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HomeMy WebLinkAbout2008 09-08 City Council Meeting AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, September 8, 2008 City Hall, Council Chambers Meeting No. 24-08 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1.Acknowledgementof Maplewood Residents Serving the Country. C. ROLL CALL Mayor?s Address on Protocol: ?Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of August 11, 2008, City Council Meeting Minutes (Second Reading) 2. Approval of August 25, 2008, City Council Workshop Meeting Minutes 3. Approval of August 25, 2008, City Council Meeting Minutes 4. Approval of August 28, 2008, A Continuation of August 25, 2008, City Council Meeting Minutes 5. Approval of August 29, 2008, Special Meeting Minutes F. VISITOR PRESENTATIONS ? PART I (Note: Visitor Presentations shall not extend past 7:00 p.m.; if time is not available to complete this item; all presenters will be instructed to remain at the meeting until this item is re-opened following Award of Bids, or return to the next Regular Meeting of the Council.) G. ADMINISTRATIVE PRESENTATIONS (Note: Items G-H shall not extend past 7:00 p.m.; if time is not available to complete these items, they shall be extended by Council motion to the end of the meeting following Visitor Presentation ? Part II.) H. COUNCIL PRESENTATIONS I. APPOINTMENTS AND PRESENTATIONS 1. Swearing in Ceremony for New Firefighters J. PUBLIC HEARINGS K. UNFINISHED BUSINESS 1. Consider Resolution Modifying Public Hearing Date for the Purpose of Modifying the TIF District Budgets and Extending the Duration of Districts 2. Consider Approval of Proposed Maximum Tax Levy Payable in 2009 3. Set Public Hearing Dates on Proposed 2009 Budget and Property Tax Levy L. NEW BUSINESS 1.Direction on Destruction of City Records 2.Approval of Claims M. CONSENTAGENDA 1.TemporaryGambling Permit ? North Star Chapter BCCA N.AWARD OF BIDS O.VISITORPRESENTATION ? 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 personsare 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 checkwith the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expectsof 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 everyonewill follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E1 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, August 11, 2008 Council Chambers, City Hall Meeting No. 21-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:35 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 Rossbach moved to approve the agenda as submitted. Mayor Longrie seconded. Ayes - All Councilmember Juenemann made a friendly amendment to add 1)Follow-up to National Night Out and 2) Ramsey County Dispatch update under Council Presentations. Councilmember Rossbach and Mayor Longrie accepted the friendly amendment to add the two items under Council Presentations. The motion passed. E. APPROVAL OF MINUTES Approval of the July 28, 2008, City Council Workshop Minutes Councilmember Rossbach said he thought when the Closed Session ended that the council took a vote but that was not reflected in the minutes. (The Recording Secretary added that information to the minutes.) Councilmember Juenemann moved to approve the July 28, 2008, City Council Workshop Minutes as amended. Seconded by Councilmember Nephew. Ayes ? All The motion passed. August 11, 2008 1 Packet Page Number 3 of 123 City Council Meeting Minutes Approval of the July 28, 2008, City Council Meeting Minutes Councilmember Nephew said on page 3, item F. 1., a. Mr. Schelling was asking at what point not atone point. Under item F. 1. c. there should be a period, not a question mark. Councilmember Nephew moved to approve the July 28, 2008, City Council Minutes as amended. Seconded by Mayor Longrie. Ayes ? All The motion passed. F. VISITOR PRESENTATIONS ? PART I 1. Anne Fosburg, 2516 Idaho Avenue East, Maplewood. Ms. Fosburg asked if the city could legally close Sterling Street without a public hearing? City Attorney, Alan Kantrud and Mayor Longrie responded to Ms. Fosburg?s question. 2. Dave Schelling, 1955 Greenbrier Street, Maplewood. Mr. Schelling discussed the cost of running a city. Mr. Schelling also discussed other matters he brought up at the July 28, 2008, city council meeting. Mr. Schelling stated he would like the City of Maplewood to print the salaries of the department heads in the City News as was done a couple years ago. He also commented on the condition of Roselawn Avenue (a street that was given to the City of Maplewood by Ramsey County) because the road is in disrepair and he asked what was going to be done about it. Mr. Schelling asked how much more debt the city can take on and what impact this will have on the residents. Mayor Longrie asked Mr. Ahl to send Mr. Schelling information regarding how much additional debt the City of Maplewood can withstand and the impact that amount of debt will have on the residents and the city. Mr. Ahl agreed to do so. 3. John Wykoff, 2345 Maryland Avenue, Maplewood. Mr. Wykoff shared his opinions regarding the following: the disfunction of the City of Maplewood, the Annual Financial Report, having Greg Copeland?s name cleared and allowing him to be rehired at the city and his concern that the owners of Wipers Recycling were beaten up. 4. Ron Cockriel, 943 Century Avenue, Maplewood. Mr. Cockriel discussed the Friends of Maplewood Nature Center 2009 Calendar. The cost is $10 and the proceeds will go to the Nature Center. Mr. Cockriel also stated there will be a photo contest for the 2010 calendar. A donation of preserves was also given to each of the councilmembers. 5. Carolyn Peterson, 1801 Gervais Avenue, Maplewood. Ms. Peterson is from the Maplewood Historical Society. Ms. Peterson invited everyone to attend Johnny Appleseed Day at the Bruentrup Heritage Farm, 2170 County Road D East in Maplewood on August 16, 2008, from 11:00 a.m. ? 3:00 p.m. there is a donation of $2. 6. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick gave his opinion regarding the disfunction of the City of Maplewood and shared opinions about other matters that he has repeated at previous council meetings. G. ADMINISTRATIVE PRESENTATIONS None. August 11, 2008 2 Packet Page Number 4 of 123 City Council Meeting Minutes H. COUNCIL PRESENTATIONS (moved to the end of the council meeting) 1. Follow Up on National Night Out ? (added by Councilmember Juenemann) 2. Dispatch Policy Update ? (added by Councilmember Juenemann) I. APPOINTMENTS AND PRESENTATIONS 1. IT Highlight Presentation ? (No Report) a. IT Director, Mychal Fowlds gave a power point presentation regarding the IT Department for 2007-2008. 2. Citizen Services Presentation ? (No Report) a. City Clerk, Director of Citizen Services, Karen Guilfoile gave a power point presentation regarding divisions within Citizen Services for 2007-2008. J. PUBLIC HEARINGS 1. Linwood Avenue Water and Sanitary Sewer Extension Under City Project 07-14 a. Assessment Hearing 7:00 p.m. b. Resolution for Adoption of Assessment Roll (3 parcels) c. City Engineer, Michael Thompson gave the report. Mayor Longrie opened the public hearing. There were no speakers to come forward. Councilmember Nephew moved to approve the Resolution for the Adoption of the Assessment Roll for the Linwood Avenue Water and Sanitary Sewer Extension Under City Project 07-14. RESOLUTION 08-08-115 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on July 14, 2008, calling for a Public Hearing, the assessment roll for the Linwood Avenue Sewer/Water Extension under Ferndale-Geranium Area Street Improvements, City Project 07-14, 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 as of August 5, 2008. 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 August 25, 2008, as to their recommendations for adjustments. 2. The assessment roll for the Linwood Avenue Sewer/Water Extension under Ferndale- Geranium Area Street Improvements as amended, without those property owners? assessments that have filed objections, a copy of which is attached hereto and made a part hereof in the form of signed assessment objection waivers for the three subject parcels, is hereby adopted. Said assessment roll shall constitute the special assessment against the August 11, 2008 3 Packet Page Number 5 of 123 City Council Meeting Minutes 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 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. th Adopted by the council on this 11 day of August 2008. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 2. Dynamic Display Sign Ordinance (Second Reading) a. Environmental Planner, Shann Finwall addressed the council, gave the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. c. Acting City Manager, Chuck Ahl answered questions of the council. Mayor Longrie opened the public hearing. 1. Chad Kulas, Saint Paul Area Chamber of Commerce, 401 Robert Street North, St. Paul. 2. Jeff Kehr, General Manager, The Myth Nightclub, 3090 Southlawn Avenue, Maplewood. 3. Ron Cockriel, 943 Century Avenue, Maplewood. Mayor Longrie closed the public hearing. Councilmember Nephew moved to approve the (Second Reading) of the Dynamic Display Sign Ordinance and licensing ordinance amendment. This code amendment modifies and adds language to the city?s sign and licensing code for dynamic display signs including modifications to the prohibited signs (Section 44-737), temporary signs (Section 44-891), and comprehensive sign plan (Section 44-736); and adds language to the city?s licensing ordinance (Section 14-26). August 11, 2008 4 Packet Page Number 6 of 123 City Council Meeting Minutes ORDINANCE NO. 889 AN ORDINANCE AMENDING THE SIGN AND LICENSING CODE TO ALLOW DYNAMIC DISPLAY SIGNS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Section 44-737 (prohibited signs): Signs that are not specifically permitted in this article are hereby prohibited. The following signs are specifically prohibited: (3) Signs that have blinking, flashing or fluttering lights. Signs that give public service information, such as time and temperature are exempt. Section 2. This amendment revises Section 44-807 (temporary signs): (i) Temporary signs with blinking, flashing, or fluttering lights or with dynamic displays are prohibited. Section 3. This amendment revises Section 44-736 (comprehensive sign plan): A comprehensive sign plan shall be provided for the following: (1) business premises which occupy the entire frontage in one or more block fronts or for the whole of a shopping center or similar development having five or more tenants in the project; (2) dynamic display wall signs; (3) large campuses consisting of buildings and land of ten or more acres, and (4) shared signs. Such a plan, which shall include the location, size, height, color, lighting and orientation of all signs, shall be submitted for preliminary plan approval by the city.; provided that, if such comprehensive plan is presented, eExceptions to the sign code schedule regulations of this article may be permitted for in the sign areas, and densities, and dynamic display changeover rates for the plan as a whole if the signs are in conformity with the intent of this article, and if such exceptionsresults in an improved relationship between the various parts of the plan, and encourages and promotes the removal of nonconforming signs through the use of shared signs. Comprehensive sign plans shall be reviewed by the community design review board. The applicant, staff, and city council may appeal the community design review board?s decision. An appeal shall be presented to city staff within 15 days of the community design review board?s decision to be considered by the city council. Section 4. Adopt an off-site and on-site dynamic display sign ordinance to be included in the city sign code (Article III, Section 44-731 through Section 44-1024) as follows: a. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction of drivers can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. In such a case, drivers may watch a sign waiting for the next change to occur. Drivers also are distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers could be more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. August 11, 2008 5 Packet Page Number 7 of 123 City Council Meeting Minutes Due to these public safety concerns, the city should only allow the use of these technologies with certain restrictions. The restrictions are intended to minimize driver distraction, to minimize their proliferation in residential districts where signs can adversely impact residential character, and to protect the public health, safety, and welfare. Local spacing requirements could interfere with the equal opportunity of sign owners to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact on drivers would be compounded in a traffic corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign?s ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, requiring a limit on display times on dynamic signs is in the public interest. A constant message is typically needed on an on-site sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way- finding purpose and could adversely affect driving conduct through last-second lane changes, stops, or turns, all of which could result in traffic accidents. In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off and on-site signs but with significant controls to minimize their proliferation and their potential threats to public health, safety, and welfare. b. Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light- emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement are exempt from this ordinance. c. Noncommercial dynamic display signs are allowed wherever commercial dynamic display signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. d. Standards for all dynamic display signs: (1) The images and messages displayed on the sign must be complete in themselves, without continuation in content to the next image or message or to any other sign; (2) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. (3) Dynamic display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to discontinue the display if it malfunctions, and the sign owner must stop the dynamic display within one hour of being notified by the city that it is not meeting the standards of this ordinance. (4) Dynamic display signs must meet the brightness standards contained in subdivision (h) below August 11, 2008 6 Packet Page Number 8 of 123 City Council Meeting Minutes e. On-site dynamic display signs are allowed subject to Article III (Sign Regulations) of the city?s zoning code, the above-mentioned standards for all dynamic display signs, and the following additional conditions: (1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M-2 and M- 1) zoning districts only. (2) The images and messages displayed on the on-site dynamic display sign must be static and each display must be maintained for a minimum of two minutes; and the transition from one static display to another must be instantaneous without any special effects. (3) Are allowed as part of a permanent freestanding sign, provided that the sign comprises no more than 50 percent of the total square footage of said sign face. (4) Must be located at least 200 feet from any property which there exists structures used for residential purposes or from any park or open space land use district. (5) Must be located at least 100 feet from any side property line. (6) Display and advertisement of products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises only or which give public service information. f. Off-site dynamic display signs are allowed subject to Sections 44-836 ? 44-841 (Billboards) of the city?s zoning code, the above-mentioned standards for all dynamic display signs, and the following additional condition: The images and messages displayed on the sign must be static and each display must be maintained for a minimum of 15 seconds and the transition from one static display to another must be instantaneous without any special effects. g. Incentive. Off-site signs do not need to serve the same way-finding function as do on-site signs and they are distracting and their removal serves the public health, safety, and welfare. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off-site signs in certain settings. This sign removal results in an overall advancement of one or more of the goals set forth in this section that should more than offset any additional burden caused by the incentive. These provisions are also based on the recognition that the incentive creates an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout Maplewood. Reduction of Sign Surfaces (1) A person or sign operator may obtain a permit for a dynamic display sign on one surface of an existing off-site sign if the following requirements are met: (a) The applicant agrees in writing to reduce its off-site sign surfaces by one by permanently removing, within 15 days after issuance of the permit, one surface of an off-site sign in the city that is owned or leased by the applicant, which sign surface must satisfy the criteria of part (2) of this subsection. This removal must include the complete removal of the structure and foundation supporting each removed sign surface. The applicant must agree that the city may remove the sign surface if the applicant does not do so, and the application must identify the sign surface August 11, 2008 7 Packet Page Number 9 of 123 City Council Meeting Minutes to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city?s costs for that removal. The applicant must also agree that it is removing the sign surface voluntarily and that it has no right to compensation for the removed sign surface under any law. Replacement of an existing sign surface of an off- site sign with a dynamic display sign does not constitute a removal of a sign surface. (b) If the removed sign surface is one that a state permit is required by state law, the applicant must surrender its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until the sign owner or operator provides proof to the city that the state permit has been surrendered. (2) If the applicant meets the permit requirements noted above, the city shall issue a dynamic display sign permit for the designated off-site sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than once every 15 seconds. The designated sign must meet all other requirements of this ordinance. h. Brightness Standards. (1) The following brightness standards are required for all dynamic display signs: (a) No sign shall be brighter than is necessary for clear and adequate visibility. (b) No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver?s operation of a motor vehicle. (c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (2) The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city?s instructions. The adjustment must be made within one hour upon notice of non-compliance from the city. (3) All dynamic display signs installed after August 20, 2008, must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one hour after being notified by the city that it is not meeting the standards of this section. (4) In addition to the brightness standards required above, dynamic display signs shall meet the city?s outdoor lighting requirements (section 44-20(1)). i. Public Safety. If city staff determines that a dynamic display sign is not being operated pursuant to this ordinancedue to its location or display capabilities, city staff can require that the sign be moved, removed, or modified after notice to the property owner. Section 5. Adopt an off-site and on-site dynamic display sign licensing ordinance to be included in the city licensing code (Article II, Section 14-26 through Section 14-1437) as follows: August 11, 2008 8 Packet Page Number 10 of 123 City Council Meeting Minutes a. Purpose and Findings. The purpose and intent of this chapter is to establish rules, regulations and standards for dynamic display signs within the City of Maplewood. b. Definitions. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light- emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement used are exempt from this ordinance. *State law references ? The 1965 Highway Beautification Act and corresponding state laws are in place to provide for effective control of outdoor advertisement. Roadside billboards fall under this category. It is the intent that the cities regulations adhere to these overriding federal and state statutes. c. License Required. No person shall operate an off-site or on-site dynamic display sign in the city without first obtaining a license. Licenses are required to be reviewed annually. d. License Fee and Term of License. Licenses issued pursuant to this chapter are transferable from one owner to another. The amount to be paid for a license required by this chapter shall be equal to the cost of the dynamic display sign permit, established and fixed by the city council, by resolution, from time to time. e. Application for Issuance of License. Applications for a license required by this chapter shall be made to the city on a form supplied by the city, a minimum of thirty (30) days prior to the desired start date. The applicant shall state the full name and address of the applicant; the full business name and address of the applicant; contact phone numbers; the location/legal description of the premises where said dynamic billboard will be located; a letter describing operation; a site plan showing location of the dynamic display sign, and such other information as required by the applicant form. f. Application Process. The completed application shall be presented to the city clerk for review by the community development department. If the community development department finds the license meets the dynamic display sign code requirements, the city clerk shall issue a license. g. Inspection. The premises of any licensee under this chapter shall be open to inspection at any time during business hours by any authorized officer of the city. h. Duration; renewal. Any license issued under this chapter shall be for one year only, and the application for renewal must be presented to the city clerk each year. The city shall have the right not to reissue a license for a dynamic display sign if the sign is found to be noncompliant with the city?s dynamic display sign code. The licensee has the right to appeal such license denial to the city council. Section 6. This ordinance shall take effect after the city publishes it in the official newspaper. The City Council approved the first reading of this ordinance on July 28, 2008. The City Council approved the second reading of this ordinance on August 11, 2008. August 11, 2008 9 Packet Page Number 11 of 123 City Council Meeting Minutes _______________________________ Mayor Attest: ________________________________ City Clerk Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Hjelle, & Nephew Nay ? Councilmember Rossbach Abstain ? Councilmember Juenemann The motion passed Councilmember Nephew directed staff as the next step in this process, to bring possible language back to the council for the creation of special districts. Mr. Ahl said staff would respond to that direction. Councilmember Nephew moved to approve the Resolution setting a licensing fee for Dynamic Displays at a rate to match the sign permit fees, currently $160 for freestanding signs and $105 for wall signs. Dynamic Display Sign Licensing Fee Resolution 08-08-117 WHEREAS, the City of Maplewood has adopted a dynamic display sign ordinance to regulate the number, location, and use of dynamic display signs within the city. WHEREAS, a dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light- emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement are exempt from this definition. WHERAS, the city has determined that there will be costs associated with additional monitoring and enforcement of dynamic display signs and as such have included a licensing requirement and fee for persons who operate an off-site or on-site dynamic display sign in the city in order to recoup those costs. Licenses are required to be reviewed annually. WHEREAS, Section 14-27 of the city?s licensing ordinance states that license fees associated with a license shall be imposed, set, established and fixed by the city council from time to time. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council sets the yearly dynamic display licensing fee to match the yearly sign permit fee for freestanding and wall signs, currently set at $160 for freestanding signs (including billboards) and $105 for wall signs (2008 rates). August 11, 2008 10 Packet Page Number 12 of 123 City Council Meeting Minutes The Maplewood City Council adopted this resolution on August 11, 2008. Seconded by Councilmember Hjelle. Ayes- All The motion passed. There was no further action recommended regarding the recommendation for the community center sign and all city hall campus signs and the CDRB review for an approved comprehensive sign plan at this time per the discussion amongst the council, city attorney, and staff. The Council took a break at 8:50 p.m. The Council reconvened at 9:00 p.m. K. UNFINISHED BUSINESS 1. Carver Crossing Development ? Consider Approving Development Contract with CoPar for Settlement of Litigation and Development Plan. a. John M. Baker, Attorney, Greene Espel, PLLP, 200 South Sixth Street, Suite 1200, Minneapolis, addressed the council, gave the report and answered questions. Mr. Baker provided the council with updated information for the record which occurred after the council packet was completed. b. Chuck Ahl, Acting City Manager, answered questions of the council. c. Alan Kantrud, City Attorney, addressed and answered questions of the council. d. Howard Roston, Attorney, Malkerson, Gilliland, Martin LLP, 200 Sixth Street South, Suite 1900, Minneapolis, addressed and answered questions of the council. The following are comments or questions that the Mayor requested be added for the record to the August 25, 2008, city council meeting minutes. Mayor Longrie asked if a payment of a special assessment is missed in a particular year and it?s an assessment against the property but the payment has been missed does the city have the right to foreclose against that the parcel or parcels? Mayor Longrie said she was concerned what the remedy for the city is if this doesn?t work out. Mr. Baker said Section 429 protects city?s under those circumstances. Councilmember Nephew said to clarify, the assessment gets handed to the individual homeowners that buy the lots and they pay the assessment over the 15 years or so that they own the property. Acting City Manger Ahl said the city would assess each individual lot and then at closing time most closing companies will not provide funds if the assessments are paid by the seller so in this case nobody is going to buy the property until the assessments are paid off by the developer. Should the property not get sold then the city has the first claim against the property. The city is in front of any mortgage company for the land and can go in and claim the property if necessary and resell it for its value and the expenses included in it. Mayor Longrie asked if the city has the flexibility to reasonably ask for the projected first year?s lien amount assessment if the city can project what the assessment would be for the first year in escrow? Mr. Baker said they were trying to use the security provision to cover the gap and to protect the city for the gap of what wouldn?t be covered prior to the time it had the ability August 11, 2008 11 Packet Page Number 13 of 123 City Council Meeting Minutes to assess. Because it has the ability to assess, they didn?t try to get additional money to be paid above and beyond the amount of its preliminary engineering costs. They believed that getting compensation for the amount of cost the city was going to incur rather than getting over compensation under these circumstances provided a security for the city. Mayor Longrie asked if they are going to have a lien that is going to be assessed that they are going to have to pay, why would it be an over assessment? Mr. Baker said the $30,000 escrow is the cash escrow for the preliminary engineering costs that the city is incurring in advance of the ability to assess those things. What this does is it provides the ability for the city to draw upon that rather than upon its own resources as those costs were incurred prior to that point. That is the function of this security provision. Mr. Ahl said before the city holds its public hearings the city doesn?t have the right to assess. In order to have that preliminary work done the city is having them post the $30,000 so the city has no risk. Once the city has gone to an assessment hearing that amount is levied and therefore the city is guaranteed that money. It is guaranteed by land rather than being guaranteed by the finances of the developer. It is guaranteed to the city by the value of the land. The city has their money. The city can go and recover all of those expenses so in no case is the city out. It is a double security for them and one the developer wasn?t willing to agree to because the city has their security, why would the city need security on the security. Mayor Longrie said Mr. Ahl answered her question, he said they didn?t agree? Mr. Ahl said correct. Mayor Longrie said if the city finds them in a position where they need to foreclose to get their money from the city improvements that were constructed, does Section 429 provide for the legal cost and the other cost of foreclosure as part of that process. City Attorney Kantrud said he would say yes. If the city has to go after the city?s cost it is a taxpayer cost to secure the security and the city would apply that to the property and either do something with the property or sell it at a public auction for a minimum. Mr. Ahl said because it is listed on the property tax statement, Ramsey County does that for the city. Every year there is a list of tax forfeited properties and on the list are the value of the land to be sold, payment of the special assessments and back taxes to all the jurisdictions and assessments as part of this. Included in that are all of the administrative expenses as well. Mayor Longrie said this is a developer agreement where the city has an agreement with them, which is different than tax forfeit land. The city has a lien against the land, the city can foreclose, and the city isn?t looking to Ramsey County to foreclose because it?s not a tax forfeit situation. It?s that the assessment liens haven?t been paid so in order to get paid the city has the option that the city can foreclose on the property. City Attorney Kantrud said on page 14, regarding remedies, the city hasn?t waived any legal remedies and if the city wanted to take action on the contract the city could sue and would ask for the fees to remedy the situation. Mr. Ahl said the city?s intent is to assess the land. If CoPar has sold land to someone and they have not paid the assessments the city is going against land that may or may not be owned by CoPar. Whoever pays their property tax statement they pay that to Ramsey August 11, 2008 12 Packet Page Number 14 of 123 City Council Meeting Minutes County and they pay it back to the City of Maplewood. Included in that are the annual installments. If they default on that the property and it goes tax forfeit anyone taking or buying tax forfeit property has to pay all the fees so it does go through Ramsey County and the city gets all their expenses for that collection. The assessments are part of the property tax statement. All of those expenses have to be cleared before the property is released once it goes tax forfeit. Tax Forfeit and non payment of assessment are on the similar statement. Mayor Longrie said she thought Mr. Ahl said when there is a development and when the developer sells that parcel to somebody that those assessments have to be paid up front in order to be able to sell that parcel? Mr. Ahl said all lending agencies and closing companies have that as a requirement. For someone to go and buy a parcel from CoPar and for the closing company to give them a mortgage they would require the seller to pay the assessments. That is not a requirement of the city. If they have cash on the site and that is the buyer and sellers agreement they might pass the assessments through at which point someone else may be liable for the property taxes and special assessments. However, that is very very rare that someone would pay cash and not have a mortgage. Mayor Longrie asked if anyone in the audience wanted to speak regarding this item. 1. Ron Cockriel, 943 Century Avenue, Maplewood, addressed the council. Mr. Cockriel commented on the CoPar property and asked if the developer could build a show home or two on the south side of Fish Creek. Mr. Cockriel also asked about the potential of a referendum and if the city would be agreeing on a price for the property south of Fish Creek. Mr. Cockriel also asked about trail ways and their location in the area. 2. George Gonzales, 2359 Heights Avenue, Maplewood, addressed the council. His concern as a resident was regarding a statement in the packet which was provided by Mr. Baker on page 8, section 2.5, a., ii. The underwriting fee wording needs to be clarified. 3. Carolyn Peterson, 1801 Gervais Avenue, Maplewood, addressed the council. Ms. Peterson discussed her concerns regarding the legal questions in the development agreement. Mayor Longrie said she personally does not think the council should be approving something without seeing the final draft of the document. She said this should be tabled until the next council meeting. This is a very important subject for our community. It?s worth the time and effort to discuss something important for our community. There are times when you need to draw the line and say this is what you want for your community and this is what you want your community to be. This community is ours and that the quality of life is very important. The council has to stand for what they want. Sometimes you make decisions based upon a quality of life and a quality of what the council is looking at. She doesn?t want people to lose site of this particular site. This is Maplewood?s only Mississippi Critical Area. She thinks there is an impact with 174 units and felt there is no difference from 191 units. Everyone has their own vision and their own idea of what the quality of life is and what it is that the city should preserve. She thinks it?s important for Maplewood to have done more for the Mississippi Critical Area because you can?t reconstruct a precious place like this. These are the following changes to be made to the agreement: (A new Developers Agreement was added to the minutes after the August 11, 2008, City Council Meeting from Greene Espel LLC.) August 11, 2008 13 Packet Page Number 15 of 123 City Council Meeting Minutes th 1. Page 7, Section 2.2, a., 29 line, after the word City, add (some or). rd 2. Page 8, first paragraph, 3 line, at the end of the sentence, change the period to a comma and add Except that the city may extend this period by 3 months upon 90 days notice to the developer. 3. Section 2.5, the header, the word Public should be changed to City. 4. Same page, in Section 2.5, a., ii., seven lines down, change Public Improvements to City. 5. In the previous sentence rather than saying the city shall not assess for its underwriting fees it should say The City may assess for its reasonable underwriting fees. 6. Also change Exhibit H. which will say July 1, 2009, instead of just 2009. 7. They also need to expand the margins of the document. Councilmember Rossbach moved to recommend approval of the Development Contract with CoPar for Settlement of Litigation and Development Plan with noted changes as discussed at the council meeting between the council and the attorney?s, contingent upon the city council seeing a final copy of the contract that reflects the changes discussed during the city council meeting. CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA DEVELOPER?S AGREEMENT FOR CARVER CROSSING DEVELOPMENT THIS AGREEMENT , made and entered into this 11th day of August, 2008, by and between the City of Maplewood, a municipal corporation and political subdivision organized under the laws of the State of Minnesota (hereinafter referred to as ?City?), and CoPar Development, LLC, a Minnesota limited liability company (hereinafter referred to as ?Developer?). WITNESS: WHEREAS, the Developer is the fee owner of the Real Property described on Exhibit A hereto (?Property?); WHEREAS, the Developer has sought approval from the City and the City has approved the development of the Property in accordance with the terms of this Agreement, Resolutions 08-05-068, 08- 05-069 and 08-05-070 (collectively, ?Resolutions,? attached hereto as Exhibit I) and the Development Plans, each of which are incorporated herein by reference; WHEREAS, the City Council of the City (the ?Council?) has, by the Resolutions passed on May 12, 2008, (1) approved a Conditional Use Permit for a Planned Unit Development of the Property (2) Directed the Vacation of Existing Easements, (3) Approved a Preliminary Plat and (4) approved settlement concepts regarding the resolution of certain litigation (Ramsey County Court File No. 62-C5- 06-010746) by and between the Developer and the City; WHEREAS, the development of the Property by the Developer consists of a project (?Project?) more particularly described in the Documents and as further described in this Agreement. Generally, the Project consists of 174 unit single family residential development with conservation easements, 300 foot protected corridor for Fish Creek and approximately 29.35 acres of open space; WHEREAS, the City acknowledges that the Developer may develop the Property in phases as described herein; August 11, 2008 14 Packet Page Number 16 of 123 City Council Meeting Minutes WHEREAS, the City acted as the Responsible Governmental Unit (?RGU?) in connection with a discretionary Environmental Assessment Worksheet and resolution dated July 10, 2006 the City Council issued a negative declaration on the need for an Environmental Impact Statement; WHEREAS, the Developer agrees that development of a certain portion of the Property (depicted on Exhibit A) will be delayed under the terms as set forth herein; WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes Section 462.358, Subd. 2(a); and WHEREAS, the Findings attached hereto as Exhibit B are incorporated by reference. WHEREAS, the parties hereto desire to set forth their respective rights and obligations of the parties to this Agreement with respect to development of the Subdivision. AGREEMENT: NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: I. DEFINITIONS The following terms, unless elsewhere defined specifically in the Development Contract, shall have the meanings as set forth below. 1.1 City. ?City? means the City of Maplewood, a Minnesota municipal corporation. 1.2 Developer. ?Developer? means CoPar Development, LLC. 1.3 Owner. ?Owner? means CoPar Development, LLC. 1.4 Plat. ?Plat? means the plat of Carver Crossing Development comprising the real property located in the City of Maplewood, County of Ramsey, State of Minnesota, and legally described on the attached Exhibit A. 1.5 Development Plans. ?Development Plans? means all those plans, drawings, specifications and surveys identified and checked on the attached Exhibit C, and hereby incorporated by reference and made a part of this Development Contract and described below: a. Preliminary Plat. b. Site Plan. c. Concept Plan with Referendum Areas. d. Grading, Erosion Prevention, and Sediment Control Plan. e. Utility Plan. f. Storm Water Management Plan. g. Wetland Mitigation/Rain Garden Plan. h. Tree Preservation Plan. i. Open Space Plan. j. Master Landscape Plan. k. Landscape Plan - North One-Half. l. Landscape Plan ? South One-Half. m. Landscape Plan Planting Schedule and Details. . 1.6 Development Contract or Agreement ?Development Contract? or ?Agreement? means this agreement by and between the City and the Developer. August 11, 2008 15 Packet Page Number 17 of 123 City Council Meeting Minutes 1.7 Council. ?Council? means the Council of the City of Maplewood. 1.8 City Engineer. ?City Engineer? means the City Engineer of the City of Maplewood, as authorized by the Council. 1.9 County. ?County? means Ramsey County, Minnesota. 1.10 Other Regulatory Agencies. ?Other Regulatory Agencies? means and includes, jointly and severally, the following: (a) Minnesota Department of Transportation; (b) Ramsey County; (c) Ramsey-Washington Watershed District; (d) State of Minnesota; (e) Minnesota Department of Natural Resources; (f) Army Corps of Engineers; (g) Any other regulatory or governmental agency or entity affected by, or having jurisdiction over the Developer Improvements. 1.11 Utility Companies. ?Utility Companies? means and includes, jointly and severally, the following: (a) utility companies, including electric, gas, cable television and telephone; and (b) pipeline companies. ? 1.12 Property.Property? means the property described on Exhibit A to this Development Contract. 1.13 Developer Improvements. "Developer Improvements? means and includes, jointly and severally, all the improvements identified in Article II and on the attached Exhibit D. 1.14 City Improvements. ?City Improvements? means and includes, jointly and severally, all the improvements identified in Article II of this Agreement and on the attached Exhibit E. 1.15 Improvements. ?Improvements? means both the City Improvements and the Developer Improvements. 1.16 Developer Default. ?Developer Default? means and includes, jointly and severally, any of the following or any combination thereof: a. failure by the Developer to construct the Developer Improvements according to the Development Plans and the City standards and specifications as set forth herein; b. failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Development Contract; c. breach of the Developer Warranties. 1.17 Force Majeure. ?Force Majeure? means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated August 11, 2008 16 Packet Page Number 18 of 123 City Council Meeting Minutes weather conditions for the geographic area), riots, insurrections, vandalism, trespass, disease, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.18 Developer Warranties. ?Developer Warranties? means that the Developer hereby warrants and represents the following: a. Authority. Developer has the right, power, legal capacity and authority to enter into and perform its obligations under this Development Contract, and no approvals or consents of any persons are necessary in connection with the authority of Developer to enter into and perform its obligations under this Development Contract. b. No Default. Developer is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this Development Contract. Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this Development Contract by Developer or prohibit any of the transactions provided for in this Development Contract. c. Present Compliance with Laws. Developer has complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the Plat and the Development Plans and the Developer Improvements; and Developer is not aware of any pending or threatened claim of any such violation. d. Continuing Compliance with Laws. Developer will comply with all applicable federal, state and local statutes, laws and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the Plat and the Development Plans and the Developer Improvements. e. Warranty on Proper Work and Materials. The Developer warrants all work required to be performed by it under this Development Contract against defective material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City in the form set forth on Exhibit F. During the warranty period, the Developer shall be solely responsible for all costs of performing repair work required by the City within thirty (30) days of notification. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free for one (1) year after planting. Any replacements shall be similarly warranted for one (1) year from the time of planting. In addition, the warranty period for drainage and erosion control improvements shall be for one (1) year after completion and acceptance by the City; the warranty for the drainage and erosion control improvements shall also include the obligation of the Developer to repair and correct any damage to or deficiency with respect to such improvements. The warranty for the asphalt roadway extends for one (1) year after the installation of the final asphalt lift. All other warranty periods begin at the date when each improvement is accepted by the City. f. Obtaining Permits. The Developer shall obtain and pay for all required permits, licenses and approvals, and shall meet all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the Developer Improvements may be lawfully constructed. 1.19 City Warranties. ?City Warranties? means that the City hereby warrants and represents as follows: August 11, 2008 17 Packet Page Number 19 of 123 City Council Meeting Minutes a. Organization. City is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. b. Authority. City has the right, power, legal capacity and authority to enter into and perform its obligations under this Development Contract. c. Approval. The Development Plans have been approved and all actions required by the City have been satisfied to permit the development in accordance with the Development Plan. 1.20 Formal Notice or Notice. ?Formal Notice? or ?Notice? means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to City: City of Maplewood Attn: City Manager 1830 County Road B East Maplewood, Minnesota 55109 If to Developer: CoPar Development, LLC Attn: Tom Hansen 8677 Eagle Pt. Blvd. Lake Elmo, Minnesota 55402 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. 1.22 City Code or Ordinance. ?City Code? or ?Ordinance? means the City?s Code of Ordinances, and any applicable regulations and/or policies and specifications implementing the same, in effect as of the date hereof. 1.23 Referendum Property. ?Referendum Property? means the property as described on Exhibit G identified as Lots 2 through 17, Block 10 and that portion of Outlot E as described on Exhibit G. 1.24 Referendum Lots. ?Referendum Lots? means Lots 2 through 17, Block 10 of Exhibit G. 1.25 Development. ?Development? means the Improvements to the Property in accordance with the terms of this Agreement. 1.26 Project. The term ?Project? is defined as set forth in paragraph 2.1 of this Agreement. II. DESCRIPTION OF THE PROJECT; DEVELOPER IMPROVEMENTS; CITY IMPROVEMENTS 2.1 The Project includes both Developer Improvements and City Improvements in accordance with the Resolutions and the Development Plans (?Project?), and the Documents. August 11, 2008 18 Packet Page Number 20 of 123 City Council Meeting Minutes 2.2 City Staff is directed to take all reasonable actions necessary and convenient to facilitate the development of the Improvements on the Property and the Project in accordance with the Development Plans and this Agreement. Developer shall construct Developer Improvements in accordance with the Development Plans and the Ordinances of the City. Notwithstanding anything to the contrary the Developer Improvements may be installed in phases in accordance with the anticipated phasing scheduled attached hereon as Exhibit H. The parties recognize that the phasing schedule on Exhibit H is an estimate only. With the exception of compliance with CUP Resolution condition No. 2 regarding the start of proposed construction and deferral of development of the area potentially subject to the 2008 referendum, the timing of the development may vary depending on market conditions and other circumstances not within the Developer?s control. Regarding CUP Resolution condition No. 2, a substantial start on the proposed construction north of Fish Creek shall constitute satisfaction of that condition for purposes of the Development. a. Developer?s Agreement to Withhold Development on the Referendum Property. Developer agrees that the Referendum Property shall not be developed and no Developer or City Installed Improvements shall be constructed on the Referendum Property prior to June 30, 2009 (?Referendum Date?). Rather, the City may seek funding sources from any source deemed appropriate by the City for the purchase of all or a portion of the Referendum Property by the Referendum Date. The Purchase Price for the Referendum Property shall be $150,000 per Referendum Lot purchased by the City and, if the City purchases the entire Referendum Property, the purchase price shall be $2,400,000 (?Referendum Purchase Price?). In the event that the City notifies the Developer not later than thirty (30) days before the Referendum Date of its intent to acquire the Referendum Property for the Referendum Purchase Price, the Developer shall no later than June 30, 2009 (?Closing Date?) convey the Referendum Property to the City for the Referendum Purchase Price and the City shall complete the purchase of the Referendum Property by the Closing Date. Both the City and the Developer shall execute all documents and take all actions reasonably necessary to convey the Referendum Property to the City in the event that the City timely notifies the Developer of the City?s intent to acquire the Referendum Property. While the City can elect which Referendum Lots to purchase, the City may not acquire less than full Referendum Lots and all Referendum Lots purchased by the City shall be contiguous. In the event that the City does not timely notify the Developer of its intent to purchase the Referendum Property by the Referendum Date, the Developer may thereafter, at its discretion, develop the Referendum Property in accordance with this Agreement. In the event that the City timely exercises its rights to purchase the Referendum Property hereunder, the City may also require the developer to convey to the City some or all green space identified as the Open Space Plan (Exhibit C, Sheet C-10) (?Green Space?) to the City for the purchase price of $1.00. In the event that the City acquires the Referendum Property and the Green Space, the City shall not thereafter develop or permit development of the Referendum Property or the Green Space. 2.3 City Installed Improvements. In accordance with the Ordinances of the City, the City Improvements shall be constructed and installed by the City and thereafter assessed to the benefiting property owners as set forth in this Agreement. The City Improvements shall be completed in accordance with the phasing schedule Exhibit H and no later than six (6) months after Developer notifies the City in writing of the need for the City Improvements for any phase of the Development. Time is of the essence for the completion of those City Improvements for those phases for which the Developer provides six months? prior notice to the City of the Developer?s commencement of development of that phase, except that the City may extend this period by up to three additional months because of weather, by giving 90 days notice to the Developer. The Developer shall have joint approval over the final design for all City Installed Improvements, provided that both the Developer and the City agree that the final August 11, 2008 19 Packet Page Number 21 of 123 City Council Meeting Minutes design for the City Installed Improvements shall be consistent with Exhibit E. The City shall be responsible for obtaining any required permits for all City Installed Improvements. 2.4 Construction Meetings. At least three (3) business days prior to commencing construction of the Developer Improvements or the City Improvements (and any Phase thereof), the Developer and the City shall hold a pre-construction conference. 2.5 Repayment of Costs of City Improvements. a. Special Assessments. i. The initial costs of the City Improvements shall be paid by the City. The costs of the City Improvements shall be repaid through the levy of special assessments against the Property. The special assessments shall be payable by installments, and the installments shall be spread over fifteen (15) years from the date that the assessment is levied in accordance with Minnesota Statutes Chapter 429. The City will specially assess for the City Improvements at the exact cost of the bond-sale and at the same rate issued to the City. The special assessments for each category of Public Improvements shall be levied as set forth in paragraph 2.8 below and in accordance with Minnesota Statutes, Chapter 429. ii. The costs of the City Improvements that may be specially assessed include only those cost set forth on Exhibit E. The Developer shall reimburse any reasonable costs incurred by the City for engineering, legal and administrative services associated with the project, which shall not include any costs arising from the Litigation or its settlement. The City may assess for its reasonable underwriting fees. The final costs of such Public Improvements will be determined in accordance with Minnesota Statute Chapter 429. The City agrees that the assessments will be spread against the lots in the Subdivision and subsequent Phases in a manner reasonably acceptable to the City and Developer, provided, however, that the parties acknowledge and agree, to the extent permitted by law, that (a) to the extent any of the City Improvements benefit subsequent Phases, a portion of the costs thereof that is directly correlated to the benefit derived from the improvements may, at the request of the Developer, be assessed against such subsequent Phases, (b) at the request of the Developer, certain lots to be developed by the Developer shall bear a greater portion of the assessments charged to the lots in the Subdivision, and (c) the special assessments shall be paid over a fifteen (15) year period. iii. Developer and its successors waive any and all procedural and substantive objections to the special assessments, including, but not limited to, any claim that any assessment exceeds the benefit to the property served. iv. Developer and its successors waive any appeals and rights otherwise available pursuant to Minnesota Statutes Sections 429.036 and 429.081. 2.6 [RESERVED] 2.7 Force Majeure. The deadlines set forth in Exhibit J and the dates for Developer?s and City?s performance of their other obligations hereunder may be extended due to Force Majeure. In the event of Force Majeure, the deadlines and dates for performance of the Developer?s and City?s obligations hereunder shall be extended for the period of the delay. August 11, 2008 20 Packet Page Number 22 of 123 City Council Meeting Minutes 2.8 Security. Developer agrees to provide financial security as set forth in either Option A or Option B below (at Developer?s option). Option A. Prior to preliminary engineering by the City for each phase of the Development, the Developer shall provide to the City a cash escrow equivalent to the City?s reasonable estimate of its preliminary engineering fees, determined for the first phase of the Project to be $30,000 and shall waive all objections to the City?s immediate assessment against the Property of the full amount of the City?s estimated expenses for the City?s Improvements for each phase. For all phases of the Development after the first phase, the Developer shall provide to the City a cash escrow equivalent to the City?s reasonable estimate of its preliminary engineering fees for that particular phase not to exceed the actual and reasonable costs thereof and shall waive all objections to the City?s immediate assessment against the Property of the full amount of the City?s estimated expense for the City for each phase of the Development. Option B. In lieu of Option A, the Developer shall provide to the City a cash escrow in the form of a letter of credit for 125 percent (125%) of the amount of the City?s Improvements as reasonably estimated by the City for each phase of the Development. Said letter of credit shall be effective until the City conducts an assessment hearing and shall be released when the special assessments have been levied by the City against all of the lots in the Property for any phase of the Development. Developer shall provide to the City the letter of credit prior to the City?s letting of the construction contract for the City Improvements for each phase of the Development. The City agrees that if the Developer sells lots prior to the levy of the assessments herein for any phase of the Development, the City will reduce the amount of the Letter of Credit delivered by the Developer and accept replacement security from the purchaser of said lots in a form of cash escrow or replacement letter of credit. III. PLAN PREPARATION, SUBMISSIONS AND APPROVALS . The Developer or its consultant shall be 3.1 Developer Improvement Plan Approvals responsible for preparing the plans and specifications for the Developer Improvements including bidding documentation, following a pre-design conference with the Developer and Developer?s engineer. The City Engineer?s approval shall not be unreasonably withheld and shall be granted if the plans and specifications are in conformance with the Development Plans applicable thereto, the terms of this Agreement and the requirements of governmental authorities other than the City that will issue permits or licenses for such improvements. Developer and the City Engineer shall use their best efforts to resolve any differences they may have with respect to the plans and specifications. If the City Engineer does not specifically approve, comment upon or reject the plans and specifications within ten (10) Business Days of submittal of the same to the City Engineer, then the plans and specifications shall be deemed approved. 3.2 City Improvement Plan Approvals. The City or its consultants shall prepare the plans and specifications for the City Improvements in a timely fashion to ensure that the City Improvements for each phase are constructed in a timely fashion as set forth in paragraph 2.3 of this Agreement. The City shall consult with the Developer in connection with the plans and specifications for the City Improvements, but the City?s design thereof shall be final. IV. WARRANTIES The Developer hereby makes and states the Developer Warranties. The City hereby makes and states the City?s Warranties. 4.1 Installation; Certification. Upon completion of construction of any category of Developer Improvements, and correction of any defective work as provided herein, Developer shall cause its engineer to inspect the same and to certify to the City and Developer that the same have been finally August 11, 2008 21 Packet Page Number 23 of 123 City Council Meeting Minutes ?Certificate of completed in substantial accordance with the Development Plans therefore (the Completion? ). 4.2 Acceptance of Developer Improvements. Upon receipt of the Certificate of Completion of any category of Developer Improvements, the City?s Authorized Representative will, within ten (10) Business Days of receipt of the Certificate of Completion, inspect the Developer Improvements to ensure that the Developer Improvements were constructed substantially in accordance with the approved plans and specifications for the Developer Improvements and shall either (i) certify to the City and the Developer that the same have been substantially completed in accordance with the approved plans and specifications therefore, or (ii) notify the City and the Developer in writing and in reasonable detail as to those components of construction that have been substantially completed in accordance with the approved plans and specifications therefore; in which event, the Developer shall proceed with reasonable diligence to complete or correct the incomplete or defective components of construction, after which the Developer shall request re-inspection and certification of completion in accordance with the provisions of this Section. If the City?s Authorized Representative does not, within such ten (10) Business Day inspection period, either validate the accuracy of the Certificate of Completion or provide notice of defective or incomplete components of construction as contemplated above, the Developer Improvements shall be deemed to be completed in substantial accordance with the approved plans and specifications therefore. Developer shall submit the Developer Improvements for acceptance to the City for action, and the City shall, by formal motion, accept the Developer Improvements so constructed and agree to assume all liability for maintenance of Developer Improvements upon the expiration of the Developer Warranties. V. FEES AND CHARGES Provided the City complies with the terms of this Agreement, Developer shall pay: a. Recording Fees. All fees and charges in connection with recording this Agreement and the Plat with the County. b. Park Dedication. Developer shall pay a park dedication fee of $574,200 ($3,300.00 per unit). In recognition of Developer?s agreement to withhold development of the Referendum Property as set forth herein, the City agrees not to increase its park dedication fee in connection with the development of the Project prior to June 30, 2009. In the event that the City acquires the Referendum Property or no fewer than eight (8) of the Referendum Lots in accordance with Article II of this Agreement, the Park Dedication Fee shall be paid upon the closing of the City?s purchase of the Referendum Property. The Park Dedication Fee shall be reduced by $3,300.00 for each Unit of the Referendum Property purchased by the City. In the event that the City does not exercise its rights to purchase the Referendum Property (a) the Developer may, at its discretion (a) pay the entire Park Dedication fee or (b) pay or cause to be paid the Park Dedication Fee on a per unit basis of $3,300.00 at the time that a building permit is sought and received for each individual Unit in the Project. The Developer may, at its discretion, assign the Park Dedication Fee (at the greater of $3,300.00 per unit or the then current park dedication fee) to any purchaser or builder of an individual lot. c. Other Fees. The Developer shall pay at the time of issuance of a building permit for each individual lot all other customary, reasonable and lawful fees required by Other Regulatory Agencies. The City shall not assess any fees to the Project other than set forth herein. This limitation shall not apply to City improvements not included in or contemplated in the Development Plans. August 11, 2008 22 Packet Page Number 24 of 123 City Council Meeting Minutes VI. OTHER PERMITS; APPROVALS; CERTIFICATES OF OCCUPANCY 6.1 Other Regulatory Agencies. The Developer shall apply for all permits, approvals and licenses required from any Other Regulatory Agency as may be necessary for Developer?s construction of the Developer Improvements as herein contemplated, and Developer shall construct the Developer Improvements in accordance with the requirements of all such permits, approvals and licenses and the legal requirements thereof. 6.2 Initial Permits and Model Permits. Any provision of this Agreement that requires the Developer Improvements to be completed prior to issuance of building permits for residential units within ?Models? the Project shall not apply to building permits for single-family model homes (collectively, the ), which may be issued prior to the completion of the City Improvements. 6.3 Subsequent Building Permits. Other than building permits for the Models, no building permits shall be issued for construction of a residence within the Subdivision until the following conditions have been satisfied: a. For each residential unit for which a building permit is requested (including the models), the applicant shall pay a water connection fee and a sanitary service connection fee in accordance with City Ordinances and fee schedules then in effect. b. The Final Plat (or a portion thereof if Developer elects to proceed in phases as set forth below) and this Developer?s Agreement must be recorded with the County. c. With respect to the lot for which a permit is requested, the drainage, grading and erosion control plan for such lot must be submitted and approved by the City Engineer. d. All other building permit requirements of the City?s Ordinances applicable to residential structures have been complied with, provided that in the event of any inconsistency between the terms of this Agreement and the terms of such ordinances, the terms of this Agreement shall control the building permit process for the Subdivision. 6.4 Certificates of Occupancy. Other than for the Models, no certificates of occupancy shall be issued for buildings within the Development until utility and road improvements to such buildings are substantially completed (as reasonably determined by the City Engineer), provided, however, that the bituminous wear course for the roads within the Development shall not be required to be installed until 75% of the residential lots in the Development have homes constructed upon them (or earlier at the Developer?s request), and thereafter, as weather conditions permit. 6.5 Design Review Board. The Developer acknowledges that the single family homes must be approved by the City?s Design Review Board. The City directs the Design Review Board not to unreasonably withhold consent. VII. CONSERVATION EASEMENT. Upon development of any phase of the Development, Developer shall execute the Conservation Easement in the form attached hereto as Exhibit K for the Property being developed in that phase. The City and Developer shall take all reasonable actions necessary and convenient to legally describe the Conservation Easement in a manner consistent with Exhibit K. VIII. PLAT RECORDING August 11, 2008 23 Packet Page Number 25 of 123 City Council Meeting Minutes 8.1 Plat Recording. All applicable conditions related to Plat approval must be met prior to the recording of the Plat. The Plat must be recorded with the Ramsey County Recorder and/or the County?s Registrar of Titles, as the case may be, on or before the date that is one hundred eighty (180) days after final plat approval has been granted by the City. 8.2 Conveyance of Lots. The Plat, and this Agreement must be recorded with the Ramsey County Recorder and/or Registrar of Titles, as the case may be, prior to Developer?s transfer of fee title in any lot within the Plat. 8.3 Final Plat. City Staff is directed to take all necessary action to facilitate the completion and recording of the Final Plat for the Project or any portion of the Project. The Developer may record the Final Plat for all or a portion of the Project in accordance with the estimated phasing schedule on Exhibit H. IX. BINDING EFFECT This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the Property, and shall be deemed covenants running with the land, provided however, that at Developer?s request, after all of the Developer Improvements have been accepted by the City and the warranty periods therefore have expired, the City shall issue a Certificate of Completion, in recordable form, stating that the Developer Improvements have been constructed and completed by Developer in accordance with the terms hereof and have finally accepted by the City, and that Developer has performed and is released from all of its obligations set forth herein, such that thereafter lots within the Plat shall only be subject to the payment of special assessments as set forth in Section 2.5 hereof. X. REMEDIES UPON DEVELOPER DEFAULT Whenever any Developer Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may, upon thirty (30) days written notice and a reasonable opportunity for Developer to cure said Default, take any one or more of the following: a. The City may suspend its performance under this Agreement and the until it receives assurances from Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. b. The City may initiate such action, including legal or administrative action, whether in law or in equity, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer. c. The City may draw upon or bring action upon any or all of the Securities provided to the City pursuant to any of the terms of this Agreement. XI. INDEMNIFICATION 11.1 The Developer releases from and covenants and agrees that the City and its City Council, officers, agents, including their independent contractors, consultants and legal counsel, servants and ?? employees (hereinafter, for purposes of this Section only, collectively the Indemnified Parties) shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person resulting from any defect in the Subdivision, except for loss or damage to property or any injury to or death of any person resulting from any defect in August 11, 2008 24 Packet Page Number 26 of 123 City Council Meeting Minutes the Subdivision resulting from the non-performance of any applicable agreement, negligence, any misrepresentation or any willful or wanton misconduct of the Indemnified Parties. 11.2 Except for the negligence, any misrepresentation or any willful or wanton misconduct of an Indemnified Party, the Developer agrees to protect and defend the Indemnified Parties and further agrees to hold the aforesaid harmless from any claim, demand suit, action or other proceeding whatsoever by any person or entity whatsoever resulting from the non-performance of any applicable agreement, negligence, any misrepresentation or any willful or wanton misconduct of the Developer, its employees, agents or contractors, provided that this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement. 11.3 The City and the Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer or officers, agents, servants, or employees or any other person who may be about the Subdivision due to any act if negligence of any person, unless due to the non- performance of any applicable agreement, negligence, any misrepresentation or any willful or wanton misconduct of an Indemnified Party. 11.4 All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City, which shall not be withheld if the Developer?s proposed assignee to the financial capability to perform the Developer?s obligations is to be assumed by the proposed assignee. XII. ASSIGNMENT The Developer may not assign this Development Contract without the written permission of the City Council and without providing the City with written notice of the proposed assignment at least 45 days in advance of the effective date of the assignment. If timely notice is provided to the City, the City?s permission will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, the consent of the City shall not be required in connection with an assignment to an ?Affiliate? in which the Affiliate assumes all obligations of the Developer hereunder that accrue from and after the effective date of the assignment. As used herein, the term ?Affiliate? means an entity that is controlled by, or is under common control with the Developer. XIII. CHANGE OF ORDINANCES The City finds that the approved development of the Plat according to the terms of this Development Contract is a planned and staged development within the meaning of Minn. Stat. § 462.358, subd. 3(c). The City further finds that the actions of the Developer described herein, are of substantial and enduring benefit to the quality of life, open space needs and financial needs of the City. Accordingly, pursuant to Minn. Stat. § 462.358, subd. 3(c), the City agrees that if the following condition is being met: a. Developer is not in material default (and the time to cure has not expired) under this Development Contract; then for six (6) years after the date hereof, the City will not, without the prior written consent of the Developer, for any particular phase or phases or the entire Project in which the Developer has such an ownership interest, enforce or apply to this Development any change the City?s Comprehensive Plan (except as contemplated hereby or to permit the development of the Project as contemplated hereby), or enforce or apply to this Development any change in ordinances establishing zoning, subdivision controls, site plan regulations, official maps, and all policies and specifications adopted by the City to implement the foregoing (all of which is hereinafter referred to as ?Controls?)(except as contemplated hereby or unless such change is mandated by Minnesota Statutes and Minnesota Rules that, by their terms, must be complied with August 11, 2008 25 Packet Page Number 27 of 123 City Council Meeting Minutes notwithstanding any provision hereof to the contrary), for any particular Phase or Phases or the entire Project in a manner which is inconsistent with the terms of this Development Contract and the Plat and Development Plans approved herein with respect to the following: i. permitted, conditional, accessory uses; ii. development density; iii. lot size; iv. lot layout, depth and width; v. building setbacks and building height; vi. street conveyance requirements; vii. essential improvement requirements; viii. the terms and conditions of park dedication and contribution requirements thereof; ix. subdivision requirements; x. specifications for sewer, water, drainage, street, landscape, trees, and other improvements to be constructed by the Developer or the City and to be owned and maintained by the City or Developer thereafter. Notwithstanding the restrictions above-stated, the Developer may request a modification to the Controls for a specific Phase within the Project and the City may grant the modification. After the last day of the sixth year after the date hereof, the City may, pursuant to law, without the consent of the Developer, enforce or apply to this Development any modification of the City?s Comprehensive Plan or the City Code provisions affecting such Phase with respect to the above matters. Until such time the City takes such action, the provisions of this section shall remain in full force and effect. XIV. INCONSISTENCY AMONG CONTROLS To the extent an inconsistency or conflict exists among the Controls, and in the absence of a consensual amendment addressing the inconsistency, the following documents in descending order shall govern: a. the Resolutions; b. this Development Contract; c. the Plat; d. the Project; e. the Development Plans; and f. the City Code. XV. MISCELLANEOUS 15.1 No Third Party Recourse. Third parties shall have no recourse against the City or the Developer under this Development Contract. 15.2 Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development Contract is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Development Contract. 15.3 Federal Agencies. If the Developer requires any evidence of this Development Contract for the purpose of escrow requirements of the Federal Housing Administration, the Veterans Administration, or any other United States government agency, the City will provide same at the request of the Developer so the escrow deposit, herein provided for, may be considered a deposit in lieu of the deposit normally made with such governmental agencies to guarantee the completion of required improvements. 15.4 Recording. The Development Contract and Plat shall be recorded by the Developer with the County Recorder or Registrar and the Owner shall provide and execute any and all documents August 11, 2008 26 Packet Page Number 28 of 123 City Council Meeting Minutes necessary to implement the recording. The City shall receive two (2) copies of the recorded Plat from Developer. 15.5 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Development Contract shall run with the land herein described, and shall be binding upon the heirs, successors, administrators and assigns of the Owner and Developer. 15.6 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Development Contract in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Development Contract or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Development Contract, waive compliance by another with any of the covenants contained in this Development Contract, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Development Contract. Any agreement on the part of any party for such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Development Contract shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 15.7 Governing Law. This Development Contract shall be governed by and construed in accordance with the laws of the State of Minnesota. 15.8 Counterparts. This Development Contract may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 15.9 Headings. The subject headings of the paragraphs and subparagraphs of this Development Contract are included for purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions. 15.10 Access and Security. The Developer hereby grants to the City, its employees, officers, and contractors a license to enter the Plat to perform all work and inspections deemed appropriate by the City during the installation of Developer Improvements. The City agrees to indemnify and hold Developer, Owner and the Property harmless from any and all claims, costs, expenses or damages, including reasonable attorneys? fees resulting from such activities. This license shall not extend to any third party. The Developer may take whatever reasonable measures are necessary to secure the site or any portion thereof from trespass and intrusion including, but not limited to, security fencing, security gates and private security services. 15.11 Notice. Any Notice required hereunder shall be as set forth in Section 1.20 of this Agreement. 15.12 Change of Name of Plat. The Developer may change the name of the Plat, provided that the change of the name of the Plat shall not constitute an amendment of the terms of this Agreement and all terms of this Agreement remain in full force and effect. 15.13 Site Signage. Signage shall be allowed to the extent not prohibited by the City Code. 15.14 Tax Payments. Within 60 days of the execution of this Agreement, Developer shall cause all property tax obligations due and owing to be fully paid. XVI. DEDICATION OF PUBLIC ROADS 16.5 All public roads in the Plat shall be dedicated to the City upon recording of the Plat for any phase of the Development August 11, 2008 27 Packet Page Number 29 of 123 City Council Meeting Minutes XVII. DISMISSAL OF ACTION AND RELEASES 17.1 Dismissal of Action.Within one week of the City?s authorization of the execution of this Agreement, the Developer will execute a Stipulation of Dismissal with Prejudice of an action entitled CoPar Development v. City of Maplewood, Ramsey County Court File No. 62-C5-06-010746, which the City shall then countersign and file with the Court along with a proposed order in the form attached hereto as Exhibit L. 17.2 Effective upon the execution of this Agreement, and except only for the representations and obligations of the parties under this Agreement and the Resolutions, Developer and any and all of its partners, members, employees, agents, representatives, successors, assignees, transferees, joint ventures, attorneys, and insurers, hereby release and discharge the City and its past and present agents, officials, employees, representatives, assignees, transferees, joint ventures, attorneys, insurers, and risk pools (including the League of Minnesota Cities Insurance Trust) from all manner of claims, demands, actions, causes of actions, suits, debts, dues, sums of money, accounts, bills, covenants, contracts, rights, obligations, controversies, agreements, promises, and demands whatsoever, whether in law or equity, the Developer ever had, or now has, whether known or unknown, against the City, involving or arising out of any application for development it has filed with the City regarding the Property or any part thereof. 17.3 Effective upon the execution of this Agreement, and except only for the representations and obligations of the parties under this Agreement and the Resolutions, the City, and any and all of its past and present officers, elected officials, employees, agents, representatives, affiliates, divisions, successors, assignees, transferees, joint ventures, attorneys, insurers, and risk pools hereby release and discharge the Developer and its shareholders, partners, employees, agents, representatives, successors, assignees, transferees, joint ventures, attorneys, and insurers, from all manner of claims, demands, actions, causes of actions, suit, debts, dues, sums of money, accounts, bills, covenants, contracts, rights, obligations, controversies, agreements, promises, and demands whatsoever, whether in law or equity, the City ever had, or now has, or hereafter may have, whether known or unknown, against the Plaintiff involving or arising out of any application for development Developer has filed with the City regarding the Property or any part thereof. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF MAPLEWOOD: By: Mayor By: City Clerk August 11, 2008 28 Packet Page Number 30 of 123 City Council Meeting Minutes STATE OF MINNESOTA ) ) ss. COUNTY OF _______ ) On this _____ day of _____________________, 200__, before me, a Notary Public, in and for said County and State, appeared __________ and __________ to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and the City Clerk of the City of ______ and said ________ and _________ acknowledge said instrument to be the free act and deed of said City of _______ by resolution adopted by its Council. Notary Public COPAR DEVELOPMENT, LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) On this _____ day of __________________, 200__, before me, a Notary Public, personally appeared ___________________, the ______________ of Corporation, a Minnesota corporation, who executed the foregoing instrument and acknowledged said instrument to be the official act and deed of said corporation and that such act was authorized by the board of directors of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: MALKERSON GILLILAND MARTIN LLP (HAR) 1900 U.S. Bank Plaza South Tower 220 South Sixth Street Minneapolis, MN 55402 August 11, 2008 29 Packet Page Number 31 of 123 City Council Meeting Minutes EXHIBIT L STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEYSECOND JUDICIAL DISTRICT Case Type: Civil CoPar Development, Case No. 62-C5-06-010746 Plaintiff, STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER v. City of Maplewood Defendant. The parties, through their counsel, hereby agree that this matter shall be dismissed with prejudice, with all parties to bear their costs. GREENE ESPEL, P.L.L.P. Dated: _______________, 2008 By___________________________________ John M. Baker, Reg. No. 174403 200 S. Sixth Street, Suite 1200 Minneapolis, MN 55402 (612) 373-0830 Attorneys for Defendant MALKERSON GILLILAND MARTIN L.L.P. Dated: _______________, 2008 By___________________________________ Howard A. Roston, Reg. No. 260460 220 S. Sixth Street, Suite 1900 Minneapolis, MN 55402 Attorneys for Plaintiff SO ORDERED. Dated: _________________, 2008 __________________________________________ Judge of the District Court August 11, 2008 30 Packet Page Number 32 of 123 City Council Meeting Minutes Seconded by Councilmember Juenemann. The changes were discussed between the attorney and council and were accepted by the motioner and seconder. Mayor Longrie made a friendly amendment that the cash escrow fee be changed to $80,000 rather than $30,000. Councilmember Rossbach did not accept the friendly amendment. Seconded by Councilmember Juenemann Ayes ? Councilmembers Juenemann, Nephew & Rossbach Nays ? Mayor Longrie & Councilmember Hjelle The motion passed. Councilmember Nephew moved to extend the council meeting past curfew to complete the remainder of the agenda items. Seconded by Councilmember Hjelle. Ayes ? Councilmembers Hjelle, Nephew & Rossbach Nays ? Mayor Longrie & Councilmember Juenemann The motion passed. The council took a break at 11:00 p.m. The council reconvened at 11:05 p.m. 2. Receipt of Comprehensive Financial Report and Schedule Presentation from Auditor for August 25, 2008. a. Acting City Manager, Chuck Ahl gave the report. (No Action Needed) Mr. Ahl said the Comprehensive Financial Report was given to the city council after the council packet was completed. The council shall have the opportunity to review the Comprehensive Financial Report until August 25, 2008, when the auditor will give their presentation. Staff will make this report available on the city?s website. L. NEW BUSINESS Mayor Longrie recommended moving L2. ahead of L1. due to the length of the council meeting. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. August 11, 2008 31 Packet Page Number 33 of 123 City Council Meeting Minutes 2. Off-Sale Intoxicating Liquor License ? Larry Toth, New License/Manager, Costco Wholesale. a. City Clerk, Director Citizen Services gave the report. b. Larry Toth, License Manager, Costco Wholesale addressed and answered questions of the council. Councilmember Hjelle moved to approve the Off-Sale Intoxicating Liquor License for Costco Wholesale #1021, located at 1431 Beam Avenue, Maplewood under new License Manager, Larry Toth. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. 1. St. Paul Fire Republican National Convention ? Consider Approving Joint Powers Agreement. a. Maplewood Fire Chief, Steve Lukin gave the report. Chief Lukin said the name of the report should have been called Joint Powers Agreement with the St. Paul Fire Department. Councilmember Hjelle moved to approve that the Maplewood Fire Department enter into a Joint Powers Agreement with the St. Paul Fire Department. August 11, 2008 32 Packet Page Number 34 of 123 City Council Meeting Minutes August 11, 2008 33 Packet Page Number 35 of 123 City Council Meeting Minutes August 11, 2008 34 Packet Page Number 36 of 123 City Council Meeting Minutes August 11, 2008 35 Packet Page Number 37 of 123 City Council Meeting Minutes Seconded by Councilmember Juenemann. Ayes ? All The motion passed. August 11, 2008 36 Packet Page Number 38 of 123 City Council Meeting Minutes 3. Consider Report on Formation of Green Team for City Operations. a. Environmental Planner, Shann Finwall gave the report. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Nephew moved to appoint Councilmember Hjelle as the Council Liaison to the Newly Formed Green Team. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Abstain ? Councilmember Hjelle The motion passed. 4. Approval of Claims. Councilmember Rossbach moved Approval of Claims. ACCOUNTS PAYABLE: $ 1,859,801.66 Checks # 76055 thru # 76120 $ 161,547.73 Disbursements via debits to checking account Dated 07/17/08 thru 07/25/08 $ 554,434.50 Checks # 76121 thru # 76175 dated 08/05/08 $ 328,646.51 Disbursements via debits to checking account dated 07/25/08 thru 07/31/08 __________________ $ 2,904,430.40 Total Accounts Payable PAYROLL $ 587,286.97 Payroll Checks and Direct Deposits dated 07/25/08 $ 3,665.90 Payroll Deduction check #1005611 thru #1005612 dated 07/25/08 ___________________ $ 590,952.87 Total Payroll GRAND TOTAL $ 3,495,383.27 Seconded by Councilmember Nephew. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nays ? Councilmember Hjelle The motion passed. August 11, 2008 37 Packet Page Number 39 of 123 City Council Meeting Minutes M. CONSENT AGENDA a. Acting City Manager, Chuck Ahl answered questions of the council and then reviewed the Consent Agenda. 1. Councilmember Juenemann moved to approve items 1, 2, and 4. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 2. Councilmember Juenemann moved to approve item 3. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 1. TH 61/Frost Avenue Improvements, City Project 07-30, Approval of Mn/DOT Cooperative Agreement No. 92564. Councilmember Juenemann moved to approve the Resolution for the TH 61/Frost Avenue Improvements, City Project 07-30: Approval of Cooperative Agreement No. 92564, and authorize the City Engineer/Public Works Director to sign the agreement signifying approval by the mayor and council. CITY OF MAPLEWOOD RESOLUTION 08-08-118 TO ENTER INTO MN/DOT AGREEMENT NO. 92564 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION IT IS RESOLVED that the City of Maplewood enter into MN/DOT Agreement No. 92564 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State?s share of the costs of the intersection improvement construction which includes bituminous surfacing, concrete curb and gutter and trail improvements, and the traffic control signal construction to be performed upon, along and adjacent to Trunk Highway No. 61 at County State Aid Highway No.27 (Frost Avenue) ? Parkway Drive within the corporate City limits of Maplewood under State Project No. 6222-154 (T.H. 61=001), State Aid Project No.?s 62-627-05, 138-010-013, 138-020-035, and 138-151-001, and City Project No. 07-30. IT IS FURTHER RESOLVED that the City Engineer/Public Works Director is hereby authorized by the Mayor and City Council to execute the Agreement and any amendments to the Agreement. th Adopted by council this 11 day of August 2008. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. August 11, 2008 38 Packet Page Number 40 of 123 City Council Meeting Minutes August 11, 2008 39 Packet Page Number 41 of 123 City Council Meeting Minutes August 11, 2008 40 Packet Page Number 42 of 123 City Council Meeting Minutes August 11, 2008 41 Packet Page Number 43 of 123 City Council Meeting Minutes August 11, 2008 42 Packet Page Number 44 of 123 City Council Meeting Minutes August 11, 2008 43 Packet Page Number 45 of 123 City Council Meeting Minutes August 11, 2008 44 Packet Page Number 46 of 123 City Council Meeting Minutes August 11, 2008 45 Packet Page Number 47 of 123 City Council Meeting Minutes August 11, 2008 46 Packet Page Number 48 of 123 City Council Meeting Minutes August 11, 2008 47 Packet Page Number 49 of 123 City Council Meeting Minutes August 11, 2008 48 Packet Page Number 50 of 123 City Council Meeting Minutes August 11, 2008 49 Packet Page Number 51 of 123 City Council Meeting Minutes August 11, 2008 50 Packet Page Number 52 of 123 City Council Meeting Minutes August 11, 2008 51 Packet Page Number 53 of 123 City Council Meeting Minutes August 11, 2008 52 Packet Page Number 54 of 123 City Council Meeting Minutes 2. Hazelwood Street Improvements, City Project 07-25, Resolution for Modification of the Existing Construction Contract, Change Order No. 1 (Trail Improvements). Councilmember Juenemann moved to approve the Resolution for Modification of the Existing Construction Contract, Change Order No. 1 (Trail Improvements) for the Hazelwood Street Improvements, City Project 07-25. RESOLUTION 08-08-119 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-25, CHANGE ORDER NO.1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-25, Hazelwood 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 07-25, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The finance director is hereby authorized and directed to modify the budget to reflect the Mn/DOT Cooperative Agreement Funding in the amount of $40,000. 2. The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No.1 in the amount of $73,234.75. The revised contract amount is $1,314,531.00. Seconded by Councilmember Hjelle. Ayes - All 3. Consider Resolution Accepting Donation to Police Department. (Requires 4 votes) Councilmember Juenemann moved to approve the Resolution Accepting the $50 Donation to the Police Department. Also recommended that approval be given for the acceptance of any future donations of this kind from Residential Mortgage Group. RESOLUTION 08-08-120 WHEREAS the Maplewood Police Department has received a $50 donation from Residential Mortgage Group on behalf of a client through their program called ?Refer a friend. Buildyour community;? and WHEREAS this program allows a person who closes a mortgage through Residential Mortgage Group to designate a school, fire, or police department to receive a donation to improve the communities where they will be living; NOW, THEREFORE,BE IT RESOLVED that the Maplewood City Council authorizes the Police Department to accept this $50 donation. August 11, 2008 53 Packet Page Number 55 of 123 City Council Meeting Minutes I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on August 11, 2008. SIGNED: WITNESSED: ______________________________ _______________________________ (Signature) (Signature) Mayor City Clerk_______________________ (Title) (Title) ______________________________ _______________________________ (Date) (Date) Seconded by Councilmember Nephew. Ayes ? All The motion passed. 4. Lawful Gambling License ? Church of Saint Bernard?s. Councilmember Juenemann moved to approve the Resolution for the Lawful Gambling License for Church of Saint Bernard?s to operate at the Chalet located at 1820 Rice Street, Maplewood. LAWFUL GAMBLING LICENSE RESOLUTION 08-08-116 CHURCH OF SAINT BERNARDS BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Church of Saint Bernard?s to operate at the Chalet, located at 1820 Rice Street, Maplewood, Minnesota. 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. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. N. AWARD OF BIDS None. H. Council Presentations (H1. ? H2. Carried over to the end of the council meeting) August 11, 2008 54 Packet Page Number 56 of 123 City Council Meeting Minutes 1. Follow-up on National Night Out on August 4, 2008 ? (Councilmember Juenemann) a. Councilmember Juenemann commented on the success of National Night Out and thanked everyone involved in making the event a success. b. Maplewood Police Chief, Dave Thomalla commented on the 76 parties there were for National Night Out and the number of officers that attended the evening. 2. Ramsey County Dispatch ? (Councilmember Juenemann) a. Councilmember Juenemann wanted to update the council on the concerns that have been written about in the newspaper regarding the new Ramsey County Dispatch center. Councilmember Juenemann then updated the council on the progress that has been made with the Ramsey County Dispatch center. Councilmember Juenemann also acknowledged Jan Rehbein, a dispatcher that worked at the city offices for many years who is very ill at this time and asked that we offer support to her and her family at this time. O. VISITOR PRESENTATIONS ? PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:51p.m. August 11, 2008 55 Packet Page Number 57 of 123 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 4:30 p.m., Monday, August 25, 2008 Council Chambers, City Hall Meeting No. 22-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 4:33 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present at 4:40 p.m. Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as submitted. Seconded by Councilmember Rossbach. Ayes ? All D.UNFINISHED BUSINESS Mayor Longrie addressed the next item on the agenda and closed the meeting pursuant to Minnesota State Statute, Chapter 13 relating to Attorney/Client privilege for the purpose of discussion. 1. Declaration of Council ? Manager Topic and Intent to Close Session Palkovich vs City of Maplewood ? Discussion of Settlement With Attorney 2. Declaration of Council ? Manager Topic and Intent to Close Session Logan vs City of Maplewood ? Discussion of Settlement With Attorney Mayor Longrie reopened the city council workshop meeting. The council took a short recess. 3. Discussion of Alternatives to Proposed 2009-2013 Capital Improvements Plan (No Action Required) a. Acting City Manager, Chuck Ahl gave the presentation. 4. Discussion of Proposed Levy and Budget Calendar for 2009 Budget (No Action Required) a. Acting City Manager, Chuck Ahl gave the presentation. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:25 p.m. August 25, 2008 1 Closed Session Minutes & City Council/Manager Workshop Minutes Packet Page Number 58 of 123 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, August 25, 2008 Council Chambers, City Hall Meeting No. 22-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30 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 The following items were added to the agenda. H1. State Fair Exhibit ? Mayor Longrie H2. Rush Line Corridor - Mayor Longrie H3. Dead Grass ? Councilmember Nephew H4. Comp Plan in the South Leg ? Councilmember Nephew Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Nephew. Ayes ? All E. APPROVAL OF MINUTES Councilmember Nephew moved to approve the August 4, 2008, Workshop Minutes as submitted. Seconded by Mayor Longrie. Ayes ? All The motion passed. Approval of August 4, 2008, Workshop Minutes. Councilmember Nephew had a correction to item D. under items 1. and 2. correcting MSFRA to MFRA. Councilmember Nephew moved to approve the August 4, 2008, Joint City Council and Parks Commission Meeting Minutes as amended. Seconded by Councilmember Juenemann. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach August 25, 2008 1 Packet Page Number 59 of 123 City Council Meeting Minutes Abstain ? Councilmember Hjelle The motion passed. Approval of the August 11, 2008, Council Meeting Minutes. Mayor Longrie wanted her comments included in the minutes regarding the CoPar item and directed staff to bring these back to the council for approval. Councilmember Nephew had a correction on page 11, Howard Reston should be listed at the lawfirm of Malkerson, Gilliland, Martin LLP, 200 South Sixth Street, Suite 1900, Minneapolis. Not the Greene Espel lawfirm. Councilmember Hjelle said the word dysfunction should be spelled disfunction. Councilmember Nephew moved to bring the August 11, 2008, Council Meeting Minutes back to the next council meeting to be approved after the corrections have been made and the additional CoPar comments have been included for the record. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. F. VISITOR PRESENTATIONS ? PART I 1.Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick addressed several issues of concern regarding the 2009 property tax levy, the budget and other related issues. Mr. Zick also complained that his comments were not properly being reflected in the City Council Meeting Minutes. 2.Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten said on August 19, 2008 she attended the Environmental and Natural Resources Commission meeting in addition to the planning commission meeting. Her father, Ralph Sletten, voiced concerns regarding the stability of the KSTP tower due to the man-made waterways. Ms. Sletten said she was disgusted by behavior of members at both the Planning Commission and Environmental and Natural Commission meetings and would like for the council to review the meeting if they have not yet seen it. 3.Dave Schelling, 1955 Greenbrier Street, Maplewood. Mr. Schelling said at each council meeting he asks questions but doesn?t get answers to all of his questions. He stated he would be speaking during visitor presentations at each council meeting. Mr. Schelling requested information regarding the number of employees the city has and the salary of upper management. He repeated again that he wants the City of Maplewood department head salaries printed in the city news like it was in November 2006. (Mr. Ahl said the city posts the top 3 highest salaries on the city?s website but that there are no plans to print the salaries of department heads. That is public information however.) Mr. Schelling said he can?t imagine the city buying Gethsemane park for $800,000. The city has to fix the parks they already have and can?t afford to be buying anymore parks. (Mayor Longrie asked if Mr. Ahl could get the information to Mr. Schelling that he has been requesting. Mr. Ahl said the information would be given to Mr. Schelling in the next few days. August 25, 2008 2 Packet Page Number 60 of 123 City Council Meeting Minutes 4.John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff said his figures are different than what the city shows regarding what things actually cost in the City of Maplewood and that the tax payers of Maplewood ought to look carefully at their money and the cost of running the city. Then there are the lawsuit settlements which big money continues to get paid out for that. Mr. Wykoff said the dollar amount for the Marlene Palkovich lawsuit should be made public once it?s settled. 5.Frederica Musgrave, 1949 Greenbrier Street, Maplewood. Ms. Musgrave serves on the Environmental and Natural Resources Commission. She was concerned about the message being relayed to the public regarding taking sensitive issues so lightly and is trying to figure out why democracy is suppressed in Maplewood. She said when she questions things, it?s not included in the records. If you read the minutes and the local newspaper you?ll find out that the minority opinions aren?t being represented. She sent emails out to the city attorney and the city council. *Visitor Presentations went over the time limit but the council was agreeable to extending Visitor Presentations in order to hear the last two speakers. 6.Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood. Mr. Schreiner spoke regarding the split rail fencing that is supposed to be running from Beaver Creek Parkway down to the bridge and from the bridge up to the other side protecting the environmentally sensitive area. As well as the creek area that is supposed to be cleaned up and he questioned the delays on these things. (Michael Thompson and DuWayne Konewko answered some of the concerns raised by Mr. Schreiner.) Mr. Schreiner also asked He asked about the Beaver Lake area building CUP. Mr. Ahl said he would check with the Building Official. He asked what the correction would be if the roof is over 25 feet at the mid point and who would enforce it? Mr. Ahl answered that would be the contractor?s responsibility. 7.Fran Juker, 1965 Barclay Street, Maplewood. Ms. Juker was present regarding a sod problem that was installed in 2005. The neighbors have been in contact with the engineering department since 2005 regarding their concerns with the property from a project that was done but have been unhappy with the results. G. ADMINISTRATIVE PRESENTATIONS None. H. COUNCIL PRESENTATIONS (Will be heard at the Continuation Meeting 8-28-08) 1. State Fair Exhibit ? Mayor Longrie 2. Rush Line Corridor ? Mayor Longrie 3. Dead Grass ? Councilmember Nephew 4. Comp Plan in South Leg ? Councilmember Nephew I. APPOINTMENTS AND PRESENTATIONS 1. Proclamation: The International Day of Peace, September 21, 2008. a. Councilmember John Nephew gave the report. Councilmember Nephew moved to approve the Proclamation for the International Day of Peace, September 21, 2008. August 25, 2008 3 Packet Page Number 61 of 123 City Council Meeting Minutes Proclamation for The International Day of Peace, September 21 Whereas, the issue of peace embraces the deepest hopes of all peoples and remains humanity's guiding inspiration; and Whereas, in 1981 the United Nations proclaimed the International Day of Peace be "devoted to commemorating and strengthening the ideals of peace both within and among all nations and peoples"; and Whereas, the United Nations expanded the observance of the International Day of Peace in 2001 to include the call for a day of global ceasefire and non-violence, and invited all nations and people to honor a cessation of hostilities for the duration of the Day; and Whereas, there is growing support within our city for the observance of the International Day of Peace, which affirms a vision of our world at peace, and fosters cooperation between individuals, organizations and nations; and Whereas, global crises impel all citizens to work toward converting humanity's noblest aspirations for world peace into a practical reality for future generations, Now, Therefore, I, Diana Longrie, Mayor of the City of Maplewood, do hereby proclaim September 21 as The International Day of Peace Throughout the City of Maplewood and urge all government departments and agencies, organizations, schools, places of worship and individuals in our city to commemorate, in an appropriate manner, the International Day of Peace. This may include community service projects, cultural exhibits and performances, a moment of silence, ringing of bells, sharing the universal wish 'May Peace Prevail On Earth' at noon, vigils, religious services in our places of worship, and other education and public awareness activities in order to help establish a global day of peace in our homes, our communities and between nations. Adopted this 25th day of August, 2008. Seconded by Mayor Longrie. Ayes ? All The motion passed. 2. Public Works 2007 Overview/Accomplishments ? (No Report) a. Assistant City Engineer, Michael Thompson gave the 2007 Public Works presentation. 3. Proclamation brought forward by Councilmember Hjelle (No Report) a. Councilmember Hjelle requested that the city recognize the Proclamation for Patriot Day, September 11, 2008. Councilmember Rossbach and Mayor Longrie recommended a few changes in the proclamation which are shown below in italics and was acceptable to the councilmembers. Councilmember Nephew moved to approve the Proclamation for Patriot Day, September 11, 2008, as amended. August 25, 2008 4 Packet Page Number 62 of 123 City Council Meeting Minutes Proclamation for Patriot Day, September 11, 2008 Whereas, the issue of terrorism surrounds our daily life and attacks all democratic societies; and Whereas, on the fourth day of September, in the year of our Lord two thousand two, and of the Independence of the United States of America the two hundred and twenty-seventh, President George W. Bush proclaimed September 11 of each year to be Patriot Day in the United States of America; and Whereas, inspired by the heroic sacrifices of our firefighters, rescue and law enforcement personnel, military service members and other citizens, our Nation found unity, focus, and strength; and Whereas, the Maplewood City Council along with most Americans has worked hard to implement policies and plans to resist and fight back against terrorism along with supporting our Commander in Chief, our nation, and our soldiers overseas; Whereas, September 11 will forever hold a revered place in our hearts and in the history of our great Nation. Therefore, I, Diana Longrie, Mayor of Maplewood, do hereby officially proclaim September 11 as Patriot Day in Maplewood, MN. We ask that the City of Maplewood and all government departments and agencies, organizations, schools, places of worship and individuals in our city to commemorate, in a patriotic manner, Patriot Day. This may include community service projects, cultural exhibits and performances, a moment of silence, ringing of bells, sharing the universal wish of ?Defeating Terrorism? at noon, vigils, religious services in our places of worship and other education and public awareness activities in order to establish a patriotic day in our homes, our communities and between people of our nation. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. J. PUBLIC HEARINGS 1. 7:00 p.m. Gethsemane Senior Housing Tax Increment Financing (TIF) Request and Park Purchase Agreement a. Approval of TIF Plan for Tax Increment Financing (Housing) District No. 1-9 Within Development District No. 1 (Gethsemane Senior Housing Project) b. Directing the Preparation of the TI Development Agreement for the Gethsemane Senior Housing Project. c. Authorize Preparation of the Purchase Agreement for the Gethsemane Park Land 1. Acting City Manager, Chuck Ahl introduced the item. 2. Tom Denaway, Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, addressed the council, gave the presentation and answered questions of the council. 3. Bob Van Slyke, Presbyterian Homes of Minnesota, addressed the council and answered questions of the council. 4. Richard White, Senior Pastor, Gethsemane Lutheran Church, Maplewood. Pastor White addressed the council and answered questions of the council. August 25, 2008 5 Packet Page Number 63 of 123 City Council Meeting Minutes Mayor Longrie opened the public hearing. 1. Bob Zick, 2515 White Bear Avenue, Maplewood spoke regarding this project. 2. Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood spoke regarding this project. 3. Peter Fischer, 2443 Standridge Avenue, Maplewood spoke regarding this project. 4 John Wykoff, 2345 Maryland Avenue, Maplewood spoke regarding this project. th 5. Doug Angrew, 7501?25 Street, Oakdale spoke regarding this project. 6. Bob Zick, 2515 White Bear Avenue, Maplewood. (second appearance) Mayor Longrie closed the public hearing. Approval of TIF Plan for Tax Increment Financing (Housing) District No. 1-9 Within Development District No. 1 (Gethsemane Senior Housing Project) Councilmember Rossbach moved to approve the TIF Plan for Tax Increment Financing (Housing) District No. 1-9 within Development District No. 1 for the Gethsemane Senior Housing Project. Seconded by Councilmember Juenemann. Ayes ? All The motion passed Resolution Approving the Modification to the Development Program for Development District No. 1 and the TIF Plan for TIF District (Housing) No. 1-9. Councilmember Rossbach moved to approve the Resolution Approving the Modification to the Development Program for Development District No. 1 and the TIF Plan for TIF District (Housing) No. 1-9. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: August 25, 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 on the 25th day of August, 2008, at 7:00 p.m. The following members of the Council were present: All and the following were absent: None Councilmember Rossbach introduced the following resolution and moved its adoption: RESOLUTION 08-08-121 RESOLUTION APPROVING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING (HOUSING) DISTRICT NO. 1-9 AND APPROVING THE TAX INCREMENT FINANCING PLAN THEREFOR WITHIN DEVELOPMENT DISTRICT NO. 1 WHEREAS: A. WHEREAS, there is a proposal to modify the Development Program for Development District No. 1, and establish Tax Increment Financing (Housing) District No. 1-9 (?Housing District No. 1- August 25, 2008 6 Packet Page Number 64 of 123 City Council Meeting Minutes 9?) therein and approve and accept the proposed Tax Increment Financing Plan therefor under the provisions of Minnesota Statutes, Sections 469.174 to 469.1799 (the ?Act?); and B. WHEREAS, the proposed Modification to the Development Program for Development District No. 1 (the ?Modification?), and the proposed Tax Increment Financing Plan for Housing District No. 1-9 (the ?Tax Increment Financing Plan?) have been prepared; and C. The City has performed all actions required by law to be performed prior to the establishment of Development District No. 1 and Housing District No. 1-9 therein, and the adoption of the modified development program and proposed tax increment financing plan therefor, including, but not limited to, notification of Ramsey County and Independent School District No. 622 having taxing jurisdiction over the property to be included in Housing District No. 1-9 and the holding of a public hearing upon published and mailed notice as required by law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota as follows: 1. Modification Findings. The City finds, determines and declares that with respect to the Modification: (a) The City is not modifying the boundaries of Development District No. 1 but is, however, modifying the Development Program to allow for the increased costs associated with Housing District No. 1-9 as described in the Modification. 2. Development Program. The Development Program for the Development District as modified pursuant to the Modification, a copy of which is on file in the office of the City Clerk, is adopted as the development program for the Development District 3. Housing District No. 1-9. There is established in the City of Maplewood within Development District No. 1 a Tax Increment Financing District, the initial boundaries of which are fixed and determined as described in the Tax Increment Financing Plan. 4. Tax Increment Financing Plan. The Tax Increment Financing Plan is adopted as the tax increment financing plan for Housing District No. 1-9, and the City Council makes the following findings: (a) Housing District No. 1-9 is a housing district as defined in Minnesota Statutes, Section 469.174, Subd. 11, the specific basis for such determination being that the 111 unit senior rental housing facility project will provide safe, decent, affordable, sanitary housing for senior residents of the city and it will result in the preservation and enhancement of the tax base of the State. (b) The proposed development in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future. The reasons supporting this finding are that: (i) Private investment will not finance these development activities because of prohibitive costs relative to rental revenues for low and moderate income senior housing units. It is necessary to finance these development activities through the use of tax increment financing so that development of affordable senior housing and other development by private enterprise will occur within Development District No. 1. (ii) A comparative analysis of estimated market values both with and without establishment of Housing District No. 1-9 and the use of tax increments has been performed as described above. Such analysis is found in Exhibit V of the Tax Increment Financing Plan, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the August 25, 2008 7 Packet Page Number 65 of 123 City Council Meeting Minutes estimated market value of the site absent the establishment of Housing District No. 1-9 and the use of tax increments. (c) In the opinion of the City Council, the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of Housing District No. 1-9 permitted by the Tax Increment Financing Plan. The reasons supporting this finding are that: (i) The estimated amount by which the market value of the site will increase without the use of tax increment financing is $0, and a small amount attributable to appreciation in land value; (ii) The estimated increase in the market value that will result from the development to be assisted with tax increment financing is $17,979,738; and (iii) The present value of the projected tax increments for the maximum duration of the district permitted by the tax increment financing plan is $1,312,227. (d) The Tax Increment Financing Plan for Housing District No. 1-9 conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: (i) Housing District No. 1-9 is properly zoned; and (ii) The Tax Increment Financing Plan will generally complement and serve to implement policies adopted by the City. (e) The Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelopment of Development District No. 1 by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within Development District No. 1. 5. Public Purpose. The adoption of the Modification to the Development Program for Development District No. 1, and the adoption of the Tax Increment Financing Plan for Housing District No. 1-9 therein conform in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up to provide employment opportunities and provide safe, decent, sanitary housing for all residents of the city to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 6. Certification. The Auditor of Ramsey County is requested to certify the original net tax capacity of Housing District No. 1-9 as described in Tax Increment Financing Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Clerk is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within Housing District No. 1-9 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 7. Filing. The City Clerk is further authorized and directed to file a copy of the Development Program and Tax Increment Financing Plan for Housing District No. 1-9 with the Commissioner of Revenue and the Office of the State Auditor. August 25, 2008 8 Packet Page Number 66 of 123 City Council Meeting Minutes 8. Administration. The administration of Development District No. 1 is assigned to the City Clerk who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. The motion for the adoption of the foregoing resolution was duly seconded by councilmember Nephew and upon vote being taken thereon, the following voted in favor thereof: (5) All and the following voted against the same: (0) Whereupon said resolution was declared duly passed and adopted. 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 of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the modification of Development District No. 1 and the establishment of Housing District No. 1-9 therein in the City. WITNESS my hand this 25th day of August, 2008. ________________________________ City Clerk Mayor Longrie made a friendly amendment to include the following for the record. Mayor Longrie would like to include that the affordable housing units would be extended 10 years past the initial ten years of the TIF and that would be included in the TIF agreement. That the annual city payment for city services be included. That during construction the construction jobs include prevailing wages. That within the Developers Agreement there is mention of the requirement of the endowment for the permanent affordable units within the project. And to encourage the use of pervious pavement. Councilmember Rossbach accepted the friendly amendments. Seconded by Councilmember Nephew. Ayes - All The motion passed. Mayor Longrie said she has been very analytical about this project when this project came forward and TIF financing was requested. She had some reservations but in the course of time she has had a number of people call her; (who were big names in the community) asking her to vote for this project. Perhaps even applying a little pressure for this project. She had not made up her mind about the TIF financing and said she could have voted either way. But the one thing that made a difference to her, despite the fact that their new organization isn?t registered with the Secretary of State because she did her research to understand who the city is dealing with was when she heard that they have a commitment to the mission and not just the money and they are August 25, 2008 9 Packet Page Number 67 of 123 City Council Meeting Minutes going to have their perpetual foundation. That is the only reason she is voting for this. It ensures that the TIF is indeed going for what its intended purpose is. Because the TIF provision that they are using in order to get TIF is that they are going to have 20% affordable housing. If they had all market rate they wouldn?t be passing the ?but for? test. If it was all market rate they would have their rate of return that they need. They would be building the project and they?d be done and over with it. The TIF factor is based on that. By saying you are going to have a perpetual endowment you can be willing to bet she will make sure and follow up that it is indeed the promise that is kept. That is the promise and commitment that this council wanted to hear and that is what the community needs. There are seniors out there who need affordable housing and that do not have to worry about whether or not they will have a place to live and to live independently on their own. Directing the Preparation of the TI Development Agreement for the Gethsemane Senior Housing Project. Councilmember Rossbach moved to Direct the Preparation of the TIF Development Agreement for the Gethsemane Senior Housing Project including the friendly amendment made by Mayor Longrie previously. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. The council took a recess at 9:20 p.m. The council reconvened at 9:30 p.m. c. The Preparation of the Purchase Agreement for the Gethsemane Park Land. a. Acting City Manager, Chuck Ahl gave the report. b. Deputy Public Works Director, DuWayne Konewko answered questions of the council. c. Senior Planner, Tom Ekstrand answered questions of the council. d. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie opened the public hearing. 1.Mike Plant, Senior Hydrologist for the project addressed and answered questions of the council regarding the contamination and condition of the property. 2.Pastor Richard White, Gethsemane Lutheran Church addressed and answered questions of the council. 3.Peter Fischer, Chairperson, Parks Commission addressed and answered questions of the council. 4.Scott Revoir, Teacher at Gethsemane Lutheran, addressed and answered questions of the council. 5.Bob Zick, 2515 White Bear Avenue, Maplewood asked questions regarding the pipeline and the impact on the value of the property. 6.Bob Van Slyke, Presbyterian Homes answered questions of the council. 7.Duane Schmitz, 2939 Mary Street, Maplewood said regarding how much money was in the PAC fund, and if that included the new Gethsemane Project. Mayor Longrie closed the public hearing. August 25, 2008 10 Packet Page Number 68 of 123 City Council Meeting Minutes Mayor Longrie said she isn?t confident that staff can negotiate the best price for the park land for the city. When the question came up regarding what the original rental agreement price was initially purposed, no one knew the answer. If you were in negotiations you would remember this information. Mayor Longrie said she believes the green space or park land Gethsemane School has a commitment to keeping green space is tied to the school because that is important for the kids and for the school. The green space will stay there whether the city buys it or not. She is concerned about the amount of PAC funds the city has available. Mayor Longrie said she listened very carefully to the comments at the Parks Commission meeting and there was a lot of discussion. There was a lot of concern regarding PAC funds and the lack of prioritization being done. Some commission members felt this was like advancing this park to the front of the line when there are other parks waiting for money. She knows there was a lot of neighborhood concern about this development she heard that they were mostly concerned about the development itself and how it impacted the character of the neighborhood not with regard to the green space. Mayor Longrie said the council doesn?t have all the details of the purchase agreement worked out yet. Councilmember Nephew said his understanding was that the purchase agreement would be brought back to the city council for approval and that this motion would be giving a green light to negotiate the final details which would give something to vote up or down on. Gethsemane Lutheran Church could decide that they don?t care for the terms of the purchase agreement or they could propose a lease alternative which could happen in the negotiations as well. Mr. Ahl said the Parks Commission specifically made a motion that the purchase agreement come back to the Parks Commission first and then bring it to the city council for approval should the motion pass. Councilmember Rossbach moved to Authorize the Preparation of the Purchase Agreement for the Gethsemane Park Land. Seconded by Councilmember Nephew. Ayes ? Councilmembers Juenemann, Nephew, Rossbach Nays ? Mayor Longrie, Councilmember Hjelle The motion passed. K. UNFINISHED BUSINESS Councilmember Nephew moved to hear item L1 (out of order on the agenda). Seconded by Hjelle. Ayes ? All L. 1. On-Sale Intoxicating Liquor License ? David Rodger Rewey, Dean?s Tavern. a. City Clerk, Director Citizen Services, Karen Guilfoile reported. b. David Rewey, Manager Deans Tavern, 1986 Rice Street, Maplewood addressed and answered questions of the council. Councilmember Hjelle moved to Approve the On-Sale Liquor License for Dean?s Tavern at 1986 Rice Street, managed by David Rewey. Seconded by Mayor Longrie. Ayes ? All The motion passed. August 25, 2008 11 Packet Page Number 69 of 123 City Council Meeting Minutes Councilmember Hjelle moved to recommend completing agenda items M4 and M5. Seconded by Councilmember Nephew. Ayes ? All The motion passed. Mayor Longrie announced a Special Council Meeting on Friday, August 29, 2008, at 5:00 p.m. for a Resolution Certifying Election Judges for the September 9, 2008, Primary Election. Due to the late hour the items in bold will be heard at the continuation meeting on August 28, 2008 at 5:00 p.m. K. UNFINISHED BUSINESS 1. Acceptance of Comprehensive Annual Financial Report, Presentation from Auditor and Presentation from Staff (Will be heard August 28, 2008) 2. Consider Adoption of 2009-2013 Capital Improvements Plan (Will be heard August 28, 2008) L. NEW BUSINESS 2. Carsgrove Meadows Area Improvements, City Project 08-10, Resolution Ordering Preparation of Feasibility Study. (Will be heard August 28, 2008) 3. County Road C Area Street Improvements, City Project 08-11, Resolution Ordering Preparation of Feasibility Study. (Will be heard August 28, 2008) 4. Castle Avenue Improvements, City Project 08-12, Resolution Ordering Preparation of Feasibility Study. (Will be heard August 28, 2008) 5. White Bear Avenue Improvements (Radatz to County Road D), City Project 08-13, Resolution Ordering Preparation of Feasibility Study. (Will be heard August 28, 2008) 6. Direction on Destruction of City Records Table Councilmember Nephew moved to this item until September 8, 2008. Seconded by Councilmember Hjelle. Ayes ? The motion to Table passed. 7. Request a Council Recommendation on Zebra Mussel and Other Invasive Species Management Report by St. Paul Regional Water Services. (Will be heard August 28, 2008) 8. Approval of Claims. (Will be heard August 28, 2008) August 25, 2008 12 Packet Page Number 70 of 123 City Council Meeting Minutes M. CONSENT AGENDA 1. Councilmember Hjelle moved to approve item M4. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 2. Councilmember Nephew moved to approve item M5. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 1. Lawful Gambling License White Bear Lake Basketball Association. (Will be heard August 28, 2008) 2. Temporary Gambling Permit and Fee Waiver ? Church of St. Jerome?s. (Will be heard August 28, 2008) 3. Brad Camitsch ? Ramsey County Sheriff?s ? Fright Farm on Ramsey County Fairgrounds ? Approval of Temporary Permit. (Will be heard August 28, 2008) 4. Hazelwood Street Improvements, City Project 07-25, Approval of MN/DOT Limited Use Permit for Trail. a. Assistant City Engineer, Michael Thompson gave the report. Councilmember Hjelle moved to approve the Agreement for the Hazelwood Street Improvements, City Project 07-25, Approval of MN/DOT Limited Use Permit for Trail. STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT FOR NONMOTORIZED RECREATIONAL TRAIL C.S. 6211(36=1180) City of Maplewood County of RAMSEY Realms LUP # 6211-0058 TH 36 from RR to Hazelwood St. In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as the Federal-Aid Policy Guide, a Limited Use Permit is hereby granted to the City of Maplewood, Permittee. This permit is for the purpose of constructing, maintaining and operating a nonmotorized recreational trail, (hereinafter called trail), within the right of way of Trunk Highway No. 36 as shown in red on Exhibit "A", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the attached resolution. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. The construction, maintenance, and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. August 25, 2008 13 Packet Page Number 71 of 123 City Council Meeting Minutes 2. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation, through the District Engineer. 3. No permanent structure(s) or advertising device(s) in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. 4. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right of way. 5. Any and all maintenance of the trail, and all facilities a part thereof, shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the installation and removal of regulatory signs. 6. This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy said right of way. 7. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to the Minnesota Department of Transportation and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 8. The Permittee shall construct the trail at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a trail that is compatible with the safe and efficient operation of the highway facility. 9. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 10. Upon completion of the construction of the trail, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 11. This permit does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 12. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of l968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. 13. This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 90 days written notice of such intent. Upon said notice of cancellation the trail shall be removed within 90 days by the Permittee. Upon cancellation of said permit, or any portion thereof, the Permittee will be required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of the trail and the return and restoration of the area shall be at no cost to the Minnesota Department of Transportation and at the sole expense of the Permittee. 14. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of l964, which provides in part that no person in the United August 25, 2008 14 Packet Page Number 72 of 123 City Council Meeting Minutes States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any trail. 15. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 16. No assignment of this permit is allowed. 17. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State?s right of way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 18. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the operations of the trail or from the use of the portion of highway right of way over which this permit is granted. 19. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right of way over which this permit is granted. 20. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages. 21. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. MINNESOTA DEPARTMENT OF TRANSPORTATION CITY OF MAPLEWOOD RECOMMENDED FOR APPROVAL By: __________________________ Its: Mayor_____________________________ By: ___________________________ Its: _ Acting City Manager _____________________ Date: ________ __ August 25, 2008 15 Packet Page Number 73 of 123 City Council Meeting Minutes By:_______________________________ District Engineer Date______________________________ APPROVED BY: COMMISSIONER OF TRANSPORTATION By:_______________________________ Director, Office of Land Management Date______________________________ The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 5. TH 61/Frost Avenue Improvements, City Project 07-30, Approval of Trail Agreement with Ramsey County Parks and Recreation. a. Assistant City Engineer, Michael Thompson gave the report. Councilmember Nephew moved to approve the Agreement Between Ramsey County Parks and Recreation and the City of Maplewood for the Construction and Long Term Maintenance of the Trail and Direct the Mayor and Acting City Manager to Sign the Agreement Signifying Council Approval. AGREEMENT BETWEEN CITY OF MAPLEWOOD AND COUNTY OF RAMSEY FOR CONSTRUCTION AND LONG TERM MAINTENANCE OF A PROPOSED TRAIL CONNECTION TO THE GATEWAY TRAIL ON COUNTY PARK AND RECREATION LAND 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 County MN 55109 (??) and the City of Maplewood, a municipal corporation of the State of Minnesota, City 1830 County Road B East, Maplewood MN 55109 (??). WHEREAS , The City is reconstructing the intersection of TH 61 and Frost Avenue/Parkway Drive (CSAH 27), including signal replacement, geometric improvements and a bituminous trail connection to the DNR Gateway Trail; and WHEREAS , A segment of the proposed bituminous trail connection is on Ramsey County Park and Recreation land, owned by the County; and August 25, 2008 16 Packet Page Number 74 of 123 City Council Meeting Minutes WHEREAS, The City has requested permission from the County to construct a portion of the trail connection on the Park and Recreation Property; and WHEREAS, This trail connection will provide additional recreational opportunities for users of Keller Regional Park; and WHEREAS, The City will be responsible for all costs associated the design, construction, and on- going maintenance, replacement and reconstruction of the proposed trail connection. NOW, THEREFORE, in consideration of the mutual covenants and promises made herein, the parties agree as follows: SECTION 1 TERMS 1) The City may construct the proposed trail connection on Ramsey County Park and Recreation property as described as follows: That part of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) of Section 16, Township 29 North, Range 22 West, Ramsey County, Minnesota, lying southerly of the Wisconsin Central Railroad right-of-way and westerly of part deeded to City of St. Paul and, 2) The City shall construct the proposed bituminous trail per the attached plans, Exhibit A. The trail alignment shall be verified by Ramsey County prior to construction. 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, if applicable, and shall be made a part of this agreement. 5) The City shall be responsible for all costs associated with the design, construction, and on-going maintenance, replacement and reconstruction of the bituminous trail. 6) The City shall not assess the County for any costs associated with the trail construction or any on-going maintenance of the trail. 7) The County grants the City limited access to the property solely for the purposes of maintaining the trail. 8) The City shall perform routine maintenance to the trail. Routine maintenance shall include sweeping, snow removal, bituminous patching and periodic overlays. The City shall contact the County a minimum of 72 in advance of any restoration or reconstruction activities. 9) The County grants the City permission to utilize the equipment and labor necessary for cleaning and maintenance activities on the trail. 10) The City shall be responsible for restoration of all areas disturbed by construction and maintenance activities. Restoration shall be completed per the original construction plans unless otherwise agreed to by the County. 11) 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 August 25, 2008 17 Packet Page Number 75 of 123 City Council Meeting Minutes matters relating to the trail. The City shall secure all required permits prior to commencing construction. SECTION 2 DURATION 1) The City shall perform maintenance, restoration and reconstruction activities on the trail in a timely manner and to the satisfaction of the County. The County shall submit any requests for maintenance and improvements of the trail 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 or improvement 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. Upon such termination, and if requested by the County, the City shall remove the trail from County property and restore the property to the satisfaction of the County. 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. 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 INDEMNIFICATION & 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 August 25, 2008 18 Packet Page Number 76 of 123 City Council Meeting Minutes 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: 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 Mayor Ramsey County Board of Commissioners Date:_____________________________ Date:_________________________ _________________________________ _____________________________ Bonnie Jackelen, Chief Clerk City Manager Ramsey County Board of Commissioners Date:_____________________________ Date:_________________________ _____________________________ Approved as to form by LegalCounsel Approval Recommended: __________________________________ Gregory A. Mack, Director Parks and Recreation Department Approved As to Form and Insurance: August 25, 2008 19 Packet Page Number 77 of 123 City Council Meeting Minutes __________________________________ Assistant County Attorney __________________________________ Budgeting and Accounting Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 6. Joy Park Phase I Improvements, Resolution Approving Plans and Specifications and Advertising for Bids. (Will be heard August 28, 2008) N. AWARD OF BIDS 1. Maplewood Nature Center Sustainable Landscape Project, Resolution Approving Award of Bid (Will be heard August 28, 2008) O. VISITOR PRESENTATIONS ? PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:35 p.m. when the remainder of the city council will reconvene at 5:00 p.m. August 28, 2008. August 25, 2008 20 Packet Page Number 78 of 123 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL Continuation of the August 25, 2008 Council Meeting Thursday, August 28, 2008 AT 5:00 P.M. Council Chambers Meeting No. 22-08 *Items that are stricken were heard August 25, 2008 A. CALL TO ORDER Mayor Longrie called the meeting to order at 5:00 p.m. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present at 5:30 p.m. John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. ADMINISTRATIVE PRESENTATIONS 1. Announce Special Meeting on Friday, August 29, 2008, at 5:00 p.m. D. COUNCIL PRESENTATIONS 1. State Fair Exhibit ? Mayor Longrie (added to the agenda 8-25-08) 2. White Bear Lake Police Department (added to the agenda) 3. Rush Line Corridor? Mayor Longrie (added to the agenda 8-25-08) 4. Dead Grass ? Councilmember Nephew (added to the agenda 8-25-08) 5. Comp Plan in the South Leg ? Councilmember Nephew (added to the agenda 8-25-08) E. UNFINISHED BUSINESS 1. Acceptance of Comprehensive Annual Financial Report, Presentation from Auditor and Presentation from Staff a. Acting City Manager, Chuck Ahl introduced the agenda item. b. Andy Hering, HLB Tautges Redpath, Ltd., 4810 White Bear Parkway, White Bear Lake, addressed and answered questions of the council. c. David Mol, HLB Tautges Redpath, Ltd. addressed and answered questions of the council. d. Finance Director, Bob Mittet gave the presentation. Councilmember Juenemann moved to approve the 2007 Comprehensive Annual Financial Report. Seconded by Mayor Longrie. Ayes ? All The motion passed. The city council took a recess at 7:30 p.m. The council reconvened at 7:40 p.m. 2. Consider Adoption of 2009-2013 Capital Improvements Plan (SENT TO CHUCK FOR REVIEW) a. Acting City Manager, Chuck Ahl gave the report. 1 August 28, 2008 City Council Meeting Minutes A Continuation of August 25, 2008 City Council Meeting Packet Page Number 79 of 123 Councilmember Hjelle moved to adopt the 2009-2013 Capital Improvement Plan as proposed by the staff on June 9, 2008. Option #1 would be the option not included in the CIP: Street Project Delays and Deferrals which would reduce the overall CIP by a total of $11,707,000 with bonding being reduced by $9,458,500 and general obligation debt by $3,628,000. (Under the project description TIF may be a tool for use in deferral to a developer of special assessments of the public improvement project. Acting City Manager Ahl read aloud some wording that could be included in the motion. Mayor Longrie made the friendly amendment to accept the wording that Mr. Ahl stated. Under the project description, TIF may be a tool for use in deferral to a developer of special assessments of the public improvement project. (Mayor Longrie asked Mr. Ahl if he had included qualifying projects. He answered yes). This was accepted by both Councilmembers Hjelle and Nephew. Seconded by Councilmember Nephew. Ayes ? All The motion passed. F. NEW BUSINESS 1. On-Sale Intoxicating Liquor License ? David Rodger Rewey, New License/Manager, Dean?s Tavern (Heard on August 25, 2008) 2. Carsgrove Meadows Area Improvements, City Project 08-10, Resolution Ordering Preparation of Feasibility Study a. Assistant City Engineer, Michael Thompson gave the report. Councilmember Hjelle moved to Approve the Resolution Ordering the Preparation of the Feasibility Study for the Carsgrove Meadows Area Street Improvements, City Project 08-10. RESOLUTION 08-08-122 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Carsgrove Meadows Area Streets, City Project 08-10, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $80,000 are appropriated to prepare this feasibility report. th Approved this 28 day of August 2008 2 August 28, 2008 City Council Meeting Minutes A Continuation of August 25, 2008 City Council Meeting Packet Page Number 80 of 123 Mayor Longrie made a friendly amendment to reduce the feasibility study funds from $80,000 to $50,000. If it takes additional funds staff can come back to the council for approval. Councilmember Hjelle said as the person who made the motion he approved $80,000 for this project study, he only wanted accountability for the study in the end. The friendly amendment failed. Seconded by Councilmember Rossbach. Ayes ? Councilmember Hjelle Juenemann, Nephew & Rossbach Nay ? Mayor Longrie The motion passed. 3. County Road C Area Street Improvements, City Project 08-11, Resolution Ordering Preparation of Feasibility Study a. Assistant City Engineer, Michael Thompson gave the report. b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Hjelle moved to Approve the Resolution Ordering Preparation of Feasibility Study for the County Road C Area Street Improvements. RESOLUTION 08-08-123 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the County Road C Area Streets, City Project 08-11 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $80,000 are appropriated to prepare this feasibility report. th Approved this 28 day of August 2008. Seconded by Councilmember Juenemann. Ayes ? Councilmembers Hjelle, Juenemann, Nephew, & Rossbach 3 August 28, 2008 City Council Meeting Minutes A Continuation of August 25, 2008 City Council Meeting Packet Page Number 81 of 123 Nay ? Mayor Longrie The motion passed. 4. Castle Avenue Improvements, City Project 08-12, Resolution Ordering Preparation of Feasibility Study a. Assistant City Engineer, Michael Thompson gave the report. b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Hjelle moved to Approve the Resolution Ordering the Preparation of the Feasibility Study for the Castle Avenue Improvement, City Project 08-12. RESOLUTION 08-08-124 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Castle Avenue, City Project 08-12, and to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he/she is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $30,000 are appropriated to prepare this feasibility report. th Approved this 28 day of August. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 5. White Bear Avenue Improvements (Radatz to County Road D), City Project 08-13, Resolution Ordering Preparation of Feasibility Study a. Assistant City Engineer, Michael Thompson gave the report. b. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Hjelle moved to Approve the Resolution Ordering the Preparation of the Feasibility Study for the White Bear Avenue Improvements, City Project 08-13. RESOLUTION 08-08-125 4 August 28, 2008 City Council Meeting Minutes A Continuation of August 25, 2008 City Council Meeting Packet Page Number 82 of 123 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to White Bear Avenue, City Project 08- 13, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city?s consultant, Kimley-Horn and Associates, Inc., for study and it is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $29,700 are appropriated to prepare this feasibility report. th Approved this 28 day of August 2008. Seconded by Councilmember Juenemann. Ayes ? Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Nay ? Mayor Longrie The motion passed. 6.Direction on Destruction of City Records (WAS TABLED AUGUST 25, 2008, UNTIL SEPTEMBER 8, 2008.) 7. Request a Council Recommendation on Zebra Mussel and Other Invasive Species Management Report by St. Paul Regional Water Services a. Deputy Director of Public Works, DuWayne Konewko gave the report. b. City Attorney, Alan Kantrud addressed and answered questions of the council. Councilmember Juenemann moved to Approve the City Council to send a recommendation to the St. Paul Water Board for their September 9 board meeting which states that the draining of water which may contain zebra mussels or other invasive species from St. Paul Regional Water Service?s conduits into drainage ways which will enter Maplewood?s lakes and streams is unacceptable and that the St. Paul Regional Water Services should work with the Department of Natural Resources on long-term solutions to the spread of invasive species through water operations. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 8. Approval of Claims Councilmember Hjelle moved to deny Approval of Claims. 5 August 28, 2008 City Council Meeting Minutes A Continuation of August 25, 2008 City Council Meeting Packet Page Number 83 of 123 The motion failed for a lack of second. Councilmember Juenemann moved Approval of Claims. ACCOUNTS PAYABLE: $ --------------- No Checks Written this Week. AP Employee on Vacation. $ 3,667,127.02 Disbursements via debits to checking account Dated 08/01/08 thru 08/19/08 $ 1,367,127.02 Checks # 76176 thru # 76264 Dated 08/04/08 thru 08/19/08 $ 300,581.74 Disbursements via debits to checking account Dated 08/08/08 thru 08/15/08 __________________ $ 5,334,493.92 Total Accounts Payable PAYROLL $ 486,824.89 Payroll Checks and Direct Deposits dated 08/01/08 $ 3,609.46 Payroll Deduction check #1005674 thru #1005675 dated 08/01/08 ___________________ $ 490,434.35 Total Payroll GRAND TOTAL $ 5,824,928.27 Seconded by Councilmember Nephew. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. G. CONSENT AGENDA 1. Lawful Gambling License ? White Bear Lake Basketball Association Councilmember Juenemann moved to approve the Lawful Gambling Resolution for the White Bear Lake Basketball to Operate at Broadway Pizza at 1900 County Road D East, Maplewood. LAWFUL GAMBLING LICENSE RESOLUTION 08-08-126 6 August 28, 2008 City Council Meeting Minutes A Continuation of August 25, 2008 City Council Meeting Packet Page Number 84 of 123 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the White Bear Lake Basketball to operate at Broadway Pizza, located at 1900 County Road D East, Maplewood, Minnesota. 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. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 2. Temporary Gambling Permit and Fee Waiver ? Church of St. Jerome?s Councilmember Juenemann moved to approve the Temporary Gambling Permit and Fee Waiver for the Church of St. Jerome?s at 380 Roselawn Avenue East Maplewood. RESOLUTION 08-08-128 Temporary Gambling Permit and Fee Waiver Church of St. Jerome?s BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the Church of St. Jerome?s, 380 E. Roselawn Avenue, to be used on September 21, 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. As required, a certificate of coverage for liquor liability insurance from Catholic Mutual with an endorsement protecting the City was required and received. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 7 August 28, 2008 City Council Meeting Minutes A Continuation of August 25, 2008 City Council Meeting Packet Page Number 85 of 123 3. Brad Camitsch ? Ramsey County Sheriff?s ? Fright Farm on Ramsey County Fairgrounds ? Approval of Temporary Permit Councilmember Juenemann moved to Approve the Temporary Permit for Ramsey County Sheriff?s Fright Farm on Ramsey County Fairgrounds. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 4.Hazelwood Street Improvements, City Project 07-25, Approval of MN/DOT Limited Use Permit for Trail (Heard 8-25-08) 5.TH 61/Frost Avenue Improvements, City Project 07-30, Approval of Trail Agreement with Ramsey County Parks and Recreation (Heard 8-25-08) 6. Joy Park Phase I Improvements, Resolution Approving Plans and Specifications and Advertising for Bids a. Deputy Director Public Works, DuWayne Konewko gave the report and answered questions of the council. Councilmember Juenemann moved to approve the Resolution for the Joy Park Phase 1 Improvements for 2008, City Project Fund Number 403-000-351-4720: Approving Plans and Specifications and Advertising for Bids. RESOLUTION 08-08-127 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on June 23rd, 2008 plans and specifications for Joy Park Phase I Improvements have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty- one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 19th day of September, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of September 22, 2008. 8 August 28, 2008 City Council Meeting Minutes A Continuation of August 25, 2008 City Council Meeting Packet Page Number 86 of 123 Seconded by Councilmember Rossbach. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. N. AWARD OF BIDS a. Maplewood Nature Center Sustainable Landscape Project, Resolution Approving Award of Bid a. Deputy Director Public Works, DuWayne Konewko gave the presentation. Mayor Longrie moved to approve the City Council accept the Bid by Earthworks for the Maplewood Nature Center Sustainable Landscape Project. Staff recommends funding the project in the amount of $82,760, to include all items in the base bid plus additional bid items: replace existing sidewalk, install memorial pavers, install rain planter, and install mesh in play area. Staff recommends that the following funds are used for the project: $51,660 from the CIP #PR04.030, $27,175 grant from RWMWD, and no more than $5,000 out of the Open Space Management Budget ? fees for service. All monies from these accounts are provided for in each of the respective budgets. Staff recommends that the city council accept the $27,175 matching grant from RWMWD. This grant requires the city to provide a minimum match of $27,175. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. O. VISITOR PRESENTATION ? PART II None. (Administrative and Council Presentations were held over until the end of the agenda) C. ADMINISTRATIVE PRESENTATIONS 1. Special Meeting on Friday, August 29, 2008, at 5:00 p.m. Acting City Manager, Chuck Ahl announced there is a Special Council Meeting on Friday, August 29, 2008, at 5:00 p.m. for the purpose of council approving the Resolution Certifying Election Judges for the September 9, 2008, Primary Election. D. COUNCIL PRESENTATIONS 1. Fair Exhibit ? Mayor Longrie Mayor Longrie described a display at the State Fair and she provided a flyer to Mr. Konewko that she thought the green team would find useful. 2. White Bear Lake Police Department ? Mayor Longrie said the White Bear Lake Police Department Implemented a Criminal Worthless Check Diversion Program to recover restitution from individuals issuing NSF and Account Closed Checks for no cost to White Bear Lake businesses and residents. This may be of interest to Maplewood. Mayor Longrie provided information for staff. 3. Ramsey County Rush Line Corridor Open House? Mayor Longrie said an open house is scheduled for October 2, 2008, from 5:30 p.m. ? 8:00 p.m. at the Maplewood Community Center. 4. Dead Grass ? Councilmember Nephew spoke regarding Maplewood resident Ms. Juker that spoke at the August 25, 2008, council meeting. He would be interested in hearing what is available to address these kinds of issues and problems for residents. 9 August 28, 2008 City Council Meeting Minutes A Continuation of August 25, 2008 City Council Meeting Packet Page Number 87 of 123 5 .Comp Plan in the South Leg ? Councilmember Nephew said at the Planning Commission public hearing regarding the comprehensive land use plan, there was a shortage of residents from the south leg of Maplewood present. After the meeting he heard some concerns shared regarding the possible density levels for the rural low density residential designation and wanted to bring that to the attention of staff. (More information regarding an update on the comp plan will be discussed during the September 8, 2008, city council meeting.) P. ADJOURNMENT Mayor Longrie adjourned the meeting at 9:21 p.m. 10 August 28, 2008 City Council Meeting Minutes A Continuation of August 25, 2008 City Council Meeting Packet Page Number 88 of 123 MINUTES MAPLEWOOD CITY COUNCIL 5:00 p.m., Monday, August 29, 2008 Council Chambers, City Hall Meeting No. 23-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Absent Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA C. Mayor Longrie had two items to briefly discuss during Council Presentations. 1. Traffic on Roselawn Avenue and 2. Notice Received by the Minnesota Pollution Control Agency. Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. D. NEW BUSINESS 1. Resolution Certifying Election Judges for the September 9, 2008, Primary Election a. City Clerk, Citizen Services Director, Karen Guilfoile gave the report. Councilmember Nephew moved to approve the Resolution Certifying Election Judges for the September 9, 2008, Primary Election. RESOLUTION 08-08-129 ACCEPTING ELECTION JUDGES RESOLVED , that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2008 State Primary Election, to be held on Tuesday, September 9, 2008. Admasu, Marta Arnold, Carole Berglund, Keven Ahrens, Fran Barrett, Marlis Berry, Robert Anderson, Cynthia Bartelt, Joan Bleck, Isaac Anderson, Elsie Bartol, Jeffrey Bortz, Albert Anderson, Kris Bedor, David Bortz, Jeanne Anderson, Suzanne Behrens, Margaret Boyd, Mary Anderson, Vivian Belland, Jaime Breidenstein, Ann Marie Ansari, Ahsan Berg, Helen Brudzinski, Margaret Packet Page Number 89 of 123 Bunde, Jennette Golaski, Diane Lauren, Lorraine Bunkowske, Bernice Grant, Guy Lawrence, Donna Burris, Patrick Gudknecht, Jamie Lee, Delores Button, Joan Gunn, Jaclynn Leiter, Barbara Cahanes, Lucille Guthrie, Rosie Leo, Ann Campbell, Lyla Haack, Donita Leo, Pati Campbell, Thomas Hart, Barbara Leonard, Claudette Carbone, Joyce Heidelberg-Anderson, Suzanne Leonard, Erin Heininger, Gordon Carle, Jeanette Lincowski, Steve Herber, Darlene Carr, Robert Lincowski, Vi Hess, Harland Casey, Cynthia Lockwood, Jackie Hill, Jan Cleland, Ann Lodge, Audrey Hilliard, Barb Cohn Madson, Debra Lofgren, Delores Hines, Constance Connelly, Thomas Lofgren, Richard Hogan, Anna Connolly, Colleen Lowe-Adams, Shari Holzemer, Mary Copher, Mark Lucas, Lydia Honsa, Kay Corbett, Robert Luttrell, Shirley Horn, Gary Corman, Michael Mahowald, Valerie Horton, Shirlee Dansdill, Joanne Mahre, Carol Howard, Kathie D'Arcio, India Mahre, Jeri Hulet, Jeanette Davidson, Mae Manthey, John Huntoon, Lynn Davidson, Marianne Marsh, Delores Hyvarinen, Theresa Deeg, Edward Maskrey, Thomas Iversen, Mildred Dempsey, Loree Maustou, Shelia Iversen, Thomas Desai, Bhupat Mawr, Mary Lynn Janacek, Jeffrey DeZelar, Phil McCarthy, Peggy Jefferson, Gwendolyn Dicks, Judy McCauley, Judy Johannessen, Judith Dickson, Helen Jean McDonough, Carol John, Frederick Dittel, Kathleen McQuade, Breanna John, Kathleen Droeger, Diane Mealey, Georgia Johnson, Audry DuCharme, Fred Mechelke, Geraldine Johnson, Barbara Duellman, Audrey Mechelke, MaryLou Johnson, Mary Dunshee, Wayne Mercier, Cheryl Jones, Shirley Eickhoff, Carolyn Mercier, Matthew Jurmu, Joyce Erickson, Elizabeth Meyer, Jackie Kansier, Christine Evans, Joan Miho-Bork, Erzsibet Kinley, Timothy Feld, Robyn Milan, Jason Kirchoff, Harold Fischer, Lorraine Miller, Maureen Klein, Deana Fischer, Mary Miller, Seth Kliever, Rosemary Fischer, Peter Misgen, Joan Knauss, Carol Fitzgerald, Delores Moss, Marlene Koch, Rosemary Fitzgerald, Edward Mossong, Betty Koemptgen, Robert Fosburgh, Anne Mudek, Dolores Kohuth, Julie Francis, Gretchen Mudek, Leo Kolasa, Joan Francis, Robert Muraski, Gerry Kramer, Dennis Franssen, MaryAnn Myster, Thomas Kramer, Patricia Franzen, James Nettleton, Janet Krekelberg, Mona Lou Freer, Mary Jo Nieters, Louise Kreuser, Sandy Friedlein, Charlene Nissen, Helen Lackner, Marvella Friedlein, Richard Norberg, Ann Lally, Rita Frye, Beverly Oakes, Todd Lampe, Charlotte Gavin, Barbara O'Brien, D. William (Bill) Lampe, Charlotte Gebauer, Marilyn Olson, Anita Larson, Anita Gimble, Muriel Olson, Lois Packet Page Number 90 of 123 Olson, Norman Stohr, Matt Opatrny, Kathleen Storm, Mary Oscarson, Michael Strunk, Amye Overstreet, Sherri Sutherland, Linda Paddock, Ken Svec, Jim Palacio, Helen Swanson, Ingrid Parent, Dian Swieringa, Jennifer Pariana, Patrice Tachery, Meghan Pearson, Gina Taibl, Genevieve Pehl, David Tangen, Joyce Peitzman, Lloyd Taruscio, Anges Peterson, Tracy Taylor, Lorraine Picard, David Taylor, Rita Pickett, Shirley Telle, Chrisann Popham, Mike Telle, Dale Pound, Elisabeth Thomforde, Faith Radermacher, Karla Tillman, Leila Rahn, Delbert Tolbert, Franklin Rahn, Delbert Trippler, Dale Rasmussen, Michael Unger, Connie Rempel, Lovella Urbanski, Carolyn Rohrbach, Charles Urbanski, Holly Rohrbach, Elaine Urbanski, Michelle Roller, Carolyn Urbanski, William Ronholm, Mary VanBlaricom, Beulah Rowe, Charles Vanek, Mary Ruby, Shirley Vatne, Mary Rudeen, Elaine Vignalo, Delores Sandberg, Janet Volkman, Phyllis Satriano, Pauline Wandersee, Gene Sauer, Elmer Wasmundt, Gayle Sauer, Kathleen Wegleitner, Jane Sauro, Janet Weldy, Susan Scheunemann, Marjorie Westberg, Ronald Schluender, Cynthia Whitcomb, Larry Schneider, MaryAnn Wilke, Mike Schoenecker, Sandra Willy, John Schroepfer, HarrietWitschen, Delores Schultz, Louise Wohlhuter, Lorraine Seidel, David Wood, Susan Seidel, Gloria Yorkovich, Cindy Sether, Marianne Zabel, Gary Sether, Orville Zacho, Karen Shankar, Ananth Zimmel, Virginia Shockley, Diana Snidarich, Lisa Soria, Rosaline Spangler, Bob Spear, Michele Spies, Louis Stafki, Tim Stemig, Mary Stenson, Karen Stevens, Sandra Packet Page Number 91 of 123 Recommendation of the approved list of election judges is requested. Approval of this Resolution does not qualify individuals to serve as election judges. Appointments will be made from this list to fill the needed positions but not everyone on this list will be appointed. Additionally, individuals that have not completed the required election judge training and completed the paperwork required by the city will not be permitted to work unless they have met these requirements. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. E. COUNCIL PRESENTATIONS Mayor Longrie made mention of two items that came to her attention and said she would make copies of the information for the council and staff. 1. Traffic on Roselawn Avenue Mayor Longrie wanted to bring it to the attention of council and staff that there are continuing problems with the bus and car traffic, speed and problems with the Schroeder Milk Trucks along Roselawn Avenue. 2. Notice from the Minnesota Pollution Control Agency Mayor Longrie mentioned a violation letter regarding the Myrtle Street Sterling Street improvement project which Michael Thompson in Engineering has already received. The letter asks for an immediate response that the regulated parties install all erosion and sediment control practices in order to bring the site into compliance. Mr. Ahl said the contractor is responsible for the permit and this issue has already been addressed. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 5:15 p.m. August 29, 2008 4 SPECIAL MEETING MINUTES Packet Page Number 92 of 123 City Council Meeting Minutes Agenda Item K1 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Consider Resolution Modifying Public Hearing Date for the Purpose of Modifying the TIF District Budgets and Extending the Duration of Districts DATE: September 3, 2008 INTRODUCTION/SUMMARY On July 14, 2008, the City Council received a report from Springsted, Inc. that recommended revisions to existing Tax Increment Financing (TIF) Districts 1-1, 1-2, 1-3, 1-4 and 1-5. A Public Hearing was called for September 8, 2008 to consider revising those districts. A publication error occurred that does not allow the Public Hearing to proceed. A motion to call the hearing nd for September 22 is required to allow adequate time for the publication of the notice. DISCUSSION The proposed action will result in addressing some of the approximately $300,000 in shortfalls that have existed in our current TIF Districts specifically due to the revisions to the state tax collection procedures implemented with the laws of 2001. In the interim, general levy funds have been used to pay off the 1995 tax increment bonds. If implemented, the intent is to reduce the amount of general levy funds pledge to these bonds beginning in 2009. RECOMMENDATION It is recommended that the City Council adopt the attached resolution calling for a public hearing on September 22, 2008 at 7:00 pm. Attachments: 1. Resolution 2203628v2 Packet Page Number 93 of 123 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: September 8, 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 held at the City Hall on Monday, the 8th day of September, 2008 at 7:00 o?clock p.m. for the purpose, in part, of calling a public hearing on the City?s tax increment financing districts within its municipal development district. The following Councilmembers were present: and the following were absent: Councilmember _______________________ introduced the following resolution and moved its adoption: RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED ADOPTION OF AMENDMENTS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-1, 1-2, 1-3, 1-4, AND 1-5 WITHIN MUNICIPAL DEVELOPMENT DISTRICT NO. 1 BE IT RESOLVED by the City Council (the ?Council?) of the City of Maplewood, Minnesota (the ?City?), as follows: 1.Public Hearing. This Council shall meet on Monday, September 22, 2008, at approximately 7:00 p.m., to hold a public hearing on the proposed adoption of (a) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2, 1-3, 1-4, and 1-5 within Municipal Development District No. 1, for an increase in the budget of said Tax Increment Financing Districts, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the ?Act?); and (b) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2 and 1-3 within Municipal Development District No. 1, for an extension of the duration of said Tax Increment Financing Districts, all pursuant to and in accordance with the Act and particularly Minnesota Statutes, Section 469.1794, as amended. 2.Notice of Hearing; Filing of Plan Amendments. The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed Amendments to the Tax Increment Financing Plans on file in the City Clerk?s Office at City Hall and to make such copies available for inspection by the public. 2203628v2 Packet Page Number 94 of 123 3.Rescheduling. The hearing on this matter originally scheduled for Monday, September 8, 2008 is hereby postponed until Monday, September 22, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember _____________________ and upon vote being taken thereon, the following voted in favor and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City?s tax increment financing districts within its municipal development district. ______________________________ City Clerk 2203628v2 Packet Page Number 95 of 123 EXHIBIT A CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the ?Council?) of the City of Maplewood, County of Ramsey, State of Minnesota, will hold a public hearing on Monday, September 22, 2008 at 7:00 p.m., at the Maplewood City Hall, 1830 E. County Road B, in the City of Maplewood, Minnesota, relating to the adoption of the following: (a) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2, 1-3, 1-4, and 1-5 within Municipal Development District No. 1, for an increase in the budget of said Tax Increment Financing Districts, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the ?Act?); and (b) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2 and 1-3 within Municipal Development District No. 1, for an extension of the duration of said Tax Increment Financing Districts, all pursuant to and in accordance with the Act and particularly Minnesota Statues, Sections 469.1794, as amended. Copies of the Amendments to the Tax Increment Financing Plans as proposed to be adopted will be on file and available for public inspection at the office of the City Clerk at City Hall. A map of Municipal Development District No. 1, and Tax Increment Financing District Nos. 1, 2, 3, 4 and 5 is set forth below: [INSERT MAP of Municipal Development District No. 1, and Tax Increment Financing District Nos. 1, 2, 3, 4 and 5] All interested persons may appear at the hearing and present their view orally or in writing. Dated: _____________, 2008. BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk . 2203628v2 Packet Page Number 96 of 123 Agenda Item K2 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Consider Approval of Proposed Maximum Tax Levy Payable in 2009 DATE: September 3, 2008 INTRODUCTION/SUMMARY State law requires that cities certify their proposed tax levies to the County Auditor by September 15 of each year. The proposed tax levy that is adopted and certified by the City Council to the County Auditor is the maximum amount that the City intends to collect and cannot be increased. The Council may reduce the amount of the levy based upon additional information and public testimony at the public hearing on the budget. A resolution is attached that should be adopted to set the maximum levy. Summary of Options for Tax Levy On August 25, 2008, the City Council reviewed preliminary information on the 2009 tax levy. The City of Maplewood sets it?s levy based upon the following revenue needs: Operations: This portion of the levy is the largest and includes the General Fund that finance the majority of City operations; the Community Center Operations Fund and the Recreation Programs Fund which have, in the past, required a tax levy subsidy to operate. The portion of the levy for operations is restricted by the 2008 levy limits to a 3.9% increase plus an adjustment for growth. The levy limit for 2009 with the growth adjustment is a 4.8% increase. The 2008 amounts for each of these Funds and the percentage of the total levy is: General Fund - $11,644,525 (74.9%) o Community Center Operations Fund - $ 230,000 ( 1.5%) o Recreation Programs Fund - $ 250,000 ( 1.6%) o Total 2008 Operations - $12,124,525 (78.0%) o Capital Improvements: This portion of the levy is dedicated to large purchases and on-going replacements. The funds are used for these purchases are the Capital Improvements Project Fund, the Fire Truck Replacement Fund, the Parks Development Fund and the Redevelopment Fund. No taxes were levied for these funds in 2008. Debt Service: This portion of the budget is for the Debt Service Fund for payment of principal and interest on bonded indebtedness of the City. The 2008 tax levy for this fund is: Debt Service Fund - $ 3,421,925 (22.0%) o Summary of 2008 Levy: The Total Levy for 2008 as revenue for all Funds is $15,546,450. Packet Page Number 97 of 123 2009 Maximum Levy Page Two PROPOSED 2009 LEVY Attached is the proposed maximum levy for 2009. The recommendation is for an operations levy increase at the maximum level of 4.8%. As part of the 2007 Audit, it was reported that the Employee Benefits Fund had met all liabilities and that excess funds existed. We are proposing that the extra funds that are estimated to be $1.2 million at the end of 2008 be returned to the funds that they were collected from. That results in a transfer of approximately $890,000 back to the General Fund. It is recommended that this money be used for levy relief over the next 2+ years as follows: 1. An allocation of $348,780 to cover the levy proposed in 2009, 2010 and 50% of 2011 within the Capital Improvements Plan for Capital Improvement Projects such as the in car video system for police cars [$126,280]; $150,000 for park system replacements; and beginning to establish a fund for replacement of the boilers at City Hall. 2. An allocation of $181,640 to the Fire Truck Replacement Fund. This would allow replacement of a fire truck in late 2009 and another truck in 2013, assuming additional funds are provided after 2011 to this fund. 3. An allocation of $360,000 to reduce the tax levy increase in the Debt Service Fund to 10.4%. 2009 Expenditures The Department Heads have presented requests for their department budgets for 2009 based upon estimated wage increases and benefit increases. Due to the full funding of the Employee Benefits Fund, departments who are heavily reliant upon personnel can be fully funded and still result in a budget reduction. This is most apparent in the Police Department. There have been no reductions and no cuts to the Police Deparmtent request, yet the resulting accounting shifts indicate that the Police budget shows a reduction of 2.2% over the 2008 allocation. A reference to the 2007 Police Budget shows that the 2009 request for Police is a 5.5% increase over the 2007 amount, which is more reflective of the actual increases. Following are the current proposed expenditures by department: Department 2008 Budget 2009 Budget 1. Citizen Services $ 970,827 $ 1,019,200 2. Executive $ 1,069,653 $ 1,203,300 3. Finance $ 594,502 $ 619,690 4. Fire $ 1,812,357 $ 1,868,490 5. Inspect, Plan, Bld Op $ 2,125,794 $ 2,109,830 6. Legislative $ 156,128 $ 153,030 7. Police $ 7,807,835 $ 7,633,200 8. Public Works $ 3,490,363 $ 3,671,750 9. Additional Insurance $ 0 $ 250,000 10. Total Expenditures $18,027,459 $18,528,490 [2.8% increase] Note that additional revenues of $5,900,000 are part of the General Fund that offset the need for additional levy. The $250,000 listed as additional insurance is funding set aside to cover unanticipated expenses for lawsuits, funding for employee wage increases above that budgeted and other unanticipated expenses. Based upon this plan, the likely fund balance percentage will be set at 36.9% [with the additional $250,000 in reserve] of revenues. During October, each Department will present their budget for consideration and discussion. Packet Page Number 98 of 123 2009 Maximum Levy Page Three TAX BASE ISSUES Preliminary information on Maplewood?s tax base indicates that total property values will likely show a decrease of approximately 2.5%. Full breakdowns are not currently available, however, indications are that residential values will, on average, be down by 6%, while commercial / industrial values will be up over 9%. This confirms the reverse in the trend of the early 2000?s that showed the percentage of property taxes collected from residential properties was quickly rising. Following is current Estimated pay 2009 values for Maplewood: TAXABLE VALUE 2007 2008 2009 Estimate Real Estate $48,753,765 $50,555,758 $49,911,693 Personal Property $ 463,173 $ 463,104 $ 468,821 Tax Increment Districts (496,216) (515,781) (518,203) Sub-Total $48,720,722 $50,503,081 $49,862,311 Fiscal Disparities: Contribution (6,002,384) (7,013,611) (7,211,843) Distribution 3,801,563 4,535,739 5,244,733 Net Contribution (2,200,821) (2,477,872) (1,967,110) Total Taxable Value $46,519,901 $48,025,209 $47,895,201 RECOMMENDATION It is recommended that the City Council adopt the attached resolution that establishes the maximum levy for 2008 payable in 2009 at 4.8% increase for the operating levy and an additional 1.2% increase for the Debt Service Levy. Attachments: 1. 2009 Budget ? Tax Levy by Fund 2. Resolution Packet Page Number 99 of 123 RESOLUTION PROVIDING PRELIMINARY APPROVAL OF A PROPOSED TAX LEVY PAYABLE IN 2009 WHEREAS, State law requires that the City Council give preliminary approval of a proposed tax levy for 2008 payable in 2009 by September 15, 2008, and WHEREAS, the City Council has reviewed preliminary information on the Proposed Tax Levy by fund and has determined the amount of the proposed tax levy payable in 2009 which is the maximum amount that will be levied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THAT the proposed tax levy for 2008 payable in 2009 in the amount of $16,481,820 is hereby approved and shall be certified to the Ramsey County Auditor. Packet Page Number 100 of 123 2009 BUDGET TAX LEVY BY FUND Proposed 20082009Change LevyLevyAmountPercent Operations: General Fund$11,644,525$507,9554.4% $12,152,480 Community Center Operations Fund $230,000$70,00030.4% $300,000 Recreation Programs Fund $250,000$00.0% $250,000 Operations Total$12,124,525$12,702,480$577,9554.8% Capital Improvements: C.I.P. Fund$0$0$0N/A F.T.R. Fund$0$0$0N/A Park Development Fund$0$0$0N/A Redevelopment Fund $0$0$0N/A Capital Improvements Total$0$0$0N/ A TOTAL LEVY FOR OP. & CAP. IMP.$12,124,525$12,702,480$577,9554.8% Debt Service: Debt Service Fund$3,421,925$3,779,340$357,41510.4% A Totals-All Funds$15,546,450$16,481,820$935,3706.0% A-Amount per P\BUDGET\BUDMISC\2009\DEBT SERVICE LEVY less transfer from General Fund of $360,000 P\BUDGET\BUDMISC\2009\09taxestD 3-Sep-08 Packet Page Number 101 of 123 Agenda Item K3 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Set Public Hearing Dates on Proposed 2009 Budget and Property Tax Levy DATE: September 3, 2008 INTRODUCTION/SUMMARY State law requires that cities hold a public hearing on its budget and property tax levy for 2009. The following procedures are required: th Certify to Ramsey County the date it has selected by September 15; thth Hold the meeting between November 29 and December 20; Hold the hearing after 5:00 pm if it is on a day between Monday and Friday or at any reasonable time on Saturday; and Not to conflict with hearings for the County, Metro Special Taxing Districts or the three School Districts in Maplewood RECOMMENDATION It is recommended that the City Council adopt a motion to hold the City?s Truth in Taxation Hearing on Monday, December 8, 2008 at 7:00 pm as part of the regular City Council Meeting. Packet Page Number 102 of 123 AGENDA ITEM L1 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, Director Citizen Services RE: Direction on Destruction of City Records DATE: August 20, 2008 Background As staff continues to create electronic files for all permanent records, the minutes for City Council Meetings from 1970 to date have been scanned into Laser Fiche. According to IT Director, Mychal Fowlds, Laser Fiche, the software that manages our permanent document repository, is backed up on a daily basis. With our current backup schedule, backups of the images and database are done nightly with the monthly backup stored off-site. With our new backup schedule, which will be implemented by the end of August, nightly backups will continue to occur but all backups will be stored off- site further increasing our preparedness for disaster recovery. The Minnesota Historical Society has been contacted to inquire if the minutes should be sent to them for permanent storage. Since our records have been scanned into Laser Fiche, and therefore are considered the permanent record, the MN Historical Society is not interested in obtaining them. In the event that the city council directs staff to destroy the records, the Maplewood Historical Society and the Historical Preservation Commission will be contacted to see if they are interested in storing them. If not, a member of the city council has indicated an interest in obtaining them. Recommendation It is requested that council direct staff to first contact the Maplewood Historical Society to see if they are interested in obtaining the records. If they are not, the Historical Preservation Commission will be contacted. In the event that neither is interested in receiving the records, the interested member of the council will be contacted. The records will not, however, be transferred to the Society, Commission, or to the council member until approval of a resolution by the council is obtained stating that the records will be given away or destroyed.This resolution will then be submitted to the State. Packet Page Number 103 of 123 L-2 AGENDA NO. AGENDA REPORT TO:City Council FROM:Finance Director RE:APPROVAL OF CLAIMS September 8, 2008 DATE: Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $1,135,204.88Checks # 76265 thru # 76358 dated 08/20/08 thru 08/26/08 $149,257.21Disbursements via debits to checking account dated 08/12/08 thru 08/21/08 $598,446.56Checks # 76359 thru # 76410 dated 08/25/08 thru 09/02/08 $255,328.90Disbursements via debits to checking account dated 08/20/08 thru 08/29/08 $2,138,237.55Total Accounts Payable PAYROLL $519,115.64Payroll Checks and Direct Deposits dated 08/22/08 $3,695.07Payroll Deduction check # 1005727 thru # 1005728 dated 08/22/08 $522,810.71Total Payroll $2,661,048.26GRAND 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 Packet Page Number P:\APPROVAL OF CLAIMS\2008\AprClms 8-22 and 8-29 104 of 123 Check Register City of Maplewood 08/21/2008 CheckDateVendorDescriptionAmount 7626508/20/200802464US BANKFUNDS FOR ATM8,000.00 7626608/26/200800131ASPEN EQUIPMENT CO15' DUMP BODY FOR UNIT 53385,365.07 7626708/26/200803576EUREKA RECYCLINGRECYCLING & BIN SHIPMENT - AUGUST20,982.10 7626808/26/200801546SUBURBAN SPORTSWEARCITY LOGO HATS FOR COMM DEV252.78 7626908/26/200803579337 GROUP LLCESCROW RELEASE 1870 RICE ST16,769.11 7627008/26/200801811BERNATELLO'S PIZZA INCMDSE FOR RESALE207.00 7627108/26/200803820BLACK CONSTRUCTION INCBLDG MAINT AT STATIONS1,391.50 7627208/26/200800211BRAUN INTERTEC CORP.PROJ 07-19 PROF SRVS THRU 8/82,064.90 08/26/200800211BRAUN INTERTEC CORP.PROJ 07-01 PROF SRVS THRU 8/81,678.75 08/26/200800211BRAUN INTERTEC CORP.PROJ 07-27 PROF SRVS THRU 8/8694.60 08/26/200800211BRAUN INTERTEC CORP.PROJ 07-15 PROF SRVS THRU 8/8678.50 7627308/26/200804085C.W. HOULE, INC.PROJ 07-21 KOHLMAN PART PMT #4437,352.45 7627408/26/200804134JOHN M CASKEYESCROW RELEASE 2674 KELLER PKWY1,514.99 7627508/26/200800309COMMISSIONER OF TRANSPORTATIONPROJ 07-01 ENGINEERING TESTING640.40 7627608/26/200800384DE LAGE LANDEN FINANCIAL SRVSLEASE ON RICOH MPC2500265.81 7627708/26/200800003ESCROW REFUNDESCROW RELEASE 741 CO RD B750.00 7627808/26/200800499DANIEL FAUSTCONSULTING - WEEK ENDING 8/152,040.00 7627908/26/200802071DAVID FISHERREIMB FOR MILEAGE 7/16 - 8/13202.41 7628008/26/200804132KAREN FORMANEKREIMB FOR MILEAGE 8/119.36 7628108/26/200804123FRIENDS OF MAPLEWOOD NATURECALENDARS170.00 7628208/26/200802960GOFF HOMES INCESCROW RELEASE CYPRESS ST17,700.62 08/26/200802960GOFF HOMES INCESCROW RELEASE 1555 CO RD D8,060.41 08/26/200802960GOFF HOMES INCESCROW RELEASE 1567 CO RD D8,026.71 7628308/26/200800652STEVE HEINZREIMB FOR MEALS 7/20 - 7/2627.45 7628408/26/200800755JEFFERSON FIRE & SAFETY INCEQUIP FOR FIRE EXPLORERS249.78 7628508/26/200800809TOMMY KONGPOLICE FOR WEDDING 8/23262.50 7628608/26/200800932MAPLEWOOD BAKERYCOOKIES FOR BANQUET ROOM 109.17 7628708/26/200800942MARSDEN BLDG MAINTENANCE COPROJ 07-14 SEWAGE CLEAN UP2,300.40 08/26/200800942MARSDEN BLDG MAINTENANCE COSEWER CLEAN UP 1522 SHERREN AVE894.60 7628808/26/200803714MELROSE NORTH PYROTECHNICS,INCJULY 4TH FIREWORKS DISPLAY10,000.00 7628908/26/200803910METRO MECH CONTRACTORS, INC.REPLACE EXHAUST FANS-CITY HALL & 12,700.00 7629008/26/200800985METROPOLITAN COUNCILWASTEWATER - SEPTEMBER206,197.53 7629108/26/200800986METROPOLITAN COUNCILMONTHLY SAC - JULY110,211.75 7629208/26/200801961NEXTEL COMMUNICATIONSCITY NEXTEL CHARGES 6/10 - 7/95,350.41 7629308/26/200801175CITY OF NORTH ST PAULMONTHLY UTILITIES3,885.49 7629408/26/200803902MEGHAN OHLHAUSERREIMB FOR MILEAGE 7/1 - 8/1412.99 7629508/26/200800001ONE TIME VENDORREFUND J THURMOND AMB 0730091,008.00 7629608/26/200800001ONE TIME VENDORREFUND C KELSEY AMB 06005407461.70 7629708/26/200800001ONE TIME VENDORREIMB D BASLER - REPAIR TO FENCE300.00 7629808/26/200800001ONE TIME VENDORREIMB D TSCHIDA DRIVEWAY PROJ 07-299.78 7629908/26/200800001ONE TIME VENDORREFUND J SAMUEL - TREE REBATE162.50 7630008/26/200800001ONE TIME VENDORREFUND L NORTON - TREE REBATE157.00 7630108/26/200800001ONE TIME VENDORREFUND S SORIA - TREE REBATE150.00 7630208/26/200800001ONE TIME VENDORREFUND C VANG IRRIGATION SYS 150.00 7630308/26/200800001ONE TIME VENDORREFUND M COUGHLIN - TREE REBATE119.70 7630408/26/200800001ONE TIME VENDORREFUND A HOUT-LINK - TREE REBATE119.00 7630508/26/200800001ONE TIME VENDORREFUND C POINTE - TREE REBATE119.00 7630608/26/200800001ONE TIME VENDORREFUND D KINBROUGH - TREE REBATE110.70 7630708/26/200800001ONE TIME VENDORREFUND P UPHUS - TREE REBATE101.00 7630808/26/200800001ONE TIME VENDORREFUND K MORROW - TREE REBATE100.00 7630908/26/200800001ONE TIME VENDORREFUND D PIEHOWSKI - TREE REBATE100.00 7631008/26/200800001ONE TIME VENDORREFUND P SIMONS - TREE REBATE100.00 7631108/26/200800001ONE TIME VENDORREFUND R STOLTE - TREE REBATE100.00 7631208/26/200800001ONE TIME VENDORREFUND G WASMUNDT - TREE REBATE100.00 7631308/26/200800001ONE TIME VENDORREFUND S WYTASKE - TREE REBATE100.00 Packet Page Number 105 of 123 7631408/26/200800001ONE TIME VENDORREFUND R GREEN - TREE REBATE100.00 7631508/26/200800001ONE TIME VENDORREFUND S OLSON - TREE REBATE99.98 7631608/26/200800001ONE TIME VENDORREFUND R GREER - TREE REBATE97.45 7631708/26/200800001ONE TIME VENDORREFUND G SIVERSON - TREE REBATE93.10 7631808/26/200800001ONE TIME VENDORREFUND J ZWIEG-GAMES FOR DEPT 90.00 7631908/26/200800001ONE TIME VENDORREFUND S VANHOUT - TREE REBATE89.50 7632008/26/200800001ONE TIME VENDORREFUND L MONTEMAYOR - TREE 87.42 7632108/26/200800001ONE TIME VENDORREFUND J FRANS - TREE REBATE84.94 7632208/26/200800001ONE TIME VENDORREFUND P KLEBESH - TREE REBATE84.94 7632308/26/200800001ONE TIME VENDORREFUND M O'CONNELL - TREE REBATE84.94 7632408/26/200800001ONE TIME VENDORREFUND R FINCH - TREE REBATE73.49 7632508/26/200800001ONE TIME VENDORREFUND J PEARSON - TREE REBATE65.62 7632608/26/200800001ONE TIME VENDORREFUND S ZIMMERMAN - TREE REBATE64.94 7632708/26/200800001ONE TIME VENDORREFUND K LACASSE - CLASS 60.00 7632808/26/200800001ONE TIME VENDORREFUND A SMITH - TREE REBATE59.50 7632908/26/200800001ONE TIME VENDORREFUND A SALEMO - TREE REBATE56.25 7633008/26/200800001ONE TIME VENDORREFUND J STRAIT - TREE REBATE55.00 7633108/26/200800001ONE TIME VENDORREFUND A O'DONNELL - TREE REBATE52.50 7633208/26/200800001ONE TIME VENDORREFUND C GRAHAM - TREE REBATE47.60 7633308/26/200800001ONE TIME VENDORREFUND M BUONINCONTRO - TREE 45.00 7633408/26/200800001ONE TIME VENDORREFUND Z HOU - TREE REBATE45.00 7633508/26/200800001ONE TIME VENDORREFUND G MEYER-GUTHMAN-TREE 45.00 7633608/26/200800001ONE TIME VENDORREFUND L CHAILLET-HINES - TREE 42.76 7633708/26/200800001ONE TIME VENDORREFUND B OLSON - TREE REBATE40.00 7633808/26/200800001ONE TIME VENDORREFUND R BLASJO - TREE REBATE39.99 7633908/26/200800001ONE TIME VENDORREFUND J BLOCK - TREE REBATE32.50 7634008/26/200800001ONE TIME VENDORREFUND L PEIFFER - TREE REBATE31.50 7634108/26/200800001ONE TIME VENDORREFUND B TACHENY - TREE REBATE18.91 7634208/26/200804135THE PAR GROUPCITY MANAGER SEARCH FIRM5,167.00 7634308/26/200801941PATRICK TROPHIESMEDALS & TROPHIES - YOUTH 340.96 7634408/26/200801254PEPSI-COLA COMPANYMDSE FOR RESALE418.60 7634508/26/200803151PETTY CASHREPLENISH PETTY CASH148.07 7634608/26/200800396DEPT OF PUBLIC SAFETYREGISTRATION FEE40.00 7634708/26/200801340REGIONS HOSPITALMEDICAL SUPPLIES974.56 7634808/26/200803879SANSIOEMS RUNSHEETS & SUBSCRIPTION-614.59 7634908/26/200804043SCHWAN FOOD COMDSE FOR RESALE96.89 08/26/200804043SCHWAN FOOD COMDSE FOR RESALE62.93 08/26/200804043SCHWAN FOOD COMDSE FOR RESALE36.96 7635008/26/200804133JEFF SEDLACEKREIMB FOR DUTY SHOES 8/1139.99 7635108/26/200803398SHAMROCK GROUPMDSE FOR RESALE253.00 08/26/200803398SHAMROCK GROUPMDSE FOR RESALE129.00 7635208/26/200801574T.A. SCHIFSKY & SONS, INCPROJ 06-16 DESOTO-SKILLMAN 69,236.96 08/26/200801574T.A. SCHIFSKY & SONS, INCOVERLAY OF PLEASENT VIEW PARK17,252.57 08/26/200801574T.A. SCHIFSKY & SONS, INCOVERLAY OF PLEASENT VIEW PARK6,485.13 08/26/200801574T.A. SCHIFSKY & SONS, INCVARIOUS BITUMINOUS MATERIALS722.78 7635308/26/200804071TERRACON CONSULTANTS, INC.PROJ 07-25 ENGINEERING TESTING3,986.00 08/26/200804071TERRACON CONSULTANTS, INC.PROJ 07-21 ENGINEERING TESTING2,007.00 7635408/26/200803559HUBERT TOENJESESCROW REFUND 1966 MCMENEMY10,078.90 7635508/26/200801695UNITED RENTALS, INC.DISPENSER & CUPS- FIELD WATER 15.68 7635608/26/200801717VIKING AUTOMATIC SPRINKLER CO.BRUENTRUP BARN FIRE SPRINKLER25,650.00 08/26/200801717VIKING AUTOMATIC SPRINKLER CO.BRUENTRUP BARN FIRE SPRINKLER1,350.00 7635708/26/200803378MATT WOEHRLEREIMB FOR MILEAGE 8/1415.21 7635808/26/200802880ZAHL PETROLEUM MAINTENANCE COREMOVE & REPLACE FUEL DISPENSERS17,416.35 1,135,204.88 94Checks in this report. Packet Page Number 106 of 123 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 08/12/0808/13/08WedPitney BowesPostage2,985.00 08/14/0808/15/08FriMN Dept of Natural ResourcesDNR electronic licenses360.50 08/14/0808/15/08ICMA (Vantagepointe)Deferred Compensation1,055.01 08/15/0808/18/08MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)7,276.50 08/18/0808/18/08MN Dept of RevenueFuel Tax321.42 08/18/0808/19/08TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)14,458.69 08/18/0808/19/08MN State TreasurerDrivers License/Deputy Registrar(city clrk)2,347.37 08/19/0808/20/08WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)11,615.13 08/19/0808/20/08US Bank VISA One Card*Credit Card Billing Fee78,061.17 08/20/0808/21/08ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)18,004.99 08/21/0808/22/08FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)12,771.43 *Detailed listing of VISA purchases is attached. 149,257.21 Packet Page Number 107 of 123 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK DATEEMPLOYEE NAMEAMOUNT CHECK # 08/22/08HJELLE, ERIK416.42 08/22/08JUENEMANN, KATHLEEN416.42 08/22/08NEPHEW, JOHN416.42 08/22/08ROSSBACH, WILLIAM416.42 08/22/08BURLINGAME, SARAH900.01 08/22/08CHRISTENSON, SCOTT1,902.92 08/22/08FARR, LARRY2,450.84 08/22/08JAHN, DAVID1,737.97 08/22/08MORIN, TROY165.75 08/22/08ARNOLD, AJLA1,280.00 08/22/08RAMEAUX, THERESE14,940.78 08/22/08FORMANEK, KAREN1,671.55 08/22/08MITTET, ROBERT5,037.24 08/22/08ANDERSON, CAROLE1,206.57 08/22/08COLLINS, CAROL75.00 08/22/08DEBILZAN, JUDY1,247.55 08/22/08JACKSON, MARY2,129.97 08/22/08KELSEY, CONNIE12,073.93 08/22/08CAREY, HEIDI2,309.35 08/22/08GUILFOILE, KAREN3,569.21 08/22/08KROLL, LISA1,771.91 08/22/08MORSON, JOHN447.84 08/22/08SCHMIDT, DEBORAH2,214.91 08/22/08SPANGLER, EDNA1,072.65 08/22/08CORTESI, LUANNE956.19 08/22/08JAGOE, CAROL1,851.88 08/22/08KELLY, LISA1,164.43 08/22/08LARSON, MICHELLE942.85 08/22/08MECHELKE, SHERRIE1,087.14 08/22/08MOY, PAMELA1,207.99 08/22/08OSTER, ANDREA1,781.19 08/22/08WEAVER, KRISTINE1,949.38 08/22/08CORCORAN, THERESA1,776.55 08/22/08PALANK, MARY1,778.86 08/22/08POWELL, PHILIP2,800.78 08/22/08SVENDSEN, JOANNE1,964.99 08/22/08THOMALLA, DAVID4,699.27 08/22/08YOUNG, TAMELA1,776.55 08/22/08ABEL, CLINT2,837.88 08/22/08ALDRIDGE, MARK2,922.40 08/22/08BAKKE, LONN2,668.44 08/22/08BARTZ, PAUL2,689.06 08/22/08BELDE, STANLEY2,910.12 08/22/08BENJAMIN, MARKESE2,203.36 Packet Page Number 108 of 123 08/22/08BIERDEMAN, BRIAN3,206.42 08/22/08BOHL, JOHN3,319.51 08/22/08BUSACK, DANIEL3,828.57 08/22/08COFFEY, KEVIN2,969.94 08/22/08CROTTY, KERRY3,001.20 08/22/08DEMULLING, JOSEPH1,927.08 08/22/08DOBLAR, RICHARD3,462.94 08/22/08FRITZE, DEREK2,196.84 08/22/08GABRIEL, ANTHONY3,632.07 08/22/08HAWKINSON JR, TIMOTHY2,242.54 08/22/08HEINZ, STEPHEN3,188.16 08/22/08HER, PHENG1,775.17 08/22/08HIEBERT, STEVEN2,689.06 08/22/08JOHNSON, KEVIN3,948.69 08/22/08KALKA, THOMAS798.28 08/22/08KARIS, FLINT3,915.08 08/22/08KONG, TOMMY2,821.11 08/22/08KREKELER, NICHOLAS709.83 08/22/08KROLL, BRETT2,662.52 08/22/08KVAM, DAVID3,864.56 08/22/08LANGNER, TODD2,344.84 08/22/08LARSON, DANIEL3,050.11 08/22/08LU, JOHNNIE2,674.35 08/22/08MARINO, JASON2,686.17 08/22/08MARTIN, JERROLD2,750.31 08/22/08MCCARTY, GLEN2,948.91 08/22/08METRY, ALESIA2,851.70 08/22/08NYE, MICHAEL2,643.35 08/22/08OLSON, JULIE2,617.24 08/22/08PALMA, STEVEN3,066.98 08/22/08RABBETT, KEVIN3,864.56 08/22/08RHUDE, MATTHEW2,860.38 08/22/08SHORTREED, MICHAEL3,768.98 08/22/08STEFFEN, SCOTT3,440.48 08/22/08STEINER, JOSEPH2,653.32 08/22/08SYPNIEWSKI, WILLIAM2,860.26 08/22/08SZCZEPANSKI, THOMAS2,737.80 08/22/08TRAN, JOSEPH2,839.88 08/22/08WENZEL, JAY3,785.31 08/22/08XIONG, KAO2,663.09 08/22/08BERGERON, JOSEPH3,971.52 08/22/08DUGAS, MICHAEL3,410.74 08/22/08ERICKSON, VIRGINIA2,884.03 08/22/08FLOR, TIMOTHY3,661.00 08/22/08FRASER, JOHN3,102.77 08/22/08LANGNER, SCOTT2,749.88 08/22/08THEISEN, PAUL2,914.88 08/22/08THIENES, PAUL3,224.31 08/22/08BAUMAN, ANDREW2,127.50 08/22/08DAWSON, RICHARD2,598.03 08/22/08DOLLERSCHELL, ROBERT3,268.80 08/22/08EVERSON, PAUL2,589.58 08/22/08FOSSUM, ANDREW2,165.63 08/22/08HALWEG, JODI2,795.53 Packet Page Number 109 of 123 08/22/08JUNGMANN, BERNARD3,037.77 08/22/08NOVAK, JEROME2,598.03 08/22/08OLSON, JAMES2,271.15 08/22/08PERBIX, CHARLES2,069.38 08/22/08PETERSON, ROBERT2,646.80 08/22/08RICHARDSON, ANDREA2,146.87 08/22/08SEDLACEK, JEFFREY2,425.39 08/22/08STREFF, MICHAEL2,050.01 08/22/08SVENDSEN, RONALD2,774.37 08/22/08GERVAIS-JR, CLARENCE3,342.04 08/22/08LUKIN, STEVEN4,260.90 08/22/08ZWIEG, SUSAN2,108.55 08/22/08AHL, R. CHARLES5,253.00 08/22/08ENGSTROM, SHURENE516.75 08/22/08FINWALL, SHANN2,820.55 08/22/08KNUTSON, LOIS1,745.35 08/22/08KONEWKO, DUWAYNE17,549.92 08/22/08NIVEN, AMY1,332.42 08/22/08PASSI, CRYSTAL720.00 08/22/08PRIEFER, WILLIAM2,840.62 08/22/08AHL, GREGORY960.00 08/22/08BRINK, TROY1,972.75 08/22/08BUCKLEY, BRENT1,657.35 08/22/08DEBILZAN, THOMAS2,006.15 08/22/08EDGE, DOUGLAS2,006.15 08/22/08HAMRE, MILES924.00 08/22/08JONES, DONALD2,006.15 08/22/08MEISSNER, BRENT1,579.75 08/22/08MEYER, GERALD2,086.59 08/22/08NAGEL, BRYAN3,015.02 08/22/08OSWALD, ERICK2,206.77 08/22/08RUNNING, ROBERT2,202.46 08/22/08SETNES, SAMUEL960.00 08/22/08TEVLIN, TODD2,027.15 08/22/08BURLINGAME, NATHAN1,710.96 08/22/08DUCHARME, JOHN2,558.86 08/22/08ENGSTROM, ANDREW2,108.55 08/22/08GAYNOR, VIRGINIA2,182.95 08/22/08JACOBSON, SCOTT2,321.25 08/22/08JAROSCH, JONATHAN2,367.75 08/22/08JOHNSON, TRENT880.00 08/22/08KREGER, JASON1,933.49 08/22/08KUMMER, STEVEN2,726.97 08/22/08LINDBLOM, RANDAL2,561.17 08/22/08LOVE, STEVEN2,599.00 08/22/08O'CONNOR, DONOVAN671.00 08/22/08THOMPSON, MICHAEL3,094.19 08/22/08ZIEMAN, SCOTT521.40 08/22/08EDSON, DAVID2,046.68 08/22/08HINNENKAMP, GARY2,016.95 08/22/08MARUSKA, MARK3,000.18 08/22/08NAUGHTON, JOHN2,006.15 08/22/08NORDQUIST, RICHARD2,006.15 Packet Page Number 110 of 123 08/22/08NOVAK, MICHAEL2,006.15 08/22/08SCHINDELDECKER, JAMES2,008.46 08/22/08BERGREN, KIRSTEN180.00 08/22/08BIESANZ, OAKLEY1,164.55 08/22/08DEAVER, CHARLES652.00 08/22/08GERNES, CAROLE488.00 08/22/08HAYMAN, JANET1,143.17 08/22/08HUTCHINSON, ANN2,472.00 08/22/08SOUTTER, CHRISTINE144.88 08/22/08WACHAL, KAREN880.65 08/22/08FRY, PATRICIA1,844.46 08/22/08HALL, KATHLEEN112.50 08/22/08SINDT, ANDREA2,448.75 08/22/08THOMPSON, DEBRA710.62 08/22/08EKSTRAND, THOMAS3,600.06 08/22/08BRASH, JASON1,715.75 08/22/08CARVER, NICHOLAS3,027.38 08/22/08FISHER, DAVID3,938.72 08/22/08RICE, MICHAEL2,414.98 08/22/08SWAN, DAVID2,486.15 08/22/08WELLENS, MOLLY1,437.33 08/22/08JOHNSON, GENE1,120.00 08/22/08BERGER, STEPHANIE58.50 08/22/08BJORK, ALICIA820.00 08/22/08BJORK, BRANDON621.50 08/22/08COLEMAN, JOHN544.00 08/22/08OHLHAUSER, MEGHAN1,200.00 08/22/08OHS, DANIELLE400.00 08/22/08ROBBINS, AUDRA2,439.86 08/22/08RYCHLICKI, NICHOLE310.00 08/22/08SCHALLER, SCOTT538.13 08/22/08SHERRILL, CAITLIN539.50 08/22/08TAUBMAN, DOUGLAS3,115.55 08/22/08TAYLOR, JAMES2,007.26 08/22/08GERMAIN, DAVID2,015.39 08/22/08HAAG, MARK2,006.15 08/22/08NADEAU, EDWARD3,384.17 08/22/08SCHULTZ, SCOTT2,373.65 08/22/08ANZALDI, MANDY136.43 08/22/08BERGLUND, DANIEL301.25 08/22/08BRENEMAN, NEIL1,657.89 08/22/08CRAWFORD - JR, RAYMOND767.50 08/22/08DICKS, JOHN183.00 08/22/08EVANS, CHRISTINE1,058.89 08/22/08FABIO-SHANLEY, MICHAEL354.50 08/22/08GADOW, ANNA357.24 08/22/08GLASS, JEAN1,982.54 08/22/08GROPPOLI, LINDA359.63 08/22/08HANSEN, LORI2,490.14 08/22/08HER, CHONG144.00 08/22/08HIX, MELINDA217.25 08/22/08HOFMEISTER, MARY814.91 08/22/08NAGEL, BROOKE816.00 08/22/08PELOQUIN, PENNYE503.18 Packet Page Number 111 of 123 08/22/08SCHOENECKER, LEIGH440.00 08/22/08STAPLES, PAULINE3,212.78 08/22/08VANG, KAY229.50 08/22/08VANG, TIM108.00 08/22/08ZIELINSKI, JUDY84.70 08/22/08ANDERSON, JOSHUA303.88 08/22/08ANDERSON, JUSTIN180.38 08/22/08ANDREA, JENESSA91.00 08/22/08BAUDE, SARAH204.00 08/22/08BEITLER, JULIE34.00 08/22/08BENJAMIN, AYLA182.63 08/22/08BIGGS, ANNETTE106.25 08/22/08BRUSOE, AMY137.66 08/22/08BRUSOE, CRISTINA480.61 08/22/08BUCHMAYER, NICOLLET306.80 08/22/08BUCKLEY, BRITTANY436.59 08/22/08DEVRIENDT, KARA75.00 08/22/08DUNN, RYAN587.49 08/22/08ERICKSON-CLARK, CAROL47.50 08/22/08FIERRO WESTBERG, MELINDA423.50 08/22/08FLACKEY, MAUREEN87.50 08/22/08FONTAINE, KIM698.13 08/22/08GIEL, NICOLE221.00 08/22/08GREDVIG, ANDERS446.76 08/22/08GRUENHAGEN, LINDA326.95 08/22/08HAGSTROM, EMILY407.03 08/22/08HOLMBERG, LADONNA386.00 08/22/08HORWATH, RONALD2,439.86 08/22/08IRISH, PETER219.00 08/22/08JASKEN, NICHOLAS263.00 08/22/08JOSSART, ANGELA34.00 08/22/08JOYER, JENNA193.91 08/22/08KOGLER, RYAN308.00 08/22/08KOLLER, NINA463.25 08/22/08KRONHOLM, KATHRYN955.09 08/22/08KURZHAL, ALISON152.63 08/22/08LAMEYER, ZACHARY285.60 08/22/08MCCARTHY, ERICA107.63 08/22/08MILLER, SARA18.00 08/22/08OBRIEN, JULIE60.00 08/22/08OLSON, SANDRA84.00 08/22/08PEHOSKI, JOEL96.00 08/22/08PROESCH, ANDY538.50 08/22/08RICHTER, DANIEL124.25 08/22/08RICHTER, NANCY1,158.98 08/22/08ROLLOFF-FELLNER, TAYLOR222.25 08/22/08RONNING, ISAIAH439.25 08/22/08SCHREIER, ROSEMARIE51.00 08/22/08SCHREINER, MICHELLE601.69 08/22/08SCHUNEMAN, GREGORY157.55 08/22/08SEMONICK, MICHELLE52.00 08/22/08SKUNES, KELLY50.63 08/22/08SMITH, ANN310.10 Packet Page Number 112 of 123 08/22/08TUPY, ELIANA34.00 08/22/08TUPY, HEIDE233.20 08/22/08TUPY, MARCUS264.60 08/22/08WARNER, CAROLYN402.40 08/22/08WICKNER, KRISTY214.44 08/22/08WILLIAMS, KRISTINE27.60 08/22/08WOLFGRAM, MARY383.78 08/22/08WOLFGRAM, TERESA97.88 08/22/08WOODMAN, ALICE184.00 08/22/08YOUNCE, BLAISE22.75 08/22/08BOSLEY, CAROL324.50 08/22/08FITZENBERGER, VALERIE284.00 08/22/08GIERNET, ASHLEY142.00 08/22/08HER, SHILLAME140.00 08/22/08HOLMGREN, STEPHANIE238.00 08/22/08LANGER, CHELSEA32.50 08/22/08LANGER, KAYLYN6.50 08/22/08LEWIS, AMY99.88 08/22/08BEHAN, JAMES1,873.81 08/22/08DOUGLASS, TOM1,240.12 08/22/08GROPPOLI, JOE373.50 08/22/08PATTERSON, ALBERT1,264.44 08/22/08PATTERSON, ALBERT613.76 08/22/08PRINS, KELLY1,162.62 08/22/08REILLY, MICHAEL1,807.75 08/22/08AICHELE, CRAIG2,140.95 08/22/08PRIEM, STEVEN2,256.55 08/22/08WOEHRLE, MATTHEW2,080.00 08/22/08BERGO, CHAD2,499.19 08/22/08FOWLDS, MYCHAL2,996.06 08/22/08FRANZEN, NICHOLAS2,083.07 1005686 08/22/08LONGRIE, DIANA473.15 1005687 08/22/08PENN, CHRISTINE372.00 1005688 08/22/08WELCHLIN, CABOT2,737.80 1005689 08/22/08FASULO, WALTER36.00 1005690 08/22/08ANDERSON, MICHAEL960.00 1005691 08/22/08GORE, MICHAEL960.00 1005692 08/22/08OLSON, SCOTT960.00 1005693 08/22/08PUHL, MATTHEW640.50 1005694 08/22/08FARLEY, JAMIE602.00 1005695 08/22/08GEBHARD, MADELINE912.00 1005696 08/22/08GOODRICH, CHAD152.25 1005697 08/22/08LINDA, KELLIE45.00 1005698 08/22/08MALLET, AMANDA379.75 1005699 08/22/08MARTIN, ARIELLE261.00 1005700 08/22/08NG, VANICK150.00 1005701 08/22/08ROBBINS, CAMDEN28.00 1005702 08/22/08HER, PETER229.40 1005703 08/22/08O'GRADY, VICTORIA89.40 1005704 08/22/08VUE, LOR PAO260.25 1005705 08/22/08BRENEMAN, SEAN355.44 1005706 08/22/08CHASTAN, ADAM73.64 1005707 08/22/08DEMPSEY, BETH98.00 1005708 08/22/08FENGER, JUSTIN403.66 Packet Page Number 113 of 123 1005709 08/22/08GRANT, MELISSA491.00 1005710 08/22/08MCCANN, NATALIE72.00 1005711 08/22/08MORIS, RACHEL78.00 1005712 08/22/08NWANOKWALE, MORDY361.11 1005713 08/22/08RHODY, DIANE174.00 1005714 08/22/08ROSTRON, ROBERT327.00 1005715 08/22/08RYDEEN, ARIEL261.81 1005716 08/22/08SAUCERMAN, MICHAEL140.65 1005717 08/22/08SCHAEFER, JAMES188.50 1005718 08/22/08SCHMIDT, EMILY548.25 1005719 08/22/08SCHMIDT, JOHN130.43 1005720 08/22/08DANIEL, BREANNA323.00 1005721 08/22/08GLASS, JENNA50.38 1005722 08/22/08ZAGER, LINNEA188.50 1005723 08/22/08BOWMAN, MATTHEW270.00 1005724 08/22/08BURKS, TA'SHAWN14.00 1005725 08/22/08SCHULZE, KEVIN380.00 1005726VALERIO, TARA 08/22/08261.00 TOTAL 519,115.64 Packet Page Number 114 of 123 Trans DatePosting DateMerchant NameTrans AmountName 07/23/200808/13/2008NUCO2$60.38JIM BEHAN 07/31/200808/04/2008PARK SUPPLY OF AMERICA IN$142.09JIM BEHAN 07/31/200808/04/2008THE HOME DEPOT 2801$7.45JIM BEHAN 08/01/200808/13/2008NUCO2$62.39JIM BEHAN 08/04/200808/05/2008EXTRACTOR CORPORATI$541.00JIM BEHAN 08/04/200808/13/2008NUCO2$66.68JIM BEHAN 08/06/200808/08/2008NEWTON DISTRIBUTING COMPA$360.00JIM BEHAN 08/07/200808/08/2008ADVANCE STORE/CLOSETTEC$94.50JIM BEHAN 08/07/200808/08/2008BUY AND LARGE INC$524.00JIM BEHAN 08/12/200808/14/2008AQUA LOGIC INC$971.02JIM BEHAN 08/14/200808/15/2008MAINTENANCE ENGINEERING$555.82JIM BEHAN 08/13/200808/15/2008VERIZON WRLS M3097-01$106.72RON BOURQUIN 07/31/200808/04/2008WWW.STOTT PILATES.COM$279.00NEIL BRENEMAN 08/05/200808/06/2008FITNESS WHOLESALE$533.47NEIL BRENEMAN 08/06/200808/07/2008FITNESS WHOLESALE$133.55NEIL BRENEMAN 08/06/200808/08/2008TARGET 00011858$25.56NEIL BRENEMAN 08/11/200808/12/2008SPRINT AQUATICS$115.05NEIL BRENEMAN 08/13/200808/15/2008TARGET 00011858$10.65NEIL BRENEMAN 08/11/200808/12/2008ESCH CONSTRUCTION SUPPLY$399.38TROY BRINK 08/12/200808/13/2008MENARDS 3059$2.65TROY BRINK 08/14/200808/15/2008HEJNY RENTAL$162.04TROY BRINK 08/08/200808/11/2008POLICE SUPPLY ONLINE$295.89DAN BUSACK 08/11/200808/13/2008VERIZON WRLS M7602-01$235.17HEIDI CAREY 08/13/200808/14/2008THE PERFECT WEDDING GU$48.00HEIDI CAREY 08/13/200808/14/2008ISTOCK *INTERNATIONAL$65.00HEIDI CAREY 08/08/200808/11/2008INT'L CODE COUNCIL INC$550.00NICHOLAS CARVER 08/01/200808/04/2008FOREST PRODUCTS SUPPLY$372.75SCOTT CHRISTENSON 08/01/200808/04/2008VIKING ELEC-CREDIT DEPT.$165.88SCOTT CHRISTENSON 08/01/200808/04/2008VIKING ELEC-CREDIT DEPT.$62.18SCOTT CHRISTENSON 08/01/200808/04/2008THE HOME DEPOT 2801$52.01SCOTT CHRISTENSON 08/04/200808/06/2008FOREST PRODUCTS SUPPLY($372.75)SCOTT CHRISTENSON 08/05/200808/07/2008THE HOME DEPOT 2801$119.43SCOTT CHRISTENSON 08/07/200808/11/2008WW GRAINGER 495$27.49SCOTT CHRISTENSON 08/08/200808/11/2008THE HOME DEPOT 2801$13.54SCOTT CHRISTENSON 08/11/200808/13/2008WW GRAINGER 502$24.15SCOTT CHRISTENSON 08/12/200808/14/2008THE HOME DEPOT 2801$28.01SCOTT CHRISTENSON 08/01/200808/04/2008CUB FOODS, INC.$760.00KERRY CROTTY 07/31/200808/04/2008MILLS FLEET FARM #27$93.93CHARLES DEAVER 08/06/200808/07/2008MENARDS 3022$24.48CHARLES DEAVER 08/12/200808/13/2008G & K SERVICES 006$55.86CHARLES DEAVER 08/13/200808/14/2008MENARDS 3022$30.73CHARLES DEAVER 08/14/200808/15/2008MENARDS 3022$20.77CHARLES DEAVER 08/12/200808/13/2008MENARDS 3059$10.65THOMAS DEBILZAN 07/31/200808/04/2008HYDROLOGIC$160.40DAVE EDSON 08/04/200808/05/2008HYDROLOGIC$44.06DAVE EDSON 08/04/200808/05/2008MENARDS 3059$64.01DAVE EDSON 08/05/200808/06/2008MENARDS 3059$26.47DAVE EDSON 08/04/200808/05/2008WMS*WASTE MGMT WMEZPAY$629.17LARRY FARR 08/04/200808/05/2008WMS*WASTE MGMT WMEZPAY$391.68LARRY FARR 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08/14/200808/15/2008USPS 2663650009$42.00JANET M GREW HAYMAN 08/01/200808/04/2008METRO SALES INC$2,307.59KAREN E GUILFOILE 08/02/200808/05/2008VZ WIRELESS INC$447.29KAREN E GUILFOILE 08/04/200808/06/2008RAINBOW FOODS 00088617$61.61KAREN E GUILFOILE 08/08/200808/11/2008KOBIS$1,560.17KAREN E GUILFOILE 08/14/200808/15/2008VZWRLSS*APOCC VISN$94.20KAREN E GUILFOILE 08/04/200808/06/2008OXYGEN SERVICE CO INC$41.56MARK HAAG 08/13/200808/14/2008CLOVER SUPER FOODS$166.77LORI HANSON 08/14/200808/15/2008MENARDS 3181 ST PAUL MIDW$2.67PATRICK HEFFERNAN 08/07/200808/08/2008LESCO SC 0530$1,001.10GARY HINNENKAMP 08/07/200808/08/2008LESCO SC 0530$1,001.10GARY HINNENKAMP 08/08/200808/11/2008LESCO SC 0530$250.28GARY HINNENKAMP 08/11/200808/12/2008LESCO SC 0530$330.68GARY HINNENKAMP 08/08/200808/11/2008OFFICE MAX$38.33RON HORWATH 08/08/200808/13/2008AMERICAN RED CROSS TWIN C$517.16RON HORWATH 08/01/200808/04/2008DE LAGE LANDEN OP01 OF 01$206.61ANN E HUTCHINSON 08/07/200808/08/2008LILLIE SUBURBAN 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AND HORTICULTUR$900.00WILLIAM J PRIEFER 07/31/200808/04/2008KATH AUTO PARTS NSP$3.52STEVEN PRIEM 07/31/200808/04/2008NORTHERN TOOL EQUIP-MN$64.04STEVEN PRIEM 08/01/200808/04/2008KATH AUTO PARTS NSP($13.32)STEVEN PRIEM 08/01/200808/04/2008KATH AUTO PARTS NSP$102.80STEVEN PRIEM 08/04/200808/06/2008KATH AUTO PARTS NSP($135.37)STEVEN PRIEM 08/04/200808/06/2008TURF WERKS EGAN$105.34STEVEN PRIEM 08/05/200808/07/2008KATH AUTO PARTS NSP$116.66STEVEN PRIEM 08/05/200808/07/2008KATH AUTO PARTS NSP$44.52STEVEN PRIEM 08/06/200808/07/2008POLAR CHEVROLET MAZDA PAR$30.49STEVEN PRIEM 08/06/200808/07/2008US AUTOFORCE NBW$265.61STEVEN PRIEM 08/06/200808/08/2008BAUER BULT TRE33200023$1,271.09STEVEN PRIEM 08/07/200808/11/2008KATH AUTO PARTS NSP$153.03STEVEN PRIEM 08/07/200808/11/2008FACTORY MOTOR PARTS #19$209.17STEVEN PRIEM 08/08/200808/11/2008KATH AUTO PARTS NSP$136.46STEVEN PRIEM 08/11/200808/13/2008LARRY REIDS WHITE BEAR D$50.95STEVEN PRIEM 08/11/200808/13/2008FACTORY MOTOR PARTS #19$229.33STEVEN PRIEM 08/12/200808/13/2008BAUER BULT TRE33200023$301.74STEVEN PRIEM 08/13/200808/14/2008ZEP MANUFACTURING$217.33STEVEN PRIEM 08/13/200808/15/2008KATH AUTO PARTS NSP$57.33STEVEN PRIEM 08/02/200808/04/2008ACCURINT EOM AUTO P$30.00KEVIN RABBETT 08/04/200808/07/2008UNIFORMS UNLIMITED$1,159.18KEVIN RABBETT 08/06/200808/07/2008HEALTHEAST TRANSPORTATN$779.47KEVIN RABBETT 08/06/200808/08/2008SHRED-IT$62.94KEVIN RABBETT 08/08/200808/11/2008GRAFIX SHOPPE$21.30KEVIN RABBETT 08/13/200808/13/2008COMCAST CABLE COMM$34.00KEVIN RABBETT 08/13/200808/14/2008THE UPS STORE #2171$88.39KEVIN RABBETT Packet Page Number 118 of 123 08/07/200808/08/2008GE CAPITAL$43.77TERRIE RAMEAUX 08/08/200808/11/2008PIONEER PRESS ADVERTISIN$829.00TERRIE RAMEAUX 08/07/200808/08/2008HILLYARD INC MINNEAPOLIS$23.55MICHAEL REILLY 08/08/200808/11/2008DALCO ENTERPRISES, INC$91.83MICHAEL REILLY 08/08/200808/11/2008DALCO ENTERPRISES, INC$17.33MICHAEL REILLY 08/04/200808/06/2008TARGET 00011858$36.00AUDRA ROBBINS 08/05/200808/06/2008CUB FOODS, INC.$52.58AUDRA ROBBINS 08/06/200808/07/2008CASCADE BAY CITY OF EAGAN$243.00AUDRA ROBBINS 08/06/200808/08/2008CUB FOODS, INC.$101.09AUDRA ROBBINS 08/11/200808/13/2008TOYS R US #6046$43.00AUDRA ROBBINS 08/12/200808/13/2008PARTY CITY #768$17.82AUDRA ROBBINS 08/13/200808/14/2008822-11 GROUP SALES BOOTH$1,401.85AUDRA ROBBINS 08/13/200808/15/2008ORIENTAL TRADING CO$346.75AUDRA ROBBINS 08/11/200808/13/2008CARQUEST 01021104$33.18JAMES SCHINDELDECKER 08/08/200808/11/2008LORMAN EDUCATION SERVICE$319.00DEB SCHMIDT 08/08/200808/11/2008LORMAN EDUCATION SERVICE$319.00DEB SCHMIDT 08/13/200808/14/2008VZWRLSS-MYACCT VN$38.80DEB SCHMIDT 08/05/200808/06/2008CUB FOODS, INC.$82.69MICHAEL SHORTREED 08/05/200808/07/2008TARGET 00011858$19.19MICHAEL SHORTREED 08/05/200808/07/2008RAINBOW FOODS 00088617$66.35MICHAEL SHORTREED 08/07/200808/11/2008CLASSIC COLLISION CENT$2,539.99MICHAEL SHORTREED 08/08/200808/13/2008WEBER & TROSETH INC$253.00MICHAEL SHORTREED 08/11/200808/13/2008GRAND VIEW LODGE & TENNIS$197.51MICHAEL SHORTREED 07/31/200808/04/2008ADVANCED GRAPHIC SYSTEMS$211.94ANDREA SINDT 07/31/200808/04/2008OFFICE DEPOT #1090$13.44ANDREA SINDT 08/01/200808/04/2008OFFICE DEPOT #1090$71.14ANDREA SINDT 08/04/200808/05/2008RON'S VIRTUE PRINTI$237.64ANDREA SINDT 08/08/200808/11/2008ADVANCED GRAPHIC SYSTEMS$107.31ANDREA SINDT 08/11/200808/12/2008OFFICE DEPOT #1090$44.17ANDREA SINDT 08/06/200808/07/2008PARTY AMERICA 1018$6.38PAULINE STAPLES 08/08/200808/11/2008RAINBOW FOODS 00088617$10.58PAULINE STAPLES 08/11/200808/13/2008INNOVATIVE COLOR PRINTING$50.80PAULINE STAPLES 08/13/200808/15/2008INNOVATIVE COLOR PRINTING$50.80PAULINE STAPLES 08/06/200808/07/2008METRO SALES INC$1,042.00JOANNE M SVENDSEN 08/01/200808/04/2008T-MOBILE RECURRING PMT$109.49DOUGLAS J TAUBMAN 08/04/200808/06/2008THE HOME DEPOT 2801$1.57JAMES TAYLOR 08/14/200808/15/2008INTL ASSN OF CHIEF OF POL$375.00DAVID J THOMALLA 08/08/200808/11/2008INSTITUTE OF TRANSPORTATI$315.00MICHAEL THOMPSON 08/11/200808/12/2008TECHSTREET$133.00MICHAEL THOMPSON TOTAL$78,061.17 Packet Page Number 119 of 123 Check Register City of Maplewood 08/29/2008 CheckDateVendorDescriptionAmount 7635908/25/200804136AZURE PROPERTIESREFUND PAC FEES PD IN 2003 & 200864,228.44 7636008/26/200801345RAMSEY COUNTYFILING FEE TO OPEN LITIGATION250.00 7636109/02/200802728KIMLEY-HORN & ASSOCIATES INCPROJ 07-25 PROF SRVS THRU 7/3154,051.00 09/02/200802728KIMLEY-HORN & ASSOCIATES INCPROJ 07-26 PROF SRVS THRU 7/3130,728.35 09/02/200802728KIMLEY-HORN & ASSOCIATES INCPROJ 07-30 PROF SRVS THRU 7/314,573.90 09/02/200802728KIMLEY-HORN & ASSOCIATES INCLAKE LINKS PROF SRVS THRU 7/311,250.80 7636209/02/200801337RAMSEY COUNTY-PROP REC & REV911 DISPATCH FEE - AUG18,147.92 7636309/02/200801190XCEL ENERGYELECTRIC & GAS UTILITY25,485.25 09/02/200801190XCEL ENERGYELECTRIC & GAS UTILITY5,648.71 09/02/200801190XCEL ENERGYELECTRIC & GAS UTILTIY1,161.98 09/02/200801190XCEL ENERGYMETERED SPEED SIGN10.74 7636409/02/200800116APPEARANCE PLUS CAR WASHCAR WASH FEES - JULY230.65 7636509/02/200803738BETHEL & ASSOCIATES, PARETAINER FOR LEGAL SERVICES - SEPT6,600.00 7636609/02/200803513BRIAN BIERDEMANK-9 MAINTENANCE SEPT35.00 7636709/02/200802929CNAGLACMONTHLY PREMIUM - SEPT531.50 7636809/02/200804137THE EDGE MARTIAL ARTSKARATE INSTRUCTION 8/4 - 8/25175.50 7636909/02/200803895ESCH CONSTRUCTION SUPPLY, INC.DIAMOND BLADE FOR ASPHALT SAW387.73 7637009/02/200800499DANIEL FAUSTCONSULTING - WEEK ENDING 8/222,040.00 7637109/02/200804123FRIENDS OF MAPLEWOOD NATURECALENDARS FOR DEPT HEADS & 650.00 7637209/02/200803516ANTHONY GABRIELK-9 MAINTENANCE SEPT35.00 7637309/02/200800543GE CAPITALRICOH 3500 COPIER LEASE352.28 7637409/02/200803729KNAAK & KANTRUD PAPROSECUTION & LEGAL SERVICES - 16,500.00 7637509/02/200803502KOEHNEN ELECTRIC INCREPAIR ELECTRICAL PROB LIFT ST 6238.50 7637609/02/200800881STEVE LUKINREIMB FOR FOOD FOR DEPT PICNIC 8/3470.00 7637709/02/200800936MAPLEWOOD HISTORICAL SOCIETYPART PMT GRANT STONE VENEER 5,000.00 09/02/200800936MAPLEWOOD HISTORICAL SOCIETYPART PMT GRANT STONE VENEER 5,000.00 7637809/02/200803818MEDICAMONTHLY PREMIUM - SEPT139,745.11 7637909/02/200800983METRO SALES INCSTAPLES FOR COPIER189.88 7638009/02/200802617ALESIA METRYREIMB FOR UNIFORMS 8/1659.87 7638109/02/200803270MICHAEL A. MILLER/ISNSOFTBALL UMPIRE SRVS 7/27 - 8/214,728.50 7638209/02/200801085MN LIFE INSURANCEMONTHLY PREMIUM - SEPT3,350.10 7638309/02/200801126MN NCPERS LIFE INSURANCEPERA LIFE INS PREMIUM - SEPT352.00 7638409/02/200801136NARDINI FIRE EQUIP CO INCFIRE EXT REPAIR239.89 7638509/02/200800001ONE TIME VENDORREFUND T GUNDERSON CLASS 110.00 7638609/02/200800001ONE TIME VENDORC & J VERHULST- GET CAUGHT 50.00 7638709/02/200800001ONE TIME VENDORREFUND A HAGMAN - CANCELLED 37.37 7638809/02/200800001ONE TIME VENDORREFUND NATIVITY CHURCH OVERPD8.00 7638909/02/200801284POSTMASTERMAILING OCT CITY NEWS PERMIT #49034,500.00 09/02/200801284POSTMASTERYEARLY PERMIT FEE #4903000180.00 7639009/02/200804053PROFESSIONAL DRAIN SRVS, INC.PROJ 07-25 TELEVISING234.00 7639109/02/200800396DEPT OF PUBLIC SAFETYHAZARDOUS STORAGE FEE25.00 7639209/02/200801373AUDRA ROBBINSREIMB FOR MILEAGE 6/1 - 8/27387.32 7639309/02/200801383ROSEVILLE AREA SCHOOLSSHARED FACILITY COST EDGERTON 21,644.00 7639409/02/200801387DR. JAMES ROSSINIADMIN FEE FOR STRESS TEST - AUG100.00 7639509/02/200803057RYAN COMPANIES US INCESCROW REL LEXUS PARKING LOT24,258.94 7639609/02/200801409S.E.H.PROJ 07-24 ENGINEERING FEES78,002.17 09/02/200801409S.E.H.JOY PARK ENGINEERING FEES23,806.22 09/02/200801409S.E.H.PROJ 07-01 ENGINEERING FEES7,164.11 09/02/200801409S.E.H.PROJ 07-27 ENGINEERING FEES6,598.73 09/02/200801409S.E.H.PROJ 06-17 ENGINEERING FEES3,733.65 09/02/200801409S.E.H.PROJ 07-19 ENGINEERING FEES3,668.08 09/02/200801409S.E.H.PROJ 06-05 ENGINEERING FEES1,974.59 09/02/200801409S.E.H.LIONS PARK ENGINEERING FEES1,258.22 7639609/02/200801409S.E.H.ENGINEERING FEES670.23 09/02/200801409S.E.H.PROJ 08-03 ENGINEERING FEES561.15 09/02/200801409S.E.H.PROJ 02-07 ENGINEERING FEES455.95 09/02/200801409S.E.H.PROJ 06-02 ENGINEERING FEES233.53 Packet Page Number 120 of 123 7639709/02/200801418SAM'S CLUB DIRECTMDSE FOR RESALE & OFFICE SUPPLIES552.79 09/02/200801418SAM'S CLUB DIRECTSTATION & PICNIC SUPPLIES474.01 09/02/200801418SAM'S CLUB DIRECTMDSE FOR RESALE306.85 09/02/200801418SAM'S CLUB DIRECTDAY CAMP SUPPLIES181.56 09/02/200801418SAM'S CLUB DIRECTDAY CAMP SUPPLIES129.47 09/02/200801418SAM'S CLUB DIRECTSUPPLIES - OFFICE,RESALE & BIRTHDAY104.71 09/02/200801418SAM'S CLUB DIRECTBIRTHDAY PROGRAM SUPPLIES75.68 09/02/200801418SAM'S CLUB DIRECTBIRTHDAY PROGRAM SUPPLIES38.80 09/02/200801418SAM'S CLUB DIRECTDAY CAMP SUPPLIES23.61 7639809/02/200803073SANDERS WACKER BERGLY INCWALTER STREET TRAIL489.19 7639909/02/200801466SKYHAWKS SPORTS ACADEMY, INC.EDGERTON GYM SOCCER TUITION1,635.00 09/02/200801466SKYHAWKS SPORTS ACADEMY, INC.CARVER GYM VOLLEYBALL TUITION1,310.00 7640009/02/200802086ST PAUL AREA CHAMBER OF COMMRELOCATION PACKETS10.00 7640109/02/200800198ST PAUL REGIONAL WATER SRVSWATER UTILITY9,704.16 7640209/02/200801836CITY OF ST PAULREPAIR OF TURNOUT GEAR124.58 09/02/200801836CITY OF ST PAULRADIO SERVICE & MAINTENANCE - JULY33.24 7640309/02/200804004STANLEY SECURITY SOLUTIONS INCKEYS FOR PARK BUILDINGS67.61 7640409/02/200801545SUBURBAN RATE AUTHORITYMEMBERSHIP FEES3,200.00 7640509/02/200802177U-CARE REFUNDREFUND UCARE AMB 0814321,003.60 7640609/02/200800529UNION SECURITY INSURANCE COLTD PLAN 4043120-2 - SEPT2,951.48 09/02/200800529UNION SECURITY INSURANCE COSTD PLAN 4043120-1 SEPT1,764.46 7640709/02/200801750THE WATSON CO INCMDSE FOR RESALE129.80 09/02/200801750THE WATSON CO INCMDSE FOR RESALE59.76 7640809/02/200801764TOM WESTLINGTENNIS INSTRUCTOR - AUGUST1,057.50 7640909/02/200804138ZEROREZCLEANING POLICE DEPT CARPETING876.08 7641009/02/200801807SUSAN ZWIEGREIMB FOR MILEAGE 7/29 - 8/2032.76 598,446.56 52Checks in this report. Packet Page Number 121 of 123 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 08/20/0808/21/08ThursMN Dept of RevenueSales Tax6,669.00 08/20/0808/21/08MN State TreasurerState Payroll Tax20,556.04 08/22/0808/25/08MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)8,499.00 08/22/0808/25/08MN Dept of Natural ResourcesDNR electronic licenses456.00 08/22/0808/25/08MN Dept of Natural ResourcesDNR electronic licenses17.00 08/22/0808/25/08ICMA (Vantagepointe)Deferred Compensation3,623.23 08/22/0808/25/08US TreasurerFederal Payroll Tax (FICA)108,657.32 08/22/0808/25/08Orchard Trust/ Great WestDeferred Compensation26,290.00 08/22/0808/26/08TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)22,099.96 08/23/0808/26/08MN State TreasurerDrivers License/Deputy Registrar(city clrk)3,619.50 08/22/0808/26/08Labor UnionsUnion Dues3,270.76 08/22/0808/26/08WI Dept of RevenueState Payroll Tax1,012.30 08/22/0808/26/08ARC AdministrationHRA Flex plan1,361.28 08/25/0808/27/08WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,627.98 08/27/0808/28/08ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)14,860.28 08/27/0808/28/08ARC AdministrationDCRP & Flex plan payments1,661.80 08/28/0808/29/08FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)15,046.85 *Detailed listing of VISA purchases is attached. 255,328.30 Packet Page Number 122 of 123 Agenda M1 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: September 2, 2008 RE: Temporary Gambling Permit Resolution for North Star Chapter BCCA Introduction Joe Wendl representing the North Star Chapter BCCA (Brewery Collectible Club of America) has submitted an application for a temporary gambling permit for their annual event. The event will be held at Aldrich Arena, 1850 White Bear Avenue on October 11, 2008 from 7:00 a.m. to 4:00 p.m. The BCCA is a non-profit organization. It is requested that council approve the following resolution for the temporary gambling. They have also submitted an application for a temporary gambling permit. In order for the State of Minnesota to issue a temporary gambling permit, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the North Star Chapter BCCA (Brewery Collectible Club of America, 1060 McKnight Road, to be used on October 11, 2008 at Aldrich Arena, 1850 White Bear Avenue. 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 Approve the above resolution for a temporary gambling permit for the North Star Chapter BCCA. Packet Page Number 123 of 123