday. If you know of groups that would be interested in this clean up please call the Nature Center to register. They will prepare a kit for the group. Commissioner Sonnek asked it supplies could be made available for other days? Mr. Konewko stated yes. 11. Open Space/Preserves Update -Staff will provide Commission with quarterly updates. Mr. Konewko stated that the updates on the Open Space/Preserves would also be quarterly. 12. Comprehensive Plan Update -Land Use Discussion-Open House Dates Mr. Konewko stated there will be an Open House on April 22 at Carver Elementary School and another Open House on May 22, more information to come. At the May 7th meeting the Commission will be going over the Comprehensive Plan -Land Use portion -along with that he will bring back additional information on the CIP. At the meeting on May 21St the Commission will be going over the draft Parks Plan. Revised May 26, 2008 with Commission amendments. Also Karen Guilfoile, Pauline Staples and Doug Taubman will give an update on recreation programs. This will also be quarterly. 13. Diversity Discussion Mr. Konewko stated staff is still working on this. Staff is trying to reach out to more citizens. Hopefully the Open Houses will bring more residents in. The City is looking at a new Web site vendor and hopefully the diversity piece will be rolled into this new site. Commissioner Binko asked if there was any recruitment for the Earth Day Event? Mr. Konewko stated that it was in the last two City News Issues and posted on the Web site. He is not aware of any targeting recruitment that was done. Commissioner Schmidt commented that she made up a flyer last year and circulated through her neighborhood. Commissioner Binko said that was a good way to do it. Mr. Konewko agreed, it should be a grassroots effort. 14. Continuation of Joy Park Discussion Mr. Konewko stated he will come back with more information at the May 21St meeting concerning costs associated with design and boat launch. The Commission should be looking at setting some dates in the future to talk about a dog park. Commissioner Fischer stated the Commission needs to focus on current plan and possibly look into the dog park in late summer. Mr. Konewko invited Commissioners to do some leg work on the dog park issue. Commissioner Sonnek volunteered to get information on dog parks. Commissioner Sonnek asked if we were ruling out the south part of Joy Park for the dog park? Mr. Konewko and Commissioner Fischer stated that it should be open. 15. Continuation of Lion's Park Discussion Mr. Konewko will have a staff report at the May 21St meeting. It may be put off until June since that meeting will have a very full agenda. 16. Other Commissioner Binko -City creating new positions -There was rumor that they were developing a new Park Director position? What role will the Parks Commission play? Mr. Konewko stated he needed to do some research on that issue right now he is not aware of any new position for this year. Review of televising of all meetings -Commissioner Fischer thought the letter from Mr. Kantrud was sent to all Commissioners but the letter was only sent to the Chairs of the Commissions. Mr. Kantrud is looking for input on the ordinance by today. Commissioner Fischer asked for any concerns or questions. Would park tours or off-site meetings be exempt from this ordinance? Mr. Konewko will get clarification on location of meetings and broadcasting. Commissioner Sonnek doesn't feel it is appropriate to televise interviews for Commissions and Boards. Commissioner Brannon is concerned if the Commission needs to hold a meeting and there was a conflict with the televising part. Mr. Konewko said they would work through this. Revised May 26, 2008 with Commission amendments. Commissioner Fischer stated that we need to get the Parks Commission Annual Report for 2007 completed. Commissioner Fischer put together a draft. He asked Commissioners to please come back with any edits at the May 21St meeting. Then he will update it and it will be sent out Commissioner Comments: Commissioner Christianson asked that Commissioner's Comments always be an Agenda Item. Mr. Konewko stated he will do this. Commissioner Roman had a question about the minutes of March 13tH meeting? Mr. Konewko stated those minutes are coming. He also commented that he would like to talk about advantages and disadvantages of a dog park and then talk about a location. Commissioner Sonnek asked if any of the commissioners wanted reports on dog parks before the August meeting. Commissioner Binko stated yes. Commissioner Christianson would like to visit a few existing dog parks to see what they are and how the are Commissioner Sonnek stated there are fees for some for some of the Minneapolis Parks. Commissioner Schmidt had no additional comments. Commissioner Sonnek enjoying being on the Commission and getting to know people. Commission Binko no comments. Commissioner Yang wanted to make sure minutes, packets and agendas were posted to the Web site in a timely manner. Mr. Konewko stated there are some issues but staff is aware of the problem and is working on getting the information posted in a more timely. Commissioner Brannon no comments. Commissioner Fischer no comments. 17. May Special Meeting proposed date -May 7, 2008 beginning at 6:30 p.m. -Land Use Comprehensive Plan Discussion with Jennifer Hasskamp. Mr. Konewko stated he would also have some of the CIP items done. There may be a few other agenda items. But he would like the May 7tH meeting to be focused on the Comprehensive plan. There may be problems with having a quorum that evening. Is there another date that we can look at? It looks like there may only be six Commissioners that would be able to attend. Mr. Konewko will poll Commissioners on the May 7th meeting. The Commission will be discussing the draft park plan on May 21St. along with other agenda items so that meeting will have a full agenda. Mr. Konewko would like to start that meeting earlier. Dewey will poll the Commission to see if 6:00 would work. Revised May 26, 2008 with Commission amendments. 18. Adjourn -Stand Adjourned. Next meeting -May 21, 2008 Dewey will poll the Commission on the time of the meeting. There will be Recreational Program Updates at that meeting. Revised May 26, 2008 with Commission amendments. Agenda Item L3 AGENDA REPORT TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Rush Line Corridor Task Force -Consider Resolution Approving Amended and Restated Joint Powers Agreement DATE: June 4, 2008 INTRODUCTION/SUMMARY Ramsey County Regional Rail Authority (RCRRA) is requesting approval of an amended Joint Powers Agreement. The purpose of the amendment is to establish procedures for raising funds, if needed, along with some clarifications of definitions and the executive committee. Council Member Rossbach is the current Council representative to the Rush Line Corridor Task Force. Approval of the attached resolution is recommended. RECOMMENDATION It is recommended that the City Council adopt the attached resolution which approves the Amended and Restated Joint Powers Agreement for the Rush Line Corridor Task Force and authorizes the Mayor to sign the Agreement. Attachments: 1. Resolution 2. Letter to Acting Manager Ahl from RCRRA 3. Letter to Manager Copeland from RCRRA 4. Amended and Restated Joint Powers Agreement L3 Attachment 1 RESOLUTION WHEREAS, the Rush Line Corridor is defined as the transit way corridor originating in St. Paul in Ramsey County and extending north from Ramsey County and through Washington, Chisago, Pine, and Carlton Counties to Duluth in SL Louis County; and WHEREAS, the City of Maplewood, is committed to preserving this corridor for future rail transit alternatives; and WHEREAS, The Rush Line Corridor has significant transportation, safety, and land use issues; and WHEREAS, There are opportunities for a variety of multi-modal transportation improvements in the corridor, including highway, commuter and freight rail, bus rapid transit, multi-use paths and/or recreational trails including bicycle trails, and Intelligent Transportation Systems (ITS); and WHEREAS, The Rush Line Corridor Task Force consists of cities, counties and towns from St. Paul to Duluth; and WHEREAS, the City of Maplewood, wishes to collaboratively plan for multi-modal transportation improvements to the corridor and for the related land use and development impacts; and WHEREAS, The Task Force has completed a transit study on the Rush Line Corridor, and determined that planning for bus, bus rapid transit, and commuter rail in the Rush Line Corridor should continue; and WHEREAS, the Minnesota Department of Transportation has completed a study of the restoration of passenger service from the Twin Cities to Duluth and the Iron Range, and determined that additional analysis should continue; and WHEREAS, Minn. Stat. § 174.80 et seq. grants authority and responsibility to Mn/DOT to design, develop, construct, and operate commuter rail in Minnesota and to enter into agreements with joint powers boards to carry out these responsibilities; and WHEREAS, the Rush Line Corridor Task Force intends to work collaboratively with MN/DOT and the Metropolitan Council for the planning and development of commuter rail or other rail or rail beneficial related transit modes in the Rush Line Corridor; and WHEREAS, it is the desire of the parties hereto to amend the restate the March 31, 1999, Joint Powers Agreement; Now Therefore Be It RESOLVED, That the City of Maplewood approve the Amended and Restated Joint Powers Agreement for the Rush Line Corridor Task Force and authorizes the Mayor to sign the Amended and Restated Agreement. L3 Attachment 2 ~qy ~ 6 208 Rc~r~sey County Regio~aal Rt~ilr®ce~l ~-u~hority 65b0 iZamsey County Government Center-West, 50 West Kellogg Boulevard fit. Paul, Minnesota 55102 (b5 ~ j 2bb-27b0 /FAX (b51 j 2bb-27b 1 May 14, 2008 Chuck Ahl Interim City Manager City of Maplewood ~ 830 County Road B East - Maplewood, MN 55109 Dear Chuck, Per our conversation yesterday, i am enclosing the Amended and Restated Joint Powers Agreement for the Rush Line Corridor. I am also enclosing the letter sent to Mr. Copeland in 2006. i am requesting that your city council approve the Amended and Restated Joint Powers Agreement at an upcoming meeting. I have enclosed a sample resolution, though please feel free to modify it. if you have questions, please contact me at alicia.vap@co.ramsey.mn.us or 651- 266-2773. Thank you again for taking care of this. Sincerely, Alicia Vap, AICP Senior Transit Planner enclosures Printed on Recycled Paper ~ ~ L3 Attachment 3 665 Government Center West, 50 West Kellogg Boulevard Saint Paul, Minnesota 55102 Phone: (6v1) 266-2760 Fax: (651) 266-27fi1 www.rushlinecorridor.cam April 24, 2006 -Greg Copeland Interim City Manager City of Maplewood 1830 County Road B East Maplewood, MN 55109 Dear Mr. Copeland, Enclosed please find the final Amended and Restated Joint Powers Agreement (JPA) recently approved by the Rush Line Corridor Task Force at their April 12, 2p05, meeting. This version of the JPA is slightly different from the February version you may have seen last. The differences are highlighted below: Article 8, Funding-There was no mechanism to raise funds in the proposed agreement. As with the current JPA, only Financial Partners (counties and regional railroad authorities) would be responsible for funding to the Task Force. Article 8 outlines that if necessary, the Task Force could collect from the Financial Partners funds for administrative costs. Funds would be sought based on recent county corridor population. Currently, the Task Force does not seek financial contributions from Financial Partners, nor are there plans to request administrative funds, with the exception of corridor insurance. • Article 1, Definition, Corridor county popuation-This coincides with the above comment. A definition was added for this term. • Article 7, Paragraph B, Executive Committee-This is a new item that was added to give the Financial Members a mechanism to develop and make recommendations to the Task Force. am requesting your jurisdiction officially approve the Amended and Restated JPA during an upcoming county board, city council, or town board meeting. I've enclosed a sample resolution for your convience, though fee] free to modify it to meet your needs. Members include: Regional Railroad Authorities of Chisago, Ramsey, Washington Counties; Anoka County, Aine County, the Cities of Forest Lake, Harris, Hugo, little Canada, Maplewood, IVor#h Branch, Rush City, White Bear Lake, and Wyoming; White Bear Township; and Wyoming Township. Page 2 Rush Line JPA April 24, 2006 Please return to me a signed resolution from your jurisdiction's meeting, as well as the signed signature page from the Amended and Restated JPA. When the JPA has been fully executed by all original members, I will send out the fully executed agreement for your files. If you have questions about the agreement, or other questions, please contact me at 651-266-2773. -'Sincerely, Alicia Vap, AICP Ramsey County Members include: Regionai Railroad Authorities of Chisago, Ramsey, Washington Counties; Anoka County, Pine County, the Cities of Forest Lake, Harris, Hugo, Little Canada, Maplewood, North Branch, Rush City, White Bear Lake, and Wyoming; White Bear Township; and Wyoming Township. L3 Attachment 4 AMENDED AND RESTATED JOINT POWERS AGREEMENT This Amended and Restated Joint Powers Agreement, hereinafter together with any supplements, amendments, or exhibits (AGREEMENT) is made and entered into on this day of 200 by and between ANOKA COUNTY (ANOKA}, CARLTON COUNTY (CARLTON COUNTY), CHISAGO COUNTY REGIONAL RAILROAD AUTHORITY (CHISAGO}, PINE COUNTY (PINE}, RAMSEY COUNTY REGIONAL .RAILROAD AUTHORITY (RAMSEY), ST. LOUIS AND LAKE COUNTIES REGIONAL RAILRAOD AUTHORITY (ST. LOUIS/LAKE}, WASHINGTON COUNTY REGIONAL RAILROAD AUTHORITY (WASHINGTON), the city of ASKOV (ASKOV), the city of ATKINSON (ATKINSON}, the city of BARNUM (BARNUM), the city of BEROUN (BEROUN), the city of BRUNO (BRUNO), the city of CARLTON (CARI,TON), the city of CENTERVILLE (CENTERVILLE), the city of CLOQUET (CLOQUET), the city of DULUTH (DULUTH), the city of DUQUETTE (DUQUETTE), the city of ESKO (ESKO), the city of FINLAYSON (FINLAYSON), the city of FOREST LAKE (FOREST LAKE), the city of GEM LAKE (GEM LAKE), the city of HARNEY (IIARNEY}, the city of HARRIS (HARRIS), the city of HERMANTOWN (HERMANTOWN), the city of HINCKLEY (HINCKLEY), the city of HUGO {HUGO), the city of KERRICK (KERRICK}, the city of LINO LAKES (LINO LAKES), the city of LITTLE CANADA (LITTLE CANADA), the city of MAHTOWA (MAHTOWA}, the city of MAPLEWOOD (MAPLEWOOD}, the city of MOOSE LAKE {MOOSE LAKE}, the city of NORTH BRANCH (NORTH BRANCH), the city of PINE CITY (PINE CITY), the city of PROCTOR (PROCTOR), the city of ROCK CREEK (ROCK CREEK), the city of RUSH CITY (RUSH CITY), the city of RUTLEDGE (RUTLEDGE), the city of ST. PAUL (ST. PAUL), the city of SANDSTONE (SANDSTONE), the city of STAGY (STAGY), the city of STURGEON Page 1 of 12 LAKE (STURGEON LAKE), the city of THOMPSON (THOMPSON), the city of WHITE BEAR LAKE (WHITE BEAR LAKE}, the city of WILLOW RIVER (WILLOW RIVER), the city of WYOMING (WYOMING), COLUMBUS TOWNSHIP (COLUMBUS), LENT TOWNSHIP (LENT), NICKERSON 'TOWNSHIP {NICKERSON), iZUSHEIiA TOWNSHIP (RUSHEBA), WHITE BEAR TOWNSHIP (WHITE BEAR TOWNSHIP}, and WYOMING TOWNSHIP (WYOMING TOWNSHIP), under the authority of and pursuant to the provisions of Minn. Stat. Chapters 398A and 471.59. WITNESSETH; WHEREAS, ANOKA, CHISAGO, PINE, RAMSEY, WASHINGTON, FOREST LAKE, HARRIS, HUGO, LITTLE CANADA, MAPLEWOOD, NORTH BRANCH, RUSH CITY, WHITE BEAR, WYOMING, WHITE BEAR TOWNSHIP, and WYOMING TOWNSHIP entered into a Joint Powers Agreement establishing the Rush Line Corridor Taskforce {TASK FORCE) pursuant to Minn. Stat. §§ 471.59 and 398A.04, subd. 9, said AGREEMENT dated March 31, 1999 and WHEREAS, ANOKA, CHISAGO, PINE, RAMSEY, WASHINGTON, FOREST LAKE, HARRIS, HUGO, LITTLE CANADA, MAPLEWOOD, NORTH BRANCH, RUSH CITY, WHITE BEAR, WYOMING, WHITE BEAR TOWNSHIP and WYOMING TDWNSHIP desire to amend and restate the Joint Powers Agreement and include CARLTON COUNTY, ST. LOUISILAKE, ASKOV, ATKINSON, BARNi.1M, BEROUN, BRUNO, CARLTON, CENTERVILLE, CLOQUET, DULUTH, DUQUETTE, ESKO, FINLAYSON, GEM LAKE, HARNEY, HERMANTOWN, HINCKLEY, KERRICK, LINO LAKES, MAHTOWA, MOOSE LAKE, PINE CITY, PROCTOR, ROCK CREEK, RUTLEDGE, ST. PAUL, SANDSTONE, Page 2 of 12 STACY, STURGEON LAKE, THOIVIPSON, WILLOW RIVER, COLUMBUS, LENT, NICKERSON, and RUSHEBA as a party to this AGREEMENT; and WHEREAS, the Rush Line Corridor is defined as the transitway corridor ariginating in St. Paul in Ramsey County and extending north from Ramsey County through Washington County, Chisago County, Pine County, and Carlton County to Duluth in St. Louis County; and WHEREAS, the Rush Line Corridor has significant transportation, safety, and land use issues; and WHEREAS, there are opportunities far a variety of multi-modal transportation improvements in the Rush Line Corridor, including highway, commuter and freight rail, bus rapid transit, multi- use paths and/or recreational trails including bicycle trails, and Intelligent Transportation Systems (ITS); and WHEREAS, the parties wish to collaboratively -plan for multi-modal transportation improvements to the Rush Line Corridor and for the related land use and development impacts, and WHEREAS, the TASK FORCE has campleted a transit study an the Rush Line Corridor, and determined that planning for bus, bus rapid transit, and commuter rail in the Rush Line Corridor should continue; and WHEREAS, the Minnesota Department of Transportation (Mn/DOT) has campleted a study of the restoration of passenger service from the Twin Cities to Duluth and the Iron Range, and determined that additional analysis should continue; and WHEREAS, Minn. Star. § 17.80 et seq. grants authority and responsibility to the Mn/DOT to design, develop, construct, and operate commuter rail in Minnesota and to enter into agreements with joint powers boards to carry out these responsibilities; and Page 3 of 12 WHEREAS, the TASK FORCE intends to work collaboratively with Mn/D()T and the Metropolitan Council for the planning and development of commuter rail or other rail or rail beneficial related transit modes in the Rush Line Corridor; and WHEREAS, it is the desire of the parties hereto to amend and restate the March 31, 1999, Joint Powers Agreement. NOW, THEREFORE, IN CONSIDERATION OF the mutual promises and covenants herein, the parties hereto agree as follows: ARTICLE 1. DEFINITIONS `"Unless context otherwise requires, the terms defined in this section shall have the meanings stated herein: 1. Agreement means this Amended and Restated Joint Powers Agreement. 2. Task Force shall mean the Joint Powers body established herein. 3. Financial Member means individually Anoka County, Carlton County, the Chisago County Regional Railroad Authority, Pine County, Ramsey County Regional Railroad Authority, St. Louis/Lake Counties Regional Railroad Authority, or Washington County Regional Railroad Authority. 4. Original Signatory shall mean, individually, Anoka County, Chisago County Regional Railroad Authority, Pine County, Ramsey County Regional Railroad Authority, Washington County Regional Railroad Authority, Forest Lake, Harris, Hugo, Little Canada, Maplewood, North Branch, White Bear, Wyoming, White Bear Township, and Wyoming Township. 5. Corridor county population means the population within the corridor of each county, with the corridor being defined as one mile on either side of the abandoned and active Burlington Northern Santa Fe (BNSF) railroad corridor in Ramsey County, roughly parallel to Hwy. 61, one mile on either side of the railroad corridor in Duluth, and five miles on either side of the railroad corridor for the non-urbanized portion of the corridor. If a different corridor were selected, the county corridor population would be measured on either side of that corridor instead. ARTICLE 2. PURPOSE The parties have entered into this agreement for the purpose of jointly exercising the powers granted to Regional Railroad Authorities organized under the provisions of Minn. Stat. Ch. 39$A, including but not limited to the acquiring and managing federal, state, and local funding in conjunction with the Minnesota Department of Transportation and the Metropolitan Council, and performing any Page 4 of 12 responsibilities delegated by the Commissioner of Transportation subject to the conditions that sufficient funds are received. ARTICLE 3. TERM This AGREEMENT shall be effective (EFFECTIVE DATE) when adopted by all ORIGINAL SIGNATORIES. The EFFECTNE DATE of this AGREF_,MENT shall be the date ox~ which the last ORIGINAL SIGNATORY approves the AGREEMENT by action of its governing board or council. This AGREEMENT shall remain in full force and effect until terminated by the parties pursuant to Article 9 of the AGREEMENT. CARLTON COUNTY, ST. LOUIS/LAKE, ASKOV, ATKINSON, BARNI_)M, BEROUN, BRUNO, CARLTON, CENTERVILLE, CLOQUET, DULUTH, DUQUETTE, ESKO, FINLAYSON, GEM LAKE, HARNEY, HERMANTOWN, HINCKLEY, KERRICK, LINO LAKES, MAHTOWA, MOOSE LAKE, PINE CITY, PROCTOR, ROCK CREEK, RUTLEDGE, ST. PAUL, SANDSTONE, STACY, STURGEON LAKE, THOMPSON, WILLOW RIVER, `COLUMBUS, LENT, NICKERSON, and RUSHEBA will became a party to this AGREEMENT on the later of the date approved by their governing body or the EFFECTIVE DATE herein slated. Provided, however, that if CARLTON COUNTY, ST. LOUIS/LAKE, ASKOV, ATKINSON, BARNUM, BEROUN, BRUNO, CARLTON, CENTERVILLE, CLOQUET, DULUTH, DUQUETTE, ESKO, FINLAYSON, GEM LAKE, H1IRNEY, HERMANTOWN, HINCKLEY, KERRICK, LINO LAKES, MAHTOWA, MOOSE LAKE, PINE CITY, PROCTOR, ROCK CREEK, RUTLEDGE, ST. PAUL, SANDSTONE, STACY, STURGEON LAKE, THOMPSON, WILLOW RIVER, COLUMBUS, LENT, NICKERSON, and RUSHEBA fail to approve the AGREEMENT within ane (1) year of the EFFECTIVE DATE, they will not become parties to this AGREEMENT, except by amendment to this AGREEMENT. ARTICLE 4. JOINT POWERS BOARD There is hereby created a Joint Powers Board as a public entity, to be, known as the Rush Line Corridor Task Force. The TASK FORCE shall be an entity separate from its member bodies anal shall not be deemed an agent or partner of the member bodies, and the member bodies shall not be liable for the actions of the TASK FORCE. The TASK FORCE shall have full authority to exercise all powers stated herein without approval by the governing body or bodies of any member or members. ARTICLE 5. MEMBERSHIP A. Each party shall appoint one (1 }member and one (1) alternate to the TASK FORCE. TASK FORCE members and alternates must be members of the party which appoints them. If a TASK FORCE member ceases to be a member of such party, his or her membership on the TASK FORCE shall cease on the date of cessation of such membership, and the appointing party shall appoint a new member or alternate. Additional parties may become members of the TASK FORCE by amendment to this AGREEMENT pursuant to Article 10 hereof. Page5of12 All members of the TASK FORCE will have one (1) vote. B. TASK FORCE membership terms shall commence on January 15 of a calendar year and end on January 14 of the next succeeding year, ar until a successor is appointed. ARTICLE 6. POWERS OF TASK FORCE The TASK FORCE has such authority as is necessary and proper to make all decisions to carry out its purpose as described in Article 2. Such powers shall be subject to the provisions of Minn. Stat: § 471.59 and will include, but not be limited to, any or all of the following powers to the extent provided bylaw or not otherwise limited by this AGREEMENT. A. Adopt an annual budget. B. Enter into transactions, including contracts or leases, required in furtherance of this AGREEMENT and statutory mandate, and enforce such transactions to the extent available in equity or at law. The contracting and purchasing requirements of one party designated by the TASK FORCE shall apply hereto. The TASK FORCE may approve any canLract relating to this AGREEMENT up to the amount approved in the annual budget, and may authorize the Chair of the TASK FORCE to execute those contracts. C. Adapt by-laws and any amendments consistent with this AGREEMENT required for the exercise of the powers and purposes stated in this AGREEMENT. The by-laws may provide for the appointment of ex officio, non-voting members to the TASK FORCE by the TASK FORCE. D. Apply for and accept gifts, grants, loans of money, other property, or assistance on behalf of the contracting parties from the United States government, the State of Minnesota, or any person, association, or agency far any of its purposes, including any grant which may be available, enter into any agreement in connection therewith, and hold, use and dispose of such money, other property, and assistance in accordance with the terms of the gifts, grants, or loans relating thereto. E. Acquire and hold such real and personal property as may be required to accomplish the purposes of this AGREEMENT and, upon termination of this AGREEMENT, make distribution of such property as is provided for in this AGREEMENT. F. Employ agents and employees, and to fix the compensation and all other terms and conditions of employment thereof. G. lncur debts, liabilities, or obligations, which do not constitute a debt of any of the parties. The Joint Powers Board does not have authority to incur debts, liabilities, or obligations, which constitute a debt of any of the parties. H. Sue and be sued in its own name. Page 6 of 12 All powers granted herein shall be exercised by the TASK FORCE in accordance with the legal requirements applicable to the regional railroad authorities. ARTICLE 7. OFFICERS, EMPLOYEES, AND SERVICES A. The TASK FORCE shall elect a Chair and Vice-Chair from its membership at its first regular meeting each year. The Chair and Vice-Chair shall be elected by the TASK FORCE from its membership for a term of one (1) year. The Chair shall preside at all meetings of the TASK FORCE, may establish such subcommittees as may be needed from time to time and shall perform other duties and functions as may be determined by the TASK FORCE. The Vice- Chair shall preside over and act for the TASK FORCE during the absence of the .Chair. if both the Chair and Vice-Chair are absent, the TASK FORCE may elect a temporary Chair to conduct its business, provided a quorum is present. Notwithstanding any provision to the contrary, following the EFFECTIVE DATE of this AGREEMENT, the term of the prior TASK FORCE's officers shall automatically expire and a special election shall be held to elect interim officers. The term of the interim officers commence upon election by the TASK FORCE and continue until the first regular meeting of the fallowing year, at which time elections will be held to elect permanent officers pursuant to this section who will serve a term according to this section. B. Executive Committee. The TASK FORCE shall establish an Executive Committee of the TASK FORCE consisting of the representative of each Financial Member. The Executive Committee shall develop and make recommendations to the TASK FORCE regarding the ongoing responsibilities of the TASK FORCE, and shall have such other duties as set forth in the TASK FORCE's by-laws. C. Staff. Each party may provide staff support to the TASK FORCE, subject to the approval of the TASK FORCE. " D. Vacancies. If an appointment of any TASK FORCE member or alternate is vacated before the end of his or her term, the vacancy shall be filled by appointment by the appropriate appointing governing body. Vacancies shall be filled within thirty (30) days of their occurrence. A vacancy shall be deemed to have occurred when any of the conditions specified in Minn. Stat. § 3 51.02 exist. E. Meetings. The TASK FORCE shall meet at regular intervals at such times and places as the TASK FORCE shall establish in its by-laws. Special meetings may be held on reasonable notice by the Chair or any two members upon terms and conditions as the TASK FORCE may determine and that conform to the Minnesota Open Meeting Law, Minn. Stat. § 13D. F. Committees. The TASK FORCE may establish standing committees of the TASK FDRCE by providing for such committees by resolution. The Chair may establish ad hoc committees of the TASK FORCE. Page 7 of 12 ARTICLE S. FiINDING A. Financial Members' Contributions. The TASK FORCE will collect, if determined by the TASK FORCE to be needed, the funding for items listed below. This funding shall be based on corridor county population for the most recent census year or most recent state demographer data available. For capital projects located in one county, that county or regional railroad authority would be expected to fund the non-federal portion of the project costs if federal funds are received for that project. (a) Administrative costs shall include but not limited to salaries and fringe benefits, rent, utilities, transportation, travel, telephone, office supplies, insurance, accounting and legal fees not relating to a specific corridor, and membership fees and dues incurred by the Board. B. Annual Budget. For the calendar year next fallowing the calendar year in which the EFFECTIVE DATE actors and all subsequent years, the TASK FORCE shall establish and approve a budget. C. Financial Members' Budget Approval. Adoption of the budget shall require unanimous approval of the Financial Members. D. Contribution Date. Except for any initial contribution required by this AGREEMENT, assessments made under the provisions of this article shall be paid by each Financial Member by January 3 of each year. The initial contribution shall be made within sixty (60) days of the adoption of the budget pursuant to Article 8(A) thereof. E. Bud~etin~, Accounting, Fiscal Agent, and Otber Services. The TASK FORCE may contract with any party to provide contract management; legal review, and budgeting and accounting services necessary or convenient far the TASK FORCE and otherwise act as the TASK FORCE's fiscal agent. Such services shall include, but not be limited to, management of all funds, including contributions and grant monies, payment for contracted services, and relevant bookkeeping and record keeping. The contracting and purchasing requirements of the member so selected shall apply to transactions of the TASK FORCE. Such member shall identify the staff person to work as liaison with the TASK FORCE. F. Accountability for Funds. All funds shall be accounted for according to generally acceptable accounting principles. A report on all receipts and disbursements shall be forwarded to the TASK FORCE on an annual basis. The parties have the authority to request reports pertaining to any and all budgeting and accounting services. All interest earned from established TASK FORCE fitnds shall be credited back to that same fund. ARTICLE 9. WITHDRAWAL AND TERMINATION A. Withdrawal. Any party may withdraw from this AGREEMENT upon 90-days prior written notice evidenced by resolution of the party's governing body to the TASK FORCE. In the Page 8 of 12 event of withdrawal by any party, this AGREEMENT shall remain in full force and effect as to all remaining parties. B. Effect of Withdrawal, Disposition of Property, Funds, and Obligations. A party withdrawing from this AGREEMENT shall, prior to such withdrawal, pay the full amount of any unpaid assessments to the TASK FORCE as defined in Article 8(A). A party withdrawing from this AGREEMENT shall not receive a distribution of property or funds until such time as this AGREEMENT is terminated by all parties pursuant to this Article 9. Such disposition of property shall be in accordance with the provisions of Section D of this Article 9. Any member withdrawing shall be liable for -any assessment in the year in which the withdrawal becomes final only for the period in such year that the part remains a party. The party's assessment shall not exceed the sum of one_twelfth (11121 }the full assessment multiplied by the number of months or fractions thereof in the year during which the party remains a party. C. Termination. This AGREEMENT shall terminate upon the occurrence of any one of the following events: (a) When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (b) When a majarity of the parties agrees to terminate this AGREEMENT. D. Disposition of Property and Funds. At such time as this AGREEMENT is terminated, any property interest remaining in the TASK FORCE, following discharge of all obligations owed by the TASK FORCE, shall be disposed of and the proceeds of the property shall be returned to the parties in proportion to their contribution. E. Effect of Withdrawal of Financial Member on Bud et. in the event a Financial Member withdraws, the unpaid assessment allocable to such member in the year of withdrawal and subsequent years shall be reallocated to the remaining Financial Members in proportion that the assessment allocations under Article 8(A) hereof bear to each other. ARTICLE 1Q. MISCELLANEOUS A. Amendments. This AGREEMENT may be amended by unanimous agreement of the parties as evidenced by resolutions adopted by the respective governing bodies. B. Records, Accounts, and Reports. The TASK FORCE shall establish and maintain such funds and accounts as may be required by good accounting practices. The books and records of the TASK FORCE shall be subject to the provisions of Minn. Stat. Ch. 13, the Minnesota Government Data Practices Act, and Minn. Stat. § 16C.05, subd. 5. The TASK FORCE, within one hundred twenty (120) days after the close of each fiscal year, which shall be Page 9 of 12 January 1 to December 31, shall give a complete written report of all financial activities for such fiscal year to the parties. C. Counterparts. This AGREEMENT may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. D. Severability. The provisions of this AGREEMENT are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the AGREEMENT is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this AGREEMENT. E. Entire__Agreement. This AGREEMENT constitutes the entire agreement between the parties and supersedes all prior written or oral agreements relating to the TASK FORCE. F. Aiternative_Dispute_Resolution. In the event of a dispute arising under this AGREEMENT, the parties and the TASK FORCE agree to attempt to resolve their dispute by following the process described below: (1} A party shall provide written notice to the TASK FORCE describing perceived conflict, positions, and underlying reasons. (2) The TASK FORCE or member shall provide written response to notice within seven (7) days of receipt of notice. (3) The parties shall meet within 14 days of receipt of response with a neutral facilitator. The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution. Costs of such facilitator shall be shared equally by all parties to tlxe dispute. (4) At the first meeting, the neutral facilitator will assist the parties in identifying the appropriate parties and participants in the dispute resolution process, their concerns, a meeting agenda and design for any subsequent meetings. The parties shall agree on a process for resolving the problem that would involve additional negotiations, mediation, or arbitration. (5) In developing the process, the parties will be guided by the following principles: (i) the parties will attempt in goad faith to reach a negotiated settlement; (ii) the parties agree that there must be fair representation of the parties directly involved in the dispute; {iii} the parties will use legal proceedings as a last resort; and Page 10 of 12 (iv} in the event the parties are unable to resolve the dispute, each party retains all rights, remedies, or defenses it had prior to entering the process. (5} The parties will report to the TASK FORCE within 50-days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. IN WITNESS WHEREOF, the parties to this AGREEMENT have hereunto set their hands on the date written below. Page 11 of 12 CITY OF MAPLEWOOD Mayor Date Page 12 of 12 AGENDA REPORT Agenda #L-4 To: Acting City Manager Chuck Ahl From: Chief of Police David J. Thomalla Subject: St. Paul Police Department Republican National Convention Joint Powers Agreement Date: 5-22-08 Introduction City Council approval is required to enter into a Joint Powers Agreement with the St. Paul Police Department during the Republican National Convention. Background The City of St. Paul is hosting the Republican National Convention from September 1 to September 4, 2008. During the convention, many police agencies throughout the state will be assisting St. Paul with public safety and security issues, and a Joint Powers Agreement must be signed to set forth the terms and conditions of providing any assistance. City Council approval is required before this Agreement can be signed. City Attorney Kantrud has reviewed this Joint Powers Agreement. Budget Impact This Agreement will cover the reimbursement of any wages for our personnel who provide assistance during the convention and any necessary training related to the event. Recommendation It is recommended that City Council approval be given to enter into this Joint Powers Agreement with the St. Paul Police Department for the Republican National Convention. Action Required Review and action by the City Council. DJT:js Attachment JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as the "Agreement"), is made effective, except as otherwise made operationally effective as set forth in Section 4 herein, on this day of , 2008, by and between the CITY OF SAINT PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting through its Police Department (hereinafter referred to as the "SPPD") and the CITY OF MAPLEWOOD, MINNESOTA, a municipal corporation acting through its Police Department(hereinafter referred to as the "Provider"). WHEREAS, the City is a host city for the 2008 National Republican Convention to be held between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC"); and WHEREAS, the City has entered into a "City Service Agreement For The 2008 Republican National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota non-profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has agreed to undertake certain public safety and security measures related to the 2008 RNC within the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the provision of such measures in other locations throughout the greater Saint Paul-Minneapolis metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations that may be subject to a Unified Command (as defined herein) (hereinafter such above- described locations shall be collectively referred to as the "Security Event"); WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required of an event the size and unique nature of the 2008 RNC; and WHEREAS, the Maplewood Police Department provides law enforcement services to the Provider pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the SPPD with the Security Event; and WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the "RRT"), comprised of licensed peace officers employed by the SPPD and certain other law enforcement organizations, that will be established for the sole and exclusive purpose of providing public safety-related aid and assistance to law enforcement organizations throughout the greater Saint Paul-Minneapolis metropolitan area that have entered into an agreement with the City, similar to this Agreement, provided that such aid and assistance is actually and directly related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary circumstances, all as more fully set forth in Section 3.6 herein. NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON- LPOS 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with the professional services of those certain licensed peace officers identified on Attachment A attached hereto (such licensed peace officers identified on Attachment A shall be collectively referred to herein as the "LPOs") to assist the SPPD with the Security Event, and to set forth the terms and conditions in which the Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance of the RRT. 1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide the City with persons who are employed and actively utilized by the Provider in a public safety capacity who do not meet the criteria of an LPO as set forth in this Agreement but whose special public safety training and experience may enable such persons to provide further assistance to the SPPD with regard to the Security Event (hereinafter such persons are identified on Attachment B attached hereto, and shall be collectively referred to herein as the "Non-LPOs") (an example of a Non-LPOs might include parking enforcement and/or traffic control officers, detention staff, special deputies, and emergency center dispatchers). If the SPPD, in its sole discretion, desires to use any Non-LPOs, the SPPD will so notify the Provider in writing of the conditions by which the Non-LPOs will be used, and such writing will be incorporated as an addendum to this Agreement. 1.1.2 Provider will exercise its best efforts to assist with the Security Event. The parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Security Event. That prioritization decision belongs solely to Provider. This Agreement does not entitle City or the Security Event to a higher priority or special consideration during Provider's prioritization process. Further, Provider may, at any time, recall its LPOs when, it is considered to be in Provider's best interest to do so. 1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes, Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads: "(1) the peace officer has successfully completed professionally recognized peace ofFicer pre-employment education which the Minnesota Board of Peace OfFicer Standards and Training has found comparable to Minnesota peace officer pre-employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located." 2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the LPOs shall also meet the following criteria: A. That each LPO shall by reason of experience, training and physical fitness be deemed in the sole discretion of the SPPD, that she/he is capable of performing the duties required by the SPPD of each such LPO during the Security Event; and B. That: (i) each LPO shall have been employed as a licensed peace officer for a minimum of two (2) years in the United States; or (ii) in the event that an LPO has been employed as a licensed peace officer for less than two (2) years in the United States, that such LPO will at all times when providing the services described in this Agreement, be directly supervised by an LPO who in addition to satisfying the minimum criteria described in this Section 2.1 B. (i), shall also possess sufficient supervisory skills and experience generally recognized and accepted throughout the greater Saint Paul-Minneapolis law enforcement community; and C. That each of the LPOs are officers in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the SPPD in the event that any LPO is no longer an officer in good standing with the Provider. D. That throughout the term of this Agreement and subject to Chapter 13, Minnesota Statutes, commonly known as the "Minnesota Governmental Data Practice Act" (hereinafter referred to as the "MGDPA"), the Provider shall give notice using the form attached hereto as Attachment C, to the SPPD of any public data, as defined by the MGDPA, related to internal affairs type of investigations either pending and/or sustained against any LPO during the past three (3) years, involving excessive/unnecessary/unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer; and E. That unless otherwise provided or requested by the SPPD, each of the LPOs shall be equipped and/or supplied by Provider at Provider's own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor that are required to be worn by each LPO while on duty for the Provider; see Attachment E attached hereto for uniform and equipment list; and F. That Provider shall furnish all of the information required in Attachments A and B attached hereto, for each LPO and Non-LPO, no later than ten (10) business days after the effective date of this Agreement, with the understanding that the City will hold the data in the same classification as the Provider does under the MGDPA. 2.1.1 Provider acknowledges and agrees that at anytime during the term of this Agreement the City has the sole discretion to decline to accept and/or use any LPO or Non-LPO without cause or explanation. 2.2 The Provider agrees to provide the City with the following services: A. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in training activities related to the Security Event, that are coordinated or conducted by the SPPD or its designee (hereinafter each such training session shall be referred to as a "Security Event Training Session") for a period of time commencing from the Security Event Training Session Commencement Date to the Security Event Training Session Termination Date as those respective terms are defined in Section 4 herein; and B. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in the Security Event for a period of time commencing from the Security Event Commencement Date to the Security Event Termination Date as those respective terms are defined in Section 4 herein. C. That each LPO agrees to be placed by the SPPD, if so determined by the SPPD, in an "On Assignment" status in which the LPO is physically proximate to a Security Event location within the City of Saint Paul, so as to be able to physically report in a timely manner to such duty post assigned by the SPPD prepared to undertake the specific job task or responsibility assigned to such LPO by the SPPD related to the Security Event. D. That at the request of the SPPD, each LPO and Non-LPO shall participate in and/or provide information to and otherwise cooperate with the SPPD in any "after action activities" following the conclusion of a Security Event Training Session and/or the Security Event. For purposes of this Agreement "after action activities" may include, but not be limited to the following activities related to Security Event Training Sessions and the Security Event: debriefings of information and experiences, completion of surveys and questionnaires and assisting and/or participating in any civil and/or criminal legal proceedings. 2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times during each Security Event Training Session and/or the Security Event, each LPO regardless of such LPO's rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principals and practices established throughout the law enforcement community (herein referred to as "Unified Command"). 2.4 The Provider agrees to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. By way of illustration only, such cooperation and information may include, but not be limited to the Provider's timely completion and production of information required for insurance purposes and audit purposes. 3 CITY RESPONSIBILITIES 3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the SPPD deems necessary. The substance of the training, including the locations, dates and times of any Security Event Training Session, shall be detailed in a separate writing provided from the SPPD to the Provider. 3.2 The City anticipates certain financial assistance will be provided to it by the federal government and/or third parties other than the City (hereinafter referred to as the "Security Subsidy"), to fully and completely fund and/or reimburse the Provider for the necessary costs of participating in the Security Event Training Session[s], the Security Event, the RRT and any "after action activities" related thereto. Subject to the City's good faith duty to provide the Provider with as much advance written notice that is reasonable under the circumstances that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in this Agreement, Provider acknowledges and agrees that the City's obligation to reimburse such costs or expenses shall be limited only to the funds available in the Security Subsidy. In such event, City agrees that funds available shall be distributed between/among Provider and any other law enforcement organizations providing services under this or similar agreements in, at least, a ratio based on each organization's contribution as a share of the total contributions 3.3 Subject to the prior written approval of the City and the Provider's compliance with the requirements of Section 5 of this Agreement, the City agrees to provide reimbursement from the Security Subsidy to the Provider for each LPO and Non- LPO whose services are actually utilized by the SPPD during the Security Event Training Sessions and/or the Security Event, for the following: the prevailing hourly contract wages at the rate of one and one-half times, together only with the employer's share of Medicare and PERA contributions being paid by the Provider to each LPO and Non-LPO (based on such hourly wages and employer's share of Medicare and PERA contributions described in Attachments A and B attached hereto) at the time the services of such LPO or Non-LPO have been actually utilized by the SPPD in accordance with this Agreement. Unless otherwise agreed to in writing by the City, the City shall only reimburse the Provider in accordance with this Agreement for any pre-approved reimbursable costs incurred by the Provider related to the actual participation by an LPO or Non-LPO in a Security Event Training Session, only upon the satisfaction of one of the following conditions: (a) the actual participation by such LPO or Non-LPO in the Security Event as required by the SPPD; or (b) such LPO or Non-LPO, was ready, willing and available to participate in the Security Event as required and needed by the SPPD hereunder, despite the LPO or Non-LPO not having actually participated in the Security Event. 3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom (hereinafter referred to as the "Coordinator"). Except as otherwise provided in this Agreement, all contact or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator's designee. 3.5 The City shall provide the Provider with the eligibility guidelines for the costs described in this Section 3 and a checklist for submitting the Reimbursement Payment Form attached hereto as Attachment F, and related required documentation. 3.6 The RRT will be established for the sole and exclusive purpose of providing public safety-related aid and assistance as requested by law enforcement organizations with the legal responsibility for providing police services to local units of government throughout the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party"),who have entered into an agreement substantially similar to this Agreement, with the City, provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC; and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For purposes of this Agreement, the term "extraordinary circumstances" shall mean those circumstances that significantly exceeds the usual and customary ability of the Requesting Party to effectively and safely provide police services within its jurisdictional boundaries (which by way of example only, may include, but not be limited to, providing security for critical infrastructure, transportation routes and venues and facilities). Nothing contained in this Agreement shall preclude the Provider from also becoming a Requesting Party and availing itself of the RRT in accordance with this Section 3.6. 4 TERM OF AGREEMENT 4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement shall become operationally effective as follows: 4.1.1 Security Event Training Sessionfsl -The Security Event Training Session Commencement Date and the Security Event Training Session Termination Date shall be the date[s] and time[s] so referenced in the writing described in Section 2.2 A of this Agreement which writing will incorporate the terms and conditions of this Agreement. 4.1.2 Security Event -The Security Event Commencement Date and the Security Event Termination Date shall be the date[s] and time[s] so referenced in a separate writing to be provided by the SPPD to the Provider, which writing will incorporate the terms and conditions of this Agreement. 4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event Training Session Termination Date[s] and the Security Event Termination Date upon verbal or other non-written notice provided to Provider. 5 BILLINGS AND PAYMENTS 5.1 That in consideration for the Provider's faithful performance of this Agreement, the City hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3 herein and this Section 5. Notwithstanding any other provision contained in this Agreement, the Provider agrees that the City's reimbursement to the Provider from the Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and the Provider, no later than June 30, 2008. This not to exceed amount shall be memorialized in a separate writing that will be incorporated as an addendum to this Agreement. 5.2 Reimbursement Requirements 5.2.1 Except as may otherwise be provided either by this Agreement or with the written consent of the City, any payments due and owing by the City to the Provider for approved reimbursable costs and expenses described in this Agreement for which the Provider has completed and delivered to the City all of the documentation required herein, shall be made no earlier than the Security Event Termination Date. Subject to the conditions described in this Section 5.2.1, the City shall make every effort to make the payment to the Provider within thirty-five (35) days after the City's receipt of all of the documentation required herein. 5.2.2 As a condition precedent to receiving any reimbursement from the City for approved reimbursable costs and expenses described in this Agreement, the Reimbursement Payment Form, referenced in Attachment F, attached hereto, must: A. Be submitted to the City no later than November 15, 2008, unless such deadline is otherwise extended with the written consent of the City. The Reimbursement Payment Form shall be submitted to the Attention of Lori Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700, City of Saint Paul, MN 55102; and B. Include a cover letter signed by the Provider's Chief Financial OfFicer or his/her designee, detailing the total amount sought to be reimbursed and a including a summary narrative and cost overview that provide context to the submission, including any unusual circumstances, all provided under the following certification: "/ certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention, and that all information was obtained from payroll records, invoices or other documents that are available for audit.'; and C. Include an itemized invoice as specified on checklist; and D. Include all back-up documentation, as outlined on the checklist provided by the City to the Provider. 5.2.3 In addition to any other requirements contained herein, Provider agrees that it will promptly provide to the City upon request, any other information or documentation of approved reimbursable costs and expenses described in this Agreement as may be required by the federal government as a condition to the City's receipt of the Security Subsidy. All records must be maintained for future audits and the entity being reimbursed will be fiscally responsible for the results of any such audit. 5.2.4 Any questions regarding this reimbursement process should be directed to: Lori Lee or designee, Office of Financial Services. 5.2.5 The Provider acknowledge and agree that the City's obligations to provide reimbursement pursuant to this Agreement are solely and exclusively limited to the Security Subsidy, and that the City shall not be liable for any payment hereunder: (i) to the extent that the Security Subsidy is insufficient to fully reimburse the Provider and the City provides the notice described in Section 16 of this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy determine, independent of the City and the SPPD, that a cost that may otherwise be reimbursable pursuant to the terms of this Agreement, is not eligible for reimbursement and that any payment for reimbursement previously made by the City to the Provider is deemed to be ineligible by the funder[s] and is required to be returned to the funder[s]. 5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in the sections of this Agreement. 6 AGREEMENT MANAGEMENT 6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: (List names) (List responsibilities) 7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 7.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work product" shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to SPPD or results from Provider's services under this Agreement. "Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to SPPD or Provider and pertain to work performed under this Agreement. 7.2 All deliverable work products, supporting documentation and business records or copies thereof, that are needed from or are the results from the Provider's services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City. 7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior notice to the other. Except as otherwise required by federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any security information, security service or security service data, defined under Minnesota Statutes, Sections 13.37 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 7.4 In the event of termination, all supporting documents and business records prepared by the Provider under this Agreement, shall be delivered to the City by Provider by the termination date. 7.5 Both the City and the Provider agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 7.6 Both the City and the Provider agree to abide strictly by Chapter 13 ,Minnesota Government Data Practice Act, ("MGDPA")and in particular Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1 (b), 138.17 and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 8 EQUAL OPPORTUNITY EMPLOYMENT Neither the City nor the Provider will discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 9 COMPLIANCE WITH APPLICABLE LAW Both the City and the Provider agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to their respective performances of the provisions of this Agreement. 10 CONFLICT OF INTEREST 10.1 Both the City and the Provider agree that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation, or government unit that would create a conflict of interest in their respective performances of their obligations pursuant to this Agreement. 10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except as permitted by law, no City ofFicial or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." 10.3 Both the City and the Provider agree that, should any conflict or potential conflict of interest become known, the party learning of such conflict or potential conflict shall advise the other party of the situation so that a determination can be made about each party's ability to continue performing services under this Agreement. 11 INSURANCE 11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following insurance coverage in which the Provider shall be covered as a named insured party: A. Police Professional Insurance (the "Insurance Coverage") providing coverage for claims arising out of actions of each LPO and Non-LPO who provide security and law enforcement during the convention and convention related events with a limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced by a certificate of insurance provided to the Provider providing at least a ten (10) day notice of cancellation or any significant material change in coverage. 11.1.1 The Provider agrees to be bound by the terms and conditions contained in the Insurance Coverage policy ("Policy"), the terms and conditions of which are incorporated herein by reference. 11.1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide coverage during the time period set forth in the Policy. 11.1.3 The Provider agrees that is shall cooperate with the insurer who will be underwriting the Insurance Coverage by timely providing information as reasonably requested by said insurer or its designees. For purposes of this Section 11.1.3, this cooperation will include, but not be limited to both the underwriting process and the claims process, and this obligation shall survive and extend if necessary, beyond the termination of this Agreement. 11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non- LPOs. The Provider will maintain workers' compensation insurance or self- insurance equivalent coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non-LPOs are providing services pursuant to this Agreement. The Provider waives the right to sue any other party for any workers' compensation benefits paid to its own LPOs or Non-LPOs and any dependants of such LPOs and Non-LPOs, even if the injuries were caused wholly or partially by the negligence of any other party. 12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT 12.1 Notwithstanding any other provision of this Agreement, including, but not limited to Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all purposes within the scope of the Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find the Provider or the LPOs and Non-LPOs, to be employees of the City, and the Provider shall be entitled to none of the rights, privileges, or benefits of City employees. 12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be required to comply with the rules of conduct established by the Provider, the SPPD and/or the Unified Command. In the event that a conflict exists between the Provider's rules of conduct and the SPPD's rules of conduct and the Unified Command has not otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The Coordinator or his designee shall refer disciplinary matters involving LPOs to the Provider for an investigation. Based on the judgment of the Coordinator or his designee, if a particular matter represents probable cause for the issuance of a criminal complaint, the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. 13 SUBCONTRACTING. Both the City and the Provider agree not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the other party. 14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor shall be construed to waive any rights and benefits either party has with regard to its status under the insurance coverage described in Section 11 of this Agreement. 14.2 It is understood and agreed that each party's liability shall be limited by the provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective officials and employees, may have under said Chapter 466, or any common-law immunity or limitation of liability, all of which are hereby reserved by the parties hereto. 15 ASSIGNMENT The City and the Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. 16 EVENTS OF DEFAULT; TERMINATION 16.1 By the City -The City may terminate this Agreement based on the occurrence of any of the following events: A. the cancellation of the 2008 RNC; B. the determination made in the sole discretion of the City, that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in Section 3 of this Agreement, which determination must be made and disclosed to the Provider prior to the Security Event Commencement Date; C. the failure of the Host Committee to purchase and provide the insurance coverage described in Section 11 of this Agreement in a timely manner determined by the City; D. the failure of the Provider to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the City or SPPD provides Provider with notice of such default. 16.2 By the Provider -The Provider may terminate this Agreement based on the occurrence of any of the following events: A. without cause, prior to any Security Event Training Session[s] Commencement Date[s] in which any of the Provider's LPOs shall participate; B. the cancellation of the 2008 RNC; C. the failure of the Host Committee to provide the Provider with evidence in the form of a certificate of insurance naming the Provider as a named insured in the policy of insurance coverage described in Section 11 of this Agreement; D. the Provider's receipt of the notice described in Section 3.2 of this Agreement; E. the failure of the City to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the Provider provides the SPPD with notice of such default. 16.3 Both the City and the Provider shall act in good faith, to provide as much advance written notice of an event of default in this Section 16, to the other party that is reasonable under the circumstances. 16.4 In the event of termination, the City will only pay Provider for those services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. Except as otherwise provided in this Section 16.4, neither the City nor the Provider shall be entitled to the recovery of any consequential damages or attorney fees related to an event of default hereunder. 17 GOOD FAITH DISPUTE RESOLUTION The City and the Provider shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. In the event such a dispute arising out of or relating to this Agreement or breach thereof cannot be resolved exclusively among the parties, such dispute shall be referred to non-binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of mediation. The mediator shall be selected by the parties, or if the parties are unable to agree on a mediator then any party can request the administrator of the Ramsey County District Court Civil ADR Program and/or similar person, to select a person from its list of qualified neutrals. All expenses related to the mediation shall be borne by each party, including without limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all defense based on the passage of time are tolled while the mediation procedures are pending, and for a period of 30 days thereafter. 18 AMENDMENT OR CHANGES TO AGREEMENT 18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties hereto, after all appropriate and necessary authority has been acquired by each such party. 18.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 19 NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: City of Maplewood To Provider: Maplewood Police Department 20 WAIVER Any fault of a party hereto to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this Agreement's provisions. 21 SURVIVAL OF OBLIGATIONS 21.1 The respective obligations of the City and Provider under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. 21.2 If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties hereto legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. 22 INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 23 FORCE MAJEURE Neither the City nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. 24 ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF SAINT PAUL By: Its: Mayor Date: Approval Recommended: By: By: Its: Chief of Police Saint Paul Police Department By: Bv: CITY OF MAPLEWOOD By: Its: Mayor Date: Approval Recommended: Its: Chief of Police Maplewood Police Department Its: Director, Office of Financial Services By: Its: Director, Department of Human Rights Approved as to form and legality: By: By: Its: Assistant City Attorney Its: City Attorney Funding: Provider's Taxpayer I.D. No_. Activity # and Activity Manager Signature ***************************************************************************** Its: Finance Director Approved as to form and legality: Agenda Item M 1 AGENDA NO. I-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: May 26, 2008 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: $ 299,435.10 Checks # 75455 thru # 75509 dated 05/07/08 thru 05/13/08 $ 324,198.24 Disbursements via debits to checking account dated 05/01/08 thru 05/08/08 $ 420,427.06 Checks # 755510 thru # 75565 dated 05/15/08 thru 05/20/08 $ 157,761.82 Disbursements via debits to checking account dated 05/08/08 thru 05/15/08 $ 1,201,822.22 Total Accounts Payable PAYROLL $ 463,087.22 Payroll Checks and Direct Deposits dated 05/16/08 $ 3,968.81 Payroll Deduction check # 1005240 thru # 1005242 dated 05/16/08 $ 467,056.03 Total Payroll $ 1,668,878.25 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2903 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\2008\AprClms 5-9 and 5-16 Check Register City of Maplewood 05/09/2008 Check Date Vendor 75455 05/07/2008 03818 MEDICA 75456 05/07/2008 04008 AMERITAS 75457 05/07/2008 01126 MN NCPERS LIFE INSURANCE 75458 05/13/2008 01973 ERICKSON OIL PRODUCTS INC 75459 05/13/2008 02113 RICHARD FU RSMAN 75460 05/13/2008 01949 GARY L FISCHLER & ASSOC PA 75461 05/13/2008 01360 REINHART FOODSERVICE 75462 05/13/2008 01546 SUBURBAN SPORTSWEAR 05/13/2008 01546 SUBURBAN SPORTSWEAR 75463 05/13/2008 03335 AMERICAN ENGINEERING 75464 05/13/2008 04047 ASHLAND PRODUCTIONS 75465 05/13/2008 01811 BERNATELLO'S PIZZA INC 75466 05/13/2008 00196 BLUEBIRD RECOVERY PROGRAM 75467 05/13/2008 00240 C.S.C. CREDIT SERVICES 75468 05/13/2008 02929 CNAG LAC 75469 05/13/2008 00358 DGM INC. 05/13/2008 00358 DGM INC. 05/13/2008 00358 DGM INC. 05/13/2008 00358 DGM INC. 05/13/2008 00358 DGM INC. 05/13/2008 00358 DGM INC. 05/13/2008 00358 DGM INC. 75470 05/13/2008 02921 MICHAEL J DUGAS 75471 05/13/2008 02071 DAVID FISHER 75472 05/13/2008 01605 IFP TEST SERVICES INC 75473 05/13/2008 00789 KATH FUEL OIL SERVICE CO 75474 05/13/2008 04078 JENNIFER KOH LMAN 75475 05/13/2008 00393 DEPT OF LABOR & INDUSTRY 75476 05/13/2008 00932 MAPLEWOOD BAKERY 75477 05/13/2008 03069 MN AMBULANCE ASSN 75478 05/13/2008 03838 MN FIAM BOOK SALES 05/13/2008 03838 MN FIAM BOOK SALES 75479 05/13/2008 01085 MN LIFE INSURANCE 75480 05/13/2008 01089 MN UC FUND 75481 05/13/2008 03961 NORTH METRO ELECTRIC 75482 05/13/2008 01213 JULIE OLSON 75483 05/13/2008 00001 ONE TIME VEN DOR 75484 05/13/2008 00001 ONE TIME VEN DOR 75485 05/13/2008 00001 ONE TIME VEN DOR 75486 05/13/2008 00001 ONE TIME VEN DOR 75487 05/13/2008 00001 ONE TIME VEN DOR 75488 05/13/2008 02270 PALDA & SONS INC 75489 05/13/2008 03151 PETTY CASH 75490 05/13/2008 04075 RAMSEY CO FIRE CHIEFS ASSOC. 75491 05/13/2008 03840 REAL LIFE VIDEO 75492 05/13/2008 03446 RICK JOHNSON DEER & BEAVER INC 75493 05/13/2008 01387 DR. JAMES ROSSINI 75494 05/13/2008 01397 RYAN PLUMBING & HEATING CO. 75495 05/13/2008 04074 ELAINE SCHRADE 75496 05/13/2008 01498 SPRI PRODUCTS, INC. 75497 05/13/2008 01538 STRETCHER'S 75498 05/13/2008 03969 BILL SYPNIEWSKI 75499 05/13/2008 04077 U.S. CUNBAD LLC 75500 05/13/2008 00529 UNION SECURITY INSURANCE CO 05/13/2008 00529 UNION SECURITY INSURANCE CO 75501 05/13/2008 01695 UNITED RENTALS, INC. 05/13/2008 01695 UNITED RENTALS, INC. 75502 05/13/2008 02464 US BANK 75503 05/13/2008 02464 US BANK 05/13/2008 02464 US BANK 05/13/2008 02464 US BANK 75504 05/13/2008 03932 VALLEY CREEK EXPRESS INC. 75505 05/13/2008 04076 VALLEY-RICH CO., INC. 75506 05/13/2008 02350 VASKO ROLL-OFF SERVICE 75507 05/13/2008 01750 THE WATSON CO INC 75508 05/13/2008 01828 KRISA WEAVER 75509 05/13/2008 03809 CASTE WYFFELS 55 Checks in this report. Description MONTHLY PREMIUM -MAY MONTHLY PREMIUM -MAY PERA LIFE INS (PR DED IN APRIL FOR CAR WASHES REIMB FOR EDUCATION 6/1/06-9/16/06 CANDIDATE SCREEN MDSE FOR RESALE LIFEGUARD UNIFORMS SHIRTS -AFTER SCHOOL VOLLEYBALL PROJ 07-30 ENG TESTING REIMB THEATER RENTAL MDSE FOR RESALE MEMBERSHIP FEE APPLICANT BACKGROUND CHECKS MONTHLY PREMIUM -MAY TOW CHARGES TOW CHARGES TOW CHARGES TOW CHARGES TOW CHARGES TOW CHARGES TOW CHARGES REIMB FOR BOOKS & TUITION 1/1 - 4/30 REIMB FOR MILEAGE 1/1 - 5/7 PSYCHOLOGICAL EXAM - PO DIESEL FUEL ULTRA LOW RED DYED PHOTOS FOR DADDY DAUGHTER MONTHLY SURTAX -APRIL 4120123035 ROLUCOOKIES-CITY SAFETY TRAINING MEMBERSHIP DUES FIRE OFFICERS PRINCIPLES/PRACTICES FIRE/EXPLOSION INVESTIGATION MONTHLY PREMIUM -MAY 1ST QTR UNEMPLOYMENT FIX POWER CORD -STATION 2 REIMB FOR UNIFORM & MEALS 2/25-5/3 EASEMENT M WOODS & P GODICH REFUND B KOECKERITZ MEDICA REFUND J BRAUN SOFTBALL REFUND C XIONG HP BENEFIT REFUND A FLOREZ - BDAY PARTY PROJ 07-01 BROOKVIEW PARTPMT#5 REPLENISH PETTY CASH FF1 TRAINING VIDEO TECHNICIAN SERVICES -APRIL DEER REMOVAL -APRIL ADMIN FEE FOR STRESS TEST -APRIL RP2 TESTS ON IRRIGATION SYSTEM INSTRUCTOR FEE 4/2 - 5/21 STABILITY BALLS M4 CARBINE RIFLES: .223 REM, 14.5" REIMB FOR GUN SAFE 3/18 SEWING PATCHES ON JACKETS LTD PLAN 4043120-2 MAY STD PLAN 4043120-1 MAY CLASS II SAFETY JACKETS MOUNTING ANCHORS FUNDS FOR ATM PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES COMPOST SEEDING AT MCC REPAIR LIFT STATION #17 FORCEMAIN DUMPSERS FOR ABATEMENT 1068 MDSE FOR RESALE REIMB FOR MILEAGE 1/1 - 5/7 RED CROSS BABYSITTING 4/5 & 5/10 Amount 137,861.68 9,662.72 396.00 89.46 8,736.00 550.00 291.59 785.00 118.00 1,609.20 100.00 138.00 12.00 50.00 531.50 213.00 122.48 122.48 111.83 90.53 90.53 90.53 1,281.98 71.78 395.00 24,780.76 109.00 5,324.89 122.19 75.00 449.03 138.02 3,506.89 3,398.82 105.00 336.12 352.71 80.00 62.00 40.00 30.35 60,013.50 227.64 2,335.00 991.75 100.00 100.00 390.00 60.00 104.55 17,892.00 150.00 127.80 3,016.95 1,862.62 399.21 46.43 3,000.00 431.25 431.25 215.63 564.45 3,308.29 825.00 141.93 27.78 240.00 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 05/01/08 05/02/08 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 18,946.65 05/01/08 05/02/08 ICMA (Vantagepointe) Deferred Compensation 3,593.23 05/01/08 05/02/08 Orchard TrusU Great West Deferred Compensation 24,435.31 05/01/08 05/02/08 MN Dept of Natural Resources DNR electronic licenses 1,500.00 05/02/08 05/05/08 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 22,636.23 05/02/08 05/05/08 US Treasurer Federal Payroll Tax (FICA) 91,255.42 05/02/08 05/05/08 PERA PERA 72,495.97 05/03/08 05/06/08 Tues MN State Treasurer Drivers License/Deputy Registrar(city clrk) 24,013.75 05/03/08 05/06/08 MidAmerica - ING HRA Flex plan 1,329.29 05/03/08 05/06/08 Labor Unions Union Dues 2,014.00 05/03/08 05/06/08 MN State Treasurer State Payroll Tax 17,578.04 05/03/08 05/06/08 WI Dept of Revenue State Payroll Tax 1,044.30 5/6/2008 5/7/2008 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 21,885.00 5/7/2008 5/8/2008 Thurs MN State Treasurer Drivers License/Deputy Registrar(city clrk) 18,560.64 5/7/2008 5/8/2008 ARC Administration DCRP & Flex plan payments 2,910.41 TOTAL 324,798.24 Check Register City of Maplewood os/1 s/zoos Check Date Vendor Description Amount 75510 05/15/2008 02464 US BANK FUNDS FOR ATM 2,000.00 75511 05/20/2008 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEE 4/21 - 5/4 1,901.22 75512 05/20/2008 00585 GOPHER STATE ONE-CALL NET BILLABLE TICKETS -APRIL 815.20 75513 05/20/2008 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 07-25 PROF SRVS THRU 3/31 56,992.84 05/20/2008 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 07-26 PROF SRVS THRU 3/31 30,281.55 05/20/2008 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 07-30 PROF SRVS THRU 3/31 25,663.94 05/20/2008 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 06-17 PROF SRVS THRU 3/31 3,222.40 05/20/2008 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 07-15 PROF SRVS THRU 3/31 2,332.00 75514 05/20/2008 01337 RAMSEY COUNTY-PROP REC & REV 911 DISPATCH FEE -APRIL 18,147.92 75515 05/20/2008 01337 RAMSEY COUNTY-PROP REC & REV PREP OF OVERLAPPING DEBT FOR 30.00 75516 05/20/2008 01546 SUBURBAN SPORTSWEAR STAFF & RETAIL UNIFORMS 690.32 75517 05/20/2008 01190 XCEL ENERGY ELECTRIC UTILITY 12,622.12 05/20/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 10,932.59 05/20/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILTIY 5,473.16 05/20/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 2,392.47 05/20/2008 01190 XCEL ENERGY EQUIP LOAN 494.06 05/20/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 406.79 05/20/2008 01190 XCEL ENERGY FIRE SIRENS 46.23 75518 05/20/2008 01047 3M ROLL GOODS FOR BARRICADES 1,009.62 05/20/2008 01047 3M ROLL GOODS FOR SIGN FABRICATION 335.48 75519 05/20/2008 00116 APPEARANCE PLUS CAR WASH CAR WASH FEE -MARCH & APRIL 360.24 75520 05/20/2008 00159 PAUL BARTZ REIMB FOR UNIFORMS 5/2 26.00 75521 05/20/2008 01936 CHAD BERGO REIMB FOR MILEAGE & INT 4/1 - 4/30 130.42 75522 05/20/2008 03513 BRIAN BIERDEMAN REIMB FOR MEALS & GAS 4/24 63.25 75523 05/20/2008 00494 CHILDREN HOME & FAMILY SERVICE YOUTH DIVERSION PROG -APRIL 3,526.08 75524 05/20/2008 04068 CLASSIC METRO OFFICIALS ASSN BASKETBALL OFFICIALS -MARCH 600.00 75525 05/20/2008 03658 CHARLES DEAVER REIMB FOR MILEAGE 1/25- 5/02 76.51 75526 05/20/2008 00412 DONALD SALVERDA & ASSOCIATES BOOKS - ADV EFFECTIVE MGMT PROG 73.37 75527 05/20/2008 00420 DOWNTOWNER DETAIL CENTER SQUAD CAR DETAILING 133.75 05/20/2008 00420 DOWNTOWNER DETAIL CENTER SQUAD CAR DETAILING 75.00 75528 05/20/2008 00531 FRA-DORINC. BLACK DIRT FOR SOD REPAIR 111.82 75529 05/20/2008 03516 ANTHONY GABRIEL SECURITY OFFICER-WEDDING REC S/17 245.00 75530 05/20/2008 00543 GE CAPITAL LEASE ON RICOH MP1100 895.67 75531 05/20/2008 00561 GENERAL REPAIR SERVICE REPAIR SEWAGE PUMP-LIFT 1,915.05 75532 05/20/2008 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 2,588.08 75533 05/20/2008 00718 INDEPENDENT SCHOOL DIST#622 GYM USE FOR ADULT VOLLEYBALL 1,501.50 75534 05/20/2008 00827 LMCIT CLAIM DEDUCTIBLE #11056428 50,000.00 05/20/2008 00827 LMCIT CLAIM DEDUCTIBLE #11063969 1,039.00 05/20/2008 00827 LMCIT CLAIM DEDUCTIBLE #11063694 556.31 75535 05/20/2008 00857 LEAGUE OF MINNESOTA CITIES REGISTRATION FEE 20.00 75536 05/20/2008 00932 MAPLEWOOD BAKERY MDSE FOR RESALE 284.20 75537 05/20/2008 00986 METROPOLITAN COUNCIL MONTHLY SAC-APRIL 131,892.75 75538 05/20/2008 04080 MIDWEST LANDSCAPES PROJ 07-01 IRRIGATION SYS REPAIR 225.00 75539 05/20/2008 03622 MN OFFICE OF ENTERPRISE TECH WIDE AREA NETWORK-APRIL 392.00 75540 05/20/2008 03961 NORTH METRO ELECTRIC REPAIR LIGHTING STATION 4 2,482.00 75541 05/20/2008 00001 ONE TIME VENDOR ZAHASKY EASEMENT ACQ PROJ 07-19 5,889.00 75542 05/20/2008 00001 ONE TIME VENDOR VOLTZ & SIMMONS EASEMENT PROJ 07- 5,622.00 75543 05/20/2008 00001 ONE TIME VENDOR REFUND C SCHICKLING MN REV PMT 144.00 75544 05/20/2008 00001 ONE TIME VENDOR REFUND WALSER FOR ALARM SYS 55.00 75545 05/20/2008 00001 ONE TIME VENDOR REFUND D SLAIKEU MARCH HP CREDIT 20.00 75546 05/20/2008 00001 ONE TIME VENDOR REFUNDASARNECKI MARCH MEDICA 20.00 75547 05/20/2008 00001 ONE TIME VENDOR REFUND J RODRIQUE MARCH BCBS 20.00 75548 05/20/2008 00001 ONE TIME VENDOR REFUND W PETERS MARCH MEDICA 20.00 75549 05/20/2008 00001 ONE TIME VENDOR REFUND B LOWE HEALTH PARTNERS 20.00 75550 05/20/2008 00001 ONE TIME VENDOR REFUND J HOLMES MARCH HP BENEFIT 20.00 75551 05/20/2008 00001 ONE TIME VENDOR REFUND L DEVRIES MARCH MEDICA 20.00 75552 05/20/2008 00001 ONE TIME VENDOR REFUND DAVIS MARCH UCARE BENEFIT 20.00 75553 05/20/2008 00001 ONE TIME VENDOR REFUND A BECKER MARCH BCBS 20.00 75554 05/20/2008 01254 PEPSI-COLA COMPANY MDSE FOR RESALE 680.70 75555 05/20/2008 04053 PROFESSIONAL DRAIN SRVS, INC. PROJ 07-25 HAZELWOOD TELEVISING 234.00 05/20/2008 04053 PROFESSIONAL DRAIN SRVS, INC. PROJ 07-26 BEAM TELEVISING 234.00 75556 05/20/2008 00396 DEPT OF PUBLIC SAFETY HAZARDIOUS CHEMICAL INV FEE 25.00 75557 05/20/2008 01359 REGAL AUTO WASH DETAIL XX CAR WASH FEE-APRIL 41.49 75558 05/20/2008 01397 RYAN PLUMBING & HEATING CO. AFTON PARK BLD - RPZ TEST 390.00 75559 05/20/2008 01409 S.E.H. PROJ O6-OS ENGINEERING FEES 8,445.17 05/20/2008 01409 S.E.H. PROJ 06-02 ENGINEERING FEES 4,053.06 05/20/2008 01409 S.E.H. PROJ 07-27 ENGINEERING FEES 2,997.93 05/20/2008 01409 S.E.H. COMP PLAN ENGINEERING FEES 2,824.41 05/20/2008 01409 S.E.H. PROJ 04-21 ENGINEERING FEES 2,436.99 05/20/2008 01409 S.E.H. PROJ O6-OS ENGINEERING FEES 887.88 05/20/2008 01409 S.E.H. PROJ 07-01 ENGINEERING FEES 375.09 75560 05/20/2008 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 380.12 75561 05/20/2008 04081 MICHAEL W. THOMPSON REIMB FOR PROF LICENSE RENEWAL 120.00 75562 05/20/2008 02069 ULTIMATE DRAIN SERVICES INC PROJ 07-15 BURKE AVE TELEVISING 420.00 75563 05/20/2008 02464 US BANK FUNDS FOR ATM 8,000.00 75564 05/20/2008 03871 VANCE BROTHERS, INC. TACK OIL 303.53 75565 05/20/2008 04079 ZEP SALES & SERVICE CAR & TRUCK TOUCH FREE DETERGT 684.78 420.427.06 56 Check s in this re port. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 5/8/2008 5/9/2008 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 14,690.98 5/8/2008 5/9/2008 2,388.50 5/10/2008 5/12/2008 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 19,328.23 5/12/2008 5/13/2008 Tues MN State Treasurer Drivers License/Deputy Registrar(city clrk) 17,783.94 5/13/2008 5/14/2008 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 21,803.27 5/13/2008 5/14/2008 US Bank VISA One Card` Credit Card Billing Fee 63,949.76 5/14/2008 5/15/2008 Thr MN State Treasurer Drivers License/Deputy Registrar(city clrk) 17,817.14 TOTAL 757,767.82 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 05/16/08 HJELLE, ERIK 416.42 05/16/08 JUENEMANN, KATHLEEN 416.42 05/16/08 NEPHEW, JOHN 416.42 05/16/08 ROSSBACH, WILLIAM 416.42 05/16/08 COPELAND, EUGENE 3,268.80 05/16/08 RYDEL, HARRIET 1,565.60 05/16/08 CHRISTENSON, SCOTT 1,738.95 05/16/08 FARR, LARRY 2,350.87 05/16/08 JAHN, DAVID 1,737.97 05/16/08 MOR1N, TROY 153.00 05/16/08 RAMEAUX, THERESE 2,492.68 05/16/08 FORMANEK, KAREN 1,712.82 05/16/08 MITTET, ROBERT 3,366.86 05/16/08 AFFOLTER, PENNY 2,509.90 05/16/08 ANDERSON, CAROLE 3,672.18 05/16/08 DEBILZAN, JUDY 1,161.28 05/16/08 JACKSON, MARY 2,239.00 05/16/08 KELSEY, CONNIE 2,059.21 05/16/08 CAREY, HE1D1 2,309.35 05/16/08 FRY, PATRICIA 1,844.47 05/16/08 GUILFOILE, KAREN 3,366.86 05/16/08 KROLL, LISA 1,580.24 05/16/08 MORSON, JOHN 709.08 05/16/08 SCHMIDT, DEBORAH 2,109.44 05/16/08 SPANGLER, EDNA 923.37 05/16/08 CORTESl, LUANNE 953.97 05/16/08 JAGOE, CAROL 1,843.77 05/16/08 KELLY, LISA 1,164.43 05/16/08 CARSON, MICHELLE 1,107.22 05/16/08 MECHELKE, SHERRIE 1,051.27 05/16/08 MOY, PAMELA 1,046.37 05/16/08 OSTER, ANDREA 1,781.18 05/16/08 WEAVER, KRISTINE 1,949.35 05/16/08 CORCORAN, THERESA 1,776.55 05/16/08 PALANK, MARY 1,778.86 05/16/08 POWELL, PHILIP 2,800.78 05/16/08 R1CH1E, CAROLE 1,864.61 05/16/08 SVENDSEN, JOANNE 1,964.99 05/16/08 THOMALLA, DAVID 4,429.00 05/16/08 ABEL, CL1NT 2,624.59 05/16/08 ALDRIDGE, MARK 2,778.96 05/16/08 BAKKE, LONN 2,553.60 05/16/08 BARTZ, PAUL 2,933.26 05/16/08 BELDE, STANLEY 2,933.26 05/16/08 BENJAMIN, MARKESE 1,830.38 05/16/08 BIERDEMAN, BRIAN 3,008.87 05/16/08 BOHL, JOHN 2,879.96 05/16/08 BUSACK, DANIEL 3,111.27 05/16/08 COFFEY, KEVIN 2,795.65 05/16/08 GROTTY, KERRY 3,001.20 05/16/08 DEMULLING, JOSEPH 1,725.48 05/16/08 DOBLAR, RICHARD 3,230.20 05/16/08 FLOR, TIMOTHY 3,093.85 05/16/08 FRITZE, DEREK 1,896.46 05/16/08 GABRIEL, ANTHONY 3,200.68 05/16/08 HAWKINSON JR, TLYIOTHY 1,909.39 05/16/08 HEINZ, STEPHEN 2,915.15 05/16/08 HIEBERT, STEVEN 2,600.93 05/16/08 ISACSON, JEFFREY 2,342.28 05/16/08 JOHNSON, KEVIN 4,183.99 05/16/08 KALKA, THOMAS 1,499.88 05/16/08 KARTS, FLINT 3,232.84 05/16/08 KONG, TOMMY 2,506.28 05/16/08 KREKELER, NICHOLAS 559.08 05/16/08 KROLL, BRETT 2,506.28 05/16/08 KVAM, DAVID 3,523.42 05/16/08 LANGNER, TODD 2,268.57 05/16/08 CARSON, DANIEL 2,780.42 05/16/08 LU, JOHNNIE 2,517.70 05/16/08 MARINO, JASON 2,506.28 05/16/08 MARTIN, JERROLD 3,247.42 05/16/08 MCCARTY, GLEN 2,768.32 05/16/08 METRY, ALESIA 3,031.72 05/16/08 NYE, MICHAEL 2,435.30 05/16/08 OLSON, JULIE 2,810.06 05/16/08 PALMA, STEVEN 2,953.62 05/16/08 RABBETT, KEVIN 3,587.70 05/16/08 RHUDE, MATTHEW 2,723.71 05/16/08 SHORTREED, MICHAEL 3,268.81 05/16/08 STEFFEN, SCOTT 3,648.12 05/16/08 STEINER, JOSEPH 2,508.15 05/16/08 SYPNIEWSKI, WILLIAM 2,445.95 05/16/08 SZCZEPANSKI, THOMAS 2,660.08 05/16/08 TRAN, JOSEPH 2,529.13 05/16/08 WENZEL, JAY 2,728.31 05/16/08 XIONG, KAO 2,483.20 05/16/08 BERGERON, JOSEPH 3,731.74 05/16/08 DUGAS, MICHAEL 3,138.78 05/16/08 ERICKSON, VIRGINIA 2,778.38 05/16/08 FRASER, JOHN 2,849.37 05/16/08 LANGNER, SCOTT 2,624.59 05/16/08 THEISEN, PAUL 2,745.24 05/16/08 THIENES, PAUL 2,719.23 05/16/08 BAUMAN, ANDREW 2,088.76 05/16/08 DAWSON, RICHARD 2,598.03 05/16/08 DOLLERSCHELL, ROBERT 3,268.80 05/16/08 EVERSON, PAUL 2,705.71 05/16/08 HALWEG, JODI 2,499.34 05/16/08 JUNGMANN, BERNARD 3,037.77 05/16/08 NOVAK, JEROME 2,598.03 05/16/08 OLSON, JAMES 2,356.90 05/16/08 PERBIX, CHARLES 2,075 .84 05/16/08 PETERSON, ROBERT 2,855 .78 05/16/08 RICHARDSON, ANDREA 2,282 .48 05/16/08 SEDLACEK, JEFFREY 2,381 .02 05/16/08 STREFF, MICHAEL 2,359 .97 05/16/08 SVENDSEN, RONALD 2,844 .03 05/16/08 GERVAIS-JR, CLARENCE 3,342 .04 05/16/08 LUKIN, STEVEN 4,016 .18 05/16/08 ZWIEG, SUSAN 2,108 .55 05/16/08 AHL, R. CHARLES 4,950 .59 05/16/08 ENGSTROM, SHURENE 520 .00 05/16/08 FIN WALL, SHANN 2,820 .55 05/16/08 KNUTSON, LOTS 1,745 .35 05/16/08 KONEWKO, DUWAYNE 3,059 .51 05/16/08 NIVEN, AMY 1,386 .50 05/16/08 PRIEFER, WILLIAM 2,988 .24 05/16/08 BRINK, TROY 1,967 .75 05/16/08 BUCKLEY, BRENT 1,959 .45 05/16/08 DEBILZAN, THOMAS 2,046 .15 05/16/08 EDGE, DOUGLAS 2,016 .15 05/16/08 HAMRE, MILES 1,320 .00 05/16/08 JONES, DONALD 2,006 .15 05/16/08 MEISSNER, BRENT 1,000 .00 05/16/08 MEYER, GERALD 2,096 .59 05/16/08 NAGEL, BRYAN 2,486 .01 05/16/08 OSWALD, ERICK 2,651 .50 05/16/08 RUNNING, ROBERT 2,095 .88 05/16/08 TEVLIN, TODD 2,303 .02 05/16/08 BURLINGAME, NATHAN 1,694 .13 05/16/08 DUCHARME, JOHN 2,558 .86 05/16/08 ENGSTROM, ANDREW 2,108 .55 05/16/08 GAYNOR, VIRGINIA 2,182 .95 05/16/08 JACOBSON, SCOTT 2,388 .91 05/16/08 JAROSCH, JONATHAN 2,367 .75 05/16/08 KREGER, JASON 1,820 .26 05/16/08 KUMMER, STEVEN 2,726 .99 05/16/08 LINDBLOM, RANDAL 2,561 .17 05/16/08 SCHREMPP, ANTHONY 77 .88 05/16/08 THOMPSON, MICHAEL 3,461 .94 05/16/08 WACHAL, KAREN 941 .91 05/16/08 ZIEMAN, SCOTT 290 .40 05/16/08 EDSON, DAVID 2,047 .76 05/16/08 HINNENKAMP, GARY 2,015 .87 05/16/08 MARUSKA, MARK 3,000 .18 05/16/08 NAUGHTON, JOHN 2,006 .15 05/16/08 NORDQUIST, RICHARD 2,226 .65 05/16/08 NOVAK, MICHAEL 2,006 .15 05/16/08 SCHINDELDECKER, JAMES 2,008 .46 05/16/08 BIESANZ, OAKLEY 1,261 .89 05/16/08 DEAVER, CHARLES 767 .85 05/16/08 GERNES, CAROLE 594 .76 05/16/08 HAYMAN, JANET 1,288 .71 05/16/08 HUTCHINSON, ANN 2,472 .00 05/16/08 SOUTTER, CHRISTINE 775.13 05/16/08 HALL, KATHLEEN 67.50 05/16/08 SAMUELSON, MICHAEL 579.13 05/16/08 S1NDT, ANDREA 2,005.20 05/16/08 THOMPSON, DEBRA 710.62 05/16/08 YOUNG, TAMELA 1,742.95 05/16/08 EKSTRAND, THOMAS 3,600.06 05/16/08 ROBERTS, KENNETH 3,168.36 05/16/08 BRASH, JASON 2,051.75 05/16/08 CARVER, NICHOLAS 3,027.38 05/16/08 FISHER, DAVID 3,938.72 05/16/08 RICE, MICHAEL 2,346.16 05/16/08 SWAN, DAVID 2,414.95 05/16/08 WELLENS, MOLLY 1,451.15 05/16/08 BERGER, STEPHANIE 348.75 05/16/08 KOHLMAN, JENNIFER 335.25 05/16/08 OHLHAUSER, MEGHAN 532.50 05/16/08 OLSEN, TRISHA 132.00 05/16/08 ROBBINS, AUDRA 2,439.86 05/16/08 SCHALLER, SCOTT 105.00 05/16/08 SHERRILL, CAITLIN 365.00 05/16/08 TAUBMAN, DOUGLAS 3,115.55 05/16/08 TAYLOR, JAMES 2,007.26 05/16/08 GERMAIN, DAVID 2,015.39 05/16/08 HAAG, MARK 2,006.16 05/16/08 NADEAU, EDWARD 3,061.98 05/16/08 SCHULTZ, SCOTT 2,409.99 05/16/08 ANZALDl, MANDY 1,826.64 05/16/08 BERGLUND, DANIEL 217.00 05/16/08 BRENEMAN, NEIL 1,657.89 05/16/08 CRAWFORD - JR, RAYMOND 647.50 05/16/08 EVANS, CHRISTINE 1,075.82 05/16/08 FAB1O-SHANLEY, MICHAEL 328.25 05/16/08 GLASS, JEAN 1,982.54 05/16/08 GROPPOLl, LINDA 483.00 05/16/08 HANSEN, LORI 2,490.13 05/16/08 HER, CHONG 432.00 05/16/08 HOFMEISTER, MARY 836.31 05/16/08 NAGEL, BROOKE 420.00 05/16/08 PELOQUIN, PENNYE 527.07 05/16/08 SCHOENECKER, LEIGH 420.00 05/16/08 STAPLES, PAULINE 3,028.20 05/16/08 SWINTEK-MOORS, JENNIFER 1,528.07 05/16/08 VANG, KAY 179.78 05/16/08 YANG, TIM 564.00 05/16/08 BAUDE, SARAH 119.00 05/16/08 B1GGS, ANNETTE 96.00 05/16/08 BRUSOE, AMY 153.70 05/16/08 BRUSOE, CRISTINA 200.18 05/16/08 CLARK, PAMELA 234.00 05/16/08 DEVRIENDT, KARA 75.00 05/16/08 DUNN, RYAN 1,013.37 05/16/08 ERICKSON-CLARK, CAROL 47.50 05/16/08 F1ERR0 WESTBERG, MELINDA 227.50 05/16/08 FONTAINE, KIM 884.79 05/16/08 GIEL, NICOLE 180.00 05/16/08 GREDVIG, ANDERS 283.43 05/16/08 HORWATH, RONALD 2,439.86 05/16/08 IRISH, PETER 65.55 05/16/08 KOEHNEN, AMY 52.10 05/16/08 KRONHOLM, KATHRYN 865.97 05/16/08 KURZHAL, ALISON 61.75 05/16/08 LAMEYER, ZACHARY 30.60 05/16/08 MCCARTHY, ERICA 89.50 05/16/08 NELSON, MARCY 265.00 05/16/08 PROESCH, ANDY 312.51 05/16/08 RICHTER, DANIEL 71.00 05/16/08 RICHTER, NANCY 1,127.23 05/16/08 ROLLOFF-FELLNER, TAYLOR 13.50 05/16/08 RYAN, ERICA 36.40 05/16/08 SCHAEFER, NATALIE 92.25 05/16/08 SCHREIER, ROSEMARIE 85.00 05/16/08 SIVALD, SHANNON 71.25 05/16/08 SMITH, ANN 401.50 05/16/08 SMITLEY, SHARON 301.80 05/16/08 TUPY, HEIDE 254.40 05/16/08 WARNER, CAROLYN 301.80 05/16/08 WOLFGRAM, MARY 237.25 05/16/08 WOLFGRAM, TERESA 40.50 05/16/08 WOODMAN, ALICE 161.00 05/16/08 FITZENBERGER, VALERIE 192.00 05/16/08 GIERNET, ASHLEY 292.00 05/16/08 HER, SHILLAME 79.75 05/16/08 HOLMGREN, STEPHANIE 90.00 05/16/08 BATTLER, MELINDA 149.85 05/16/08 TOLENTINO, LISA 1,168.13 05/16/08 BEHAN, JAMES 2,204.11 05/16/08 DOUGLASS, TOM 1,240.12 05/16/08 GROPPOLI, JOE 243.00 05/16/08 PATTERSON, ALBERT 1,243.16 05/16/08 PRINS, KELLY 1,162.62 05/16/08 REILLY, MICHAEL 1,807.75 05/16/08 VANG, HUE 193.70 05/16/08 AICHELE, CRAIG 2,073.03 05/16/08 PRIEM, STEVEN 2,256.55 05/16/08 WOEHRLE, MATTHEW 2,233.93 05/16/08 BERGO, CHAD 2,355.82 05/16/08 FOWLDS, MYCHAL 2,561.82 05/16/08 FRANZEN, NICHOLAS 2,023.81 1005187 05/16/08 LONGRIE, DIANA 473.15 1005188 05/16/08 STEFFEN, LAINIE 204.00 1005189 05/16/08 WELCHLIN, CABOT 2,793.69 1005190 05/16/08 PASSI, CRYSTAL 600.00 1005191 05/16/08 GOODRICH, CHAD 509.25 1005192 05/16/08 HOLDER, MOLLY 72.00 1005193 05/16/08 LINDA, KELLIE 202.50 1005194 05/16/08 MALLET. AMANDA 48.00 1005195 05/16/08 ROBBINS, EMERALD 216.00 1005196 05/16/08 RYCHLICKI, NICHOLE 48.00 1005197 05/16/08 HER, PETER 236.80 1005198 05/16/08 VUE, LOR PAO 300.45 1005199 05/16/08 AICHELE, MEGAN 57.38 1005200 05/16/08 BENJAMIN, AYLA 19.50 1005201 05/16/08 CHASTAN, ADAM 19.50 1005202 05/16/08 DEMPSEY, BETH 98.00 1005203 05/16/08 FENGER, JUSTIN 100.20 1005204 05/16/08 GRANT, MELISSA 377.83 1005205 05/16/08 GRUENHAGEN, LINDA 654.90 1005206 05/16/08 HAGSTROM, EMILY 19.50 1005207 05/16/08 HOLMBERG, LADONNA 482.00 1005208 05/16/08 JASKEN, NICHOLAS 269.00 1005209 05/16/08 JOYER, JENNA 45.50 1005210 05/16/08 KOVACS, BREANNA 52.00 1005211 05/16/08 MCCANN, NATALIE 72.00 1005212 05/16/08 MCLAURIN, CHRISTOPHER 227.81 1005213 05/16/08 MCMAHON, MICHAEL 35.00 1005214 05/16/08 NADEAU, KELLY 50.63 1005215 05/16/08 NWANOKWALE, MORDY 224.09 1005216 05/16/08 OBRIEN, JULIE 120.00 1005217 05/16/08 PEHOSKl, JOEL 96.00 1005218 05/16/08 ROGNESS, TRYGGVE 183.53 1005219 05/16/08 ROSTRON, ROBERT 253.75 1005220 05/16/08 SAUCERMAN, MICHAEL 197.03 1005221 05/16/08 SCHAEFER, JAMES 116.00 1005222 05/16/08 SCHMIDT, JOHN 84.60 1005223 05/16/08 SCHUNEMAN, GREGORY 37.20 1005224 05/16/08 SKUNES, KELLY 74.25 1005225 05/16/08 STAHNKE, AMY 77.83 1005226 05/16/08 TUPY, ELIANA 51.00 1005227 05/16/08 WEDES, CARYL 98.00 1005228 05/16/08 WERNER, REBECCA 317.30 1005229 05/16/08 WICKNER, KRISTY 92.00 1005230 05/16/08 W1LLIAMS, KRISTINE 18.80 1005231 05/16/08 ZALK, 1DA 53.25 1005232 05/16/08 BOSLEY, CAROL 345.15 1005233 05/16/08 LEW1S, AMY 140.25 1005234 05/16/08 OlE, REBECCA 34.00 1005235 05/16/08 BATTLER, CASSANDRA 134.13 1005236 05/16/08 ZAGER, LINNEA 16.63 1005237 05/16/08 BIRKHOLZ, TYLER 36.25 1005238 05/16/08 BOWMAN, MATTHEW 239.00 1005239 05/16/08 SCHULZE, KEVIN 267.50 Total 463,087.22 Trans Date Posting Date Merchant Name Trans Amount Name 05/06/2008 05/07/2008 U OF M CCE $200.00 R CHARLES AHL 04/25/2008 04/28/2008 PARTY AMERICA 1006 $27.72 MANDY ANZALDI 04/29/2008 05/01/2008 ANDON BALLOONS INC - $111.83 MANDY ANZALDI 04/23/2008 04/28/2008 BLOOMINGTON SECURIT $118.48 JIM BEHAN 04/24/2008 04/28/2008 VIKING AUTOMATIC SPR $440.00 JIM BEHAN 05/05/2008 05/06/2008 TWIN CITY HARDWARE HADLEY $228.75 JIM BEHAN 05/05/2008 05/07/2008 DEPARTMENT OF LABOR AND I $20.00 JIM BEHAN 05/06/2008 05/07/2008 GCS $619.25 JIM BEHAN 05/07/2008 05/09/2008 THE HOME DEPOT 2801 $15.56 JIM BEHAN 05/08/2008 05/09/2008 HENRIKSEN ACE HARDWARE $35.54 JIM BEHAN 04/25/2008 04/28/2008 OFFICE DEPOT#1090 ($1,856.78) CHAD BERGO 04/30/2008 05/01/2008 DRI'ULTRAMON $88.23 CHAD BERGO 05/02/2008 05/05/2008 MOTOROLA DIRECT $28.37 CHAD BERGO 05/07/2008 05/09/2008 SPRINT RETAIL #226 $37.26 CHAD BERGO 05/01/2008 05/02/2008 DAVANNI'S #14 -LAUREL $8.57 RON BOURQUIN 05/05/2008 05/07/2008 MCDONALD'S F6493 $4.46 RON BOURQUIN 04/29/2008 05/01/2008 FLAGHOUSE INC $61.19 NEIL BRENEMAN 05/07/2008 05/08/2008 ALL STAR HEALTH.COM $45.90 NEIL BRENEMAN 05/07/2008 05/09/2008 CENTURY BOOKSTORE $34.00 TROY BRINK 05/01/2008 05/01/2008 CLOCK INC $479.25 DAN BUSACK 05/06/2008 05/08/2008 BROWNELLS INC $321.23 DAN BUSACK 05/07/2008 05/08/2008 DPMS PANTHER ARMS $276.05 DAN BUSACK 04/30/2008 04/30/2008 APL'APPLE ONLINE STORE $349.00 HEIDI CAREY 05/01/2008 05/05/2008 WHOLESALE BANNERZ $279.64 HEIDI CAREY 05/01/2008 05/05/2008 NYSTROM PUBLISHING $186.08 HEIDI CAREY 04/24/2008 04/28/2008 VIKING ELEC-CREDIT DEPT. $71.46 SCOTT CHRISTENSON 04/29/2008 04/30/2008 BAUDVILLE, INC $52.89 SCOTT CHRISTENSON 04/30/2008 05/02/2008 WW GRAINGER 497 $145.31 SCOTT CHRISTENSON 04/30/2008 05/02/2008 WW GRAINGER 497 $17.41 SCOTT CHRISTENSON 05/02/2008 05/05/2008 WESCO DISTRIBUTION #5456 $98.96 SCOTT CHRISTENSON 04/28/2008 04/30/2008 PANERA BREAD #1305 $17.63 CHARLES DEAVER 05/01/2008 05/02/2008 FRATTALLONE'S ACE HDWE $6.91 CHARLES DEAVER 05/01/2008 05/05/2008 RYCO SUPPLY COMPANY $88.55 CHARLES DEAVER 05/03/2008 05/05/2008 MENARDS 3022 $24.83 CHARLES DEAVER 04/24/2008 04/28/2008 THE HOME DEPOT 2801 $238.66 THOMAS DEBILZAN 04/24/2008 04/28/2008 THE HOME DEPOT 2801 $73.19 THOMAS DEBILZAN 05/07/2008 05/09/2008 OXYGEN SERVICE CO INC $50.24 DAVE EDSON 04/25/2008 04/28/2008 THE HOME DEPOT 2801 $48.06 LARRY FARR 04/26/2008 04/28/2008 TARGET 00021352 $63.88 LARRY FARR 04/28/2008 04/29/2008 ERIKS BIKE SHOP $26.61 LARRY FARR 04/28/2008 04/29/2008 BRIN NORTHWESTERN GLASS C $294.00 LARRY FARR 04/28/2008 04/29/2008 HOTSY EQUIPMENT OF MINNES $1,114.85 LARRY FARR 04/28/2008 05/01/2008 TRANE TWIN CITIES $662.50 LARRY FARR 04/30/2008 05/01/2008 MUSKA LIGHTING CENTER $97.75 LARRY FARR 04/30/2008 05/01/2008 CERTIFIED LABORATORIES $1,267.35 LARRY FARR 04/30/2008 05/01/2008 NAPA AUTO PARTS 3279016 $8.83 LARRY FARR 04/30/2008 05/02/2008 THE HOME DEPOT 2801 ($60.55) LARRY FARR 04/30/2008 05/02/2008 THE HOME DEPOT 2801 $28.51 LARRY FARR 05/02/2008 05/05/2008 ST PAUL LINOLEUM & CARPET $41.00 LARRY FARR 05/02/2008 05/05/2008 THE HOME DEPOT 2810 $123.86 LARRY FARR 05/05/2008 05/06/2008 WMS'WASTE MGMT WMEZPAY $667.04 LARRY FARR 05/05/2008 05/06/2008 WMS'WASTE MGMT WMEZPAY $384.58 LARRY FARR 05/05/2008 05/06/2008 WMS'WASTE MGMT WMEZPAY $1,059.23 LARRY FARR 05/06/2008 05/07/2008 SCHINDLER ELEVATOR CORP $507.27 LARRY FARR 05/06/2008 05/07/2008 BATTERIES PLUS $562.06 LARRY FARR 05/07/2008 05/09/2008 TARGET 00021352 $19.99 LARRY FARR 05/07/2008 05/09/2008 THE HOME DEPOT 2801 $63.41 LARRY FARR 05/08/2008 05/09/2008 MUSKA LIGHTING CENTER $442.31 LARRY FARR 04/30/2008 05/01/2008 PAYPAL'DISCOUNTCAR $34.94 KAREN FORMANEK 05/01/2008 05/02/2008 DATA BUSINESS SYSTEMS INC $51.38 KAREN FORMANEK 05/01/2008 05/05/2008 OFFICE DEPOT#1090 $12.74 KAREN FORMANEK 04/29/2008 04/29/2008 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 04/30/2008 05/01/2008 SYX'TIGERDIRECT.COM $123.23 MYCHAL FOWLDS 05/01/2008 05/02/2008 CRABTREE COMPANIES INC $4,781.36 MYCHAL FOWLDS 05/02/2008 05/05/2008 THE HOME DEPOT 2801 $222.59 MYCHAL FOWLDS 05/05/2008 05/07/2008 INSIGHT PUBLIC SECTOR $188.43 MYCHAL FOWLDS 04/25/2008 04/28/2008 CDW GOVERNMENT $350.21 NICK FRANZEN 04/25/2008 04/28/2008 PLI'KEYMETRICSOFTWARE $284.00 NICK FRANZEN 04/28/2008 04/29/2008 INSIGHT PUBLIC SECTOR $523.09 NICK FRANZEN 05/01/2008 05/01/2008 HP DIRECT-PUBLICSECTOR $1,549.10 NICK FRANZEN 05/01/2008 05/02/2008 SYX'TIGERDIRECT.COM $37.48 NICK FRANZEN 05/02/2008 05/05/2008 DRI'BUSINESS OBJECTS $626.18 NICK FRANZEN 05/02/2008 05/05/2008 FORESTRY SUPPLIERS, INC. $116.20 VIRGINIA GAYNOR 05/07/2008 05/08/2008 HENRIKSEN ACE HARDWARE $7.96 VIRGINIA GAYNOR 05/07/2008 05/08/2008 CUB FOODS, INC. $19.38 VIRGINIA GAYNOR 05/07/2008 05/08/2008 MENARDS 3059 $45.00 VIRGINIA GAYNOR 05/07/2008 05/09/2008 THE HOME DEPOT 2801 $210.82 VIRGINIA GAYNOR 05/08/2008 05/09/2008 HEJNY RENTAL $50.82 VIRGINIA GAYNOR 04/24/2008 04/28/2008 ASPEN MILLS INC. $59.90 CLARENCE GERVAIS 04/25/2008 04/28/2008 JAKE'S CITY GRILLE - M $47.47 CLARENCE GERVAIS 04/25/2008 04/28/2008 R D J SPECIALTIES $1,167.50 CLARENCE GERVAIS 04/29/2008 04/30/2008 FEDEX KINKO'S #0617 $140.58 CLARENCE GERVAIS 05/01/2008 05/02/2008 R D J SPECIALTIES $1,167.50 CLARENCE GERVAIS 05/08/2008 05/09/2008 MENARDS 3059 $32.25 CLARENCE GERVAIS 04/25/2008 04/28/2008 OFFICE DEPOT #1090 $114.99 JEAN GLASS 04/25/2008 04/28/2008 OFFICE DEPOT #1090 $57.49 JEAN GLASS 04/30/2008 05/02/2008 OFFICE DEPOT #1090 $47.29 JEAN GLASS 05/05/2008 05/06/2008 OFFICE DEPOT #1090 $61.32 JEAN GLASS 05/06/2008 05/08/2008 OFFICE DEPOT #1090 $51.08 JEAN GLASS 04/25/2008 04/28/2008 MICHAELS #9401 $9.62 JANET M GREW HAYMA~ 04/25/2008 04/28/2008 SAINT PAUL AREA CHAMBER $25.00 KAREN E GUILFOILE 05/05/2008 05/06/2008 DIS'RADIO DISNEY-KDIZ $2,700.00 KAREN E GUILFOILE 04/28/2008 04/30/2008 NIHCA NATIONAL INDEPENDEN $50.00 LORI HANSON 05/06/2008 05/07/2008 ARAMARK MINNEAPOLIS OCS $494.36 LORI HANSON 04/25/2008 04/28/2008 MENARDS 3059 ($4.24) PATRICK HEFFERNAN 04/25/2008 04/28/2008 MENARDS 3059 $28.98 PATRICK HEFFERNAN 04/25/2008 04/28/2008 THE HOME DEPOT 2801 $40.99 RICK HERLUND 04/25/2008 04/28/2008 ICI-DULUX-PAINTS #0092 $777.02 GARY HINNENKAMP 04/30/2008 05/01/2008 HYDROLOGIC $87.39 GARY HINNENKAMP 04/30/2008 05/01/2008 HYDROLOGIC $203.62 GARY HINNENKAMP 05/02/2008 05/05/2008 LESCO SC 0530 $84.14 GARY HINNENKAMP 05/03/2008 05/05/2008 OFFICE MAX $22.96 RON HORWATH 04/28/2008 04/30/2008 PANERA BREAD #1305 $47.00 ANN E HUTCHINSON 04/29/2008 05/01/2008 BARNES & NOBLE #2518 $12.67 ANN E HUTCHINSON 05/01/2008 05/02/2008 DE LACE LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 05/01/2008 05/02/2008 WALGREENS #6995 $15.34 ANN E HUTCHINSON 05/07/2008 05/09/2008 BARNES & NOBLE #2518 $124.07 ANN E HUTCHINSON 04/26/2008 04/28/2008 DALCO ENTERPRISES, INC $604.13 DAVID JAHN 05/06/2008 05/08/2008 THE HOME DEPOT 2801 $21.98 DAVID JAHN 04/30/2008 05/02/2008 SUPERAMERICA 4022 $43.41 KEVIN JOHNSON 05/08/2008 05/09/2008 MOGREN LANDSCAPE SUPPLY L $31.50 DON JONES 04/24/2008 04/28/2008 MILLS FLEET FARM #27 $42.56 BERNARD R JUNGMANN 04/28/2008 04/29/2008 TARGET 00011858 $97.99 BERNARD R JUNGMANN 04/28/2008 04/29/2008 ADVANCED GRAPHIX INC $60.71 BERNARD R JUNGMANN 04/28/2008 04/29/2008 ADVANCED GRAPHIX INC $53.25 BERNARD R JUNGMANN 04/29/2008 04/29/2008 TRI-ANIM HEALTH SERVICES $566.24 BERNARD R JUNGMANN 04/29/2008 04/30/2008 CHD'C AND H DISTRIBTRS $514.52 BERNARD R JUNGMANN 05/01/2008 05/01/2008 TRI-ANIM HEALTH SERVICES $112.40 BERNARD R JUNGMANN 05/06/2008 05/07/2008 ALLINA EMGERGENCY MED ED $100.00 BERNARD R JUNGMANN 05/07/2008 05/08/2008 SARPINO'S PIZZERIA $42.31 BERNARD R JUNGMANN 04/30/2008 05/02/2008 THE HOME DEPOT 2801 $407.20 TOM KALKA 04/30/2008 05/01/2008 FAMOUS DAVE'S #2005 $25.09 FLINT KARTS 04/26/2008 04/28/2008 SUBWAY #5215 $209.72 DUWAYNE KONEWKO 05/01/2008 05/02/2008 VZWRLSS'APOCC VISN $112.15 DUWAYNE KONEWKO 05/02/2008 05/05/2008 NATIONAL CAMERA EXCHANGE $428.58 JASON KREGER 04/28/2008 04/29/2008 OFFICE DEPOT #1090 $79.77 LISA KROLL 04/29/2008 04/30/2008 LILLIE SUBURBAN NEWSPAPE $1,003.46 LISA KROLL 04/30/2008 05/02/2008 ADVANCED GRAPHIC SYSTEMS $202.35 LISA KROLL 04/30/2008 05/02/2008 ADVANCED GRAPHIC SYSTEMS $77.75 LISA KROLL 05/01/2008 05/05/2008 STAPLES DIRECT00209411 $65.42 LISA KROLL 05/07/2008 05/09/2008 OFFICE DEPOT #1090 $55.34 LISA KROLL 04/25/2008 04/28/2008 HEJNY RENTAL $866.17 RANDY LINDBLOM 04/29/2008 05/01/2008 THE TESSMAN COMPANY $477.26 RANDY LINDBLOM 05/06/2008 05/07/2008 HEJNY RENTAL ($604.40) RANDY LINDBLOM 05/06/2008 05/08/2008 SUPERAMERICA 4022 $3.39 RANDY LINDBLOM 05/07/2008 05/09/2008 SPRINT RETAIL #226 $37.26 RANDY LINDBLOM 04/24/2008 04/28/2008 FURY DODGE CHRYSLER $751.11 STEVE LUKIN 04/25/2008 04/28/2008 AIRGAS NORTH CENTRAL $3,209.53 STEVE LUKIN 04/29/2008 05/01/2008 ASPEN MILLS INC. $51.12 STEVE LUKIN 04/30/2008 05/01/2008 NARDINI FIRE EQUIPMENT $110.00 STEVE LUKIN 04/30/2008 05/02/2008 AIRGAS NORTH CENTRAL $1,060.24 STEVE LUKIN 04/30/2008 05/05/2008 ASPEN MILLS INC. $119.85 STEVE LUKIN 05/05/2008 05/07/2008 AIRGAS NORTH CENTRAL $132.60 STEVE LUKIN 05/07/2008 05/08/2008 NORTHERN TOOL EQUIP $95.82 STEVE LUKIN 05/08/2008 05/09/2008 AMERICAN FLAGPOLE & FLAG $372.00 STEVE LUKIN 05/05/2008 05/06/2008 HENRIKSEN ACE HARDWARE $241.51 MARK MARUSKA 05/05/2008 05/07/2008 DEGE GARDEN CENTER $59.55 MARK MARUSKA 05/06/2008 05/07/2008 DAVIS LOCK & SAFE $256.30 MARK MARUSKA 05/07/2008 05/08/2008 MENARDS 3022 $621.15 MARK MARUSKA 05/08/2008 05/09/2008 WMS'WASTE MGMT WMEZPAY $1,185.73 MARK MARUSKA 05/02/2008 05/05/2008 RAINBOW FOODS 00088153 $54.60 JON A MELANDER 05/06/2008 05/08/2008 THE HOME DEPOT #2819 $60.89 JON A MELANDER 04/28/2008 04/28/2008 COMCAST CABLE COMM $139.70 ROBERT MITTET 05/02/2008 05/05/2008 FSH COMMUNICATION01 OF 01 $63.90 ROBERT MITTET 04/30/2008 05/01/2008 METROCALL/ARCH WIRE $15.93 ED NADEAU 04/25/2008 04/28/2008 OFFICE DEPOT #1090 $255.24 AMY NIVEN 04/28/2008 04/29/2008 OFFICE DEPOT #1090 $28.74 AMY NIVEN 04/29/2008 05/01/2008 OFFICE DEPOT #1090 $55.10 AMY NIVEN 05/01/2008 05/05/2008 OFFICE DEPOT#1090 $184.33 AMY NIVEN 05/07/2008 05/09/2008 GRUBER'S POWER EQUIPME $3.46 RICHARD NORDQUIST 04/29/2008 05/02/2008 OAKDALE RENTAL CENTER $195.64 ERICK OSWALD 04/24/2008 04/28/2008 OFFICE DEPOT #1090 $37.34 MARY KAY PALANK 05/07/2008 05/09/2008 OFFICE DEPOT #1090 $129.39 MARY KAY PALANK 05/05/2008 05/07/2008 CHECKER #182800018283 $7.44 ROBERT PETERSON 05/07/2008 05/09/2008 CHECKER #182800018283 ($7.44) ROBERT PETERSON 04/28/2008 04/30/2008 WOLF CAMERA#1530 $6.81 PHILIP F POWELL 04/30/2008 05/01/2008 SPEED TECH INSTRUMENTS $182.00 PHILIP F POWELL 04/30/2008 05/01/2008 ABACUS PLUS SERVICES INC $293.94 PHILIP F POWELL 04/30/2008 05/02/2008 ADVANCED GRAPHIC SYSTEMS $401.51 PHILIP F POWELL 05/01/2008 05/02/2008 MEDCO SUPPLY $63.74 PHILIP F POWELL 05/03/2008 05/05/2008 CPD INDUSTRIES $52.67 PHILIP F POWELL 05/05/2008 05/06/2008 MEDTECH FORENSICS INC $132.30 PHILIP F POWELL 05/06/2008 05/08/2008 CIRCUIT CITY SS #3137 $202.34 PHILIP F POWELL 04/30/2008 05/01/2008 CINTAS FIRST AID #431 ($89.35) WILLIAM J PRIEFER 05/01/2008 05/02/2008 GE CAPITAL $331.22 WILLIAM J PRIEFER 04/24/2008 04/28/2008 KATH AUTO PARTS NSP $13.20 STEVEN PRIEM 04/24/2008 04/28/2008 KATH AUTO PARTS NSP $96.22 STEVEN PRIEM 04/24/2008 04/28/2008 KATH AUTO PARTS NSP $19.91 STEVEN PRIEM 04/24/2008 04/28/2008 ZARNOTH BRUSH WORKS $1,043.70 STEVEN PRIEM 04/24/2008 04/28/2008 COMO LUBE & SUPPLIES $111.83 STEVEN PRIEM 04/25/2008 04/28/2008 KATH AUTO PARTS NSP $11.47 STEVEN PRIEM 04/25/2008 04/28/2008 FACTORY MOTOR PARTS #19 $151.10 STEVEN PRIEM 04/28/2008 04/30/2008 TOUSLEY FORD 127200039 $286.11 STEVEN PRIEM 04/28/2008 04/30/2008 EAT INC $45.53 STEVEN PRIEM 04/29/2008 04/30/2008 POLAR CHEVROLET MAZDA PAR $24.45 STEVEN PRIEM 04/29/2008 05/01/2008 KATH AUTO PARTS NSP $17.01 STEVEN PRIEM 04/30/2008 05/01/2008 NAPA AUTO PARTS 3279016 $17.03 STEVEN PRIEM 04/30/2008 05/02/2008 KATH AUTO PARTS NSP $12.40 STEVEN PRIEM 04/30/2008 05/02/2008 KATH AUTO PARTS NSP $29.93 STEVEN PRIEM 05/01/2008 05/02/2008 BAUER BULT TRE33200023 $176.68 STEVEN PRIEM 05/01/2008 05/05/2008 KATH AUTO PARTS NSP $51.65 STEVEN PRIEM 05/01/2008 05/05/2008 KATH AUTO PARTS NSP $11.48 STEVEN PRIEM 05/01/2008 05/05/2008 ZARNOTH BRUSH WORKS $1,211.97 STEVEN PRIEM 05/01/2008 05/05/2008 FACTORY MOTOR PARTS #19 $99.64 STEVEN PRIEM 05/01/2008 05/05/2008 BOYER FORD TRUCKS INC $112.53 STEVEN PRIEM 05/02/2008 05/05/2008 GOODYEAR AUTO SRV CT 6920 $47.00 STEVEN PRIEM 05/02/2008 05/05/2008 GOODYEAR AUTO SRV CT 6920 $47.00 STEVEN PRIEM 05/02/2008 05/05/2008 PARTS ASSOCIATES INC $276.99 STEVEN PRIEM 05/05/2008 05/06/2008 PIONEER RIM & WHEEL CO. $281.71 STEVEN PRIEM 05/05/2008 05/07/2008 KATH AUTO PARTS NSP $83.55 STEVEN PRIEM 05/05/2008 05/07/2008 KATH AUTO PARTS NSP $50.24 STEVEN PRIEM 05/05/2008 05/07/2008 LARRY REIDS WHITE BEARD $31.18 STEVEN PRIEM 05/05/2008 05/07/2008 TOUSLEY FORD 127200039 $103.83 STEVEN PRIEM 05/06/2008 05/08/2008 KATH AUTO PARTS NSP $10.17 STEVEN PRIEM 05/07/2008 05/08/2008 FASTENAL CO-RETAIL $14.40 STEVEN PRIEM 05/07/2008 05/08/2008 POLAR CHEVROLET MAZDA ACC $37.57 STEVEN PRIEM 05/07/2008 05/08/2008 POLAR CHEVROLET MAZDA PAR $74.37 STEVEN PRIEM 05/07/2008 05/09/2008 KATH AUTO PARTS LC $16.24 STEVEN PRIEM 05/07/2008 05/09/2008 KATH AUTO PARTS NSP $39.24 STEVEN PRIEM 05/07/2008 05/09/2008 KATH AUTO PARTS NSP $27.65 STEVEN PRIEM 05/07/2008 05/09/2008 KATH AUTO PARTS NSP $124.93 STEVEN PRIEM 05/07/2008 05/09/2008 KATH AUTO PARTS NSP $137.07 STEVEN PRIEM 05/07/2008 05/09/2008 TOUSLEY FORD 127200039 $395.49 STEVEN PRIEM 05/07/2008 05/09/2008 TOUSLEY FORD 127200039 $299.94 STEVEN PRIEM 04/25/2008 04/28/2008 THE UPS STORE #2171 $36.03 KEVIN RABBETT 04/25/2008 04/28/2008 OLYMPIC UNIFORMS $144.93 KEVIN RABBETT 04/28/2008 04/29/2008 GRAFIX SHOPPE $475.00 KEVIN RABBETT 05/01/2008 05/05/2008 UNIFORMS UNLIMITED $1,115.83 KEVIN RABBETT 05/02/2008 05/05/2008 SHRED-IT 01 OF 01 $49.95 KEVIN RABBETT 05/07/2008 05/08/2008 HEALTHEAST TRANSPORTATN $1,030.61 KEVIN RABBETT 05/08/2008 05/09/2008 PENTAX IMAGING CO $55.05 KEVIN RABBETT 05/01/2008 05/02/2008 THE STAR TRIBUNE ADVERTIS $650.00 TERRIE RAMEAUX 05/06/2008 05/07/2008 MN OCCUPATIONAL HEALTH $1,229.50 TERRIE RAMEAUX 04/26/2008 04/28/2008 DALCO ENTERPRISES, INC $588.31 MICHAEL REILLY 04/29/2008 04/30/2008 HILLYARD INC MINNEAPOLIS $1,434.47 MICHAEL REILLY 04/25/2008 04/28/2008 TARGET 00021014 $29.44 AUDRA ROBBINS 04/28/2008 04/29/2008 WALGREENS #2936 $12.65 AUDRA ROBBINS 04/28/2008 04/29/2008 TLF'HERMES FLORAL/ECO $324.83 AUDRA ROBBINS 05/01/2008 05/02/2008 COMPLETE MUSIC & VID $70.00 AUDRA ROBBINS 05/08/2008 05/09/2008 AMERICAN RED CROSS TWIN C $186.44 AUDRA ROBBINS 05/04/2008 05/06/2008 KATH AUTO PARTS LC $47.93 ROBERT RUNNING 05/07/2008 05/08/2008 MOGREN LANDSCAPE SUPPLY L $5.32 ROBERT RUNNING 05/07/2008 05/08/2008 MENARDS 3059 $34.30 ROBERT RUNNING 05/07/2008 05/09/2008 KATH AUTO PARTS LC $21.66 ROBERT RUNNING 05/08/2008 05/09/2008 MOGREN LANDSCAPE SUPPLY L $266.25 ROBERT RUNNING 04/28/2008 04/30/2008 LEEANN CHIN #017 MAPLERID $134.56 HARRIET J RYDEL 05/01/2008 05/02/2008 GE CAPITAL $43.67 HARRIET J RYDEL 05/01/2008 05/02/2008 WAL-MART#5437 $10.49 HARRIET) RYDEL 05/01/2008 05/05/2008 PIZZA H013851 48238513 $70.26 HARRIET J RYDEL 05/05/2008 05/06/2008 WAL-MART #2087 $24.58 HARRIET J RYDEL 05/05/2008 05/07/2008 TGI FRIDAY'S #0472 $178.88 HARRIET J RYDEL 04/24/2008 04/28/2008 BROCK WHITE-180 $359.52 SCOTT SCHULTZ 04/24/2008 04/28/2008 BROCK WHITE-180 $59.92 SCOTT SCHULTZ 04/30/2008 05/01/2008 SPECIALIZED ARMAMENT $800.00 MICHAEL SHORTREED 05/01/2008 05/05/2008 UNIFORMS UNLIMITED INC $326.62 MICHAEL SHORTREED 05/02/2008 05/05/2008 GAL'GALLS INC $342.06 MICHAEL SHORTREED 05/05/2008 05/06/2008 GAL'GALLS INC $396.42 MICHAEL SHORTREED 05/07/2008 05/09/2008 GOODYEAR AUTO SRV CT 6920 $47.00 MICHAEL SHORTREED 04/25/2008 04/28/2008 OFFICE DEPOT #1090 $77.16 ANDREA SINDT 04/30/2008 05/02/2008 ADVANCED GRAPHIC SYSTEMS $139.20 ANDREA SINDT 05/02/2008 05/05/2008 ROWS VIRTUE PRINTI $263.75 ANDREA SINDT 05/05/2008 05/07/2008 INT'L CODE COUNCIL INC 04/26/2008 04/28/2008 U OF M EXTENSION SERVICE 05/06/2008 05/06/2008 U OF M EXTENSION SERVICE 04/29/2008 05/01/2008 GOPHER STAGE LIGHTING 05/07/2008 05/09/2008 INNOVATIVE COLOR PRINTING 05/01/2008 05/02/2008 T-MOBILE RECURRING PMT 05/01/2008 05/05/2008 STRAUSS SKATE & BICYCLES 05/01/2008 05/05/2008 STRAUSS SKATE & BICYCLES 04/25/2008 04/28/2008 HOLIDAY INN HOTEL AND SUI 04/24/2008 04/28/2008 QUILL CORPORATION 04/28/2008 04/29/2008 AE SIGN SYSTEMS 04/28/2008 04/30/2008 QUILL CORPORATION 04/29/2008 05/01/2008 QUILL CORPORATION 04/30/2008 05/02/2008 GREEN STUFF INC 04/30/2008 05/02/2008 GREEN STUFF INC 05/01/2008 05/02/2008 RELIABLE $100.00 $13.84 $25.56 $102.20 $181.71 $107.39 $672.00 $300.00 $411.36 $72.89 $66.23 $128.55 $137.70 $231.40 $169.42 $69.08 TOTAL $63,949.76 ANDREA SINDT CHRISTINE SOUTTER CHRISTINE SOUTTER PAULINE STAPLES PAULINE STAPLES DOUGLAS J TAUBMAN JAMES TAYLOR JAMES TAYLOR DAVID J THOMALLA SUSAN ZWIEG SUSAN ZWIEG SUSAN ZWIEG SUSAN ZWIEG SUSAN ZWIEG SUSAN ZWIEG SUSAN ZWIEG AGENDA NO. I-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: June 9, 2008 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: $ 1,064,208.84 Checks # 75566 thru # 75607 dated 5/16/08 thru 5/27/08. $ 307,994.35 Disbursements via debits to checking account dated 5/15/08 thru 5/21/08. $ 526,103.94 Checks # 75608 thru # 75664 dated 06/03/08 $ 122,420.21 Disbursements via debits to checking account dated 05/23/08 thru 05/30/08 $ 2,020,727.34 Total Accounts Payable PAYROLL $ 463,902.44 Payroll Checks and Direct Deposits dated 05/30/08 $ 786.36 Payroll Deduction check # 1005304 thru # 1005305 dated 05/30/08 $ 464,688.80 Total Payroll $ 2,485,416.14 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2903 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\2008\AprClms 5-23 AND 5-30 Check Register City of Maplewood 05/22/2008 Check Date Vendor Description Amount 75566 75567 75568 75569 75570 75571 75572 75573 75574 75575 75576 75577 75578 75579 75580 75581 75582 75583 75584 75585 75586 75587 75588 75589 75590 75591 75592 75593 75594 75595 75596 75597 75598 75599 75600 75601 75602 75603 75604 75605 75606 75607 05/16/2008 05/19/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 05/27/2008 04054 04082 00111 03576 00687 00908 01018 00102 02510 03738 04085 02149 02149 04083 04087 02396 02158 03597 04086 03636 00857 00932 00985 03997 03997 01175 01202 01202 01202 00001 00001 00001 01283 00396 03427 02574 01398 04043 04043 04043 04043 03398 03398 01463 04084 01836 01836 01574 01574 01574 01588 02464 03682 STEVEN REED NAUTILUS/SCHWINN ANIMAL CONTROL SERVICES INC EUREKA RECYCLING HUGO'S TREE CARE INC MRPA MINNEAPOLIS FINANCE DEPT CAROLE ANDERSON ANIMALS OF WALTON'S HOLLOW BETHEL & ASSOCIATES, PA C.W. HOULE, INC. HEIDI CAREY HEIDI CAREY CHISAGO COUNTY GOVERNMENT CTR COMMONBOND COMMUNITIES SHANN PINWALE LORIHANSEN MARY JO HOFMEISTER TRENT JOHNSON SCOTTLANGNER LEAGUE OF MINNESOTA CITIES MAPLEWOOD BAKERY METROPOLITAN COUNCIL MFRA MFRA CITY OF NORTH ST PAUL NYSTROM PUBLISHING CO INC NYSTROM PUBLISHING CO INC NYSTROM PUBLISHING CO INC ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR POST BOARD DEPT OF PUBLIC SAFETY NANCY RICHTER JEFFREY RIDER MICHAEL RYAN SCHWAN FOOD CO SCHWAN FOOD CO SCHWAN FOOD CO SCHWAN FOOD CO SHAMROCK GROUP SHAMROCK GROUP SISTER ROSALIND GEFRE SKIP'S SPRINKLERS CITY OF ST PAUL CITY OF ST PAUL T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC DOUGLAS J TAUBMAN US BANK USAINFLATABLES 42 Checks in this report. DJ SERVICES STRENGTH & CARDIO EQUIPMENT PATROL & BOARDING FEE 5/5 - 5/18 RECYCLING -MAY BLVD TREE REMOVAL MEDICA PROGRAM REGISTRATION AUTO PAWN SYSTEM FEE -MARCH REIMB FOR SHOES/MCC PETTING ZOO FOR TASTE OF MW RETAINER FOR LEGAL SERVICES -JUNE PROJ 07-21 KOHLMAN LANE PARTPMT#1 DESIGN WORK DESIGN WORK REGISTER NOTARY COMMISSION PASS THROUGH GRANT-COMMONBONDS REIMB FOR TUITION/BOOKS 3/5 - 4/23 REIMB FOR MILEAGE 4/8 - 4/9 REIMB FOR MILEAGE 4/17 - 5/15 REIMB FOR MILEAGE & CELL 5/12 - 6/12 REIMB FOR TUITION 1/7 - 3/20 REGISTRATION FEE COOKIES -MEETING FOR RENTALS MCC WASTEWATER -JUNE COMPREHENSIVE PLAN LAND USE PARKS, TRAILS & OPEN SPACE MONTHLY UTILITIES RECREATION BROCHURE SUMMER 08 CITY NEWSLETTER CITY NEWSLETTER REIMB R JOHANEK PROJ 07-01 REFUND A SOKOLA -MEMBERSHIP REFUND B WINDHOLZA-MEDICA POLICE OFFICER LICENSES TRANSFER TITLE OF FORFEITURE REIMB FOR EDUCATION/TRAINING 4/4-6 REIMB FOR EXPLORERS FUN DAY RETIRED OFFICER IN COURT CN81005328 MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE MCC MASSAGES -APRIL PROJ 07-01 BROOKVIEW IRRIGATION SYS CRIME LAB SERVICES -APRIL ELECTRIC LOCATE -STREET LIGHTS PROJ 07-15 LARK/PROSPERITY PROJ 07-14 FERNDALE/GERANIUM VARIOUS BITUMINOUS MATERIALS REIMB FOR MILEAGE 4/1 - 5/7 FUNDS FOR ATM INFLATABLES FOR TASTE OF MW 6/19 175.00 69,575.89 1,406.26 18,528.23 832.83 750.00 401.00 33.99 917.00 6,600.00 118, 506.66 1,600.00 1,400.00 100.00 300,000.00 1,305.00 46.06 12.37 78.48 930.00 20.00 60.27 206,197.53 15,846.82 4,660.14 2,849.57 9,182.81 3,244.00 3,244.00 1,120.00 47.93 40.00 1,530.00 200.75 249.00 50.56 165.06 107.49 71.53 31.77 26.58 301.00 127.00 1,095.00 253.08 165.00 50.90 180, 378.41 96,963.79 2,063.37 46.51 10,000.00 620.20 1.064.208.84 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 5/15/2008 5/16/2008 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 16,739.81 5/15/2008 5/16/2008 MN Dept of Natural Resources DNR electronic licenses 2,431.50 5/15/2008 5/16/2008 MN Dept of Natural Resources DNR electronic licenses 193.00 5/15/2008 5/16/2008 ICMA (Vantagepointe) Deferred Compensation 3,593.23 5/16/2008 5/19/2008 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 16,402.68 5/16/2008 5/19/2008 US Treasurer Federal Payroll Tax (FICA) 91,011.07 5/16/2008 5/19/2008 PERA PERA 71,602.87 5/16/2008 5/19/2008 Orchard Trust/ Great West Deferred Compensation 24,435.31 5/19/2008 5/20/2008 Tues MN State Treasurer Drivers License/Deputy Registrar(city clrk) 23,803.68 5/19/2008 5/20/2008 MidAmerica - ING HRA Flex plan 1,329.29 5/19/2008 5/20/2008 Labor Unions Union Dues 735.00 5/19/2008 5/20/2008 MN State Treasurer State Payroll Tax 17,531.73 5/19/2008 5/20/2008 WI Dept of Revenue State Payroll Tax 1,049.75 5/20/2008 5/21/2008 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 14,889.38 5/20/2008 5/21/2008 Pitney Bowes Postage 2,985.00 5/21/2008 5/22/2008 Thurs MN State Treasurer Drivers License/Deputy Registrar(city clrk) 17,432.45 5/21/2008 5/22/2008 ARC Administration HRA Flex plan 1,828.60 TOTAL 307,994.35 "Detailed listing of VISA purchases is attached. Check Register City of Maplewood 06/01 /2008 Check Date Vendor Description Amount 75608 05/28/2008 04088 COMMONWEALTH LAND TITLE INS CO 75609 05/28/2008 04089 ST PAUL'S MONASTERY 75610 06/03/2008 00908 M R P A 75611 06/03/2008 01819 MCLEOD USA 75612 06/03/2008 02105 MN TRANSPORTATION ALLIANCE 75613 06/03/2008 01360 REINHART FOODSERVICE 75614 06/03/2008 01190 XCEL ENERGY 06/03/2008 01190 XCEL ENERGY 75615 06/03/2008 01798 YOCUM OIL CO. 75616 06/03/2008 03744 ANTHONY BARILLA, JR 75617 06/03/2008 04072 BERNTSEN INTERNATIONAL, INC. 75618 06/03/2008 03513 BRIAN BIERDEMAN 75619 06/03/2008 01865 DON BOWMAN 75620 06/03/2008 03812 JASON BRASH 75621 06/03/2008 00211 BRAUN INTERTEC CORP. 06/03/2008 00211 BRAUN INTERTEC CORP. 06/03/2008 00211 BRAUN INTERTEC CORP. 75622 06/03/2008 04085 C.W. HOULE, INC. 75623 06/03/2008 04094 CASILLAS GLASS, LLC 75624 06/03/2008 02396 SHANN PINWALE 75625 06/03/2008 03516 ANTHONY GABRIEL 75626 06/03/2008 00543 GE CAPITAL 75627 06/03/2008 03982 JOSIE GEIGER 75628 06/03/2008 02950 CHAD HERMANSON 75629 06/03/2008 03538 PATRICK JAMES HUBBARD 75630 06/03/2008 03956 KATIE INCANTALUPO 75631 06/03/2008 02995 INTEGRATED LOSS CONTROL INC 75632 06/03/2008 03942 INTERIOR CONSTRUCTION SERVICES 75633 06/03/2008 04095 BERNARD JUNGMANN 75634 06/03/2008 03688 KAMI INC 75635 06/03/2008 03729 KNAAK & KANTRUD PA 75636 06/03/2008 02215 JASON MARINO 75637 06/03/2008 03270 MICHAEL A. MILLER/ISN 75638 06/03/2008 00395 DEPT OF NATURAL RESOURCES 75639 06/03/2008 04091 MATTHEW D. NEWPOWER 75640 06/03/2008 04092 NORTHWEST ASPHALT, INC. 75641 06/03/2008 01202 NYSTROM PUBLISHING CO INC 75642 06/03/2008 00001 ONE TIME VENDOR 75643 06/03/2008 00001 ONE TIME VENDOR 75644 06/03/2008 00001 ONE TIME VENDOR 75645 06/03/2008 00001 ONE TIME VENDOR 75646 06/03/2008 00001 ONE TIME VENDOR 75647 06/03/2008 00001 ONE TIME VENDOR 75648 06/03/2008 01863 ROGER PACKER 75649 06/03/2008 03865 STEVE PEARSON 75650 06/03/2008 04093 PRIME STRIPE INC. 75651 06/03/2008 04053 PROFESSIONAL DRAIN SRVS, INC. 06/03/2008 04053 PROFESSIONAL DRAIN SRVS, INC. 06/03/2008 04053 PROFESSIONAL DRAIN SRVS, INC. 06/03/2008 04053 PROFESSIONAL DRAIN SRVS, INC. 75652 06/03/2008 02500 ROWEKAMP ASSOCIATES INC 06/03/2008 02500 ROWEKAMP ASSOCIATES INC 75653 06/03/2008 01397 RYAN PLUMBING & HEATING CO. 75654 06/03/2008 01418 SAM'S CLUB DIRECT 06/03/2008 01418 SAM'S CLUB DIRECT 06/03/2008 01418 SAM'S CLUB DIRECT 06/03/2008 01418 SAM'S CLUB DIRECT 75655 06/03/2008 03073 SANDERS WACKER BERGLY INC PASS THRU GRANT COMMONWEALTH ESCROW FOR PUB IMP 07-24 ADULT SOFTBALL TEAM LOCAL PHONE SERVICE 4/16 - 5/15 MEMBERSHIP DUES MDSE FOR RESALE ELECTRIC & GAS UTILITY METERED SPEED SIGN UNLEADED MID-GRADE 89 OCT VOLLEYBALL REFEREE -SPRING FENCING POSTS/CARS TURRNET MESH K-9 MAINTENANCE -JUNE VOLLEYBALL REFEREE -SPRING REIMB FOR TUITION & BOOKS 1/14 - 5/14 PROJ 07-15 PROF SRVS THRU 5/16 PROJ 07-27 PROF SRVS THRU 5/16 PROJ 07-14 PROF SRVS THRU 5/16 PROJ 07-21 TRIM TREES ON KELLER REPLACE BROKEN GLASS AT PW REIMB FOR SUPPLIES - WATERFEST K-9 MAINTENANCE -JUNE MONTHLY LEASE FOR RICOH 3500 VOLLEYBALL REFEREE -SPRING BIKE PARTOL JACKETS- POLICE VOLLEYBALL REFEREE -SPRING ZUMBA FITNESS INSTRUCTOR CONSOLATION LABOR FOR SAFETY PAINT CRAFT ROOM AT MCC REIMB FOR EMS LUNCHEON 5/23 ESCROW RELEASE GRADING N 3033 PROSECUTION & LEGAL SERVICES - SECURITY OFFICER FOR RECEPTION SOFTBALL UMPIRES 4/21 - 5/22 PUMP CANVAS /LINERS ESCROW RELEASE 1812 KENNARD ST ESCROW RELEASE FROM GORDON PARK & REC BROCHURE 3/1 REIMB J EWALD -FLOWERS AT PARK REFUND M O'CONNOR BCBS BENEFIT REFUND S DICKHAUSEN CLASS REFUND OAKDALE ELEMENTARY REFUND T MOLINE UCARE MARCH REFUND J ALBERTSON MEDICA BENEFIT VOLLEYBALL REFEREE -SPRING VOLLEYBALL REFEREE -SPRING SOCCER GATE EQUIPMENT PROJ 07-26 SEWER TELEVISING PROJ 07-26 SEWER TELEVISING PROJ 07-26 SEWER TELEVISING PROJ 07-26 SEWER TELEVISING TECHNICAL CONSULTING JAN -MARCH TECHNICAL CONSULTING -APRIL RPZ TEST FOR 3 IRRIGATION SYSTEMS MDSE FOR RESALE MDSE FOR RESALE PROGRAM SUPPLIES PROGRAM SUPPLIES ARCHITECTURAL SRVS 3/1 - 4/30 300,000.00 60,000.00 2,079.00 1, 515.61 700.00 167.28 24,834.60 10.62 23,480.91 368.00 431.53 35.00 240.00 319.88 2,043.38 1, 045.00 556.25 880.00 80.00 19.03 35.00 395.45 552.00 76.68 552.00 667.20 1,140.00 1, 240.00 51.45 10, 366.16 16, 500.00 245.00 4, 711.75 284.50 1, 252.98 10, 000.00 8,534.91 196.14 140.00 50.00 24.00 20.00 20.00 138.00 230.00 370.95 434.00 284.00 234.00 234.00 1, 740.00 810.00 585.00 348.89 309.68 177.06 23.15 872.50 75656 06/03/2008 03879 SANSIO EMS RUNSHETS & SUBSCRIPTION - 614.60 75657 06/03/2008 01836 CITY OF ST PAUL PROJ 06-16 HYDRANT WORK 1,653.53 06/03/2008 01836 CITY OF ST PAUL SIGNAL REPAIR 590.86 75658 06/03/2008 02853 JOANNE SVENDSEN REIMB FOR MILEAGE 11/19/07 - 5/22 11.17 75659 06/03/2008 01574 T.A. SCHIFSKY & SONS, INC PROJ 02-08 CO RD D FINAL PMT #15 21,277.33 06/03/2008 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 831.51 75660 06/03/2008 04081 MICHAEL W. THOMPSON REIMB FOR TUITION & BOOKS SPRING 08 6,850.00 75661 06/03/2008 02069 ULTIMATE DRAIN SERVICES INC PROJ 07-15 SEWER TELEVISING 515.00 75662 06/03/2008 02464 US BANK FUNDS FOR ATM 10,000.00 75663 06/03/2008 01750 THE WATSON CO INC MDSE FOR RESALE 386.07 06/03/2008 01750 THE WATSON CO INC MDSE FOR RESALE 316.33 75664 06/03/2008 01764 TOM WESTLING TENNIS INSTRUCTOR-SPRING 405.00 526.103.94 57 Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 5/22/2008 5/23/2008 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 11,623.58 5/22/2008 5/23/2008 MN Dept of Natural Resources DNR electronic licenses 1,714.00 5/22/2008 5/23/2008 MN Dept of Natural Resources DNR electronic licenses 88.50 5/24/2008 5/26/2008 Mon Holiday 0.00 5/26/2008 5/27/2008 Tues MN State Treasurer Drivers License/Deputy Registrar(city clrk) 12,017.07 5/27/2008 5/28/2008 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 16,693.42 5/27/2008 5/28/2008 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 3,492.63 5/27/2008 5/28/2008 Wed US Bank VISA One Card` Purchasing Card Items 42,007.00 5/28/2008 5/29/2008 Thurs MN State Treasurer Drivers License/Deputy Registrar(city clrk) 14,982.00 5/29/2008 5/30/2008 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 19,802.01 TOTAL 7ZY,4ZU.Z7 `Detailed listing of VISA purchases is attached. Trans Date Posting Date Merchant Name Trans Amount Name 05/16/2008 05/20/2008 GRAND VIEW LODGE & TENNIS $312.20 R CHARLES AHL 05/15/2008 05/19/2008 MICHAELS #2744 $35.02 MANDY ANZALDI 05/16/2008 05/19/2008 ORIENTAL TRADING CO $189.72 MANDY ANZALDI 05/17/2008 05/19/2008 S&S WORLDWIDE $156.43 MANDY ANZALDI 05/21/2008 05/22/2008 CUB FOODS, INC. $9.18 MANDY ANZALDI 05/22/2008 05/23/2008 SWEET CELEBRATIONS MAP $7.34 MANDY ANZALDI 05/14/2008 05/15/2008 NELSONS CHEESE & DELI $9.00 JIM BEHAN 05/15/2008 05/19/2008 GABES BY THE PARK $13.67 JIM BEHAN 05/20/2008 05/22/2008 THE HOME DEPOT 2801 $2.53 JIM BEHAN 05/22/2008 05/23/2008 MUSKA LIGHTING CENTER $684.52 JIM BEHAN 05/22/2008 05/23/2008 NUCO2 $50.32 JIM BEHAN 05/22/2008 05/23/2008 NUCO2 $63.29 JIM BEHAN 05/22/2008 05/23/2008 NUCO2 $80.57 JIM BEHAN 05/22/2008 05/23/2008 NUCO2 $47.98 JIM BEHAN 05/22/2008 05/23/2008 NUCO2 $43.93 JIM BEHAN 05/22/2008 05/23/2008 NUCO2 $56.28 JIM BEHAN 05/22/2008 05/23/2008 NUCO2 $69.06 JIM BEHAN 05/22/2008 05/23/2008 NUCO2 $63.81 JIM BEHAN 05/22/2008 05/23/2008 NUCO2 $69.70 JIM BEHAN 05/22/2008 05/23/2008 NUCO2 $68.85 JIM BEHAN 05/22/2008 05/23/2008 NUCO2 $39.03 JIM BEHAN 05/22/2008 05/23/2008 HARMON MINNEHA #245 $168.99 JIM BEHAN 05/11/2008 05/12/2008 MENARDS 3022 $12.68 RON BOURQUIN 05/15/2008 05/16/2008 CUB FOODS, INC. $8.58 NEIL BRENEMAN 05/20/2008 05/21/2008 ALL STAR HEALTH.COM $85.85 NEIL BRENEMAN 05/19/2008 05/21/2008 THE HOME DEPOT 2801 $147.14 TROY BRINK 05/12/2008 05/13/2008 STREICHERS INC $427.05 DAN BUSACK 05/21/2008 05/22/2008 STREICHERS INC $268.76 DAN BUSACK 05/12/2008 05/14/2008 HALFPRICEBANNERS.COM $177.00 HEIDI CAREY 05/12/2008 05/15/2008 ROADRUNNER 340 $45.28 HEIDI CAREY 05/16/2008 05/19/2008 DEX EAST-LOCKBOX $74.56 HEIDI CAREY 05/08/2008 05/12/2008 INT'L CODE COUNCIL INC $86.40 NICHOLAS CARVER 05/13/2008 05/15/2008 THE HOME DEPOT 2801 $76.58 SCOTT CHRISTENSON 05/14/2008 05/15/2008 NELSONS CHEESE & DELI $13.27 SCOTT CHRISTENSON 05/15/2008 05/19/2008 GABES BY THE PARK $18.85 SCOTT CHRISTENSON 05/16/2008 05/19/2008 VIKING ELECTRIC-DIST CNTR $807.41 SCOTT CHRISTENSON 05/16/2008 05/19/2008 VIKING ELECTRIC-WOODBURY $60.48 SCOTT CHRISTENSON 05/19/2008 05/21/2008 VIKING ELEC-CREDIT DEPT. $60.48 SCOTT CHRISTENSON 05/19/2008 05/21/2008 VIKING ELEC-CREDIT DEPT. $807.41 SCOTT CHRISTENSON 05/21/2008 05/22/2008 RADIOSHACK COR00160853 $22.07 SCOTT CHRISTENSON 05/13/2008 05/14/2008 BEST BUY MHT 00000109 $162.92 KERRY GROTTY 05/13/2008 05/15/2008 HOLIDAY STNSTORE 3836 $9.67 KERRY GROTTY 05/14/2008 05/16/2008 AMOCO OIL 07756844 $38.65 KERRY GROTTY 05/14/2008 05/16/2008 SUPERAMERICA 4855 $34.70 KERRY GROTTY 05/12/2008 05/13/2008 G & K SERVICES 006 $117.72 CHARLES DEAVER 05/13/2008 05/15/2008 SUPERAMERICA 4848 $3.73 CHARLES DEAVER 05/15/2008 05/16/2008 MENARDS 3022 $47.48 CHARLES DEAVER 05/21/2008 05/22/2008 TWIN CITY HARDWARE HADLEY $49.70 CHARLES DEAVER 05/08/2008 05/12/2008 THE HOME DEPOT 2810 $33.74 LARRY FARR 05/10/2008 05/12/2008 THE TRANE COMPANY $320.50 LARRY FARR 05/12/2008 05/13/2008 G & K SERVICES 006 $620.36 LARRY FARR 05/12/2008 05/13/2008 G & K SERVICES 006 $347.32 LARRY PARR 05/13/2008 05/14/2008 TWIN CITY FILTER SERV. $177.11 LARRY FARR 05/13/2008 05/14/2008 TRUGREEN CHEMLAWN $792.36 LARRY FARR 05/14/2008 05/15/2008 TARGET 00021352 $17.83 LARRY FARR 05/14/2008 05/15/2008 BREDEMUS HARDWARE $74.90 LARRY FARR 05/14/2008 05/15/2008 HIRSHFIELD'S MAPLEWOOD $69.23 LARRY FARR 05/14/2008 05/15/2008 ULTIMATE OFFICE INC. $138.64 LARRY FARR 05/15/2008 05/19/2008 METROPOLITAN MECHANICAL C $319.60 LARRY FARR 05/15/2008 05/19/2008 THE HOME DEPOT 2801 $52.90 LARRY FARR 05/19/2008 05/20/2008 ERIKS BIKE SHOP ($26.61) LARRY FARR 05/19/2008 05/21/2008 THE HOME DEPOT 2810 ($28.22) LARRY FARR 05/12/2008 05/13/2008 BACHMAN'S INC #0004 $95.83 SHANN PINWALE 05/15/2008 05/19/2008 OFFICE MAX $228.93 SHANN PINWALE 05/15/2008 05/19/2008 OFFICE MAX $51.10 SHANN PINWALE 05/19/2008 05/20/2008 BACHMAN'S INC #0004 $170.10 SHANN PINWALE 05/13/2008 05/15/2008 CURTIS 1000 $43.79 KAREN FORMANEK 05/13/2008 05/15/2008 PAYPAL *DISCOUNTCAR $28.95 KAREN FORMANEK 05/16/2008 05/19/2008 CURTIS 1000 $81.67 KAREN FORMANEK 05/19/2008 05/20/2008 OFFICE DEPOT #1090 $25.75 KAREN FORMANEK 05/13/2008 05/14/2008 PAYPAL INC $61.05 MYCHAL FOWLDS 05/23/2008 05/23/2008 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 05/12/2008 05/14/2008 OFFICE MAX $425.99 NICK FRANZEN 05/13/2008 05/15/2008 WWW.CIRCUITCITY.COM $127.77 NICK FRANZEN 05/20/2008 05/22/2008 WWW.CIRCUITCITY.COM $42.59 NICK FRANZEN 05/08/2008 05/12/2008 OFFICE DEPOT #1090 $52.57 PATRICIA FRY 05/09/2008 05/12/2008 MENARDS 3059 $29.65 CLARENCE GERVAIS 05/15/2008 05/16/2008 MENARDS 3059 $8.14 CLARENCE GERVAIS 05/20/2008 05/21/2008 MENARDS 3059 $12.22 CLARENCE GERVAIS 05/13/2008 05/15/2008 MICHAELS #2744 $21.70 JEAN GLASS 05/13/2008 05/15/2008 OFFICE MAX $25.52 JEAN GLASS 05/16/2008 05/19/2008 RAINBOW FOODS 00088526 ($20.42) JANET M GREW HAYMAN 05/16/2008 05/19/2008 RAINBOW FOODS 00088526 $20.42 JANET M GREW HAYMAN 05/16/2008 05/19/2008 RAINBOW FOODS 00088526 $7.38 JANET M GREW HAYMAN 05/13/2008 05/14/2008 METRO SALES INC $2,481.40 KAREN E GUILFOILE 05/14/2008 05/15/2008 VZWRLSS*APOCC VISN $93.90 KAREN E GUILFOILE 05/20/2008 05/21/2008 HENRIKSEN ACE HARDWARE $11.40 MARK HAAG 05/12/2008 05/13/2008 CLOVER SUPER FOODS $186.96 LORI HANSON 05/09/2008 05/12/2008 MOGREN LANDSCAPE SUPPLY L $15.98 GARY HINNENKAMP 05/09/2008 05/12/2008 HEJNY RENTAL $105.87 GARY HINNENKAMP 05/16/2008 05/19/2008 LTG POWER EQUIPMENT $682.50 GARY HINNENKAMP 05/21/2008 05/22/2008 HEJNY RENTAL ($80.85) GARY HINNENKAMP 05/21/2008 05/22/2008 MOGREN LANDSCAPE SUPPLY L $62.50 GARY HINNENKAMP 05/21/2008 05/22/2008 MOGREN LANDSCAPE SUPPLY L $79.88 GARY HINNENKAMP 05/21/2008 05/22/2008 HEJNY RENTAL $150.14 GARY HINNENKAMP 05/22/2008 05/23/2008 MOGREN LANDSCAPE SUPPLY L $106.50 GARY HINNENKAMP 05/14/2008 05/15/2008 NELSONS CHEESE & DELI $9.75 RON HORWATH 05/15/2008 05/19/2008 GABES BY THE PARK $13.19 RON HORWATH 05/20/2008 05/21/2008 POOLTOY.COM $114.87 RON HORWATH 05/19/2008 05/21/2008 ADAMS PEST CONTROL $69.23 ANN E HUTCHINSON 05/16/2008 05/19/2008 DALCO ENTERPRISES, INC $866.19 DAVID JAHN 05/15/2008 05/19/2008 KMART 7106 $13.94 KEVIN JOHNSON 05/19/2008 05/21/2008 RAINBOW FOODS 00088526 $19.96 KEVIN JOHNSON 05/20/2008 05/22/2008 MILLS FLEET FARM #27 $75.90 KEVIN JOHNSON 05/22/2008 05/23/2008 CUB FOODS, INC. $15.67 KEVIN JOHNSON 05/20/2008 05/22/2008 VANCE BROTHERS INC $273.17 DON JONES 05/12/2008 05/13/2008 ALL SAFE $522.35 BERNARD R JUNGMANN 05/13/2008 05/15/2008 SUPERAMERICA 4022 $60.00 BERNARD R JUNGMANN 05/15/2008 05/15/2008 TRI-ANIM HEALTH SERVICES $146.91 BERNARD R JUNGMANN 05/08/2008 05/12/2008 OFFICE MAX $2.97 TOM KALKA 05/09/2008 05/12/2008 THE UPS STORE #2171 $12.48 TOM KALKA 05/09/2008 05/12/2008 HENRIKSEN ACE HARDWARE $5.72 TOM KALKA 05/09/2008 05/12/2008 CUB FOODS, INC. $39.80 TOM KALKA 05/14/2008 05/15/2008 THE UPS STORE #2171 $28.78 TOM KALKA 05/22/2008 05/23/2008 CC MILITARY SURPLUS LL $24.92 TOM KALKA 05/22/2008 05/23/2008 CC MILITARY SURPLUS LL $16.93 TOM KALKA 05/12/2008 05/14/2008 THE HOME DEPOT 2801 $15.96 JASON KREGER 05/15/2008 05/16/2008 NORTHWEST LASERS INC $95.44 JASON KREGER 05/21/2008 05/23/2008 CHECKER #180200018028 $5.87 NICHOLAS KREKELER 05/13/2008 05/15/2008 OFFICE DEPOT #1090 $56.26 LISA KROLL 05/20/2008 05/21/2008 REED BUS INFO ACCT REC $423.54 LISA KROLL 05/20/2008 05/21/2008 REED BUS INFO ACCT REC $755.82 LISA KROLL 05/20/2008 05/22/2008 OFFICE DEPOT #1090 $49.38 LISA KROLL 05/13/2008 05/14/2008 HENRIKSEN ACE HARDWARE $2.44 RANDY LINDBLOM 05/14/2008 05/15/2008 KELLER LAKE CONVIENCE $82.55 RANDY LINDBLOM 05/08/2008 05/12/2008 THE HOME DEPOT 2801 $9.08 STEVE LUKIN 05/12/2008 05/13/2008 EMERGENCY APPARATUS MAINT $474.61 STEVE LUKIN 05/12/2008 05/14/2008 MAPLEWOOD MARINE INC $26.61 STEVE LUKIN 05/12/2008 05/14/2008 OVERHEAD DOOR OF NORTH $1,500.00 STEVE LUKIN 05/14/2008 05/16/2008 SUPERAMERICA 4022 $40.01 STEVE LUKIN 05/15/2008 05/16/2008 DE LACE LANDEN OP01 OF 01 $379.14 STEVE LUKIN 05/15/2008 05/16/2008 ROAD RESCUE EMERGENCY VE $147.84 STEVE LUKIN 05/16/2008 05/19/2008 WMS*WASTE MGMT WMEZPAY $366.17 STEVE LUKIN 05/16/2008 05/19/2008 METRO FIRE $1,095.82 STEVE LUKIN 05/19/2008 05/21/2008 OVERHEAD DOOR OF NORTH $475.95 STEVE LUKIN 05/22/2008 05/23/2008 EMERGENCY APPARATUS MAINT $309.82 STEVE LUKIN 05/08/2008 05/12/2008 METRO ATHLETIC SUPPLY $171.52 MARK MARUSKA 05/09/2008 05/12/2008 THE TESSMAN COMPANY $692.51 MARK MARUSKA 05/12/2008 05/13/2008 G & K SERVICES 006 $439.90 MARK MARUSKA 05/13/2008 05/15/2008 NORTHERN TOOL EQUIP-MN $43.56 MARK MARUSKA 05/15/2008 05/19/2008 METRO ATHLETIC SUPPLY $1,420.82 MARK MARUSKA 05/21/2008 05/22/2008 LESCO SC 0530 $389.79 MARK MARUSKA 05/12/2008 05/13/2008 VZWRLSS*APOCC VISN $172.81 ROBERT MITTET 05/22/2008 05/23/2008 QWESTCOMM*TN651 $137.70 ROBERT MITTET 05/19/2008 05/21/2008 CINTAS FIRST AID #431 $153.08 BRYAN NAGEL 05/12/2008 05/13/2008 G & K SERVICES 006 $612.36 AMY NIVEN 05/12/2008 05/13/2008 G & K SERVICES 006 $192.74 AMY NIVEN 05/12/2008 05/13/2008 G & K SERVICES 006 $184.52 AMY NIVEN 05/21/2008 05/23/2008 OFFICE DEPOT #1090 $141.66 AMY NIVEN 05/14/2008 05/16/2008 THE HOME DEPOT 2801 $23.34 ERICK OSWALD 05/15/2008 05/19/2008 OAKDALE RENTAL CENTER $193.64 ERICK OSWALD 05/15/2008 05/19/2008 OFFICE DEPOT #1090 $33.44 MARY KAY PALANK 05/16/2008 05/19/2008 S & T OFFICE PRODUCTS $3.39 MARY KAY PALANK 05/20/2008 05/22/2008 OFFICE DEPOT #1090 $33.50 MARY KAY PALANK 05/21/2008 05/23/2008 OFFICE DEPOT #1090 $64.46 MARY KAY PALANK 05/12/2008 05/14/2008 THE HOME DEPOT 2801 $47.16 PHILIP F POWELL 05/16/2008 05/19/2008 CPD INDUSTRIES $27.65 PHILIP F POWELL 05/19/2008 05/20/2008 ABACUS PLUS SERVICES INC $115.02 PHILIP F POWELL 05/19/2008 05/21/2008 THE HOME DEPOT 2801 $42.51 PHILIP F POWELL 05/21/2008 05/22/2008 FITZCO INC $228.46 PHILIP F POWELL 05/23/2008 05/23/2008 ULINE *SHIP SUPPLIES $121.43 PHILIP F POWELL 05/19/2008 05/21/2008 CINTAS FIRST AID #431 $128.16 WILLIAM J PRIEFER 05/08/2008 05/12/2008 KATH AUTO PARTS NSP ($10.64) STEVEN PRIEM 05/08/2008 05/12/2008 KATH AUTO PARTS NSP $290.28 STEVEN PRIEM 05/09/2008 05/12/2008 KATH AUTO PARTS NSP $29.93 STEVEN PRIEM 05/09/2008 05/12/2008 BAUER BULT TRE33200023 $393.65 STEVEN PRIEM 05/09/2008 05/12/2008 TOUSLEY FORD 127200039 $93.04 STEVEN PRIEM 05/09/2008 05/13/2008 POMPS TIRE SERVICE $645.39 STEVEN PRIEM 05/13/2008 05/14/2008 BAUER BULT TRE33200023 $96.28 STEVEN PRIEM 05/14/2008 05/16/2008 KATH AUTO PARTS LC $71.97 STEVEN PRIEM 05/14/2008 05/16/2008 KATH AUTO PARTS NSP $35.75 STEVEN PRIEM 05/15/2008 05/16/2008 POMPS TIRE SERVICE $155.17 STEVEN PRIEM 05/15/2008 05/16/2008 POLAR CHEVROLET MAZDA PAR $37.57 STEVEN PRIEM 05/15/2008 05/19/2008 TRI-STATE BOBCAT INC. $16.83 STEVEN PRIEM 05/15/2008 05/19/2008 FACTORY MOTOR PARTS #19 $203.44 STEVEN PRIEM 05/15/2008 05/19/2008 FACTORY MOTOR PARTS #19 $127.11 STEVEN PRIEM 05/15/2008 05/19/2008 RUFFRIDGE -JOHNSON EQUIP $580.72 STEVEN PRIEM 05/19/2008 05/20/2008 US AUTOFORCE SFW $267.83 STEVEN PRIEM 05/20/2008 05/21/2008 TRUCK UTILITIES INC $56.76 STEVEN PRIEM 05/20/2008 05/22/2008 KATH FUEL OFFICE $525.01 STEVEN PRIEM 05/20/2008 05/22/2008 TRI-STATE BOBCAT INC. $8.31 STEVEN PRIEM 05/20/2008 05/22/2008 FACTORY MOTOR PARTS #19 $241.77 STEVEN PRIEM 05/21/2008 05/23/2008 BAUER BULT TRE33200023 $381.12 STEVEN PRIEM 05/13/2008 05/14/2008 BEST BUY MHT 00000109 $47.91 KEVIN RABBETT 05/14/2008 05/14/2008 COMCAST CABLE COMM $34.00 KEVIN RABBETT 05/19/2008 05/20/2008 OPTICS PLANET INC $446.77 KEVIN RABBETT 05/09/2008 05/12/2008 PIONEER PRESS ADVERTISIN $499.00 TERRIE RAMEAUX 05/20/2008 05/21/2008 NOVACARE REHB/REACT $400.00 TERRIE RAMEAUX 05/20/2008 05/21/2008 HILLYARD INC MINNEAPOLIS $1,763.22 MICHAEL REILLY 05/13/2008 05/15/2008 PUMP IT UP -EDEN PRAIRIE $50.00 AUDRA ROBBINS 05/15/2008 05/19/2008 JOANN ETC #1970 $26.74 AUDRA ROBBINS 05/15/2008 05/19/2008 MICHAELS #2744 $73.89 AUDRA ROBBINS 05/15/2008 05/19/2008 OFFICE MAX $39.25 AUDRA ROBBINS 05/17/2008 05/19/2008 TARGET 00006197 $13.95 AUDRA ROBBINS 05/15/2008 05/16/2008 ESCH CONSTRUCTION SUPPLY $287.83 ROBERT RUNNING 05/20/2008 05/21/2008 ESCH CONSTRUCTION SUPPLY ($287.83) ROBERT RUNNING 05/12/2008 05/13/2008 QUIZNOS SUB #2113 Q22 $108.09 HARRIET J RYDEL 05/14/2008 05/16/2008 OFFICE DEPOT #1090 $274.05 HARRIET J RYDEL 05/15/2008 05/19/2008 CHILI'S-MAPLEWOOD $100.09 HARRIET J RYDEL 05/19/2008 05/20/2008 OFFICE DEPOT #1090 $39.98 HARRIET J RYDEL 05/20/2008 05/22/2008 OFFICE DEPOT #1090 $93.63 HARRIET J RYDEL 05/20/2008 05/21/2008 VZWRLSS-MYACCT VN $38.53 DEB SCHMIDT 05/20/2008 05/22/2008 OFFICE DEPOT #1090 $32.19 DEB SCHMIDT 05/09/2008 05/12/2008 FRA-DOR BLACK DIRT & REC $111.83 SCOTT SCHULTZ 05/08/2008 05/12/2008 UNIFORMS UNLIMITED INC $58.57 MICHAEL SHORTREED 05/14/2008 05/16/2008 THE HOME DEPOT 2801 $26.45 MICHAEL SHORTREED 05/15/2008 05/19/2008 UNIFORMS UNLIMITED INC ($71.50) MICHAEL SHORTREED 05/16/2008 05/19/2008 DON' PAINT & BODY SHOP $396.80 MICHAEL SHORTREED 05/22/2008 05/23/2008 COMOPARK ANIMAL HOSPITAL $803.92 MICHAEL SHORTREED 05/13/2008 05/15/2008 OFFICE DEPOT #1090 $164.54 ANDREA SINDT 05/20/2008 05/22/2008 OFFICE DEPOT #1090 $88.15 ANDREA SINDT 05/22/2008 05/22/2008 T-MOBILE TEL PAYMENT $51.19 ANDREA SINDT 05/16/2008 05/19/2008 FORESTRY SUPPLIERS, INC. $20.46 CHRISTINE SOUTTER 05/12/2008 05/13/2008 FACTORY CARD OUTLET #284 $35.11 PAULINE STAPLES 05/12/2008 05/14/2008 INNOVATIVE COLOR PRINTING $601.73 PAULINE STAPLES 05/13/2008 05/14/2008 RADIOSHACK COR00161455 $23.42 PAULINE STAPLES 05/20/2008 05/22/2008 TARGET 00011858 $106.49 PAULINE STAPLES 05/09/2008 05/12/2008 METRO SALES INC $992.00 JOANNE M SVENDSEN 05/14/2008 05/16/2008 RAINBOW FOODS 00088617 $9.43 JOANNE M SVENDSEN 05/15/2008 05/16/2008 DE LACE LANDEN OP01 OF 01 $626.43 JOANNE M SVENDSEN 05/20/2008 05/21/2008 USI ED GOV $61.94 JOANNE M SVENDSEN 05/14/2008 05/16/2008 METRO ATHLETIC SUPPLY $268.17 JAMES TAYLOR 05/09/2008 05/12/2008 S & T OFFICE PRODUCTS $19.23 KAREN WACHAL 05/20/2008 05/22/2008 S & T OFFICE PRODUCTS $93.28 KAREN WACHAL 05/12/2008 05/13/2008 USPS POSTAL ST66100207 $87.00 SUSAN ZWIEG 05/12/2008 05/14/2008 ANCOM TECHNICAL CENTER IN $104.50 SUSAN ZWIEG 05/20/2008 05/22/2008 QUILL CORPORATION $232.73 SUSAN ZWIEG TOTAL $42,007.00 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 05/30/08 HJELLE, ERIK 416.42 05/30/08 JUENEMANN, KATHLEEN 416.42 05/30/08 NEPHEW, JOHN 416.42 05/30/08 ROSSBACH, WILLIAM 416.42 05/30/08 COPELAND, EUGENE 3,268.80 05/30/08 RYDEL, HARRIET 1,854.00 05/30/08 CHRISTENSON, SCOTT 1,738.95 05/30/08 FARR, LARRY 2,350.87 05/30/08 JAHN, DAVID 1,737.97 05/30/08 MOR1N, TROY 144.50 05/30/08 RAMEAUX, THERESE 2,668.17 05/30/08 FORMANEK, KAREN 1,595.90 05/30/08 MITTET, ROBERT 3,366.86 05/30/08 AFFOLTER, PENNY 2,663.17 05/30/08 ANDERSON, CAROLE 2,879.22 05/30/08 DEBILZAN, JUDY 1,161.29 05/30/08 JACKSON, MARY 2,275.36 05/30/08 KELSEY, CONNIE 2,281.89 05/30/08 CAREY, HE1D1 2,309.35 05/30/08 FRY, PATRICIA 1,844.46 05/30/08 GUILFOILE, KAREN 3,366.86 05/30/08 KROLL, LISA 1,630.93 05/30/08 MORSON, JOHN 597.12 05/30/08 SCHMIDT, DEBORAH 2,171.71 05/30/08 SPANGLER, EDNA 923.37 05/30/08 CORTESl, LUANNE 982.85 05/30/08 JAGOE, CAROL 1,843.76 05/30/08 KELLY, LISA 1,267.17 05/30/08 CARSON, MICHELLE 1,013.92 05/30/08 MECHELKE, SHERRIE 968.01 05/30/08 MOY, PAMELA 1,046.38 05/30/08 OSTER, ANDREA 1,781.17 05/30/08 WEAVER, KRISTINE 1,949.35 05/30/08 CORCORAN, THERESA 1,776.55 05/30/08 PALANK, MARY 1,778.86 05/30/08 POWELL, PHILIP 2,800.78 05/30/08 R1CH1E, CAROLE 1,815.93 05/30/08 SVENDSEN, JOANNE 1,964.99 05/30/08 THOMALLA, DAVID 4,699.27 05/30/08 ABEL, CL1NT 2,744.37 05/30/08 ALDRIDGE, MARK 2,600.93 05/30/08 BAKKE, LONN 2,553.60 05/30/08 BARTZ, PAUL 3,336.79 05/30/08 BELDE, STANLEY 2,755.22 05/30/08 BENJAMIN, MARKESE 1,814.85 05/30/08 BIERDEMAN, BRIAN 3,157.36 05/30/08 BOHL, JOHN 3,108.52 05/30/08 BUSACK, DANIEL 3,176.46 05/30/08 COFFEY, KEVIN 2,883.22 05/30/08 GROTTY, KERRY 3,001.20 05/30/08 DEMULLING, JOSEPH 1,880.73 05/30/08 DOBLAR, RICHARD 3,535.67 05/30/08 FLOR, TIMOTHY 3,519.21 05/30/08 FRITZE, DEREK 1,958.56 05/30/08 GABRIEL, ANTHONY 2,834.63 05/30/08 HAWKINSON JR, TLYIOTHY 2,009.99 05/30/08 HEINZ, STEPHEN 2,915.15 05/30/08 HIEBERT, STEVEN 3,229.97 05/30/08 JOHNSON, KEVIN 3,744.77 05/30/08 KALKA, THOMAS 790.92 05/30/08 KARTS, FLINT 3,588.79 05/30/08 KONG, TOMMY 2,555.74 05/30/08 KREKELER, NICHOLAS 693.08 05/30/08 KROLL, BRETT 2,609.08 05/30/08 KVAM, DAVID 3,864.56 05/30/08 LANGNER, TODD 2,198.69 05/30/08 CARSON, DANIEL 2,757.58 05/30/08 LU, JOHNNIE 2,506.28 05/30/08 MARINO, JASON 2,517.70 05/30/08 MARTIN, JERROLD 2,624.59 05/30/08 MCCARTY, GLEN 2,816.23 05/30/08 METRY, ALESIA 2,940.34 05/30/08 NYE, MICHAEL 2,461.33 05/30/08 OLSON, JULIE 2,938.18 05/30/08 PALMA, STEVEN 2,875.43 05/30/08 RABBETT, KEVIN 3,864.56 05/30/08 RHUDE, MATTHEW 2,435.30 05/30/08 SHORTREED, MICHAEL 3,768.98 05/30/08 STEFFEN, SCOTT 3,737.10 05/30/08 STEINER, JOSEPH 2,278.55 05/30/08 SYPNIEWSKI, WILLIAM 2,567.96 05/30/08 SZCZEPANSKI, THOMAS 2,660.08 05/30/08 TRAN, JOSEPH 2,517.70 05/30/08 WENZEL, JAY 2,553.60 05/30/08 XIONG, KAO 2,506.05 05/30/08 BERGERON, JOSEPH 3,795.63 05/30/08 DUGAS, MICHAEL 3,249.58 05/30/08 ERICKSON, VIRGINIA 2,892.66 05/30/08 FRASER, JOHN 2,849.37 05/30/08 LANGNER, SCOTT 2,624.59 05/30/08 THEISEN, PAUL 2,601.51 05/30/08 THIENES, PAUL 3,141.64 05/30/08 BAUMAN, ANDREW 2,140.42 05/30/08 DAWSON, RICHARD 2,695.74 05/30/08 DOLLERSCHELL, ROBERT 3,268.80 05/30/08 EVERSON, PAUL 2,689.12 05/30/08 HALWEG, JODI 2,432.79 05/30/08 JUNGMANN, BERNARD 3,037.77 05/30/08 NOVAK, JEROME 2,663.17 05/30/08 OLSON, JAMES 2,260.11 05/30/08 PERBIX, CHARLES 1,998.35 05/30/08 PETERSON, ROBERT 2,716.46 05/30/08 RICHARDSON, ANDREA 2,075.84 05/30/08 SEDLACEK, JEFFREY 2,425.39 05/30/08 STREFF, MICHAEL 2,088.76 05/30/08 SVENDSEN, RONALD 3,505.80 05/30/08 GERVAIS-JR, CLARENCE 3,342.04 05/30/08 LUKIN, STEVEN 4,260.90 05/30/08 ZWIEG, SUSAN 2,108.55 05/30/08 AHL, R. CHARLES 5,253.00 05/30/08 ENGSTROM, SHURENE 520.00 05/30/08 FIN WALL, SHANN 2,820.55 05/30/08 KNUTSON, LOTS 1,745.35 05/30/08 KONEWKO, DUWAYNE 3,246.56 05/30/08 NIVEN, AMY 1,332.42 05/30/08 PASSI, CRYSTAL 1,200.00 05/30/08 PRIEFER, WILLIAM 2,864.55 05/30/08 AHL, GREGORY 440.00 05/30/08 BRINK, TROY 1,967.75 05/30/08 BUCKLEY, BRENT 1,657.35 05/30/08 DEBILZAN, THOMAS 2,006.15 05/30/08 EDGE, DOUGLAS 2,016.15 05/30/08 HAMRE, MILES 1,295.25 05/30/08 JONES, DONALD 2,006.15 05/30/08 MEISSNER, BRENT 950.00 05/30/08 MEYER, GERALD 2,086.59 05/30/08 NAGEL, BRYAN 2,884.82 05/30/08 OSWALD, ERICK 2,329.27 05/30/08 RUNNING, ROBERT 2,170.27 05/30/08 SETNES, SAMUEL 440.00 05/30/08 TEVLIN, TODD 2,003.78 05/30/08 BURLINGAME, NATHAN 1,710.95 05/30/08 DUCHARME, JOHN 2,056.78 05/30/08 ENGSTROM, ANDREW 2,108.55 05/30/08 GAYNOR, VIRGINIA 2,276.46 05/30/08 JACOBSON, SCOTT 2,108.55 05/30/08 JAROSCH, JONATHAN 2,367.75 05/30/08 KREGER, JASON 1,794.44 05/30/08 KUMMER, STEVEN 2,727.00 05/30/08 LINDBLOM, RANDAL 2,772.99 05/30/08 O'CONNOR, DONOVAN 402.60 05/30/08 SCHREMPP, ANTHONY 318.01 05/30/08 THOMPSON, MICHAEL 3,094.21 05/30/08 WACHAL, KAREN 840.33 05/30/08 ZIEMAN, SCOTT 541.20 05/30/08 EDSON, DAVID 2,048.84 05/30/08 HINNENKAMP, GARY 2,013.71 05/30/08 MARUSKA, MARK 3,000.18 05/30/08 NAUGHTON, JOHN 2,006.15 05/30/08 NORDQUIST, RICHARD 2,006.15 05/30/08 NOVAK, MICHAEL 2,006.15 05/30/08 SCHINDELDECKER, JAMES 2,008.46 05/30/08 BIESANZ, OAKLEY 1,411.04 05/30/08 DEAVER, CHARLES 685.09 05/30/08 GERNES, CAROLE 484.20 05/30/08 HAYMAN, JANET 1,136.56 05/30/08 HUTCHINSON, ANN 2,472.00 05/30/08 SOUTTER, CHRISTINE 868.88 05/30/08 HALL, KATHLEEN 198.75 05/30/08 S1NDT, ANDREA 2,177.56 05/30/08 THOMPSON, DEBRA 710.62 05/30/08 YOUNG, TAMELA 1,742.95 05/30/08 EKSTRAND, THOMAS 3,600.06 05/30/08 ROBERTS, KENNETH 2,901.61 05/30/08 BRASH, JASON 1,715.77 05/30/08 CARVER, NICHOLAS 3,027.38 05/30/08 FISHER, DAVID 3,938.72 05/30/08 RICE, MICHAEL 2,346.16 05/30/08 SWAN, DAVID 1,734.31 05/30/08 WELLENS, MOLLY 1,437.33 05/30/08 BERGER, STEPHANIE 252.00 05/30/08 OHLHAUSER, MEGHAN 720.00 05/30/08 OLSEN, TRISHA 132.00 05/30/08 ROBBINS, AUDRA 2,439.86 05/30/08 SCHALLER, SCOTT 83.75 05/30/08 SHERRILL, CAITLIN 361.88 05/30/08 TAUBMAN, DOUGLAS 3,115.54 05/30/08 TAYLOR, JAMES 2,007.26 05/30/08 GERMAIN, DAVID 2,015.39 05/30/08 HAAG, MARK 2,030.65 05/30/08 NADEAU, EDWARD 3,384.17 05/30/08 SCHULTZ, SCOTT 2,202.16 05/30/08 ANZALDl, MANDY 1,874.11 05/30/08 BERGLUND, DANIEL 220.50 05/30/08 BRENEMAN, NEIL 1,657.89 05/30/08 CRAWFORD - JR, RAYMOND 752.00 05/30/08 EVANS, CHRISTINE 1,080.05 05/30/08 FAB1O-SHANLEY, MICHAEL 219.75 05/30/08 GLASS, JEAN 1,982.54 05/30/08 GROPPOLl, LINDA 462.00 05/30/08 HANSEN, LORI 2,490.14 05/30/08 HER, CHONG 330.00 05/30/08 HOFMEISTER, MARY 910.11 05/30/08 NAGEL, BROOKE 445.00 05/30/08 PELOQUIN, PENNYE 495.21 05/30/08 SCHOENECKER, LEIGH 176.00 05/30/08 STAPLES, PAULINE 3,212.78 05/30/08 YANG, KAY 336.60 05/30/08 YANG, TIM 424.00 05/30/08 Z1EL1NSK1, JUDY 30.80 05/30/08 AICHELE, MEGAN 43.88 05/30/08 BAUDE, SARAH 136.00 05/30/08 B1GGS, ANNETTE 96.00 05/30/08 BRUSOE, AMY 80.78 05/30/08 BRUSOE, CRISTINA 197.61 05/30/08 BUCKLEY, BRITTANY 37.68 05/30/08 CLARK, PAMELA 162.00 05/30/08 DEVRIENDT, KARA 25.00 05/30/08 DUNN, RYAN 948.08 05/30/08 ERICKSON-CLARK, CAROL 23.75 05/30/08 FONTAINE, KIM 877.02 05/30/08 GIEL, NICOLE 129.00 05/30/08 GREDVIG, ANDERS 72.08 05/30/08 HORWATH, RONALD 2,439.86 05/30/08 IRISH, PETER 62.10 05/30/08 JASKEN, NICHOLAS 151.00 05/30/08 JOSSART, ANGELA 17.00 05/30/08 JOYER, JENNA 72.50 05/30/08 KOEHNEN, AMY 52.10 05/30/08 KOLLER, NINA 378.00 05/30/08 KRONHOLM, KATHRYN 811.71 05/30/08 KURZHAL, ALISON 48.75 05/30/08 LAMEYER, ZACHARY 37.40 05/30/08 MATHEWS, LEAH 77.30 05/30/08 MCCARTHY, ERICA 69.25 05/30/08 NELSON, MARCY 226.25 05/30/08 OBRIEN, JULIE 120.00 05/30/08 PEHOSKI, JOEL 96.00 05/30/08 PROESCH, ANDY 447.70 05/30/08 RICHTER, DANIEL 71.00 05/30/08 RICHTER, NANCY 1,183.80 05/30/08 ROLLOFF-FELLNER, TAYLOR 27.00 05/30/08 RYAN, ERICA 36.40 05/30/08 SCHAEFER, NATALIE 92.25 05/30/08 SCHREIER, ROSEMARIE 85.00 05/30/08 SCHREINER, MICHELLE 58.91 05/30/08 SIVALD, SHANNON 71.25 05/30/08 SMITH, ANN 315.80 05/30/08 SMITLEY, SHARON 377.25 05/30/08 STAHNKE, AMY 144.16 05/30/08 TUPY, HEIDE 233.20 05/30/08 WARNER, CAROLYN 352.10 05/30/08 WEDES, CARYL 98.00 05/30/08 WERNER, REBECCA 205.90 05/30/08 WICKNER, KRISTY 53.00 05/30/08 WOLFGRAM, MARY 333.80 05/30/08 WOLFGRAM, TERESA 67.50 05/30/08 WOODMAN, ALICE 161.00 05/30/08 ZALK, IDA 67.45 05/30/08 BOSLEY, CAROL 309.75 05/30/08 FITZENBERGER, VALERIE 80.00 05/30/08 GIERNET, ASHLEY 288.00 05/30/08 HER, SHILLAME 93.25 05/30/08 HOLMGREN, STEPHANIE 228.00 05/30/08 BATTLER, MELINDA 150.00 05/30/08 TOLENTINO, LISA 367.50 05/30/08 BEHAN, JAMES 2,072.01 05/30/08 DOUGLASS, TOM 1,240.12 05/30/08 GADOW, ANNA 89.40 05/30/08 GROPPOLI, JOE 310.50 05/30/08 PATTERSON, ALBERT 1,264.44 05/30/08 PRINS, KELLY 1,162.62 05/30/08 REILLY, MICHAEL 1,807.75 05/30/08 VANG, HUE 223.50 05/30/08 AICHELE, CRAIG 2,068.71 05/30/08 PR1EM, STEVEN 2,287.64 05/30/08 WOEHRLE, MATTHEW 1,926.47 05/30/08 BERGO, CHAD 2,499.19 05/30/08 FOWLDS, MYCHAL 2,996.06 05/30/08 FRANZEN, NICHOLAS 2,083.07 1005252 05/30/08 LONGRIE, DIANA 473.15 1005253 05/30/08 STEFFEN, LAINIE 250.75 1005254 05/30/08 WELCHLIN, CABOT 3,243.10 1005255 05/30/08 JOHNSON, TRENT 880.00 1005256 05/30/08 ANDERSON, MICHAEL 288.00 1005257 05/30/08 GORE, MICHAEL 384.00 1005258 05/30/08 OLSON, SCOTT 384.00 1005259 05/30/08 JOHNSON, GENE 896.00 1005260 05/30/08 GOODRICH, CHAD 540.75 1005261 05/30/08 LINDA, KELLIE 220.50 1005262 05/30/08 MALLET, AMANDA 48.00 1005263 05/30/08 ROBBINS, EMERALD 284.25 1005264 05/30/08 RYCHLICKI, NICHOLE 48.00 1005265 05/30/08 HER, PETER 207.20 1005266 05/30/08 VUE, LOR PAO 186.75 1005267 05/30/08 ANDERSON, JOSHUA 7.10 1005268 05/30/08 ANDERSON, JUSTIN 7.10 1005269 05/30/08 BEITLER, JULIE 34.00 1005270 05/30/08 BENJAMIN, AYLA 39.00 1005271 05/30/08 BRENEMAN, SEAN 113.81 1005272 05/30/08 BUCHMAYER, NICOLLET 100.63 1005273 05/30/08 CHASTAN, ADAM 37.38 1005274 05/30/08 CZECK, KELSEY 38.78 1005275 05/30/08 DEMPSEY, BETH 73.50 1005276 05/30/08 FENGER, JUSTIN 50.10 1005277 05/30/08 FLACKEY, MAUREEN 21.00 1005278 05/30/08 GRANT, MELISSA 409.57 1005279 05/30/08 GRUENHAGEN, LINDA 553.30 1005280 05/30/08 HOLMBERG, LADONNA 442.00 1005281 05/30/08 KOGLER, RYAN 61.25 1005282 05/30/08 MCCANN, NATALIE 72.00 1005283 05/30/08 MCLAURIN, CHRISTOPHER 158.63 1005284 05/30/08 MCMAHON, MELISSA 71.21 1005285 05/30/08 MCMAHON, MICHAEL 35.00 1005286 05/30/08 NWANOKWALE, MORDY 249.74 1005287 05/30/08 RONNING, ISAIAH 66.50 1005288 05/30/08 ROSTRON, ROBERT 232.00 1005289 05/30/08 SAUCERMAN, MICHAEL 70.80 1005290 05/30/08 SCHAEFER, JAMES 90.63 1005291 05/30/08 SCHMIDT, EMILY 127.42 1005292 05/30/08 SCHMIDT, JOHN 144.53 1005293 05/30/08 SCHUNEMAN, GREGORY 37.20 1005294 05/30/08 SKUNES, KELLY 50.63 1005295 05/30/08 TUPY. ELIANA 68.00 1005296 05/30/08 W1LLIAMS, KRISTINE 239.25 1005297 05/30/08 YOUNCE, BLAISE 21.00 1005298 05/30/08 ARKSEY, EMILY 26.00 1005299 05/30/08 LEW1S, AMY 99.88 1005300 05/30/08 BATTLER, CASSANDRA 302.69 1005301 05/30/08 BOWMAN, MATTHEW 172.00 1005302 05/30/08 GONZALES, VICTOR 90.00 1005303 05/30/08 SCHULZE, KEVIN 317.25 463,902.44 Agenda Item M2 MEMORANDUM TO: Acting City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Final Plat-Heritage Square 5th Addition LOCATION: County Road D Extension DATE: May 29, 2008 INTRODUCTION Request K. Hovnanian Homes is requesting approval of the final plat for their Heritage Square Stn Addition plat on the west side of the County Road D extension and Highway 61. Refer to the attachments. Project Description The Heritage Square 5t" Addition is the replat of the applicant's earlier 4t" Addition which was their 90-unit town house development. The 5t" Addition reduced the number of units by 8, whereby the total number of housing units went from 90 to 82. BACKGROUND March 24, 2008: The city council approved the preliminary plat and design plans for this project. Refer to the attached minutes of approval. DISCUSSION One requirement of the preliminary-plat approval was the council's condition that the applicant constructs the missing link of pedestrian trail between their property and the trail to the west. This is approximately 300 feet of trail. As required by the council, the applicant will construct this trail connection this year. Jon Jarosch, staff engineer with the city, has reviewed the final plat and finds it in conformance with all requirements. RECOMMENDATION Approve the final plat date-stamped May 15, 2008 for the Heritage Square 5t" Addition, subject to the conditions of the preliminary plat. APPLICATION DATE/APPROVAL DEADLINE The city received the final plat application on May 15, 2008. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. Council action, therefore, is required by July 14, 2008. p:sec4:Heritage Square 5th Addition Final Plat 6 08 Attachments: 1. Location/Zoning Map 2. Heritage 4th Addition Development Plan 3. Heritage 5th Addition Building Layout Plan 4. Final Plat 5. March 24, 2008 City Council Motion 6. Final Plat date-stamped May 15, 2008 (separate attachment) Attachment 1 HERITAGE SQUARE 4T" ADDITIQIr1 c ~ , .~ ~ .,, EXISTING ~-~~---- 18-UNIT ~_~---- ~ TOWN HOUSE -~~~----~ BUILDING ~B 's;~ ~~ a lip ? ? y v ~ ~ ® G a a w w a ~ n n w 0 w . E --r-- i ~ •~ 12-UNIT CONDO BUILDING UNDER CONSTRUCTION EXISTING 12-UNIT CONDO BUIILDING r ~~~~ ~ ~~~ 3 ~= a' A 'a ~ 9 @~~ 8 }re a vs~:c ~ y'':; ~ .... ~' Sii €3; ° gga~~d ;~°-8'~ 3~i 4,~s°~2p~ 4~r~~ ~ ~R3si~lg ~ ~ 0 (~ ~ ~~ ~,Y ~g l I.~ !~: is'~ ;C*~ C~6jI ~a$6$~1R ~ aFlEai3 ~ - I ~ ~/ ~ 3~ $~ °~ C F; ia. is ^ ~_sd~~ ~S~a ~ :3iF~~s '+ e ~ 8 ~° I: i A'®q ~g~~ a =°l+ ~grs $ia~- E - -- - ~ J s 6 ~ e ~ c a-S e~ °~ ~x.- .a i ~ ~ ~8 RFD ~ 8~ y 83a iQar _ - °- i = ~'a 2 A lif r q~9 ! a { i ~een~_@tc 1 g ~ 0 ~ i4]9C_.9~_~ ~' EXISTINGIAPPROVED HERITAGE 4T" ADDITION ' I~: DEVELOPMENT PLAN Attachment 2 Attachment 3 x~ 5~' d ~~ o S a~ a zp SF sa a r a ~a ~g ~~ F ~5 ~~ ert As o ©o x~ ~~ a gN 7.4 a ~~ x~ a at ? o. 4 x ~- 3 xg _ 5~ ?e F s ~$ f z + SP P f~ '~ ~'a L~ ~ r ~ ~ ~ ~~~ ~~_~ ~~ e L~Q ~~; ®' , 1, ~~ , o ~:~ ~ ~~ ~ ' ~ ~° ~~ I i / ~i~ f 1 -~' ~ - - ---- iii ~ I ~ ,~__ ~ _ - ~~- < ~ ` ~ ~- b 1 ~r J' _ --~~ ~' ~ A~~ ~i ~ ~ I i o ~ ~. 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F 1 % Spy, r fl.~ a ~; - - '. _ _ - ~o~ _-_ 1 - ~ ~- _ _ C- _. 1 ~ e 1 ~ \ - - _ - - _ _ i - - .. I i - -- ~~ ,. y ~~ ~ _ - ._ -~'~e a~ az o9 ^y~s o s 0 a ~ k 5 F 5 ~o 2 J o. X_ 9 ~ 'a x FU~€ e 8 E ~a~ s ~; ~1 ~~ ;~ ~~ a~~ ~~bb9 9<~ a _~ ~~ ~z ~~ ~~ ~r~l c~ °~~°, e 3 ~~ r5 s is z~ ~'~ o~a s gs~ o ~~ ~~ ~'~g ~ ~ Spa { 9 x~ °~~ ~ 3 E 4 ®a S s 2 9 ~$ ~1~ mt y~ z~~ a ~ F'zJ ~ ~'~ ~~~ 0 ~g syT~ Attachment 5 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, March 24, 2008 Council Chambers, City Hall Meeting No. 09-08 2. Heritage Square Fifth Addition (County Road D, west of Highway 61). a. Preliminary Plat Revision b. Design Approval c. Senior Planner, Tom Ekstrand gave the report and answered questions of the council. d. Jeremy Yarwood, Planning Commission member gave the report from the planning commission. e. Mr. Shawn Siders, K. Hovnanian Homes addressed and answered questions of the council. Councilmember Hjelle moved to approve the preliminary plat date-stamped February 1, 2008, for the Heritage Square 5th Addition, subject to the following conditions: (changes to the original recommendation is in bold and underlined). 1. The applicant shall construct the northerly trail connection between the existin trail on their site and the existing trail section approximately 300 feet to the west beneath the power lines. This trail shall be built according to the specifications of the city engineer. Staff shall hold escrow for this trail construction. The trail amenities for the north trail shall extend from the County Road D sidewalk to LaBore Road. The city council directs staff to work out the specific details of trail construction, but the council agrees that up to $8,000 of the $20,000 submitted to the city in 2005 for north trail amenities shall be put toward the construction of the remaining north trail section. This trail connection shall be completed before the end of construction season 2008. 2. The applicant shall comply with all requirements of the city's engineering report dated February 27, 2008. The applicant shall enter into a developer's agreement if required by the city's engineering department and shall be subject to their requirements. Seconded by Councilmember Nephew. Ayes -Mayor Longrie, Councilmembers Hjelle, Juenemann & Nephew Rossbach Nays -Councilmember Councilmember Nephew offered a friendly amendment that the trail amenities extend to Labore Road. The friendly amendment was accepted by Councilmember Hjelle. The motion passed. Councilmember Rossbach said the original intent was for the developer to construct the whole trail and the city would get the $20,000, Councilmember Rossbach said he had made the original motion to remove the south trail from the plan with that understanding. He said he was very involved in the trail process with the neighbors on Duluth Street. He said he was quite certain the idea was that the city would get a trail connection in lieu of giving up the south trail. For that reason he said he could not vote for this. Councilmember Hjelle moved to approve the plans date-stamped February 1, 2008, for the Heritaae Sauare 5th Addition. The developer shall comply with the followina conditions: (chanaes to the original recommendation is in bold and underlined). 1. Comply with the requirements of the city engineering departments report dated February 27, 2008. The applicant shall enter into a developer's agreement if required by the city's engineering department and shall be subject to their requirements. 2. The applicant shall construct the northerly trail connection between the existin trail on their site and the existing trail section approximately 300 feet to the west beneath the power lines. This trail shall be built according to the specifications of the city engineer. Staff shall hold escrow for this trail construction. The trail amenities for the north trail shall extend from the County Road D sidewalk to LaBore Road. The city council directs staff to work out the specific details of trail construction, but the council agrees that up to $8,000 of the $20,000 submitted to the city in 2005 for north trail amenities shall be put toward the construction of the remaining north trail section. This trail connection shall be completed before the end of construction season 2008. 3. Meet all requirements of the building official and fire marshal. 4. Obtain all required permits from the Ramsey-Washington Metro Watershed District. 5. Any retaining wall that exceed a height of four feet must be engineered and have a building permit. Retaining walls that are four feet tall or more shall also have a protective fence of black chain link fence on top. 6. Repeat this review in two years if the city has not issued a building permit for this project. 7. The applicant shall install an in-ground irrigation system for all landscaped areas. 8. The landscaping plan shall be revised to provide a substitution for the barberry bushes since they are an invasive species. The landscaping plan shall also be revised for staff approval to provide no fewer trees than were originally proposed and required along the outer bounds of this housing development. Particular attention should be given to screening the driveways from the view of the homes to the west. The applicant should submit a revised landscaping plan for staff approval before getting the next building permit. 9. The applicant shall provide a lighting plan for staff approval before getting the next building permit. 10. The planning staff may approve minor changes to these plans. 11. The applicant shall submit revised building elevations showing that there are bay windows located on the east elevation of at least four of the eight buildings. Seconded by Councilmember Nephew. Ayes -All The motion passed. 4 Agenda Item M3 MEMORANDUM TO: Acting City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review PROJECT: Menards LOCATION: 2280 Maplewood Drive DATE: May 22, 2008 INTRODUCTION Project Description The conditional use permit (CUP) for Menards at 2280 Maplewood Drive is due for review. The city approved this permit to allow Menards to enlarge their building and to amend their approved site plan. (Please see the maps on pages four -eight.) BAC KG RO U N D On March 27, 2006, the city council made three approvals for Menards. They included: 1. A conditional use permit (CUP) revision to enlarge the building and amend the site plan. The city code requires council approval of a CUP revision for an owner to expand or revise a store or site for which a CUP exists. 2. Aparking-reduction authorization for 50 spaces. The code requires 451 spaces for the store. Menards is proposing to have 401 parking stalls. 3. The site and building design plans. (See the maps and plans on pages six -eight.) Please see the city council minutes starting on page nine. On September 11, 2006, the city council reaffirmed the parking reduction authorization for Menards as approved by the city council on March 27, 2006. This approval was to allow Menards to have 50 fewer parking spaces than the city code requires. (See the council minutes on page 14.) On February 26, 2007, the city council reviewed the CUP and agreed to review it again in one year. DISCUSSION Menards has completed the garden center addition but they have not yet started the remodeling of the facade of the store. They expect to start and complete the remaining exterior improvements to the store and site (including finishing the rain water gardens) this summer. Staff is not aware of any major issues or problems at this site. As such, it is reasonable to extend the CUP approval for another year to allow Menards time to complete the site improvements and remodeling. RECOMMENDATION Review the conditional use permit (CUP) for Menards at 2280 Maplewood Drive again in one year. REFERENCE INFORMATION SITE DESCRIPTION Site size: 13.48 acres Existing land use: Menards Store with outdoor sales and parking lot SURROUNDING LAND USES North: Highway 36 South: Single dwellings and Citgo Motor Fuel Station West: Highway 61 East: Countryside VW/SAAB PAST ACTIONS March 28, 1988: The city council approved Menards' CUP and granted a parking reduction authorization. January 23, February 13, March 27 and April 6, 1989: The council changed the CUP conditions. The changes were to clarify the screening fence and storage-rack height requirements. March 26, 1990: The council reviewed the CUP. November 14, 1994, and September 11, 1995: The council amended the CUP conditions. April 8, 1996: The council amended the CUP conditions because of a request for a seasonal outdoor greenhouse and plant sale operation. May 20, 1996: The council again reviewed the CUP and directed Menards, Citgo, staff and the neighbors to meet and discuss several issues raised by one of the neighbors. These issues were about the screening fence, engine noises, fumes, parking and cross traffic between Citgo and Menards. August 12, 1997: The council reviewed the CUP again. The previous concerns and problems have been resolved. The council moved to review the CUP again only if a problem develops. PLANNING Land Use Plan designation: M-1 (light manufacturing) Zoning: M-1 ORDINANCE REQUIREMENTS Section 44-512(4) requires a CUP for the exterior storage of goods or materials. Section 44-637(b) requires a CUP for any building or exterior use within 350 feet of a residential district. 2 Section 44-17(a) requires parking for Menards at the ratios of one space for each 200 square feet of retail or office space and one parking space for each 1000 square feet of warehouse space. CRITERIA FOR APPROVAL Criteria for Conditional Use Permit Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. p:sec9\menards cup review -May 2008 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Proposed Site Plan 4. Partial Site Plan 5. Partial Site Plan (Garden Center) 6. March 27, 2006 City Council minutes 7. September 11, 2006 City Council minutes 3 Location Map Menards 2280 Maplewood Drive Zoning Map Menards 2280 Maplev6ood Drive - Attachment 3 ~.~ . ~~_ ~ ~. C,wo sEOE ae~ - WALL/FENCE oAQ f, ..~..,~I 1 ~A~ a _.~ - - ~ ~ S E p` m `~ [ h I~ ~ ~ WROUGN7 IRON FENCE SECTION SCALE; 1~4" 5~-0" P nnl ~ w '~~ ~ ~ I l l l (l l l l l l l l l i i l l l l l»~ ~: m`-' Y \ ,. M I \ „ / ~/ ~ ~ \ ~6o P~ o " " I~ ~ ~ 'J ~ ~ ~ N N II~-~ Il^~JQQDD IS ,' ~ L. / 515 Ty1 ~ \ \ MAPL6WOOD, MN '. . k ,~ ~ 1 N ~ I p Y \ I _-_-__ L i~ 1 I ~ 1 \ \ I J • ~ ~ 11 1 L~ •1 ! + W ` ` \1 ~ rc i w ~ ~ 1 1 I / , _ y 3l} ~ 11` ; k ~,^ I~s 1 I - culOeN cll[eE0. 0194 16.10.5 M FT. I ~ I 1 k4B 1 \ 1 11 1 1 w~ 111 151 1 \ S n __- 1 / 1 1 \ 1 _ 1 ~ i 1 r _ "~__ _______-_ ~ / 1 -----f II 11 Lt-...~ L__.. __~___ '=1o'y i__- _~ ~ ~~__-_ !' 15T- w ___~__-__ _••___` -___ _-.... ~.. __ `_-_ _-~~~~~ i 0.' I ! ~ ~ MiN~ INC ~ A~ LEWOUD, AIN ~ / i ~ 3 i 1 I vx I PAOPPS&D S1TE pa.1N _ ' ww..~c / / / ~_____~ _- ______ ...................____________ I~r- I I _____________________..____-~ I ~, ~m ~ iw...eml e 4 N Attachment 4 ~ ~~~ ~~ , 1 \ \ \ 5 N H / / \\ \\\ \ \ ~`\ \ ~~41 PARKING STALLS - ~ ~ ~ a / ` \ \ ; \. 1 \ \\ H H ~ ~\ \\ \ MAPLE'TNQOD, 1 ` \ Ks~\ ` \ GEpss mNUOws !f! \ \ \ \ .fI 7+\\i, +I SmouclHr IRON eeNCE I ! ,„ I I~~~ I I~ E\I\ I~iA\~ ~~ I\'l I I ~'~~\ t- 7 E\7 I IEl O! pllL I I I I~ I 7 I IH I os , I; I \uwcc oEU \cT ~fy -'------' .y -----~--~=~ -- ---- ~aa-\ \` \\• \ _. \~-`, . ' ~ „ _"m, 120 -0' -- \ SEE PLAN 052 \ \ \ \ I F=~-.-'JI.•11 \\ r---- ~ ` \ \ r d 1 _ g ~ cAROEN CENTER OVERHASJc PINE k CEDAR BOA o5 \y e' \ / 1 ~ wuazx s -_-- \ ~ ~,~~ p 16.1as sp. fir. I -==rte .~„~, c \ \ `~~ 5 I \ \ \ \ ~----_-- I \ I \ \ `\ \ -o ~'- as-~ NNN I \ \\ ZC' CWJN \ \ I \ l3N% WlE iMCf1 __ _ ___1___------------- ~ 'EREATED 90pR0 RACpC I' (27'-9'x106-46') E Y `- ~ ~ \ _ . - ~ - I j ~ _ _ _ _ _ GREEN ' iREAIED C4ERS1pCx u I II r r r f I ~._]. ~ r ~ .-_-____-,.___--___~-.,.__-___«-,..___-__.-~~ I SpNl~pRy SEVlER EASENEN7 I - A 1'IA,L SITE ALAN 1 ~f Attachment 5 401 PARKING STALLS ~ ~ i H H ~ H H I ~ ~ ~~C.r 1VlAPLE WO GLASS WINDOWS WRDDGHT fI~DN FENCE ao•-o ~ SEE DETAIL 1 I H I ,~5. - - - - ..~........_ ` - - ~ ~ -- i I----~ i} ~ ~ ~ ~ I ~m _,_L ~ ~__.~ I I ~ I __.___.~~ a I LfVE PLAN75 I ~\ OVC LOW . i •~~ i~ \ ---- ~, \ \ \ o ROCK ~ ~ D - O ?' 204 \ IJWpSCAPINC BLOCKS 591L5 18' \ 6' 4• ih I LANOSCAPINC BLOCKS ypl~r I • ° ~ N f 16 \ 14, \ U .EN - N ~~ o LAN65C1WING BLOCKS SOILS ~ ~ \ \\ ~ ~ \ ~n \ I.ANPSCAP-I~NC BLOCKS- ~ v 591L5 \ \\ ~" -~ I - o ~r gGARDEN CENTER OVERHANG - - - \ \ LANOSCAPI G 8LOCKS o .~a SOdLS ~ 16,105 SQ. FT. \ \ \ ~ oscAP~ BLOCKS so~Ls \ ~, \ \ \ I W LAT1iCE ~ ~ \ \ 65 ~ O 55 -3 36 -3 pOUBiE 4fRll 24' CfiAIN \ \ \ LINK GATE \ \ .-~--~.-. ~~.---~--- ~~3" \ 1 F~5'~3" \ ~ - -Fl{~ -FI-YE3RA \ \ ~.---w---- \ _ _ _ ~ - ~ - - f - - - - - _ _ \ ~ ~ ~ w 1 1 I e ~ P TIAL SITE PLAN ~ A N T ) 4 N Attachment 6 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P_M. Monday, March 27, 2006 Council Chambers, City Hall Meeting Na. 06-09 A. B. C, L. CALL TO ORDER A meeting of the City Counci! was held in the Council Chambers, at the City Hall, and was called to order at 7:00 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen .luenemann, Councilmember Will Rossbach, Councilmember Present Present Present Present Present NEW BUSINESS 1. Menards - 2280 Maplewood Drive a. Conditional Use Permit Revision b. Parking Reduction Authorization c. Design Approval a. City Manager Fursman presented fhe report. b. Planner Roberts presented specifics from the report. c. Rob Geske, the Real Estate Associate managing the project far Menards, was present for council questions. d. Commissioner Graver provided the Planning Commission report. e. Boardmember Schurke presented the Design Review Board report. Councilmember Rossbach moved to adopt the following resolution approving a conditional use permit revision for Menards at 2280 Maplewood ©rive_ta add a_ 16,5fl5 Square-foot garden center to the existing store: CONDITIONAL USE PERMIT REVISION RESOLUTION 06-03-042 WHEREAS, Robert Geske, of Menards, Inc. is proposing changes to a site with an existing conditional use permit to build a 16,105-square-foot garden center addition an the south side of the building at 2280 Maplewood Drive. The legal description is: SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 114 N01=CORDB&PARTOFSE1/4WOFCLIFTONADDSOFL107FTNOFSLOFBLK150FSD ADD EXTENDED & N OF HEINEMANS BELLEViEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF BLK 10 (PIN 09-29-22-43- 0042) 9 WHEREAS, the history of this conditional use permit revision is as follows: 1. On February 6, 2006, the planning commission held a public bearing. The city s#aff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit revision. 2. On March 27, 2005, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing ar cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traftwc on local streets and would not create traffic congestion or unsafe access on existing ar proposed streets. 5. The use would be served by adequate public facilities and services, including streets; police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects, Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. Adherence to the site plan date-stamped March S, 200 n"°•• ~, ~1O°°. The director of community development may approve minor changes. 2. Compliance with the following screening-fence requirements: a. The property owner shall continue to have and keep, in a maintained condition, wooden screening fences as follows: (1) The eight-foot-tall screening fence west of 1071 County Road B and running east-west behind 1071, 1081 and park of 1101 County Road B shall remain. 10 (3} Ail screening fences sha11 be constructed of vertical boards of the same dimension, color and material. b. No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Raad B, shall extend above the 14-foot-tall fence. c. No more than 2 '/.~ feet of the 17 %i-foot-tail interior storage racks shall be visible from the homes tv the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard and garden center shall be limited to 7 a.m. to 10 p.m. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard that is not needed for site security shall be turned off after business hours. 6. The city council shall review this permit revision in one year_ ' *he r,rr,.,.,ear~ ro4~;~_c.r.", ~rlrliiinn hn~ nn~ hem ~r~ 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems vn residential property. 8. Menards shall store all their materials within the fenced storage area. 9. Sanitation facilities shall be provided by Menards for the employees. 10. ~ The proposed building addition and site work must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 11. The perimeter of the building must be kept accessible for fire emergencies. The applican# shall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. Seconded by Mayor ~.ongrie Ayes-All Councilmember Rossbach moved to approve a parking-reduction authorization for Menards at 2280 Maplewood ©rive to have 50 spaces fewer than the code requires. (The city code requires 459 arkin s aces and Menards is ro asin 401 arkin s aces. A royal is because: 9. The required number of spaces is excessive. Menards has gotten by, essentially, with the main parking area in front of the building since 1388. Menards customers do not typically use other available parking areas vn the site. 2. The proposed garden center addition would need 80 spaces according to the code. However, Menards is currently using this same area for retail sales and outdoor storage as approved earlier by the cify. 11 As a condition of approval of this request, Menards shall provide adequate directions} signage in the parking lot and have employees ar others provide traffic control and direction assistance in the parking lot an a}I busy shopping days. Seconded by Councilmember Cave Ayes-All Councilmember Rossbach mowed to approve the site plan. date-starrtped_March 8L20116,_and the building elevations date-stamped March 8, 2008, for the 16,105-square-foot garden center addition to Menards at 2280 Ma lewood Drive. A royal is sub~ect to the followin conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall: a. Submit grading, drainage, utility and erosion control plans to the city engineering department for approval. The city engineering department should review the plans for the possibility of Menards implementing some or addi#ional types of best management practices (including rainwater gardens} to help treat storm water on the site. b. Revise the site plans for staff approval to provide enough handicap-accessible parking spaces to comply with ADA (Americans with Disabilities Act) requirements. c. Submit for staff approval, consistent elevations and site plans that con'elate to each other, based on the plans date-stamped March 8, 2OOfi. The plans date-stamped January 17, 2006, and elevations date-stamped February 6, 2006, are inconsistent and difficult to read. d. Submit a revised wrought-iron fence elevation showing that the proposed decorative lights have been removed from the fence. e. Submit a revised landscaping plan showing the following: {1) All existing landscaping an the north side of the building. This plan should reflect all landscape materials that are healthy, in poor health, or dead. The purpose of this plan is to ensure that all landscaping required previously by the city in this location has been planted and is healthy and thriving. (2) The implementation of landscaping in front of or near the new garden cen#er. If landscaping in this area is not feasible, work with staff to implement additional landscaping throughout the site. (3) At least one rainwater garden to help treat the storm water from the site. f. Submit to city staff a cash escrow ar an irrevocable letter of credit for all required exterior improvements. The amount shall be 180 percent of the cost of the work. 3. The applicant shall complete the following before occupying the building addition: a. Menards shall provide a gate and clear access to the sanitary sewer manhole on the site as part of this request. b. Paint any new rooftop mechanical equipment to match the building color if the units are visible. (code requirement) 12 c. The city waives the trash-dumpster screening requirement unless the dumpsters would be visible to the public. If Menards wants to keep their dumpsters outside, then they shall provide an enclosure for them using the same materials and color as the building. d. Provide site-security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors. e. Meet all the requirements of the fire marshal including: (1) Keeping the perimeter of the building accessible far fire emergencies. The applicant should arrange with the fire marshal for access through the gate behind the building in the case of emergencies. (2} Installing a monitored fire protection system. (3} Providing a floor plan of the store and a fire department lock box at the main entrance. f. Verify that all existing required landscaping is healthy and growing, and replace the landscaping if it is not healthy and growing. Plant all other landscaping required with this approval. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The shave-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring ar summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Signs are not part of this approval. The applicant shall submit any requests for new or revised signs to staff for sign permits. Seconded by Mayor I*angrie Ayes-Ali 13 _ MINUTES MAPLEWOOD CITY COUNCIL Attachment 7 - 7:3$ P.M. Monday, September 11, 2006 Council Chambers, City Hall Meeting No. 06-23 NEW BUSINESS 2. Appeal of Condition of Approval -Menards (2280 Maplewood Drive) a. Planner Roberts presented the report. b. Brandon Wilmer, Rea[ Estate Project Manager, 4777 Menard Drive, Eau Claire, Wisconsin was present far council questions. c. Planning Commissioner Trippler asked the no parking signs continue to Atlantic Street which Mayor Longrie stated required notice must be made to all affected property owners. Councilmember Cave moved to reaffirm the arkin reduction authorization for Menards at 2280 ManEc3wnnrl l~rivP a~ annrnvPCl by the Citv Council on March 27. 2006. This aooroval was to allow Menards to have 50 fewer parkinu spaces than the s 1. The required number of spaces is excessive. Menards has gotten by, essentially, with the main parking area in front of the building since 1988. Menards customers do not typically use other available parking areas on the site. 2. The proposed garden center addition would need 80 spaces according to the code. However, Menards is currently using this same area for retail sales and outdoor storage as approved earlier by the city. As a condition of approval of this request, Menards shall provide adequate directional signage in the parking lot. Seconded by Mayor Longrie Ayes-Mayor Longrie, Councilmembers Cave and Hjelle Nays-Councilmerriber Juenemann and Rassbach Councilmember Cave moved to add no parking signs on both sides of the frontage road between the Menards property lines. Seconded by Mayor Longrie Ayes-All 14 Agenda Item M4 MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: Acting City Manager Ken Roberts, Planner Conditional Use Permit Review Dearborn Meadows PUD Castle Avenue and Castle Court May 22, 2008 INTRODUCTION The conditional use permit (CUP) for the Dearborn Meadows planned unit development (PUD) is due for review. This CUP is fora 15-unit town house PUD on Castle Avenue and Castle Court, east of White Bear Avenue. Refer to the maps on pages three through six and the city council minutes starting on page seven. BAC KG RO U N D On May 27, 2003, the city council approved a revision for the conditional use permit (CUP) for the Dearborn Meadows PUD. This revision was for the 15-unit town house development on Castle Avenue and Castle Court. (See the maps on pages three through six.) The CUP revision for this development was subject to seven conditions of approval. On September 8, 2003, the city council approved the final plat for Dearborn Meadows East. This plat created nine lots for town houses in the second phase of the Dearborn Meadows development. (See attached final plat map on page six). On May 24, 2004, the city council reviewed the CUP for the Dearborn Meadows PUD and agreed to review it again in one year. On May 9, 2005, the city council reviewed the CUP for the Dearborn Meadows PUD and agreed to review it again in one year. On May 22, 2006, the city council reviewed the CUP and agreed to review it again in one year. On May 14, 2007, the city council reviewed the CUP and agreed to review it again in one year. DISCUSSION The builder is progressing slowly with the town houses in this development. The contractor has completed the building and site construction for the first phase of the development. For the second phase of the development, the contractor has completed six of the eight city-approved town homes. Since the developer and contractor have not yet finished the project and because they have not completed all of the site improvements, the city council should review this CUP again in one year. This review will give staff and the property owner a chance to ensure that the project is meeting all city ordinances and conditions of approval. RECOMMENDATION Review the conditional use permit (CUP) for the Dearborn Meadows PUD on Castle Avenue and Castle Court again in one year or sooner if the developer or the owner proposes a major change to the site. REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.6 acres SURROUNDING LAND USES North: Home Depot across Highway 36 South: Single and double dwellings on Cope Avenue West: Houses on Castle Avenue East: Houses on Castle Avenue PLANNING Existing Land Use and Zoning designations: R-2 (single and double dwellings) Criteria for Conditional Use Permit Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. p:sec11\fDearborn Meadows CUP review - 2008.doc Attachments: 1. Location Map 2. Area Map 3. Proposed Preliminary Plat - 2003 4. Proposed Final Plat (East Addition) - 2003 5. 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I ' 1 L~ e'{_ r` r l u g I` • r 1 1 " I I I I I L' e: ;: " 1 GR4RhIiG OGAW I I 'l 1 ~• - l l i- I I I I I I ~' I -i I 1 I I a t I 1 I 6p i F I I I 1 I ~ I' 4 _ I l ~• i I _ I I 9aela: f mae { { I I I I I I I I ~ I I I I I~ 'I I I RRiJPOSED FINAL PLAT 'Q' Ia~d~R330RN 1"fE~4DOUJ E,4St N A. B. C. H. MINUTES MAPLEWOOD CITY COUNCIL 7;04 P.M., Tuesday, May 27, 2003 Council Chambers, Municipal Building Meeting Nn. 43-11 CALL TO ORDER: Attachment 5 A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:04 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth "~1". Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Iulie A. Wasiluk, Councilmember Present PUBLIC ~IEARINGS 1. 7:32 p.m. Dearborn Meadow East (Castle Avenue) Conditional T7se Permit Revision for Planned Unit Development Preliminary Plat Revision Design Approval a. City Manager Fwsman presented the staff report. b. Associate Planner Roberts presented specifics from the report. c. Commissioner Dierich presented the Planning Commission Report. d. Baardmember Shankar presented the Community Design Review Board Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Patrick Kinney, the applicant, 4108 Oakmede, White Bear Lake d. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to ado t the followin resolution a rovin a revision to the conditional use permit for a planed unit developt~xent for the 1 S-unit Dearborn Meadow and Dearborn Meadow East develo ment on the south side of Castle Avenue: 7 RESOLUTION 03-OS-092 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Mr. Pat Kinney applied for a conditional use permit (CUP) revision for the Dearborn Meadow residential planned unit development (PUD). WHEREAS, this permit applies to the 1 S-lot Dearborn Meadow East development the city received on April 7, 2003. The legal description is: Lots I6 and 17, Block 6, Lots 27, 28, 29 and the east half of Lot 26, BIock 7, Lats 1, 2, and 3, Block 10, Lots 14 and 1 S, Block 11, and Lots 18-22, Block 6; and Lots 9-13, Block 11, all in Dearborn Park, together with adjacent alleys and streets, in Section 11, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Lots 1-6 of Dearborn Meadow and Lots 1-9 of Dearborn Meadow East} WHEREAS, the history of this conditional use permit is as follows: On May 5, 2003, the planning commission recommended that the city council approve this permit. 2. On May 27, 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and presezzt written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit because: The use would be located, designed, maintained, eanstructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and 8 parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: I . All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve Honor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the trees as possible. (2) Ail driveways at least 20 feet wide. If the developer wants to have parking on one side of the main drive {Castle Place), then it must be at least 28 feet wide. (3j All parking stalls with a width of at least 9, S feet and a length of at least 18 feet. (4) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. 2. The proposed construction (of Dearborn Meadow East) must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline far one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the engineer's memo dated April 24, 2003. 4. The approved setbacks for the principal structures in the Dearborn Meadow shall be: a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet, maximum - 3 S feet b. Front-yard setback (public side street): minimum - 30 feet, maximum ~ none c. Rear-yard setback: 30 feet from any adjacent residential property line d. Side-yard setback (town houses): minimum - 20 feet from a property line and 20 feet minimum between buildings. 9 S. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 6.The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris ar junk from the site. 7. The city council shall review this permit in one year. Seconded by Councihnember Juenemann Ayes-All Councihnember Wasiluk moved to approve the Dearborn Meadow East preliminary, .plat based on the following conditions: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Pay the city for the cost of trafrie-control, street identification and no-parking signs. d. Provide all required and necessary easements {including all utility easements and ten-foot drainage and utility easements along the front and rear iot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot). e. Cap and seal any wells on site. f Have Xcel Energy install a street light at the intersection of Castle Avenue and the proposed private driveway (Castle Place). The exact location and type of light shall be subject to the city engineer's approval. g. Install permanent signs around the edge of the wetland buffer easement. These signs shall mark the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. h. Install survey monuments along the wetland boundaries. 2. * Have the city engineer approve final construction and engineering plans. These plans shall 10 include grading, utility, drainage, erosion control, tree, and street plans. The plans shall rrieet all the conditions and changes listed in the memo dated April 28, 2003, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall: (1j Include proposed building pad elevation and contour information for each home site. The lot lines on this plan shall fallow the approved preliminary plat. (2) Include contour information for all the land that the construction will disturb. (3) Show housing pads that reduce the grading on sites where the developer can save large trees. (4) Show the proposed street and driveway grades as allowed by the city engineer. (5) Include the tree plan that: X Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. X Shows no tree removal beyond the approved grading and tree- limits. (6) Shaw drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the runoff from the surrounding areas. The undeveloped parcel to the east of this site shall have unrestricted access to the storm sewer with a capacity to accommodate post development runoff c. The street and utility plans shall show the: (1) Water service to each lot and unit. (2) Repair of Castle Avenue (street and boulevard) after the developer connects to the public utilities and builds the private driveways. 3. Paying for costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. This shall include a 30-foot-wide easement for the existing 16-inch water main and easements for any other existing utilities on the site. The Saint Paul Regional Water Services (SPRWS) shall approve the description and location of the easement for the water main. 11 b. Shaw drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Label the north south part of the private driveway as Castle Place, label Castle Street as Castle Avenue and label the east/west part of the private driveway as Castle Court on all plans. d. Label the common area as Outlot A. 5. Secure and provide all required easements for the development including any off-site drainage and utility easements. 6. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat appravai. 7. If necessary, obtain a permit from the Ramsey-Washington Metro Watershed District for grading. S. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. 9. * Submitting the homeowners' association bylaws and rules to the director of community development. These are to assure that there will be one responsible party far the maintenance of the private utilities, driveways and common areas. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Councilmember Koppen Ayes-All Councilmember Juenemann moved to approve the Dearborn Meadow East plans date- stamped April 7.2003,~site plan, landscape plan~_r~ ad~g and drainage_plans and building elevations for Dearborn Meadow. The ci bases this a royal on the findin s re aired b the code and the following conditions: l . Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. * Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, sidewalk and driveway and parking lot plans. The plans shad meet the following conditions: 12 (2) The grading plan shall: (a) Include building, floor elevation and contour information. (b} Include contour information for the land that the construction will disturb. (c} Show sedimentation basins or ponds as maybe required by the watershed board ar by the city engineer. (d) Show a berm (twa to four feet high} along the south property line of the site. {3)'~ The tree plan shall: (a) Be approved by the city engineer before site grading or tree removal. {b} ,Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (c) Show the size, species and location of the replacement trees. The deciduous trees shall be at least two and one half (2 ^}inches in diameter and shall be a mix of red and white oaks and sugar maples. (d) Show no tree reinaval beyond the approved grading and tree limits. (4} All the parking areas and driveways shall have continuous concrete curb and gutter except where the city engineer decides that it is not needed. The applicant and the city engineer shall review the curbing plan to possibly eliminate the right angles on the east end of Castle Court. (5} There shall be no parking on one side of the 28-foot-wide driveway (Castle Place}. The developer or contractor shall post Castle Place with no parking signs to meet the above-listed standard. The city will allaw parking on Castle Court. b. Submit a certificate of survey far ail new construction and have each building staked by a registered land surveyor. c. Submit a revised landscape plan to staff for approval that incarporates the following details: (1} All trees would be consistent with city standards for size, location and species. {2) Planting (instead of sodding} the disturbed areas around the wetland with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet from the 13 ordinary high water mark (QHWM) ofthe pond. This is to reduce maintenance costs and to reduce the temptation of people mowing into the pond. (3} The ash trees must be at least 2 112 inches in caliper, balled and burlapped. (4) The plantings proposed around the front of the units shown on the landscape plan date-stamped April 7, 2003, shall remain on the plan. (5) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the wetland easement). (6) The contractor shall restore the Castle Avenue boulevard with sod. {7) Adding ten more evergreen trees (Black Hills spruce or Austrian pines) to the proposed evergreen trees along the north and south property lines of the site. These trees are to be at least six feet tall and the contractor shall plant these trees in staggered rows on the bean. This shall include adding trees between proposed Units 7 and S at the northeast corner of the site. d. Present a color scheme for the buildings with a variety of colors to staff for approval. e. Present a revised building plan far staff approval that shows brick wainscoting on the north sides of all the units that are along Castle Avenue. f If necessary, get an access permit from MnllOT for the driveways that will be on Castle Avenue {as MnDQT has n.ot turned Castle Avenge back to the city). g. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the fallowing before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the area within the easement, which maybe seeded. c. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. d. The developer or contractor shall: (1) Place temporary orange safety fencing and signs at the grading limits. {2) Remove any debris or junk from the site. e. Put addresses on each building for each unit. 14 f. Provide a driveway turn around for Lot 7 on Castle Avenue. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. 5. Ali work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Collins Ayes-All 15 Agenda Item M5 AGENDA REPORT TO: Acting City Manager, Chuck Ahl FROM: IT Director, Mychal Fowlds SUBJECT: Authorization to Enter into Agreement to Receive Web Services from CivicPlus DATE: June 3~d, 2008 Introduction Over the past year access to our website, both internally and externally, has continually been subpar. As we drive to offer more and more via our website we can no longer afford to work with our current provider. CivicPlus is the replacement that we are recommending. Background CivicPlus will offer many features for staff and residents such as automatic a-mail notification, forms and RSS feeds. They also offer useful add-ons such as a request tracker, blogs, online job application and packet creator. CivicPlus will give us the tools to design a fresh new look to our website while offering more to our residents than ever before. CivicPlus has a backend that allows staff to continue to update their own pages saving the cost of having a centralized person responsible for updates. Budget Impact This purchase has been planned for and will be funded from the 2008 IT Fund. Charges to be incurred are a one-time setup fee of $16,600 and an on-going monthly fee of $650. Recommendation It is recommended that authorization be given to receive and make payment for web services from CivicPlus. Action Required Submit to City Council for review and approval. Attachments: 1. CivicPlus quote MRF Date Initiated: CivicPlus License and Service Agreement for City of Maplewood Organization: City of Maplewood Web Address: www.ci.maplewood.mn.us Contact Name: Mychal Fowlds E-mail Address: mychal.fowlds@ci.maplewood.mn.us Street Address: 1830 E County Rd B Address 2: City Maplewood State: MN Zip Code: 55109 Phone: 651-249-2923 Ext: Fax: 652-779-4955 Billing Contact: Mychal Fowlds Billing Address (if different) Billing Phone #: 651-249-2923 Fax: Information required on invoices, e.g. P.O. # or Job #: Tax ID #: Sales Tax Exempt #: Payment Terms: Annual Acct. Rep. April Hamilton Terms and Conditions: 1. Annual invoicing for this contract will begin on original go-live date jointly established by the client and CivicPlus. 2. Annual invoicing may be prorated in order to correlate with the client's budget year. 3. Annual fees for CivicPlus services are invoiced prior to the year of service and are due by the first of the following month. 4. CivicPlus reserves the right to start invoicing within 6 months of contract signing. Non-activity by client within that timeframe may require re- negotiation. 5. Either party may terminate the agreement at the end of the contract term by providing the other party with 60 days prior notice. 6. In the event that neither party gives such notice prior to the end of the initial or any subsequent term, this agreement will automatically be renewed for an additional contract term. 7. In the event of early termination of this agreement by the client, full payment of the remainder of the contract is required within 15 days of termination. 8. Annual rates will automatically increase by 5%. 9. Upon completion of design, one-third of the total one-time fee will be invoiced. Upon completion of training, one-third of the total one-time fee will be invoiced. The remainder of the one-time fee and any additional services will be invoiced upon go-live. 10. Modifications to the original "go-live" date by the client may result in additional fees if additional fees are incurred by CivicPlus for changing travel arrangements. 11. Payment is due on the date annotated on the invoice for that term's service. Service will be discontinued if payment is not made within 20 days after the due date. Payments received will be applied first to finance charges, then to the oldest outstanding invoice. 12. If the account exceeds 60 days past due, the web service will be removed and the data will be erased. 13. CivicPlus will support designated support contacts for the client. Support will include providing technical support and application support of the CivicPlus system. Following initial setup, additional page design, graphic design, word processing training, and custom programming may be contracted separately. Page 1 of 3 CivicPlus .317 Houston St., Suite E . Manhattan, KS 66502 888-228-2233, ext. 307, Fax: 785-587-8951 www.civicplus.com Date Initiated: CivicPlus License and Service Agreement for City of Maplewood Project Summary Annual Fee One-Time Fee Overall Project Management $ $ 900.00 Website Design $ $ 2,500.00 Develop Navigation Architecture $ $ 1,200.00 Site Development -Included Modules and Site Setup $ 7,800.00 $ 2,500.00 With 1 GB and 325 GB of transfer per month Upgraded Modules Total from below $ $ N/A Custom Development $ $ N/A Site Development -Content -up to 200 pages $ $ 5,900.00 Review and Test $ $ 900.00 Training: Up to 15 hours remote phone training for two (2) employees $ $ 1,500.00 Go-live and project review $ $ 1,200.00 Search Engine Registration $ $ Included Total $ 7,800.00 $ 16,600.00 Irxli~dcd n~fodiilcs Annual Uno-time ~~nnual One-time Fcc I ~cc I ice Fee ^D .~rchicece„ter 5 Included S included ^D (>~,inion Pall S Includal S Includal ^ R.uuier I)ecelo~~ment .add I S S ^ Phata Gallerc S S D Rid Po~tin~ 5 ~ncludal 5 Included D ~hiicl:linl:,~ 5 included 5 Includal ^ Rlag S S ^ KcyucstTracl:cr far users S S D Rusinrss ~)irecunc 5 Included 5 Included ^D KSS 5 Included 5 Includal © nacument (enter S Includal S Includal D Slidesha~c S Includal S Included D ncnamic 13readcrumhs 5 Includal 5 Included D ~tarfnirrcturc 5 Includal 5 Included D ncnamic Sitema,, S Includal S Includal ^ Uther: S S ^ ~_-cummrrce 5 S admin. ~lodulcs ~ Scr,;ccs ^x l\rnt~c.dend.u S Includal S Includal ^.~dditianal Ik~mains S S D ~~;~(<) 5 Includal S Included ^;~uunnatal ~ulfam~rrter S S D rarm~ I)ecelo~~ment Tool S Includal S Includal D I_inl:~ Kedirect S Includal S Includal ^ Inu~anet 5 S ^D Unline A~eh Statistics S Includal S Included D Jah Pasting S Includal S Includal D Printer I~riendlc S Includal S Includal D \e~cs Flash ~ Included S Includal D Kouuin~ content S Included S Included ^D \atifc A,le I_nwil Suhscri~nian '~ Includal $ Includal D Sc:uchLngincRcgisuution $ Includal 5 Includal ^ (hiline loh .~~~~,rcauon ~ ~ D Site Scorch ~ rntrc Lag S Included S Included D Website Administrative Log $ Included $ Included Setup Notes: CivicPlus will develop a unique website for the client. Upon approval of the design, the selected services will be established with on-going review by the client. Upon completion of training, the client will be responsible for updating and maintaining their website. CivicPlus will continue providing updates to the software and maintain the content and data. Page 2 of 3 CivicPlus .317 Houston St., Suite E . Manhattan, KS 66502 888-228-2233, ext. 307, Fax: 785-587-8951 www.civicplus.com Date Initiated: CivicPlus License and Service Agreement for City of Maplewood Additional Training: Training that involves billable time beyond the contracted amount will be documented and invoiced. Approval by the client is necessary before billable time is incurred. Support: Page development support and technical support provided free throughout the terms of the contract. Technical problems with the software are addressed throughout the contract period at no charge. Additional Projects: Projects that involve billable time beyond the contracted amount will be documented. Written approval by the client is necessary before billable time is incurred. Maintenance Upgrades: Maintenance upgrades to the CivicPlus service are provided at no extra charge. Additional modules may be purchased and activated at any time Indemnification and Liability City of Maplewood shall defend, indemnify and hold harmless CivicPlus, its partners, employees, and agents from and against any and all lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses including attorney's fees of any kind, without limitation, in connection with the operations of City of Maplewood and installation of software contemplated by this agreement, or otherwise arising out of or in any way connection with the CivicPlus' provision of service and performance under this agreement. This section shall not apply to the extent that any loss or damage is caused by the gross negligence or willful misconduct on the part of CivicPlus. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the customer. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by customer or any entity other than CivicPlus that furnishes services, facilities or equipment used in connection with CivicPlus services or facilities. Except as expressly provided in this agreement, CivicPlus makes no expressed or implied representations, or warranties, including any warranties regarding merchantability or fitness for a particular cause. Development Specifications Additional development specifications and requirements will follow upon commencement of the project. Acceptance: We the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this contract. Name Maplewood Date Name Date CivicPlus Please fax the above contract as soon as possible to FAX Number: 785-587-8951 For any billing questions, Accounting can be reached at 888-228-2233, ext.215 Support can be reached at: 888-228-2233, ext. 307 785-587-1853, ext. 307 Page 3 of 3 CivicPlus .317 Houston St., Suite E . Manhattan, KS 66502 888-228-2233, ext. 307, Fax: 785-587-8951 www.civicplus.com Agenda Item M6 AGENDA REPORT TO: Chuck Ahl -- Acting City Manager FROM: Steve Kummer -Civil Engineer I I SUBJECT: Kohlman Lane Area Improvements, City Project 07-21, Approve Storm Water Maintenance Agreement with Ramsey County Parks and Recreation DATE: May 30, 2008 INTRODUCTION On April 28, 2008, the city council awarded the contract for work on the Kohlman Lane Area Street Improvements (City Project 07-21) to C.W. Houle, Incorporated. A portion of the improvements includes the construction of two (2) storm water infiltration ponds and an infiltration swale along Kohlman Lane. These improvements would be constructed in the Kohlman Marsh area, which is owned by Ramsey County Parks and Recreation. City staff worked closely with Ramsey County Parks officials for the placement, planting and proposed drainage schemes of both ponding areas relative to the improvements proposed for Kohlman Lane. Since the ponding and infiltration areas will be built on Ramsey County Parkland, a mutual agreement between the City of Maplewood and Ramsey County is required for the City to legally enter the property to perform regular maintenance on the ponding and infiltration areas. The city council will consider approving the attached agreement. Background During the design phase for the Kohlman Lane Area Street Improvements, city staff looked to several off- road areas for installing storm water treatment measures generally in the area of the streets to be reconstructed. As design progressed, city staff began discussions with Ken Wehrle, the director of Planning and Development, with Ramsey County Parks and Recreation for the construction of two storm water infiltration basins and one infiltration swale that would be placed on County property. City of Maplewood and Ramsey County Parks staff agreed on two different locations for the ponding basins: o One of the ponds and the infiltration swale would be constructed in the Kohlman Marsh area north of Kohlman Lane across from 960 Kohlman Lane. o The other pond would be constructed in the Kohlman Marsh area across from the properties at 920 and 926 Kohlman Lane. Once the design details of the ponding areas were worked out, city staff worked with county parks officials on how the area would be maintained. City staff and county parks officials agreed that an agreement ratified by both the Ramsey County Board and the Maplewood City Council would be the most straightforward method of granting legal rights to the City to enter county property for pond maintenance. This agreement would also comply with Ramsey County's no-net-loss of park property policy as stated in its county charter, as the City would not be purchasing the property or placing the property under an easement. Impacts to the Kohlman Marsh The most important conditions of the agreement are that the City has received approval from the Ramsey Washington Metro Watershed District (RWMWD) to construct the ponds and to move forward with the Agenda Item M6 Kohlman Lane Improvements and that the existing wetlands within the Kohlman Marsh are not impacted by the construction of the ponds. At the April 7t", 2008 meeting of the RWMWD Board, city staff received approval from the Board to move forward with the Kohlman Lane Improvements. A contingency that the Board placed on the permit was that the construction of the ponds within the Kohlman Marsh area could not move forward until the wetland delineation was completed. Since the RWMWD Board approval, city staff worked with RWMWD staff, Ramsey County Parks staff and area residents on the shapes of the ponds that would best suit the area in terms of avoiding wetland impacts and minimizing tree removals. City staff also commissioned a wetland delineation that was performed on May 1St With the construction of the ponds, city staff does not anticipate any construction impacts to the area wetlands as both ponding areas are well outside the boundaries of the field-marked wetland delineation. Great care will also be taken to assure that the wetland is protected from construction sedimentation and erosion for the reconstruction of both Kohlman Lane and the off-street ponding areas. RECOMMENDATION The city attorney and the Ramsey County Parks attorney have both reviewed the documents along with city and county staff. It has been agreed by both parties that the maintenance agreement can be presented before both the Maplewood City Council and the Ramsey County Board for approval in its current form with the Ramsey County Board to take action on June 10tH Staff recommends that the city council approve the attached Storm Water Maintenance Agreement between Ramsey County Parks and Recreation and the City of Maplewood. Once the agreement has been ratified by the Ramsey County Board and the Maplewood City Council, construction may proceed on the ponding areas to be constructed within the Ramsey County Parks property. Attachments: 1. Agreement 2. Ponding Exhibits 3. RWMWD Permit 4. Location Map Agenda Item M6 Attachment 1 AGREEMENT BETWEEN CITY OF MAPLEWOOD AND COUNTY OF RAMSEY FOR CONSTRUCTION AND LONG TERM MAINTENANCE OF STORM WATER PONDS AND INFILTRATION SWALE NORTH KOHLMAN MARSH PROTECTION OPEN SPACE This Agreement is between Ramsey County, Minnesota, a political subdivison of the State of Minnesota, on behalf of the Parks and Recreation Department, 2015 North Van Dyke Street, Maplewood MN 55109 ("County") and the City of Maplewood, a municipal corporation of the State of Minnesota, 1830 County Road B East, Maplewood MN 55109 ("City"). WHEREAS, The City is reconstructing Kohlman Lane including new curb and gutter, paving and storm water drainage structures; and WHEREAS, Existing storm water from Kohlman Lane drains unimpeded into Kohlman Lake and the Keller Chain of Lalces; and WHEREAS, A segment of the proposed newly improved roadway is adjacent to the North Kohlman Marsh Protection Open Space Site, owned by the County; and WHEREAS, The City has requested permission from the County to construct two small storm water ponds and one infiltration swale on the County Open Space Property and to direct roadway storm water drainage via storm sewer inlets and pipes to these areas; and WHEREAS, The Ramsey County Parlcs and Recreation Department has worked with the City to determine the location, size and shape of the proposed storm water ponds and infiltration swale and the proposed storm water ponds and infiltration swale are consistent with parks open space use and the Ramsey County Parlcs and Recreation Department believes the treatment of storm water runoff will benefit Kohlman Lake, the Keller Chain of Lakes and Keller Regional Park; and WHEREAS, The City will be responsible for all costs associated the design, construction, planting and on-going maintenance of the two storm water ponds and the infiltration swale; and NOW, THEREFORE, in consideration of the mutual covenants and promises made herein, the parties agree as follows: Agenda Item M6 Attachment 1 SECTION 1 TERMS 1) The City may construct two (2) storm water ponds and one (1) infiltration swale on County property in the North Kohlman Marsh Protection Open Space Site as described as follows: That part of Government Lot 1 and the Northeast quarter of the Southwest quarter of Section 4, Township 29, Range 22, Ramsey county Minnesota, lying Northwesterly of the centerline of Kohlman Lane as described in Document No. 1512375 and lying Northeasterly of the extension of the northeast line of Lot 3, Kohlman's Division and lying East and Southeast of the following described line: Beginning at the Northeast corner of said government Lot 1; thence South along the east line of said Government Lot 1 for 660 feet; thence 5.52°W., 600 feet and there terminating; and lying South of the following described line; commencing at the northwest corner of said Northeast quarter; thence South along the west line of said Northeast quarter of Southwest quarter for 468.78 feet to the point ofbeginning; thence southeasterly deflecting to the left 55°46' to Kohlman Lane and there terminating; except that part which lies within the following described tract: Commencing at the southwest corner of said Northeast quarter to Southwest quarter; thence N.ll°30'E., 90 feet to the point of beginning; thence N.27°E., 50 feet; thence N63°W., 50 feet; thence 5.63°E., 200 feet to the point ofbeginning and there terminating; subject to Kohlman lane and, That part of Lot 3, Kohlman's Division and that part of Government Lot 1, Section 4, township 29, Range22, all in Ramsey County, Minnesota, described as follows: commencing at the Northeast corner of said Government Lot 1; thence South along the east line of said Lot 1 for 660 feet; thence 5.52°W. to the intersection of the Northeast line of said Lot 3 extended being the point of beginning; thence Southeasterly along the extended Northeast line of said Lot 3 to the intersection of the centerline of Kohlman Lane as described in Document No. 1512373; thence Southwesterly along said centerline of Kohlman Lane to the centerline of an easement for old Kohlman Land described as follows: commencing at the Northwest corner of the Southeast quarter of the Southwest quarter of said Section 4; thence N.27°W., 165 feet to place ofbeginning of roadway; thence 5.53°W., 200 feet; thence 5.60°W., 350 feet; thence 5.44°W., 480 feet to the intersection with the County Road running around Gervais Lake and there terminating; thence Southwesterly along the above described centerline, East of the most westerly line of said Lot 3 to intersect with a line bearing 5.52°W. from the point ofbeginning; thence N.52°E. to the point of beginning and there terminating. 2 Agenda Item M6 Attachment 1 2) The City shall construct the two (2) storm water ponds and one (1) infiltration swale as per the attached plans, Exhibits A, B, and C. 3) The City shall notify the County at least three (3) days in advance of commencing construction on County property. 4) The project design shall conform to the permit requirements of the Ramsey- Washington Metro Watershed District. Permit attached to and made part of this Agreement as Exhibit D. 5) The City shall be responsible for all costs associated with the design, construction, planting and on-going maintenance of the storm water ponding areas and infiltration swale. 6) The City shall not assess the County for any costs associated with this project including construction and on-going maintenance. 7) The County grants the City limited access to the property solely for the purposes of cleaning, maintaining and ensuring proper functioning of the storm water ponding areas, infiltration swale and associated storm sewer system. 8) The City shall perform routine maintenance on the storm water ponding areas, infiltration swale and associated storm sewer system. Routine maintenance shall include periodic excavation of collected sediments, trash and other debris, maintenance of plantings, cleaning of tributary storm sewer as needed, and maintenance of pond components critical to timely draw-down of pond water level after rain fall events. Prior to all routine maintenance activities, the City shall contact the County a minimum of 72 hours in advance of any activities to occur on County property. 9) The County grants the City permission to utilize the equipment and labor necessary for cleaning and maintenance activities on the ponding and infiltration areas. Equipment for maintenance activities shall not encroach outside of the boundaries of the highest water level of the ponds or infiltration swale (refer to Exhibits A, B and C). 10) The City shall be responsible for restoration of all areas disturbed by maintenance activities. Restoration shall be completed per the original construction plans unless otherwise agreed to by the County. ll) The City shall be solely responsible for complying with all laws, ordinances, rules or requirements of any other Federal, State, Municipal or local agencies regarding any matters relating to the storm water ponding areas and infiltration swale. The City shall secure all required permits prior to commencing construction. Agenda Item M6 Attachment 1 SECTION 2 DURATION 1) The City shall perform maintenance activities on the storm water ponding areas and infiltration swale in a timely manner and to the satisfaction of the County. The County shall submit any requests for maintenance of the ponding area to the City in writing. The City shall respond to the written request within 30 days of receiving the notice. Upon responding to the request, the City and County shall coordinate a reasonable time for performing requested maintenance activities. 2) Should the City not perform the ongoing maintenance activities, deviate from the terms of Section 1, or not respond to the County within 30 days of a maintenance request, the County may, with 60-day written notice, terminate this agreement. 3) Upon termination by the County, the City shall prepare and submit a plan for County approval for routing of drainage and drainage facilities as part of the Kohlman Lane Area Street Improvement project. The approved plan shall include restoration of the project area to the satisfaction of the County and shall be implemented by the City within 120 days of approval by the County. 4) The City may terminate this agreement only after 1) giving 60 days written notice to the County, and 2) if requested by the County, preparing and submiting a plan for County approval for routing of drainage and drainage facilities constructed as part of the Kohlman Lane Area Street Improvement project, and 3) the approved plan shall include restoration of the project area to the satisfation of the County and be implemented by the City within 120 days of approval by the County. 5) The City shall be responsible for all costs of implementing the plan approved by the County. 6) After termination, the parties shall have no further obligation or responsibility under this Agreement. SECTION 3 MEETINGS 1) The City, through its Public Works Department or proper designee, agrees to meet at the request of the County should any issue arise under this Agreement. The purpose of said meetings shall be to discuss issues which affect the substantive rights of the parties under this Agreement. The time and place of any such meeting, hereunder, shall be determined by the parties with reasonable notice to one another. The parties retain the right to conduct meetings through other electronic means as is acceptable to both parties. 4 Agenda Item M6 Attachment 1 SECTION 4 AGREEMENT SUBJECT TO DATA PRACTICES ACT 1) This Agreement shall be subject to the Minnesota Data Practices Act, at Minnesota Chapter 13, comparable provisions and Federal Law. SECTION 5 INDEMNIFICAION & INSURANCE 1) The City shall defend, indemnify and hold the County, its official, agents and employees harmless from any claims, suits, causes of action liabilities, damages and costs (including reasonable attorney's fees) of whatsoever nature arising out of or relating to activities, actions or inactions of the City, its agents, contractors or employees in all activities relating to this project and on-going maintenance. This provision shall survive the expiration of this agreement. 2) The City shall provide the County with an Insurance Certificate naming the County as an "Additional Insured" which is acceptable to the County Risk Manager prior to entering County property. SECTION 6 MEDIATION OF DISPUTES 1) Any and all disputes between the parties under and concerning this Agreement, including its formation and the entering into the clause itself, shall be subject to mediation. The dispute shall be submitted to a mediator selected and agreed upon by the parties within thirty (30) days. In the event that the parties cannot agree to a mediator, a mediator shall be chosen by the Chief Judge of the Ramsey County District Court. The costs of mediation shall be equally divided between the parties. SECTION 7 COMPLETENESS OF THE AGREEMENT 1) This document contains all the terms and conditions of this Agreement, and any alterations or variations of the terms of this Agreement shall be invalid unless made in writing and signed by the parties. There are no other understandings, representations or agreements, written or oral, not incorporated herein. If any part of this Agreement is declared null and void by law, the remaining paragraphs of said Agreement shall be valid. SECTION 8 NOTICES 1) Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: Agenda Item M6 Attachment 1 City Manager Director City of Maplewood Ramsey County Parks and Recreation Dept. 1830 County Road B East 2015 North Van Dyke Street Maplewood, MN 55109 Maplewood, MN 55109 Wherefore, the parties have executed this Agreement on the last date written below. RAMSEY COUNTY CITY OF MAPLEWOOD Jan Parker, Chair Ramsey County Board of Commissioners Date: Bonnie Jackelen, Chief Clerk Ramsey County Board of Commissioners Date: Approval Recommended: Gregory A. Mack, Director Parlcs and Recreation Department Approved As to Form and Insurance: Mayor Date: City Manager Date: Approved as to form by Legal Counsel Assistant County Attorney Budgeting and Accounting 6 ~, ~_ ;, \~ ~~ t ~~~_ w \~ \ ~\ `! t 5 30 ~~P ~ ~ P~~ ~~ ~~P ~O~ FI STRATI O N PONDING AREA ' ~ LP. F. 0 ~ ~ [} INFILTRATION SWALE vs 936 0 20 40 EXHIBIT licll MAINTENANCE AGREEMENT ase- i r ~ ~ 1 'a r-i __ _ ~) ~ ~ Date: May 29, 2008 To: City of Maplewood Public Works From: Tina Carstens, Permit Program Coordinator Re: Kohlman Lane Area Street Improvements 08-14 Dear Applicant, On April 2, 2008 the Board of Managers of the Ramsey-Washington Metro Watershed District reviewed your application for the above-described project. A motion was duly made, seconded, and passed to approve this project providing that the provisions of the permit were met. Your revised plans have been reviewed and have been found to meet the provisions of the District Permit. Please note general provision 14 which states: °'A representative of the grading contractor and the owner of the project must attend a meeting with the Watershed District staff to review the erosion and sedimentation control plan and the requirements of the Watershed District. This meeting shall be held after the erosion control measures are installed but prior to any grading on the site." Please contact Paige Wein, Permit Inspector at 651-792-7964 to schedule this meeting. Enclosure cc: Steve Kummer City of Maplewood Agenda Item M6 Attachment 3 Ramsey-Washington Metro Watershed Distric# 2665 Noel Drive Little Canada, MN 55117 (651) 792-7950 08-14 Pursuant to the Rules. and Regulations of the Ramsey-Washington Metro Watershed District policies and standards, and based upon the statements and information contained in the permit application, letter, maps, and plans submitted by the applicant and other supporting data, all of which are made a part hereof by reference, permission is hereby granted to the applicant named below to conduct the grading, filling, and/or drainage activity described below: Project Name Kohlman Lane Area Street Im rovements pplicant Name. Applicants Company Telephone Number Cit of Ma lewood Public Works 651-249-2400 pplicants Address City State .Zip Code 1902 E Co Rd B Ma lewood MN 55109 utnorized to complete project per plans and special provisions. Purpose of Permit Expire Date of Permit Street Reconstruction 5/29/2009 Property Description County Kohlman Lane/ Keller Parkway, Maplewood Ramsey This Permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: General Provisions 1. Construction shall be in accordance with the plans submitted to the District as part of the record for this project. 2. The site soil erosion and sediment control facilities shall be installed and maintained to conform with the standards specified in the RAMSEY COUNTY EROSION AND SEDIMENT CONTROL.. HANDBOOK. 3. The site soil erosion and sediment control facilities for rough grading phase of the project must be installed prior to any site grading operation. The District's Technician must be notified once these facilities are installed. Grading operation shall not begin until the District Technician approves the installed facilities. 4. All grading operations shall be conducted in a manner to minimize the potential for site erosion 5. In areas where concentrated flows occur (such as swales and areas in front of storm catch basins and intakes) the erosion control facilities shall be backed by a stabilization structure to protect those facilities from the concentrated flows. The stabilization structures, such as snow fence, shall be approved by the District Technician. 6. Any damaged silt fence or other erosion control facility shall be restored to their originally installed condition daily. 7. All areas disturbed during construction shall be restored as soon as possible. Any areas that have been finish graded and areas that have been disturbed, but have no active grading, shall be seeded and mulched within 14 days. All mulch material shall be disced into the soil in a direction perpendicular to the stormwater flow over such areas. Slopes 3:1 or steeper must be either seeded and covered with an erosion blanket product or mulched with a tackifying agent rather than discing the mulch. Agenda Item M6 Attachment 3 (GENERAL PROVISIONS CONTINUED) 8. All soils tracked onto pavement shall be removed daily.. 9. All construction site entrances shall be surfaced with crushed rock across the entire width of the entrance and from the entrance to a point 50 feet into the construction zone. 10. -All storm sewer catch basins not needed for site drainage during construction shall be covered to prevent runoff from entering the storm sewer system. Catch basins necessary for site drainage during construction shall be surrounded by silt fence or double ring of staked hay bales backed by snow fence. The fence or bales shall be installed and maintained around all catch basins until the tributary areas are restored. 11. Properly designed filter blanket and riprap shall be installed on the downstream side of all storm sewer outlets. 12. All riprap shall be designed and installed with a filter material and meet the Minnesota Department of Transportation specifications for riprap and filter material 13. A`silt fence backed by snow fence shall be installed and maintained directly downstream of all storm sewer outlets. 14. A representative of the grading contractor and the owner of the project must attend a meeting with the Watershed District staff to review the erosion and sedimentation control plan and the requirements of the Watershed District. This meeting shall be held prior to any grading of the site. 15. All storm sewers discharging into wetlands or water bodies shall outlet at or below the normal water level of the respective wetland or water body or at an elevation where the downstream slope is 1 percent or flatter. The normal water -level shall be the invert elevation of the outlet for the wetland or water body as approved by the District. 16. Low floor elevations of homes or buildings adjacent to wetlands or water bodies shall be a minimum of two (2) feet above the critical 100 year flood elevation for the respective wetland or water body as approved by the District. 17. The toe of the silt fence shall be trenched in a minimum of 6 inches. The trench backfill shall be compacted with a vibratory plate compactor. 18. Upon completion of the project and stabilization of all graded areas, all temporary erosion control facilities (silt fences, hay bales, etc.) shall be removed from the site. 19. Establishment of vegetation on the site must be done according to the Ramsey County Erosion and Sediment Control Handbook unless otherwise noted as a special provision of the permit. 20. All permanent sedimentation basins must be restored to their design condition immediately following stabilization of the site. 21. All plan revisions must be submitted to the District for review.- Special Provisions {See Permit Attachment) Authorized Signature: Clifton J ~chinger Title: Date: ~~ g ~ District Administrator 5!29/0$ Agenda Item M6 Attachment 3 08-14 Special Provisions 1. No volume reduction best management practices grading or other disturbances shall occur adjacent to project area wetlands until a wetland delineation is performed and then approved by the District. Plans shall be verified to ensure- the required amount. of volume reduction is provided based on the basins designed due to the delineation findings.. 2. Notes to the grading plan shall be added to provide direction to the contractor on the construction of the volume reduction BMP. The notes shall reference the need for appropriate construction sequencing, onsite soil. verification at time of construction, measures needed to prevent compaction during construction, and erosion control measures needed until adjacent areas have been stabilized. 3. District staff shall be notified at least 48 hours prior to the construction of the volume reduction BMPs in order to provide for District construction inspection. Failure to notify the District prior to BMP installation may result in the removal of work completed. A note shall be included on the plans. Agenda Item M6 Attachment 4 COUNTY ROAD D cou ~- L TTLE CANADA Q o w LYDIAI IAVE Gervais Lake P~ O~ ~~~j~ ~~ Sunset HIGHRIDGE CT. Ridge Park 0 ~ /i~ ~ w ~ ~ ~~l o' G~ RD. _ 2 ~ ~~ P Z ~~ G~ o ~ 3 O OD ~O Qv ~~ 6~ / ~ `~-~ ~;` ~`_ COUNTY ROAD C /~~~ ~ / ~ ~ Kohlman N/<< OO ~ Park ST . PALM ~ ~ ~ Manufactured ~ J~~ -I ~ ~ Housing ~ ~Q CT. P P~M p ~ W Estates 2 Q (; t ~ ~ 5 CSR ~ C ONNOR ~ 3 Q ~ CO~~ R,~ P~~~ ~ 4 CON NOR ~ PRO/POSIED~ 2008 STREET IMPROVEMENTS NO SCALE r N/ CT KOHLMAN LANE AREA STREET IMPRO~/EMENTS MAPLEWOOD, MINNESOTA CITY PROJECT 07-21 ~~ ~~O ~~ ~ ~ c~n BEAM AVE. w ~ kCy~ J ~~ Q MAN C T I Agenda Item M7 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Century Avenue Improvements, City Project 03-15, Approval of Cost-Share Agreements with Ramsey County and Woodbury DATE: May 29, 2008 INTRODUCTION The council should consider approval of cost-share agreements with Ramsey County and the City of Woodbury as part of the overall improvements to Century Avenue between Brookview Drive and Lake Road. All of the cost-share arrangements were reflected in the budget summary to council at the May 12tH 2008 regular council meeting. Background The Counties of Ramsey and Washington, together with the Community City partners of Maplewood and Woodbury, are reconstructing Century Avenue (CSAH 25 in Washington County/CSAH 72 in Ramsey County) and Valley Creek Road/Lower Afton Road (CSAH 16 in Washington County/CSAH 39 in Ramsey County). The Maplewood City Council ordered the preparation of a feasibility study at the April 9t", 2007, regular meeting. On June 11t", 2007 the city council accepted the feasibility report and ordered the public hearing. The project was then ordered at the June 25t", 2007 council meeting after the public hearing was conducted. Approval of plans and specifications and authorizing advertisement for bids occurred at the May 12t", 2008 meeting. Prior to Ramsey County awarding a construction contract, all partners need to execute cost-share agreements to ensure appropriate project funding. Maplewood needs to enter into two cost-share agreements. In 2002, Century Avenue, between Lower Afton Road and I-94, was turned back to Washington and Ramsey Counties. At that time it was determined by Ramsey and Washington Counties, along with Mn/DOT and the cities of Woodbury and Maplewood, that improvements were needed based on increasing traffic volumes, poor intersection operations, safety concerns, access issues, and poor pavement conditions. Improvements in Maplewood consist of Century Avenue from Brookview Drive to Lake Road, and also Lower Afton Road from Century Avenue to one-quarter mile west. Cost-Share Agreements The first cost-share agreement is with Ramsey County and includes Maplewood's obligation towards project costs which reflect the funding that has already been approved by council. The agreement was reviewed by the City Attorney. The second cost-share agreement is with the City of Woodbury and reflects the costs of water and sanitary sewer utility extension to the residential properties that are currently on well and septic systems in Maplewood. Woodbury would pay for construction costs up front and Maplewood would reimburse Woodbury upon work being completed as stated in the attached agreement. The City Attorney has reviewed the agreement as has Woodbury's legal counsel. Budget Impact Also as part of this project, sanitary sewer and water utilities are planned to be extended from the City of Woodbury to serve two residential properties in Maplewood; namely 105 and 111 Century Avenue South. The cost for these utility extensions is estimated at $39,800. The total estimated Maplewood contribution for the entire project is $350,665 which includes the obligation to the City of Woodbury for utility extension. Agenda Item M7 The budget approved by council on June 25t", 2007 is as follows: Street & Storm Assessments: $ 312,158.73 MSAS Funds: $ 25,000.00 Sanitary Sewer Fund: $ 32,841.27 Total: $ 370,000.00 It should be noted that the total estimated Maplewood share of $350,665 is only an estimate and actual costs would be reflective of work and actual bid prices. No budget adjustments are foreseen at this time. Once the bid prices are known and prior to the council providing concurrence for the award of contract, staff would provide updates on the budget. RECOMMENDATION It is recommended that the City Council approve the attached cost-share agreement with Ramsey County as part of City Project 03-15, and direct the mayor and city manager to sign the agreement signifying city council approval. It is also recommended that the City Council approve the attached cost-share agreement with the City of Woodbury as part of City Project 03-15, and direct the mayor and city manager to sign the agreement signifying city council approval. Minor revisions as approved by the City Attorney are authorized as needed for both agreements. Attachments 1. Ramsey County Cost-Share Agreement 2. City of Woodbury Cost-Share Agreement 3. Location Map Agenda Item M7 Attachment 1 RAMSEZ' COUNTY COOPS TIVE AGREEMENT WITH THE CITY OF MAPLEWOOD Agreement PW200~-04 Reconstruction of Century Avenue (CSAH 72) Attachments: From Brookview Dr/Woodbine Ave to Lake Rd Project Map Funding Areas Exhibit A Engineers Estimate-Exhibit B SP62-672-04CTB, SP62-672-04, Mn/DOT Hydraulics Letter-Exhibit C Location Map. Exhibit D THIS AGREEMENT is between the City of Maplewood, Minnesota ("City") or ("City of Maplewood") and Ramsey County, Minnesota ("County") or ("Ramsey County"). WITNESSETH: WHEREAS, Washington County and Ramsey County jointly have jurisdiction over Century Avenue (Washington C.S.A.H. 25 and Ramsey C.S.A.H. 72) in the Cities of Woodbury and Maplewood, respectively; and WHEREAS, Washington County and Ramsey County will jointly cause the reconstruction of Century Avenue from Brookview Drive/Woodbine Avenue to Lake Road and of Valley Creek Road (Washington C.S.A.H. 16) from Century Avenue to Weir Drive ("Project"); and WHEREAS, Washington County will enter into an agreement with the City of Woodbury for construction cost shares for the Project; and WHEREAS, Ramsey County and the City of Maplewood will enter into an agreement for the construction cost shares of the Project; and WHEREAS, Century Avenue between Brookview Drive/Woodbine Avenue and Lake Road is in the City of Maplewood in Ramsey County and the City of Woodbury in Washington County; and WHEREAS, Csroup A ofthis P~°o~ect has been designated as eligible for Federal Aid, Washington and Ramsey County State Aid Highway (CSAH) Turn Back, Washington and. Ramsey CSAH, Maplewood and Woodbury Municipal State Aid (MSA) and City of Woodbury Local Auge 5-23-08 draft 1 of 6 PW 2008-04 Agenda Item M7 Attachment 1 fiends, reimbursement as SPTX 6208 (141), S.P. 82-625®02 CTB, S.P. S.P. 62-672-04 CTB, S.P. 138-020-34, S.P. 192-020-17 and Woodbury Local Funds; and WHEREAS, Group B of this Project has been designated as eligible for Federal Aid, Washington and Ramsey CSAH, Maplewood and Woodbury MSA and Woodbury Local funds, reimbursement as SPTX 6208 (141), S.P. 82-625-02, S.P. S.P. 62-672-04, S.P. 138-020-34, S.P. 192-020-17 and Woodbury Local Funds; and WHEREAS, Group C of this Project has been designated as eligible for Washington CSAH Turnback, Washington CSAH, Woodbury MSA and Woodbury Local funds, reimbursement as S.P. 82-616-16 CTB, M.S.A. 192-020-18, Woodbury Local funds; and WHEREAS, an Environmental Assessment, Study Report, Right of Way plan (S.A.P. 62- 672-05 CTB (CSAH 72), S.A.P. 82-625-03 CTB, S.A.P. 192-020-15, and S.A.P. 82-616-20 CTB), and Construction Plan, SPTX 6208 (141), S.P. 82-625-02 CTB, S.P. S.P. 62-672-04 CTB, S.P. 192-020-17, S.P. 138-020-34, and Woodbury Local Funds; for the Project showing proposed reconstruction, alignment, profiles, grades and cross sections, impacts and costs for the improvements included in this Project indicate that it is feasible, practical, and technically proper to provide for the Century Avenue reconstruction and have been presented to the City of Maplewood; and WHEREAS, a preliminary estimate of Project costs has been prepared and attached to this agreement as Exhibit B "Engineers Estimate and Cost Participation"; and WHEREAS, the Project provides for the reconstruction of the existing Century Avenue between Brookview Drive/Woodbine Avenue and Lake Road and includes, in addition to other things, grading, paving, concrete curb and gutter, medians, storm sewers, storm ponding, concrete sidewalk, bihiminous trail and traffic control signals; and WHEREAS, the grading provisions require acquisition of certain right of way and temporary construction and slope easements prior to construction; NOW, THEREFORE, IT lS HEREBY MUTUALLY AGREED AS FGLLC}WS. 1. Ramsey County shall prepare tl~e necessary plans, specifications, estimates and proposals in accordance with funding requirements to take bids for this Project. Casts of project revisions after the completion of plans and specifications; will be paid for• by the party requesting the revisions, Revisions zx~ust be consistent with State Aid. requirements and are subject to Ramsey County approval. 2. Ramsey County wilt acquire necessary rights of way as detez~nined by the Project ~-~ ~; limits under a separate project, SAP 62-672-0~ CTB (CSAH 72), utilizing its CSAH T-~~--lback and CSAH f~.~nds for all reimbursable costs. In the event drat the City of Maplewood requests work not included in the original plans, the City of Maplewood will be responsible far costs for Auge 5-23-08 draft 2 of 6 PW 2008-04 Agenda Item M7 Attachment 1 any additional rights of way required. A11 required right of way and temporary easements will be in the name of Ramsey County. Parking and other regulations9 will be controlled by Ramsey County. Rights of way that cannot be negotiated will be acquired through eminent domain proceedings by Ramsey County, or eliminated through design revisions, as determined most appropriate by Ramsey County. All City of Maplewood owned rights of way and easements within the limits of the Project for roads, utilities and storm water are hereby granted to Ramsey County for project use during construction. 4. Ramsey County shall take bids, prepare an abstract of bids and cost participation surrunary and award a contract for construction. Prior to Ramsey County award of a contract, Ramsey County shall first receive concurrence from the City of Maplewood, City of Woodbury, and Washington County before award of the contract to the lowest responsible bidder. 5. Upon award of a construction contract, Ramsey County shall perform or contract the performance of construction inspection. 6. Ramsey County and City of Maplewood shall participate on the basis of construction costs and shares identified in accordance with Exhibit B, "Engineers Estimate and Cost Participation", attached and incorporated herein. Estimated costs will be adjusted to reflect the actual final cost of project elements, as constructed, when submitted to the City of Maplewood for final payment, including engineering fees. 7. The estimated construction cost of items is $14,749,574.59. The costs will be paid by a combination of Federal Aid Funds, Washington and Ramsey CSAH Turnback fiords, Washington and Ramsey CSAH fiords, Maplewood and Woodbury MSA funds, and City of Woodbury local funds. 8. Storm sewer construction costs attributable to the road right of way and facilities needed for the road drainage are estimated to be eligible for reimbursement from Federal Aid and CSAH Turnback, CSAH and MSA fitnds. Each agency shall pay for the storm sewer costs as determined by the MN/DOT hydraulics letter attached as Exhibit C. 9. Any utilities or facilities modified or added to those provisions presently made in the plans and specifications may be incorporated in the construction contract by supplemental agreement and shall be paid for as speeif"red in the supplemental agreement. Design and construction engineering fees shall be negotiated at the time of supplemental agreement preparation. 10, Ramsey County, Washington County, Maplewood and Woodbury will enter into a maintenance agreement (Ramsey County Agreement PW 2008-10) for the maintenance of roadway, storm sewer systems etc. on Century Avenue between I~rookview Drive/Woodbine Avenue and Lake Road 11. The City of Maplewood will pay to Ramsey County 25% of the cost of the Signal A and Controller at Upper Afton Road after, application of Federal Funds. Auge 5-23-08 draft 3 of 6 PW 2008-04 Agenda Item M7 Attachment 1 12. Maplewood will pay 25% ofthe cost the EVP System on Signal A (Century Avenlte and Lake Road}; the balance will be paid by Washington County and Woodbury. Maplewood will pay 50% of the cast the EVP Systems on Signals B (Century Avenue and Lower Afton Road/Valley Creek Road) and C (Century Avenue and Upper Afton Road); the balance will be paid by Washington County and Woodbury. 13. Signal Systems A, B, and C will be maintained in accordance with Agreements for Maintenance of Traffic Control Signals and EVP Systems. The Ramsey County agreement numbers for the Signal Systems are PW 2008-11, PW 2008-12, and PW 2008-13 respectively. 14. Maplewood is responsible for 37.5% of the cost of medians and new concrete curb and gutter in Group B, after application Federal Funds. 15. Maplewood is responsible for 100% of the cost of the sidewalk constructed in the City of Maplewood, after application of Federal Funds. Upon completion of the Project, Maplewood will own and maintain the sidewalk. 16. Maplewood shall pay Ramsey County a fee for engineering, Project design, and Project administration services. Said fee shall be 12% of item costs for which Maplewood is responsible, as determined at the time of contract award. 17. Maplewood shall pay Ramsey County an additional fee for construction engineering and administration. Said fee shall be 12% of item costs for which Maplewood is responsible, as determined upon completion of the Project and set forth in Exhibit B, Engineering Estimate and Cost Participation. 18. Within one year of the conclusion of the Project, Ramsey County, Washington County, the City of Maplewood, and the City of Woodbury will enter into a tree replacement project along the Project corridor. 19. Cost distributions identified above are as shown in Exhibit B, Engineering Estimate and Cost Participation. Actual Cost shall be based on the contractor's unit prices and the quantities conshucted. 20. All liquidated damages assessed against the contractor shall result in a credit shared by the Cities of Maplewood and Woodbury and the Counties of Washington and Ramsey in the same proportion as their responsibility for the cost of the element of the Project for which the liquidated damages were assessed. 21. Maplewood shall not recover any portion of its cost for the Project the°ough levy or special assessments on proi~erty owned by Ramsey County. 22. Throughout Project design and construction, Ramsey County shall prepare partial cost and payment estimates foz° preliminary engineering fees, constnuction costs, and constz~uction Auge 5-23-08 draft 4 of 6 PW 2008-04 Agenda Item M7 Attachment 1 engineering fees and, periodically bill the City of Maplewood for these costs and services. Payment shall be made within twenty-one calendar days of receipt of the invoice. 23. Maplewood shall pay to Ramsey County all additional t•emaining casts and fees for its share of the work upon notification by Ramsey County of the final amounts due. 24. All payments by the City of Maplewood shall be to the Treasurer of Ramsey County, Minnesota. 25. The City of Maplewood and Ramsey County shall indemnify, defend and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, inchiding attorney's fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents or employees, in the execution, performance, or failure to adequately perform the indemnifying party's obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by Ramsey County or t11e City of Maplewood of any statutory or common law immunities, limits, or exceptions on liability. 26. This Agreement shall remain in full force and effect until one year after Project completion. Project completion shall be defined as when the work was performed satisfactorily by the contractor, final payment has been made to the contractor, and administratively the project has been finalled with MnDOT office of State Aid. 27. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City Manager City of Maplewood 1 X30 County Road ~ East Maplewood, M~~ 55109 As to the County: Public Works tJzrector Ramsey County Public; Works Facility 1425 Paul I~irlcwald Drive Arden dills, 55112 Auge 5-23-08 draft 5 of 6 PW 2008-04 Agenda Item M7 Attachment 1 CITE' CF MAPLE~IOC~D, Tl-IE CO TY OF MSE~ M ESt`~TA By: Its By: Its Date: By: David Twa County Manager Date: Approved as to Form: Assistant County Attorney Risk Management Recommended for Approval: Kenneth Haider, P.E. Director and County Engineer Auge 5-23-08 draft 6 of 6 PW 2008-04 >s 3ctlisa3iw a0 ~3~bB _.382+80 s ~. 0i..„„0.~ s ~. 'o 0 ~~z~T to Z c c _ _ ~ ~~, a o ° m o ~ ~ v a a o c~ i~ <za~ Iit mumv, _ . ~ U 0- ~ y ~ s -- -- a0 ~ ~ w ~ c°~ ° a° m° m ~ a z 0 u a 'Oa NOLdtl a3c. ~ 6 U v p ~ ob ~ a o o a a o d~ b3 ~~~' ». o - ~ ~ 3 0 = 'a N o r a J - _ 0 3 _ ~ c~i c? n B r Q a o i ~ o ~ ~ a a1 0 a ° ~ ~ ~ ~ ~ s ¢ w U F n v i , U1 z ~ a ~ ~ i : ~ 0 x rv w ~ Q c n tt a ° U ~ ~ 7if OOQxrtlO i' Y ~ 6 U ~ ,.. o ~ vai p . ah ~ ~ Z ,, I > > h0 tin ~ 1y ~~' a ~ c =o ~ ~ °o °p _ ~~G~ ~o cPob i __~ ~ 3 3 3 3 / ~.l `2 i ~ ~ QQ ro a w N ~~ , _ _ ~ ~ v~Q' ~ V¢i 311+75 00- ~ . y- ~ ~~~~ 1 . ~~' _ ~ ~ ~ N3~~ in o o w ~a I -' . o x o J'~3>) w ~ °z °o °o ~' ~ °ati. oopxrava ~ J ~a_~ ax ~ b~ ~ 4 w w J ~ ~ ~,i a ~~ ~~ ~ ~ Q Q J 2 ~ f 4 Q '~ ~ w ~ Q } } ~ r Z ~ 0] } twi V K 0= 0: ~ > > N ~ F- / Z LL ~ _ ° v v °o °o °o ° 4 +a lonnoa ~ o c9 0! ¢ 3 3 3 w ~ F= ~~ o ~ ~ ~ ~ m Lwi K o z ~ r ~ m 3 3 1 ~ ~ ~ ~~ a n v < s :. a a p N } ~ OJ a 3Atl OOOtnNi I +j1 /// ~,.. / a ~ o ~ o v vi m m m 33000o ~~ 0 0 0 ~ ~ 3 3 3 3 '~, .~ i --~' ~~? ~ 4 ~ ~ / /; f // c~ > // ` nda~ltem M7 eta hment 1 E_ Pa 7S W 6Mp'sdnoa6-s}uauaaa~6y ao~ }no,(o-~\uoi}ona3suo~\s6uimoap\anuany /an}ua~-Lg~£-d\~ s~oafoad puo~:u6isaQ Agenda Item M7 Attachment 1 Y C LINTY SP 62-672-04 FEDERAL P T. Tyr BACK cs GROUP A $1,228,409.23 $2,715,122.96 $0.00 GROUP B $58,875.46 $1,184,262.70 TOTAL = $1,787,284.70 $2,715,122.96 $1,184,262.70 WASHINGTON CO TY SP 82-625-02 FEDERAL PART. TITI2NBACK CSAH GROUP A $1,298,421.08 $2,856,349.41 $13,520.24 GROUP B $377,952.94 $819,356.08 $1,676,374.02 $2,856,349.41 $832,876.32 CITY OF MAPLEWOOD SP 138-020-34 FEDERAL PART. TURNBACK MSAS GROUP A $75,033.49 $0.00 $165,847.84 GROUP B $8,972.99 $0.00 $54,814.10 TOTAL = $84,006.48 $0.00 $220,661.94 CITY OF WOODBURY SP 192-020-17 & LOCAL FUNDS FEDERAL PART. TURNBACK MSAS LOCAL GROUP A $35,291.78 $0.00 $78,006.69 $94,042.78 GROUP B $64,259.01 $0.00 $126,000.33 $127,084.59 TOTAL= $99,550.78 $0.00 $204,007.01 $221,127.37 WASHINGTON COUNTY SAP 82-616-16 FEDERAL PART. TURNBACK CSAH GROUP C $0.00 $2,330,920.85 $456,145.99 TOTAL= $0.00 $2,330,920.85 $456,145.99 CITY OF WOODBURY SAP 192-020-18 & LOCAL FUNDS FEDERAL PART. TURNBACK MSAS LOCAL GROUP C $0.00 $0.00 $69,889.00 $10,995.06 TOTAL= $0.00 $0.00 $69,889.00 $10,995.06 Agenda Item M7 Attachment 1 s ~ :, - ~ . -= ,_ - ~sr;clge ~iic. ~Jakdale. IV1i~l 55~12~-33t77 Late: `iarel~ ?i, ?Oi~ To: C~rc~~~ C'ou~lllin ltctro [?iti i~iolt Slate :'1ic1 I'.>>~~;ir,ecr r1'3~ i~~?.: Ilan Erici~,son E~'rom: Ivlilcc Leucr N~~t-- State ,=~.i~i Il~di'aulic St?cci~~l5t Subject: 51' b2-{>7?-0'1 {:138-!1"?O-i~) t`~ tit' ~'-G?~-;?? { I92-O''O-! ; i, (_'Cllilll'V '\:'c31t1~:' l~ ronl bale Ilo~id to E3roo,~ vi~~~ I~~ i~, c ;; '~\ oo,ll;i~;e ;~.i eni~~~. _~n~i S_;E' 82-(itCi-If (I'~?-U~t)-1~i, C'S.\_f3 1C~ {,\'~il1e,~ ~~~cE: I~i_i~~.c1) T~zolu ~~cI1t11LV Aveilu~ tc, 'tiv'eir Dri~. ~, Stone Se~~~er in ~,~lttplea~coud ~mcl ~,Voodbur~~ G\~'c ha~~~e coil~plcicd u~u' r~vic~~,- t>f tt~e storm sc~~~'er I~~attlr~ of t}~is }~laii .-i~~ct tii~cl ti~at i°~,cleral „i~i ~t;~ci Suite Aid tuncis ce~mhit~eel can bc~n' the Follo~~'i»~r l~c~letnt i yes ot'th~ ~I~;ihle stcir~n sctacr ;:i~sis l~rc~kzn down as 1b13o~~~~s: 't'~>t~il i+unding 1'~it~titl :`\3iI i'ilil(IS t.i>It? i I.(11.); itl~%:~ St~ttc \icl h~incls ;,.'!il + ! .(11); Zi.~'%, ~`\`e Ii<1V~ t11S{~ CC)117t)~CtCC~ OL[I 1.,'1~~,. .~i ,..-1.I' ~~~~-(>1~;-)J, ~~r~i~f' t.l~~h f,~.aii) ~11~~i ~ti.u l;<._ rl~.._ \1C1 tU11~1; Coln 1)C<1C ~~i)`iu a~ 111;_ CI7 11)lt ~t~?Liil ~~-.`;~.1 Imo'-tf__l1CS ~, s'~:ii. i ~ _ .),i _, ~ in ~. _ _.. _ _ .~.. _ _. ~ ._ ~~':~i.;~l OJt iy; it t~~~~ tt7 v: ti i~~~,~i-" _~-~~ _.. Agenda Item M7 Attachment 1 ~'Vt' all` iUi`.V~lr[~lll~~ ~l CO(~~~ Q1 L~115 i~~~?~~'1 Ci5 ~~_~'ll ~i~11C~~1_ i~Elll?~ ~_'Gli it 1 ~Ia~:;i'. 1..5011. ~~11:I~;~'ti. ~yVashin_~to?i C'c~rtn[y i n~;itaccr, t`I,u .k:'~l:_!, ti~laplc ; ~_~n~11)irect<~ru l'ui~L~ ~~r'c~~ t~~_ _lllu L>a~ it3 3 ss~t~;_ 1-Voor_lbnrv CityEli~~ineer, fir t~~cit-inf~-~r~~~~~tion. 1Cyc~u hay-e any c{ncstions rc r~u-~liT~~s Lhis ~at~~>>~wal c;r pr~~ratio~l, pl~~.ac ~jo i~r;f. h~sit~~i~;1n call. 1_~;: Diane Yle-C'ahc ! '~_tarl: C`I1an~~c, C'C=: ~rantirea Nend,:ic~k~=on (filcl Ken Hider Dou T}~ei~en t'huck f\l~I David 7cssl~p Agenda Item M7 Attachment 1 HUDSUN pL• w ~.~~~ ~ ~ F F- Y ~ N r > q N cn o vi y o ,~ SRO OKV I E W DR. / ~._..______. iY ~m v wx,l e ~-'~ p~ z MAYER LN. CY'~'E'~'t J j '~ ~'~ ~ ~ JAMESw DR. ¢ w ~ ~ ~ ~- J AV. J N ¢ w ¢ ~ '~ A U Z Z Q: 2 AV. ~; i~ r o ~ (Y w a r ,, ~ ~-- UPPER t`.ETON ROAD ! BER AaD ~- ~ ~\ ~CARDI N PL. ~ ~ ~. 68 ~~ - - ~ EDGE RODK AVE /p` -yN-~ W AVF~ T282 R22W ~C~Fj ~Lj 1 1 ®®~ U GE A ~ ll l2 ,'~-~ LE AV W ~ ~ / ~ z aN ~ ;D.Y i 39 ~-- ~ ~Ow F RgFO i r~Rp DIN LUND[N LN. \ ~ y Hf[K, 2q h P~ p ~ ~ Zi ~ LN. LN. N Q' v JF- P E r~ ~ ~ ti CIR. >- RD. ~ G' MAILAND KING $T. ~ ~ o ~ ra O o: a ti ~ w vi ~ T AKWUOD ~ TEAKW ODD DR. ~ ~~ z -J U 68 3 CT' ¢ OAKRI-GE DR CREST VIEW DR. M .p FF~ w a ~ ~ O 3 H[LL WDUD ~ `J Z J O: ~ 3 r a s ~ ~ i ~ ci w DR. ~o ~ = ~ ~ U 9. k ` ~ d~yOSpRINGStD OAKRIDGE CT. J E p 123 ~D~v 123 °o LINWOODR AVE. _ g. HUNTINGTLTN LN. ?.• EAS L AVE. LINW 10. MAIDMENT TERRACE r--- KPH ~ QpD~.CT. ST ~ ~ci 10. rATTERH RN -~~ O~ WILLIA ~ TIMBER ,~ ~,. ... SHS j ~~- RF 94 d 2 WOODDI~~ ~ ~9 Z FpD£~O Olj RIDGE ,PO 9 L~ c 54. vRpf AVE. ~ _ 1» ' SS. q = ~ W RT~ v 3~ ~~~ ~~ 1 1 ~ ~ ~ B~ lJ ~ 1 H 4 G 0 8 'O•pO~P 9~ Z SPRUCEWaO CT. Oy ~ ~ O LINDEN zd ~_ DAK~~~ x BIRCH \IODD ~ RD• i d o ~ ~ 3 ~ ~ A cF, a dv ~kt7DD DR. ~~. V ~ ~ WEIR DR. u ~ 25 A ~ o a PARKidppD Y 3 VA<<fY r~~_ CIR. r ~~ ~F ~O ~ qO ~r 494 EXI-II~IT Agenda Item M7 Attachment 2 JOINT-POWERS AGREEMENT City of Maplewood /City of Woodbury Watermain and Sanitary Sewer Utility Extension -Century Avenue THIS JOINT-POWERS AGREEMENT made and entered in this day of 2008, by and between the City of Maplewood, Ramsey County, Minnesota, and the City of Woodbury, Washington County, Minnesota. WHEREAS, the City of Maplewood and the City of Woodbury, pursuant to the provision of Minnesota Statutes Chapter 471.59, are authorized to enter into agreements to exercise jointly the governmental powers and functions each has individually; and, WHEREAS, The section of Century Avenue between Brookview Drive / Woodbine Avenue and Lake Road is jointly owned by the Ramsey and Washington Counties; and, WHEREAS, the extension of watermain and sanitary sewer from the City of Woodbury into the City of Maplewood is to occur as part of the overall improvements and paid by the City of Woodbury; and, WHEREAS, the City of Woodbury, by previous agreement, owns and operates the municipal water system and sanitary sewer system that will serve this project area from the utility extensions. The previous agreement also defines utility billing practices; and, WHEREAS, the City of Maplewood wishes to extend and utilize the City of Woodbury utilities to provide water and sanitary sewer service to properties located on the west side of Century Avenue; and, -1- Agenda Item M7 Attachment 2 NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows, to wit: 1. The City of Maplewood will reimburse the City of Woodbury for the actual costs associated with design, construction, and construction administration of the watermain and sanitary sewer utility extensions into the City of Maplewood from the City of Woodbury under Maplewood City Project 03-15 and Woodbury City Project 06-2006-O1. Said costs are currently estimated as follows: ^ Design = $3,528.83 (includes preliminary report and final design) ^ Construction = $32,666.45 (includes construction costs and share of mobilization as identified in Ramsey County's engineer's estimate plus 2% overhead for Ramsey County) ^ Construction administration = $3,607.20 2. If the utility extensions to Maplewood must be removed from the plan, the City of Maplewood will pay all costs associated with plan revisions. This potential cost is estimated at $350. 3. The City of Maplewood will, upon invoice from the City of Woodbury, reimburse the City of Woodbury within 30 days of receipt of the invoice. 4. When water and/or sanitary sewer utility connections are made, a permit will need to be obtained from the City of Woodbury. 5. In the instance that a property owner goes to the City of Maplewood to obtain permits for the connection to the water and/or sanitary sewer system, the City of Maplewood representatives shall notify the Woodbury engineering department and finance department. -2- Agenda Item M7 Attachment 2 6. Those Maplewood residents connecting into the water and/or sanitary sewer system shall pay the appropriate fees to the City of Woodbury to include connection fees and area charges, as well as pertinent Metropolitan Council fees. All fees shall be paid at the rate when the connection is made. 7. The City of Maplewood and the City of Woodbury agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses, including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to other parties as a result of the manner in which the City of Maplewood or the City of Woodbury perform or fail to perform duties imposed on each party by the terms of this agreement. 8. This agreement shall remain in full force and effect until terminated by mutual agreement of the City of Maplewood and the City of Woodbury or by an independent arbitrator in the event that there is not a neutral agreement. 9. It is agreed that, except as specifically provided hereby the execution of this agreement, neither party relinquishes any rights or powers possessed by it, neither party is relieved of any responsibility, duty or obligation imposed on it by law or regulation. 10. Data Practices: a. The City of Maplewood and the City of Woodbury agree to comply with the Minnesota Data Practices Act and all other state and federal laws relating to data privacy or confidentiality; -3- Agenda Item M7 Attachment 2 b. The City of Maplewood and the City of Woodbury will immediately report to each other any requests from third parties for information relating to this Agreement. c. The City of Maplewood and the City of Woodbury agree to promptly respond to each other's inquiries concerning data requests. 11. Arbitration of Disputes: Any controversy claim arising out of or relating to this Agreement or breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator maybe entered in any court having jurisdiction thereof. 12. Notices: Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either parry to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: City Manager City of Maplewood 1830 County Road B East Maplewood, MN 55109 City Administrator City of Woodbury 8301 Valley Creek Road Woodbury, MN 55125 -4- Agenda Item M7 Attachment 2 IN WITNESS WHEREOF, the parties have executed this Agreement on this day of , 2008 CITY OF MAPLEWOOD Mayor City Manager Approved as to form by Legal Counsel CITY OF WOODBURY Mayor City Administrator Approved to form by Legal Counsel Recommended for Approval Engineering and Public Worl~s Director -5- Q ~ ~ ~ ~~ ~~ _C o cV ~g a w~ ~~ ~ `` ~ N LLW ~z O z = = m ~ ~H ?~ O ~~ r ~ 00' Qrjn~ Q OU tn~ - U ~ ~ v 3 N~ m~ mQ lu~~ ono 0 <L ~ ® Q ~ wo ~O O 4.L CV U~ vi F~ N Z CJ ~~ pp~~ ~ N Z M S ~ e a e Q[t Q7(9 4 Z U p U pp®® tt ~ Z Q Z ~ ~ S 60 60 w W g 0_ 0. z ~ CP) P1j ~ ~ a m w >- 0 0 [~[~~. 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O G !- z 9. n U W HO Z W ~~ a~W 4t Aha UI - U O v~l? fn W p p w U Q ~ W K ss U U d FF F O ~N am Z3 _Z dU ~ O QD QjN \ON My .... j-~ Z WU ~ ~ ~p W~~ U rc fA pJ ~ z z~ O woad ~ o~ caiZF g~ I zrta W a .. U s o ~\ ~zJO~ ~= Qo~ 3f W~20 ~W J 42 I: ~~(/)U Q ~N QQU o i z I~ A W s Agenda Item M8 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Lark Prosperity Area Street Improvements, City Project 07-15, Resolution for Modification of the Existing Construction Contract, Change Order No.3 DATE: May 29, 2008 INTRODUCTION The city council should consider approving the attached resolution directing the modification of the existing construction contract. The majority of this change order is required due to an expanded work scope of Saint Paul Regional Water Services within the city contract. Project Background On August 27t", 2007, the council awarded T.A. Schifsky and Sons a construction contract for utility and roadway improvements in the amount of $2,494,240.24. Construction is underway and final completion is expected within the next two months. Additional improvements have been made such that a change to the original construction contract is needed to complete the project successfully. Change Order The total net Change Order No. 3 (as attached) is in the total amount of $58,874.99 and encompasses several work items described as follows: o Prosperity/County Road B Utility Work ($11,237.36): Unforeseen field and soils conditions as well as the need to complete all work associated with County Road B as quickly as possible and with one 2-day closure prompted this additional cost. The culvert configuration as well as the pipe material (reinforced concrete pipe was installed versus the high-density polyethylene pipe) were revised through the intersection to accommodate the soils and traffic conditions and to provide a sufficient structurally sound pipe for the existing bury depth. The contractor also mobilized a second utility crew in order to restore normal traffic flow to County Road B for emergency vehicle access. o Storm Sewer Repair due to damage by Xcel Energy ($1,399.37): Xcel energy installed a power pole that damaged a newly installed HDPE pipe as part of the drainage improvements. This cost will be recovered through aback-charge to Xcel Energy for the damage. o Potholing of Existing Sanitary Sewer Services ($5,057.80): Existing as-built and televising information was unclear as to the exact location and depths of existing sanitary sewer services along Sandhurst Avenue. This exploratory work was performed by the contractor to get exact information on sanitary sewer service crossings and risers prior to installation of a relatively deep storm sewer trunk line to be installed under Sandhurst Avenue. Because of the additional data, the storm sewer was redesigned to avoid conflicts and undermining of these services. Agenda Item M8 o Rapid Hydraulic Soil Stabilizer ($1,716.00): Due to colder than expected temperatures during the late fall of 2007, the contractor was unable to lay sod to stabilize the exposed boulevards prior to winter. As required by the project's Storm Water Pollution Prevention Plan, any exposed areas that are not going to be graded for a maximum of 21 days must be re- established with temporary or permanent vegetation. A hydraulic tackifier was utilized to stabilize the bare boulevard areas to prep it for grading in 2008. o Prosperity/Burke Watermain Offset and Additional Watermain Replacement ($29,637.30): After the construction contract was awarded, it was determined by Saint Paul Regional Water Services that the water main in Burke Avenue required replacement. Along with this work, it was determined that a 16-inch water main offset was required in Prosperity Avenue due to a proposed storm sewer crossing. The work included additional traffic control and an unforeseen 15-inch thick bituminous pavement section on Prosperity Avenue to be removed, trench excavation and backfill and bituminous patching. A portion of this amount relative to the replacement of the water main is the obligation of SPRWS. o Repair Irrigation Line at Harbor Point Lot ($580.00): The contractor was required to adjust some storm sewer structures prior to placement of wear course paving on the Harbor Point parking lot. While this work was being performed, the contractor damaged some irrigation lines. The contractor repaired the irrigation system and restored the system to an operational condition. This amount will be recovered through a billing to the developer. o Sanitary Sewer Service Repair - 1666 Lark Ave ($2,802.66): After the first lift of paving was placed on Lark Avenue, the resident contacted the City about problems with their sewer service. The sewer service was televised by the City's independent contractor and it was found that a repair was necessary. The work included the sewer repair and the patching of the base course paving. o White Bear Avenue Storm Sewer ($6,354.50): The original plans included the construction of a cul-de-sac on Burke Avenue at White Bear Avenue. After further coordination with adjacent property owners, the design was changed to eliminate this cul-de-sac. The elimination of this cul-de-sac required storm sewer revisions including the connection to an existing storm sewer structure located in White Bear Avenue. This storm sewer connection required a temporary lane closure on White Bear Avenue as well as repair of the concrete pavement in the immediate area surrounding the existing storm sewer structure. The invoice received for this work included the installation of a new storm sewer structure on White Bear Avenue, traffic control, and concrete pavement patching work. Contract Status The original Lark-Prosperity Improvements contract is in the amount of $2,494,240.24. The net change of prior Change Order Nos. 1 and 2 is a deduction of $15,952.00 to the original contract amount, making the revised contract to date in the amount of $2,478,288.24. The net Change Order No. 3 amount is $58,874.99 bringing the revised contract amount to: $2,478,288.24 + $58,874.99 = $2,537,163.23 Budget No budget adjustments are required at this time. Staff will bring a budget summary to council prior to closing the project. Staff will also come back to council for approval of final payment upon the construction contract obligation being met by the contractor. Agenda Item M8 RECOMMENDATION It is recommended that the city council approve the attached resolution for the Modification of Existing Construction Contract, Change Order No.3, for City Project 07-15. Attachments: 1. Resolution 2. Change Order No.3 3. Location Map Agenda Item M8 Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-15, CHANGE ORDER N0.3 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-15, Lark Prosperity Area Street Improvements, Change Order No.3, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 07-15, Change Order No. 3. 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.3 in the amount of $58,874.99 The revised contract amount is $2,537,263.23. Agenda Item M8 Attachment 2 Pale I oft CHANGE ORDER CITS' OF' 1l4APLEWOOD DEPARTMENT OI,+ PUBLIC WORDS PROJECT NAME: Lark/Prosperity Area Street Improvements PROJECT NO: City Project 07-15 CONTRACTOR: T.A. Schifsky & Sons, Inc. CHANGE ORDER NO.: Three (3) DATE: May 29, 2008 The following changes shall be made in the contract documents: ADD BID SCHEDULE CO#3 -CHANGE ORDER #3 Item Unit No. Item Description Unit Quantity Price Amount 1 County Road B - 2nd Crew LS 1 $11,327.36 $11,32736 2 Stoi-~n sewer repair - damage LS 1 $1,399.37 $1,399.37 by power company 3 Locate salutary services at LS 1 $5,057.80 $5,057.80 1676 and 1714 Sandhurst 4 Rapid stabilizer LS 1 $1,716.00 $1,716.00 5 Prosperity/Burke watennain LS 1 $29,637.30 $29,637.30 work 6 Repair lines in parking lot at LS 1 $580.00 $580.00 Harbor Point 7 Sanitary service repair at LS 1 $2,802.66 $2,802.66 1666 Lark Avenue 8 Replace catch baslll on LS 1 $6,354.50 $6,354.50 White Bear Avenue TOTAL CHANGE ORDER #3 $58,874.99 TOTAL NET CHANGE ORDER NO. 3 $58,874.99 CONTRACT STATUS: Orl~inal Contract: $2,494,240,24 Ne C° c of Pr1e~r C` s _ . ~~` 5,952.00 Ch< ~ _~Qis Chan~€, ~a - -- ;~~8,~'~ 9~ ,~ - Contract: ,d:. ,g Recomme~~ded By: iSimley-Ilorn and A - ' tes, Inc. By: Date: Agenda Item M8 Attachment 2 Page 2 of Agreed to By: T.A. Schifsky & Sons, Inc. By: Approved By: City of Maplewood By: Mayor By: Date: Date: Date: City Engineer Agenda Item M8 Attachment 2 11~letrcc~rccr~clarr~n To: Steve Kummer, P.E. From: Kimberly Benson, P.E. Date: May 30, 3008 Subject: Lark/Prosperity Street Improvements (C.P. 07-IS) CHANGE ORDER NO. 3 Change Order No. 3 reflects additional work performed by T.A. Schifsky and Sons, Inc. Company due to changes in field conditions and coordination with City staff and other agencies. Below is a detailed description of items included in Change Order No. 3. ADD RiD SCHEDULE CO#3 -CHANGE ORDER NO. 3 Prosperity/County Rd B Storm Sewer 1 LS $11,327.36 The contract was awarded with HDPE pipe material for the proposed stoi7n sewer system. Based on subsequent conversations with Ramsey County staff as well as a review of the actual field conditions, the contractor was unable to use HDPE pipe for the proposed culvert crossings at the intersection of Prosperity Road and County Road B due to the shallow burial depth. Reinforced concrete pipe was substihited at these culvert crossing locations. In addition, the plans indicated one 15" pipe culvert along the east side of Prosperity Road, however due actual veld conditions two 12" pipe culverts were installed to provide adequate burial depth. This work required a road closure of County Road B. Ramsey County staff requested that this work be performcd in conjunction with other utility war~k impacting County Road B so only one road closure would be requited. The contractor mobilized a second crew to complete all of the utility work impacting County Road B with a single two-day road closuz-e. The invoice received for this worm included the installation. of three reinforced concretc pipe culverts and mobilization for a second utility crew to complete the work. Agenda Item M8 Attachment 2 Memorandum bark/Prosperity Street Imp. Change C7rder t~to. 3 May 30, 2008 Storm Sewer Repair (Damage by Xcei} 1 I,S $1,399.37 Xcel Energy (Electric) damaged a section of new HDPE storm sewer during the relocation of a power pole. The HDPE line was not marked in the field prior to Xcel Energy commencing their work. The invoice received for this work included equipment, labor and materials necessary to repair the storm sewer. Locate Existing Sanitary Services 1 LS $5,057.80 Based on as-built information, it was unclear during the design process if the proposed storm sewer on Sandhurst Avenue would be in conflict with existing salutary sewer services. The contractor performed exploratory excavation to determine the actual locations and depths of these existing sanitary sewer services and the proposed storm sewer was redesigned based on this information. The invoice received for this work included equipment, labor and materials necessary to locate the existing salutary services. Rapid Stabilizer 1 LS $1,716.00 Due to the temperatures that were colder than expected during late fall of 2007 construction, the contractor was unable to use sod to stabilize the exposed dirt for the winter. In lieu of placing sod, the contractor sprayed a rapid stabilizer over the exposed dirt areas to stabilize those areas over the winter, as required by the NPDES pernut and SWPPP. Prosperity/Burke Watermain Offset 1 LS $29,637.30 After the contract was awarded, Ili coordination with SPRWS staff it was determined that the water main in Burke Avenue from Prosperity Road to Kemlard Street 1°equired replacement prior to the reconstruction of Burke Avenue. This work included the construction of a water main offset in Prosperity Road. This water main offset required the contractor to excavate the area while SPRWS staff performed the pipe work and then backfill and compact the utility trench. Due to the higher traffic volumes on Prosperity Road, traffic control, including a detour plan, was required during this road closure. In addition, the existing pavement section in Prosperity Road included IS" of bituminous pavement, which the contractor sawcut and removed prior to the utility t-encl~ excavation. The invoice received for this wank included traffic control, pavement removal, utility trench excavation and backfill, and bituminous patching. The City maybe able to request reimbursement for a portion of these costs from SPRWS. Agenda Item M8 Attachment 2 Memora~~idum Lark/Prosperity Street Imp. Change Order No. 3 May 30, 2,008 Repair Irrigation at I-Irbor Point Lot 1 LS $80.00 The contractor was required to adjust some storm sewer structures prior to performing wear course paving on the Harbor Point parking lot. While making these storm sewer structure adjustments, the contractor damaged nearby irrigation lines that were unmarked. The contractor repaired the irrigation lines to restore the system to an operational condition. Sanitary Service Repair - 1666 Lark 1 LS $2,802.66 This work inchtded the repair of an existing sanitary sewer service at 1666 Lark Avenue. The property owner contacted City staff indicating they were experiencing problems with their sanitary sewer service after the roadway was paved with base course bituminous. The service was televised and it was found that a repair was necessary. This work included the repair of the sanitary sewer service and the patching of the base course bituminous. White Bear Ave Storm Sewer LS $6,354.50 The original plans included the construction of a cul-de-sac on Burke Avenue at White Bear Avenue. After further coordination with adjacent property owners, the design was changed to eliminate this cul-de-sac. The elimination of this cul-de-sac required storm sewer revisions including the connection to an existing storm sewer strucuree located in White Bear Avenue. Tlus storm sewer connection required a temporary lane closure on White Bear Avenue as well as repair of the concrete pavement in the immediate area surrounding the existing storm sewer structure. The invoice received for this work included the installation of a new storm sewer structure on White Bear Avenue, traffic control, and concrete pavement patching work. '1,~'1'AL Ii~E`I' ~I-1Al~~E ~RZ7EI~ ~Cl®3 $58,874®99 If you have any questions regarding the details of this change order, please feel free to contact me at (651) 643-0415 or by e-mail at kim.b enson~kimiey~horn. com. Copye File 16050Q023/~.l ~_ , _~ ~ Agenda Item M8 _ ~rriedges Contracting Company, LLC Attachment2 Invoice 21980 Kenrick Ave. Invoice No. 27282-1 Lakeville, Minn. 55044 Date 10/17/2007 Phone 612-469-2121 Fax 612-469-2463 Project Name LARK-PROSPERITY AREA Submitted to: T A SCHIFSKY Friedges Con, Project No: 27282 Project Location: SAME Engineer: KIMLEY Work Authorized By: KIMLEY HORN Date Work Completed: 10/1/2007 Description= MOVE A SECOND CREW IN ON CORD B AND PROSPERITY TO INSTALL 2 CULVERTS--SO CO RD B WOULD BE OPEN IN ONE DAY--(COUNTY COMPLIANCE) PRICING FOR RCP -REQUIRED BY THE COUNTY Equipment and Unit Numbers Hours Rate Total MOB-LUMP SUM 1 $750.00 $750.00 $0.00 $0.00 $0.00 $0.00 $0.00 Labor Hours Rate Total $0.00 $0.00 • $0.00 $0.00 Materials Units Price Total 15" RCP 5-LF 80 $30.22 $2,417.60 12" RCP 5-LF . 104 $28.45 $2,958.80 15" RCP FES-EA° 2 $715.10 $1,430.20 12" RCP FES-EA - 4 $685.25 $2,741.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subs Units Price Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sub Total $10,297.60 $0.00 Total $10,297.60 Friedges Contracting Company, LLC ~ ~ 3a~ 3~D FRED GLANZ . Superintendent Payment for work per this agreement; Due within agreed time period. Friedges Contracting Com an LL a y, c Invoi da Item M8 ac me 2 21980 Kenrick Ave. Ce Lakeville, Minn. 55044 Invoice No. 27282_2 Phone 612-469-2121 Date 10/17/2007 Fax 612-469-2463 Project Name LARK-PROSPERITY AREA Submitted to: Friedges Con, Project No: 0 T A SCHIFSKY Project Location: SAME Engineer: KIMLEY Work Authorized By: CITY OF MAPLEWOOD Date Work Completed: 10/11/2007 Description REPAIR STORM PIPE THAT WAS DAMAGED BY THE POWER COMPANY ~qu~pment and Unit Nu mbers Hours BACKHOE-HR 1 S Rate Total LOADER-HR ' 1 5 $170.00 $255.00 . $68.00 $102.00 $0.00 $0.00 Labor $0.00 FOREMAN Hours Rate $0.00 Total OPERATOR-HOE 2 1 5 $85.00 $170.00 OPERATOR-LOADER . 1 S $80.00 $120.00 PIPELAYER ' 1 5 $79.00 $118.50• BOTTOMMAN . 2 5 $72.00 $108.00 LABOR 1 $71.00 $177.50 $70.00 $70.00 Materials " Units $0.00 12 HDPE-LF 3 Price Total 2 REPAIR BANDS-EA $7.05 $21 15 2 $65.00 . $130.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subs $0.00 Units Price $0.00 Tota I $0.00 $0.00 $0.00 $0.00 $0.00 Sub Total $0.00 $1,272.15 Friedges Contracting Company, LLC Total $0.00 $1,272.15 FRED GLANZ Superintendent (3C~ C~ . 3~ Payment for work per this a greement; Du e within a greed time period. i ,. ~ Agenda Item Friedges Contracting Company, LLC Attachment Invoice 21980 Kenrick Ave. Invoice No. 27282-4 Lakeville, Minn. 55044 Date 11/2/2007 Phone 612-469-2121 Fax 612-469-2463 Project Name LARK-PROSPERITY AREA Submitted to: T A SCHIFSKY Friedges Con, Project No: 27282 Project Location: SAME Engineer: KIMLEY Work Authorized By: KIMLEY Date Work Completed: 10/31/2007 Description LOCATE SAN SERV AT 1676 & 1714 SANDHURST FOR REDESIGN OF STORM SEWER. ADJUST EXISTING SANITARY MHS TO FIT NE W STREET GRADES. #398,399,401,378,400. Equipment and Unit Numbers Hours Rate Total BACKHOE 5 $170.00 $850.00 LOADER 3 $68.00 $204.00 CONCRETE SAW 2 $50.00 $100.00 $0.00 $0.00 $0.00 Labor Hours Rate Total FOREMAN 5.5 $85.00 $467.50 OPERATOR-HOE 5.5 $80.00 $440.00 OPERATOR-LOADER 5.5 $79.00 $434.50 PIPELAYER 5.5 $72.00 $396.00 BOTTOMMAN 6 $71.00 $426.00 LABOR 6 $70.00 $420.00 $0.00 Materials Units Price Total 48" MH SECTION-LF 4 $100.00 $400.00 48" MH SECTION-EA 1 $245.00 $245.00 TOPSLAB W/OFFSET HOLE-EA 1 $215.00 $215.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subs Units Price Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sub Total $4,598.00 $0.00 Total $4,598.00 Friedges Contracting Company, LLC FRED GLANZ ~~ 5o S~ Superintendent i Payment for work per this agreement; Due within agreed time period. Lino Lakes Landscaping, Inc. 18400 Lexington Avenue Wyoming, MN 55092 PH 651-464-6026 FX 651-464-6052 Voice: 651-4 64-602 6 FaX: 651-464-6052 Sold To: T.A. Schifsky and-Sons, .Inc. 2370 East Highway 36 No. St. Paul, MN 55109 Ship to• Lark/Prosperity Area Street Improvements Maplewood, MN AgendaIj~i`i(~1~e l~l~~i ~rber: 4281 Invoice Date: Dec 13, 2007 Page: 1 Customer ID Customer PO Payment Terms SCHIF07-57 Net 10 Days Sales Rep ID Shipping Method Ship Date Due Date 12/23/07 Quantity Item Description Unit Price Extension 714.00 318.00 OD . OPSOIL Square Yards Sod work done on 11-26, 11-27 and 11-28-07 ubic Yards Topsoil 1.99 -12.30 1,420.86 3,.911.40 4.00 ,~_ ~~ tabilizer housand Gallons Rapid Stabilizer ethod 3 applied 11-29-07 390.00 6 1,560.00 ____.-- Subtotal 6, 892.2 6 Total Invoice Amoutrt 6, 892.2 6 TOTAL 6, 892.26 T. A. Schifsky & Sons, Inc. 2370 Highway 36 E"ast North St. Paul, MN 55109 Phone (651) 777-1313 Fax (651) 777-7843 Agenda Item M8 Attachment 2 T. Work Order Request # / Date: Project Name: Lark /Prosperity Contractor: T.A.S Representing: American Irrigation The following changes were made to contract documents: Item #/Description Unit Quantity Unit Price Amount Repair lines in parking lot at Harbor Point Service call each 1 $75.00 $75.00 1.5 PVC each 2 $110.00 $110.00 Miscp each 1 $35.00 $35.00 Total $330.00 Re mob to finish manhole adjustment $250.00 Total Change Order $580.00 Approved by Date Inspector City Engineer Date Agenda Item M8 Attachment 2 T. A. Schifsky & Sons, Inc. 2370 Highway 36 East North St. Paul, MN 55109 Phone (651) 777-1313 Fax (651) 777-7843 __ __ _. ~~_ .A,., ~., ~ - Work Order Request # 5 Date: 5/12/2008 Project Name: Lark/Prosperity Contractor: T.A.S presenting: T.A.S, Larson Contracting, and Fried The following changes were made to contract documents: Item #/Description Unit Quantity Unit Price Amount Plan changes to Prosperity and Burke T&M Rates Track Backhoe 200 Hr $160.00 Track Backhoe 300 Hr $204.00 Track Backhoe 400 Hr $215.00 D5 Dozer Hr ~ $1~D Loader 950 Hr $160.00 Loader 926 Hr $150.00 Sheepsfoot Roller Hr $127.00 Smooth Drum Roller Hr $127.00 Dump Truck Tandun Hr $94.00 Dump Truck Tri Hr $102.00 Foreman w/Pickup Hr $105.00 Laborer Hr $77.00 Operator Hr $88.00 Total Lborer Approved by Inspector City Engineer i~ fi" I b ~. ~ 1 "t I ~~H 0 ~ ~~~~~~ 10 ~ ~~~' Date Date ^~^ Kimle -Hom Agenda Item M8 Y Atta hment 2 ~ antl Associates, Inc. sheetlVo. ~ of Jo6~~"1'1 ~~5p~~~Sub'ect ~~~ V111"1i1 w~ SIG Job No. Designed by K~ ~ Date ~ 27 b$ Checked by Date ~.~ C~ it i ~ i - -i_ , j i i i- ~ - -i ---i I---- - ~ --- i - I- ' --.- -- II '. vt EMT' ! I o H ~Z I l~ ~-c-l~I~f b C i ~ 'i ' 2~ sj, 6° /tl f~'= ~~~ 2'~ ~ °" '_ ' j ~. ; I ~~ H~ Ems: ! ~ ~ ~ I I ~ o I `~~ff~ --- ~ l~~-o -~"" - - - - ~ ~ - i ~ , ~ I I - I Ft ~~ @ X127 ~h';!z = `~'. X2-7, ---~ _ crv _ I! i I ~ ~ - ~ --- --- __ __ ' _ , ' i -- - ~ ~ - -. --~ ' ~ ~ ~. I - -- L(l~a lI ~ 4, 3;sd , ''_ ; ~? lit. f h YYI. C(~T' ' ~ ~~~ 7 2 ; - ' I I ~, i i I ': -- -- 9. 3(p I---- Agenda Item M8 Attachment 2 T. A. Schifsky & Sons, Inc. 2370 E Highway 36 No St Paul, MN 55109 651-777-1313 651-777-7$43 fax www.taschifsky.com Re: Lark/Prosperity Additional items for Change Order #3 Larson 604 sy 6"-15" removal @ 7.70 $ 4,650.80 TAS Sawcut blacktop 6"-15" 70 If @5.00 $ 350..00 Forman 2 hrs @ 105.00 $ 210.00 Loader 2 hrs @ 150.00 $ 300.00 Roller 1 hr @ 127.00 $ 127.00 Traffic control $ 3,594.14 Flaggers 8 hrs @ 77.00 $ 616.00 Paving 4 hrs @ 825.00 $ 3,300.00 Blacktop 133 ton @ 60.00 $ 7,980.00 White Bear add 1 CB at unit cost ~ I , X4-19 • ~4- Traffic control $750.00 + 10% $ 825.00 Concrete removal 156 sf @ 5.00 $ 780.00 Saw cut reinforced concrete 50 If @ 5.00 $ 250.00 10" reinforced concrete 156 sf @ 16.86 $ 2,630.16 B624 hand formed curb 15 If @ 30.00 $ 450.00 Friedges 1666 Sandhurst 1820.60 + 10% $ 2,002.66 Patch asphalt $ 8_000. 05-29-2006 02:59PM FRONT-T A SCHIFSKY & SONS .~ 0 ~ i 0 -~ __ ~~ •--- ;r. ~~ as -- L L:::.~ t:.~= .-:~~ ~J ~~ - T" C =,~ ~~ _ ~r -=~ _ s C 651 777 7643 T-109 P.002/006 F-179 ' ~ ~ ay 'y :l A ends I 8 ~ V '\, ~ V I ~. r~ r. ~ h ~~) I i I IU ~~~j I I I r ~' ~~ I, I ~ I ~• i al ~l`I~I~ ~ ~ I I '~,I ~ ~ ~ I I ~l cr I c~ ~ I I I I I ~~ o r ~ ~ ~ r li ;~~ ~~. ~ ., Z ~, ~ ~~ n~ ~~ I; rl ~; A~~ m~l ~~ ~ ~; ~ p Lt] 0. ~ ~ .-. ~ _~ ~ ~i I ~ I ~° al l ~ I I o° ~. I i ~o i a l I~ I I }b v D J c I W ~' ~ \\ I I'~ ~y I a ~~ 1 ~ I r V ~ ~ ~ ~' C .~ Q ~ I i ~ ti x I I~ ~ G7 o ~ ' I I w :. LI 5 r ~ ~ ~ I ~ X I ~ ¢ - - w rn U ~ -r-• - d I I ~ ~ _ ~ __ I ~ I I I ,~ z • ~ O ' ~ ~ .~ I I _ Z I I I ~ ~ m ~ ~ j o m~ E~=~ I ! I I ~ o a ~ ~ c (j ~ _ r ~ r ~ a .. v r I III I ~ o I ~ ~ _a ( ~ n - o S { ~ = lc; i i ~ f I I I I r Q w - c ~~ ~ n ~ °4 \ ~ I \~ I I 1 y' OV o ~ O O 1O I ~ y W 2 U a n I ~ ~ _ O, p U ~ J ~ ~ 4! m ~o ~ I ~ w U I y n~ ~ I I ~ -= l F. ~ U r1 ~~ ,~ I I ~ .~ r a ul ~ , ~ :~ N _ I y I (n ry ~ ~~~ rL G C I o v N ~ ~ 0 r' (t' iD I ~ ~ ~ -:.`- - L C a~ u~®O IU ml r I I I ~ _ ~._ 3 ~ {.t, U U ~n ~ u w m ~ o c°n v m ~ .° I a. m m o l? r ~ ~. - o 05-29-2006 02:59PM FROM-T A SCMIFSKY & SONS HIGHWAY TECHNOLOGIES 651 777 7843 T-109 P.003/006 F-179 Agenda Item M8 4700Lynda/eAve. Nor~+ttachment 2 Minneapolis, MN 55430 Office: 612521-4200 Fax: 612-521-0646 Traffic Contror Quotation Proposal Date 5/8109 Project Name Burke Ave S White Bear Ave Maplewood, MN Project # Extra Start Date Completion Up to 1 week Item Description uanti llni~ Bid Price Traffic Control LS $ 750.00 $ 750.00 Price includes setting a Right Lane Clsoure on 1Nhite BearAve 8 Closing Burke Ave per the layout dated May 8, 2008. ~ ~~~ Acceptance 'The price includes safes fax artd retainage as withheld by owner. 'Lump sum 7rdf&c Conhel price does not include flagge~s. police, light plants, concrete/waterbarriat, pavement marking removal, temporary lano marking, truck mounted attenuafor and bond. Questions please Call Reed Leid/e Direct (692J 277-4753 Ce/! (692) 685-3730 05-29-2006 02:59PlA FR01~-T A SCHIFSKY ~ SONS 1 I\lJ1 1 • L.171\rlyl l \/1..11711\I Ir 1 11 7.r • • .~• •^ CARSON CONTRACTING, INC. P_O. BOAC 9113 NORTH ST. PAUL, IVW 56109 Volce: ®5i-770-2338 Fax: s51-~a1a30 TA SCHIFSKY ANR SONS 2370 E HWY 3fi NSP, MN 55109 IJSA 651 777 7643 T-109 P.004/006 F-179 -- ~ Agenda Item M8 Attachment 2 ,~~~~~ Invoice Number: 1744 Invoice Date: May 28, 2008 Page: t EXTRA: REMOVE 604 S.Y_ OF 6' -15" '7, d p 1 4,200.00 THICK BLACKTOP ON PROSPERITY AND SIJRKE . .. _ _, _..._ Subtotal ' - °- -•--• -•---- •• -- -•- 4,200.00 Sale:+ Tax ~• _•~ royal rnvoice Arrq~mt _.._ ... - .._._ ._~ a,2oa.oo ChedclCredit Memo No. PaymerttDCred>t Appged w^ . - - _ ~ . x IOlo 05-29-2008 03:OOP~1 FRO~q-T A SCHIFSKY & SONS HIGHWAY TECHNOLOGIES 651 777 7843 T-109 P.005/006 F-179 Agenda Item M8 d7Q0lyndaleAve_Norttt Attachment 2 Minneapolis, MN 55430 Office: 692 521-4200 Fax: 612-521-0648 Traffic Control Quotation Proposal Date 5I2I08 Project Name Prosperity Rd / Burk® Ave Maplewood, MN project # F-xtra Start Date 5/12/2008 Completion 2 weeks Item Description Quanti Unit Price Bid Price Traffic Control LS $ 3,200.00 S 3,200.00 Price per layout approved May 5th. Price includes setting up closure & detour twice & equipment remaining on-site for approximately 2 weeks. ?~ ~ v~ Acceptance 'The price includes sales lax and refainage es withheld by owner. 'Lump sum Traffic Como! price does not inGuda fleggers, poi/ce, light plants, concrete /watarbarrier. pavement marking removal, remporarylana marking, truck mounfed attenuatorand bond. Questions please call Reed Leidle Direct (612) 277-4753 Cell (612) 685-3730 05-29-2006 03:OOP~1 FR01~-T A SCHIFSKY ~ SONS HIGHWAY TECHNOLOGIES Proposal Date 5119/08 Pro]ect Name On Prospertly at Burke Maplewood, MN Pro]ect# Extra Start Date 5/19108 Description Standard 48" Bump Signs Delivery /Pickup Acceptance 651 777 7643 T-109 P.006/006 F-179 Agenda Item M8 Attachment 2 4700 LyndaleAve. North Minneapolis, MN 55430 Off7Ce: 672-527-4200 Fax: 612-527-0646 Truk Control Quotation Completion Approx. /Week Quant' Untt Price 2 UD $ 2.20 2 EA $ 31.50 Bld Price $ 4.40 $ 63.00 ~ /O~ 'The puce Includes sales tax and ratainage as withheld by owner. `Lump sum Traft-re Contort price does not inGUde Daggers, po-ica, -ighf plants, condete /waterbarrier, pavemenf marking n;movel, temporary lane marking. truck mounted attenuabrand bond. Questions please call Reed Leidle Direct (612) 277-4753 Cell (612) 685-3730 Agenda Item M8 Attachment 3 ~ ~~ ~ GERVAIS VIEW AVE. CT. DR. c~r~ AVE. ~~~~ Knuckle Head Lake ~ ~~~-~ _ ~ ~ Q AVE. ~ o ~ ~; o ~ ~ ~~ z ~~ °~ LAURIE Q ~ ~ w ~ ~ Sherwoodz ~ ~ ~ W RST ~ ~ ~ N o Q ,_,_, z z ~ CO. RD. ~ B ~E. ~ ~ BURK AVE. Community ~E, 64 65 Center John Glenn O ~ ~~ ~ ~ G,q 7-EVV,q Y city Hall O ~ HARRIS AVE. W Q ROSEWOOD AVE. N. z ~~ RosEwoo~ RAMSEY C AV. ~~ AVE. S ~ NURSING H P OAP FAIR GRc ° l ~ P~ , NO SCALE ~arl~Prosperity, 071 5 Maplewood, Minnesota Proposed 2007 Construction Agenda Item M9 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Brookview Area Street Improvements, City Project 07-01, Resolution for Modification of the Existing Construction Contract, Change Order No.1 DATE: May 29, 2008 INTRODUCTION The city council should consider approving the attached resolution directing the modification of the existing construction contract for the improvements on City Project 07-01. Project Background On June 25t", 2007, the council awarded Palda and Sons, Inc. a construction contract for utility and roadway improvements in the amount of $1,865,081.57. Construction began last year and final completion is currently underway. The final bituminous lift will be placed this year in addition to the improvement of the westbound Hudson Place lane between the I-94 ramp and McKnight Road. Boulevard grading, topsoil and sod placement, and rainwater garden installation is slated to be completed by early July. The items for Change Order No.1 are briefly explained below while attached documentation provides a more extensive background and documentation. • Storm outlet modifications as per Ramsey-Washington Metro Watershed District. The outlet pipe to Battle Creek was further extended closer to the bank of stream as required by RWMWD: $17,542.38 • Removal of unused water services as requested by Saint Paul Regional Water Services. This work will be billed back to SPRWS and consisted of the contractor excavating water utility holes so the water services could be cut off and capped at the water main: $6,000. • Stabilization of soils for winter season to prevent erosion and sediment control problems. A soil stabilizer was sprayed onto exposed soils as per Method 3 in the Mn/DOT specification: $1,353. • Notify public of road closure and protect residents from cut through traffic during construction. This consisted of additional signage and traffic control during the project: $246.85. Change Order No.1 will increase the contract amount by $25,142.23 to $1,890,223.80. Budget No budget adjustments are requested at this time and are expected to fall within project contingencies. Staff will come back to council for approval of final payment upon the construction contract obligation being met by the contractor and staff will provide a budget summary to council if adjustments are needed. RECOMMENDATION It is recommended that the city council approve the attached resolution for the Modification of Existing Construction Contract, Change Order No.1, for City Project 07-01. Attachments: 1. Resolution 2. Change Order No.1 3. Change Order No. 1 Documentation Agenda Item M9 Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-01, CHANGE ORDER N0.1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-01, Brookview Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 07-01, 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 in the amount of $25,142.23 The revised contract amount is $1,890,223.80 Agenda Item M9 Attachment 2 ~'` ~ .City of Maplewood, Minnesota May 20, 2008 OWNER DATE 07-01 1 OWNER'S PROJECT NO. Brookview Area Street Improvements PROJECT DESCRIPTION The following changes shall be made to the contract documents: Description: 1. Storm Outlet Modifications. 2. Existing Unused Water Service Cut Offs. 3. Rapid Soil Stabilization. 4. Additional Signing CHANGE ORDER NO. AMAPLE0708.00 SEH FILE NO. Purpose of Change Order.' 1 Storm outlet modifications as per Ramsey County Watershed District. 2 Remove unused water services per direction of St. Paul Water. 3 To stabilize disturbed areas for winter. 4 To notify public of road closure, and protect residents from cut though traffic. Basis of Cost: ®Actual ^ Estimated Attachments (list supporting documents) 1 Request and Invoice from Palda and Sons Inc. dated 08-06-07 ($17,542.38) 2 Cost Summery fi-om Palda and Sons. Inc. ($6,000) 3 Request letter from Palda and Sons Inc. and corresponding invoice ($1,353.00) 4 Fax Transmittal from Palda and Sons Inc. dated 3/12/08 and corresponding invoice ($246.85) Contract Status Original Contract Net Change Prior C.O.'s to Tirne Cost $].,865,081.57 N/A Revise completion Change this C.O. date to July 15, 2008 Devised Contract 3uly 15, "'~08 Recommended for~6pproval: ftort ~tlioft i-0on -~'c $ "ryto. by ~- Steven t. Ht~n, PL ,4greed ~ ont~ttar ~ ! ®1 ._ ~4pproved for Owner.' $25,142.23 $1,890,223.80 EY City of Mapfewoad, Minnesota TrTL TITLE DisPrfbc¢E(on Contractor 2 Owner P Project Representative 1 SEH Offree 1 slAolm\ma61eA670800Adi~ige order]-doc L/U4 Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEN is an equal opportunity employer ~ www.sehinc.com ~ 651,490.2000 ~ 800.325.2055 ~ 651.490.2150 fax Agenda Item M9 Attachment 3 May 30, 2008 Mr. Mrch~aa Thompson, PE City of Maplewood 1830 E County Rd B Maplewood, MN 55109-2702 Dear Michael Thompson: RE: Maplewood, Minnesota T.H. 61 Area Improvements S.A.P. No. 138-148-01 (Brookview Dr.} S.A.P. No. 138-149-01 (Sterling St.) City Project No. 07-01 SEH No. A-MAPLE0708.00 Submitted. for your review is Change Order No. 1 foi° the Brookview Area Street Improvements project. An explanation of the needs and associated costs for this change order is as follows. Item 1: Storm Outlet Modifications. Last minute requirements by the Ramsey Coul~ity Watershed District to lower the outlet ii~wert to normal water level of Battle Creek or slightly above prompted modifications to the storm sewer outlet design. The structures with in the system required approximately an additional 18-vertical feet of build. The new design also included mechanically tying the pipe joints as wolf as to the manholes from strictures 121- 120, and an additional 8 48-inch energy dissipators. Additional erosion control blanket was also required. Palda & Sons Inc. submitted a request for additional payment as follows, for a total cost of $17,542.38. TIE BOLTS 27 JT @ $60.96 per JT 1,645.92 CONST MH, TYPE 72" DIA. 3 EA @ $803.00 PER EA 2,409.00 CONST MH, TYPE 84" DIA. 3 EA @ $1,832 PER EA 5,496.00 48" ENERGY DISSIPATOR RING 8 EA @ $651 PER EAS, 5,208.00 WOOD FIBER BLANKET TYPE REGULAR 2017 SY @ $1.38 PER SY 2 783.46 TOTAL $17,542.38 Its ; Esllxtg H___ ~ ,_ ~'-~r~is~~ Cnt (~ff`s 5t. Paul Mater reques~ a ~.~sc cup o~ r` of h unused water services. Palda ~ Sons Irzc. requests and a~'Iditional payment for labor and e ~~il,sn..nt used as follows, for a total cost of $6,000.00 ~NATER SERVICE CUT OFF 6 EA @ $1,000 PER EA $6,000.00 8 3; b ,~~. .w f.. g. .. gyration ~l . , < "d ~,~ the proj~ ~ ° ~ ~ ~ ~ i of heavy .. i. r. I[a vid i r E ~ _} e-_ ~ aaa ap~`tn~,, _ v ~ ~ L?n'- z-estored arc_ts w_re stabil i ~~-sing i--~~i_ soil si~bili~_-_~on. The totr_~l c- for sail st~'r"i~ -- on is $1,353.00. ~~. I~tli~bc ' '~' ~~son, I~~ may 30, 2C;~ F~agc 2 Zt~ 4:~ddi~inn~1 ~t~t~fl~~a Agenda Item M9 Attachment 3 To facilitate installation of Large storm structure ~raokview Drive needed to be dosed to through traffic for approxil~nately 4 days. To protect residents living within the construction area from cut through traffic as well as inform the traveling public, two signs were ordered to clarify the road closure. One sign directed traffic from Century to Use Mcknigl~lt, another sign informed motorist that there was no access to Century from McKr~7ight. The total cyst for the additional signs is $246.85. The total cost of the above described changes is $25,142.23. Please do not hesitate to contact me with any questions or comments, Thank you. Sincerely, ~~ ~ Steven F. I-Ieth, PE Project Manager rs Enclosure: c: Ryan Sirek, SEH s:AkuAm\mapleA070800Acxplunation co I .duc 4~1061~OQ7 7fr : ~3 IFfi~X FaxCasehir~c. cam 9 . ~i. t~a4a ~se7-1SS4 ~!. J. ald~ prasiuent and T~e3aaurer day ~. Pa€da Sand tl5ecro~arydonl O$-06`U Short Elliott Mendri~ksan, Inc. X535 Vadnsis tenter drive St. Paui, MN 55`l10 Attn: Steve Huth, pE Project Manager RE: Pslda Project #07-07 Brpokview Area Maplewood, MN sear Mr. Heth: -~ ~ekrkrie 69cJ~mas [ QU21'00~ ~ti~, ~i~~1~ t~. Agenda Item M9 Attachment 3 1462 Cta fit. ~~sat, o~ 1v-~03~ (651) 6d~~-~5~}~ F~~ ~651~ 659 due to the changes in the ravine pipe and structures an the above referenced project, Palda and Song, Inc. prpposes the following additions! bid items ss well as revised pricing for the ~Xistir~g bid Items; 4$" ©issipster Rings $ 65~ .OQ ea 72" Manhole $~,9~9.00 ea y t 5G- Faa~~ 8A" Manhole $$,~8b.0{~ ea 47~ '~ F-~~°~'- Yie Bolts $ 6Q.96 ea After you have had a chance to review this submittal, feel free tc~ contact me should there be any s~estionsa tf ail is ire order@ piece otifY me its writing of your acceptance, fan you. ectfu6ly Submitted, H - ~Rnd So~~® It~c. 1 .. ~e resicier~t T~TTS G4MPAI`IY XS E1N EQ~JAL ~tPPt)T~TUNITX EM1'L,OYER-MIE Agenda Item M9 12c ~othave. Attachment 3 ~ Roberts, ~i 54023 Phane: 80C}-426-1126 a !, . i ; ly "° ~ .. s=ax: 715-74s-3s6o SALEC ~i~7 r~ACT Subject to Attached Terrrts Canditi~ns Projeot: Brookview Area ®SAP 138-148®01 Engineer: S E H Location: Maplewood Quotation By: Jim Trudeau 612-685-0770 Date: 2-Aug-07 Contraot #: R-155-07 (258-07) Contractor: Palda & Sons Inc. Contact: Tony Deutsch Address: 1462 Dayton Avenue Phone: 651-644-1604 City, State, Zip: St. Paial, MN 55104 Fax: 651-644-5599 Applicable ASTM Standards ___~__~ C7_fi.-_Re.info.r_ced_Concrete_Pipe C478 -Reinforced Concrete Manholes C507 -Reinforced Concrete Elliptical Pipe Quanti Size Description Unit Price Unit Storm Sewer 265 48" RCP Class 3 3006 $144.00 LF $38,160.00 8 48" RC Dissipator Ring $830.00 EA $6,640.00 3 54" RC Dissipator Ring $1,035.00 EA $3,105.00 3/4" Adjustable Tie Bolts $56.00 JT Unless noted, customer is responsible for all coatings. A minimum drop charge may apply on less than full truckload quantities. A 15% restocking charge will be added to all returned items. Freight: FOB Jobsite; truck near as possible to jobsite under own power. Subject to all applicable taxes. Prices valid for 30 days from bid date. Contracto This praposai when signed by Selter and buyer constitutes a binding contract and is made for acceptance within thirty {30} days frarn date hereof uniess used far bidding purposes, in which case it is for acceptance within thirty {30} days of the awarding of the contract. P1a ether contrast wi6i be signed uniess this safes contract and its to sand canditians are made a part thereof. ®_ County Materiais Corporation Chris Sandstrurn, Pipe Sates Rep. Print Name & Title: Authorized Rep. Far County Materials Corp ttyer: Pri Nar . , . prize d Rep. For Ayer e Date rraent T°errr~s: Totai due by 3E}th day of the monti~ faiiawing date F~ercentage Rate} finance charge wilE be appiied. , :E ~r ) c it or 30 days, 1 1 ` i r [i " r beiiv~ sC- Signature by Buyer acknowiedges acceptance of the terms and conditions attached. 1 of 1 c7 wJILSCN JONES c~?oc sP.~~=_rs 1 2 3 4 5 6 7 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 --- --- - en~I~e~rt AA9 == ', ---- - ~ ,Ac ~~, Agenda Item M9 Attachment 3 To =~rsirek@sehinc.com> cc bcc Subject ~W: Brookview Cutoffs Michael Thompson, P.E. Civil Engineer II City of Maplewood 1902 County Rd B East Maplewood, MN 55109 (651) 249-2403 (651) 249-2409 FAX michael.thompson @ci.maplewood.mn.us From: Richelle Nicosia [mailto:Richelle.Nicosia@ci.stpaul.mn.us] Sent: Wednesday, August 15, 2007 8:23 AM To: Michael Thompson; jpalda@visi.com Cc: Dolly Ludden Subject: Brookview CutofFs Jay & Michael, The following addresses are services that we would like to cutoff: 2588 Brookview Dr. - 1" CP 2653 Brookview Dr. - 1" CP -This lot looks like it is buildable, is there a utility easement here with the storm sewer running through the lot? 2689 Brookview Dr. - 1'° CP 2697 Brookview Dr. - 1 t/2" CP this is the ear dealerships old service, 2703 Brookview Dr. - 1" CP 2709 Brookview Dr. - 1°' CP Michael, could you review these and let me know if you agree. Thank you. Richelle n, ~~ ~ ~ a ~. Fi, ~alda 8947-1994 . J. alda President and Treasurer Jay C. Palda Senior Vice President and Secretary 12-20-07 Short Elliott Hendrickson, Inc. 3535 Vadnais Center Drive St. Paul, MN 55110 Attn: Steve Heth, PE Project Manager RE: Palda Project #07-07 Brookview Area Maplewood, MN Buried Rubble in Noise Wall Area Dear Mr. Heth: Enclosed please find an invoice from Lino Lakes Landscaping, Inc. for additional work performed on the above referenced project. Rapid Stabilization $1,230.00 Prime Contractors 10% 123.00 Total $1,353.00 After you have had a chance to review this submittal, feel free to contact our office should there be any questions. If you are in agreement with this submittal, please process for the upcoming payment application. Thank you. Re: p =ctfuliy Submitted, Le" ~..~d Sons, Inc. THIS COMPANY IS AN EQUAL OPPORTUNITY EMPLOYER-M/F Dec 06 C~7 11:1 C~a Sold To: Palda ~ Sons, Tnc. 1462 Dayton Avenue St. Paul, MN 551C4 _Customer ID - _. -- PALDA07-31 - ~ " Sales Rep ID ... _.-- Quantity --.-..__....-3.OC tabilize, Sh`t~ ta: rookviefr Drive and remaininc Boulevards not sodded Maplewood, tQN Sh Net 10 Days Method Ship Date ______Due Date- i2i161o7 Descnpt~on Unit Price Extension housand Gallons Rapid ~ 410.00; 1,230. ~~ta~ili~atior. Method 3 sprayed NoJember 20, 2C07 fcr the winter season ~`otai I Item Customer PO ._.. __.__..~._ _.._._.. _ _.... -----Payment Tuns - - 1®2:s0, 00 1, 2:~(}. Coo °~ 1,230.00 V•~! t~f GVtrp irn !Cr LP."ifs F`cS Y: [., 'a Ctl 1. (I l;. GUIIi ~~ ~~~ ~~~. 1 ~, 200 ~; 21r~~~ ~ALDA Rf~D ~C~~~!S I~UC °° U~~lC}lE? t~CJdOlf~ S !t%] (7C~ 1/~U~3 Agenda Item M9 Attachment 3 Date. 3112/2aa8 FI`4?Clt: SNERI JC? t3t7YUM SubjectlPrajeot Palda E~rQject #Q7-07 Brookview Area., Maplewcnd, MN Please Deliver This informatian ASAP To The Fallowing: i~~111P~: Short i=lliott Nendirck~on, lne. Attn: Steve Neth Phone ~. ~5~-494-200 Fax #: s~1-aga-21aa number of Pages InCiuding ~c~v$r sheet: Additic~nai lnformatian: Steve Sheri 2,{20~~ tit: ~~ IFP~~4 F ~xC~~~hir~c. core ~P~~R. 12.20Q~ 7,21~~~ ~ALDA W~~D S~~1S 1~C °~ O~~bi~ ~dc~l~ot~~ i~~, X966 t~0il~?06 P. J Agenda Item M9 Attachment 3 ~, ,~.. ~~~~_ ,., ,;. ; . _<~r_ , Sa1d Toy Invoice Number: 0`72644 Pa 1~ia .& Sans ® Inc . 1462 Dayto~i 'Ave '----'. .. Invoice pate: Oct 31, 2007 St. ~'sul, MN 55104~fi3a8 Custarttez ?F Project ~'ayment Perms ~ Tax Pa~~ Palda X07-07 EXxRA Spec Net 30 Days ~ InG1 (is" app~,ic) 1 Days*Units ~ Item F'or Traffic Control S~rviees Unit Price Extension EXTRFI tequeste~ by Mike 10/23; ~ - ~.2.13 ColYStruGtl4n S~.gTl Spe4ia1.s 1~.13Sf 13.54 224.91 1 3015 CTSe MaKn~gk~~ 3.13sf J. 3636 No Access to Century ysf ~;'$ open JOE ~S h1pT COMPLETE ~ ^ " ° - extra F1,F.13SE SUBMIT QI7ANTITY TO OWNER FOR PAYMENT. Thank Yau a ~ Q~'~af ~C~ Agenda Item M10 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: T.H. 61 Area Improvements, City Projects 03-07, 04-06, and 04-25 a. Approval of Change Order #2. b. Project Acceptance and Approval of Final Payment. DATE: May 29, 2008 INTRODUCTION Changes to construction contracts require council approval. A resolution directing the modification of the existing construction contract on the TH 61 Area Improvement project is recommended. Background On July 25, 2005, the council awarded the construction contract for roadway construction for a combined project of the TH 61 Improvements, the County Road D Court Improvements and the TH 61 East Frontage Road Improvements to Shafer Contracting, Inc. in the amount of $1,655,169.43. The council has approved one previous change order in the amount of $44,907.30. A full description of each item within Change Order No.2 can be found in the attachment along with documentation paperwork. Below is a brief summary of the change order items: • Installation of 100 LF of chain link fence at Hillcrest Animal Hospital: $4,251 • Catch basin modification: $878.20. • Sanitary sewer service repair at Hillcrest Animal Hospital: $647.58 • Adjust installation of 12-inch ductile iron pipe 45 degree bend: $707.15 • Asphalt price increase due to private utility holder delays: $13,800 Total increase to construction contract from change order number two is $20,283.93. Budget Impact This is the final change to the construction contract and no further work is expected, therefore final payment to the contractor should be made upon approval of change order number two. The retainage should be reduced and contractor paid in full signifying project acceptance. Prior to closing the project, staff will present a financial summary to the council if budget adjustments are needed. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order No. 2, and approve final payment to the contractor signifying project acceptance for the TH 61 and County Road D Court Improvements, City Project 03-07. Attachments: 1. Resolution 2. Change Order No. 2 3. Change Order No. 2 Documentations 4. Location Map Agenda Item M10 Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03-07, CHANGE ORDER N0.2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-07, TH 61 and County Road D Court Improvements as part of a combined project, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-07, Change Order No. 2, as an increase to said contract by an amount of $20,283.93, such that the new contract amount is now and hereby established as $1,720,360.66. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No.2 as a contract increase in the amount of $20,283.93. The revised contract amount is $1,720,360.66. 2. The retainage shall be fully reduced and final payment shall be made to the contractor signifying acceptance of the project improvements. Agenda Item M10 Attachment 2 i -, - ~®® -- a - January 10, 2008 DATE 2 CHANGE ORDER NO. A-MAPLE0402.01 SEH FILE NO. The following changes shall be made to the contract documents: Description: 1. Install 1001.f. of chain link fence at pet hospital. 2. Catch basin modification. 3. Repair of sanitary service for the Hillcrest Animal Hospital. 4. Adjusted the installstalation of a 12" DIP 45 degree bend in watermain on County Road D Court. 5. Price increase for asphalt placed after June 30, 2006. Purpose of Change Order: 1. Public safety. 2. Raised the invert of the catch basin due to conflict with electrical duct bank. 3. Service was not located where it was shown on record plans. 4. Conflict with existing sanitary sewer line. 5. Additional costs were associated with liquid asphalt increases after June 30, 2006. These costs were incurred due the project being delayed. Basis of Cost: ®Actual ^ Estimated Attachments (list supporting documents) 1. Invoice from Shafer Contracting. ($4251.50) 2. Actual required time based on field notes and measurements. ($878.20) 3. Actual time equipment and supplies recorded to make repair. ($647.58) 4. Actual materials and man power recorded to make adjustment. ($707.15) 5. Actual amount of additonal cost for asphalt placed after June 30, 2006 ($13,800.00) ~4gree ~ tr ;'; ° -e ontr ,tor° ~v 4 ~~ r~ Inc. approved for Owner: BY Crty of Maplewood TITLE TITLE Dfstributfor~ Contractor 2 Owner 9 Project Representative i SEH Office 1 s:\ko\m\~napte\040201 \word\co2hwyb l.doc I/04 Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer ~ www.sehinc.com ~ 651.490.2000 ~ 800.325.2055 ~ 651.490.2150 fax Agenda Item M10 Attachment 2 ~° e ~1 January 10, 2008 DATE 2 CHANGE ORDER NO. A-MAPZEO4o2.o1 SEH FILE NO. The following changes shall be made to the contract documents: Description: 1. Install 1001.f. of chain link fence at pet hospital. 2. Catch basin modification. 3. Repair of sanitary service for the Hillcrest Animal Hospital. 4. Adjusted the installstalation of a 12" DIP 45 degree bend in watermain on County Road D Court. 5. Price increase for asphalt placed after June 30, 2006. Purpose of Change Order: 1. Public safety. 2. Raised the invert of the catch basin due to conflict with electrical duct bank. 3. Service was not located where it was shown on record plans. 4. Conflict with existing sanitary sewer line. 5. Additional costs were associated with liquid asphalt increases after June 30, 2006. These costs were incurred due the project being delayed. Basis of Cost.• ®Actual ^ Estimated Attachments (list supporting documents) 1. Invoice from Shafer Contracting. ($4251.50) 2. Actual required time based on field notes and measurements. ($878.20) 3. Actual time equipment and supplies recorded to make repair. ($647.58) 4. Actual materials and man power recorded to make adjustment. ($707.15) 5. Actual amount of additonal cost for asphalt placed after June 30, 2006 ($13,800.00) Contract Status Original Contract Time Net Change Prior C.O.'s 1 to 9 Change this C.O, t ~, 3ntract Pecommended forAppraval: l~cr~ Elliott l°lendrlcson lnc® by 9 Agree °d `,7 t>~ ~ontrac 8Y c.= r , TITLE t7istrffaufioet Contractor 2 Owner 9 s:\ko\m\maple\040201 \word\co2hwy61. doc Approved for Owner: EY Crty of ~Ltapteuvood TITLE Project Representative 9 SEH Office 7 Cost 1/04 Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer ~ www.sehinc.com ~ 651.490.2000 ~ 800.325.2055 ( 651.490.2150 fax Agenda Item M10 Attachment 3 March 13, 2008 Mr. R. Charles Ahl, PE City of Maplewood 1830 E County Rd B Maplewood, MN 55109-2702 Dear Mr. Ahl: RE: Maplewood, Minnesota T.H. 61 Area Improvements S.A.P. No. 6222-150 (TH 61=001) City Project Nos. 03-07, 04-06, 04-25 SEH No. A-MAPLE0402.01 Submitted for your review is Change Order No. 2 and Contract Summary for the TH 61 Area Improvements project. An explanation of the needs and associated costs for this change order is as follows. Item: Installation 1001.f. of Chain Link Fence at Hillcrest Animal Hospital The fence needed to be installed for safety reasons above the new retaining wall on County Road D Court at the Hillcrest Animal Hospital property. l00 Lf. of chain link fence was installed at a total cost of $4,251.50. Item: Catch Basin Modification Structure number 306 needed to be modified because of a conflict with a concrete electric duct. The structure was field modified to fit the existing conditions. The total. value of man hours is $878.20. Item: Repair Sanitary Service at Hillcrest Animal Hospital Shafer Contracting repaired the sanitary service for the Hillcrest Animal Hospital after hitting it while installing water main. The service was not marked in the right location. The total cost for man power and materials is $647.58 Item: Ad,~nsting the Installation of a 12~inch DIP 45 Degree Bend Shafer adjusted the new water main to clear the existing sanitary sewer main at Station 9+10. The existin~~ sanitary sewer was at the same elevation as the new water main. The total cost of materials and man power is $707.15. ;Vadr7ais Center L7rive, St. Paul, MN SS I ICJ-5It36 SEFi is ~ n y err, E ( a ~ 65I.44f~.260Q ~ 8v0.325.205~ I 65i.49E7.'~~I50 fax Mr. . Charles Ahl, PE March l3, 200$ Page 2 Contrast Summery Original Contract Amount Change Order No. 1 Change Order No. 2 Revised Contract Amount Subtotal of unit pay items Change Order No. 1 Change Order No. 2 Total earned to date Difference between Revised Contact Amount and Total Earned Agenda Item M10 Attachment 3 $1,655,169.43 44,907.30 20,283.93 $1,720,360.66 $1,672,324.52 44,907.30 20,283.93 $1,737,515.75 $17,155.09 Total earned to date based on final measured quantities. An explanation of over and under runs is attached. Please do not hesitate to contact me with any questions or comments. Thank you. Sincerely, zps_ 6 Steven F. Heth, PE Project Manager ah Enclosure: c: Tom Henry, SEH s:Vco~m\mapleA040201AwordAexplanacion cot 03 13 OS.doc Agenda Item M10 Attachment 3 °- _ o ~ , SFiO~ER, te/ftPJNESOTr~ 55074 October 15, 2007 Mr. Steve Heth SEH, Inc. 3535 Vadnais Center Drive St. Paul, Minnesota 55110 Re: City of Maplewood Project Nos. 03-07, 04-06, 04-25 T.H. 61 Area Improvements Dear Steve: I have attached a letter from Tower Asphalt regarding additional paving costs due to the project being delayed. These prices do not include the prime contractors mark up. Yours very truly, SHAPER CONTRACTING CO., INC. By: a1~lc J. Weiss III Encl. An Equal Opportunity employer ~912g/2~Q7 ].de56 '- -- lT ING 651d;~,6525 /lugust 3, 2007 Mr. ,Frank Weiss Shafer Contra.cti.ng P0.6ox 128 Shafer, .MN SS 128 i21,: Tl' ~t Area Im}~.rovements SAP 0222-150 (TH6.1=001) Dear >~.rank; TE~L~fE~2 ~ISF'Nl~LT PRG~ ~1!@2 Tower Asphalt, Inc. is requesting an increase in mi.x prices Por an.y work n.ot co~npletcd By .Tw.,e 30, 200G, .For t.lZe work completed after June 30`x', and. per our letter of Jtuae 2z"`~, 2006. Tower Asphalt is requesting the following a,djustrnents. As yon are well aware, the price of Liquid Aspl.~a t 11as increased dramatica.ily, 'These Writes .rel7ect the i.nc.rease in Li.ciuid Asphalt only, As Bid Cost After 6/30/2006 MV-3 Wear (58-34) $270-/Ton $415-/Ton Type SP1.2.5 Wear (58-34) $270-/Ton $415-/Ton LV-3 Non-Wea.r (58-28) $1.90-/Ton $350-/Ton SP 12,5 Noel-Wear (58-28) $] 9U•/Ton $350-/Ton The change iii l.iqui.d asphalt costs would equate to approx. $7.50/ton, for each ton placed, To complete the project, Tower placed 1.840' tons of mixture after Ju»e 30"'. 2006. Therefore Tower Asphalt .is rcqu.esti.ng $l ~,80U.00 to cover the ad.d.itiona.l cost for Liquid AsplZal.t. Thank. you far your cor~sideratiorr of tb.is request. Four pror~tpt response would lie gzcat.ly appreciated. ftespectfiz - , Tvlicla , Louer President ~qua1 opportunity Emntover MV-;~ WE 58-34 854 x. $7,25= ~h1y1.50 TYPE SP 1.2.5 SR,34 1.74 x $7.25= $1,261,50 TYPE LV-3 Non 58-28 C57 x8.00=X5256.00 TYPr SP :(2.5 Non 58-28 .155 ~C~8.00- $1240,00 Total: $13,949.OU As B.id Cost After 6/30/05 PerPer Ton AdiAdi 58-34 X270.00 Ton $415,00 Ton l45 X 5°/n $7.25 ,58-28 $ l y0.00 Tun $350,00 Ton 160 x 5%, X8.00 Apnroxitrtate 5% of tonnage is Liquid Asphalt. ;/qual Opportunity Employer r _® ~. ~ ~ Agenda Item M10 Attachment 3 SHAPER, N11R11dESE}TA 55074 January 7, 2008 Mr. Steve Heth SEH, Inc. 3535 Vadnais Center Drive St. Paul, Minnesota 55110 Dear Steve: Re: City of Maplewood Project Nos. 03-07, 04-06, 04-25 T.H. 61 Area Improvements This project was delayed beyond the June 30, 2006 completion date because of several utility conflicts along the East Frontage Road. We were not able to start construction of the East Frontage Road until Excel Energy-Gas and Qwest had relocated their facilities. This relocation was not complete until May 25, 2006, causing a delay of nearly 2 months. As a result of this delay our subcontractor, Tower Asphalt, incurred additional expenses due to increased material costs, which have already been submitted. Yours very truly, SHAPER CONTRACTING CO., INC. Frank. J. ~Jeiss II An Equal Opportunity Employer ,_ s ~ _ ~ ~ x ~ a s ~ s ~., _ _ ~ -~ ~ T ,. ~ ~ ~~ _ .~ N _ A A - O .~ .. ~ ~ ~ ~ s s ~ - _ - - ti ~ ~, ti - - - n - ~ D a m m m m m m m m m m m ~ m m rn > ~ r r z ~ ~c ~ ~ ~ ~ ~ ~ ~ ~ 3 ~ ~ ~ ~ 3 S < c c m m rm^ m ^~ Z Z O O O O O O O O O O O O O O O ~ m m ~ A O ~.. ~"' n ~ < < < < < < < < < < < < < < < m m m m m m m m m m m m m m m m o z` z z Z N m o ~ g ~ ~ ~> 770~~ m c~ m r m c~ g ~ ~ ~ O O n n -n y '~ n rn A G Z z Y ~ ~ ~ ~ ~ ~ Y rG m ~ m O D > ~ -i -i -i 'Z tR- n ~ 7n~ ~ ~ Cn m f~ Y -i z z z ti ~ n z m ~ ~ ~ n a m m n o a ~ a -~ f ~ 'z -~ ~ a ~ m ~ c a ~ 9 m ~ ~ 0 3 0 r Z ~SOi ~ ~ ~ ~ ~ '~ ~ m o ~ C, z -~ ca- o -i~- ? r 0 m H a r m m to m m m m N r r r r r r ~ ~ y ~ ~ ~ ~ ~ q q { ~ Z Y 2 ~ Z(~0,y A a~i O n .~ .~ a a a a a a ~ o c ti 1 -mi ~ y a m m m ~ a ~ 3 W o a m_ a 3 o µ O N D_ n 10 -C+ ti s Q ~ ~ a "' F 'm o c c ~ N 3. Q + -s ~ b ro a ~ o' is N LL _\' ~ ~ > n a a n n % a a a a u . q ~ a ~ q ~ o a ~ o ~ ~ 0 , 0 0 s ~ , o m p, O_ P_ O_ G O_ C F Q' ~ -M 0 -# 0 ~ z z (0 ( d l0 l 4 t0 ~' -p l0 N y~ !0 y -tr. 3 ~ ~ Z ~ ro ~ N n N n a ro o N n -+ N c m z ~ z ~ ~ upi ro ~ N ro a y ro Q a m 3 '~ 1n . y a Q O p ~ O p y O p' p D• p '~° ° -'' w 1° ro -ro b- ~ o 'm i m i p ro ~ 3 s 3 s u , d_ b q O q ~ h ~ py ro s ~- -Y X 'CR ('L ~ X R5 ~ s o o ro ~ m ~ ~ ro r ~ w tic rsn ro C ro ~ ~ ~ ~ ~ -y y G C -O p ~ m ~ = e w < ro' w' ~ N ~ ti y f0 O /0 d t A 7 " e rn ~ t'~ n ~ r'S ~ . -P, _. rw o ~ '' :, Agenda ItIVI 0 o Attac en 3 '~ x o b ~ ~ o ~ a `° ro ' ~ m V w o 0 ' a ~ ~ - o O O A C ~ :j ~ T ° 5 c_ 0 0 0 a~ o ~ 0 r O ~ w d ~ 7 ~. w v_, 3 3 ~ ~ ~ w b ° ~ ~ H Q~ V J O ~ ~ O O ~ N O p P. ~ 't5 ~ N CL ~ O p P O 0. d V~ ~ ~O IJ J .. O w ro 5 r n y O z 0 a a `L H z a r a T ~, ~, ~ ti _ ~ ~ ~ ~ a 1~ ~ ~, N ~ ~ ~ F ~ T s ~ ~, N _ _ v x s Agenda Item - A /~tta~hr~e ~ •° c~'~ h ~ ~ n n ~ cnn o •O z c rn m m r ~ m m ~ m m ~i O ~ ~ ,~~ a D D 9 a D "~ v v m ~ [?7 m ^~n `n '+y'I '~ m m m Cn d m m -m-l ~ y a n c'~ ~ mz m -G ~ ~ '~ ~ cr' r cc^ n ~ b b b o < < < a r ° ~ m n N ,~~i N ~ o z i i v, O z u ZO z ~ ~ m i N ~ m a < ~ D a 7 Oc ~ ~ Cl -YI m z o G] ,Y] m Y ~ G7 ,y-', m a ti r p O ~ lU O ~ o n 7~ ,z c o Cn m n a ~ M x y < m ~ ~ ~ m v~ -ay ~n ~ D G7 C) C1 <_ ~' ~ ~ Z ~ ~ a a ~ O O O O Z ~ ~ -A-l m z z z z z ~ r r a 'Z ~ m ~ m n > ~' ~ a z c~ 'Z n cZi ~ F ~ ~ m n < C7 S n 5 n < ~ m o -y-1 o ~ ° ~ -< n ~ m Cn m ~ o n r ~ r ~ ~ ° ~ v', o ~ o a ~ ~ m o ~ ° ° ~ o ~ n o '~ a ~ ~ °r ~ `~" m ~° o ~ z -- ~ m n ',~ x m 3 x m .~ ~ ~ R ~ A ' ~ ~ 3 -yxi ~ > ~ o G ~ cai, °' ~ "' v n ~ 9 ~ in D ~ ~ m m n ~" n ~ 'Z D D 9 Y D '~ ~ ~cC c O z O O O O O ~ C G -mCC C{{ C cmC ~ {C{ ~ ~ n n n y ,:j 2 'S x S i -i -i -i O ~ ~ ~ ~ O ~ ~ d t7 2 ... S x 5 P~9 A _ - - ~ N x _ N ~ rn v iv 1~ w ~v -~ < p~ b O w ~ .A U A T N o ~'' Oi w A A ~ ip ~ J p .? T /... O C d N ~ ~ A 'J 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 .1 1 1 a i l n n ~ _n _n m O w n a u, n a m' m ~ n n -^r + 3 i ~' ~- a a a. a a c c ~ ~ ~ ~ o (l A (1 IGi1 N ~ O ~ _ 3 ' o fl ~ o rv m ~ ° i o -n o` p o P G P N N N ryx X G ~ [ -+ ~ s s f0 N N 0. D l0 tD ~ 3' -t' ~ ~ C U ° ~ ~ . ~ o w n. a a o o i ~ ~ 4. - `C h (0 (0 lD ~ 'S ~ ~ K -} ~G G '~ __ ~ F 3 _ 3 3 °- °- + y, ~ t "* s ~° m ~ -n l0 (o ro N ~n Vr -h , ~ -+ ~- ~ .o a n. c- o- o' m ~ m ~- - 'QO °V 0. 0. O ~' ~- { ~ ~ ~ P < A d ~ T 5 4 ~` l t ^S 5 C ~ a ° ~ o g ~ a 2 ~ i ~ ~ o o ~ ~ ~ YS (tl ~ .6 ~ ~ ~ ~ m ~ c ~ v °es ~ ci B n ~ ~ s o ~ ~ ~ cs S ~ ~ ~ ~ a T. o ~T o o -" -t, -n i n v, • ~ 3 i c o ~ o 3 ' ~ ~ o i t ti ~ z C Q ~ ~ G ~ A G ry S s e- ~ ti- ~ .~ ~ 1 i ~ ~ ~ 3 ~ s r ~ + E ~_ m o- a in < S r ~- fl O r ~ G Q ~ i ~ _r' o O -fi }. ~ ~ ~ ~ ~ u R s ~• ~ i 1 ~ ` ~ C0 r o i -a. + -a _' w n c ti m 0 _ -i. -h l0 a. P ro N ~ o L ~ ` ~. R 1 y 4 O r i ~ G Q b p r ~ U~1 f ~ a ~ p C 5 ~ n n ~ c' + ~ ' o . 0 ? o ~ m 0 0 °' N 0 ~ -} O ~ .< V N O N ~ !D ~ 10 d y ~' c ~ a ~ t0 -t O y ? 0- ~ P 0 ~ ro v 3 q o ° Q ry O ~ ~ ~ -h O - £ (0 P a ~ ro a ~ ~ u~i ~ ~ a n c -e ° ° ~ - a t o -t o s n o ro n 0 3 P b y m d a ~ rv n o ~ ~ ~ z ~ O O ~ n r' ~ ~ ~ ~ ~ A m T+ '~ a m ~ ~ ~ ~ a n n r r E c i 1C Agenda Item P s o A N ~ A /~tta~hr~e v o ~ n o 0 0 0 ° N= > ^- a= J-i a n ~ ~ ^= ~ 0 0 0 ~ y < ~ c, N - c ,.~ O ti ~ z rzi, ~ ti m ~ a b ~ vCA O ~ C a ~ Z 7_ f~7 (~'] n n n n ~ ~ n ~,' O 7O7 FOF C7 Crn Y '.~< ~ A 'F ~ W p y ai < n n-I ~? ^c ro -a ro ro a ~ D D D Y ~ "'~ D ~ ~ n -1 ~ ~ ~. a ,,.~ ~ m n rn m m m ~y3 N n ~ z Z Z ~ O Z ~ a ~ ~' ~ -j r < ~ O p m m m m m m - z ~ -~ a a a a -, z ~ a z ~ a o ~< m < x x ~ f ~ ~ ~ F i n m ~ m m m m y Z D O ~ s o w > Z ~a" ~ ~' 7~ ~ a ~ a ~ z `z s n ..3 m p O < w m z ~ r r r r r ~r1 --~ m y, m O ~ ~ n cDi, ~Di, a jai, jai, j ~ n n n n n m m Z k o ~ ,".~ m w vi ti m '~ ~ C C C C O < ~ O m O m O < < < < < < i a ~ m can m .~, a ~ z O >t a ~ c -~ ~ X 3 N ~ ~ o 0 0 0 ~ o r U a ~ c z m ~ ~n z z z z "' ~ ~ n A ~ fI v, ~ n n r m m r r r r r ~ r r r r m m m m m m m m m r r r r r r ,O C C c ~ a a Y 'Z 'Z rz Z G p 'Z G2 rz z a a D a a D a a a Y Z 'z Y Z Z m ~C -C -G ~n n n ^n ^a a m Z -C -a -n ro, -n f] c~ c~ c] C~ ~ c] (~ t~ „~ -~ m m -1 O C7 O -i S S -1 -3 -1 -i -1 p O -I -7 -i -1 S S 2 S 'S ~. S S S -1 -1 -1 -i -7 -i '+ h O ~ d ~ ~' '~ y O 5 0 rt N C UOi A Q. tp n C A ~ ~ ~ ~ ~ ~ ~ ~ a a > > a a a a m a a a H o ra a a a m ~ o a n o_ n o_ n a a = a ~ m ~ n n n _ ~ O O O O N 0. 3 O 3 fl P 3 ~ O ~ ~ 3 O D N 3 O ~ P p N d N N /0 N (0 fL G . 0. ~ F ~ X ~ rn ~ ~ o o m ~ m ~ ~ o c c ~ C U fl N G d ~ Q '~3 Z S N N 3 -F 0. Cl d ti ~ ~ ~ ~' `G ~ C C C 0. ~ C C ,NT N Q- (p ' `G - G N ~ -tr -+ R n. h. ~ ~. ~ }F h --yF N ~ s C `G A K ~ O 0. A P p P~ `G `G ^G 3 N 3 C - ~ ~ ~ O ~ O 3 O o _ s , n n S 3 -. _. In n E N -4 l0 (a n ~ (d ~ w -t -t R d N C X X X -+ O '~ N N t0 N y x D O ry N (0 C 10 (0 (0 10 O ~ O U 0. 3 0. (0 ro ~ R7 ~ ~ x l0 ~ lp O.. 0. Q ~ ~ G 0. G ~- O O D ~"" p -tr R ~ 23 G G K lp_ A _ '-4' O ~ O O 0. 0. _ ~ ~' ro .II ~ O P fl O -a. ~ ro, ro O ~ ~ ~ ~ ~ ~. ~. ~. 90 -tr Q. -+ 0. N O O n O O ~, ~ Uf N ... 0. 0. d ~ O ~ O 0. 6 `C 'G (fV -CT O ~ O O O -OF "'a" ~ ~ Vs ~ U1 R~ A7 O t0 'O ~ ~ ~ ~ G1 L1 °f. O 5 ~ ~ ~ o C7 1.1 O ~ ~-a ~ ~ ~ ~ s .. ro ~ ~ (l 0. ~ -+ O O ~ ~ y -t ~ °x- E ~ °` ° ~ m 5 w ro m - ~ n n rn O -t o c l0 y ~ N x ui 0 3 -# N a a 3 0 c 0 v 0 A A O z m E t~ ~ e r m s m ~:c. O o r ~ ~ m A O o r. ~ ~ m b m z -~ ~ n m A S y ' m z ~ --~ vm`, i n m m a z z -~ a -zi a -zi a z a P y c o ~ ~ m X ~ b O ~ x { - G t i i i ~ t i > i i 7 i t > < ~ < 0 Agenda Item ~ A A ~ P /~tta~hr~ei :_ z a m d ti ~ a z -1 z -l z -t `~ z ~ z ~ m Y;; x m ~ q a ~ ~ a j e ZO m ~; z o "= ~ o ~ a r x' C z === n o r, o ~ n 0 ~ r~ n ~ 0 o O ~ ~ ~ 3 a y r o a d a r' D r a r 7 > ^~o _., n p m " n o m n A ~ d ~ D h m n m ~ R H a ~ to o ~ a Cn ~n ° ~ V~ z ~ N z j ~ ~ ~ ~G' m m °z 77 ~ Z m ~ O (] m m O > r ~Z d y~'y ~ y "m' c) ~° O m o ~ m F m C lv m ~ m r .~ m ~ ~ ~ ~ ~ ~ X m m m m o m ~ -z-7 ~ m ~ o m ~ cri ~ ~ m y 2 ~ ~ R= P= fh ~ a N o n r Y ~ 0 m ~ ~ ~ ~ ~ ~ ~ -~a a m C1 ~, m ° ~ z ~ °z O =~ O a < a 0 a 0 a a a 0 0 0 ~ c ~ p -~ ~ z o ~ y ~ ~ z z z z z y ~ ' j r O ~ O m ~ A a A ~ m a x N A r r r r r m m m m m m m m m m N ~ m ~ m r r r r m r r r r r Z mZ z ~ ~ n ~ ~ ~ ~ ~ ~ n ~ ,o ~ ~ ~ ~~" z ~ '"z z ~ p ~ ~ z ~ mZ ~ -m-I H -~~i -ml x ~ 5 .+, y S S Z x S -I -1 S ~ 2 'S x '...~ =j -1 -~-I - -1 d -1 -i -ml -1 -ml 3 io 1C C p7 q ., ~C o ~ d °' m ~ d C P ~o - m c m o m c a L m c m x ~ 3 _ 3 _ 3 a 3 3 a Q ~ Q ~ ~ O P c (0 - + - + - F d ~ a a Q Q o ~ _ _ ~ o ~ fl -4 -f -i- /0 -h -F ro m m ~ ~ ° y m =+ `G ' ' to ~ m m ~ m a ~ a ~ ~ ~- m ~ 3 Q ~ O O y ~ ~i A 'a a d x a -.., - ~ _ ~ o e Z p ~ a a a a F ~ o ~ ~ ~ rt y G c O c A c O c O ~ ~ 3 3 3 3 N N N N ~ ~°n a uQ, uQi uQ, py N C C C C (0 C ~ R 2 2 d o .o s .o .o ~ ~ a ma - p ~ s - y ~ y- ~ `G `G 10 ~ °"~` G _ s G 3 3 ~ o p o -r ~ s o y r p S (0 T (0 S (0 S (9 ~ 4 ?,y ~ -h -~h °h ~ ~ m ~ ~ m o~ a ~ a a ri ri C ~ D q P O U i , O y 'z 's 's -f ~ ~O ~ Q Q 2 2 ~j~ ~ -A O °R O -Pe Q °h O 3 3 3 3 -n -o ro ~ 0 - 0 - ~ - o - + o + n m o + 0 x- ro 0 z- m 0 -n x- ~ 0 -n -n r. ca 0 -r. -n y _ ~. r~ _ _ ~ ~ ~ ~. ~. ~ .~ ~~ _. ~ ~ ~ T ~, p w ~~ _ _ .~ Agenda Item ~ _ ~ A A ~ P~ta~hr~e _ _ ~ _ x _ _ _ N - _ _ _ ,~ n c~ a r m ~ ~ n; O 3 O ~ ~ p ~ ~ m O < m ° 3 n p ~ n ~ ~ O m 7a ~ O d T ~ 3 O cr' x ~ p ~ z O d Z ~" o z m O C G ~ H z -i m ~ O n ~ ~ ~=. 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Q Q ~ -tr ~a -h -fi 3 3 ~ ~ d ~ -cs ~ w A O P P y O -#. a ~ m 0 -^~, -+. ~ ro 0 -~ -a F m ~ 1( C7 q T~ o ~ d 0 y O b7 a a O 'J d '> 0 n c7yZ~~ a n ~ ~ o o f ~ ~ ~ z F G p O y ~ -1 -"~ ~ vCi ca'~ ta'~ r m ~ ~ r 3 0 ~ ~ o o ~ ~ ~ b r - m ~ a ~ N a ~' ~ ~ D m n ~ ^' C „ '' z m ~ Z z -zi '~ m n n Z ^r ^r-I ~ CDi ~ O n n < ~< ~ a O , m~ ~ n m r m m ~ ~ A ~ -mi z i O r -i '< ~ ~' ~ r m r n m m D m Z ~ vn, a -] C m yOi n p < ~ n0 a '~ -3 a a < O ~ ~ m m ~ x ' N N O O O OZ ? ~ ~ W ~ m z z x _ A m a x ~ o I ~ ° _ ~ ~ ~ ~ ~ ~, ~ w ~, _ Agenda Item - A - /~tta~hr~e ~ -a -C m a < m ~ m a ~ a o ~ Cmi a c7 a n ~ O o r ~ o 3 ~ N m ~ n ~ c a~ o ~ O ~ X ~ O ~ Oy ~. ~ i m ~, 9 z n a a a a a m m m m m o 0 0 0 0 m m m n m il ti ' m ~ > C D to S m D A O p a D C' n n D ~ k ~ O h '"~ ~ m ~ ~ ~ ~ ~ =7 D ~ ~ Y ~ C z Z r d z n a o ~ ~ ~ m ~ ~ '~ y m m 00 ° ~ m ~ ~ ~' .~ O ~ ~ b ~ y m a ~ ~ ~ 3 ~ 3 ~ n ~ ~ ~ _ ~ v < z a m ~ ~n z -a ~ n 'o n m ~ ,. o ~ ~ ~' ~ x r n n r m r r r r m r r m ..~ ,...~ ~ --~ c~ c c c c c c c c y ~ a q z z Z 'z c c 'z a z z z Z a 'z z a {{ {{ -m-l O O -m) S -mi -I ~m-t -~1 x -1 .: j = O O O O ~ O O ~ O O d ~ O S -1 ^`'- O ~ -3 -1 11C ~~ c 0 C'7 '.A T ~ o ~ d ~' 0 T ~ m ,~ C a ro n O 3 0 c a A 3 ro O a Q 3 -t n ~ ~ o ~ ~ ~ n F a n a n ' i' O 0_ ~ d -+ -+ N N -+ p ~ -F O -f P _ 3 3 ? y 3 ~ o 0 N o O N N co ' 3 3 ~ o' ~' -~' N o ~ c ~ ~ p c c u ti c - i. . o 'c ~ 2 ~ 2 ~ o n a H ~ ~ ~ ~ A ~ C C ~ ~ C .C S O C ~ O O ~ p ~ O 4 ~ 3~ °F ~ 3 3 w . C G s -tr ro ~ ~ ~' - - ~ -~ - r a a _ O ~ p O 3 s 3 l0 m O ro a ~ m A- m - ~ - 9 ~ 3 w - o -,. ~p n -n ~ o. o, ~ i ft Q s (D N 10 S S ~ 6 O.. O E Q. ~ a Q. A ry d. y fl ~ ~ P A Q O X X, w O 9 ~ ~ -h °05x °4. °fi °h -A O ~ -N4 O 6 O O O ~ ~ 4 C ~ s ~ ~ 3 _ ~ O O °{ A O O N N (0 -Oi~ (0 @ (9 O ~ 4 °h ° ~ O M -fi O °h °h O -h -h ~ .A C ' h fi Q n n a a a a -! -F O O Q v ui n F c ~ ~ =~ a N ~ a ~ ~ C, N a io ¢ a_ ~ o ~ 'ro t0 Z U c o 3 Z y O C f O N d A 0 A O - z A Agenda Item ~10 ~ta~hr~e ~ 3 o ~ ~ r " o o ~ -ri -ri m ~ b ~ ~, ~ m ~ ~ ~ ~ ~, o ; ~ a Z ~ ti { ~ Z m m n ~' D n z z x ~ ~ m m ~ " ~" ~ ~ n m n c z ~ '~ m m z -"~, { a x n ~ n x y ~ N - ~ o z -~ C m O H r ~ ~' n m ~ [~: a c z 0 z a n ~' y 0 0 a a r o 0 0 0 o ~ m o z p o r r r m c ~„ ~ z z ~ ~ ~ ~ ~ ~ x ~ x a - 1 _ ~ ~ c ~. ..~ ., - ~., - q A ~ C m ~ _' a O e m e m vNi ~ a c c a .P e a C a m C o m a a 3 ~ _ 3 3 q ~ ~ _ 3 _ 3 a ~ O D . ~ _F fl P . Q O o, ~ P p ~- d N d d O N t0 ~ ~ P 'fi N (0 ~ 3 ~ `° ~ (0 Q S ~ S ~ ro f0 a. t0 r.L S ~ ~° ~ -+ ~ ~ -n ..o -o-. -n s ~ ~ .a ~. -n ~ ~ m a ~ ~ o Q ~ ~ a Q ~, a a ro a =a ~, a a ~ K - K K ~ O ~ ~' O 3 3 ~ - -h -t ~p ° h ~ (0 -h l0 -A (~ O h ~ - -h ~ ~ O ~ ~ _ Q. _ d ~ p ~ O O ~ ~ ~ -y f ~ (0 d S Rr R to Q T~ -r, 'a -t, -n s. o' o o ~ 3 ~ 3 Z -o v e5 ~ 0 s o s a n~ n -t o x m a -t. -+, x ro o ~ w 0 o q d ^`~. ^ fD •2 C 0 b O a 0 0 d 0 a m W W W zzz QQQ ~~~ W W W ~ ~ ~ 000 UUU o~o~ V 1 I W Z C/~ Q z Q ~ ~ W c~ Q J ~ WzC~~ mQ ~ ~ ° ~~zQ ~~ ~ ~ ~ ~ Q~ ~z ~ > ~_ > o ~ Q ~~~~ ~ cn v o m ~ ~ N ~ Q ~ °~ U ~ v~ w Q `~ z 'ls ~ z J ~ o z o = o ~ o o > ~ J CD ~ ~ ~ O Agenda Item M10 Attach ~ - a~bNN~~ { 0 '1S i ~ o 0 Q o ~ z ~_ ~ ~ .J D U z ~w ~ z ~z ~ ~ U ~ ~ ~ U>U ( r / . _........_ _. z ,1 a !_ __ J O ~ - - ~ ~, r ~,, , O r, ... - - t ~ ~ tt ~ ~ l W 'LS Hl~~Na 0 0 o ~ Q = o ~ '~a 's1H ~~~b ~ a a~ ~ ~: z ~~ ~ ~~ ~ o ~ 'ls a~bMa~ O ~ ~- '1S o ~ ~J ~d~~ y ~d~ ~~~ Agenda Item M11 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Approval of Traffic Control Signal Agreements with Ramsey County -Beam Avenue at Country View Drive and County Road D at Country View Drive DATE: May 29, 2008 INTRODUCTION The council should consider approval of traffic control signal maintenance agreements with Ramsey County. The two signals were installed as part of the public improvements for City Project 06-17, which included the building of Country View Drive that connects Beam Avenue to County Road D. Background The City of Maplewood needs to enter into a maintenance agreement with Ramsey County for the two new signals located at either end of Country View Drive. The agreements are for the maintenance of the traffic control signal systems which includes street lights, signs, and emergency vehicle pre-emption. The attached maintenance agreements define the obligations of both the City and of the County similar to past practices. RECOMMENDATION It is recommended that the City Council approve the attached maintenance agreements with Ramsey County for the traffic control signals located on Country View Drive at the intersections of Beam Avenue and County Road D, and direct the mayor and city manager to sign the agreement signifying city council approval. Minor revisions as approved by the City Attorney are authorized as needed for both agreements. Attachments 1. Maintenance Agreement (County D and Country View Dr) 2. Maintenance Agreement (Country View Dr and Beam Ave) 3. Location Map Agenda Item M11 A EE ~~, ~R l~`I'EI~ANCI~, Attachment 1 ~ T ~'l~'IC COTR L SNr~L ANI~ EVP VS'TE A E T N . PWZ~ THIS AGREEMENT, made and entered into by and between the County of Ramsey, Department of Public Works, hereinafter referred to as the "County", the City of Maplewood hereinafter referred to as the "City", for the maintenance of a traffic control signal system with street lights, signs, and emergency vehicle pre-emption at the intersection of County Road D (CSAH 19) and Country View Drive; WITNESSETH: WHEREAS, Ramsey County and Maplewood have determined that there is justification and it is in the public's best interest to construct a traffic control signal with street lights at County Road D (CSAH 19) and Country View Drive; WHEREAS, Maplewood requests and Ramsey County agrees to provide an Emergency Vehicle Pre-emption System, hereinafter referred to as the "EVP System" as a part of said traffic control signals with street lights in accordance with the terms and conditions hereinafter set forth; and WIIBREAS, Maplewood will be responsible for construction of the traffic control signals with street lights, signs, and emergency vehicle pre-emption at it's cost and expense, and WHEREAS, Ramsey County and Maplewood will participate in the maintenance and operation of said traffic control signals with street lights, signs, interconnect and EVP system as hereinafter set forth; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City shall install or cause the installation of said ta•affic control signal with street lights' signs, interconnect and EVP system in accordance with the plans and specifications for County Road D and Country View Drive. 2. The City shall install or cause the installation of an adequate electric power supply to the service pad including any necess extensions of power lines at County Road D and Country View Drive. 3, [7pon completion of the traffic control signals with street lights, signs and EVP system installation, Necessary electrical power for their operation shall be at the cost and expense of the City, In accordance with the Policy for lighting Ramsey County Roadways, R sey County board Resolutiozl I8-1395-, The City shall perform street light maintenance and pay energy costs of the integral street lights. PW2008-09 1 of 4 Agenda Item M11 4, The County shall raintain and keep in repair all signs associated with tl~e traffic si~nta~cahment 1 its cost and expense. 5. The County shall maintain and keep in repair the traffic control signal including relamping and cleaning at its cost and expense. The City will be responsible far painting the traffic control signal at its cost and expense. 6. The County shall maintain and keep in repair the geometries on County owned roadways at its cost and expense. 7. The County shall maintain and keep in repair the interconnect along Country View Drive at its cost and expense. 8. All timing and related adjustments of the traffic control signal shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 9. The City shall install or cause the installation of and EVP System at its expense. 10. The EVP system shall be operated, maintained, revised or removed in accordance with the following conditions and requirements: a) All modifications, revisions and maintenance of the EVP System considered necessary or desirable for any reason, shall be done by the County's forces, or, upon concurrence in writing by the County's Traffic Engineer, may be done by others all at the cost and expense of the City. b) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03. c) The City shall maintain and require others using the EVP System to maintain a log showing the date, time and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported to the County immediately. PW2008-09 2of4 Agenda Item M11 Attachment 1 e) In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by said party of written notice thereof from the County, the EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components shall become the property of the County. All infrared detector heads and indicator lamps mounted external to the traffic signal cabinet will be returned to the appropriate party. The detector receiver and any other assembly located in the control signal cabinet, which if removed will not affect the traffic control signal operation, will be returned to the City. f) All timing of said EVP System shall be determined by the County, through its Traffic Engineer. g) Execpt for the negligent acts of the County, its agents, and employees, the City shall indemnify, defend, and hold the County harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which the County, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of the use or operation of the EVP the City, its (their) officials, agents, or employees. Nothing in this Agreement shall constitute a waiver by the City or the County of any statutory or common law immunities, limits, or exceptions on liability. 11. All timing and related adjustments of the traffic control signals shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 12. Any and all persons engaged in the maintenance work to perfol-~ned by the County shall not be considered employees of the City, and any and all claims that may arise under the Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any negligent act or omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. PW2008-09 3 of 4 Agenda Item M11 Attachment 1 IN WITI~TE~S WHEREOF, the parties have hereunto affixed their signatures. CITY OF PI,EWOOI), MINNESOTA In presence of Recommended for approval: Kenneth G. Haider, P.E. Director and County Engineer, Ramsey County Public Works Department COUNTY OF RAMSEY By: Chairperson Board of Ramsey County Commissioners Approved as to Form: Attest: Assistant Ramsey County Attorney By: Datee PW2008-09 4 of 4 Chief Clerk -Ramsey County Board Date; Agenda Item M11 Attachment 2 A(B E NT l~ INTENANCE C~1+ T IC CC~I~T~t(3L SIGNALS A E SrSTlt+ A E r~T W~oa®~ THIS AGREEMENT, made and entered into by and between the County of Ramsey, Department of Public Works, hereinafter referred to as the "County", the City of Maplewood hereinafter referred to as the "City", for the maintenance of a traffic control signal system with street lights, signs, interconnect, and emergency vehicle pre-emption at the intersection of Beam Avenue (CSAH 19} and Country View Drive; WTTNESSETH: WHEREAS, Ramsey County and Maplewood have determined that there is justification and it is in the public's best interest to construct a traffic control signal with street lights at Beam Avenue (CSAH 19) and Country View Drive; WHEREAS, Maplewood requests and Ramsey County agrees to provide an Emergency Vehicle Pre-emption System, hereinafter referred to as the "EVP System" as a part of said traffic control signals with street lights in accordance with the terms and conditions hereinafter set forth; and WHEREAS, Maplewood will be responsible for construction of the traffic control signals with street lights, signs, and emergency vehicle pre-emption at it's cost and expense, and WHEREAS, Ramsey County and Maplewood will participate in the maintenance and operation of said traffic control signals with street lights, signs, interconnect and EVP system as hereinafter set forth; and NOW, THEREFORE, TT IS AGREED AS FOLLOWS: 1. The City shall install or cause the installation of said traffic control signal with street lights' signs, interconnect and EVP system in accordance with the plans and specifications for Beam Avenue and Country View Drive. 2. The City shall install or cause the installation of an adequate electric power supply to the service pad including any necessary extensions of pawer lines at Beam Avenue and County View Drive. 3. Upon completion of the traffic control signals with street lights, signs and EVP system installation.. Necessary electrical power far their operation shall be at the cost and expense of the City. In accordance with the Palicy far lighting Ramsey Caunty Roadways, Ramsey Caunty Board IZesalutian `i8-139-, The City shall pe~~fo~ street light maintenance and pay energy casts of the integral street lights. PW2008-08 1 of 4 Agenda Item M11 Attachment 2 4. The County shall maintain and keep in repair all signs associated with tl~e traffic signal. at its cast and expense. 5. The County shall maintain and keep in repair the traffic control signal including relamping and cleaning at its cost and expense. The City will be responsible for painting the traffic contral signal at its cost and expense. 6. The County shall maintain and keep in repair the geometries on County owned roadways at its cost and expense. 7. The County shall maintain and keep in repair the interconnect along Beam Avenue at its cost and expense. 8. All timing and related adjustments of the traffic control signal shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 9. The City shall install or cause the installation of and EVP System at its expense. 10. The EVP system shall be operated, maintained, revised or removed in accordance with the following conditions and requirements: a) All modifications, revisions and- maintenance of the EVP System considered necessary or desirable for any reason, shall be done by the County's forces, or, upon concurrence in writing by the County's Traffic Engineer, may be done by others all at the cost and expense of the City. b} Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.OI, Subdivision 5 with 169.03. c} The City shall maintain and require others using the EVP System to maintain a log showing the date, time and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported to the County immediately. PW2008-08 2 of 4 Agenda Item M11 Attachment 2 e) In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by said party of written notice thereof from the County, the EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components shall become the property of the County. All infrared detector heads and indicator lamps mounted external to the traffic signal cabinet will be returned to the appropriate party. The detector receiver and any other assembly located in the control signal cabinet, which if removed will not affect the traffic control signal operation, will be returned to the City. f) All timing of said EVP System shall be determined by the County, through its Traffic Engineer. g) Except for the negligent acts of the County, its agents, and employees, the City shall indemnify, defend, and hold the County harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which the County, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of the use or operation of the EVP the City, its (their) officials, agents, or employees. Nothing in this Agreement shall constitute a waiver by the City or the County of any statutory or common law immunities, limits, or exceptions on liability. 11. All timing and related adjustments of the traffic control signals shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 12. Any and all persons engaged in the maintenance work to performed by the County shall not be considered employees of the City, and any and all claims that may arise under the Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any negligent act or omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. PW2008-08 3 of 4 Agenda Item M11 Attachment 2 IN WITNESS WHERE®F, the parties have hereunto affixed their signatures. In presence of COUNTY OF RAMSEY Recommended for approval: By: Kenneth G. Haider, P.E. Chairperson Director and County Engineer, Board of Ramsey County Commissioners Ramsey County Public Works Department Approved as to Form: Attest: By: Assistant Ramsey County Attorney Chief Clerk -Ramsey County Board Date: CITY OF PLEWOOI~,IVII SOTA By: Its: By: Its: Date: Date: PW2008-08 4of4 VADNAIS HEIGHTS Q Q Q U W J BEAM AVE. CT 19 COUNTY ROAD D COUNTY ROAD _ D CIR. Sunset HIGH IR DGE CT. ~ Ridge ~ Park ° ~ ~ O N ~ °W = I ~~ LYDIA A~V_E. ~ ~ 1 N G = ~~- 2 ~ d~ ~Z FOP G~ o ~jb ~~ 3 BEAM I 19 1, ;i I %'%; ~/jj' ~ ~,~ ~ Project Location '1 i , ~/ i i~ ~ Kohlman ~; ~ (~ Q~ z \ Lake ~ ~~~~ ~ ~ ~ ~, -- IA \\`~ - ~.. ~. ~ , ~ '`,, ~~ '~,, 1, KOHLMAN ~ AVE. ~~` 61 _ J ~,'i J , - __. _ J ~ _ ~ COUNTY ~ ROAD O ~ KPark on H~<< TOp S `~ ST J ~ ~ Manufactured Q J~ C,' C7 J t/j 1 Housing ~/ ~O Z O ~ ~ Estates ~ e Y~ ~ ~ 5 2 ° C CT ~ w ~ ~NpR ~ 3 }. 4 CON NOR ~`' ~~• U z," M N1 AVE~ OR AVE. ~ V s~ ~ w O ~ g m J SEXTANT ~ ~ AVE. ~ GERVAIS AVE. pK~'Y no scale Hgenaa Item IVI1 694 Attachment 9. COTTAGE LANE LN. 10. COTTAGE LANE LN. 11. COTTAGE LANE LN. COUNTY ROAD D CT. 61 5. CHAMBERLAIN ST 6. MINGWAY T . 8. COTTAGE LANE L COUNTY ROAD D 1. SUMMIT CT. ~ 2. COUNTRYVI CIR. 3. DULUTH min N VILLAGE TR. o ~~ 8. ~ LEGACY Q~ 1 1 ~ 10. (-1 u Legacy Vill 11. WOODLYNN AVE. age Sculpture F- Park ST. JOHN'S ~ BLVD Z . ~ z W = ° ~ a 0 ~ ~,----I n o w ~,~Markham I,, o Q ~\~ Pond ;~ 1 ' ~ z i I ~~ ~I ~, I ~ ~ ~ _ ~ ;%~' (.~;-/~ ~J _- ~- z ~ ~ Q North v i ~ Hazelwood ~ 23 Park ~ ~ m c Z J ~ ~ Z ~ Q ~ w ~ ~ w ~ v~i ~ DEMONT ~ AVE. m ~ BROOK AVE. E. Harvest U ~ Park ~ ~ m SEXTAN T ~ Four AVE. Sparkns ~ ~ ~ ° z g N GRANDVIE W AVE. „il ~~~ ~ ~ Project Location Mogren Street Improvement 06-17 Agenda Item M12 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Ed Nadeau, Utility/Fleet Superintendent SUBJECT: Approve Purchase of Fuel Dispensing Pumps DATE: May 28, 2008 INTRODUCTION The Fleet Management Division capital outlay budget has $18,000 (702-509-000-4640-equipment) in 2008 monies to replace the existing fuel dispensing pumps at Public Works. BACKGROUND The existing fuel pumps were purchased as used pumps in 1979. The two pumps continue to need repair and at some point in the near future these pumps run the risk of totally shutting down. Proposals were received from two pump suppliers. Pump and Meter Service Inc. and Zahl-Petroleum Maintenance Co. The bids were $13,854.55 and $13,836.00 respectively. Both suppliers have performed maintenance work on the city's existing equipment and staff has not experienced any issues with either of these two vendors. RECOMMENDATION It is recommended that the city council authorize acceptance of the proposal for the purchase of two fuel dispensing pumps from Zahl-Petroleum Maintenance Co. for $13,836.00 (low bidder). Attachments: 1. Proposal from Zahl-PMC 2. Proposal from Pump and Meter Service, Inc. Agenda Item M12 Attachment 1 ' C}IV. CJF DAN CARSON EN7ERPRIf ~S, INC. ~~~ .:~ ' ~ _ ~~les, Service, inst~ilation of ~~tr~l~um ~quipmenfi since 195 Iv1AY 27, 2008 CITY OP MAPLEWOOI3; MI~t Ii~E: CrASBOY ELECTRONIC'. DISPENSERS ATTN: ED NADEAU EQUii'MENT LIST: I CtASBOY 9fi53KXTW IDF TWIN HOSE SINCrLE PItODUC l' DISPENSER WITH IN'T'ERNAL FILTERS, PULSE OUT'PU'£, PAIN"lED DOORS, UNLEADED AD PANEL, 9/d" HOSES, SWIVP,LS, AUTOMATIC`. NOZZLES AND BREAKAWAY VALVES I GASBOY 98S3KXTWIDF TWIN HOSE, SINGLE T'RODUC:T DISPENSER WITH INTF.,RNAI~ FL[.,TEk~S, PULSE OUTPUT, P.AI,N'I'ED DOG7IZS, DIESEL AD PANEL, 1" HOSI~S> SWIVELS, AC,TTOIvIAT;CG NOZ,ZZ.FS AND BREAKWAY 'VALVES 4 TAT) JACKET OVER~,AD I~TI~AC'COI2 WI"T'H 7f3"POST Ir (~ t7ll'MEN`I' 'I'O'i AL INSTAI.LATI(YN: $ 4,~UU.OU 4,`~90.E~0 44 ~ )0 $ 10;330.Ot) DISCONNECT ELEC;TRIG AND PIPINC3 TO 2 EX~STINC.I DISPENSES} PULL ADDITIC~N'AL W71t_E;S ~'Oi~ NIV~! DISPENSERS AND MODIFY TITE EXISTING} EMERGENCY STOP. INSTALL NEW GASBOY TWIN HOSE, SINGLE PRODUCT DISPENSERS AND C-'ALIBRATE. HAUL C3I,D DISPENSE.,RS AWAY. INSTALLATION "T'OTAL $ 3,I9f,t)0 TOTAL BID AI4ICOUN'i' ~ 13,52+tr.f10 INCLUDES APPLICABLE TAX We ptopase to fernish nulteriril and/or labor in accordance with speci#iratiana atui esduuett=~. Total Proposal: TT3atTEEN THOUSAND FIVE HUNDRED TWENTY SIX DC3LLARSAND OU/2UU $ 13,5'?6,UU Note: Tlas peopasal tray be withdrawn by us if not aoaeptzd with in 3U days. 1~~~E'P'Tl~~~~ ~F p~{~P"'~~~.~: The above prices, spacifaaiions and conditions are satisfaatoty and are bear by accepted. You are authorized to do the work as specified, Paymont will be made as otttlinad below. Data o£Acceptc~a~: customer's Si~,atou~re: ___-- 7.,rshi P~txol~usra M~sinieraarz Carnpatty.~txth~rrized Slgnatura: ~~ t~ -1 .~._.~ _._ P~.Y1~I1~dB' ~~~Y~~`3t~~.,~: }3 CE DUE NET 3U DAYS FROM ii~l~V'UICti t~A`1`E Date ofAcccptaa~cc: _..__..~..~v,....,.„,.~,,,....~,.,,Gustorazar's Si~ttatorc: J {g T1~: S2 ASS STEM TC7P , ~,.)n ~.• -~,7 ", ADD ~ r~1U.r}U ~_ ANC"L ~, ----5.~__E3 ~ ,_ a 'W ~ va c}~r'T ~r~,"I"rac c~ ~s ~ f " Z, . ' A ! sld. ' A ACT ~ S~ _ _G -CA'L' ~N. WC) ~L D TC> E S G ~O 1~ ~a W S, J-POSES C9R Iti' TEtE Y S t;E. 3101 SPRING STREET N.E. - MINNEAPQI-IS, MN 55413 PHONE: (612) 331-$550 - SAX: (612) 331-8553 cQUAL OPPORTUNITY EMPLOYER Z '~ Ptil6'oN i'Vd~~ ~;,`l' '~ ~,~ ~i (191 _._... n. _ ~ :1303 Excelsior Blvd s hiop)<ins, MN 55343 ., Phone: (952}933-48f70 ~ Fax: (952)939-4418 ~' Email: www.pamp-a~sreter.cofn !~~ ilF` ~~° - . rh_. . - -' , ice.` -- ~'°°6 ~ t; [3~J(f `~ rump SL'CitBCC' A division of Pump & Meter Service, Inc 3497 129'" Street ~ Chippewa Falls, WI 54729 Phone: (715)723-8223 • Fax:(715)723-7242 ~"o: City of 1~!Iaplewood Ed Nadeau 1830 County Road B East Maplewood, MN 55109- Ph: Fax: Ph: (651) 249-2430 ~'ax: (651) 249-2459 Salesman: Dean Lahren Job Description; Gasboy dispensers 2 I Gasboy Model 9853KXTW 1DF Twin Single Product Side Load Dispensers with pulsars, internal filter, nozzle, 15' hose, ~ 4 (Red Jacket 6'6" High Hose Retractors ~ Installation (Labor & Material 1. Remove old Bennett commercial dispensers and dispose of properly. Z. Install new Gasboy dispensers and start up. Connect to fuel management system. Total Consideratian _ r ...,,. Thirteen thousand, Three hundred twenty-seven and 37/100 dollars _ ~ 13,327.37 Total AYnount .C .l..~: ~ Y , .., a~Ai%~SS.~a~ -_s r.L~"~'=_' 'k~A'~t~L'R,z?~7M,2*'SfhE.'kSi, vAy-1`3,'r~.?i r!~_. ~.. ,n:.;,f. * , bd~ ~ : w wi ~ ~ c ddi <_,~ a r ¢ai rc (~ed e xt 1 ~; ~i (~_~. `~ ,,. ,,.. Add for stainless steel top and side panels on each dispenser $SL i. I8 Agenda Item M12 tachment 2 _ _ ~ , i ~. ~ . bufuth Branch Phoae:(218)389-6359 ~ Fax:(218}389-6359 Job Site: Same Fueling Systems -- Electronic Gauging & "`"°`" Self-Serv Equipment - Compressors Inventory Controls -Fiberglass Taraks & Pipe ~~~~ Auto Lifts & Parts - Service Station Pumps Line Testing - Tank Testing '°"`° Carcl Control Systems - Canopies Agenda Item M13 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Heritage Square PUD -Conditional Use Permit Review LOCATION: Legacy Parkway and Kennard Street DATE: June 3, 2008 INTRODUCTION The conditional use permit (CUP) for the Heritage Square PUD (planned unit development) at Legacy Village is up for its annual review. Heritage Square is a 220-unit town house development on the west side of Kennard Street north of St. John's Hospital. The builder is K. Hovnanian Homes, formerly Town & Country Homes. BAC KG RO U N D July 14, 2003: The city council approved the Legacy Village PUD, plat and tax-abatement plan. December 8, 2003: The city council approved the Heritage Square PUD and preliminary plat. December 16, 2003: The community design review board approved the architectural plans. February 9, 2004: The council approved the final plat. February 14, 2005: The council reviewed this CUP and moved to review it again in one year. February 13, 2006: The council reviewed this CUP and moved to review it again in one year. May 14, 2007: The council reviewed this CUP and moved to review it again in one year. Code Requirement The zoning code states that CUPs shall be reviewed by the city council annually. The council may specify another timeframe for subsequent reviews as well. DISCUSSION Work is nearly completed with Heritage Square. There is one final building being constructed and the interiors of two others being completed. Once the project is completely done, staff would recommend waiving any future annual CUP reviews. For now, though, staff recommends reviewing this permit in one year to check on the completion of the project. RECOMMENDATION Review the CUP for Heritage Square again in one year. p:sec3/heritage square cup rev 6 O8 #2 Attachments: 1. Location Map 2. Heritage Square Development Plan a RD SITE ;4VE ~_ Location & Zoning Map Heritage Square Townhomes Attachment 1 page #2 ~rr~er-~~~ur 2 HER~TA~E SQUARE - MAPLEtiY~QD, MN ~~ l HERITAGE St~UARE 3 Agenda Item M-14 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: June 3, 2008 SUBJECT: Maplewood Athletics Association Temporary Gambling Permit Resolution Introduction An application has been submitted for temporary gambling on behalf of the Maplewood Athletics Association, 2999 Maplewood Drive. The temporary gambling permit will be used to conduct a raffle at the Taste of Maplewood event that will be held on June 19, 2008 from 5:00 p.m. to 9:00 p.m. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Maplewood Athletics Association to hold a raffle at the Taste of Maplewood located at the Maplewood Community Center, 2100 White Bear Avenue, Maplewood, Minnesota to be held June 19, 2008. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that the Council approve the above resolution for a temporary gambling permit. Agenda Item M-15 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: June 3, 2008 SUBJECT: St. Paul East Parks Lions Club Gambling Permit Resolution Introduction An application has been submitted for temporary gambling on behalf of the St. Paul East Parks Lions Club, 1821 N. Myrtle Street. The temporary gambling permit will be used to conduct a bingo tent at the Ramsey County Fair that will be held July 9, 2008 through July 13, 2008 from 12:00 Noon to 10:00 p.m. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the St. Paul East Parks Lions Club to hold bingo at the Ramsey County Fair located at 2020 White Bear Avenue, Maplewood to be held July 9, 2008 through July 13, 2008. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that the Council approve the above resolution for a temporary gambling permit.