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HomeMy WebLinkAbout2011 05-09 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 9, 2011 City Hall, Council Chambers Meeting No. 09-11 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. Acknowledgement of 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. Before addressing the council, sign in with the City Clerk. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. " D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of April 25, 2011, City Council Workshop Minutes 2. Approval of April 25, 2011, City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Appointment to Business & Economic Development Commission 2. Resolution for Appointment to Heritage Preservation Commission G. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval Of Claims 2. Approval of Temporary Gambling Permit — The Dog House Bar & Grill 3. Approval of Budget Adjustments for the Assistance to Firefighter's Grant 4. Approval of Conditional Use Permit — Xcel Energy Tanners Lake Electrical Substation Expansion, 2500 Conway Avenue (3M Center) 5. Approval of Environmental and Natural Resources Commission Annual Report H. PUBLIC HEARINGS 1. Western Hills Area Street Improvements, Project 10-14 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Receiving Bids and Awarding Construction Contract UNFINISHED BUSINESS 1. Consideration of Penalty for Alcohol Compliance Failure — The Ponds at Battle Creek Golf Course 2. Bid Award on Improvement Bonds — General Obligation Improvement Bonds Series 2011A 3. Consider Approval of Emerald Ash Borer Plan J. NEW BUSINESS 1. Consider Approval of the Tax -Increment Financing Development Agreement for The Shores Seniors Living Facility Located at 940 Frost Avenue 2. Approval of Joint Powers Agreement with the City of Roseville for Shared Engineering Services 3. Approval of the Goodrich Park Master Plan 4. Approval to Proceed with MCC Repair and Improvements and Request for Advancement of Funds K. VISITOR PRESENTATIONS L. AWARD OF BIDS M. ADMINISTRATIVE PRESENTATIONS N. COUNCIL PRESENTATIONS O. [ADJOURNMENT [Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk's Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings — elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language.1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 p.m., Monday, April 25, 2011 Council Chambers, City Hall A. CALL TO ORDER Agenda Item E1 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:17 p.m. by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present C. APPROVAL OF AGENDA Councilmember Llanas Seconded by Councilmember Koppen. Ayes — All The motion passed. D. UNFINISHED BUSINESS 1. Commission/Board Interviews a. Business & Economic Development Commission i. Assistant City Manager, Public Works Director, Chuck Ahl gave a brief report. The city council interviewed Jennifer Lewis for the opening on the Business & Economic Development Commission which was a continuation from the April 4, 2011, workshop interviews. The appointment for the Business & Economic Development Commission opening will be made during the city council meeting at 7:00 p.m. E. NEW BUSINESS 1. Discussion on Emerald Ash Borer Plan a. Natural Resources Coordinator, Ginny Gaynor gave an introduction to the report on Emerald Ash Borer and answered questions of the council. b. City Forester, Andy Hovland gave additional information on the report on the Emerald Ash Borer Plan and answered questions of the council. c. Environmental & Natural Resources Commissioner, Dale Trippler addressed the council with a report from the Environmental & Natural Resources Commission on the Emerald Ash Borer Plan. The council shared comments on the Emerald Ash Borer Plan and city staff will bring this back to the city council at a later date. April 25, 2011 City Council Manager Workshop Minutes Packet Page Number 3 of 190 2. Capital Improvement Plan — Review of Draft Report a. Assistant City Manager, Public Works Director, Chuck Ahl gave the Capital Improvement Plan draft report and answered questions of the council. b. City Manager, James Antonen answered questions of the council. c. Recreation Program Supervisor, Jim Taylor answered questions of the council. No council action is required for this item. F. ADJOURNMENT Mayor Rossbach adjourned the meeting at 6:58 p.m. April 25, 2011 City Council Manager Workshop Minutes Packet Page Number 4 of 190 2 a 2012-2018 CAPITAL IIdPRaiEMOM PLAID' April 25, 2011 Review Of Draft Report Intmducbion/Pxocess ©Feb 4: Council Retreat @Feb 10: Instructions to Mgmt Team @Mar 3: Requests due from Dept @Mar I4: Council discuss Prelim Ideas oApr Il: 2010 Budget / Referendum @April 25. Draft CIP Review oApr 26 -May 16: Corrunision Review @May 17: Planning Comm Pub Hrg @May 23: Council Adoption @June: Begin 20I2 Budget Prep FIRMCML SU 7J INABHX @Declining CIP Documents: • 2010 — 2014 CEP $77.76 M • 2011— 2015 CIP $68.74 M r 20I2 — 2015 Draft CIP $65.32 M • 2012 — 2016 Requests $102.79 M For The Permanent Record Meeting Date: 25.1 4/25/2011 Agenda [tem#: Packet Page Number 5 of 190 1 2012 Goal: @Evaluate and Implement Facility Improvements into Infrastructure Needs. @Three Key Sections: [w/impact on 20121 • Public Safety Fhcilities: $620,000 - Debt Service Fund: $250,000 • Operating & Facility Expenses: $460,000 Public Safety Facilities e wvo New Fire Stations: • Near or on 3M Campus = $4.0 million • Replace FS 47 = $2.0 Million @Fire Truck Replacement Fund = $100K/yr @Police Dept Expansion = $825,000 @Deficit Ambulance Fund = $350,000 • 130% of calls are Medicam • Cash shortfall decision in 2009 • Assumes exploring 2.0% levy for Pub Safety Public Safety [not funded] @ Fire Training Facility / Marshlands • On— hold until Financing established @Rehabilitation of 1= S. #2 @New Police Facility • Expansion at City Hall assumed. @ OperationaI Cuts Assumed: Police Dept Cuts = $150,000 Fire Dept Cuts = $100,000 Ambulance Fund Cuts = $110,000 4/25/2011 Packet Page Number 6 of 190 2 Debt Service @Debt Service Fund; • Provided with an additional $250,000 • Fund payments peak in 2014; • Begin to decrease by +$1.0 million in 2018 @Continue Street Replace Program: • Reduced by nearly 60% for 2012 -- 2014 @ Gladstone - assumed first two phases @Not in program: • Operational Cuts: • Public Works Cuts of $100,000 Operations / Facility Needs @Pyssumptions: ' • COLA and step increases = $128,000 • Fuel costs at $4 / gallon = $ 78,000 • rr Fund [not expansion] = $ 40,000 @New Capital to MCC Fund • Redevelop Pool in 2011 = $180,000 • New Capital $$ in 2012 = $100,000 • MCC Fund on 5 -year plan to sustainability @Add Capital to Park Equip/Comm Fields 2011 = $45,000 • 2012 = $100,000 QpwationaMcility [not #anded] m Needs at MCC: • Funding is short of request by $180,400 to $200,000. o Park Development Fund: Project Delays at joy Park, Goodrich Park, Legacy Park. • Funding assumptions on PAC Reduced. Would need $140,000 per year to meet requests. o Program Cuts: • Citizen Services cuts $ 42,000 • Community Dew Cute $ 80,000 Exec/Legal/Financa Cuts $ 40,000 Park & Recreation Cuts $ 50,000 4125/2011 Packet Page Number 7 of 190 3 Budget Considerations e Numerous assumptions going into 2012 Budget Preparation. • 2012 Levy increase could be at 6.0%. • Operatr-J Debt Levy 8.0 • Public Safety Levy 2.0% o Decisions by City Council on Budget are not required until August — September when setting maximum levy. 0 o Final Budget Decision is made in December. Questions Comments Discussion 4/25/2011 Packet Page Number 8 of 190 0 0 B A Q MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, April 25, 2011 Council Chambers, City Hall Meeting No. 08-11 CALL TO ORDER Agenda Item E2 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:10 p.m. by Mayor Rossbach. PLEDGE OF ALLEGIANCE ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present APPROVAL OF AGENDA The following items were added to the agenda N1. Trash Bills — Councilmember Nephew N2. City Clean Up — Councilmember Juenemann N3. Earth Day — Councilmember Juenemann N4. May 1St Dedication — Councilmember Juenemann N5. Heritage Preservation Commission Update — Councilmember Koppen N6. Staff Presentations — Councilmember Llanas N7. May 7, 2011, Citizens Forum Town Hall Meeting — Councilmember Nephew Councilmember Juenemann moved to approve the aaenda as amended. Seconded by Councilmember Llanas. The motion passed. E. APPROVAL OF MINUTES Ayes — All 1. Approval of April 11, 2011, City Council Workshop Minutes Councilmember Juenemann moved to approve the April 11, 2011, City Council Workshop Minutes as submitted. Seconded by Councilmember Llanas. The motion passed. April 25, 2011 City Council Meeting Minutes Ayes — All Packet Page Number 9 of 190 1 2. Approval of April 11, 2011, City Council Meeting Minutes Councilmember Juenemann had a clarification to N3. It should read Councilmember Juenemann reminded citizens to clean out the trash in the gutters and in the street and dispose of the contents properly. Mayor Rossbach had a correction to D. Approval of Agenda. The motion was seconded by Councilmember Llanas not Councilmember men. Councilmember Nephew moved to approve the April 11, 2011, City Council Meeting Minutes as amended. Seconded by Councilmember Koppen. Ayes — All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. LMCIT Board on Insurance Reduction a. Assistant Administrator of the League of Minnesota Cities Insurance Trust (LMCIT), Dan Greensweig commended the city council for taking the steps necessary that resulted in lowering the city's insurance deductible for employment related claims and thanked the councilmember's and staff for a job well done. 2. Appointment to Business & Economic Development Commission a. Assistant City Manager, Public Works Director, Chuck Ahl stated Jennifer Lewis received 5 votes at the council workshop for the opening to serve on the Business & Economic Development Commission. Councilmember Nephew Business & Economic Ds rove the resolution a mission. ON 11-04-557 nting Jennifer Lewis to the BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Business & Economic Development Commission - Jennifer Lewis, term expires September 30, 2013 Seconded by Councilmember Koppen. The motion passed. Ayes — All April 25, 2011 Packet Page Number 10 of 190 2 City Council Meeting Minutes 3. Proclamation of Public Service Recognition Week a. Mayor Rossbach read the proclamation in honor of public service recognition week. Councilmember Juenemann moved to approve the proclamation, declaring that May 1-7, 2011, is Public Service Recognition Week. PUBLIC SERVICE RECOGNITION WEEK In honor of the millions of public employees at the federal, state, county, and city levels Whereas: Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation working; Whereas: Public employees take not only jobs, but oaths; Whereas: Many public servants, including military personnel, police officers, firefighters, border patrol officers, embassy employees, health care professionals and others, risk their lives each day in service to the people of the United States and around the world: Whereas: Public servants include teachers, doctors and scientists ... train conductors and astronauts ... nurses and safety inspectors ... laborers, computer technicians and social workers .. and countless other occupations. Day in and day out they provide the diverse services demanded by the American people of their government with efficiency and integrity; and Whereas: Without these public servants at every level, continuity would be impossible in a democracy that regularly changes its leaders and elected officials; Therefore: I, the Mayor of Maplewood do hereby announce and proclaim to all citizens and set seal hereto, that May 1-7, 2011, is Public Service Recognition Week. All citizens are encouraged to recognize the accomplishments and contributions of government employees at all levels — federal, state, county and city. Mayor Will Rossbach City Clerk, Karen Guilfoile Seconded by Councilmember Nephew. Ayes – All April 25, 2011 Packet Page Number 11 of 190 3 City Council Meeting Minutes The motion passed. 4~ Consider Adoption ofProclamation for Building Safety Month —May 2011 a. Mayor Rossbach gave a brief introduction and then read the proclamation for building safety month for May 2O11. Comnci|memberJuenemann moved to approve the proclamation for May of 2011, as Building Safety Month and demonstrate our commitment to building safety and fire prevention in our PROCLAMATION BUILDING SAFETY MONTH - MAY 2011 Whereas, our city's continuing efforts to address the critical issues of safety, energy efficiency, water conservation and sustainability in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe ani. Whereas, these uardians — dedicated members of th, work, worship, play, and; Whereas, the International Codes, the most widely revention codes in the nation, are u most U� hurricanes snowst April 25.2O11 Packet Page Number 12of1QO 4 City Council Meeting Minutes Adopted this 25th Day of April 2011 Will Rossbach, Mayor Karen Guilfoile, City Clerk Seconded by Councilmember Koppen. Ayes — All The motion passed. G. CONSENT AGENDA 1. Councilmember Nephew moved to approve consent agenda items 1-9 Seconded by Councilmember Juenemann. Ayes — All The motion passed. 1. Approval of Claims Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 272,763.43 Checks #84036 thru #84093 Dated 04/01/11 thru 04/12/11 $ 340,008.62 Disbursements via debits to checking account Dated 03/30/11 thru 04/08/11 $ 102,678.96 Checks #84094 thru #84143 Dated 04/13/11 thru 04/19/11 $ 185,483.93 Disbursements via debits to checking account Dated 04/08/11 thru 04/11/11 $ 900,934.94 Total Accounts Payable PAYROLL $ 506,437.59 Payroll Checks and Direct Deposits dated 04/15/11 $ 4,228.75 Payroll Deduction check #9984064 thru #9984067 dated 04/15/11 $ 509,248.29 Total Payroll 1.410.183.23 GRAND TOTAL Seconded by Councilmember Juenemann. Ayes — All The motion passed. April 25, 2011 Packet Page Number 13 of 190 5 City Council Meeting Minutes 2. Approval of Closure of Debt Service Funds Councilmember Nephew moved to approve the transfers and authorize the Finance Manager to make the appropriate budget adjustments. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. Approval of Resolution Approving Interfund Loan — TIF 1-10 Councilmember Nephew moved to approve the resolution to allow automatic Interfund loans for tax increment district 1-10 and to provide the terms and conditions for repayment. RESOLUTION 11-04-558 RESOLUTION APPROVING THE TERMS OF UP TO A $533,645 INTERFUND LOAN IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1-10 BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood, Minnesota (the "City"), as follows: Section 1. Background. (a) The City has heretofore approvE No. 1-10 (the "TIF District") within Development plan for the TI F District (the "TI F Plan"). establishment of Tax Increment Financing District ct No 1, and has adopted a tax increment financing (b) The City has determined to pay for certain costs identified in the TIF Plan consisting of land/building ac quisition, publ is ut ilities, s pecial as sessments, site i mprovements/preparation and administrative c osts ( the " Qualified C osts") i ncurred i n c onnection w ith t he es tablishment o f the TI F District and development of land within the TIF District, which costs will be financed on a temporary basis from City funds available for such purposes. (c) Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be I egally made, in order to finance the Qualified Costs. (d) The City intends to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 2. Terms of Interfund Loan. (a) The City hereby authorizes the advance of up to $533,645 from the or the City's General Fund or so much thereof as may be paid as Qualified Costs. The City shall reimburse itself for such advances together with interest at the rate stated below. I nterest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the da to the I oan o r ad vance i s aut horized, unl ess t he w ritten a greement s tates t hat the m aximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 4% and will not fluctuate. April 25, 2011 Packet Page Number 14 of 190 6 City Council Meeting Minutes (b) Principal and interest on the Interfund Loan shall be paid semi-annually on each February 1 and A ugust 1 ( each a " Payment Date") commencing with the Payment Date on which the City has Available Tax Increment (defined below), or on any other dates determined by the City Manager, through the last receipt of tax increment from the TIF District. (c) Payments on the Interfund Loan are payable solely from "Available Tax Increments" which shall mean, on each Payment Date, all of the tax increment available after other obligations have been paid, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the City by Ramsey County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799. Payments on the Interfund Loan are subordinate to any outstanding or future bonds, notes or contracts secured i n whole or i n part with Available Tax I ncrement, and ar a on par ity with any other outstanding or future Interfund loans secured in whole or in part with Available Tax Increment. (d) The p rincipal s um and all ac crued i nterest pay able under t he I nterfund Loan ar a pr e - payable in whole or in part at any time by the City without premium or penalty. N o partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. (e) The Interfund Loan i s evidence of an i nternal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision t hereof, i ncluding, w ithout I imitation, t he C ity. N either t he S tate o f M innesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount o f t he Interfund Loan or ac crued interest t hereon, which may remain unpaid after the final Payment Date. (f) The City may amend the terms of the Interfund Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. Adopted this 25th day of April, 2011. Mayor ATTEST: City Manager Seconded by Councilmember Juenemann. The motion passed. April 25, 2011 City Council Meeting Minutes Ayes — All Packet Page Number 15 of 190 7 4. Approval of Acceptance of the Assistance to Firefighters Grant and Authorization to Purchase Equipment Councilmember Nephew moved to approve the assistance to firefighters grant and authorize the purchase of the following equipment: three carbon monoxide/SPO2 monitors in the amount of $13,194.58 from Masimo Manufacturing, four power cots in the amount of $44,999.30 and one stair chair in the amount of $2,687.68 from Stryker Manufacturing and six power CPR devices in the amount of $90,008.17 from Physio Control. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 5. Gladstone Area Redevelopment Improvements, Project 04-21 a. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids b. Resolution Ordering Preparation of Assessment Roll C. Resolution Accepting Assessment Roll and Ordering Assessment Hearing Councilmember Nephew moved to approve the resolutions for the Gladstone Area Redevelopment Improvements, City Project 04-21: Approving Plans & Specifications and Authorizing Advertisement for Bids, Ordering the Preparation of the Assessment Roll, and Accepting Assessment Roll and Ordering Assessment Hearing. RESOLUTION 11-04-559 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to resolution passed by the city council on March 28, 2011, plans and specifications for the Gladstone Area Redevelopment Improvements, City Project 04-21, 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 18th day of May, 2011 at city hall, and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting on May 23, 2011. April 25, 2011 Packet Page Number 16 of 190 8 City Council Meeting Minutes RESOLUTION 11-04-560 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Gladstone Area Redevelopment Improvements, City Project 04-21, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. thereof. FURTHER, the clerk shall, upon completion of such proposed assessment, notify the council RESOLUTION 11-04-561 ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Gladstone Area Redevelopment Improvements, City Project 04-21, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: 1. A hearing shall be held on the 23rd day of May, 2011, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all gror)erty affected bv.said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 6. Conditional Use Permit Review — Xcel Substation, 1480 County Road D Councilmember Nephew moved to approve the conditional use permit for Xcel Energy's electrical substation and related electrical system operations in six months to check on the status of the 10 trees to be planted this summer. Seconded by Councilmember Juenemann. Ayes — All The motion passed. April 25, 2011 Packet Page Number 17 of 190 9 City Council Meeting Minutes ri 0 H. Conditional Use Permit Review — Ramsey County Correctional Facility, 297 Century Avenue South Councilmember Nephew moved to approve the conditional use permit for the Ramsey County Correctional Facility, located at 297 Century Avenue South, only if a problem arises or if the owner proposes a major change. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Approval to Waive the Building Permit and Plan Review Fees for Bruentrup Heritage Farm Machine Shed Councilmember Nephew moved to approve waiving the building permit and plan review fees of $611.16 for Bruentrup Heritage Farm Machine Shed. Seconded by Councilmember Juenemann. The motion passed. Approval to Purchase Fire Department Turn Out Councilmember Nephew Seconded by Councilmember Juen The motion passed. PUBLIC HEARING Ayes — All Ayes — All Maplewood Mall Area Improvements — Tax Increment Financing (TIF) Request, 3001 White Bear Avenue a. Resolution Approving TIF Plan for Economic Development TIF District 1-11 b. Resolution Approving Inter -Fund Loan i. Assistant City Manager, Public Works Director, Chuck Ahl introduced the item and answered questions of the council. ii. Planner, Michael Martin gave a brief report and answered questions of the council. iii. Financial Consultant, Tom Denaway, Springsted, Inc., St. Paul, gave the report on the Tax Increment Financing (TIF) request, 3001 White Bear Avenue and answered questions of the council. iv. Assistant Vice President, Mikaela Huot with Springsted, Inc. addressed the council and gave additional information on the report. V. Planning Commissioner, Dale Trippler gave the Planning Commission report. vi. Business & Economic Development Commissioner, David Hesley gave the BEDC report. Mayor Rossbach opened the public hearing. 1. Bob Zick, North St. Paul. 2. Diana Longrie, Maplewood. 3. Mark Jenkins, Maplewood. April 25, 2011 Packet Page Number 18 of 190 10 City Council Meeting Minutes Mayor Rossbach closed the public hearing. Councilmember Nephew moved to approve the resolution approving the Tax Increment Financing Plan for Economic Development TIF District 1-11 (Maplewood Mall Improvement Project). EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: April 25, 2011 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held on the 25th day of April, 2011, at 7:00 p. M. The following members of the Council were present: and the following were absent: Member Nephew introduced the following resolution and RESOLUTION 11 - APPROVING THE MODIFICATION TO THE DEVEL DISTRICT NO. 1 AND ESTABLISHING TAX INCREME AND APPROVING A TAX INCREMENT WHEREAS: Rv None its adoption: .NT PROGRAM FOR DEVELOPMENT NANCING DISTRICT NO. 1-11 THEREIN NCING PLAN THEREFOR A. It has been proposed that the City of Maplewood, Minnesota (the "City") modify the Development Program for Development District No. 1 and establish Tax Increment Financing District No. 1-11 ("TIF District No. 1-11") 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. The City Council has investigated the facts and has caused to be prepared a modification to the Development Program for Development District No. 1 (the "Development Program Modification"), and has caused to be prepared a proposed tax increment financing plan for TIF District No. 1-11 therein (the "TIF Plan"); and C. The City has performed all actions required by law to be performed prior to the approval of the Development Program Modification and TIF Plan, including, but not limited to, notification of Ramsey County and School District No. 622 having taxing jurisdiction over the property to be included in TIF District No. 1-11 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 as follows: 1. Development District No. 1. The City has heretofore established in the City Development District No. 1 ( the "Development District"), the initial boundaries of which are fixed and determined as described in the Development Program. 2. Development Program Modification. The Development Program Modification, for the Development D istrict, a c opy of w hich is on f ile i n t he of fice o f the C ity Manager, i s adopt ed as t he development program for the Development District. 3. TIF Plan. The TIF Plan is adopted as the tax increment financing plan for TIF District No. 1-11, and the City Council makes the following findings: April 25, 2011 Packet Page Number 19 of 190 11 City Council Meeting Minutes (a) TIF District No. 1-11 is an economic development district as defined in Minnesota Statutes, S ection 469 .174, S ubdivision 12, t he specific bas is for s uch det ermination bei ng that t he proposed development financed by tax increments from TIF District No. 1-11 (the "Project") will result in increased employment in the state and will result in the preservation and enhancement of the tax base of the State. (b) In addition, pursuant to Minnesota Statutes Section 469.176, Subdivision 4c (d), the City finds that the Project will create or retain jobs in the state, including construction jobs, and that the construction of the Project would not have commenced before July 1, 2011, without the tax increment financing assistance to be provided pursuant to the TIF Plan. (c) 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 i nvestment w ill not finance these development activities due t o t he hi gh cost of site improvements and infrastructure costs. The City, without tax increment assistance, w ould not have t he r esources t o under take t he nec essary s ite improvements. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Development District. (ii) A comparative analysis of estimated market values both with and w ithout establishment of TIF District N o. 1 -11 and the use of tax increments has been performed as des cribed abov e. S uch anal ysis is f ound i n Exhibit V I of t he TI F Plan, and i ndicates t hat t he i ncrease i n estimated m arket v alue of the proposed development (less the indicated subtractions) exceeds the estimated market value of the s ite abs ent t he a stablishment of TIF D istrict N o. 1 -11 and the u se of tax increments. (d) 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 m arket value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of TIF District No. 1-11 permitted by the TIF 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, plus 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 $10,877,452; 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 $945,566. (e) The TIF Plan for TIF District No. 1-11 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) TIF District No. 1-11 is properly zoned; and (ii) The Planning Commission of the City has determined that the proposed TTIF Plan conforms to the general plan for the development and redevelopment of the City as a whole; and April 25, 2011 Packet Page Number 20 of 190 12 City Council Meeting Minutes (iii) The TIF Plan will generally compliment and serve to implement policies adopted by the City. (f) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelopment of the Development District 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 the Development District. 4. Public P urpose. The adoption of the Development Program Modification and TI F P Ian conform in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State which is already built up to provide employment opportunities and to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 5. Certification. The A uditor of Ramsey County i s requested to certify the original net tax capacity of TIF District No. 1-11 as described in TIF 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 Manager 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 I ist of all properties within TIF District No. 1-11 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 6. Filing. T he C ity M anager i s f urther authorized and di rected t o file a copy of t he Development Program and TIF Plan for TIF District No. 1-11 with the Commissioner of Revenue and the Office of the State Auditor. 7. Administration. The administration of the Development District is assigned to the City Manager 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 Mayor Rossbach and upon vote being taken thereon, the following voted in favor thereof: Mayor Rossbach, Councilmembers Juenemann & Nephew and the following voted against the same: Councilmembers Koppen & Llanas Whereupon said resolution was declared duly passed and adopted. Seconded by Mayor Rossbach. The motion passed. April 25, 2011 City Council Meeting Minutes Ayes — Mayor Rossbach, Councilmembers Juenemann & Nephew Nays — Councilmembers Koppen, & Llanas Packet Page Number 21 of 190 13 STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Manager 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 to the Development Program for Development District No. 1 and the establishment of Tax Increment Financing District No. 1-11 therein in the City. WITNESS my hand this 25th day of April, 2011. City Manager Councilmember Nephew moved to ap Maplewood Mall Improvement Project APPROVIN( $952,900 INTERFU TAX INCREMENT BE IT RESOLVED by the City Council (the as follows: Section 4. Background E TERMS OF UP TO A .OAN IN CONNECTION WITH ANCING DISTRICT NO. 1-11 uncil") of the City of Maplewood, Minnesota (the "City"), (a) The City has heretofore approved the establishment of Tax Increment Financing District No. 1-11 (the "TIF District") within Development District No. 1, and has adopted a tax increment financing plan for the TI F District (the 71 F Plan"). (b) The City has determined to pay for certain costs identified in the TIF Plan consisting of land/building acquisition, public utilities, site improvements/preparation, other eligible improvements, and administrative c osts ( the " Qualified C osts") i ncurred i n c onnection w ith t he es tablishment o f the TI F District and development/redevelopment of land within the TIF District, which costs will be financed on a temporary basis from City funds available for such purposes. (c) Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be I egally made, in order to finance the Qualified Costs. (d) The City intends to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). April 25, 2011 Packet Page Number 22 of 190 14 City Council Meeting Minutes Section 5. Terms of Interfund Loan. (a) The City hereby authorizes the advance of up to $952,900 from the or the City's General Fund or so much thereof as may be paid as Qualified Costs. The City shall reimburse itself for such advances together with interest at the rate stated below. I nterest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the da to the I oan o r ad vance i s aut horized, unl ess t he w ritten a greement s tates t hat the m aximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 4% and will not fluctuate. (b) Principal and interest on the Interfund Loan shall be paid semi-annually on each February 1 and A ugust 1 ( each a " Payment D ate") commencing with t he P ayment D ate on which the C ity has Available Tax Increment (defined below), or on any other dates determined by the City Manager, through the last receipt of tax increment from the TIF District. (c) Payments on the Interfund Loan are payable solely from "Available Tax Increments" which shall mean, on each Payment Date, all of the tax increment available after other obligations have been paid, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the City by Ramsey County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799. Payments on the Interfund Loan are subordinate to any outstanding or future bonds, notes or contracts secured i n whole or i n part with Available Tax l ncrement, and ar a on par ity with any other outstanding or future Interfund loans secured in whole or in part with Available Tax Increment. (d) The p rincipal s um and all ac crued i nterest pay able under t he I nterfund Loan ar a pr e - payable in whole or i n part at any time by the City without premium or penalty. N o partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. (e) The Interfund Loan i s evidence of an 'i nternal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision t hereof, i ncluding, w ithout I imitation, t he C ity. N either t he S tate o f M innesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount o f t he Interfund Loan or ac crued interest t hereon, which may remain unpaid after the final Payment Date. (f) The City may amend the terms of the Interfund Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 6. Effective Date. This resolution is effective upon the date of its approval. Adopted this 25th day of April, 2011. Mayor April 25, 2011 Packet Page Number 23 of 190 15 City Council Meeting Minutes ATTEST: City Manager Seconded by Mayor Rossbach. Ayes — All The motion passed. The city council took a recess at 9:10 p.m. The city council reconvened at 9:20 p.m. Mayor Rossbach moved to hear item J. 1. New Business prior to I. Unfinished Business. Seconded by Councilmember Koppen. The motion passed. J. NEW BUSINESS (HEARD OUT OF ORDE 1. Consideration of Penalties for a. City Clerk, Director Citizen S Alcohol and Tobacco Compli Representatives were present Downtown Lav 52 KM, Hillside & Spirits. There was not a reps Councilmember Nephew Ayes — All d Tobacco Compliance Failures en Guilfoile gave the report on Penalties for ss and answered questions of the council. ss the city council from Al Liquor, Bambu Asian Cuisine, Spirits, Holiday 2729 Stillwater Road, Sarrack's Int'I Wine to from The Ponds at Battle Creek Golf Course. )rove the staff recommended fines for alcohol and tobacco attend a future city council meeting to address the city council. Al Liquor, 19 Century Avenue South, Maplewood. $500 Tobacco Fine Bambu Asian Cuisine, 1715 Beam Avenue, Maplewood. $1,000 Alcohol Fine Downtown LAV 52 KM, 3030 Southlawn Drive, Maplewood. $500 Alcohol Fine Hillside Wine & Spirits, 1690 McKnight Road, Maplewood. $500 Alcohol Fine Holiday, 2729 Stillwater Road, Maplewood. $250 Tobacco Fine Sarrack's Int'I Wine & Spirits, 2305 Stillwater, Maplewood. $2,000 Alcohol Fine April 25, 2011 Packet Page Number 24 of 190 16 City Council Meeting Minutes Seconded by Councilmember Koppen. Ayes — All The motion passed. I. UNFINISHED BUSINESS Organized Trash Collection System Analysis a. Resolution Approving Scope of Work and Budget for Consultant Assistance b. Resolution Approving General Consultant Service Agreement with Foth Infrastructure & Environment, LLC i. Environmental Planner, Shann Finwall gave the report on the Organized Trash Collection System Analysis and answered questions of the council. ii. City Attorney, Alan Kantrud addressed and answered questions of the council. iii. City Manager, James Antonen addressed the council. Councilmember Nephew moved to approve the resolution approving a scope of work and budget for consultant assistance. This resolution approves of a work schedule and budget for the next phase of the organized trash collection system analysis process. RESOLUTION 11 - CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving Scope of Work and Budget for Consultant Assistance WHEREAS, Maplewood City Council adopted a Resolution of Intent to Organize Trash Collection on March 28, 2011. WHEREAS, the adoption of a Resolution of Intent to Organize Trash Collection by the Maplewood City Council was the beginning of a planning process to initiate public participation and evaluate all trash collection system options, including evaluating the city's current open trash collection system for potential improvements. WHEREAS, staff is recommending that the next phase of the organized trash collection system analysis include the formation of a Trash Hauling Working Group to be made up of two City Councilmembers and three Environmental and Natural Resources Commissioners. WHEREAS, staff is recommending the city contract with Foth Infrastructure & Environment, LLC, for the next phase of the organized trash collection system analysis. NOW, THEREFORE, be it resolved that the Maplewood City Council hereby approves a scope of work and budget for consultant assistance from Foth Infrastructure & Environment, LLC as attached hereto as Exhibit 1 for the next phase of the organized trash collection system analysis. The budget is not to exceed $40,000 for this phase of the analysis, to be funded by a portion of the city's 2011 SCORE grant funds. April 25, 2011 Packet Page Number 25 of 190 17 City Council Meeting Minutes Adopted this 25th day of April, 2011. Signed: Mayor Seconded by Mayor Rossbach. The motion passed. Attest: City Clerk Ayes — Mayor Rossbach Councilmembers Juenemann, Llanas & Nephew Nay — Councilmember Koppen Councilmember Nephew moved to approve the resolution approving general consultant Resolution App with Fc RESOLUTION CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA Dnsultant Service Agreement & Environment, LLC WHEREAS, Maplewood City Council adopted a Resolution of Intent to Organize Trash Collection on March 28, 2011. WHEREAS, the adoption of a Resolution of Intent to Organize Trash Collection by the Maplewood City Council was the beginning of a planning process to initiate public participation and evaluate all trash collection system options, including evaluating the city's current open trash collection system for potential improvements. WHEREAS, the city has obtained three request for qualifications (RFQs) for professional assistance during the planning process. WHEREAS, after a professional review of the RFQs, staff has recommended the City Council authorize consultant assistance from Foth Infrastructure & Environment, LLC, for the next phase of the organized trash collection system analysis. NOW, THEREFORE, be it resolved that the Maplewood City Council hereby approves a general consultant service agreement with Foth Infrastructure & Environment, LLC, attached hereto as Exhibit 1 for the next phase of the organized trash collection system analysis. April 25, 2011 Packet Page Number 26 of 190 18 City Council Meeting Minutes Adopted this 25th day of April, 2011. Signed: Mayor J. K. Seconded by Councilmember Juenemann. The motion passed. Attest: City Clerk Ayes — Mayor Rossbach Councilmembers Juenemann, Llanas & Nephew Nay — Councilmember Koppen NEW BUSINESS (HEARD OUT OF ORDER AHEAD OF I. UNFINISHED BUSINESS) VISITOR PRESENTATIONS 1. Dave Schelling, Maplewood. Mr. Schelling System. He also discussed that in 2002 it processing facility plant he also expressed 2. Bob Zick, North St. Paul. Mr. Zick talk Improvement Plan that was discusses article that was printed in the St. Paul concerns for the City of Maplewood. L. AWARD OF BIDS None. M. ADMINISTRATIVE PRESENTATIONS None. N. COUNCIL PRESENTATIONS 5 about the Organized Trash Collection 13 million dollars to run the Newport waste mcerns of landfills closing. )ut various things including the budget and Capital % council workshop. Mr. Zick also mentioned an er Press regarding spending and his budget Trash Bills — Councilmember Nephew Councilmember Nephew discussed the 2011 base rates for new trash customers and gave a detailed presentation on solid waste bills. 2. City Clean -Up — Councilmember Juenemann The Spring Clean Up for Maplewood residents is Saturday, April 30, 2011, from 8 a.m. to 1 p.m. at Aldrich Arena, 1850 White Bear Avenue, Maplewood. 3. Earth Day — Councilmember Juenemann Councilmember Juenemann said Earth day was Friday, April 22, 2011, and stated she accompanied city staff to clean up the local area and asked others to help do their part and keep the city clean. April 25, 2011 Packet Page Number 27 of 190 19 City Council Meeting Minutes 4. May 1St Dedication — Councilmember Juenemann Councilmember Juenemann reminded residents that Sunday, May 1, 2011, at 1:00 p.m. is the unveiling of the Maplewood Police Memorial in front of city hall. 5. Heritage Preservation Commission Update — Councilmember Koppen Councilmember Koppen thanked the council for appointing him as the liaison to the Historical Preservation Commission as he has enjoyed attending the meetings. 6. Staff Presentations — Councilmember Llanas Councilmember Llanas stated last week he encouraged staff to use the technology that's available to reduce paper consumption. He thanked the staff for their presentations and a job well done. 7. May 7, 2011, Citizens Forum Town Hall Meeting — Councilmember Nephew Councilmember Nephew said the next Citizens Forum, Town Hall Meeting will be held Saturday, May 7, 2011, 10:00 a.m. to 12:00 p.m. at Ecumen Lakeview Commons, 1200 Lakeview Drive North, Maplewood, 2nd floor in the Community Room. The topic will be to discuss the City Council Goals for 2011 — 2013. O. ADJOURNMENT Mayor Rossbach adjourned the meeting at 10:42 April 25, 2011 Packet Page Number 28 of 190 20 City Council Meeting Minutes City of Maplewood Official Sign -Up Sheet By putting your name and address on this sheet, you are requesting to address the City Council Date: April 25, 2011 Time: 7:00 p.m. Name (first & last) --please -print clearly Address U 2. �� AIS P 3. 4. 5. 6. 7. S. 9. 10. 11. 12. 13. 14. 15. Packet Page Number 29 of 190 City of Maplewood Official Public Hearing Sign -Up Sheet By putting your name and address on this sheet, you are requesting to address the Maplewood City Council on the following topic for up to five minutes. Public Hearing: Maplewood Mall Area Improvements — Tax Increment Financia TIF Re uest 3001 White Bear Avenue Date: Aril 25 2011 Time: 7:00 p.m. or later Name (first & last) -please print 2. 3. -�1n 4.- 5.- 6, .5.6. 7, 8, 9, 10. 11. 12. 13. 14. Address Packet Page Number 30 of 190 Agenda Item F1 Agenda Report TO: James W. Antonen, City Manager FROM: Chuck Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: May 4, 2011 SUBJECT: Appointment to Business & Economic Development Commission INTRODUCTION/RECOMMENDATION The City Council will be conducting interviews during the workshop prior to this meeting. The applicant interviewed is for a vacancy on the Business & Economic Development Commission for a term that expires September 30, 2013. If the Council is able to complete the interviews and the ballots can be tallied prior to this meeting, it is recommended that the Council appoint the candidate with the highest number of votes to the Business & Economic Development Commission by approving the attached resolution. Attachments: 1. Resolution for Appointment Packet Page Number 31 of 190 Attachment 1 RESOLUTION NO. BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Business & Economic Development Commission , term expires September 30, 2013 Packet Page Number 32 of 190 Agenda Item F2 Agenda Report TO: James W. Antonen, City Manager FROM: Chuck Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: May 4, 2011 SUBJECT: Resolution for Appointment to Heritage Preservation Commission INTRODUCTION/RECOMMENDATION Commissioner Peter Boulay's is a commissioner on the Heritage Preservation Commission whose term expired on April 30th. During the last appointment process, he indicated that he did not wish to seek reappointment due to schedule conflicts with the meeting times. However, since the application deadline has passed, discussions have ensued on the commission to move the meeting time, which would then allow Commissioner Boulay to continue to serve on the commission. Because of this, Commissioner Boulay has indicated that he would like to continue to serve on the Heritage Preservation Commission (HPC). There currently is a vacancy on the HPC due to a resignation which was not filled during the last appointment process. This term expires April 30, 2012. As Commissioner Boulay is currently serving on the HPC and has been a member since 2006, staff would recommend the Council appoint Commissioner Boulay to serve the remainder of this term. After this term expires, Commissioner Boulay would then have to apply for reappointment. Attachments: 1. Resolution for Appointment Packet Page Number 33 of 190 Attachment 1 RESOLUTION NO. BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, to serve on the following commissions: Heritage Preservation Commission - Peter Boulay, term expires April 30, 2012 Packet Page Number 34 of 190 AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Manager RE: APPROVAL OF CLAIMS DATE: May 9, 2011 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: $ 366,441.18 Checks 9 84144 thru 9 84194 dated 04/22/11 thru 04/26/11 $ 317,133.57 Disbursements via debits to checking account dated 04/14/11 thru 04/22/11 $ 310,122.28 Disbursements via debits to checking account dated 05/03/2011 $ 191,806.03 Disbursements via debits to checking account dated 04/22/11 thru 04/29/11 $ 1,185,503.06 Total Accounts Payable PAYROLL $ 505,874.65 Payroll Checks and Direct Deposits dated 04/29/11 $ 1,168.95 Payroll Deduction check 9 9984093 thru 9 9984094 dated 04/29/11 $ 507,043.60 Total Payroll $ 1,692,546.66 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments SAFINANCEWPPROVAL OF CLAIMS\2011 WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 35 of 190 04/21/2011 Check 84144 84145 84146 84147 84148 84149 84150 84151 84152 84153 84154 84155 84156 84157 84158 84159 84160 84161 84162 84163 84164 84165 84166 84167 84168 84169 84170 84171 84172 84173 84174 84175 84176 84177 84178 84179 84180 84181 84182 84183 84184 84185 84186 Date 04/22/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 04/26/2011 Vendor 02464 04519 04519 03576 00585 04206 00985 01337 01337 01190 01190 01190 01190 01190 01047 01047 00025 03813 00130 03738 03939 02750 00420 02396 00569 04803 04445 00762 04525 04239 04239 04239 03975 02393 02393 04870 04060 04316 01088 04335 04871 01175 03789 00001 00001 00001 00001 00001 00001 01254 04267 04869 04502 Check Register City of Maplewood US BANK JESSICA CAMPBELL JESSICA CAMPBELL EUREKA RECYCLING GOPHER STATE ONE -CALL H.A. KANTRUD METROPOLITAN COUNCIL RAMSEY COUNTY -PROP REC & REV RAMSEY COUNTY -PROP REC & REV XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY 3M 3M ABLE FENCE INC AMERICAN SIGN BRACKETS ASIAN AMERICAN PRESS CHARLES E. BETHEL LUANNE CORTESI RICHARD DAWSON DOWNTOWNER DETAIL CENTER SHANN FINWALL CLARENCE GERVAIS HEALTH & NUTRI FIT LLC HOPE HAVEN INC. JOHN E REID AND ASSOC INC EVERYDAY ETIQUETTE JULIE R FRANTZ L3 COM MOBILE -VISION, INC. L3 COM MOBILE -VISION, INC. L3 COM MOBILE -VISION, INC. MICHELLE LARSON MICHAEL LOCHEN MICHAEL LOCHEN MCFARLANE MEDIA INTERESTS MES - MIDAM CITY OF MINNEAPOLIS RECEIVABLES MN POLLUTION CONTROL AGENCY SHELLY NEPHEW NICOLLET PARTNERS, INC. CITY OF NORTH ST PAUL MICHAEL NYE ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PEPSI -COLA COMPANY ROBERT H. PETERSON PETUSHIN MARTIAL ARTS, LLC BRADLEY REZNY Description FUNDS FOR ATMS REIMB FOR MILEAGE 1/31 - 2/25 REIMB FOR MILEAGE 2/28 - 3/25 FINAL RECONCILING BILL 2010 NET BILLABLE TICKETS - MARCH PROSECUTION & LEGAL SRVS - MAY WASTEWATER - MAY RADIO FLEET SUPPORT - MARCH RADIO FLEET SUPPORT - MARCH ELECTRIC & GAS UTILITY ELECTRIC & GAS UTILITY ELECTRIC & GAS UTILITY ELECTRIC & GAS UTILITY FIRE SIRENS SHEETING FOR SIGN FABRICATION SHEETING FOR SIGN FABRICATION BACKSTOP & FENCING GOODRICH #1 CAPS FOR SIGN INSTALLATIONS EMPLOYMENT AD FOR POLICE OFFICER RETAINER FOR LEGAL & RENT - MAY REIMB FOR MEAL 3/29 REIMB FOR WORKOUT SHOES 4/17 POLICE VEHICLE CLEANING & DETAILING REIMB FOR PARKING & MILEAGE 2/8-4/8 REIMB RAMSEYCHIEF DINNER/MEETING LOSE 2 WIN WINTER CHALLENGE LATH & STAKES REGISTRATION FEES ETIQUETTE PROGRAM INSTRUCTION MAINT AGREEMENT SQUAD VIDEO EQUIP MAINT AGREEMENT SQUAD VIDEO EQUIP MAINT AGREEMENT INTERVIEW RM EQ REIMB FOR MEAL & MILEAGE 3/29 REIMB FOR MEALS & TAXI 3/20 - 3/25 REIMB RAMSEYCHIEF DINNER/MEETING EMPLOYMENT AD - POLICE OFFICER SCBA REPAIR AUTO PAWN SYSTEM - MARCH MPCA PETROLEUM BROWNFIELDS PROG REIMB FOR MEAL & MILEAGE 4/14 COMMISSIONER HEARING 62 -CV -07-2999 MONTHLY UTILITIES REIMB FOR TUITION & BOOKS 1/12-2/23 REIMB A EGGERT SUMP PUMP DOLLERSCHELL FAMILY MEMBERSHIP REIMB J SCHULTZ FAMILY MEMBERSHIP REFUND R ELLIOT MN REV REFUND H BATE-MBU MEMBERSHIP REFUND J EWALD HP BENEFIT MDSE FOR RESALE REIMB FOR MILEAGE 2/24 - 4/14 TUITION FOR TRAINING COURSE REIMB FOR RECERTIFICATION FEE 3/30 Amount 20,000.00 42.43 42.43 1,196.48 261.10 16,100.00 216,688.14 595.84 510.72 12,794.69 6,168.07 2,777.49 443.66 51.71 3,130.10 397.58 17,400.00 686.02 157.50 6,375.00 16.48 51.99 545.04 48.27 15.00 1,036.00 2,456.58 400.00 132.00 5,100.00 1,000.00 750.00 40.16 308.75 15.00 237.88 1,162.65 456.60 437.50 15.08 842.00 2,573.65 1,052.00 513.00 133.70 133.70 75.00 37.49 20.00 486.09 65.28 105.00 20.00 S:\FINANCE\APPROVAL OF CLAIMS\2011WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 36 of 190 84187 04/26/2011 02001 CITY OFROSEVILLE MONTHLY JOINT POWERSRVS - APRIL 625.00 84188 04/26/2011 01463 SISTER ROSALIND GEFRE MCC MASSAGES - MARCH 16-30 1,369.00 84189 04/26/2011 01497 SPRINGSTED INC REBATE CALCULATIONS 2,750.00 04/26/2011 01497 SPRINGSTED INC REBATE CALCULATIONS 2,750.00 84190 04/26/2011 01836 CITY OF ST PAUL ASPHALT - MARCH 6,496.12 04/26/2011 01836 CITY OF ST PAUL RADIO SRVS & MAINT - MARCH 85.10 84191 04/26/2011 01565 SWEEPER SERVICES PARTS TO REPAIR SWEEPER 1,757.54 84192 04/26/2011 01574 T.A. SCHIFSKY & SONS, INC PROJ 0904 STILLWATER/TH5 PMT#8 20,579.99 84193 04/26/2011 04104 TRANE U.S. INC. REPAIRS IN BANQUET ROOMS 3,920.58 84194 04/26/2011 01725 VOLUNTEER FIREFIGHTER'S LIFE INS. PART-TIME F.F. 7.00 51 Checks in this report. 366.441.18 S:\FINANCE\APPROVAL OF CLAIMS\2011WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 37 of 190 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 4/14/2011 4/18/2011 P.E. R.A. P.E. R.A. 86,575.41 4/14/2011 4/18/2011 U.S. Treasurer Federal Payroll Tax 95,231.76 4/15/2011 4/18/2011 MN State Treasurer Drivers License/Deputy Registrar 20,240.49 4/15/2011 4/18/2011 MN Dept of Revenue Sales Tax 9,266.00 4/14/2011 4/19/2011 MN State Treasurer State Payroll Tax 20,613.29 4/15/2011 4/19/2011 MidAmerica - ING HRA Flex plan 18,802.36 4/18/2011 4/19/2011 MN State Treasurer Drivers License/Deputy Registrar 12,793.50 4/19/2011 4/20/2011 MN State Treasurer Drivers License/Deputy Registrar 22,895.12 4/20/2011 4/21/2011 MN State Treasurer Drivers License/Deputy Registrar 13,876.96 4/20/2011 4/21/2011 MN Dept of Revenue Fuel Tax (120.67) 4/15/2011 4/22/2011 Optum Health DCRP & Flex plan payments 6,488.60 4/21/2011 4/22/2011 MN State Treasurer Drivers License/Deputy Registrar 9,391.75 4/21/2011 4/22/2011 MN Dept of Natural Resources DNR electronic licenses 1,079.00 TOTAL 317,133.57 S:\FINANCE\APPROVAL OF CLAIMS\2011WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 38 of 190 04/29/2011 Check 84195 84196 84197 84198 84199 84200 84201 84202 84203 84204 84205 84206 84207 84208 84209 84210 84211 84212 84213 84214 84215 84216 84217 84218 84219 84220 84221 84222 84223 84224 84225 84226 84227 84228 84229 84230 Date 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 05/03/2011 Vendor 02728 02728 02728 02728 02728 02728 01337 01409 01409 01409 01409 01409 01409 01750 01750 01750 01190 01190 01190 01190 01047 00058 00111 00120 00120 04848 00228 00230 02585 00298 02929 00644 00649 04874 03498 03818 01085 01126 03740 04144 01160 03961 04873 00001 01222 01239 01302 00396 04221 04221 04876 01387 01418 Check Register City of Maplewood KIMLEY-HORN & ASSOCIATES INC KIMLEY-HORN & ASSOCIATES INC KIMLEY-HORN & ASSOCIATES INC KIMLEY-HORN & ASSOCIATES INC KIMLEY-HORN & ASSOCIATES INC KIMLEY-HORN & ASSOCIATES INC RAMSEY COUNTY -PROP REC & REV S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. THE WATSON CO INC THE WATSON CO INC THE WATSON CO INC XCELENERGY XCELENERGY XCELENERGY XCELENERGY 3M CRAIG AICHELE ANIMAL CONTROL SERVICES AQUA LOGIC INC AQUA LOGIC INC AVESIS BRUCE NELSON PLBG. & HTG. INC. BRYAN ROCK PRODUCTS, INC. CENTRAL INTERNAL MEDICINE CITY ENGINEERS ASSOC OF MN CNAGLAC HEALTHPARTNERS PATRICK HEFFERNAN ALBERT H. MARKHART, III SHERRIE MECHELKE MEDICA MN LIFE INSURANCE MN NCPERS LIFE INSURANCE PAMELA MOY MINNESOTA DEPT. OF NATURAL RESOUF NEWMAN SIGNS NORTH METRO ELECTRIC OMNI CONTRACTING, INC. ONE TIME VENDOR ANDREA OSTER MARY KAY PALAN K STEVEN PRIEM DEPT OF PUBLIC SAFETY RANDY'S MEATS & GOOD STUFF RANDY'S MEATS & GOOD STUFF CHARLENE RICHTER DR. JAMES ROSSINI SAM'S CLUB DIRECT Description PROJ 04-21 PROF SRVS THRU 03/31 PROJ 08-13 PROF SRVS THRU 3/31 PROJ 09-08 PROF SRVS THRU 3/31 PROJ 10-20 PROF SRVS THRU 3/31 PROJ 10-09 PROF SRVS THRU 3/31 PROJ 09-13 PROF SRVS THRU 3/31 PROJ 09-07 EASEMENT RECORDING PROJ 10-14 ENGINEERING FEES PROJ 09-08 ENGINEERING FEES PROJ 10-14 ENGINEERING FEES ENGINEERING FEES PROJ 06-02 ENGINEERING FEES PROJ 10-07 ENGINEERING FEES MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE ELECTRIC & GAS UTILITY ELECTRIC UTILITY ELECTRIC UTILITY ELECTRIC UTILITY REFLECTIVE SHEETING REIMB FOR MILEAGE 4/13-4/19 ANIMAL CONTROL FEES 4/4 - 4/24 REPLACE WATER SLIDE PUMP/PLUMBING MCC POOL DRAIN COVERS MONTHLY PREMIUM - MAY WORK AT STATION 3 BASE FOR ALLEY- RIPLEY CARDIAC STRESS TEST ANNUALDUES LTC MONTHLY PREMIUM - MAY MONTHLY PREMIUM - MAY REIMB FOR MEALS 4/9 - 4/15 SPEAKER FOR NC GARDEN SERIES REIMB FOR MEAL 4/20 MONTHLY PREMIUM - MAY MONTHLY PREMIUM - MAY MONTHLY PREMIUM - MAY REIMB FOR MEAL & MILEAGE 4/20 PROJ 04-21 PUBLIC WATERS PERMIT FEE STOP SIGN BLANKS & FACES - DG -3 WORK AT STATION 3 TAKE DOWN RADIO TOWER STATION 1 REFUND D DOEKSEN CLASS CANCELLED REIMB FOR MEAL 4/14 REIMB FOR REFRESHMENTS/MEETING REIMB FOR MILEAGE 4/13 - 4/19 HAZARDOUS MATERIALS STORAGE 2010 MDSE FOR RESALE MDSE FOR RESALE REIMB FOR MEAL 4/11 ADMIN FEE FOR STRESS TEST - APRIL EDGERTON GYM & EASTER EGG HUNT Amount 21,317.19 2,946.80 2,187.59 1,592.65 1,580.60 975.00 46.00 17,699.16 17,297.11 9,754.53 373.98 364.26 311.13 325.26 266.82 201.54 22,598.97 49.84 8.97 7.19 462.91 78.54 1,901.00 8,880.64 15.51 245.40 742.90 328.48 170.00 60.00 479.54 11,211.62 130.48 100.00 10.58 143,278.14 3,665.30 448.00 28.90 750.00 2,391.06 201.31 1,950.00 5.00 11.64 13.20 95.88 25.00 125.20 124.20 12.00 100.00 280.25 S:\FINANCE\APPROVAL OF CLAIMS\2011WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 39 of 190 84230 05/03/2011 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 211.06 05/03/2011 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 90.58 05/03/2011 01418 SAM'S CLUB DIRECT FOOD/SUPPLIES FOR COUNCIL 76.72 05/03/2011 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 72.78 05/03/2011 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 70.65 05/03/2011 01418 SAM'S CLUB DIRECT GRAB BAG SUPPLIES 22.44 05/03/2011 01418 SAM'S CLUB DIRECT GRAB BAG BINGO SUPPLIES 9.98 05/03/2011 01418 SAM'S CLUB DIRECT KIDS CLUB SUPPLIES 7.14 84231 05/03/2011 04872 LEIGH SCHOENECKER REIMB FOR MEAL & MILEAGE 4/14 17.54 84232 05/03/2011 04875 SGC HORIZON LLC PROJ 10-14 PUBLICATION AD FOR BID 159.25 05/03/2011 04875 SGC HORIZON LLC PROJ 10-14 PUBLICATION AD FOR BID 159.25 84233 05/03/2011 01836 CITY OF ST PAUL PROJ 09-04 WATER MAIN WORK INSP 8,063.70 05/03/2011 01836 CITY OF ST PAUL JOINT POWER AGREEMENT JAN -MARCH 2,700.00 05/03/2011 01836 CITY OF ST PAUL PROJ 09-04 WATER MAIN WORK INSP 1,768.09 05/03/2011 01836 CITY OF ST PAUL PROJ 08-13 WATER MAIN WORK INSP 1,261.25 05/03/2011 01836 CITY OF ST PAUL PROJ 08-13 WATER MAIN WORK INSP 704.90 84234 05/03/2011 02705 DAVE SWAN COMMERCIAL PLUMBING EXAM 180.00 84235 05/03/2011 01574 T.A. SCHIFSKY & SONS, INC BITUMINOUS MATERIALS NOT TO EXCEED 2,007.66 05/03/2011 01574 T.A. SCHIFSKY & SONS, INC FILL SAND 1,527.29 05/03/2011 01574 T.A. SCHIFSKY & SONS, INC BITUMINOUS MATERIALS NOT TO EXCEED 511.22 84236 05/03/2011 00529 UNION SECURITY INSURANCE CO LTD PLAN 4043120-2 - MAY 3,089.52 05/03/2011 00529 UNION SECURITY INSURANCE CO STD PLAN 4043120-1 - MAY 2,227.06 84237 05/03/2011 01699 UNIVERSITY OF MINNESOTA SPEAKER FOR LAWN CARE SEMINAR 138.25 84238 05/03/2011 04179 VISUAL IMAGE PROMOTIONS PROGRAM DISPLAY SIGN MCC - FEB 250.00 05/03/2011 04179 VISUAL IMAGE PROMOTIONS PROGRAM DISPLAY SIGN MCC - MARCH 250.00 84239 05/03/2011 01828 KRIS A WEAVER REIMB FOR MEAL 4/20 9.52 84240 05/03/2011 03378 MATT WOEH RLE REIMB FOR MILEAGE 4/13 - 4/14 59.16 84241 05/03/2011 04199 YOUTH SERVICE BUREAU, INC. JUVENILE REFERRAL SRVS - 2ND QTR 6,250.00 47 Checks in this report. 310.122.28 S:\FINANCE\APPROVAL OF CLAIMS\2011WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 40 of 190 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 4/22/2011 4/25/2011 MN State Treasurer Drivers License/Deputy Registrar 24,845.13 4/25/2011 4/26/2011 MN State Treasurer Drivers License/Deputy Registrar 15,932.30 4/22/2011 4/27/2011 US Bank VISA One Card' Purchasing card items 59,594.43 4/26/2011 4/27/2011 MN State Treasurer Drivers License/Deputy Registrar 24,801.70 4/27/2011 4/28/2011 MN State Treasurer Drivers License/Deputy Registrar 16,027.71 4/28/2011 4/29/2011 MN State Treasurer Drivers License/Deputy Registrar 18,366.00 4/28/2011 4/29/2011 ING - State Plan Deferred Compensation 26,500.00 4/28/2011 4/29/2011 ICMA (Vantagepointe) Deferred Compensation 4,112.76 4/28/2011 4/29/2011 MN Dept of Natural Resources DNR electronic licenses 1,626.00 TOTAL 191,806.03 'Detailed listing of VISA purchases is attached. S:\FINANCE\APPROVAL OF CLAIMS\2011WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 41 of 190 Transaction Date Posting Date Merchant Name Transaction Amount Name 04/17/2011 04/19/2011 GRAND VIEW LODGE & TENNIS $239.61 JAMES ANTONEN 04/12/2011 04/13/2011 MY MYSTERY PARTY $172.75 MANDY ANZALDI 04/12/2011 04/13/2011 MY MYSTERY PARTY $34.95 MANDY ANZALDI 04/13/2011 04/14/2011 TARGET 00011858 $63.04 MANDY ANZALDI 04/13/2011 04/14/2011 CUB FOODS, INC. $48.97 MANDY ANZALDI 04/18/2011 04/19/2011 CUB FOODS, INC. $14.34 MANDY ANZALDI 04/18/2011 04/20/2011 JOANN ETC #1970 $43.14 MANDY ANZALDI 04/18/2011 04/20/2011 MICHAELS #2744 $48.50 MANDY ANZALDI 04/19/2011 04/20/2011 PARTY CITY #768 $9.98 MANDY ANZALDI 04/19/2011 04/21/2011 DOLRTREE 3150 00031500 $26.78 MANDY ANZALDI 04/20/2011 04/21/2011 TARGET 00011858 $26.75 MANDY ANZALDI 04/20/2011 04/21/2011 TARGET 00011858 $3.96 MANDY ANZALDI 04/21/2011 04/22/2011 WAL-MART $25.13 MANDY ANZALDI 04/12/2011 04/13/2011 TEES PLUS $941.10 LONN BAKKE 04/08/2011 04/11/2011 NUCO2 01 OF 01 $59.39 JIM BEHAN 04/08/2011 04/11/2011 NUCO2 01 OF 01 $96.94 JIM BEHAN 04/08/2011 04/11/2011 NUCO2 01 OF 01 $66.80 JIM BEHAN 04/08/2011 04/11/2011 NUCO2 01 OF 01 $65.34 JIM BEHAN 04/08/2011 04/11/2011 NUCO2 01 OF 01 $59.45 JIM BEHAN 04/08/2011 04/11/2011 NUCO2 01 OF 01 $89.98 JIM BEHAN 04/11/2011 04/14/2011 WALLY'S UPHOLS80110026 $173.55 JIM BEHAN 04/12/2011 04/13/2011 HENRIKSEN ACE HARDWARE ($34.08) JIM BEHAN 04/12/2011 04/13/2011 HENRIKSEN ACE HARDWARE $34.08 JIM BEHAN 04/12/2011 04/13/2011 HENRIKSEN ACE HARDWARE $31.61 JIM BEHAN 04/12/2011 04/13/2011 HENRIKSEN ACE HARDWARE $29.21 JIM BEHAN 04/12/2011 04/13/2011 AQUA LOGICS INC $60.31 JIM BEHAN 04/12/2011 04/13/2011 AQUA LOGICS INC $15.51 JIM BEHAN 04/12/2011 04/14/2011 PARK SUPPLY OF AMERICA IN $443.63 JIM BEHAN 04/15/2011 04/18/2011 THE TRANE COMPANY $228.00 JIM BEHAN 04/15/2011 04/18/2011 THE TRANE COMPANY $664.40 JIM BEHAN 04/19/2011 04/21/2011 MINVALCO INC $308.96 JIM BEHAN 04/20/2011 04/21/2011 HENRIKSEN ACE HARDWARE $30.68 JIM BEHAN 04/20/2011 04/21/2011 LIFE FITNESS $31.34 JIM BEHAN 04/20/2011 04/22/2011 VIKING AUTOMATIC SPRINKLE $472.00 JIM BEHAN 04/21/2011 04/22/2011 BDI*BEARING DISTRIBUTR $75.17 JIM BEHAN 04/08/2011 04/11/2011 MN RECREATION AND PARKA $38.00 OAKLEY BIESANZ 04/21/2011 04/22/2011 PETSMART INC 461 $31.03 OAKLEY BIESANZ 04/12/2011 04/13/2011 TWIN CITY HARDWARE HADLEY $11.68 RON BOURQUIN 04/08/2011 04/11/2011 THE HOME DEPOT 2801 $34.24 TROY BRINK 04/11/2011 04/12/2011 CHILI'S-MAPLEWOOD $119.41 SARAH BURLINGAME 04/15/2011 04/18/2011 FEDEX OFFICE #0617 $4.79 SARAH BURLINGAME 04/15/2011 04/15/2011 GLOCK PROFESSIONAL INC $150.00 DAN BUSACK 04/15/2011 04/15/2011 GLOCK PROFESSIONAL INC $150.00 DAN BUSACK 04/11/2011 04/13/2011 PIONEER PRESS ADVERTISING $1,250.00 HEIDI CAREY 04/13/2011 04/14/2011 LILLIE SUBURBAN NEWSPAPE $150.00 HEIDI CAREY 04/14/2011 04/15/2011 CITY PAGES $1,500.00 HEIDI CAREY 04/15/2011 04/15/2011 WEDDINGPAGES INC $128.00 HEIDI CAREY 04/21/2011 04/22/2011 GETTY IMAGES $1,299.00 HEIDI CAREY 04/12/2011 04/13/2011 VIKING ELEC-CREDIT DEPT. $779.12 SCOTT CHRISTENSON 04/12/2011 04/13/2011 TWIN CITY FILTER SERVICE $250.32 SCOTT CHRISTENSON 04/13/2011 04/15/2011 THE HOME DEPOT 2801 $15.99 SCOTT CHRISTENSON 04/08/2011 04/11/2011 RYCO SUPPLY COMPANY $63.20 CHARLES DEAVER 04/11/2011 04/12/2011 FRATTALLONES WOODBURY AC $7.81 CHARLES DEAVER 04/13/2011 04/14/2011 MENARDS 3022 $62.03 CHARLES DEAVER 04/14/2011 04/18/2011 THE HOME DEPOT 2810 $5.32 CHARLES DEAVER 04/16/2011 04/18/2011 MENARDS 3022 $33.12 CHARLES DEAVER SAFINANCEWPPROVAL OF CLAIMS\2011 WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 42 of 190 04/17/2011 04/18/2011 TARGET 00006940 $101.61 CHARLES DEAVER 04/17/2011 04/18/2011 MENARDS 3022 $77.00 CHARLES DEAVER 04/20/2011 04/22/2011 MENARDS 3022 $121.58 CHARLES DEAVER 04/15/2011 04/18/2011 HENRIKSEN ACE HARDWARE $2.13 THOMAS DEBILZAN 04/15/2011 04/18/2011 MENARDS 3059 $34.24 THOMAS DEBILZAN 04/12/2011 04/13/2011 MAP*MACNEIL AUTOMOTIVE $69.95 RICHARD DOBLAR 04/12/2011 04/14/2011 KEEPRS METRO LLC $429.41 RICHARD DOBLAR 04/08/2011 04/11/2011 OCE' USA, INCATASCA $226.43 JOHN DUCHARME 04/21/2011 04/22/2011 11 X 17, INC. $248.13 JOHN DUCHARME 04/08/2011 04/11/2011 WW GRAINGER $44.12 MICHAEL DUGAS 04/13/2011 04/14/2011 WW GRAINGER $12.75 MICHAEL DUGAS 04/18/2011 04/20/2011 GREEN MILL $15.77 MICHAEL DUGAS 04/18/2011 04/20/2011 GREEN MILL $21.51 MICHAEL DUGAS 04/19/2011 04/20/2011 GREEN MILL $10.33 MICHAEL DUGAS 04/19/2011 04/20/2011 GREEN MILL $17.93 MICHAEL DUGAS 04/11/2011 04/12/2011 BROCK WHITE ST PAUL 180 $157.52 DOUG EDGE 04/20/2011 04/21/2011 HENRIKSEN ACE HARDWARE $92.35 DAVE EDSON 04/21/2011 04/22/2011 RED WING SHOE STORE $131.74 ANDREW ENGSTROM 04/12/2011 04/15/2011 MOBILE VISION $267.19 LARRY FARR 04/13/2011 04/14/2011 TARGET 00024067 $8.56 LARRY FARR 04/13/2011 04/14/2011 MENARDS 3022 $165.84 LARRY FARR 04/14/2011 04/18/2011 THE HOME DEPOT 2801 $49.70 LARRY FARR 04/15/2011 04/18/2011 BATTERIES PLUS #31 $47.30 LARRY FARR 04/15/2011 04/18/2011 SETON NAME PLATE COMPANY $177.55 LARRY FARR 04/15/2011 04/18/2011 CINTAS #470 $79.64 LARRY FARR 04/16/2011 04/21/2011 NORTHERN TOOL EQUIP -MN $155.07 LARRY FARR 04/18/2011 04/20/2011 OFFICE MAX $27.40 LARRY FARR 04/19/2011 04/20/2011 CINTAS #470 $38.50 LARRY FARR 04/19/2011 04/20/2011 CINTAS #470 $40.21 LARRY FARR 04/21/2011 04/22/2011 MENARDS 3059 $86.70 LARRY FARR 04/21/2011 04/22/2011 MENARDS 3181 ST PAUL MIDW $174.26 LARRY FARR 04/19/2011 04/19/2011 INT'L CODE COUNCIL INC $79.63 DAVID FISHER 04/07/2011 04/11/2011 OFFICE DEPOT #1090 $89.72 KAREN FORMANEK 04/15/2011 04/18/2011 OFFICE DEPOT #1090 ($24.52) KAREN FORMANEK 04/15/2011 04/18/2011 OFFICE DEPOT #1090 $54.08 KAREN FORMANEK 04/06/2011 04/11/2011 THE PERCS INDEX $529.63 MYCHAL FOWLDS 04/08/2011 04/11/2011 CITY OF NORTH SAINT PAUL $0.01 MYCHAL FOWLDS 04/14/2011 04/14/2011 PAY FLOW PRO $115.55 MYCHAL FOWLDS 04/14/2011 04/15/2011 MOBILE VISION $2,709.00 MYCHAL FOWLDS 04/15/2011 04/18/2011 OFFICE MAX $13.16 MYCHAL FOWLDS 04/15/2011 04/18/2011 IDEACOM MID -AMERICA, INC. $159.00 MYCHAL FOWLDS 04/21/2011 04/21/2011 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 04/22/2011 04/22/2011 ACT*ACTIVE.COM-INVOICE $737.67 MYCHAL FOWLDS 04/11/2011 04/12/2011 IDU*PUBLIC SECTOR $21.15 NICK FRANZEN 04/12/2011 04/12/2011 HP DIRECT-PUBLICSECTOR $103.88 NICK FRANZEN 04/12/2011 04/13/2011 IDU*PUBLIC SECTOR $0.01 NICK FRANZEN 04/12/2011 04/13/2011 IDU*PUBLIC SECTOR $19.03 NICK FRANZEN 04/19/2011 04/19/2011 HP DIRECT-PUBLICSECTOR $103.14 NICK FRANZEN 04/21/2011 04/21/2011 HP DIRECT-PUBLICSECTOR $2,287.84 NICK FRANZEN 04/08/2011 04/11/2011 TARGET 00011858 $16.05 VIRGINIA GAYNOR 04/09/2011 04/11/2011 LITTLE CAESARS 1456 $23.57 CLARENCE GERVAIS 04/12/2011 04/14/2011 OFFICE DEPOT #1090 $26.11 JEAN GLASS 04/18/2011 04/19/2011 CENTURY BOOKSTORE $49.90 JEAN GLASS 04/19/2011 04/20/2011 SUPERAMERICA 04848 $1.99 JANET M GREW HAYMAN 04/14/2011 04/15/2011 VZWRLSS*APOCC VISN $97.10 KAREN E GUILFOILE 04/19/2011 04/21/2011 EULL'S MANUFACTURING COMP $880.65 MARK HAAG 04/08/2011 04/11/2011 RED WING SHOE STORE ($8.95) MILES HAMRE SAFINANCEWPPROVAL OF CLAIMS\2011 WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 43 of 190 04/08/2011 04/11/2011 RED WING SHOE STORE $174.21 MILES HAMRE 04/08/2011 04/11/2011 RED WING SHOE STORE $8.95 MILES HAMRE 04/20/2011 04/22/2011 THE HOME DEPOT 2801 $26.79 MILES HAMRE 04/15/2011 04/18/2011 STREICHERS INC $69.99 STEVEN HIEBERT 04/13/2011 04/15/2011 HEJNY RENTAL INC ($34.76) GARY HINNENKAMP 04/13/2011 04/15/2011 HEJNY RENTAL INC $289.67 GARY HINNENKAMP 04/20/2011 04/21/2011 HENRIKSEN ACE HARDWARE $17.92 GARY HINNENKAMP 04/09/2011 04/11/2011 RAINBOW FOODS 00088617 $32.13 RON HORWATH 04/12/2011 04/13/2011 AMERICAN RED CROSS TWIN C $184.95 RON HORWATH 04/12/2011 04/13/2011 INSTANTWHIP FOODS, INC $535.97 RON HORWATH 04/15/2011 04/18/2011 ARC*SERVICES/TRAINING $48.00 RON HORWATH 04/21/2011 04/22/2011 ARC*SERVICES/TRAINING $28.00 RON HORWATH 04/07/2011 04/11/2011 CRAVINGS MAPLE WOOD $93.85 ANN E HUTCHINSON 04/08/2011 04/11/2011 CUB FOODS -SUN RAY $112.02 ANN E HUTCHINSON 04/13/2011 04/15/2011 GTC UNITED WAY $120.00 MARY JACKSON 04/13/2011 04/14/2011 SPARTAN PROMOTIONAL GRP $314.79 KEVIN JOHNSON 04/19/2011 04/21/2011 MILLS FLEET FARM #2,700 $133.64 KEVIN JOHNSON 04/20/2011 04/22/2011 THE HOME DEPOT 2801 $4.05 DON JONES 04/07/2011 04/11/2011 HANDY HITCH WELDING CO IN $60.90 TOM KALKA 04/08/2011 04/11/2011 HISDAHLS INC $10.50 TOM KALKA 04/09/2011 04/11/2011 OPTICS PLANET INC $144.99 FLINT KARIS 04/11/2011 04/13/2011 KEEPRS METRO LLC $371.31 FLINT KARIS 04/12/2011 04/13/2011 BATTERIES PLUS #31 $38.31 NICHOLAS KREKELER 04/13/2011 04/14/2011 THE UPS STORE #2171 $10.69 NICHOLAS KREKELER 04/15/2011 04/18/2011 LILLIE SUBURBAN NEWSPAPE $618.77 LISA KROLL 04/07/2011 04/11/2011 UNIFORMS UNLIMITED INC $28.50 DAVID KVAM 04/07/2011 04/11/2011 ARBY'S #6271 00062711 $10.26 DAVID KVAM 04/07/2011 04/11/2011 GREEN MILL $8.33 DAVID KVAM 04/07/2011 04/11/2011 BEST WESTERN HOTELS - ST. $300.03 DAVID KVAM 04/08/2011 04/11/2011 STREICHERS INC $1,279.98 DAVID KVAM 04/11/2011 04/13/2011 KEEPRS INC $442.46 DAVID KVAM 04/13/2011 04/13/2011 COMCAST CABLE COMM $34.00 DAVID KVAM 04/20/2011 04/22/2011 UNIFORMS UNLIMITED INC $93.50 DAVID KVAM 04/07/2011 04/11/2011 AIRGAS NORTH CENTRAL $537.25 STEVE LUKIN 04/07/2011 04/11/2011 AIRGAS NORTH CENTRAL $568.72 STEVE LUKIN 04/08/2011 04/11/2011 DAVIS LOCK & SAFE $848.05 STEVE LUKIN 04/08/2011 04/11/2011 ADVANCED GRAPHIX INC $229.78 STEVE LUKIN 04/11/2011 04/13/2011 ASPEN MILLS INC. $109.95 STEVE LUKIN 04/12/2011 04/13/2011 METRO FIRE $168.67 STEVE LUKIN 04/12/2011 04/13/2011 EMERGENCY APPARATUS MAINT $3,345.21 STEVE LUKIN 04/12/2011 04/13/2011 EMERGENCY APPARATUS MAINT $2,666.06 STEVE LUKIN 04/12/2011 04/13/2011 BOUND TREE MEDICAL LLC $850.21 STEVE LUKIN 04/13/2011 04/14/2011 ANCOM COMMUNICATIONS INC $165.00 STEVE LUKIN 04/13/2011 04/14/2011 OVERHEAD DOOR COMP $529.85 STEVE LUKIN 04/13/2011 04/14/2011 HEALTHEAST TRANSPORTATN $1,033.56 STEVE LUKIN 04/15/2011 04/18/2011 ASPEN MILLS INC. $265.00 STEVE LUKIN 04/15/2011 04/18/2011 EMERGENCY APPARATUS MAINT $953.61 STEVE LUKIN 04/15/2011 04/19/2011 NORTHERN TOOL EQUIP -MN $1,580.92 STEVE LUKIN 04/16/2011 04/18/2011 BOUND TREE MEDICAL LLC $330.54 STEVE LUKIN 04/19/2011 04/20/2011 MENARDS 3059 $6.51 STEVE LUKIN 04/19/2011 04/21/2011 THE HOME DEPOT 2801 $7.64 STEVE LUKIN 04/19/2011 04/21/2011 NORTHERN TOOL EQUIP -MN $17.13 STEVE LUKIN 04/21/2011 04/22/2011 MENARDS 3059 $1.92 STEVE LUKIN 04/14/2011 04/18/2011 OFFICE MAX $18.72 MIKE MARTIN 04/12/2011 04/14/2011 TESSMAN COMPANY SAINT PAU $1,346.63 MARK MARUSKA 04/19/2011 04/20/2011 M/A ASSOCIATES $272.93 MARK MARUSKA 04/12/2011 04/13/2011 PAKOR INC $217.54 SHELLY NEPHEW SAFINANCEWPPROVAL OF CLAIMS\2011 WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 44 of 190 04/11/2011 04/13/2011 OFFICE DEPOT #1090 $266.71 AMY NIVEN 04/14/2011 04/18/2011 OFFICE DEPOT #1090 $82.15 AMY NIVEN 04/08/2011 04/11/2011 HENRIKSEN ACE HARDWARE $28.91 RICHARD NORDQUIST 04/08/2011 04/11/2011 BATTERIES PLUS #31 $44.52 MICHAEL NYE 04/15/2011 04/18/2011 EMP MEDIA 00 OF 00 $24.99 MICHAEL NYE 04/19/2011 04/20/2011 DON HUME LEATHER GOODS $69.70 MICHAEL NYE 04/20/2011 04/21/2011 AMAZON MKTPLACE PMTS $131.85 MICHAEL NYE 04/07/2011 04/11/2011 OFFICE DEPOT #1090 $37.95 MARY KAY PALANK 04/08/2011 04/11/2011 OFFICE DEPOT #1090 ($57.42) MARY KAY PALANK 04/08/2011 04/11/2011 OFFICE DEPOT #1090 $57.42 MARY KAY PALANK 04/08/2011 04/11/2011 OFFICE DEPOT #1090 $85.23 MARY KAY PALANK 04/19/2011 04/21/2011 OFFICE DEPOT #1090 $112.05 MARY KAY PALANK 04/07/2011 04/11/2011 MIDWAY PARTY RENTAL $157.86 CHRISTINE PENN 04/12/2011 04/14/2011 ORIENTAL TRADING CO $63.86 CHRISTINE PENN 04/13/2011 04/15/2011 ANDON BALLOONS INC - $32.06 CHRISTINE PENN 04/15/2011 04/18/2011 PARTY CITY #768 $121.80 CHRISTINE PENN 04/08/2011 04/11/2011 PAYPAL *DIRECTRON ($180.27) PHILIP F POWELL 04/08/2011 04/11/2011 TRI -TECH FORENSICS INC $390.50 PHILIP F POWELL 04/08/2011 04/11/2011 PAYPAL *DIRECTRON $180.27 PHILIP F POWELL 04/08/2011 04/11/2011 FITZCO INC $210.15 PHILIP F POWELL 04/08/2011 04/11/2011 FITZCO INC $101.53 PHILIP F POWELL 04/13/2011 04/14/2011 AMAZON MKTPLACE PMTS $188.00 PHILIP F POWELL 04/13/2011 04/18/2011 SIRCHIE FINGER PRINT LABO $53.28 PHILIP F POWELL 04/18/2011 04/19/2011 MEDTECH FOR $125.00 PHILIP F POWELL 04/22/2011 04/22/2011 ULINE *SHIP SUPPLIES $20.35 PHILIP F POWELL 04/07/2011 04/11/2011 ON SITE SANITATION INC $50.23 WILLIAM J PRIEFER 04/15/2011 04/18/2011 PIONEER PRESS SUBSCRIPTI $124.54 WILLIAM J PRIEFER 04/08/2011 04/11/2011 BOYER TRUCK PARTS ($128.55) STEVEN PRIEM 04/08/2011 04/11/2011 BOYER TRUCK PARTS $102.56 STEVEN PRIEM 04/11/2011 04/12/2011 AUTO PLUS NO ST PAUL $33.05 STEVEN PRIEM 04/11/2011 04/12/2011 AUTO PLUS NO ST PAUL $19.38 STEVEN PRIEM 04/11/2011 04/12/2011 PIONEER RIM & WHEEL HQ $205.84 STEVEN PRIEM 04/12/2011 04/14/2011 AUTO PLUS NO ST PAUL $5.36 STEVEN PRIEM 04/12/2011 04/14/2011 TRUCK UTILITIES $17.15 STEVEN PRIEM 04/12/2011 04/14/2011 GOODYEAR AUTO SRV CT 6920 $47.00 STEVEN PRIEM 04/13/2011 04/14/2011 AUTO PLUS NO ST PAUL $85.10 STEVEN PRIEM 04/13/2011 04/14/2011 BARNETT CHRYJEEPKIA $15.43 STEVEN PRIEM 04/13/2011 04/18/2011 COMO LUBE & SUPPLIES $133.59 STEVEN PRIEM 04/14/2011 04/15/2011 AUTO PLUS NO ST PAUL $41.63 STEVEN PRIEM 04/14/2011 04/15/2011 JOHN FRYE DISTRIBUTING $214.24 STEVEN PRIEM 04/14/2011 04/18/2011 KATH FUEL OFFICE $90.59 STEVEN PRIEM 04/15/2011 04/18/2011 AUTO PLUS NO ST PAUL ($41.63) STEVEN PRIEM 04/15/2011 04/18/2011 FACTORY MOTOR PARTS #19 $168.14 STEVEN PRIEM 04/15/2011 04/18/2011 AUTO PLUS NO ST PAUL $52.11 STEVEN PRIEM 04/15/2011 04/18/2011 AUTO PLUS NO ST PAUL $12.36 STEVEN PRIEM 04/15/2011 04/18/2011 BOYER TRUCK PARTS $195.45 STEVEN PRIEM 04/15/2011 04/18/2011 POLAR CHEVROLET MAZDA PAR $14.77 STEVEN PRIEM 04/18/2011 04/20/2011 TOUSLEY FORD 127228006 $398.09 STEVEN PRIEM 04/19/2011 04/20/2011 ZARNOTH BRUSH WORKS $957.60 STEVEN PRIEM 04/19/2011 04/20/2011 AUTO PLUS NO ST PAUL $60.92 STEVEN PRIEM 04/19/2011 04/20/2011 AUTO PLUS NO ST PAUL $55.82 STEVEN PRIEM 04/19/2011 04/20/2011 SOI*SNAP-ON INDUSTRIAL $49.65 STEVEN PRIEM 04/19/2011 04/21/2011 SUPERIOR GOLF CARS $172.31 STEVEN PRIEM 04/20/2011 04/21/2011 AUTO PLUS NO ST PAUL $87.78 STEVEN PRIEM 04/20/2011 04/21/2011 BAUER BUILT TIRE 18 $102.56 STEVEN PRIEM 04/20/2011 04/22/2011 TOUSLEY FORD 127228006 $27.52 STEVEN PRIEM 04/21/2011 04/22/2011 AUTO PLUS NO ST PAUL $47.28 STEVEN PRIEM SAFINANCEWPPROVAL OF CLAIMS\2011 WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 45 of 190 04/21/2011 04/22/2011 HENRIKSEN ACE HARDWARE $6.74 STEVEN PRIEM 04/21/2011 04/22/2011 EMERGENCY AUTOMOTIVE $86.25 STEVEN PRIEM 04/14/2011 04/15/2011 MN OCCUPATIONAL HEALTH $238.00 TERRIE RAMEAUX 04/08/2011 04/11/2011 HILLYARD INC MINNEAPOLIS $755.41 MICHAEL REILLY 04/20/2011 04/21/2011 HILLYARD INC MINNEAPOLIS $755.41 MICHAEL REILLY 04/12/2011 04/14/2011 VERIZON WRLS M3099-01 $214.21 BRADLEY REZNY 04/18/2011 04/20/2011 UNIFORMS UNLIMITED INC $30.02 BRADLEY REZNY 04/10/2011 04/11/2011 TARGET 00006197 $97.30 AUDRA ROBBINS 04/10/2011 04/11/2011 CUB FOODS ARDEN HIL $66.84 AUDRA ROBBINS 04/11/2011 04/13/2011 ORIENTAL TRADING CO $127.61 AUDRA ROBBINS 04/12/2011 04/13/2011 MN RECREATION AND PARKA $160.00 AUDRA ROBBINS 04/12/2011 04/14/2011 OLD NAVY ON-LINE $136.00 AUDRA ROBBINS 04/15/2011 04/18/2011 TARGET 00006197 $31.40 AUDRA ROBBINS 04/16/2011 04/18/2011 CUB FOODS, INC. $34.10 AUDRA ROBBINS 04/16/2011 04/18/2011 CUB FOODS, INC. $17.66 AUDRA ROBBINS 04/19/2011 04/20/2011 MN RECREATION AND PARKA $100.00 AUDRA ROBBINS 04/19/2011 04/21/2011 PARTYCELEBRATION.COM $39.16 AUDRA ROBBINS 04/14/2011 04/15/2011 WW GRAINGER $116.98 ROBERT RUNNING 04/14/2011 04/18/2011 THE HOME DEPOT 2801 $114.45 ROBERT RUNNING 04/08/2011 04/11/2011 STAPLS9215036013000 $396.35 DEB SCHMIDT 04/15/2011 04/18/2011 DELTA AIR 0062348704202 $481.90 DEB SCHMIDT 04/20/2011 04/21/2011 STAPLS9215036013001 ($396.35) DEB SCHMIDT 04/20/2011 04/21/2011 IIMC ($420.00) DEB SCHMIDT 04/14/2011 04/15/2011 HENRIKSEN ACE HARDWARE $12.79 SCOTT SCHULTZ 04/20/2011 04/21/2011 NEENAH FOUNDRY YARDS $1,923.75 SCOTT SCHULTZ 04/20/2011 04/21/2011 NEENAH FOUNDRY YARDS $833.63 SCOTT SCHULTZ 04/20/2011 04/21/2011 ZIEGLER RENTAL SVCS COLUM $1,389.38 SCOTT SCHULTZ 04/14/2011 04/15/2011 BATTERIES PLUS #31 $34.82 MICHAEL SHORTREED 04/14/2011 04/18/2011 IACIS $750.00 MICHAEL SHORTREED 04/18/2011 04/19/2011 INTOXIMETERS $112.22 MICHAEL SHORTREED 04/07/2011 04/11/2011 OSAKA SUSHI AND HIBACH $30.00 ANDREA SINDT 04/07/2011 04/11/2011 THE OLIVE GARD00012005 $30.00 ANDREA SINDT 04/08/2011 04/11/2011 METRO SALES INC $328.00 ANDREA SINDT 04/08/2011 04/11/2011 OFFICE DEPOT #1090 $162.40 ANDREA SINDT 04/10/2011 04/12/2011 GRAND VIEW LODGE & TENNIS $73.74 JOANNE M SVENDSEN 04/15/2011 04/15/2011 GLOCK PROFESSIONAL INC $150.00 JOANNE M SVENDSEN 04/15/2011 04/18/2011 REDBOX *DVD RENTAL $1.07 WILLIAM SYPNIEWSKI 04/11/2011 04/12/2011 UNITED RENTALS $211.97 TODD TEVLIN 04/07/2011 04/11/2011 BEST WESTERN HOTELS - ST. $400.04 DAVID J THOMALLA 04/14/2011 04/18/2011 APPLEBEES 821319219187 $46.43 JOE TRAN 04/15/2011 04/18/2011 S & T OFFICE PRODUCTS $144.80 KAREN WACHAL 03/31/2011 04/11/2011 COASTALCONTACTS $16.76 SUSAN ZWIEG 04/11/2011 04/13/2011 MINUTEMAN PRESS $141.01 SUSAN ZWIEG 04/19/2011 04/21/2011 MAGNATAG VISIBLE SYSTEMS $48.59 SUSAN ZWIEG 04/19/2011 04/21/2011 THE STAR TRIBUNE CIRCULAT $16.25 SUSAN ZWIEG 04/20/2011 04/22/2011 OFFICE MAX $41.77 SUSAN ZWIEG TOTAL $59,594.43 SAFINANCEWPPROVAL OF CLAIMS\2011 WprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 46 of 190 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 04/29/11 JUENEMANN, KATHLEEN 416.42 04/29/11 KOPPEN, MARVIN 416.42 04/29/11 LLANAS, JAMES 416.42 04/29/11 NEPHEW, JOHN 416.42 04/29/11 ROSSBACH, WILLIAM 473.15 04/29/11 AHL, R. CHARLES 4,958.72 04/29/11 ANTONEN, JAMES 5,300.00 04/29/11 BURLINGAME, SARAH 1,954.40 04/29/11 KANTRUD, HUGH 184.62 04/29/11 CHRISTENSON, SCOTT 1,962.49 04/29/11 FARR, LARRY 2,885.65 04/29/11 JAHN, DAVID 2,041.73 04/29/11 HENNING, KARISSA 92.30 04/29/11 RAMEAUX, THERESE 3,141.01 04/29/11 BAUMAN, GAYLE 3,860.96 04/29/11 FORMANEK, KAREN 1,612.69 04/29/11 ANDERSON, CAROLE 1,462.44 04/29/11 DEBILZAN, JUDY 1,234.18 04/29/11 JACKSON, MARY 3,295.73 04/29/11 KELSEY, CONNIE 2,569.23 04/29/11 RUEB, JOSEPH 2,493.80 04/29/11 CAREY, HEIDI 2,005.19 04/29/11 GUILFOILE, KAREN 4,176.43 04/29/11 KROLL, LISA 1,627.96 04/29/11 NEPHEW, MICHELLE 1,630.15 04/29/11 SCHMIDT, DEBORAH 2,589.83 04/29/11 SPANGLER, EDNA 733.29 04/29/11 CORTESI, LUANNE 1,208.06 04/29/11 LARSON, MICHELLE 1,758.15 04/29/11 MECHELKE, SHERRIE 1,107.69 04/29/11 MOY, PAMELA 1,107.70 04/29/11 OSTER- ANDREA 1,886.78 04/29/11 RICHTER, CHARLENE 844.87 04/29/11 SCHOENECKER, LEIGH 1,307.27 04/29/11 WEAVER, KRISTINE 2,288.55 04/29/11 CORCORAN, THERESA 1,890.15 04/29/11 KVAM, DAVID 4,188.29 04/29/11 PALANK, MARY 1,886.77 04/29/11 POWELL, PHILIP 2,903.66 04/29/11 SVENDSEN, JOANNE 2,081.79 04/29/11 THOMALLA, DAVID 4,936.26 04/29/11 YOUNG, TAMELA 1,890.16 04/29/11 ABEL, CLINT 3,001.43 04/29/11 ALDRIDGE, MARK 3,158.83 04/29/11 BAKKE, LONN 2,901.07 04/29/11 BARTZ, PAUL 3,831.08 04/29/11 BELDE, STANLEY 2,954.18 04/29/11 BENJAMIN, MARKESE 2,860.99 04/29/11 BIERDEMAN, BRIAN 3,236.24 04/29/11 BOHL, JOHN 3,170.17 04/29/11 BUSACK, DANIEL 3,680.61 04/29/11 COFFEY, KEVIN 3,157.58 04/29/11 CROTTY, KERRY 3,575.20 S:\FINANCE APPROVAL OF CLAIMS\2011\AprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 47 of 190 04/29/11 DEMULLING, JOSEPH 2,786.69 04/29/11 DOBLAR, RICHARD 3,737.66 04/29/11 DUGAS, MICHAEL 4,216.90 04/29/11 ERICKSON, VIRGINIA 3,141.42 04/29/11 FLOR, TIMOTHY 3,574.41 04/29/11 FORSYTHE, MARCUS 1,938.63 04/29/11 FRASER, JOHN 3,223.99 04/29/11 FRITZE, DEREK 2,687.63 04/29/11 GABRIEL, ANTHONY 3,247.24 04/29/11 HAWKINSON JR, TIMOTHY 2,761.93 04/29/11 HER, PHENG 2,423.48 04/29/11 HIEBERT, STEVEN 3,772.06 04/29/11 JOHNSON, KEVIN 4,032.19 04/29/11 KALKA, THOMAS 896.28 04/29/11 KARIS, FLINT 3,697.70 04/29/11 KONG, TOMMY 3,000.26 04/29/11 KREKELER, NICHOLAS 698.48 04/29/11 KROLL, BRETT 2,921.60 04/29/11 LANGNER, SCOTT 3,293.35 04/29/11 LANGNER, TODD 2,785.00 04/29/11 LU, JOHNNIE 3,065.99 04/29/11 LYNCH, KATHERINE 2,103.17 04/29/11 MARINO, JASON 3,288.68 04/29/11 MARTIN, JERROLD 3,001.43 04/29/11 MCCARTY, GLEN 3,158.06 04/29/11 METRY, ALESIA 3,000.26 04/29/11 NYE, MICHAEL 3,157.89 04/29/11 OLSON, JULIE 2,842.94 04/29/11 PARKER, JAMES 1,964.51 04/29/11 REZNY, BRADLEY 2,955.52 04/29/11 RHUDE, MATTHEW 2,964.76 04/29/11 SHORTREED, MICHAEL 4,060.51 04/29/11 STEINER- JOSEPH 2,939.08 04/29/11 SYPNIEWSKI, WILLIAM 2,785.00 04/29/11 SZCZEPANSKI, THOMAS 2,954.18 04/29/11 TAUZELL, BRIAN 2,546.22 04/29/11 THEISEN, PAUL 3,278.48 04/29/11 THIENES, PAUL 3,511.99 04/29/11 TRAN, JOSEPH 2,955.28 04/29/11 WENZEL, JAY 3,026.48 04/29/11 XIONG, KAO 2,842.94 04/29/11 ACOSTA, MARK 303.00 04/29/11 ARKSEY, CHARLES 312.00 04/29/11 BAHL, DAVID 189.00 04/29/11 BASSETT, BRENT 627.00 04/29/11 BAUMAN, ANDREW 2,642.69 04/29/11 BOURQUIN, RON 928.00 04/29/11 BRADBURY, RYAN 207.00 04/29/11 BRESIN, ROBERT 141.00 04/29/11 CAPISTRANT, JACOB 621.00 04/29/11 CAPISTRANT, JOHN 474.00 04/29/11 CRAWFORD, RAYMOND 576.00 04/29/11 DAWSON, RICHARD 2,864.32 04/29/11 DIERICH, REBECCA 165.00 04/29/11 EVERSON, PAUL 3,982.63 04/29/11 FASULO, WALTER 375.00 04/29/11 FOSSUM, ANDREW 2,575.55 04/29/11 HALWEG, JODI 2,795.22 04/29/11 HEFFERNAN, PATRICK 157.50 04/29/11 HENDRICKSON, NICHOLAS 2,236.38 04/29/11 HUTCHINSON, JAMES 416.50 04/29/11 JOHNSON, JAMES 260.00 04/29/11 KANE, ROBERT 476.00 04/29/11 KARRAS, JAMIE 390.00 S:\FINANCE APPROVAL OF CLAIMS\2011\AprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 48 of 190 04/29/11 KERSKA, JOSEPH 510.00 04/29/11 KONDER, RONALD 501.00 04/29/11 KUBAT, ERIC 2,189.88 04/29/11 LINDER, TIMOTHY 2,670.86 04/29/11 LOCHEN, MICHAEL 476.00 04/29/11 MELLEN, CHRISTOPHER 231.00 04/29/11 MILLER, NICHOLAS 363.00 04/29/11 MONSON, PETER 264.00 04/29/11 MORGAN, JEFFERY 455.00 04/29/11 NIELSEN, KENNETH 264.00 04/29/11 NOVAK, JEROME 2,976.61 04/29/11 NOWICKI, PAUL 273.00 04/29/11 OLSON, JAMES 2,642.69 04/29/11 OPHEIM, JOHN 612.50 04/29/11 PACHECO, ALPHONSE 314.00 04/29/11 PETERSON, MARK 773.50 04/29/11 PETERSON, ROBERT 3,295.36 04/29/11 PLACE, ANDREA 2,553.32 04/29/11 POWERS, KENNETH 504.00 04/29/11 RAINEY, JAMES 594.00 04/29/11 RAVENWALD, CORINNE 186.00 04/29/11 RICE, CHRISTOPHER 606.00 04/29/11 RODRIGUEZ, ROBERTO 357.00 04/29/11 SCHULTZ, JEROME 96.00 04/29/11 SEDLACEK, JEFFREY 2,648.38 04/29/11 STREFF, MICHAEL 3,448.37 04/29/11 SVENDSEN, RONALD 3,844.39 04/29/11 WHELEHAN, ROBERT 24.00 04/29/11 WHITE, JOEL 441.00 04/29/11 GERVAIS-JR, CLARENCE 3,733.19 04/29/11 LUKIN, STEVEN 4,475.33 04/29/11 ZWIEG, SUSAN 2,234.16 04/29/11 KNUTSON, LOIS 2,142.83 04/29/11 NIVEN, AMY 1,411.62 04/29/11 PRIEFER, WILLIAM 2,713.17 04/29/11 BRINK, TROY 2,288.55 04/29/11 BUCKLEY, BRENT 1,986.95 04/29/11 DEBILZAN, THOMAS 2,125.35 04/29/11 EDGE, DOUGLAS 2,931.22 04/29/11 HAMRE, MILES 1,161.00 04/29/11 JONES, DONALD 2,185.35 04/29/11 MEISSNER, BRENT 1,840.55 04/29/11 NAGEL, BRYAN 3,408.40 04/29/11 OSWALD, ERICK 2,552.33 04/29/11 RUNNING, ROBERT 2,376.25 04/29/11 TEVLIN, TODD 2,164.35 04/29/11 BURLINGAME, NATHAN 1,948.02 04/29/11 DUCHARME, JOHN 2,713.97 04/29/11 ENGSTROM, ANDREW 2,459.76 04/29/11 JACOBSON, SCOTT 2,413.61 04/29/11 JAROSCH, JONATHAN 2,788.55 04/29/11 KREGER, JASON 2,082.24 04/29/11 KUMMER, STEVEN 3,123.76 04/29/11 LINDBLOM, RANDAL 2,713.97 04/29/11 LOVE, STEVEN 3,281.25 04/29/11 THOMPSON, MICHAEL 4,115.94 04/29/11 ZIEMAN, SCOTT 241.40 04/29/11 EDSON, DAVID 2,171.67 04/29/11 HINNENKAMP, GARY 2,127.66 04/29/11 MARUSKA, MARK 3,183.11 04/29/11 NAUGHTON, JOHN 2,125.35 04/29/11 NORDQUIST, RICHARD 2,127.66 04/29/11 SCHINDELDECKER, JAMES 2,129.97 04/29/11 BIESANZ, OAKLEY 1,520.05 S:\FINANCE APPROVAL OF CLAIMS\2011\AprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 49 of 190 04/29/11 DEAVER, CHARLES 569.02 04/29/11 GERNES, CAROLE 716.63 04/29/11 HAYMAN, JANET 1,127.96 04/29/11 HUTCHINSON, ANN 2,622.79 04/29/11 SOUTTER, CHRISTINE 515.83 04/29/11 WACHAL, KAREN 896.26 04/29/11 GAYNOR- VIRGINIA 3,211.95 04/29/11 KONEWKO, DUWAYNE 4,390.46 04/29/11 OLSON, ERICA 1,181.75 04/29/11 SINDT, ANDREA 2,013.80 04/29/11 THOMPSON, DEBRA 752.86 04/29/11 EKSTRAND, THOMAS 3,800.52 04/29/11 FINWALL, SHANN 3,202.15 04/29/11 MARTIN, MICHAEL 2,606.15 04/29/11 BRASH, JASON 2,259.75 04/29/11 CARVER, NICHOLAS 3,211.95 04/29/11 FISHER, DAVID 3,778.99 04/29/11 SWAN, DAVID 2,738.95 04/29/11 WELLENS, MOLLY 1,611.70 04/29/11 ALLEN, KATELYN 542.51 04/29/11 BERGER, STEPHANIE 118.75 04/29/11 WORK, BRANDON 434.50 04/29/11 JANASZAK, MEGHAN 629.06 04/29/11 KOHLMAN, JENNIFER 218.50 04/29/11 ROBBINS, AUDRA 2,847.74 04/29/11 ROBBINS, CAMDEN 137.56 04/29/11 SCHALLER, SCOTT 396.31 04/29/11 SCHALLER, TYLER 87.00 04/29/11 TAYLOR, JAMES 2,466.23 04/29/11 THOMFORDE, FAITH 1,533.00 04/29/11 ADAMS, DAVID 1,522.36 04/29/11 GERMAIN, DAVID 2,134.60 04/29/11 HAAG, MARK 2,548.45 04/29/11 KLOOZ, AUSTIN 851.00 04/29/11 SCHULTZ, SCOTT 2,914.49 04/29/11 ANZALDI, MANDY 1,330.23 04/29/11 BRENEMAN, NEIL 1,527.70 04/29/11 CRAWFORD - JR, RAYMOND 776.95 04/29/11 EVANS, CHRISTINE 1,328.82 04/29/11 GLASS, JEAN 2,103.67 04/29/11 HANSEN, LORI 3,057.86 04/29/11 HER, PETER 455.63 04/29/11 HOFMEISTER, MARY 1,051.64 04/29/11 HOFMEISTER, TIMOTHY 478.88 04/29/11 KLUCAS, PETER 80.00 04/29/11 KULHANEK-DIONNE, ANN 470.63 04/29/11 OLSON, SANDRA 56.00 04/29/11 PELOQUIN, PENNYE 611.63 04/29/11 PENN, CHRISTINE 2,199.26 04/29/11 SHERRILL, CAITLIN 600.37 04/29/11 STARK, SUE 224.31 04/29/11 VANG, KAY 251.76 04/29/11 VUE, LOR PAO 204.00 04/29/11 ZIELINSKI, JUDY 40.43 04/29/11 ANDERSON, JUSTIN 216.55 04/29/11 ANDERSON, MAXWELL 285.70 04/29/11 BAUDE, SARAH 73.00 04/29/11 BEITLER, JULIE 72.00 04/29/11 BRENEMAN, SEAN 128.05 04/29/11 BRUSOE, CRISTINA 90.40 04/29/11 BUCKLEY, BRITTANY 161.30 04/29/11 BUTLER, ANGELA 34.00 04/29/11 CAMPBELL, JESSICA 1,546.86 04/29/11 CLARK, PAMELA 96.50 S:\FINANCE APPROVAL OF CLAIMS\2011\AprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 50 of 190 04/29/11 CRANDALL, KRISTA 122.93 04/29/11 DEMPSEY, BETH 171.50 04/29/11 DUNN, RYAN 1,041.69 04/29/11 EKSTRAND, DANIEL 197.78 04/29/11 ERICKSON-CLARK, CAROL 49.00 04/29/11 FONTAINE, KIM 363.00 04/29/11 GIPPLE, TRISHA 84.50 04/29/11 GRAY, MEGAN 72.14 04/29/11 GRUENHAGEN, LINDA 461.40 04/29/11 HAGSTROM, EMILY 80.40 04/29/11 HEINRICH, SHEILA 455.00 04/29/11 HOLMBERG, LADONNA 679.00 04/29/11 HORWATH, RONALD 2,589.01 04/29/11 JOHNSON, BARBARA 206.85 04/29/11 JOYER, ANTHONY 74.00 04/29/11 KOHLER- ROCHELLE 72.00 04/29/11 KOLLER, NINA 156.33 04/29/11 KRONHOLM, KATHRYN 836.88 04/29/11 LAMSON, ELIANA 72.00 04/29/11 MCCANN, NATALIE 76.00 04/29/11 MCCORMACK, MELISSA 44.10 04/29/11 METCALF, JOLENE 84.50 04/29/11 NADEAU, KELLY 112.20 04/29/11 PEHOSKI, JOEL 104.00 04/29/11 PROESCH, ANDY 683.54 04/29/11 RENFORD, NICHOLAS 72.50 04/29/11 RICHTER, DANIEL 75.60 04/29/11 RONNING, ISAIAH 66.95 04/29/11 RONNING, ZACCEUS 36.50 04/29/11 SCHREIER- ROSEMARIE 80.00 04/29/11 SCHREINER, MARK 62.40 04/29/11 SCHREINER, MICHELLE 213.80 04/29/11 SCHUNEMAN, GREGORY 38.63 04/29/11 SJERVEN, BRENDA 126.00 04/29/11 SMITH, ANN 113.50 04/29/11 SMITLEY, SHARON 155.40 04/29/11 TAYLOR, JASON 32.00 04/29/11 TREPANIER, TODD 582.00 04/29/11 TRUE, ANDREW 85.85 04/29/11 TUPY, HEIDE 114.50 04/29/11 TUPY, MARCUS 237.50 04/29/11 WARNER, CAROLYN 369.60 04/29/11 WEDES, CARYL 98.00 04/29/11 WEEVER, NAOMI 97.88 04/29/11 WOLFGRAM, TERESA 107.50 04/29/11 BOSLEY, CAROL 259.30 04/29/11 DANIEL, BREANNA 242.00 04/29/11 GIERNET, ASHLEY 18.00 04/29/11 HITE, ANDREA 114.75 04/29/11 LANGER, KAYLYN 64.13 04/29/11 ZAGER, LINNEA 425.75 04/29/11 BEHAN, JAMES 2,175.16 04/29/11 COLEMAN, PATRICK 382.50 04/29/11 DOUGLASS, TOM 1,320.90 04/29/11 FULFORD, ZAHKIYA 195.75 04/29/11 JOHNSON, JUSTIN 217.50 04/29/11 LONETTI, JAMES 480.00 04/29/11 MALONEY, SHAUNA 225.00 04/29/11 PRINS, KELLY 1,306.50 04/29/11 REILLY, MICHAEL 1,915.75 04/29/11 SCHULZE, KEVIN 516.00 04/29/11 THOMPSON, BENJAMIN 346.75 04/29/11 VALERIO, TARA 120.00 04/29/11 VANG, PETER 159.50 S:\FINANCE APPROVAL OF CLAIMS\2011\AprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 51 of 190 S:\FINANCE APPROVAL OF CLAIMS\2011\AprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 52 of 190 04/29/11 XIONG, NAO 233.81 04/29/11 AICHELE, CRAIG 2,204.87 04/29/11 PRIEM, STEVEN 2,390.15 04/29/11 WOEHRLE, MATTHEW 2,187.59 04/29/11 BERGO, CHAD 2,651.63 04/29/11 FOWLDS, MYCHAL 3,469.86 04/29/11 FRANZEN, NICHOLAS 2,589.26 9984078 04/29/11 HALE, JOSEPH 364.00 9984079 04/29/11 HERLUND, RICK 336.00 9984080 04/29/11 MELLEN, RICHARD 390.00 9984081 04/29/11 WYSE, ROBERT 366.00 9984082 04/29/11 BETHEL III, CHARLES 95.63 9984083 04/29/11 MUELLNER, CHADD 90.00 9984084 04/29/11 VUKICH, CANDACE 126.88 9984085 04/29/11 ANDERSON, ALYSSA 19.38 9984086 04/29/11 FLUEGEL, LARISSA 135.13 9984087 04/29/11 MCLAURIN, CHRISTOPHER 313.60 9984088 04/29/11 MCMAHON, MICHAEL 36.75 9984089 04/29/11 NORTHOUSE, KATHERINE 58.13 9984090 04/29/11 ROSTRON, ROBERT 459.00 9984091 04/29/11 WEINHAGEN, SHELBY 149.60 9984092 04/29/11 STEFFEN, MICHAEL 87.00 TOTAL 505,874.65 S:\FINANCE APPROVAL OF CLAIMS\2011\AprClms 4-25-11 and 5-02-11.xlsx Packet Page Number 52 of 190 Agenda Item G2 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: April 25, 2011 SUBJECT: The Dog House Bar & Grill Temporary Gambling Permit Resolution Introduction An application has been submitted for temporary gambling by Thomas Eytcheson on behalf of the The Dog House Bar & Grill, 2029 Woodlynn Ave. This event is their 1st Annual Chili Cook Off for Charity. The event will be held on May 21, 2011 from 9:00a.m to 6:00 p.m. They will raise funds for The Minnesota Fallen Firefighters Memorial Association and Regions Hospital Burn Center. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling on May 21, 2011 is approved for The Dog House Bar & Grill, 2029 Woodlynn Ave, Maplewood. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that the City Council approve the above resolution for a temporary gambling for The Dog House Bar & Grill. Packet Page Number 53 of 190 Agenda Item G3 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Approval of Budget Adjustments for the Assistance to Firefighter's Grant. DATE: April 26, 2011 INTRODUCTION At the April 25, 2011 council meeting, you approved to accept the Assistance to Firefighter's Grant but I neglected to request your approval for finance to make the necessary budget adjustments in order to accept the AF Grant. RECOMMENDATION I recommend that the city council approve the finance department to make the necessary budget adjustments in regards to the AF Grant. Packet Page Number 54 of 190 Agenda Item G4 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager SUBJECT: Conditional Use Permit Review PROJECT: Xcel Energy Tanners Lake Electrical Substation Expansion LOCATION: 2500 Conway Avenue (3M Center) DATE: May 2, 2011 INTRODUCTION The conditional use permit (CUP) for Xcel Energy's Tanners Lake Electrical Substation located at 2500 Conway Avenue at 3M Center. The CUP allowed Xcel Energy to operate and expand the electrical substation. The CUP allowed Xcel to build a 16 -foot by 107 -foot expansion, which included moving a chain link fence 14 feet to the west and adding a 13.8kV electrical feeder. BACKGROUND May 11, 2009: The city council approved a conditional use permit for Xcel Energy for a public utility facility. May 10, 2010: The city council reviewed this permit and agreed to review it again in one year. DISCUSSION City code requires the city council to review CUPs annually to check on project status. Construction of the substation expansion is complete. No additional landscaping or lighting was required with this CUP approval because the site was already established and shielded from surrounding neighbors adjacent to Conway Avenue. A condition of approval required Xcel to secure an easement from 3M in order to proceed with this expansion. The easement was granted and staff was given a copy of the agreement for the city's files. The added 13.8kV electrical feeder has been installed and associated work is complete. As part of this CUP approval, Xcel had stated on its plans that the site was to be prepared for an additional electrical feeder to be installed at a later date. This additional electrical feeder was installed in 2010 and Chris Rogers of Xcel Energy indicated to staff all work is complete and no additional building is planned. Since all the work is now complete and no landscaping was required, staff is recommending reviewing this permit again only is a major change is proposed or a problem arises. RECOMMENDATION Review the conditional use permit for Xcel Energy's electrical substation and related electrical system operations again only if a major change is proposed or a problem arises. p:sec 36/Xcel Substation at 3MCUP_Review_050911 Attachments: 1. Location Map 2. Certificate of Survey of Proposed Substation Expansion Area 3. Ariel Photo Showing Proposed Expansion Area 4. Letter from Xcel Energy dated March 23, 2009 5. City council minutes, May 11, 2009 Packet Page Number 55 of 190 Att [� ti U EXISTING TANNERS LAKE SUBSTATION U5 J INNOVATION BLVD INNOVATION BLVD INNOVATION BLVD INNOVATION BLVD INNOVATION BLVD 2 INNOVATION BLVD O7��INNOVATION BLVD P O J a�O �QCVa INNOVATION BLVD 3M CENTER LOCATION MAP INNOVATION BLVb lNNOVATION $LVb "*A �9TNs� F- s Packet Page Number 56 of 190 Attachment 3 Packet Page Number 58 of 190 Xcel Energy March 23, 2009 Mr. Tom Ekstrand Planner - City of Maplewood 1830 County Road B East Maplewood, MN 55109 Attachment 4 414 Nicollet Mail Minneapolis, Minnesota 55401-1993 MAR 2 6 2009 Re: Tanner's Lake Substation Expansion - Conditional Use Permit Application Dear Mr. Ekstrand, Due to an increase in electrical demand in the Maplewood - Oakdale area, Xcel Energy proposes to upgrade its Tanners Lake Substation located at 2500 Conway Avenue East, Maplewood, MN 55119. Xcel Energy's Distribution planning studies have forecasted that some of the existing distribution feeders at both the Tanners Lake and Oakdale Substations will be overloaded by 110% in 2009. Installation of an additional 13.8kV feeder at Tanners Lake Substation is required primarily to relieve the risk of overloading on existing feeders and potential customer outages. This upgrade will provide increased reliability and will also add system capacity to meet the load growth demand for the area. The scope of the new 13.8kV feeder installation includes minor grading on the west side of the existing substation yard and the installation of one drilled pier foundation and one new steel bay. Xcel Energy will also prepare the Tanners Lake Substation site for the future installation of a second feeder directly adjacent to the proposed 13.8kV new feeder. Preparation for the future feeder will involve only grading work at this time. We expect to have all'substation work complete and in service by November 1, 2009. Enclosed with this letter, please find a completed Conditional Use Permit Application along with project details for your review. The existing substation has been in service since the early 1960's and is situated on a .87 -acre parcel owned in fee by Xcel Energy. All proposed substation upgrade components will be located within existing Xcel Energy property. However, in order to maintain standard clearances to energized equipment, Xcel Energy will be acquiring a 107' x 16' easement strip from 3M directly west of the substation. This 16 foot wide strip will allow for the existing substation fence to be relocated approximately 14 feet west from its current location, giving adequate electrical clearance between the new energized equipment and the relocated fence. Therefore, the relocated substation fence and counterpoise would be located in the newly acquired easement strip from 3M. Minor grading work will be necessary in this area to relocate the existing fence and match the existing grade of the substation site. Please refer to the enclosed location plan for specific location details. Xcel Energy has provided 3M with copies of the Conditional Use Application and we expect to complete the easement acquisition by April 15, 2009. Packet Page Number 59 of 190 �& XcelEnergy@ Tom Ekstrand March 9, 2009 Page two 414 Nicollet Mail Minneapolis, Minnesota 55401-1993 A landscaping plan is not being submitted with this application due to the fact that the site does not provide any suitable area for tree plantings. The substation parcel is surrounded by 3M property that includes a parking lot to the east and buildings to the south and west. The area north of the substation has Xcel Energy's 11 5k overhead high voltage transmission lines, and therefore tree planting must be avoided per Xcel Energy's safety standards. The substation is currently enclosed by a chain link fence with privacy slats and serves as adequate screening to adjacent properties. The expanded portion of the substation will also be surrounded by the same fence type, and Will provide the screening to the west. We are not submitting a photometric plan because all lighting for the facilities would be used only in emergency situations, not on a nightly basis. The substation use is consistent with, and supportive of, the goals and policies of the comprehensive plan, the Maplewood Zoning Ordinance and of the M-2 zoning District that this facility is located. The substation is an essential service facility required to provide electricity in order to promote and maintain the health, safety, and general welfare of the community. The existing and proposed use of property does not have undue adverse impacts on the use and enjoyment of properties in close proximity, or on government facilities, services, or improvements. Xcel Energy makes this application in compliance with the City's statutory zoning authority that allows for review of this facility. This review is to ensure that this proposal will meet the applicable city zoning requirements. However, by this application Xcel Energy does not waive, or subordinate, its right to develop and construct the proposed substation project in order to meet its obligation to provide electrical service pursuant to its utility authority. Please review our application for Conditional Use Permit and all attachments. If you have questions, or need more information, please contact me. We look forward to working with the City of Maplewood on this substation upgrade. Sincerely, 0 Chr Rogers Siting and Land Rights Agent Christopher.c.rogers@xcelenergy.com 612-330-6078, office 612-202-0343, cell enclosures Packet Page Number 60 of 190 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, May 11, 2009 Council Chambers, City Hall Meeting No. 10-09 L. NEW BUSINESS Attachment 5 7. Conditional Use Permit, Xcel Energy Tanners Lake Electrical Substation Expansion, 2500 Conway Avenue a. Planner, Michael Martin gave the report. i. Chris Rogers, Xcel Energy Minneapolis addressed and answered questions of the council. Mr. Rogers said a correction is that it should say feeder bay instead of transformer in the resolution. Councilmember Hielle moved to adopt the resolution approvina a conditional use permit for Xcel Energy to expand the Tanners Lake Substation located at 2500 Conway Avenue. The citv bases this approval on the findinas reauired by the ordinance. This approval is subject to the following conditions: CONDITIONAL USE PERMIT RESOLUTION 09-05-175 WHEREAS, Mr. Chris Rogers, representing Xcel Energy, applied for a conditional use permit for the expansion of the Tanners Lake Substation at 3M Center. WHEREAS, this permit applies to the property located at 2500 Conway Avenue. The legal description is: The West 50 feet of East 411.74 feet of South 86 feet of North 221.49 feet and West 167 feet of East 361.74 feet of South 201 feet of North 336.49 feet of Southwest'/4 of Section 36, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: On April 21, 2009, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 2. On May 11, 2009, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit revision, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. Packet Page Number 61 of 190 Attachment 5 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction and activities on the site shall follow the site and project plans dated March 26, 2009 as approved by the city. City staff may approve minor changes to these plans and the city council must approve major changes to the approved plans. 2. Any fence over six feet tall requires a building permit issued by the city. The city building official will require the submittal of a structural plan for the proposed fence approved by a registered engineer with the building permit materials. All slab installations for the proposed equipment will require a building permit as well. 3. Xcel Energy must start the installation of the new feeder and associated site work within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. The city council shall review this permit in one year. 5. Xcel Energy must obtain an easement from 3M Company for the proposed expansion. The Maplewood City Council approved this resolution on May 11, 2009. Seconded by Councilmember Rossbach. Ayes - All The motion passed. Packet Page Number 62 of 190 Agenda Item G.5 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Approval of the Environmental and Natural Resources Commission 2010 Annual Report DATE: May 3, 2010 for the May 9 City Council Meeting INTRODUCTION Annually the Environmental and Natural Resources (ENR) Commission submits a report to the City Council which outlines the actions and activities taken by the Commission during the preceding year, recommendations needed to existing ordinances or policies based on past reviews, and goals envisioned for the upcoming year. The report serves as a means of relaying important information to the City Council on the Commission's accomplishments and obtaining feedback on proposed goals. BACKGROUND On April 18, 2011, the ENR Commission adopted their 2010 Annual Report. RECOMMENDATION Review and approve the attached ENR Commission 2010 Annual Report. Attachment: Environmental and Natural Resources Commission 2010 Annual Report Packet Page Number 63 of 190 Attachment City of Maplewood Environmental and Natural Resources Commission 2010 Annual Report April 18, 2011 P refa re The Environmental and Natural Resources (ENR) Commission is charged with protecting, preserving and enhancing the environment of the City of Maplewood. Members The ENR Commission consists of seven members appointed by the City Council. Membership terms are for three years, with extensions for additional terms approved by the City Council. The current membership is as follows: Board Member Membership Began Term Expires Bill Schreiner 06/09/08 09/30/11 Judith Johannesen 07/14/08 09/30/11 Dale Trippler 02/25/08 09/30/12 Randee Edmundson 02/08/10 09/30/12 Carole Lynne 11/27/06 09/30/13 Carol Mason Sherrill 11/27/06 09/30/13 Ginny Yingling 11/30/06 09/30/13 Commissioner Lynne has been on a leave of absence from the Commission since October 2010 for personal reasons. Commissioner Lynne hopes to rejoin the Commission beginning June 2011. On April 18, 2011, the ENR Commission made a recommendation that the City Council amend the ENR Commission ordinance to allow nine ENR Commissioners to serve on the Commission rather than seven. There have been occasions when the Commission had difficulty obtaining a quorum for their meetings, mainly during the summer vacation months. The Commission determined that lack of quorum would be alleviated with the addition of two more members. This issue will be brought before the City Council during the ENR Commission reappointment/appointment process which will be scheduled following the above-mentioned term expiration dates of September 30, 2011. Chair and Vice Chair Each year the Commission appoints Commissioners to serve as Chair and Vice Chair of the Commission. On January 13, 2011, the Commission appointed Commissioner Schreiner to be the Chair and Commissioner Edmundson to be the Vice Chair. Previously (2010) the Chair was Commissioner Trippler and the Vice Chair was Commissioner Schreiner. Meetings The ENR Commission meetings are held the third Monday of every month at 7:00 p.m. In 2010, the ENR Commission held 13 meetings. Twelve of those meetings were regularly scheduled monthly meetings, and one was a special meeting (recycling contractor informational meeting). Packet Page Number 64 of 190 2010 Attendance Commissioner Attendance Dale Trippler 13 of 13 Carol Mason Sherrill 12 of 13 Randee Edmundson 12 of 13 Ginny Yingling 12 of 13 Judith Johannessen 11 of 13 Carole Lynne 08 of 13 Bill Schreiner 08 of 13 Reviews and Accomplishments The ENR Commission is a strong element to the city's environmental planning. One of the missions of the Commission is to develop and promote sustainable practices for city policies and procedures. In 2010 the ENR Commission worked on the following environmental issues: 1. Chicken Ordinance to Encourage Sustainable Foods 2. Stormwater Ordinance 3. Fish Creek Greenway Ad -Hoc Commission 4. Eureka Recycling 2009 Year -End Recycling Report 5. Recycling Contract Request for Proposal 6. Flood Plain Ordinance 7. Renewable Energy Ordinance 8. Extreme Green Makeover Judging 9. Review of two wetland variances. 10. Review of the National Pollutant Discharge Elimination System (NPDES) Permit 11. Emerald Ash Borer 12. Greenways 13. Collection System Analysis 14. Neighborhood Environmental Groups 15. Maplewood 2011 Street Project —Western Hills Area Outside Activities 1. Waterfest 2. Community Development and Parks Tour 3. National Night Out Recycling Bin Distribution 4. Collaborative Joy Park Buckthorn Removal Project 5. Spring and Fall Clean Ups During the ENR Commission's January 13, 2011, Goal Setting Meeting, the Commission chose to carry over their 2010 goals to 2011 as follows: 1. Trash Hauling (Organized Collection) 2. Greenways 3. Neighborhood Environmental Groups Packet Page Number 65 of 190 Implementation of Goals On April 18, 2011, the Commission reviewed the goals and determined how best to implement them throughout the year: 1. Trash Hauling: It was determined that the Trash Hauling Subcommittee would be disbanded and three Commissioners would be appointed to serve on the new Trash Hauling Working Group (Commissioners Schreiner, Trippler, and Yingling). The Trash Hauling Working Group will conduct analysis and review of various collection systems and report their findings to the full City Council. 2. Greenways: The Greenway Subcommittee (Commissioners Trippler and Yingling) will continue their work with staff to educate the public and promote the four Natural Area Greenways. 3. Neighborhood Environmental Groups: The Neighborhood Environmental Group Subcommittee (Commissioners Edmundson, Mason Sherrill, and Johannessen) will continue their work with staff to educate the public and promote the concept of Neighborhood Environmental Groups. Conclusion The ENR Commission will continue to carry out their mission as follows: 1. Establish environmental priorities for the city. 2. Make recommendations on policies, procedures and ordinances that control, protect, preserve, and enhance the city's environmental assets. 3. Participate in the mission and goal of the Maplewood Nature Center and Neighborhood Preserves. 4. Promote greater use and appreciation of the city's environmental assets. 5. Sponsor environmental projects to enhance, repair, replace, or restore neglected or deteriorating environmental assets of the city. 6. Develop educational programs that foster the mission of the Commission. 7. Develop and promote sustainable practices for city policies and procedures. Packet Page Number 66 of 190 Agenda Item H1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT: Western Hills Area Street Improvements, Project 10-14 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Receiving Bids and Awarding Construction Contract DATE: May 4, 2011 INTRODUCTION All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at, or prior to, the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the May 23, 2011 council meeting and consider approving the attached resolution adopting the assessment roll less those property owners who have submitted objections. The council will also consider awarding a construction contract. BACKGROUND The Western Hills Area Street Improvement project includes reconstruction for the area illustrated on the attached project location map. The area is generally bounded by Desoto Street on the east, Larpenteur Avenue on the South, Roselawn Avenue to the North and Rice Street on the west. The reconstruction includes installation of a new street section with concrete curb and gutter, storm sewer installations, replacement of water main, addition of sidewalks, sanitary sewer main and service repairs, and the installation of storm water treatment features. The following is a timeline for the improvement project: On July 26, 2010 the city council ordered the project feasibility report Staff held a number of informational neighborhood meetings on the following dates: o September 8 and 9, 2010 and October 20, 2010. These were meetings to introduce the project to the neighborhood and ascertain initial feedback about the proposed project. Forty (40) residents attended the September meetings and five (5) attended the October meeting. o October 27, 2010 — a neighborhood meeting was held for the Larpenteur Avenue residents regarding the sidewalk proposal. Eight (8) residents attended. o December 2, 2010. This meeting was a follow-up to the September informational meetings to run design concepts by the residents before proceeding with final design. Approximately 20 people attended. o March 23, 2011 — a plan review meeting with residents was held to make any final adjustments to the design plans. Packet Page Number 67 of 190 Agenda Item H1 • On December 13, 2010 the feasibility study was accepted and a public hearing ordered by the council o Notices were published twice in the local newspaper and sent to all affected property owners following the approval • The council conducted a public hearing on January 10, 2011 o After the public hearing, the council ordered the project and authorized preparation of the plans and specifications • On March 28, 2011, the council accepted the plans, authorized an advertisement for public bid and ordered preparation of the Assessment Roll. At the subsequent meeting on April 11, 2011, the council accepted the roll and ordered the Assessment Hearing scheduled for May 9, 2011 o Notice was published twice in the local newspaper and assessment statements were mailed to property owners following the approval • Contractor bids were opened on Friday April 29, 2011 and are presented in this report ASSESSMENTS The assessment rates for this improvement project were established in accordance with the City's Special Assessment Policy. The amount assessed must provide a benefit to the property that is equal to or greater than the assessed amount. An independent appraisal firm was hired to ascertain an opinion of special benefit received by properties within the neighborhood project area. This information was used to set the proposed special benefit assessment amounts for the project area. There are 286 assessable residential parcels and 5 assessable commercial parcels within the project area. Based on the City of Maplewood's Special Assessment Policy, parcels will be assessed on an equal "unit" basis. The project assessment "unit" rates have been set based on the special benefit appraisal as follows: Residential o Area 1 Special Benefit Assessment Rate = $5,800/unit o Area 2 Special Benefit Assessment Rate = $5,000/unit ■ Kingston -Abel -Beaumont Area (previously assessed as part of project 90-07 for watermain and drainage improvements) 0 50/64 Roselawn Avenue Assessment Rate = $3,618/unit ■ Previously assessed as part of project 87-01 which included drainage and roadway improvements on Roselawn Avenue. ■ Assessed $1,125 for Roselawn Improvements. • Assessment Credit = (8951/4615) x $1,125 = $2,182 • Adjusted Assessment = $5,800 - $2,182 = $3,618 o Town home Special Benefit Assessment Rate= $3,100/unit ■ Single Townhome unit within multiple dwelling Commercial o Commercial Special Benefit Assessment Rates = Per Unit Basis ■ Commercial properties assessment rates per unit basis based upon special benefit appraisals for the specific properties The proposed assessments for the Western Hills Area Street Improvements total $1,691,368.00. A copy of the assessment roll is provided as a supplement to this report. Packet Page Number 68 of 190 Agenda Item H1 ASSESSMENT OBJECTIONS FILED As of April 29, 2011 staff has received the following objection to the proposed assessments: a. Parcel 18-29-22-42-0063 — Richard and Shirley Towle; 217 Summer Avenue It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Towle are requesting deferral of the assessment due to senior citizen status and financial hardship. b. Parcel 18-29-22-42-0097 — Mary Jane Hawkins; 1808 City Heights Drive It is currently proposed that the property be assessed for 1 unit. Ms. Hawkins is requesting deferral of the assessment due to disability status and financial hardship. Staff will review all objections and provide the city council recommendations for motion at the May 23, 2011 city council meeting. Objections will be received up to and as part of the assessment hearing on May 9, 2011. Once the hearing is closed, no further objections will be considered. AWARD OF CONSTRUCTION CONTRACT Final plans and specifications for the Western Hills Area Street Improvements were approved and authorization given to advertise for sealed bids on March 28, 2011. Bids were received, opened and read on April 29, 2011. Three valid bids were received and tabulated. The bid form includes a base bid and eight (8) bid alternates. A summary of the bids are shown in Exhibit 1. All bids have been checked and tabulated for accuracy. The engineer's estimate of probable construction cost has been provided in the bottom row of the tabulation for comparison. Base Bid The scope of work within the base bid includes reconstruction of all neighborhood streets to an urban section with concrete curb and gutter, associated retaining walls, any sanitary sewer main and service repairs, about 10,400 feet of watermain replacement, installation of a neighborhood drainage system (including devices for storm water treatment and rate control), driveway and boulevard restoration, and residential rain water garden construction. Base bids ranged from $4.56 million to $4.69 million. Engineering staff estimated a probable base construction cost of $4,574,314.49. The apparent low base bid came from T.A. Schifsky and Sons, Inc. in the amount of $4,558,678.68, which is less than 1 % lower than the estimate. A recommendation of the overall bid award is given in the "Analysis of Bids" section of this report. Bid Alternates #1 and #2 — Sidewalks for Larpenteur Avenue and Jackson Street Sidewalks along Jackson Street and Larpenteur Avenue are proposed. The bid alternates includes the construction of a 5 -foot wide concrete sidewalk along the east side of Jackson Street and the north side of Larpenteur Avenue. The total length of walk amounts to 5,500 feet, and will provide more pedestrian mobility between I -35E, Rice Street and Roselawn Avenue. The sidewalks will also connect two walks extended as part of developer agreements with Walgreens (Rice St and Larpenteur Ave) and the Pondview Townhomes (Adolphus St and Larpenteur Avenue). Staff met with residents along both corridors and has heard from a number of the neighborhood residents about the need for sidewalks to access bus stops and businesses along 1-35E and Rice Street. Construction of these sidewalks provides the residents with a network that connects the neighborhood to both the business and the city park on the east as well as the businesses and trail system to west. Packet Page Number 69 of 190 Agenda Item H1 Bids for the sidewalk construction came in lower than expected with the bid for the Larpenteur Avenue walk at $205,284.06 and the bid Jackson Street walk at $102,622.43. The combination of the two bids came in 27% below the engineer's estimated cost. Due to the cost savings, the construction of the walks can be financed within the project. Staff recommends awarding both Bid Alternates #1 and #2. Bid Alternate #3 — Saint Paul Regional Water Services Drainage Sites This Bid Alternate includes the construction of drainage systems on Saint Paul Regional Water Services' (SPRWS) property. Drainage from roughly 46 acres from the Western Hills neighborhood drains to Trout Brook via the SPRWS drainage systems on Sylvan Street and Fenton Avenue. The City has coordinated a design with SPRWS to construct ponding areas and piping on SPRWS property to improve the current drainage situation and provide storm water treatment. Staff is currently working through an agreement with SPRWS for the construction and maintenance of drainage infrastructure built on SPRWS property. Staff will bring a final agreement to the council for approval at the May 23, 2011 council meeting. This portion of the contract is essential to the overall drainage concept for the neighborhood. The low bid for this drainage work came in at $236,840.50, 21 % below the engineer's estimated cost. At this time, staff recommends awarding Bid Alternate #3 contingent upon an agreement being ratified by both the City Council and the SPRWS Board of Commissioners (expected for May 23). Staff has included a provision in the contract requiring the contractor to hold the bid prices for 60 days until such action is taken by both entities. Staff anticipates bringing this item before the council to be added to the awarded contract upon the ratification of the agreement with SPRWS. Bid Alternate #4 — Pervious Pavement Options Staff has chosen 4 candidate locations to install pervious concrete pavement. Two areas are located at the dead ends of Summer Avenue and Adolphus Street, which both terminate at Western Hills Park. The Western Hills Park parking lot is also a candidate. Per the approvals from the Parks and Recreation Commission, this lot is being expanded from 9 to 18 stalls. Finally, a pervious concrete sidewalk is planned for the east boulevard of Adolphus Street leading from Larpenteur Avenue up to Western Hills Park, Western Hills Apartments, and Champps Restaurant. Staff is excited to implement the City's first pervious concrete areas. Pervious concrete pavements are typically more expensive than a pervious pavement due to the thicker base material, concrete mix designs and installation procedures. However, staff from the Capitol Region Watershed District (CRWD) has indicated interest in helping the City defray this cost through a BMP grant program. Staff is currently working out the details of the grant with the District. Bids for substituting regular paving materials with pervious materials came in lower than expected, with the low -bid contractor price coming in at $70,324.10, about 8% less than the engineer's estimate. Based on the low bid estimate and with Capitol Regions' preliminary commitment to grant funds for this portion of the project, staff recommends awarding Bid Alternate #4. Bid Alternate #5 — Skillman Avenue Storm Sewer Re -Route In conjunction with a SPRWS project to finish capping the Sandy Lake lime field south of County Road B and north of Roselawn Avenue, City staff is working with SPRWS to re-route storm sewer drainage from the neighborhood streets north of Roselawn Avenue away from Sandy Lake. This requires the reconstruction of two low point catch basins and installation of storm sewer piping in Skillman Avenue. The City will route the drainage to a no -outlet low area near the intersection of Adolphus Street and Skillman Avenue. Packet Page Number 70 of 190 Agenda Item H1 The bid price of $95,157.31 is 5% more than the engineer's estimated cost. Due to the overall low -bid prices on the project, this portion of the work can be funded within the project budget. Therefore staff recommends awarding Bid Alternate #5. Bid Alternate #6 — Sanitary Sewer Main Lining This alternate includes sanitary sewer main lining. Sanitary sewer main lining is performed in the City on a yearly basis as areas needing remediation are identified. In the past these linings have been coordinated by the sanitary sewer division of the public works department. These areas were bid as an alternate to this street reconstruction project to assess whether or not a cost savings can be achieved for sanitary sewer lining by incorporating them into a larger project. The bid price of $107,303.28 came in 10% more than the engineer's estimate. However, incorporating this work as part of the larger project reduces administrative costs and is advised. This will provide a much needed upgraded to several stretches of sanitary sewer main within the city. Due to the overall low -bid prices on the project, this portion of the work can be funded within the project budget. Therefore staff recommends awarding Bid Alternate #6. Bid Alternate #7 — Beaumont Street Sanitary Sewer and Water Extension This Bid Alternate includes the extension of the sanitary sewer and water service from the end of Beaumont Street south of Kingston. One pair of services is being extended to an undeveloped parcel. The other service is being extended to an occupied parcel currently serviced by septic and well. Staff is working on an agreement with both residents to assess a portion of the costs to the properties. For the developed property, staff will coordinate the sanitary sewer main extension with the owner. It should be noted that when the extension is made by the city during the project, the owner will have one year to hook up to the available sanitary sewer according to City Ordinance. At the time of hookup staff will assist the owner with payment options of either cash payment or arranged special assessment if requested. This would cover the sanitary cash connection charge and sewer service with new main construction fee. The owner will still be required to pay the SAC fee upfront. Also, if the owner chooses to connect to the new water it will be approved upon payment of similar fees, however the owner is not required to connect to the new water service according to City Ordinance. For the undeveloped property the owner will not be required to connect to the sanitary sewer service until such time as the property is developed. At the time of the property is developed staff will collect payment of both the sanitary and water cash connection charges and service with new main construction fees, in addition to the SAC and WAC fees. The bid price of $12,955.95 came in 38% above the engineer's estimate of $8,012.00. The approved project budget can cover the cost of the sewer and water extension. To prevent future removal and replacement of the new street, staff recommends awarding Bid Alternate #7. The occupied dwelling, according to ordinance, will have one year to hook up to the new sewer service once it becomes available. Bid Alternate #8 — Jackson Street Seal Coating Due to the construction of several significant utility crossings on Jackson Street, staff is recommending a seal -coating of Jackson Street to help prolong the life of the roadway and inhibit water infiltration through patch areas. The seal coating will also provide a consistent aesthetic look for the roadway. Packet Page Number 71 of 190 Agenda Item H1 The bid price of $17,169.00 came in 41 % lower than the engineer's estimated cost and can be financed within the project budget due to the overall low bid on the project. Staff recommends awarding Bid Alternate 48 Analysis of Bids The Engineer's Estimate for the Base Bid + All Bid Alternates is $5,600,422.89. The low bid from T.A. Schifsky and Sons of $5,406,359.31 is approximately 3% less than the engineer's estimate. The total prices reflect the ongoing competitive bidding climate within the highway -heavy construction sector. BID TABULATION: BASE BID PLUS ALL ALTERNATES Contractor Base Bid Total of all Alternates TOTAL AWARD 1 T.A. Schifsky and Sons, Inc $ 4,558,678.68 $ 847,680.63 $ 5,406,359.31 2 Hardrives $ 4,611,233.61 $ 867,894.32 $ 5,479,127.93 3 Palda and Sons, Inc $ 4,693,459.29 $ 1,002,816.12 $ 5,696,275.41 4 Engineer's Estimate $ 4,574,314.49 $ 1,026,108.40 $ 5,600,422.89 Based on the recommendations above, staff believes that it is in the best interest of the city to award the construction contract based on the bids for the contract work plus Bid Alternates 1 through 8 with the caveat that Bid Alternate #3 will be officially awarded to the contractor through the contract upon ratification of an agreement between the City and SPRWS, expected May 23,d The City has worked successfully with T.A. Schifsky and Sons in the past; most recently on the Hills and Dales Area Street Improvement, Castle Avenue, and Stillwater Road projects. BUDGET The current approved budget for the project is $7,152,700. This accounts for the construction cost plus 28% for indirect costs. The proposed construction contract is $5,406,359.31 and assuming 28% for indirect costs, the anticipated total project cost is $6,920,140.00, roughly $233,000.00 under budget. With the award of the contract there would be no impact to the approved budget. RECOMMENDATION It is recommended that the city council approve the attached Resolution for Adopting Assessment Roll for the Western Hills Area Street Improvements, City Project 10-14, and consider adopting the Resolution Receiving Bids and Awarding Construction Contract for the Western Hills Area Street Improvements, City Project 10-14, to T.A. Schifsky and Sons, Inc. Attachments: 1. Bid Tabulation 2. Base Bid + Bid Alternates Summary 3. Resolution: Adoption of the Assessment Roll 4. Resolution: Award of Bids 5. Assessment Roll 6. Location Map 7. Objection Letters Packet Page Number 72 of 190 W -r- L) CU a Agenda Item H1 Packet Page Number 73 of 190 O O O O O O O O aol M 0 M CDCD o aO v N M 1- o rV LO LO CO M N +' O N O Q N C7 C7 cO EA EA EA EA N 119O O CO N CD '01 O M M ++ O CO CO- (0 } Q � O CO o (0 rn (� Ov O� Na -M LO OO COCO N ++ O) C7 C7 o a'01 M M M m O Na- N O z V O LO O CO N IT W QI O N (0 0 Ef) EA EA EA O (0 CO O d c� LO N LO Na- Na- V O CO CO MI (0 O O N W CO v M Lo- O LU W Q CO CO N O w N N CO CO Cn 6q I (A (A I (A CO O O LO Q W V N N V N CO m 00 (VI (0 N Q :!:!(9 O) (0 (n Q O_ N_ N_ J 2 z (0N CO O O (0 WNa- Na- m v N O CO I- v~i a o LO W o �_ N N N N (A I (A (A 1 (A CO O O (0 (0 N ,a - C6 cO 0� O Na - 1— 1— (0 m N_ LO V C7 N CO M ',a - LO LO O I— R LO O O LO EA EA EA EA T U L Y � C N L4 U O (6 N (6 = U -0 C H m = cn W W Agenda Item H1 Packet Page Number 73 of 190 Agenda Item H1 Exhibit 2 Attachment 2 TOTALS: BASE BID MINUS BID ALTERNATE #3 Contractor Contractor Base Bid Total of Alts —1-2-,-4--8 TOTAL AWARD T.A. Schifsky T.A. Schifsky 1 1 and Sons, Inc $ 4,558,678.68 $ 610,816.13 $ 5,169,494.81 2 Hardrives $ 4,611,233.61 $ 628,395.06 $ 5,239,628.67 Palda and Sons, Palda and Sons, 3 3 Inc $ 4,693,459.29 $ 676,912.54 $ 5,370,371.83 ngineers Engineer's F 4 Estimate $ 4,574,314.49 $ 725,585.00 $ 5,299,899.49 TOTALS: BASE BID PLUS ALL ALTERNATES Contractor Base Bid Total of all Alternates TOTAL AWARD T.A. Schifsky 1 and Sons, Inc $ 4,558,678.68 $ 847,680.63 $ 5,406,359.31 2 Hardrives $ 4,611,233.61 $ 867,894.32 $ 5,479,127.93 Palda and Sons, 3 Inc $ 4,693,459.29 $ 1,002,816.12 $ 5,696,275.41 ngineers F Estimate $ 4, 574, 314.49 $ 1,026,108.40 $ 5,600,422.89 Packet Page Number 74 of 190 Agenda Item H1 Attachment 3 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 11, 2011, calling for a Public Hearing, the assessment roll for the Western Hills Area Street Improvements, City Project 10-14 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 18-29-22-42-0063 — Richard and Shirley Towle; 217 Summer Avenue It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Towle are requesting deferral of the assessment due to senior citizen status and financial hardship. b. Parcel 18-29-22-42-0097 — Mary Jane Hawkins; 1808 City Heights Drive It is currently proposed that the property be assessed for 1 unit. Ms. Hawkins is requesting deferral of the assessment due to disability status and financial hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. 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 May 23, 2011, as to their recommendations for adjustments. 3. The assessment roll for the Western Hills 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, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential properties and 8 years for commercial properties, the first installments to be payable on or before the first Monday in January 2012 and shall bear interest at the rate of 5.0 percent per annum from 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, 2011. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. 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 November 15, 2011, 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 November 15, 2011, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the Packet Page Number 75 of 190 Agenda Item H1 Attachment 3 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. 6. The city engineer and city clerk shall forthwith after November 15, 2011, but no later than November 16, 2011, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 9th day of May 2011. Packet Page Number 76 of 190 Agenda Item H1 Attachment 4 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky and Sons in the amount of $5,406,359.31 for the Base Bid and Bid Alternates 1 through 8 is the lowest responsible bid for the construction of Western Hills Area Street Improvements — City Project 10-14, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. Furthermore, official award of Bid Alternate #3 is authorized by the council however is contingent upon the ratification of an agreement between the City and Saint Paul Regional Water Services. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by council. Adopted by the council on this 9th day of May, 2011. Packet Page Number 77 of 190 Pending Assessment Roll Western Hills City Project 10-14 Agenda Item H1 Attachment 5 Parcel ID TAXPAYER Street Number Street UNITS ASSESSMENT TOTAL ASSESSMENT 182922340087 DONALD G SMIEJA 0 ABEL ST 0.33 $5,000.00 $1,666.67 182922340058 DONALD G SMIEJA 0 ABEL ST N 0.33 $5,000.00 $1,666.67 182922340059 DONALD G SMIEJA 0 ABEL ST N 0.33 $5,000.00 $1,666.67 182922340047 TODD SWANSON 1683 ABEL ST N 1 $5,000.00 $5,000.00 182922340046 OMAR N OLSON JR 1695 ABEL ST N 1 $5,000.00 $5,000.00 182922340063 DAVID M CONOVER 1702 ABEL ST N 1 $5,000.00 $5,000.00 182922340045 JUSTIN G BAKER 1705 ABEL ST N 1 $5,000.00 $5,000.00 182922340064 DONALD G SMIEJA 1706 ABEL ST N 1 $5,000.00 $5,000.00 182922340065 JOUA PAO HER 1712 ABEL ST N 1 $5,000.00 $5,000.00 182922340044 SCOTT LINDBLOM 1715 ABEL ST N 1 $5,000.00 $5,000.00 182922340043 GERALD E JAHNKE 1719 ABEL ST N 1 $5,000.00 $5,000.00 182922340066 VICTORIA M BARSNESS 1724 ABEL ST N 1 $5,000.00 $5,000.00 182922340067 GEORGE E HARWELL 1726 ABEL ST N 1 $5,000.00 $5,000.00 182922340068 PHILIP J RUNNING 1728 ABEL ST N 1 $5,000.00 $5,000.00 182922340042 PEGGY L NOLAN 1735 ABEL ST N 1 $5,000.00 $5,000.00 182922440015"' ADOLPHUS PROPERTY LLC 0 ADOLPHUS ST 1 $4,000.00 $4,000.00 182922440014"' BNB ENTERPRISES LP 1734 ADOLPHUS ST N 1 $43,200.00 $43,200.00 182922440016"' ADOLPHUS PROPERTY LLC 1760 ADOLPHUS ST N 1 $34,700.00 $34,700.00 182922410024 DALE E IVES 1884 ADOLPHUS ST N 1 $5,800.00 $5,800.00 182922410025 DENNIS R DREIER 1892 ADOLPHUS ST N 1 $5,800.00 $5,800.00 182922410026 LINDA M BOWMAN 1902 ADOLPHUS ST N 1 $5,800.00 $5,800.00 182922410028 LOUISE E SCHULTZ 1911 ADOLPHUS ST N 1 $5,800.00 $5,800.00 182922410027 JOHNNIE C RUDOLPH 1912 ADOLPHUS ST N 1 $5,800.00 $5,800.00 182922430094 CHARLES J BERGLUND 1699 AGATE ST N 1 $5,800.00 $5,800.00 182922430016 GLEN EDWARD WACHOWIAK 1700 AGATE ST N 1 $5,800.00 $5,800.00 182922430015 NANCY K TSCHIDA 1706 AGATE ST N 1 $5,800.00 $5,800.00 182922430014 LAWRENCE E BETTINGER 1714 AGATE ST N 1 $5,800.00 $5,800.00 182922430013 LORETTA B LONETTI 1722 AGATE ST N 1 $5,800.00 $5,800.00 182922430047 F O DUCHARME 1725 AGATE ST N 1 $5,800.00 $5,800.00 182922430012 SHIRLEY M TAUGNER 1730 AGATE ST N 1 $5,800.00 $5,800.00 182922430046 DONALD T BORDSEN 1733 AGATE ST N 1 $5,800.00 $5,800.00 182922430045 FREDERICK L BAUER 1741 AGATE ST N 1 $5,800.00 $5,800.00 182922430044 TKS PROPERTIES LLC 1747 AGATE ST N 1 $5,800.00 $5,800.00 182922430032 ELIJAH COLEMAN 1750 AGATE ST N 1 $5,800.00 $5,800.00 182922430043 KRISTI A ROSS 1755 AGATE ST N 1 $5,800.00 $5,800.00 182922430033 MICHAEL MCLEAN 1758 AGATE ST N 1 $5,800.00 $5,800.00 182922430042 DEBORAH G ANDERSON 1763 AGATE ST N 1 $5,800.00 $5,800.00 182922430034 WENDELL R GOERTZEN 1764 AGATE ST N 1 $5,800.00 $5,800.00 182922430041 JOHN M DEVANEY 1771 AGATE ST N 1 $5,800.00 $5,800.00 182922430035 NOU YANG 1772 AGATE ST N 1 $5,800.00 $5,800.00 182922430040 UUDO CHURCHICH 1777 AGATE ST N 1 $5,800.00 $5,800.00 182922430036 GILBERT J FERNANDEZ 1780 AGATE ST N 1 $5,800.00 $5,800.00 182922430039 JOHN F GLLAGHER 1785 AGATE ST N 1 $5,800.00 $5,800.00 182922430025 DOUGLAS R JOHNSON 1786 AGATE ST N 1 $5,800.00 $5,800.00 182922430038 BRIAN DAVID CORTEZ 1793 AGATE ST N 1 $5,800.00 $5,800.00 182922430037 JEFFREY M OLSON 1799 AGATE ST N 1 $5,800.00 $5,800.00 182922420089 ROGER E NELLESSEN 1800 AGATE ST N 1 $5,800.00 $5,800.00 182922420096 KAREN L DIAZ 1805 AGATE ST N 1 $5,800.00 $5,800.00 182922420088 RODNEY J GRAVES 1808 AGATE ST N 1 $5,800.00 $5,800.00 182922420095 DAVID J LEE 1813 AGATE ST N 1 $5,800.00 $5,800.00 182922420087 GERALD G BLASING 1814 AGATE ST N 1 $5,800.00 $5,800.00 Packet Page Number 78 of 190 Pending Assessment Roll Western Hills City Project 10-14 Agenda Item H1 Attachment 5 Parcel ID TAXPAYER Street Number Street UNITS ASSESSMENT TOTAL ASSESSMENT 182922420086 CHOU J YANG 1820 AGATE ST N 1 $5,800.00 $5,800.00 182922420094 MICHAEL W HOLEC 1823 AGATE ST N 1 $5,800.00 $5,800.00 182922420085 JOHN W PETERSON 1826 AGATE ST N 1 $5,800.00 $5,800.00 182922420093 TERRANCE L CLOS 1829 AGATE ST N 1 $5,800.00 $5,800.00 182922420084 EILEEN EAVES 1832 AGATE ST N 1 $5,800.00 $5,800.00 182922420083 PAULA B MERTH 1838 AGATE ST N 1 $5,800.00 $5,800.00 172922330026 THOMAS J KOHLMAN 1685 ARKWRIGHT ST 1 $5,800.00 $5,800.00 172922330036 MICHAEL M DEVERA 1686 ARKWRIGHT ST N 1 $5,800.00 $5,800.00 172922330027 STEPHEN FARR 1695 ARKWRIGHT ST N 1 $5,800.00 $5,800.00 172922330035 KAREN L SCOTT 1696 ARKWRIGHT ST N 1 $5,800.00 $5,800.00 172922330028 DANIEL P UNDERBAKKE 1705 ARKWRIGHT ST N 1 $5,800.00 $5,800.00 172922330034 DONALD F SCHULDT 1706 ARKWRIGHT ST N 1 $5,800.00 $5,800.00 172922330033 EDWARD A HAIDER 1714 ARKWRIGHT ST N 1 $5,800.00 $5,800.00 182922310013 GABRIEL ADAM WAYNE VAIL 1852 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922340080 JONATHAN BARCUS 1712 BEAUMONT ST N 1 $5,000.00 $5,000.00 182922340057 NEAL KRECH 1715 BEAUMONT ST N 1 $5,000.00 $5,000.00 182922340083 HOWRY PROPERTIES LLC 1716 BEAUMONT ST N 1 $5,000.00 $5,000.00 182922340056 LARRY CULLEN 1719 BEAUMONT ST N 1 $5,000.00 $5,000.00 182922340055 PETER R SALAS 1731 BEAUMONT ST N 1 $5,000.00 $5,000.00 182922310034 MEE K VANGSOUA 1845 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310033 MICHAEL J OSTERMAN 1853 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310012 CHARLES J DORDING 1860 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310032 RICHARD L WILLEY 1861 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310011 COLLEEN M HANRAHAN 1866 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310031 SCOTT R SHERMAN 1867 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310030 LAURETTE A ALWIN 1873 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310010 ALYSSA J RUFF 1874 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310029 ROLAND R RIVENESS 1879 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310009 SCOTT A A FENSKE 1882 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310028 ROBERT B MOELLER 1887 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310008 EDWARD A GRILZ 1888 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310007 DAVID ZAPATA 1894 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310027 ALAN EMIL CONARD 1895 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310006 NENG VANG 1900 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922310026 RICHARD J BONG 1901 BEAUMONT ST N 1 $5,800.00 $5,800.00 182922420047 DENNIS F LITTLEFIELD 104 BELLWOOD AVE 1 $5,800.00 $5,800.00 182922420017 TERENCE G PAULSON 107 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420046 WILLIAM L KRINGS 112 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420018 LOUWANNA OSTERMAN 113 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420045 JOHN M THURNER 120 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420019 DONALD E JIRIK 121 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420044 PAUL R SHEPARD 128 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420020 LAWRENCE P HAAS 129 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420043 JULIE A PRIBIL 134 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420021 RICHARD H WALLINDER 135 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420042 KERRY J MURPHY 142 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420022 BRIAN FORO 143 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420041 BEVERLY A EGYHAZI 150 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420023 JOAN T BERGESON 151 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420040 MARY E HACKMAN 156 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420024 DAVID A SEVERSON 157 BELLWOOD AVE E 1 $5,800.00 $5,800.00 Packet Page Number 79 of 190 Pending Assessment Roll Western Hills City Project 10-14 Agenda Item H1 Attachment 5 Parcel ID TAXPAYER Street Number Street UNITS ASSESSMENT TOTAL ASSESSMENT 182922420039 ELIZABETH ANN FITCH 162 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420025 STEVEN BOWLIN 163 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420038 R H BRUEHLING 170 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420026 BERNARD W HASSE 171 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420119 DAWNITA PARMLEY 176 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420027 JOAN S MARCHIO 177 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420037 JOHN M PONSOLLE 184 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420028 GARY M SIMONSON 185 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420036 ROBERT J TROST 192 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420029 LAWRENCE H GATEMAN 193 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420035 DAVID M KLEIN 200 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420030 CHUE VANG 201 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420034 KENNETH L REGELMAN 206 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420031 DOUG H GAGNON 207 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420033 LEO J PELZER 216 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922420032 ALFREDO F MARTINEZ 217 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922410030 TRACY A DANBY 222 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922410029 PATRICK J MCMONIGAL 223 BELLWOOD AVE E 1 $5,800.00 $5,800.00 182922430069 WOSSEN TSEGAW 1733 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430050 SELWYN REYES 1740 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430068 STEPHEN N WAMBIRI 1741 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430051 WENDY L TORRES 1746 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430067 BRYAN D LINN 1747 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430052 EUNICE ESTHER CURRENCE 1752 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430066 KENT E LAGESON 1755 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430053 ROBERT CASEY 1760 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430065 SHARON BOERBON HANSON 1763 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430054 MICHELE F SELBITSCHKA 1766 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430064 TROY J LAW 1771 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430055 DONALD J HOLMAN 1774 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430063 JOSE D CARBAIAL 1777 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430056 SONG LUE XIONG 1780 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430062 JUDITH A LAMBERT 1785 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430057 PAAL SALTER CARTER 1786 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430061 MARK J IRWIN 1791 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430058 SEAN GRIMM 1792 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430060 ANGELA K HAMILTON 1797 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922430059 MICHAEL D BARCLAY 1800 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922420111 RICHARD D PIERRE 1803 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922420097 MARY J HAWKINS 1808 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922420110 FEDERAL NATL MTG ASSN 1811 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922420098 RICHARD T SCHELL 1814 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922420109 CHERYL L SZABO 1817 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922420099 JAMES DEVANEY 1822 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922420108 SCOTT B WALLACE 1825 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922420107 MELANIE J MAKI 1831 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922420106 DANIEL J MCCANN 1837 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922420105 PATRICK J LYNCH 1845 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 182922420104 JAMIE E WHITWOOD 1853 CITY HEIGHTS DR N 1 $5,800.00 $5,800.00 172922330045 172922330015 BAC HOME LOANS SERVICING CITIMORTGAGE INC 1688 1689 EDGEMONT ST N EDGEMONT ST N 1 1 $5,800.00 $5,800.00 $5,800.00 $5,800.00 Packet Page Number 80 of 190 Pending Assessment Roll Western Hills City Project 10-14 Agenda Item H1 Attachment 5 Parcel ID TAXPAYER Street Number Street UNITS ASSESSMENT TOTAL ASSESSMENT 172922330016 KENNETH J PFARR 1695 EDGEMONT ST N 1 $5,800.00 $5,800.00 172922330024 PATRICK HER 1700 EDGEMONT ST N 1 $5,800.00 $5,800.00 172922330017 CHRISTINA M RAWLINGS 1705 EDGEMONT ST N 1 $5,800.00 $5,800.00 172922330023 BLONG YANG 1706 EDGEMONT ST N 1 $5,800.00 $5,800.00 172922330018 HENRY F WENZEL TRUSTEE 1713 EDGEMONT ST N 1 $5,800.00 $5,800.00 172922330022 PAULA VANG 1714 EDGEMONT ST N 1 $5,800.00 $5,800.00 172922330019 THOMAS G AZZONE 1723 EDGEMONT ST N 1 $5,800.00 $5,800.00 182922310014 RICHARD E MILLER 63 FENTON AVE E 1 $5,800.00 $5,800.00 182922310043 RICHARD E MILLER TRUSTEE 95 FENTON AVE E 1 $5,800.00 $5,800.00 182922310044 RICHARD E MILLER 97 FENTON AVE E 1 $5,800.00 $5,800.00 182922340049 BILL BERNIER 1694 GURNEY ST N 1 $5,800.00 $5,800.00 182922340031 JACI J TAYLOR 1703 GURNEY ST N 1 $5,800.00 $5,800.00 182922340050 MERANCE A PEIFFER 1704 GURNEY ST N 1 $5,800.00 $5,800.00 182922340030 CAROLYN M HOWE 1709 GURNEY ST N 1 $5,800.00 $5,800.00 182922340051 RUSTIN L SVENDSEN 1712 GURNEY ST N 1 $5,800.00 $5,800.00 182922340029 STEPHEN J SONTAG 1713 GURNEY ST N 1 $5,800.00 $5,800.00 182922340052 MERHAWIT B KUBROM 1718 GURNEY ST N 1 $5,800.00 $5,800.00 182922340028 VINCENT P GRUNDMAN 1721 GURNEY ST N 1 $5,800.00 $5,800.00 182922340053 KENNETH GEORGE FLECK 1722 GURNEY ST N 1 $5,800.00 $5,800.00 182922340027 REVOLUTION GROUP INC 1727 GURNEY ST N 1 $5,800.00 $5,800.00 182922340054 ROY S MUSCATELLO 1736 GURNEY ST N 1 $5,000.00 $5,000.00 182922340021 SAUL LU 1751 GURNEY ST N 1 $5,800.00 $5,800.00 182922340009 WILLIAM R TAYLOR 1765 GURNEY ST N 1 $5,800.00 $5,800.00 182922340082 ADAM DEMARAIS 1717 JACKSON ST N 1 $5,000.00 $5,000.00 182922420100 TED E THOMAS 1852 JACKSON ST N 1 $5,800.00 $5,800.00 182922420048 JEFFERY D KOLHEI 1870 JACKSON ST N 1 $5,800.00 $5,800.00 182922340022 JEFFREY D HUPPERT 5 KINGSTON AVE E 1 $5,800.00 $5,800.00 182922340026 DONALD I DERIDER 12 KINGSTON AVE E 1 $5,800.00 $5,800.00 182922340020 MARTIN J HARRINGTON 15 KINGSTON AVE E 1 $5,000.00 $5,000.00 182922340019 NANCY JOAN JOHNSON 29 KINGSTON AVE E 1 $5,000.00 $5,000.00 182922340018 KAREN L ZANGS 37 KINGSTON AVE E 1 $5,000.00 $5,000.00 182922340017 ROBERT A ERICKSON 47 KINGSTON AVE E 1 $5,000.00 $5,000.00 182922340091 NICOLE L PERSBY 49 KINGSTON AVE E 1 $5,000.00 $5,000.00 182922340090 KRISTIN R BOROWSKE 63 KINGSTON AVE E 1 $5,000.00 $5,000.00 182922340084 BRADLEY JOHNSON 76 KINGSTON AVE E 1 $5,000.00 $5,000.00 182922340014 JOHN D SLAMA 77 KINGSTON AVE E 1 $5,000.00 $5,000.00 182922340013 LOUIS E NISTLER 87 KINGSTON AVE E 1 $5,000.00 $5,000.00 182922430070 SASHA M BROWN 117 KINGSTON AVE E 1 $5,800.00 $5,800.00 182922430086 CLARK J RITCHIE 118 KINGSTON AVE E 1 $5,800.00 $5,800.00 182922430085 TODD W SCHNEIDER 122 KINGSTON AVE E 1 $5,800.00 $5,800.00 182922430084 CLABOTS FAMILY TRUST 130 KINGSTON AVE E 1 $5,800.00 $5,800.00 182922430049 JOHNATHON M LANGHAM 133 KINGSTON AVE E 1 $5,800.00 $5,800.00 182922430083 VERNON M MAYER 136 KINGSTON AVE E 1 $5,800.00 $5,800.00 182922430048 ELIZABETH HEKELE 141 KINGSTON AVE E 1 $5,800.00 $5,800.00 182922430082 JAMES J PAVEL 144 KINGSTON AVE E 1 $5,800.00 $5,800.00 182922430081 PAUL F GLUNZ 152 KINGSTON AVE E 1 $5,800.00 $5,800.00 172922330056 CHEE NHUE VANG 377 KINGSTON AVE E 1 $5,800.00 $5,800.00 172922330058 KATHERINE L GRAHAM 385 KINGSTON AVE E 1 $5,800.00 $5,800.00 172922330059 MARVELLA M LACKNER 395 KINGSTON AVE E 1 $5,800.00 $5,800.00 172922330029 RIKKI S LA BERE 400 KINGSTON AVE E 1 $5,800.00 $5,800.00 172922330031 ROMAN HERTHER 407 KINGSTON AVE E 1 $5,800.00 $5,800.00 Packet Page Number 81 of 190 Pending Assessment Roll Western Hills City Project 10-14 Agenda Item H1 Attachment 5 Parcel ID TAXPAYER Street Number Street UNITS ASSESSMENT TOTAL ASSESSMENT 172922330032 BLONG G VANG 415 KINGSTON AVE E 1 $5,800.00 $5,800.00 182922340033 ST EDWARD HARRIS 25 LARPENTEUR AVE E 0.5 $5,800.00 $2,900.00 182922340032 BRADLEY S ABRAHAMSON 33 LARPENTEUR AVE E 1 $5,800.00 $5,800.00 182922430093"' JAY D HUGHES 145 LARPENTEUR AVE E 1 $10,232.00 $10,232.00 182922430096" LYNN J WEILER 181A LARPENTEUR AVE E 1 $3,100.00 $3,100.00 182922430097" DARYL K HANZAL 181B LARPENTEUR AVE E 1 $3,100.00 $3,100.00 182922430098" CHRISTINA A TRAN 181C LARPENTEUR AVE E 1 $3,100.00 $3,100.00 182922430099" EMILY HANSEN 181D LARPENTEUR AVE E 1 $3,100.00 $3,100.00 182922430100" OLUMIDE OLUWASEGUN 181E LARPENTEUR AVE E 1 $3,100.00 $3,100.00 182922430101" ZOSEN WANG 191A LARPENTEUR AVE E 1 $3,100.00 $3,100.00 182922430102" TIMOTHY K BAUR 191B LARPENTEUR AVE E 1 $3,100.00 $3,100.00 182922430103" DARYL K HANZAL 191C LARPENTEUR AVE E 1 $3,100.00 $3,100.00 182922430104" BEZANEH G GEBREMEDHIN 191D LARPENTEUR AVE E 1 $3,100.00 $3,100.00 182922430105" WEIWEN XIE 191E LARPENTEUR AVE E 1 $3,100.00 $3,100.00 182922430106" JOSEPH AMUNDSON 191F LARPENTEUR AVE E 1 $3,100.00 $3,100.00 182922440020"' SMALL SERVICES LLC 223 LARPENTEUR AVE E 1 $12,200.00 $12,200.00 182922430011 GLENNDY LEE OSE 1736 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430010 TIMOTHY S COVER 1740 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430009 ALLAN C BUTTON 1744 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430031 CHENG VANG 1747 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430008 GARY R WALKER 1748 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430007 LAWRENCE A DITTEL 1754 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430030 MICHAEL A ZIOLKOWSKI 1757 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430006 MICHAEL A DITTEL 1760 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430005 MARYAM WILLIAMS 1764 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430029 JEREMIAH LYNCH 1767 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430004 ROGER J BERAN 1770 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430003 MARY JO DIEDRICH 1774 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430028 PETER KRAEMER 1775 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430002 PETER J KRAEMER 1778 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430001 GARY J BLANCK 1782 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430027 JACK MCGEE 1783 ONACREST CRV N 1 $5,800.00 $5,800.00 182922420092 GERALD SCHAUER 1786 ONACREST CRV N 1 $5,800.00 $5,800.00 182922420091 YO VUE VANG 1790 ONACREST CRV N 1 $5,800.00 $5,800.00 182922430026 SETH MILLER 1793 ONACREST CRV N 1 $5,800.00 $5,800.00 182922420090 MILO J THOMPSON 1794 ONACREST CRV N 1 $5,800.00 $5,800.00 182922420072 PAUL W MUELLER 1820 ONACREST CT N 1 $5,800.00 $5,800.00 182922420073 KIM MARIE KALLESTAD 1821 ONACREST CT N 1 $5,800.00 $5,800.00 182922420074 MARVIN A BJOSTAD 1823 ONACREST CT N 1 $5,800.00 $5,800.00 182922420071 PAUL T SCHNEIDER 1826 ONACREST CT N 1 $5,800.00 $5,800.00 182922420075 JOHN W HAINE 1827 ONACREST CT N 1 $5,800.00 $5,800.00 182922420070 THOMAS D CARLSTROM 1828 ONACREST CT N 1 $5,800.00 $5,800.00 182922420069 MARY C OBRIEN 1830 ONACREST CT N 1 $5,800.00 $5,800.00 182922420076 DONNA LANGANKI 1831 ONACREST CT N 1 $5,800.00 $5,800.00 182922420077 JEROME G BOVY 1839 ONACREST CT N 1 $5,800.00 $5,800.00 182922420068 TRACY IMM 1840 ONACREST CT N 1 $5,800.00 $5,800.00 182922420078 KEVIN A DOHERTY 1845 ONACREST CT N 1 $5,800.00 $5,800.00 182922420079 RONALD A MAZANEC 1853 ONACREST CT N 1 $5,800.00 $5,800.00 182922420067 JEFFREY PARKER 1854 ONACREST CT N 1 $5,800.00 $5,800.00 182922310024' CLARENCE E OSEN TRUSTEES 50 ROSELAWN AVE E 1 $3,618.00 $3,618.00 182922310005' CHARLES R HACKMAN 64 ROSELAWN AVE E 1 $3,618.00 $3,618.00 Packet Page Number 82 of 190 Pending Assessment Roll Western Hills City Project 10-14 Agenda Item H1 Attachment 5 Parcel ID TAXPAYER Street Number Street UNITS ASSESSMENT TOTAL ASSESSMENT 182922420049 GARY A LOEHR 113 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420101 BRUCE C BRIESE 116 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420050 GARY A CARLSON 121 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420102 W RYDER LANDGREN 124 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420051 CAITLIN & VOIGHT 129 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420103 ANN S ATHEN 130 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420052 BENJAMIN C RUST 135 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420053 GARY A STROMBECK 143 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420054 JOHN D DAINTY 151 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420082 MARY J TILLS 154 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420055 DUANE R SIMPSON 157 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420081 LANE F COOPER 162 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420056 THERESE M QUIST 163 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420080 DAVID W MILLER 170 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420057 KEVIN B OSMUNDSON 171 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420058 MICHAEL H HARDER 177 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420059 LYDIA M ERCE 185 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420060 CARRIE A BRASUHN 193 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420061 TAMARA J CARLSON 201 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420066 GLENN PAULSON 202 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420062 LINDA KAY DUELLMAN 207 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420065 RICHARD D SCHALLY 208 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420064 RONALD MANDEL 214 SUMMER AVE E 1 $5,800.00 $5,800.00 182922420063 RICHARD J TOWLE 217 SUMMER AVE E 1 $5,800.00 $5,800.00 182922340035 PATRICK E JESKE 1694 SYLVAN ST N 1 $5,800.00 $5,800.00 182922340036 THOMAS W MORIARTY 1708 SYLVAN ST N 1 $5,800.00 $5,800.00 182922340037 THAI VANG 1712 SYLVAN ST N 1 $5,800.00 $5,800.00 182922340038 JEFFREY K MOYNAGH 1720 SYLVAN ST N 1 $5,800.00 $5,800.00 182922340039 LAURA M JOHNSON 1724 SYLVAN ST N 1 $5,800.00 $5,800.00 182922340040 JAMES R OPINE 1730 SYLVAN ST N 1 $5,800.00 $5,800.00 182922340041 XOR VANG 1738 SYLVAN ST N 1 $5,800.00 $5,800.00 182922340023 CAROLYN BREWSTER 1748 SYLVAN ST N 1 $5,800.00 $5,800.00 182922340024 TODD P WILLIAMS 1754 SYLVAN ST N 1 $5,800.00 $5,800.00 182922340025 MICHAEL E BISSON 1758 SYLVAN ST N 1 $5,800.00 $5,800.00 182922340011 MARVIN A HODGIN 1766 SYLVAN ST N 1 $5,800.00 $5,800.00 182922340010 DAVID G LEHTO 1772 SYLVAN ST N 1 $5,800.00 $5,800.00 TOTALS 288.50 ASSESSMENT RATES: TOTAL = $1,691,368.00 RESIDENTIAL - AREA 1 SPECIAL BENEFIT ASSESSMENT RATE = $5,800 PER UNIT RESIDENTIAL - AREA 2 SPECIAL BENEFIT ASSESSMENT RATE = $5,000 PER UNIT * CREDIT PER THE CONSTRUCTION COST INDEX (CCI):YEAR 1989=4615,YEAR 2010=8951 1989 ASSESSMENT = $1125, ASSESSMENT CREDIT PER CCI = $2182, ADJUSTED 2010 ASSESSMENT = $3,618 ** RESIDENTIAL - TOWNHOME SPECIAL BENEFIT ASSESSMENT RATE = $3,100 PER UNIT *** COMMERCIAL SPECIAL BENEFIT ASSESSMENT RATES ARE PER UNIT BASIS NOTE: THE ABOVE ASSESSMENT RATES ARE BASED UPON SPECIAL BENEFIT APPRAISALS Packet Page Number 83 of 190 COUNTY / RD. B o � C_) j !,35E,! Sandy 2 La ke Q� � SKILLMAN AVE. z MT. VERNON U' AVE. O = DOWNS AVE. Q o ROSELAWN Q FENTON AVE. � U z 0 m _ CnL O LJ _ � LJ � w< Q OSP Cn U j Q KINGSTON o AV. 0 FLWOOD BEL TJ>-�Q m BELLWOOD AVE. SUMMER AVE. � U (n 0 m _ CnL -IJ LJ _ � LJ � w< Q OSP LARPEI NTEUR I �t Western Hills Agenaa item n i Lac en LAUR IE R Cn Nu) * 1 0 � ELDFE Cn Cn o BELMO U) J SKILLMA SUMMER' w w SUMMER LN. Capital Improvement Project for 2011 Western Hills/Larpenteur Area Street Improvement City Project 10-14 Packet Page Number 84 of 190 U)o 0 m w L 0 0 Y U � w< z MT VERN Q TOENJESRosela (n PL Park 0 FLWOOD BEL SUMMER' w w SUMMER LN. Capital Improvement Project for 2011 Western Hills/Larpenteur Area Street Improvement City Project 10-14 Packet Page Number 84 of 190 Item 11 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services RE: Consideration of Penalty for Alcohol Compliance Failure — The Ponds at Battle Creek Golf Course DATE: May 9, 2011 Introduction At the April 25, 2011 city council meeting, the council moved to postpone imposing a fine against The Ponds at Battle Creek Golf Course. Mr. Behnke, owner of The Ponds at Battle Creek Golf Couse, was not present at the meeting; therefore the council directed staff to mail Mr. Behnke a certified letter requesting he attend this meeting to discuss the alcohol compliance violation and proposed penalty against his establishment. Background When the city council began performing tobacco and alcohol compliance checks in 2000, they opted not to have a strict guideline for penalties because some compliance failures are more egregious and warrant stricter penalties. While the city does not have specified fines for cigarette and tobacco compliance failures, past practice has been to adhere to the following guidelines for imposing penalties for tobacco: first offense $250, second offense $500 and the third offense $750. For a third violation at the same location within 24 months after the initial violation, the licensee's authority to sell tobacco at that location must be suspended for not less than seven days per Minn. Stat. § 461.12, subd. 2. For alcohol compliance failures, past practice has been to follow State guidelines of imposing a penalty of $500 for the first offense, $1,000 for the second offense, $2,000 if there is a third offense and then revocation or possible suspension of the license. In January of 2005 the city council implemented an incentive program that includes a one-time 5% discount on the annual intoxicating liquor license fee after remaining violation free for five consecutive years. If after receiving a penalty and remaining violation free for five consecutive years the violation would be removed from their compliance failure record. Attached is a statistical history of compliance failures for The Ponds at Battle Creek Golf Course. Mr. Behnke has been notified of the proposed civil penalty against his establishment and was sent a certified letter requested he attend the May 9, 2011 council meeting. Consideration Council consideration for penalty is requested. Packet Page Number 87 of 190 BUSINESS NAME - OWNER - ADDRESS - CHANGE OF MANAGER OR OWNER DATE COMPLIANCE COMPLIANCE FAILURE DATE STATUS COURT DATE STAFF RECOMMENDATION COUNCIL ACTION THE PONDS AT BATTLE CREEK GOLF COURSE - 601 CENTURY AVE S ALCOHOL 05/20/2010 PENDING - COUNCIL ACTION 01/10/2011 PROPOSED $500 FINE Packet Page Number 88 of 190 DATE PRINTED: 5/4/2011 PAGE 1 OF 1 Agenda Item 1_2 Memorandum To: James W. Antonen, City Manager From: Gayle Bauman, Finance Manager Date: May 3, 2011 Re: Bid Award on Improvement Bonds BACKGROUND On April 11, 2011, the Council gave preliminary approval for the sale of $10,000,000 of General Obligation Improvement Bonds, Series 2011A. The bids on these bonds are scheduled to be opened on Monday, May 9. The bonds were proposed for the purpose of providing funds sufficient to finance two public works projects — Western Hills Area Streets and Gladstone Area Redevelopment (Phase I, The Shores). Improvement bonds totaling $10,000,000 are planned for the projects which have special assessments totaling at least 20% of the project costs. A portion of the bonds will be paid from revenues collected in the Environmental Utility Fund through user charges. The bid award is scheduled for 7:00 p.m. at the regular Council meeting on Monday, May 9. A recommendation regarding the bid award will be made by a representative of Springsted Incorporated. At that time, a resolution for the bond issued will need to be adopted to award the bids. A copy of the resolution is attached. RECOMMENDATION Staff recommends approval of the resolution pending a favorable recommendation from Springsted, Inc. Packet Page Number 89 of 190 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: MAY 9, 2011 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on May 9, 2011, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive negotiated sale of, $10,000,000 General Obligation Improvement Bonds, Series 2011A. The following members were present: and the following were absent: In accordance with the resolution adopted by the City Council on April 11, 2011, the City Clerk presented proposals on $10,000,000 General Obligation Improvement Bonds, Series 2011A, which were received and tabulated at the offices of Springsted Incorporated on this same day: Bidder Interest Rate True Interest Cost SEE ATTACHED Packet Page Number 90 of 190 The Council then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $10,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A, PROVIDING FOR THEIR ISSUANCE, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $10,000,000 General Obligation Improvement Bonds, Series 2011A (the 'Bonds"), of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvement projects within the City (the "Improvements"); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds of the City (or individually, a "Bond"), in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The City Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2. Bond Terms. (a) Title, Original Issue Date, Denominations, Maturities, Term Bond Option. The Bonds shall be titled "General Obligation Improvement Bonds, Series 2011A", shall be dated June 1, 2011, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -I upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: 3788381v1 Packet Page Number 91 of 190 Year 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Amount Year 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Amount As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the 'Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the 'Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the 'Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or 3788381v1 Packet Page Number 92 of 190 premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, 3788381v1 Packet Page Number 93 of 190 to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Cost. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall 3788381v1 Packet Page Number 94 of 190 do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2012, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 2013 % 2023 % 2014 2024 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 5. Redemption. All Bonds maturing on February 1, 2022, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2021, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall 3788381v1 Packet Page Number 95 of 190 authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Re ig strar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 3788381v1 Packet Page Number 96 of 190 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2011A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP % FEBRUARY 1, JUNE 1, 2011 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2012, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this 3788381v1 Packet Page Number 97 of 190 Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption. All Bonds of this issue (the 'Bonds") maturing on February 1, 2022 and thereafter are subject to redemption and prepayment at the option of the Issuer on February 1, 2021, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $10,000,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on May 9, 2011 (the "Resolution"), for the purpose of providing money to finance various improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2011A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. 3788381v1 Packet Page Number 98 of 190 Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax -Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. 3788381v1 Packet Page Number 99 of 190 IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk 3788381v1 Packet Page Number 100 of 190 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad -15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 3788381v1 Packet Page Number 101 of 190 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED DATE AMOUNT SIGNATURE OF HOLDER 3788381v1 Packet Page Number 102 of 190 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is June 1, 2011. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration, Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 3788381v1 Packet Page Number 103 of 190 any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights' Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment, Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 3788381v1 Packet Page Number 104 of 190 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Funds and Accounts. There has heretofore been created a capital projects fund designated the "Public Improvement Projects Fund" held and administered by the Finance Director separate and apart from all other funds of the City. The Public Improvement Projects Fund shall continue to be maintained in the manner heretofore specified. In the Public Improvement Projects Fund there shall be created and maintained separate construction accounts (the "Construction Accounts") for each improvement financed by this bond issue. To the Construction Accounts there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less capitalized interest and less any amount paid for the Bonds in excess of the minimum bid, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Accounts there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Accounts, the balance (other than any special assessments) may be transferred by the City Council to the accounts of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Accounts shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. There is hereby created a debt service fund to be designated the General Obligation Improvement Bonds, Series 2011A Fund (the 'Debt Service Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Debt Service Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Fund: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Accounts and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof, (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of the minimum bid; (d) capitalized interest in the amount of $ , sufficient to pay interest due on the Bonds on or before February 1, 2012; (e) any collections of all taxes herein or hereafter levied for the payment of the principal and interest on the Bonds; (f) all funds remaining in the Construction Accounts after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (g) all investment earnings on funds held in the Debt Service Fund; and (h) any and all other moneys 3788381v1 Packet Page Number 105 of 190 which are properly available and are appropriated by the governing body of the City to the Debt Service Fund. The Debt Service Fund shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (ii) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Accounts or Debt Service Fund (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then -applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized in accordance with Minnesota Statutes, Section 475.55, Subdivision 3. The assessments are payable in equal annual installments with interest on the declining balance at the rates specified below. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rates per annum specified below: 3788381v1 Packet Page Number 106 of 190 Improvement Collection Designation Amount Lever Years Rates $ 2011-20 2011-20 % At the time the assessments are in fact levied the City Council shall, based on the then - current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levy, Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Year of Tax Levy Tax Collection Amount SEE ATTACHED SCHEDULE The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 3788381v1 Packet Page Number 107 of 190 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 19 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the 3788381v1 Packet Page Number 108 of 190 Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. 22. Certificate of Registration. A certified copy of this resolution is hereby directed to filed in the offices of the County Auditor of Ramsey County, Minnesota, together with such other information such County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as 3788381v1 Packet Page Number 109 of 190 otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax -Exempt Status of the Bonds; Rebate; Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 24 -month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2011 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2011 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 3788381v1 Packet Page Number 110 of 190 28. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 3788381v1 Packet Page Number 111 of 190 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 considering bids for, and awarding the competitive negotiated sale of, $10,000,000 General Obligation Improvement Bonds, Series 2011A. WITNESS my hand on May 9, 2011. Clerk 3788381v1 Packet Page Number 112 of 190 Agenda Item 13 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Director Parks and Recreation Ginny Gaynor, Natural Resources Coordinator SUBJECT: Consider Approval of Emerald Ash Borer Plan DATE: May 3, 2011 for May 9, 2011 Council Meeting INTRODUCTION In Spring 2009, Emerald Ash Borer (EAB) was discovered in St. Paul, Minnesota. Maplewood staff and City Forester have been working with commissions to develop an EAB Management Plan for the city. At the April 25th council workshop, council members reviewed and discussed the proposed plan. Recommended changes have been incorporated into the plan and City Council will consider approval of the plan on May 9th. DISCUSSION Emerald ash borer is a non-native beetle that causes widespread decline and death of ash trees. The larval stage of EAB feeds on the tissue between the bark and the sapwood, disrupting the transport of nutrients and water in the tree. If enough EAB infest a tree, the tree's transport system will be destroyed and the tree will die. EAB has destroyed millions of ash trees in other states. In 2009, EAB was found in St. Paul, MN. Since then communities have been developing plans to respond to EAB infestation. Staff and City Forester, Andy Hovland, have been working with the Parks and Recreation Commission and the Environmental and Natural Resources (ENR) Commission to develop an Emerald Ash Borer Management Plan. The proposed plan recommends using a combination of management strategies including inventory, inspection, strategic removal, biological control, and replanting. Both commissions support the plan, except the ENR Commission is strongly opposed to the use of pesticides to treat EAB on city land. Council reviewed the EAB Plan at the April 25 Council Workshop and recommended a couple changes. In response, staff has made the following changes to the plan: 1. Pesticide Use, page 4. This section was revised to indicate the city will not permit the use of pesticide to treat Emerald Ash Borer on city land. 2. Ordinance and Policy, page 5. This section was expanded to clarify how the city will handle trees on private property that are infested with EAB. It recommends we revise our current disease tree ordinance to include ash trees infested with EAB. This would allow the city to inspect properties for EAB and require homeowners to remove or abate infested ash trees that are declared a nuisance. In revising the ordinance, we will establish guidelines for abatement. For example, in the early stages of EAB infestation in Maplewood, the city may need to require that property owners remove infested trees to help slow the spread of EAB. But once EAB is widespread it may be impractical to inspect for and require that all infested ash removed. Packet Page Number 113 of 190 During the council workshop, council members discussed the need for a complete boulevard tree inventory. This will allow the city to use pre-emptive removal as a management strategy and it will enable us to better plan for replanting. The tree inventory survey along with council's approval of the EAB Management Plan will help support the city's effort to secure grant monies in the future. Staff would like to obtain bids for a boulevard tree inventory. When bids are received, we will submit those to council with a plan for funding the inventory. To that end, staff is looking at funding the tree inventory as follows: First, available monies in the Tree Preservation Fund ($7,500); second, unused monies in the Capital Improvement Fund budget from 2011 ($17,500); and third, available fund balance in the Capital Improvement Fund (not to exceed $10,000). The second source means that we will only be spending $27,500 on Community Field Upgrades and Park Equipment instead of the $45,000 noted in the 2011 CIP. The third source may require small adjustments to 2012 projects proposed in the CIP. RECOMMENDATION Staff requests that the City Council consider approval of the proposed Emerald Ash Borer Management Plan. In addition, staff requests that the City Council consider approval for staff to request proposals for a boulevard tree inventory and pay for these services from the sources noted above. Attachments: 1. Emerald Ash Borer Management Plan — May 3, 2011 2 Packet Page Number 114 of 190 Agenda Item 13 - Attachment 1 Emerald Ash Borer Management Plan City of Maplewood, Minnesota May 3, 2011 I. Purpose The purpose of this management plan is to address and plan for the eventual invasion of Emerald Ash Borer (EAB) into Maplewood urban forests. The goal of this plan is to slow the spread of the infestation through education, inspection, and strategic management. By defining and beginning management now we hope to lessen disruption to our urban forest, stretch the management costs associated with EAB over a longer period of time, and create an atmosphere of EAB awareness to detect an infestation as early as possible. II. Applicability This plan is applicable to all public land in Maplewood and all private properties where EAB may negatively impact public areas or generally threaten the overall health of Maplewood's urban forest. III. Administration Maplewood's City Forester and Natural Resources Coordinator will be responsible for implementing this program, with support from Parks and Recreation Department and Public Works Department. IV. EAB Background Emerald Ash Borer (EAB) is a non-native beetle that causes widespread decline and death of ash trees. The larval stage of EAB feeds on the tissue between the bark and the sapwood, disrupting the transport of nutrients and water in the trees. If infestation is high enough in an individual tree, the damage will be severe enough to kill the tree. EAB has destroyed millions of ash trees in other states. (See Appendices A, B, and C for more information.) V. EAB Status in Minnesota In 2009, EAB was found in southern Minnesota and in St. Paul. The infestation in St. Paul was in the St. Anthony area and on the University of Minnesota St. Paul Campus. Subsequently EAB was found in Minneapolis, in the Tower Hill and Prospect Park areas. The metro infestations are about 1 mile apart. The Minnesota Department of Agriculture (MDA), Minnesota Department of Natural Resources and University of Minnesota have helped coordinate the response to the infestation and education. In St. Paul this included ash tree removal in the infested areas as well as preemptive removal of ash in selected neighborhoods. In 2010, the MDA released biological control agents (three species of wasps) at the site of the southern MN infestation. The MDA plans to do a release in the metro area in 2011. VI. EAB Management Strategies When EAB was first found in Minnesota, it was believed that we would eventually lose all ash trees in Minnesota. But EAB may spread differently in Minnesota than it has in other states, since it appears that we have found it relatively early in the infestation. SLAM (Slow Ash Mortality) is an approach to EAB that focuses on slowing ash tree mortality through integrated management strategies. It may involve a combination of monitoring for EAB, preemptive removal of ash trees, insecticide treatment, and biological control. Slowing the spread of EAB and slowing ash tree mortality enables us to spread management costs over a longer time period. In addition, with biological control now a possibility, the outlook for ash in Minnesota could be different than initially predicted. Packet Page Number 115 of 190 VI —1 EAB Management: Tree Inventory A tree inventory is the foundation of an EAB plan and provides the baseline data for a city's urban forestry program. The data can also be used to track management of individual trees, similar to the way a city tracks infrastructure maintenance (ex: storm sewer structures). In 2010, Maplewood hired S&S Tree Specialists to conduct a complete inventory for park (not preserve) trees including location, species, diameter, and health. Only manicured areas of parks were inventoried. Maplewood parks have 2507 trees, 484 of which are ash (19.3%). In 2010, staff inventoried a sampling of boulevard trees. The protocol being used requires we inventory a minimum of 2000 boulevard trees in order to estimate how many trees we have on boulevards. This sampling will be completed in 2011. The boulevard sampling and the complete park tree inventory provide data that enables us to understand the potential financial, aesthetic, and ecological impacts of EAB in Maplewood. But a complete boulevard tree inventory, with information on the health of each tree, is required for the city to strategically target individual trees for treatment or removal, and to make planting decisions that ensure tree diversity. It is strongly recommended that the city hire a contractor to do a complete inventory of boulevard trees. In addition, it is recommended that staff conduct informal inventories on a few natural areas in the city to obtain some basic information about the ash population in forested areas. VI — 2 EAB Management: Inspection, Detection, and Monitoring The goal of detection is to find infestations as early as possible. Once an infestation center is found, we need to determine the duration and outer boundaries of the infestation. Many people should be involved in detection. 1. City Forester. Maplewood contracts a part-time forester to inspect properties for oak wilt and Dutch Elm Disease. The forester's contract should be expanded to include EAB detection and inspection. In addition, the City Forester should be the person responsible for delineating the infestation boundaries. 2. City Staff. City staff need to be key players in detecting EAB. It is recommended that staff at the nature center and parks and public works crew members undergo EAB training so they can help monitor the ash trees in the areas where they work. In addition, it is recommended that EAB training be provided for all employees interested in learning about the insect and its threat. 3. Residents and the Maplewood Tree Hotline. Residents will often be first to detect EAB on private lands. If they have a tree with suspected EAB, they are encouraged to review EAB information online and/or call the Maplewood Tree Hotline. The city forester responds to all calls and does a site check if he can't rule out EAB during the phone conversation. 4. Arrest -The -Pest -Hotline. The state maintains an Arrest -the -pest -hotline. Citizens can call the hotline to report a suspected incidence of EAB. 5. Minnesota Forest Pest First Detector Network. The first detector network is the state's early warning system for invasive tree pests. First detectors can help verify the presence of EAB. 6. Minnesota Tree Care Advisors. The tree care advisor program is a network of trained, community- based volunteers who promote urban and community forestry to all residents of Minnesota. This program is run by the University of Minnesota's Department of Forestry. Packet Page Number 116 of 190 7. Citizen -monitoring program. Some Maplewood residents have expressed interest in learning more about Emerald Ash Borer and its potential impact to the city and the landscapes around their homes. The city should encourage interested residents to participate in the Forest Pest First Detector program or the Minnesota Tree Care Advisor program so they can help the city watch for EAB. The city should consider paying the tuition for residents in these programs if they commit to volunteering hours for inspecting sites in the city for EAB. 8. Purple Traps. In 2010, the Minnesota Department of Agriculture set purple traps throughout the state, including in Maplewood. The purpose of the traps is to help the MDA better determine the extent of the EAB infestation. The city should continue working with the MDA to have these traps set in Maplewood. VI – 3 EAB Management -- Tree Removal When ash trees die or decline they become hazards near boulevards, buildings, and play areas. Most dead trees and hazard trees will need to be removed. But strategic removal of trees before they die, whether they are infested or not, should also be a part of the city's EAB management strategy. Strategic removal helps spread out removal and replanting costs and may help slow the spread of EAB. The city should use four removal strategies: Remove trees that die. Some trees may not be detected early in the infestation process so they will be removed when they die. On boulevards and in landscaped area of parks, all dead ash trees should be removed. In natural areas, it will not be feasible to remove all dead ash trees and deadfall should be addressed on a site -by -site basis. On private sites, owners should remove dead trees that are hazardous to people or structures. Remove trees that are infested. A good detection program must be in place to use this removal strategy. Typically infestation centers are not detected for 3-5 years after insects arrive due to subtleties of initial signs in the tree. When an infested tree is identified, surrounding trees will need to be surveyed to determine the extent of infestation and the number of trees that will need to be removed. The city should consult with the MDA when infestations are initially identified. Remove trees preemptively based on health. Selective removal of public ash trees based on health condition should be a part of the city's EAB strategy. In order to use this strategy the city will have to complete a boulevard tree inventory, including health information for each tree. The city has this data for park trees. The ash trees that would be considered for removal include: a. Unhealthy trees—inventoried trees that have a condition rating of four or less (out of ten). b. Trees that are unsafe due to poor health or structure and are located where they are likely to damage people and/or property (hazard trees). c. Trees that are in conflict with utilities. d. Trees that are poorly located and/or require excessive maintenance. If several trees will be removed preemptively from a park or a neighborhood, the full site impacts should be considered prior to removal. 4. Remove trees preemptively in an area. Preemptive removal by area maybe appropriate in situations such as: a. When a large population of ash trees is near an existing infestation and there are a significant number of trees in poor condition. b. In conjunction with a public works project if the health of ash trees on a street would be negatively impacted by the project and make them more susceptible to EAB. c. In conjunction with adjacent cities or regional strategies to manage EAB. Packet Page Number 117 of 190 A priority removal list should be developed and revised regularly. In targeting trees for removal, the following should also be considered: 1. Proximity of ash tree removals to current infestation centers and their anticipated spread. 2. The number of trees in poor condition that are located near each other. 3. Spreading out removal costs over several years. VI – 4 EAB Management: Pesticide Treatment Insecticides are available for managing EAB. When timed appropriately, these treatments can create a toxic environment for the Emerald Ash Borer, killing dispersing adults as well as eggs and larvae. High value ash trees can be preserved from EAB with consistent treatments over time. There are two primary methods of pesticide application for EAB: soil drenching and trunk injection. In soil drenching, the insecticide is applied to the soil under the tree canopy and the tree roots take it in. In trunk injection, a hole is drilled into the tree trunk and the chemical is injected into the tissues under the bark. With either method, the chemical is dispersed throughout the tree. Emerald ash borers (and other insects) feeding on the tree ingest the chemical and are killed. The city has determined that it will not permit the use of pesticides to control Emerald Ash Borer on city land, including the right-of-way, due to negative environmental and health impacts. Appendix C includes references on EAB insecticides. Appendix D contains a memo and documentation from Maplewood's Environmental and Natural Resources Commission regarding the impacts of EAB insecticides. The city shall encourage property owners to carefully evaluate environmental impacts before using pesticides to treat EAB on private property. Owners that decide to use EAB pesticides are urged to use trunk injection rather than soil drenching, which will help reduce pesticide drift and reduce impacts to groundwater and surface water. VI -5 EAB Management: Biological Control The Minnesota Department of Agriculture considers biological control the best option of cost- effective, long-term management of EAB. In 2010, the MDA released wasps that kill EAB eggs or larvae in Houston County, in southeast Minnesota. This release will be monitored to determine its efficacy. The MDA plans to do a release in spring 2011 near the infestation in Minneapolis and St. Paul. Appendix E contains information on biological control for EAB. If biological control for EAB proves effective, the city should coordinate with the MDA for release of these biocontrol agents in Maplewood. VI – 6 EAB Management: Wood Disposal and Utilization EAB can spread through transportation of ash wood—in logs, tree waste, chips or fire wood. Restricting the movement of ash wood can help slow the spread of EAB. Ramsey County and selected counties in Minnesota are under an ash quarantine which prohibits movement of ash out of the county. The quarantine restricts movement of firewood of all deciduous species. Businesses that need to move the restricted items across county lines may apply for Compliance Agreement that indicates how they will treat the regulated articles to mitigate the spread of EAB. If large numbers of ash die, it is essential to look for ways to dispose of or utilize ash wood. Information continues to be published on potential markets for urban wood utilization. Possible uses for ash wood include fuel (biomass energy chips), mulch, pulpwood, and sawlogs. The city should :l Packet Page Number 118 of 190 identify local options for disposal and wood utilization. In addition, the city should seek partnerships with nearby cities for disposal and utilization. VI — 7 EAB Management: Replanting The loss of ash in our urban forest will have a visual and ecological impact. It is recommended that at least one tree be planted for every tree removed or lost to EAB. Increased diversity should be a key element in our replanting program. There are different models for boulevard tree diversity. For example, Dave Hanson from the University of Minnesota promotes the 10-20-30 rule: plant no more than 10% of any species, 20% of any genus, and 30% of any family. Prior to moving forward with replanting, the city should develop a Tree Master Plan that sets goals for our urban forest, ensures diversity of tree species within neighborhoods, identifies appropriate tree species, and addresses planting and care guidelines. Maplewood's Tree Rebate program provides a cost -share match for residents to plant trees on private land. It is recommended that the city continue funding this program and, if needed, adjust the program so it supports residents in replanting after ash removal. VII Education and Outreach Education and outreach are essential components of the EAB Management Plan. The city shall develop an EAB education and outreach program that: 1. Educates residents so they understand the threats of EAB, know what to look for, know what to do when they find EAB or a declining ash tree, understand replanting and care of trees, and can make informed decisions for ash trees on their property. 2. Educates parks and public works staff so they can recognize signs and symptoms of EAB infestation. 3. Uses diverse forums for education including: public programs, website, articles in city publications, handouts, public service announcements, etc. 4. Provides advance notification to a neighborhood or homeowner of ash tree management that will occur in their area. 5. Provides educational and other support to residents that wish to form neighborhood groups to detect and manage EAB in their neighborhood. 6. Develops partnership with groups such as Tree Care Advisors. VIII Ordinance and Policy City code should be reviewed and revised to account for EAB. Two sections of code in particular may need revision: 1. Section 38, Article I. This section prohibits planting in the public right-of-way. If we have major losses of boulevard trees our ordinance should allow for and encourage replacement. Staff and Community Design Review Board should review this policy and make recommendations to council. 2. Section 38, Article II. This section covers the city's tree disease inspection program. It allows the city to control and eliminate Dutch elm disease fungus and elm bark beetles and "other epidemic diseases of shade trees." It states that the city may enter properties to inspect for epidemic tree diseases. Property owners are required to abate trees that are declared a nuisance. This ordinance shall be revised to include emerald ash borer as a tree pest. In addition, guidelines shall be developed to identify appropriate abatement actions. For example, in the early stages of EAB infestation in Maplewood, the city may need to require that homeowners remove infested ash to Packet Page Number 119 of 190 help slow the spread. But, once EAB is widespread in the city, it may become impractical to require removal of all infested trees. In addition, the city should develop a Street Tree Master Plan and policy that addresses: 1. Goals for street trees; 2. Guidelines and design templates for species diversity; 3. List of appropriate species; 4. Guidelines for planting and care. IX Licencing/permitting As part of EAB management, the city should review requirements for tree contractors licensed in the city and determine whether revisions are necessary. X Funding Funding will be needed to implement the EAB management plan. Primary costs include: 1. Boulevard tree inventory (estimate: $25,000-$32,000); 2. City forester — increased hours for detection and inspection. Maplewood's city forester is contracted for 150-170 hours per year, primarily to inspect public and private properties for oak wilt and Dutch Elm disease. We will need a significant increase in forester hours once EAB is found in Maplewood. 3. Tree removal (staff or contractors); 4. Pesticide treatment of selected trees, if approved as part of the EAB plan (staff or contractors); 5. Education and public outreach (staff and city forester); 6. Replanting (staff, contractors, volunteers). Estimated cost for removal and replanting ash trees at Maplewood parks is $193,600 to $290,400. This is based on 484 ash trees, with removal costs of $200-$250 per tree and replanting costs of $200 to $350 per tree. While smaller trees establish well and catch up in size to larger trees in a few years, it is thought that planting larger trees on boulevards and in public places helps reduce vandalism and accidental injury of trees. When the sampling inventory of boulevard trees is completed in 2011, we will be able estimate removal and replanting costs for boulevard trees. Maplewood will need to secure funding for EAB management. 1. Grants. Currently there is no long-term grant funding dedicated to assisting communities in Minnesota to manage EAB. An initial round of grants was available for EAB planning and management. Maplewood will need to stay informed on grant opportunities. To be competitive, it will be helpful to strengthen the city's urban forestry program. Having an EAB plan, a tree inventory, and a street tree policy will all be looked at in a positive light. 2. General levy or fees. The city will likely need to use some general operating funds for EAB management and may need to consider additional fees. St. Paul proposed a 2% surcharge on right-of-way rates dedicated to EAB management. 3. City's tree fund. The city's tree fund could be used to complete the boulevard tree inventory and for some tree planting. But this funding will not go far, and its purpose is not to control tree disease and pests. 4. Tree donations. The funding package should also consider a tree donation program. Currently Friends of the Parks and Trails (St. Paul and Ramsey County) has tree donation and Tribute Tree programs that serve cities in Ramsey County, including Maplewood. Publicizing these programs, or Packet Page Number 120 of 190 creating our own donation program, will help provide plant material and funds for planting trees at parks. XI Summary of Actions Needed 1. Conduct inventory of boulevard trees. 2. Develop details for strategic removal and re-evaluate the plan frequently. 3. Develop strategies for disposal or utilization of ash. 4. Develop and provide educational and outreach materials for residents. 5. Educate staff in parks and public works to recognize EAB. 6. Implement program for volunteers to help detect EAB in Maplewood. 7. Review and revise tree disease ordinance to include EAB as a forest pest that should be controlled on private land. 8. Develop a Tree Master Plan that includes goals for street and park trees, guidelines for species diversity, lists of appropriate species, guidelines for planting and care. 9. Secure funding for EAB management. Appendices: A. Pest Alert — Emerald Ash Borer B. Do I Have EAB? C. EAB References D. Pesticide Impacts E. Biological Control for EAB F. What are other metro communities doing to manage EAB? Packet Page Number 121 of 190 7 P• United States Department of Agriculture Forest Service Northeastern Area State and Private Forestry NA -PR -02-04 Revised September 2008 A beetle from Asia, Agrilus planipennis Fairmaire (Coleoptera: Buprestidae), was identified in July 2002 as the cause of widespread ash (Fraxinus spp.) tree decline and mortality in southeastern Michigan and Windsor, Ontario, Canada. Larval feeding in the tissue between the bark and sapwood disrupts transport of nutrients and water in a tree, eventually causing branches and the entire tree to die. Tens of millions of ash trees in forest, rural, and urban areas have already been killed or are heavily infested by this pest. A. planipennis has been found throughout Michigan, across much of Ohio, and in parts of Indiana, Illinois, Maryland, Missouri, Pennsylvania, Virginia, West Virginia and Wisconsin. Infestations have also been found in more areas of Ontario and in the province of Quebec. The insect is likely to be found in additional areas as detection surveys continue. Evidence suggests that A. planipennis is generally established in an area for several years before it is detected. The broad distribution of this pest in the United States and Canada is primarily due to people inadvertently transporting infested ash nursery stock, unprocessed logs, firewood, and other ash commodities. Federal and state quarantines in infested states now regulate transport of these products. Identification Adult beetles are generally larger and brighter green (Fig. 1) than the native North American Agrilus species. Adults are slender, elongate, and 7.5 to 13.5 mm long. Males are smaller than females and have fine hairs, which the females lack, on the ventral side of the thorax. Adults are usually bronze, golden, or reddish green overall, with darker, metallic emerald green wing covers. The dorsal side of the abdomen is metallic purplish red and can be seen when the wings are spread (Fig. 2). The prothorax, the segment behind the head and to which the first pair of legs is attached, is slightly wider than the head and the same width as the base of the wing covers. Larvae reach a length of 26 to 32 mm, are white to cream -colored, and dorso -ventrally flattened (Fig. 3). The brown head is mostly retracted into the prothorax, and only the mouthparts are visible. The abdomen has 10 segments, and the last segment has a pair of brown, pincer -like appendages. Biology A. planipennis generally has a 1 -year life cycle. In the upper Midwest, adult beetles begin emerging in May or early June. Beetle activity peaks between mid June and early July, and continues into August. Beetles probably live for about 3 weeks, although some have survived for more than 6 weeks in the laboratory. Beetles generally are most active during the day, particularly when it is warm and sunny. Most beetles appear to remain in protected locations in bark crevices or on foliage during rain or high winds. Throughout their lives beetles feed on ash foliage, usually leaving small, irregularly shaped patches along the leaf margins. At least a few days of feeding are needed before beetles mate, and an additional 1 to 2 weeks of feeding may be needed before females begin laying eggs. Females can mate multiple times. Each female probably lays 30-60 eggs during an average lifespan, but a long-lived female may lay more than 200 eggs. Eggs are deposited individually in bark crevices or under bark flaps on the trunk or branches, and soon darken to a reddish brown. Eggs hatch in 7 to 10 days. After hatching, first instar larvae chew through the bark and into the phloem and cambial region. Larvae feed on phloem for several weeks, creating serpentine (S-shaped) galleries packed with fine sawdust -like frass. As a larva grows, its gallery becomes progressively wider (Fig. 4). Beetle galleries often etch the outer sapwood. The length of the gallery generally ranges from 10 to 50 cm. Feeding is usually completed in autumn. Prepupal larvae overwinter in shallow chambers, roughly 1 cm deep, excavated in the outer sapwood or in the bark on thick -barked trees. Pupation begins in Figure 1. Adult emerald ash borer. Figure 2. Purplish red abdomen on adult beetle. Figure 3. Second, third, and fourth stage larvae. Figure 4. Gallery of an emerald ash borer larva. Packet Page Number 122 of 190 Figure 5. D -shaped hole where an adult beetle emerged. Figure 6. Jagged holes left by woodpeckers feeding on larvae. Figure 7. Ash tree killed by emerald ash borer. Note the serpentine galleries. Figure 8. Epicormic branching on a heavily infested ash tree. late April or May. Newly eclosed adults often remain in the pupal chamber or bark for 1 to 2 weeks before emerging head -first through a D -shaped exit hole that is 3 to 4 mm in diameter (Fig. 5). Studies in Michigan indicate 2 years may be required for A. planipennis to develop in newly infested ash trees that are relatively healthy. In these trees, many A. planipennis overwinter as early instars, feed a second summer, overwinter as prepupae, and emerge the following summer. In trees stressed by physical injury, high A. planipennis densities, or other problems, all or nearly all larvae develop in a single year. Whether a 2 -year life cycle will occur in warmer southern states is not yet known. Distribution and Hosts A. planipennis is native to Asia and is found in China and Korea. It is also reported in Japan, Mongolia, the Russian Far East, and Taiwan. In China, high populations of A. planipennis occur primarily in Fraxinus chinensis and F. rhynchophylla, usually when those trees are stressed by drought or injury. Other Asian hosts (F. mandshurica var. japonica, Ulmus davidiana var. japonica, Juglans mandshurica var. sieboldiana, and Pterocarya rhoifolia) may be colonized by this or a related species. In North America A. planipennis has attacked only ash trees. Host preference of A. planipennis or resistance among North American ash species may vary. Green ash (F. pennsylvanica) and black ash (F. nigra), for example, appear to be highly preferred, while white ash (F. americana) and blue ash (F. quadrangulata) are less preferred. At this time all species and varieties of native ash in North America appear to be at risk from this pest. Signs and Symptoms It is difficult to detect A. planipennis in newly infested trees because they exhibit few, if any, external symptoms. Jagged holes excavated by woodpeckers feeding on late instar or prepupal larvae may be the first sign that a tree is infested (Fig. 6). D -shaped exit holes left by emerging adult beetles may be seen on branches or the trunk, especially on trees with smooth bark (Fig 5). Bark may split vertically over larval feeding galleries. When the bark is removed from infested trees, the distinct, frass-filled larval galleries that etch the outer sapwood and phloem are readily visible (Fig. 4 and Fig. 7). An elliptical area of discolored sapwood, usually a result of secondary infection by fungal pathogens, sometimes surrounds galleries. As A. planipennis densities build, foliage wilts, branches die, and the tree canopy becomes increasingly thin. Many trees appear to lose about 30 to 50 percent of the canopy after only a few years of infestation. Trees may die after 3 to 4 years of heavy infestation (Fig. 7). Epicormic shoots may arise on the trunk or branches of the tree (Fig. 8), often at the margin of live and dead tissue. Dense root sprouting sometimes occurs after trees die. A. planipennis larvae have developed in branches and trunks ranging from 2.5 cm (1 inch) to 140 cm (55 inches) in diameter. Although stressed trees are initially more attractive to A. planipennis than healthy trees are, in many areas all or nearly all ash trees greater than 3 cm in diameter have been attacked. For more information on the emerald ash borer and related topics. • Visit the following Web sites: Multi -agency Emerald Ash Borer Web Site: www.emeraldashborer.info USDA Forest Service: www.na.fs.fed.us/fhp/eab/ USDA Animal and Plant Health Inspection Service: www.aphis.usda.gov/plant—health/ Contact your state Department of Agriculture, State Forester, or Cooperative Extension Office. mpg& Published by: USDA Forest Service Northeastern Area State and Private Forestry Newtown Square, PA 19073 www.na.fs.fed.us Federal Recycling Program %0 Printed on recycled paper. Prepared by: Deborah G. McCullough, professor, Departments of Entomology and Forestry, Michigan State University Noel F. Schneeberger, Forest Health Program leader, and Steven A. Katovich, forest entomologist, Northeastern Area State and Private Forestry, USDA Forest Service Photo credits: David L. Cappaert and Howard Russell, Michigan State University, www.forestryimages.org Steven A. Katovich, USDA Forest Service, www.forestryimages.org Edward Czerwinski, Ontario Ministry of Natural Resources, www.forestryimages.org USDA is an equal opportunity provider and employer. Packet Page Number 123 of 190 MINNESOTA EPART E T 625 Robert St. N., St. Paul, MN 55155-2538 OF AGRICULTURE www.mda.state.mn.us Do I Have Emerald Ash Borer (EAB)? UN1VFRSfTY OF'VNNF50TA In accordance with the Americans with Disabilities Act, an alternative form of communication is availpa u o re u C. ctsheet.indd TDD: 1-800-627-3529. MDA is an equal opportunity employer and provider. �aCk�'t ag`� �IUm+PqV"fJJ f@ I think my ash tree may be infested with Emerald Ash Borer. Go to step #3 1 suspect I have seen an Emerald Ash Borer. Go to step #5 i Review this guide Is my tree an ash? www.mda.state.mn.us/news/publications/ext/ashtreeid.pdf If yes, go to step #4 If no, go to step #7 Does my ash tree have symptoms Review this guide of Emerald Ash borer? www.emeraldashborer.info/files/E-2938.pdf If yes, go to step #5 If no, go to step #7 Are the symptoms or insects EAB Review these guides look-alikes? www.mda.state.mn.us/news/publications/ext/eablookalikes.pdf OR www.mda.state.mn.us/sitecore/content/Global/DADocs/ If yes, go to #7 pestsplants/eab/eabreference.aspx If no, go to #6 www.forestry.umn.edu/extension/index.htmI It could be EAB. Contact the U of M Forest Resources Extension tofind nd an EAI First Detector near you: trecin f)(i utrrn. e€lu or 612-624-3020 www.extension.umn.edu/gardeninfo/diagnostics/ It isn't EAB; so, what is it? deciduous/ash/index.html Visit the University of Minnesota Extension "What's Wrong With My Plant" website to diagnose the problem. In accordance with the Americans with Disabilities Act, an alternative form of communication is availpa u o re u C. ctsheet.indd TDD: 1-800-627-3529. MDA is an equal opportunity employer and provider. �aCk�'t ag`� �IUm+PqV"fJJ f@ Appendix C: EAB References General EAB information www.emeraldashborer.info www.extension.umn.edu/distribution/horticulture/M1242.html www.dnr.state.mn.us/invasives/terrestrialanimals/eab/slideshow.html Minnesota Department of Agriculture: General: www.mda.state.mn.us/plants/pestmanagement/eab.aspx Management strategies: www.mda.state.mn.us/plants/pestmanagement/eab/eabstrategies.aspx Quarantine information: www.mda.state.mn.us/en/plants/pestmanagement/eab/quarantinefag.aspx Biocontrol: www.mda.state.mn.us/plants/pestmanagement/eab/biocontroIinsemn.aspx Insecticides for EAB: 16 -page guide: www.emeraIdashborer.info/files/multistate EAB Insecticide Fact Sheet.pdf Environmental impacts of Imidacloprid: www.sierraclub.ca/national/programs/health- environment/pesticides/imidacloprid-fact-sheet.shtml Impacts: www.emeraIdashborer.info/files/Potential Side Effects of EAB Insecticides FAQ.pdf Homeowner guide: www.mda.state.mn.us/en/plants/pestmanagement/–/media/Files/plants/eab/eabtreatmentguide 2.ashx Note—Commissioner Ginny Yingling has assembled several technical articles on EAB insecticides and staff can make these available. Packet Page Number 125 of 190 Appendix D: 4/18/11 Memo from Environmental and Natural Resources Commission To: Maplewood City Council From: Maplewood Environmental and Natural Resources Commission Date: April 18, 2011 Re: Concerns regarding use of chemical treatment to address potential Emerald Ash Borer infestations. At its March 2011 meeting, the Maplewood Environmental and Natural Resources Commission passed a resolution strongly urging the City Council not to allow the use of chemical treatments on ash trees owned by the city as part of its Emerald Ash Borer (EAB) strategy. This decision was based on several lines of reasoning: 1. Such treatments, once begun, must continue for the life of the tree, at potentially considerable expense to the city. 2. Damage to the trees as a result of injecting the chemicals (the environmentally "preferred" approach) is likely to reduce the life of the trees anyway. 3. Financial resources used for treatment would be better spent in mitigation strategies, such as thinning of ash trees on city property and boulevards to reduce the overall coverage of this species (thereby making the larger forest "less attractive" for EAB) and pre-emptive replacement with other tree species. 4. Chemical treatments may postpone, but ultimately likely will not prevent the loss of many ash trees; but chemical treatments come with potentially high environmental costs. It is these environmental costs that we have outlined in greater detail for you below (and describe in even greater detail with supporting documentation in the attached document). The two most likely chemicals to be used against EAB are imidacloprid (IM) and emamectin benzoate (EB). Both of these chemicals are highly toxic to various beneficial insects and have known and potential environmental consequences that, in our opinion, make them undesirable for use in our city: Imidacloprid (IM) 1. IM is extremely toxic to honeybees and high concentrations of IM are found by researchers in sap, pollen, and nectar of treated plants. Short-term exposure to as little as 5 nanograms (one -billionth of a gram) results in 50% mortality among honeybees. 2. While pollination by bees is not important for ash trees, in the upper Midwest the pollen from ash trees constitute nearly 40% of bees' pollen source in April, when other sources are not yet available. 3. Studies linking IM to collapse of honeybee populations in Europe has led Italy, France and Germany to ban it and the EU to schedule it's phasing out. 4. IM is also very toxic to beneficial predator insects such as ladybird beetles and lacewings, to aquatic insects such as mayflies and caddisflies, and to earthworms. Packet Page Number 126 of 190 5. Studies suggest IM's use in trees may actually promote infestations by unwanted insects, such as spider mites. These studies indicate such infestations are due not only to the elimination of beneficial insects that prey on the mites, but also as a result of the chemicals causing greater egg production by the mites themselves. 6. Leaves from systemically treated ash and maple trees were found to inhibit feeding of decomposer organisms, such as earthworms and aquatic invertebrates. 7. IM is highly soluble so it is found in runoff from agricultural fields, in streams, and groundwater throughout North America. 8. At concentrations found in the environment, aquatic insect communities show reduced populations and biodiversity. 9. Once applied to a tree, either by soil drench or injection, IM is quickly detectable in leaves, sap, and pollen, where non -target species may be exposed to significant concentrations. 10. The breakdown products, or metabolites of IM, are often more toxic than IM itself. Emamectin benzoate (EB) 1. EB is extremely toxic to butterflies and moths and does not distinguish between "good" and "bad" species. Studies have shown it is 20- to 64,000 -times more toxic to butterfly and moth catepillars than other pesticides used on the same crops as EB. 2. EB is used in agriculture as a topical (spray) treatment on a variety of crops because it has been found to be relatively less toxic to non -target insects than other pesticides (other than moths and butterflies). However, when sprayed onto plants, EB degrades rapidly in sunlight limiting exposure of non -target species. No studies were found evaluating EBs toxicity as a systemic pesticide, so it is not known what kind of exposures or affects would be experienced by non -target species when EB is used in this manner. 3. EB is also used to kill parasitic sea lice in fish farms. Studies indicate it may act as an endocrine disruptor, causing early induction of molting in lobsters and other crustaceans. Would the same be true in crawfish? There is no information. 4. EB appears to be moderately toxic to freshwater fish such as bluegill, trout and fathead minnow. 5. EB is very toxic to marine copepods, but there is no information regarding how it would affect freshwater invertebrates. 6. EB tends to bind to soil or sediment particles, making it less likely to leach to groundwater, but also making it very persistent in soil. Also, runoff carrying soil particles could carry EB to surface waters. 7. The biggest concern is the lack of information about EB as a systemic pesticide and its potential impacts in terrestrial and freshwater ecosystems. Pesticides such as IM and EB have gained favor because of their apparent low toxicity to mammals, including humans. We believe this is short-sighted. Our health and quality of life depends upon the integrity of the ecosystems in which we live. From our perspective the loss of certain insect species may seem inconsequential; from the perspective of the larger system it can be devastating. Upsetting the delicate balance between predator and prey, plants and pollinators, detritus and decomposers is often considered by us to be a regrettable, but remote effect on the "lowest orders" of the animal world. In fact, it is akin to chipping away at the foundation of our home. Packet Page Number 127 of 190 Given the potential impacts of these chemicals on our environment (and in the case of EB the gaping holes in our knowledge regarding its potential impacts), we urge the city council to not allow the use of them on trees in our city. While chemical treatments may provide a short-term fix to the EAB problem, we believe the city would be better served by taking a holistic view of our environment that considers the indirect consequences of these toxic chemicals and adopt a long-term, preventative approach through strategic management of our forests. Packet Page Number 128 of 190 Environmental Fate and Ecological Toxicity of Chemicals Proposed for Emerald Ash Borer Treatments Prepared for the Maplewood Environmental and Natural Resources Commission by commission member, Ginny Yingling. April 17, 2011. Imidacloprid Imidacloprid (IM) is a nicotine mimic that produces toxicity by binding to and over -stimulating certain neuron receptors, disrupting the nervous system. It binds much more readily to these receptors in invertebrates than vertebrates, giving it a higher margin of safety for humans. In insects, the disruption of the nervous system results in modified feeding behavior, paralysis and subsequent death (Mullins, 1993). IM is used against a wide variety of insect pests, including Asian longhorn beetles (maple trees), potato beetle, cockroaches, fleas on domestic pets (Advantage®), termites, turf insects, etc. While it only moderately toxic to mammals and fish, it is extremely toxic to non -target beneficial organisms, such as honeybees and earthworms (Zang, et al., 2000; Luo, 1999), and important predator insects, including ladybird beetles and lacewings (Kaakeh, et al., 1996; Mizell and Sconyers, 1992). Some studies have also shown that treatment with IM may result in infestations by other, unwanted insects, such as spider mites (James and Price, 2002; Raupp, et al., 2004; Sclar, et al, 1998). These infestations are promoted not only by the reduction or elimination of beneficial predator insects, but also by increased spider mite egg production resulting from their exposure to IM (James and Price, 2002). IM is highly water soluble and does not bind readily to soil particles (Fossen, 2006), so it may readily leach into groundwater. It is quite persistent in the environment, degrading quite slowly in water (half-life' = 31-46 days; Kidd and James, 1991; Tomlin, 1997) and soil (half-life = 69 — 997 days; Sarkar, et. al., 1999; Gupta, et al., 2002; Roberts and Hutson, 1999). However, when exposed to sunlight IM has a short (3 hour) half-life in surface water (Moza, et al, 1998; Wamhoff, et al., 1999), so it is less likely to be found in surface waters than groundwater. Yet, despite its rapid degradation in sunlight, investigators report detecting concentrations of 0.2, 0.4, and 1.0 parts per billion (ppb) in streams in New York, New Brunswick and Florida, respectively. Concentrations as high as 11.9 ppb have been detected in runoff from agricultural fields in Canada (CCME, 2007). IM has been detected in the groundwater in New York at concentrations up to 6.69 ppb (US EPA, 2003). Several IM breakdown products have been shown to be of equal or greater toxicity than the parent compound (Nauen et al, 1998). Despite its environmental persistence and presence in waters, very little is known about IM's long-term chronic and short-term "pulse" effects on non -target aquatic organisms. However, in studies by Kreutzweiser, ' A half-life is the time it takes for half of the mass of a contaminant to degrade. Packet Page Number 129 of 190 et al. (2007 and 2008), leaves from ash and maple trees treated with IM at typical field rates contained 0.8 — 1.3 and 3-11 parts per million (ppm) IM, respectively. The leaves were then added to aquatic and forest microcosms to evaluate the effect on leaf -shredding insects. While there appeared to be no effect on the invertebrates' survival rates, the 1.3 ppm and higher concentrations caused significant feeding inhibition among aquatic insects and earthworms, as well as measurable weight loss in the earthworms. IM applied directly to the water of the aquatic microcosms, to simulate leaching from soils, was at least 10 -times more toxic to aquatic insects than the IM in the leaves, with high mortality at 0.13 ppm and significant feeding inhibition at 0.012 ppm. Pestana, et al. (2009) found that both the abundance and biodiversity of aquatic bottom -feeding invertebrates was reduced by exposure to IM at concentrations of 2 and 20 ppb. They also note that IM is toxic to other aquatic insects, such as caddisflies and mayflies. Mayflies are particularly sensitive with 50% of the mayflies dying within 24- and 96-hrs of being exposed to 2.1 and 0.65 ppb IM, respectively. Premature maturation and emergence of mayflies, and impaired reproductive fitness, occurred when they were exposed to pulses of IM at concentrations of as little as 0.1 ppb (Alexander, et al., 2007 and 2008). IM rapidly moves through plant tissues after applications and can be present in detectable concentrations in the leaves, vascular fluids (sap) and pollen. Studies have shown plants grown from seeds treated with IM can have significant concentrations (up to 15 ppm in leaves of young seedlings, up to 13 ppb in pollen) of IM in their sap, pollen, flowers, and leaves (Laurent and Rathahao, 2003; Rouchaud, et al, 1994; Bonmatin, et al., 2005; Westwood, et al, 1998). As a result, many non -target insects, such as honey bees, parasitic wasps, and predaceous ground beetles sensitive to IM may be exposed as they forage for sap, pollen and nectar or feed on other insects that have been exposed. Bees are particularly sensitive to IM. Pollen constitutes the only protein source for a beehive, and its contamination can induce both contact- and oral -intoxication. Fifty percent of bees will die if they ingest just 5 nanograms' (ng) of IM over a short period of time (acute exposure), or just 0.01— 1 ng over a longer period of time (chronic exposure). These values are often referred to as the LD -50, or the amount of a toxin that is a "lethal dose" (LD) to 50% of the exposed organism (Suchail, et al, 1999). When bees forage for nectar, they often become coated with pollen. The LD -50 for simply coming into contact with IM contaminated pollen is 24 ng of IM (Suchail, et al, 1999). Even if the use of IM is of short duration (spring applications), the exposure for bees in chronic, as both bees and their larvae feed on the stocked contaminated pollen and nectar, especially in the winter and early spring (Bonmatin, et al., 2005). Low doses of IM and IM -metabolites also negatively affect honeybee foraging and learning behavior (Decourtye et al, 2003 and 2004). Perhaps the most compelling evidence for the toxicity of systemic IM on honeybees is an online video at http://www.youtube.com/watch?v=e8Nsn4KviwM . In this video, researchers compare the effects on 2 A nanogram is one billionth of a gram Packet Page Number 130 of 190 honeybees of feeding them sap expressed from the blade tip of corn seedlings grown from IM -treated and untreated seeds. The bees fed the sap from the treated seedlings died within 2 to 5 minutes. As use of IM as a seed -dressing formulation for various crops has increased, researchers have noted a coincidental sudden and drastic decline in honeybee populations and honey production in Europe (Colin, et al., 2004). While a conclusive link has not been made, it is suspected that IM has played a major role in these declines (Bonmatin, et al, 2005) and has led several individual nations (Italy, France, Germany) and the EU to ban or phase-out the use of IM. It is often noted that ash trees largely pollinate by airborne dispersion of their pollen, and therefore do not rely heavily on bees for their pollination, suggesting that bee exposure to ash pollen (and any IM it may contain) may be minimal. However, ash trees are one of the earliest flowering trees in the upper Midwest and bees rely heavily on them as a source of food when they first begin foraging in the spring. In fact, in a PhD thesis from Wisconsin, Severson (1978) reports that ash pollen may constitute as much as 39% of the bee's pollen source in mid-April. Emamectin Benzoate Emamectin benzoate (EB) belongs to a class of pesticides called avermectins, which disrupt the transmission of nerve impulses, resulting in paralysis and death of the target organisms. Recent studies also suggest that EB has the ability to induce premature molting in insects, suggesting it is also an endocrine disruptor (Bright, et al., 2005). Avermectins are broad spectrum toxicants for nematodes and insects. EB was developed as a lepidoptericide, so it is extremely toxic to moths and butterflies. A Canadian study found EB is also toxic to green algae at relatively low concentrations (3.9 ppb; OPP, 2000). It also appears to be moderately toxic to freshwater fish, such as bluegill, trout, and fathead minnow, with LC -503 values of 180, 174, and 194 ppb in water, respectively (OPP, 2000). Irreversible, toxic effects on marine copepods were observed at water concentrations as low as 0.12 ppb and significant reduction in egg production was observed at 0.158 ppb (Willis and Ling, 2003). EB appears to be relatively non-toxic for birds and mammals (Bright, et al, 2005). In the environment, EB tends to bind to soil or sediment particles (SPAH, 2002), making it less likely than IM to leach into the groundwater, but more likely to be washed into surface water with runoff carrying sediment. Studies have shown it to have a half-life in soil of 174 — 427 days (the lower the oxygen levels in the soil, the longer EB persists). EB is very stable in water, although if exposed to sunlight it has a half-life of 1.4 — 22 days (Bright, et al, 2005). EB has been used as a topical (spray) treatment in a wide variety of agricultural crops such as cotton, tobacco, cabbage, potatoes, etc. where it is used primarily to kill "chewing and sucking pests", such as aphids, leafhoppers, tobacco budworms, southern armyworm, potato beetle, and whiteflies. Its agricultural uses have s LC -50, the 50% lethal concentration, is similar to LD -50, but refers to the concentration (rather than dose) of a toxin in water, soil, or food, at which 50% of exposed organisms will die. Packet Page Number 131 of 190 increased in recent years because it is relatively less harmful to beneficial insect species than other avermectins when applied as a spray (Sechser, et al., 2003; Lasota and Dybas, 1991). However, no studies were found evaluating the effects of EB when used as a systemic pesticide. In recent years, EB has been used to kill parasitic sea lice which infect salmon in fish farms. Studies have indicated that the high doses found in fish feed and feces beneath the fish pens may have adverse effects on the molting cycle and reproductive success of lobsters (Waddy, et al., 2010). This may have implications for the development and subsequent reproduction of other crustaceans (such as freshwater crawfish), beneficial insects, and other invertebrates, but no studies have been done to evaluate this. EB has also been detected in blue mussels up to 100 m from the fish pens, but it does not appear to persist in them once the source has been removed (Telfer, et al., 2006). No studies were found to have been conducted on freshwater bivalves to determine whether they would be similarly affected if exposed to EB. The main concern surrounding EB is the lack of information regarding how it will behave when used as a systemic pesticide in trees (or other plants) and the general absence of information regarding its effects on freshwater organisms. References cited: Alexander, AC., Culp, MN, Liber, K. and Cessna, AJ (2007) Effects of insecticide exposure on feeding inhibition in mayflies and oligochaetes. Env. Toxicol. & Chem., 26:1726-1732. Alexander, AC., Heard, KS, and Culp JM (2008) Emergent body size of mayfly survivors. Freshwater Biol., 53:171-180. Bonmatin, JM, et al. (2005) Quantification of imidacloprid uptake in maize crops. Jour. Agric. Food Chem., 53:5336-5341. Bright, DA and Dionne, S. (2005) Use of Emamectin Benzoate in the Canadian Finfish Aquaculture Industry: A Review of Environmental Fate and Effects. Prepared for Environment Canada. March 2005. Burridge, L.E., et al. (2004) Acute toxicity of emamectin benzoate (SLICE) in fish feed to American lobster, Homarus americanus. Aquacult. Res., 35:713-722. CCME (2007) Canadian Water Quality Guidelines: Imidacloprid. Scientific Supporting Document. Canadian Council of Ministers of the Environment, Winnipeg. Conlin, M.E., et al. (2004) Qunatitative analysis of the foraging activity of honeybees: relevance to the sub- lethal effects induced by systemic insectides. Archive Environ. Contam. Toxicol., 47:387-395. Decourtye, A., Lacassie, E. and Pham-Delegue, MH (2003) Learning performances of honeybees (Apis mellifera L.) are differentially affected by imidacloprid according to the season. Pest Management Sci., 59:269-278. Packet Page Number 132 of 190 Decourtye, A., Devillers, J., Cluzeau, S., Charreton, M. and Pham-Delegue, MH (2004) Effects of imidacloprid and deltamethrin on associative learning in honeybees under semi -field and laboratory conditions. Exotoxicol. Environ. Safety, 57:410-419. Fossen, M (2006) Environmental Fate of Imidacloprid. Department of Pesticide Regulation, Sacramento, CA. April 2006. Gupta, S., et al (2002) Leaching behavior of imidacloprid formulations on soil. Bull. Environ. Contam. Toxicol., 68:502-508. James, DG and Price, TS (2002) Imidacloprid Boosts TSSM Egg Production. Agrichem. & Env. News, Issue 189. Washington State Univ. Extension Service. Kaakeh, N., Kaakeh, W, and Bennet, G (1996) Topical toxicity of imidacloprid, fipronil, and seven conventional insecticides to the adult convergent lady beetle (Coleoptera: Coccinellidae). Jour. Of Entomol. Sci, 31(3): 315- 322. Kidd H. and James DR (1991) The Agrochemicals Handbook, Third Ed. The Royal Society of Chemistry. Unwin Brothers Ltd., Old Woking, Surrey, UK. Kreutzweiser, D., Good, K., Chartrand, D., Scarr, T., and Thompson, D. (2007) Non -target effects on aquatic decomposer organisms of imidacloprid as a systemic insecticide to control emerald ash borer in riparian trees. Ecotoxicol. Env. Safety, 68:315-325. Kreutzweiser, DP, Good, KP, Chartrand, DT, Scarr, TA, and Thomspon, DG (2008a) Are leaves that fall from imidicloprid-treated maple trees to control Asian longhorned beetles toxic to non -target decomposer organisms? Jour. Env. Quality, 37:639-646. Kreutzweiser, DP, Thomspon, DG, and Scarr, TA (2008b) Imidicloprid in leaves from systemically treated trees may inhibit litter breakdown by non -target invertebrates. Ecotoxicol. & Env. Safety, 72:1053-1057. Kreutzweiser, et al. (2008c) Toxicity of the Systemic Insecticide, Imidacloprid, to Forest Stream Insects and Microbial Communities. Bulletin of Environmental Contaminant Toxicology, 80:211-214. Lasota, JA and Dybas, RA (1991) Avermectins, a novel class of compounds: Implications for use in arthropod pest control. Ann. Rev. of Entomol., 36:91-117. Laurent, FM and Rathahao, E. (2003) Distribution of C14 imidacloprid in sunflowers (Helianthus annuus L.) following seed treatment. Jour. Agric. Food Chem., 51:8005-8010. Luo, Y. (1999) Toxicological study two novel pesticides on earthworm, Eisenia foetida. Chemosphere, 39:2347- 2356. Packet Page Number 133 of 190 Mizell, RF and Sconyers, MC (1992) Toxicity of imidacloprid to selected arthropod predators in the laboratory. Florida Entomol., 83:1806-1812. Moza, PN, Hustert, K., Fesicht, E. and Kettrup A. (1998) Photolysis of imidacloprid in aqueous solution. Chemosphere. 36(3):497-502. Mullins, JW (1993) Imidacloprid: A new nitroguanidine insecticide. Am. Chem. Soc. Symposium Series 5240097-6156. Nauen, RK, Tietjen, K., Wagner, K. and Elbert, A. (1998) Efficacy of plant metabolites of imidacloprid against Myzus persicae and Aphis gossypii (Homoptera: Aphididae). Pestic. Sci., 52:53-57. OPP, 2000 Pesticide Ecotoxicity Database (Formerly: Environmental Effects Database (EEDB). Data retrieved from USEPA Ecotox database. Office of Pesticides Program. Pestana, J., et al. (2009) Structural and functional responses of benthic invertebrates to imidacloprid in outdoor stream mesocosms. Env. Pollution (2009). Raupp, MJ, Webb, RE, Szczepaniec, A., Booth, D., and Ahern, R. (2004) Incidence, Abuncance and Severity of Mites on Hemlocks Following Applications of Imidacloprid. Jour. of Arboriculture, 30(2):108-113. Roberts, TR and Hutson, DH (eds) (1999) Chlorpyrifos. In: Metabolic Pathways of Agrochemicals, Part 2. The Royal Soc. of Chem., Cambridge, UK, pp 234-242. Sarkar, MA, et al (1999) Effect of pH and type of formulation on the persistence of imidacloprid in water. Bull. Environ. Contam. Toxicol., 63:604-609. Rouchaud, J., Gustin F., and Wauters, A. (1994) Soil biodegradation and leaf transfer of insecticide imidacloprid applied in seed dressing in sugar beet crops. Bull. Environ. Contam. Toxicol., 53(3): 344-350. Sclar, D.C., Gerace, D., and Cranshaw, W. S. (1998) Observations of Population increases and injury by spider mites (Acari: Tetranychidae) on Ornamental Plants Treated with Imidacloprid. Jour. Econ. Entomol., 91(1):250- 255. Sechser, B., Ayoub, S., and Monuir, N. (2003) Selectivity of emamectin benzoate to predators of sucking pests on cotton. Jour. of Plant Disease and Protection, 110(2):184-194. Severson, DW (1978) Pollen Gathering by Honey Bees in LaCrosse County, Wisconsin. Thesis submitted to the faculty of the University of Wisconsin. September 1978. SPAH, 2002 Potential environmental impacts of emamectin benzoate, formulated as Slicer', for salmonids. Technical Report. 36 pp. Schering-Plough Animal Health. Suchail, A, Guez, D., and Belzunces, LP (1999) Discrepancy between acute and chronic toxicity induced by imidacloprid and its metabolites in Apis mellifera. Environ. Toxicol. Chem., 20(11): 2482-2486. Packet Page Number 134 of 190 Telfer, T.C., et al. (2006) Environmental effects of the anti -sea lice (Copepoda: Caligidae) therapeutant emamectin benzoate under commercial use conditions in the marine environment. Aquaculture, 260: 163- 180. Tomlin, C (1997) The pesticide manual: Incorporating the agrochemicals handbook, 101h ed. British Crop Protection Council, Farnham, Surrey, UK. U.S. EPA (2003) Imidacloprid; Pesticide Toerances. Fed. Regist. 68:35303-35315 [Online]. Available at http://www.epa.gov/fedrgstr/EPA-PEST/2003/June/Day-13/pl4880.htm (as cited in Fossen, 2006; verified 1- 11-06). US EPA, Washington, DC. Waddy. SL, Merritt, VA, Hamilton -Gibson, MN, and Aiken, DE (2010) Effect of emamectin benzoate on the molt cycle of ovigerous American lobsters Homarus americanus is influenced by the dosing regimen. Aquatic Biol., 11:47-52. Wamhoff, H. and Schneider, V. (1999) Photodegradation of imidacloprid. Jour. Agric. Food Chem., 47(4):1730- 1734. Westwood, F., Bean, K., Dewar, A., Bromilow, R., and Chamberlain, K. (1998) Movement and persistence of [14C] imidacloprid in sugar -beet plants following application to pelleted sugar -beet seed. Pesti. Sci., 52(2):97- 103. Willis, KJ and Ling, N. (2003) The toxicity of emamectin benzoate, an aquaculture pesticide, to planktonic marine copepods. Aquaculture, 221:289-297. Zang, Y., et al. (2000) Genotoxicity of two novel pesticides for the earthworm, Eisenia foetida. Environ. Pollut., 108:271-278. Packet Page Number 135 of 190 Appendix E: Biological Control The following text is from the Minnesota Department of Agriculture website, 3/4/11: Biological control (biocontrol) is the best option for cost-effective, long-term EAB population reduction. A variety of insecticides are available to treat individual, high-value ash trees. Cost and logistical considerations make these treatments impractical on a large scale. Biocontrol, already used successfully to fight some weed and insect pests in Minnesota, is considered the only feasible large-scale tool for combating EAB. Biocontrol reunites a target pest with the insects or diseases that control the pest in its native range. In this case, tiny, stingless wasps that control EAB in Asia are released to reduce EAB damage. Prior to their use, biocontrol organisms are thoroughly tested to ensure they will not harm humans, native plant and animal species, or the environment. USDA rears three species of wasps as biocontrol agents for EAB. Two species kill EAB larvae. Tetrastichus planipennisi adults find and insert their eggs into EAB larvae. Spathius agrili behaves similarly except that the wasp eggs and developing wasps are attached to the outside of the EAB larvae. The developing wasps feed on and eventually kill the EAB larvae. Egg parasitoid, Oobius agrili, adults insert their eggs into EAB eggs on ash bark. The developing wasps feed on and destroy the eggs. Packet Page Number 136 of 190 Appendix F: What Are Other Metro Communities Doing to Combat EAB? Below are notes compiled in March 2011 regarding what nearby communities are doing to manage EAB. Saint Paul • Removed all infested ash trees from initial infestation • Created trap trees to monitor EAB population (destructive sampling of ash) • Structured removal of full blocks of declining ash • 2011: some pesticide treatment in infested areas • 2011: residents will be allowed to hire licensed contractors to treat boulevard trees via trunk injection Minneapolis • Removed all infested trees • Trunk injection of select park trees • 2011: release of biological near infestation Ramsey County • Removing 300 trees • Trunk injection of 1600 trees in county parks/golf courses Woodbury • EAB plan presented to council March 2011 • Ordinance will be updated to include EAB • Not recommending chemical treatment at this time • Council will determine whether or not to do preemptive removals Cottage Grove • Plans for trunk injection of 3000 blvd ash trees • Plan calls for removal of 50-150 ash per year depending on several factors, including costs • Plan calls for removal and replacement of approximately 1000 of their 4000 boulevard ash trees over 12 years • Possible structured removal of poorer quality public ash trees depending on funding Roseville • City council approved EAB plan in fall of 2010 • $100,000 budgeted for EAB, plus received $50,000 grant • Each year will remove some ash that are in poor condition • Will treat some ash trees considered significant • Residents may treat boulevard ash trees if they apply for a permit and use a licensed city contractor • Updating disease ordinance to include ash North Saint Paul • Allowing residents to register boulevard ash trees they would like to have treated with the city • Planning on some structured removal Packet Page Number 137 of 190 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 138 of 190 Agenda Item J1 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager SUBJECT: Consider Approval of the Tax -Increment Financing Development Agreement for The Shores Seniors Living Facility LOCATION: 940 Frost Avenue DATE: May 3, 2011 INTRODUCTION The city's bond council, Briggs and Morgan, P.A., has prepared the Development Agreement between the City of Maplewood and the developer, Maplewood Senior Living, LLC, for the terms of the approved tax -increment financing development agreement for the construction of The Shores senior living development. City staff and the developer have agreed to the terms of this agreement. Staff is requesting city council approval of this document. BACKGROUND On August 9, 2010, the city council approved the following for The Shores Senior Living development: • The TIF Housing district for this development • The planned unit development • A wetland buffer variance • A lot division • The design plans The proposed agreement implements the specifics of the tax increment plan adopted by the city council on August 9, 2010. The tax increment financing is a `pay-as-you-go' reimbursement to the developer for the full term of `25 plus one' years up to maximum amount of $2.2 million plus accrued interest. The agreement along with the development contract approved by the council on April 25, 2011, provide for the developer to be assessed $2.2 million for the public improvements surrounding the property. The term of the assessment is 20 years while, as noted, the term of the tax increment financing is 26 years. This means that the developer does not fully cash-flow the assessment payments until the last years of the project term unless other development occurs [for example, completion of the second phase of the project] or the property values increase more than the projected plan. In the situation of increased value, the agreement provides that the developer shall not exceed reimbursement of more than the $2.2 million assessment, with the interest calculation, depending upon the year of the payments. Packet Page Number 139 of 190 The risk within this TIF District falls mainly with the developer, because the assessment is the City's security for the costs incurred, while the developer only receives reimbursement for the assessment's annual payments if the improvements are implemented and thus property values and subsequent property taxes increase. The more value added to the property by the developer, the more increment generated and the quicker the developer receives reimbursement; however, the cap within the reimbursement is that the developer shall receive up to 90% of the increment generated up to the maximum paid on the assessment. The City risk is not with the TIF District but within a default by the developer on paying assessments. Assessments are first liens on property and after four years of delinquency a sale of the property occurs and the assessments are paid from the sale proceeds. Given the bond submittals by the developer provided in the Development Contract and this first lien on the assessment, this risk to the City is extremely low. The agreement also provides the provisions of implementing a livable wage for all the portions of the work where City funding is supported. Grading, drainage, paving, utility and site improvements require the developer to pay a livable wage. The building improvements are not supported by any public funding and thus that requirement is not absolutely able to be implemented, although the developer and builder are indicating they are endeavoring to implement those requirements. Once this agreement is approved and executed, the developer is on schedule to begin site work in late June to early July and should be completed with the project in 12 — 14 months. RECOMMENDATION Approve the TIF Development Agreement between the City of Maplewood and Maplewood Senior Living, LLC. p: sec16\The Shores TIF Development Agreement CC Report #2 rev RCA 05 02 11 ATTACHMENTS: 1. Development Agreement Between the City of Maplewood and Maplewood Seniors Senior Living, LLC Packet Page Number 140 of 190 Attachment 1 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MAPLEWOOD, MINNESOTA MAPLEWOOD SENIOR LIVING, LLC This document drafted by: BRIGGS AND MORGAN Professional Association 2200 First National Bank Building St. Paul, Minnesota 55101 37829020 Packet Page Number 141 of 190 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS................................................................................................. 2 Section1.1 Definitions............................................................................................ 2 ARTICLE II REPRESENTATIONS AND WARRANTIES ................................................ 5 Section 2.1 Representations and Warranties of the City ......................................... 5 Section 2.2 Representations and Warranties of the Developer ............................... 5 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY ....................................... 7 Section 3.1 Project, Land Acquisition and Site Improvements .............................. 7 Section 3.2 Reimbursement: TIF Note................................................................... 7 Section 3.3 Compliance with Low and Moderate Income Requirements .............. 8 Section 3.4 Prevailing Wage................................................................................... 9 ARTICLE IV EVENTS OF DEFAULT............................................................................... 10 Section 4.1 Events of Default Defined................................................................. 10 Section 4.2 Remedies on Default.......................................................................... 10 Section 4.3 No Remedy Exclusive........................................................................ 11 Section 4.4 No Implied Waiver............................................................................ 11 Section 4.5 Agreement to Pay Attorney's Fees and Expenses .............................. 11 Section 4.6 Indemnification of City...................................................................... 11 ARTICLE V DEVELOPER'S OPTION TO TERMINATE AGREEMENT ..................... 13 Section 5.1 The Developer's Option to Terminate ................................................ 13 Section 5.2 Action to Terminate........................................................................... 13 Section 5.3 Additional Right to Terminate........................................................... 13 Section 5.4 Effect of Termination......................................................................... 13 ARTICLE VI ADDITIONAL PROVISIONS...................................................................... 14 Section 6.1 Restrictions on Use............................................................................ 14 Section 6.2 Conflicts of Interest............................................................................ 14 Section 6.3 Titles of Articles and Sections........................................................... 14 Section 6.4 Notices and Demands........................................................................ 14 Section6.5 Counterparts....................................................................................... 14 Section 6.6 Law Governing.................................................................................. 15 Section6.7 Expiration........................................................................................... 15 Section 6.8 Provisions Surviving Rescission or Expiration .................................. 15 Section 6.9 Assignment........................................................................................ 15 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY ............................ A-1 EXHIBIT B FORM OF TIF NOTE........................................................................................... B-1 EXHIBIT C SITE IMPROVEMENTS...................................................................................... C-1 EXHIBIT D COMPLIANCE CERTIFICATE.......................................................................... D-1 i 37829020 Packet Page Number 142 of 190 DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the day of May, 2011, by and between the City of Maplewood, Minnesota (the "City"), a municipal corporation organized and existing under the laws of the State of Minnesota and Maplewood Senior Living, LLC, a Minnesota limited liability company (the 'Developer"), WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.134, the City has formed Development District No. 1 (the 'Development District") and has adopted a development program therefor (the 'Development Program"); and WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.1799, as amended, (hereinafter the "Tax Increment Act"), the City has created, within the Development District, Tax Increment Financing (Housing) District No. 1-10 (the "Tax Increment District") and adopted a tax increment financing plan, dated August 9, 2010, (the "Tax Increment Plan") therefor, which together with this Agreement provides for the use of tax increment financing derived from all development occurring within the Tax Increment District for the Project (as hereinafter defined) to be undertaken by the Developer; and WHEREAS, in order to achieve the objectives of the Development Program and particularly to make the land in the Development District available for development by private enterprise in conformance with the Development Program, the City has determined to assist the Developer with the financing of certain costs of a Project as hereinafter defined to be constructed within the Tax Increment District as more particularly set forth in this Agreement; and WHEREAS, the City believes that the development and construction of the Project, and fulfillment of this Agreement are vital and are in the best interests of the City, the health, safety, morals and welfare of residents of the City, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 37829020 Packet Page Number 143 of 190 ARTICLE I DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the City are authorized by law or executive order to close; City means the City of Maplewood, Minnesota; City Development Agreement means the Development Agreement for The Shores Senior Housing Development Developer Project 10-11 Associated City Project 04-21 dated , 2011, as the same may be from time to time modified; Compliance Certificate means the Compliance Certificate in substantially the form attached hereto as Exhibit D; Construction Plans means the plans, specifications, drawings and related documents of the construction work to be performed by the Developer on the Project and the Development Property and the plans (a) shall be as detailed as the plans, specifications drawings and related documents which are submitted to the building inspector of the City, and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) grading and drainage; and (8) landscape; County means Ramsey County, Minnesota; Developer means Maplewood Senior Living, LLC, its successors and assigns; Development District means Development District No. 1, including the real property described in the Development Program; Development Program means the development program approved in connection with the Development District; Development Property means the real property legally described in Exhibit A attached to this Agreement; Event of Default means any of the events described in Section 4.1 hereof, Legal and Administrative Expenses means the fees or expenses incurred by the City in connection with the preparation of this Agreement and the establishment of the Tax Increment District; 2 37829020 Packet Page Number 144 of 190 Note Payment Date means August 1, 2013, and each August 1 and February 1 of each year thereafter to and including February 1, 2039; provided, that if any such Note Payment Date should not be a Business Day, the Note Payment Date shall be the next succeeding Business Day; Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank National Association in Minneapolis, Minnesota, as its "reference rate" or any successor rate, which rate shall change as and when that prime rate or successor rate changes; Project means the acquisition, construction and equipping of an approximately 105 -unit senior housing facility consisting of approximately 32 memory care units and 73 assisted living units to be located on the Development Property; Site Improvements means the site improvements undertaken or to be undertaken on the Development Property, more particularly described on Exhibit C attached hereto; Special Assessments means those special assessments in the principal amount of $2,200,000 for the public improvements described in Section 12 of the City Development Agreement; State means the State of Minnesota; Tax Increments means 90% of the tax increments derived from the Tax Increment District which have been received and retained by the City in accordance with the provisions of Minnesota Statutes, Section 469.177; Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1799, as amended; Tax Increment District means Tax Increment Financing (Housing) District No. 1-10 located within the Development District, a description of which is set forth in the Tax Increment Financing Plan, which was qualified as a housing district under the Tax Increment Act; Tax Increment Financing Plan means the tax increment financing plan approved for the Tax Increment District by the City Council on August 9, 2010; Termination Date means the earlier of (i) February 1, 2039, (ii) the date the TIF Note is paid in full, (iii) the date on which the Tax Increment District expires or is otherwise terminated, or (iv) the date this Agreement is terminated or rescinded in accordance with its terms; TIF Note means the Tax Increment Revenue Note (Maplewood Senior Living, LLC Housing Project) to be executed by the City and delivered to the Developer pursuant to Article III hereof, a copy of which is attached hereto as Exhibit B. Unavoidable Delays means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of 3 37829020 Packet Page Number 145 of 190 reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. 4 37829020 Packet Page Number 146 of 190 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations and Warranties of the City. The City makes the following representations and warranties: (1) The City is a municipal corporation and has the power to enter into this Agreement and carry out its obligations hereunder. (2) Based on the representation of the Developer set forth in Section 3.4 below, the Tax Increment District is a "housing district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 11, and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (3) The development contemplated by this Agreement is in conformance with the development objectives set forth in the Development Program. (4) To finance certain costs within the Tax Increment District, the City proposes, subject to the further provisions of this Agreement, to apply Tax Increments to reimburse the Developer for a portion of the costs of the Development Property and Site Improvements incurred in connection with the Project as further provided in this Agreement. (5) The City makes no representation or warranty, either expressed or implied, as to the Development Property or its condition or the soil conditions thereon, or that the Development Property shall be suitable for the Developer' purposes or needs. Section 2.2 Representations and Warranties of the Developer. The Developer makes the following representations and warranties: (1) The Developer is a Minnesota limited liability company, has power to enter into this Agreement and to perform its obligations hereunder and, by doing so, is not in violation of any provisions of its articles of organization, operating agreement or member control agreement, or the laws of the State. (2) The Developer shall cause the Project to be installed in accordance with the terms of this Agreement, the Development Program, the City Development Agreement, and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). (3) The construction of the Project would not be undertaken by the Developer, and in the opinion of the Developer the Project would not have been or be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. (4) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, 5 37829020 Packet Page Number 147 of 190 all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the balance of the Project may be lawfully constructed. (5) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (6) The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the Project. (7) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project. (8) The construction of the Project shall commence no later than August 31, 2011 and barring Unavoidable Delays, the Project will be substantially completed by December 31, 2012 and the Project shall have an estimated market value as determined by Ramsey County for real estate tax purposes of $10,000,000. 6 37829020 Packet Page Number 148 of 190 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY Section 3.1 Project, Land Acquisition and Site Improvements. The parties agree that the acquisition of the Development Property and the Site Improvements to be constructed by the Developer are essential to the successful completion of the Project. The costs of the Development Property and the construction of Site Improvements shall be paid by the Developer. The City shall reimburse the Developer for the lesser of $2,200,000 or costs of the Development Property and the construction of Site Improvements actually incurred and paid by the Developer (the "Reimbursement Amount"), as further provided in Section 3.2 hereof. Within 30 days of a request from the City, the Developer shall pay all Legal and Administrative Expenses incurred by the City in connection with the preparation of this Agreement and the establishment of the Tax Increment District. Section 3.2 Reimbursement: TIF Note. The City shall reimburse the payments made by the Developer under Section 3.1 for costs of the Development Property and the construction of Site Improvements and the Project through the issuance of the City's TIF Note in substantially the form attached to this Agreement as Exhibit B, subject to the following conditions: (1) The TIF Note shall be dated, issued and delivered when the Developer shall have demonstrated in writing to the reasonable satisfaction of the City that the construction of the Site Improvements has been completed and that the Developer has incurred and paid all costs of the Development Property and the construction of Site Improvements, as described in and limited by Section 3.1 and shall have submitted a settlement statement for the Development Property paid invoices for the costs of construction of the Site Improvements in an amount not less than the Reimbursement Amount. (2) The unpaid principal amount of the TIF Note shall bear simple, non -compounding interest from the date of issuance of the TIF Note, at 5.00% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30 -day months. The principal amount of the TIF Note and the interest thereon shall be payable solely from the Tax Increments. The total amount of principal and interest paid by the City under the TIF Note shall not exceed the amount of Special Assessments and interest accruing on the unpaid Special Assessments paid by the Developer. (3) The payment dates of the TIF Note shall be the Note Payment Dates. On each Note Payment Date and subject to the provisions of the TIF Note, the City shall pay, against the principal and interest outstanding on the TIF Note, the Tax Increments received by the City during the preceding six months. All such payments shall be applied first to accrued interest and then to reduce the principal of the TIF Note. (4) The TIF Note shall be a special and limited obligation of the City and not a general obligation of the City, and only Tax Increments shall be used to pay the principal of and interest on the TIF Note. If, on any Note Payment Date, the Tax Increments for the payment of the accrued and unpaid interest on the TIF Note are insufficient for such purposes, the difference shall be carried forward, without interest accruing thereon, and shall be paid if and to the extent 7 37829020 Packet Page Number 149 of 190 that on a future Note Payment Date there are Tax Increments in excess of the amounts needed to pay the accrued interest then due on the TIF Note. (5) The City's obligation to make payments on the TIF Note on any Note Payment Date or any date thereafter shall be conditioned upon the requirement that (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement and (B) this Agreement shall not have been suspended or rescinded pursuant to Section 4.2. (6) The TIF Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit B. In the event of any conflict between the terms of the TIF Note and the terms of this Section 3.2, the terms of the TIF Note shall govern. The issuance of the TIF Note pursuant and subject to the terms of this Agreement, and the taking by the City of such additional actions as bond counsel for the TIF Note may require in connection therewith, are hereby authorized and approved by the City. Section 3.3 Compliance with Low and Moderate Income Requirements. (1) The City and the Developer understand and agree that the Tax Increment District will constitute a "housing district" under Section 469.174, Subd. 11 of the Tax Increment Act. Accordingly, in compliance with Section 469.1761, Subd. 3 of the Tax Increment Act, the Developer agrees that the Project must satisfy, or be treated as satisfying, the income requirements for a qualified residential rental project as defined in Section 142(d) of the Internal Revenue Code. The parties further agree that no more than 20% of the square footage of the Project (which is the only building receiving assistance from Tax Increments) may consist of commercial, retail, or other nonresidential uses. The Developer must meet the above requirements as follows: (A) At least 20% of the residential units in the Project must be occupied or available for occupancy by persons whose incomes do not exceed 50% of the County median income; and (B) The limits described in clause (A) must be satisfied commencing with the date on which at least 10% of the units in the Project are occupied and continuing through the Termination Date. Income for occupants of units described in clause (A) shall be adjusted for family size in accordance with Section 142(d) of the Internal Revenue Code and related regulations. (2) On or before each January 1 and July 1, commencing on July 1, 2013, the Developer or an agent of the Developer must deliver or cause to be delivered to the City a Compliance Certificate executed by the Developer covering the preceding six months together with written evidence satisfactory to the City of compliance with the covenants in this Section. This evidence must include a statement of the household income of each of qualifying renter, a written determination that each qualifying renter's household income falls within the qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code), and certification that the income documentation is correct and accurate (and that the determination of qualification was made in compliance with Section 142(d) of the Internal Revenue Code). The City may review, upon request, all documentation supporting the Developer submissions and statements. 8 37829020 Packet Page Number 150 of 190 In determining compliance with this Section, the Developer must use the County median incomes for the year in which the payment is due on the TIF Note, as promulgated by the Minnesota Housing Finance Agency based on the area median incomes established by the United States Department of Housing and Urban Development. Section 3.4 Prevailing Wage. The Developer shall pay prevailing wages for the portions of the Site Improvements described in Section 17 of the City Development Agreement. 9 37829020 Packet Page Number 151 of 190 ARTICLE IV EVENTS OF DEFAULT Section 4.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (1) Failure by the Developer to timely pay any ad valorem real property taxes assessed with respect to the Development Property. (2) Failure by the Developer to cause the construction of the Project to be completed pursuant to the terms, conditions and limitations of this Agreement and the City Development Agreement. (3) Failure of the Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement and the City Development Agreement. (4) The holder of any mortgage on the Development Property or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents. (5) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof, or a receiver, trustee or liquidator of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer, shall consent to or acquiesce in such appointment. Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more of the following actions after the giving of thirty (30) days' written notice to the Developer, but only if the Event of Default has not been cured within said thirty (30) days: 10 37829020 Packet Page Number 152 of 190 (1) The City may suspend its performance under this Agreement and the TIF Note until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. (2) The City may cancel and rescind the Agreement and the TIF Note. (3) The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. Section 4.6 Indemnification of City. (1) The Developer releases from and covenants and agrees that the City, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, 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 occurring at or about or resulting from any defect in the Project, provided that the foregoing indemnification shall not be effective for any actions of the Indemnified Parties that are not contemplated by this Agreement. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that 11 37829020 Packet Page Number 153 of 190 this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement or to any actions undertaken by the City which are not contemplated by this Agreement but shall, in any event and without regard to any fault on the part of the City, apply to any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or penalty is paid by the City at a rate equal to the Prime Rate) as a result of the Developer operating the Project so that the Tax Increment District does not qualify or cease to qualify as a "housing district" under Section 469.174, Subdivision 11, of the Act or to violate limitations as to the use of Tax Increments as set forth in Section 469.176, Subdivision 4d. (3) 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, as the case may be. 12 37829020 Packet Page Number 154 of 190 ARTICLE V DEVELOPER'S OPTION TO TERMINATE AGREEMENT Section 5.1 The Developer's Option to Terminate. This Agreement may be terminated by Developer, if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred and is continuing; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days, of receipt of such notice, the City has not provided assurances, reasonably satisfactory to the Developer, that such noncompliance will be cured as soon as reasonably possible. Section 5.2 Action to Terminate. Termination of this Agreement pursuant to Section 5.1 must be accomplished by written notification by the Developer to the City within thirty (30) days after the date when such option to terminate may first be exercised. A failure by the Developer to terminate this Agreement within such period constitutes a waiver by the Developer of its right to terminate this Agreement due to such occurrence or event. Section 5.3 Additional Right to Terminate. In addition to Developer's right to terminate this Agreement pursuant to Section 5.1 above, Developer shall have the right to terminate this Agreement at any time after completion of the Project by written notice to the City. Section 5.4 Effect of Termination. If this Agreement is terminated pursuant to this Article V, this Agreement shall be from such date forward null and void and of no further effect; provided, however, the termination of this Agreement shall not affect the rights of either party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by the other party, or to recover amounts which had accrued and become due and payable as of the date of such termination. Upon termination of this Agreement pursuant to this Article V, the Developer shall be free to proceed with the Project at its own expense and without regard to the provisions of this Agreement; provided, however, that the City shall have no further obligations to the Developer with respect to reimbursement of the expenses set forth in Section 3.2, or to make any further payments on the TIF Note. 13 37829020 Packet Page Number 155 of 190 ARTICLE VI ADDITIONAL PROVISIONS Section 6.1 Restrictions on Use. The Developer agrees for itself, its successors and assigns and every successor in interest to the Development Property, or any part thereof, that during the term of this Agreement the Developer and such successors and assigns shall operate, or cause to be operated, the Project as an elderly multifamily rental housing facility and shall devote the Development Property to, and in accordance with, the uses specified in this Agreement. Section 6.2 Conflicts of Interest. No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. Section 6.3 Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 6.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) in the case of the Developer is addressed to or delivered personally to: Maplewood Senior Living, LLC 720 Stillwater Road Mahtomedi, MN 55115 (2) in the case of the City is addressed to or delivered personally to the City at: City of Maplewood, Minnesota 1830 East County Road B Maplewood, MN 55109-2702 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 6.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 14 37829020 Packet Page Number 156 of 190 Section 6.6 Law Governing. This Agreement will be governed and construed in accordance with the laws of the State. Section 6.7 Expiration. This Agreement shall expire on the Termination Date. Section 6.8 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. Section 6.9 Assignment. The Developer shall not assign its interest in this Agreement or the TIF Note without the consent of the City pursuant to action by the City Council, which consent shall not be unreasonably withheld. 15 37829020 Packet Page Number 157 of 190 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto duly affixed, and the Developer has caused this Agreement to be duly executed on its behalf, on or as of the date first above written. CITY OF MAPLEWOOD, MINNESOTA By Its Mayor By Its City Manager This is a signature page to the Development Agreement by and between the City of Maplewood and Maplewood Senior Living, LLC S-1 37829020 Packet Page Number 158 of 190 MAPLEWOOD SENIOR LIVING, LLC I:A Its This is a signature page to the Development Agreement by and between the City of Maplewood and Maplewood Senior Living, LLC S-2 37829020 Packet Page Number 159 of 190 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY Legal Description That part of Government Lot 2, Section 16, Township 29, Range 22, Ramsey County, Minnesota, which lies southerly of Frost Avenue as described in Document No. 1999021, westerly of Frost Avenue Connection as described in Document No. 1999021, northeasterly of a line described as commencing at the center of said Section 16; thence South 89 degrees 32 minutes 38 seconds West, assumed bearing, along the North line of said Government Lot 2, 1130.00 feet to the point of beginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the North line of said East Shore Drive, said angle point being 658.56 feet westerly of the East line of said Government Lot 2 as measured along the North line of East Shore Drive, and said line there terminating, and northerly of a line and its easterly and westerly extension described as commencing at the center of said Section 16; thence South 89 degrees 32 minutes 38 seconds West, assumed bearing, along the North line of said Government Lot 2, a distance of 1130.00 feet; thence South 27 degrees 23 minutes 03 seconds East, a distance of 559.98 feet to the point of beginning; thence South 89 degrees 39 minutes 46 seconds East, a distance of 328.53 feet to the west line of Frost Avenue Connection as described in Document No. 1999021 and there terminating. To be platted as Lot 1, Block 1, The Shores. A-1 37829020 Packet Page Number 160 of 190 No. R-1 EXHIBIT B FORM OF TIF NOTE UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF KANABEC CITY OF MAPLEWOOD TAX INCREMENT REVENUE NOTE (MAPLEWOOD SENIOR LIVING, LLC HOUSING PROJECT) S The City of Maplewood, Minnesota (the "City"), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay the amounts hereinafter described (the "Payment Amounts") to Maplewood Senior Living, LLC, or its registered assigns (the "Registered Owner"), but only in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided. The principal amount of this Note shall equal from time to time the principal amount stated above, as reduced to the extent that such principal installments shall have been paid in whole or in part pursuant to the terms hereof, provided that the sum of the principal amount listed above shall in no event exceed $2,200,000 as provided in that certain Development Agreement, dated as of May , 2011, as the same may be amended from time to time (the "Development Agreement"), by and between the City and Maplewood Senior Living, LLC The unpaid principal amount hereof shall bear interest from the date of this Note at the simple, non - compounding interest at a rate of five and no hundredths percent (5.00%) per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30 -day months. The total amount of principal and interest paid by the City under the TIF Note shall not exceed the amount of Special Assessments and interest accruing on the unpaid Special Assessments paid by the Developer. The amounts due under this Note shall be payable on August 1, 2013, and on each August 1 and February 1 thereafter to and including February 1, 2039, or, if the first should not be a Business Day (as defined in the Development Agreement) the next succeeding Business Day (the "Payment Dates"). On each Payment Date the City shall pay by check or draft mailed to the person that was the Registered Owner of this Note at the close of the last business day of the City preceding such Payment Date an amount equal to the Tax Increments (hereinafter defined) received by the City during the six month period preceding such Payment Date. All payments made by the City under this Note shall first be applied to accrued interest and then to principal. This Note is prepayable by the City, in whole or in part, on any date. The Payment Amounts due hereon shall be payable solely from 90% of the tax increments (the "Tax Increments") from the City's Tax Increment Financing (Housing) District No. 1-10 (the "Tax Increment District") within its Development District No. 1 which are paid to the City and which the City is entitled to retain pursuant to the provisions of Minnesota Statutes, B-1 37829020 Packet Page Number 161 of 190 Sections 469.174 through 469.1799, as the same may be amended or supplemented from time to time (the "Tax Increment Act"). This Note shall terminate and be of no further force and effect following the termination of the Tax Increment District, on any date upon which the City shall have terminated the Development Agreement under Section 4.2(2) thereof or the Developer shall have terminated the Development Agreement under Article V thereof, or on the date that all principal and interest payable hereunder shall have been paid in full, whichever occurs earliest. The City makes no representation or covenant, expressed or implied, that the Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The City's payment obligations hereunder shall be further conditioned on the fact that no Event of Default under the Development Agreement shall have occurred and be continuing at the time payment is otherwise due hereunder, but such unpaid amounts shall become payable, without interest accruing thereon in the meantime, if said Event of Default shall thereafter have been cured; and, further, if pursuant to the occurrence of an Event of Default under the Development Agreement the City elects to cancel and rescind the Development Agreement, the City shall have no further debt or obligation under this Note whatsoever. Reference is hereby made to all of the provisions of the Development Agreement, including without limitation Section 3.2 thereof, for a fuller statement of the rights and obligations of the City to pay the principal of this Note, and said provisions are hereby incorporated into this Note as though set out in full herein. This Note is a special, limited revenue obligation and not a general obligation of the City and is payable by the City only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation of the City of Maplewood, Minnesota, and neither the full faith and credit nor the taxing powers of the City are pledged to the payment of the principal of this Note and no property or other asset of the City, save and except the above -referenced Tax Increments, is or shall be a source of payment of the City's obligations hereunder. This Note is issued by the City in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including the Tax Increment Act. This Note may be assigned only with the consent of the City. In order to assign the Note, the assignee shall surrender the same to the City either in exchange for a new fully registered note or for transfer of this Note on the registration records for the Note maintained by the City. Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the City outstanding on the date B-2 37829020 Packet Page Number 162 of 190 hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation thereon. IN WITNESS WHEREOF, City of Maplewood, Minnesota, by its City Council, has caused this Note to be executed by the manual signatures of its Mayor and City Manager and has caused this Note to be issued on and dated 1 201. City Manager Mayor B-3 37829020 Packet Page Number 163 of 190 CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on , 201, was on said date registered in the name of Maplewood Senior Living, LLC, and that, at the request of the Registered Owner of this Note, the undersigned has this day registered the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF REGISTERED OWNERS Maplewood Senior Living, LLC DATE OF REGISTRATION 201 SIGNATURE OF CITY MANAGER B-4 37829020 Packet Page Number 164 of 190 EXHIBIT C SITE IMPROVEMENTS Landscaping, including irrigation Foundations and Footings Grading/earthwork Engineering Survey Environmental Testing Soil Borings Site Preparation Onsite Utilities Storm Water/Ponding Outdoor Lighting Onsite Road, Curb, Gutter, Driveway, Sidewalk and Streetscape Improvements Parking Facilities C-1 37829020 Packet Page Number 165 of 190 EXHIBIT D COMPLIANCE CERTIFICATE The undersigned Maplewood Senior Living, LLC, does hereby certify that as of the date of this Certificate not less than 20% of the residential units in the Maplewood Senior Living, LLC Housing Project located at in Maplewood, Minnesota (the "Project") are occupied by individuals whose income is 50% or less of the Ramsey County median income. Dated this day of , 201 MAPLEWOOD SENIOR LIVING, LLC 3 Its [Attach household income verification required by Section 3.3.] D-1 37829020 Packet Page Number 166 of 190 Agenda Item J2 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: Approval of Joint Powers Agreement with the City of Roseville for Shared Engineering Services DATE: April 28, 2011 INTRODUCTION The council will consider the approval of a joint powers agreement (JPA) with the City of Roseville for shared engineering services. BACKGROUND / DICSUSSION The Public Works Department currently shares a number of maintenance related services with neighboring municipalities. The staff has further explored partnerships for shared engineering services since the Engineering Department is a full service firm that completes a number of tasks including, but not limited to: ❑ Project development including research, feasibility report writing, and plan development. ❑ Administrative engineering report writing and analysis. ❑ Analysis and modeling of utility systems. ❑ Assist with engineering policy development. ❑ Application for permits and permit reporting. ❑ Field coordination and inspection of public works projects The attached JPA with Roseville provides flexibility and efficiency for the cities based on fluctuating workloads and specific needs. Sharing of engineering department staff will provide numerous benefits beginning now and extending into the future. The staff looks forward to this new and exciting partnership with the City of Roseville and its engineering staff. PROJECT BUDGET Each city will compensate the other for services rendered in an amount of 1.75 times the base salary for the staff person assigned to said task. All financial decisions would be made within approved operating budgets. Maplewood anticipates it will provide assistance to Roseville this year which would provide general fund revenue to offset planned personnel expenditures within the engineering department budget for 2011. RECOMMENDATION It is recommended that the council approve the Joint Powers Agreement with the City of Roseville for Shared Engineering Services and authorize the mayor and city manager to execute said agreement. Furthermore, minor adjustments to the agreement, if needed prior to obtaining signatures, are hereby authorized to be made by the City Attorney. Attachments 1. Joint Powers Agreement Packet Page Number 167 of 190 Agenda Item J2 Attachment 1 JOINT POWERS AGREEMENT FOR THE UTILIZATION OF ENGINEERING EMPLOYEES BY THE CITY OF ROSEVILLE AND THE CITY OF MAPLEWOOD THIS AGREEMENT, entered into by and between the CITY OF MAPLEWOOD ("MAPLEWOOD"), a Minnesota municipal corporation, and the CITY OF ROSEVILLE ("ROSEVILLE"), a Minnesota municipal corporation, is effective upon the execution of this Agreement by the named officers of both cities. RECITALS WHEREAS, ROSEVILLE and MAPLEWOOD provide engineering and technical support services for their communities; and WHEREAS, MAPLEWOOD and ROSEVILLE have full service Engineering Divisions and other technical employees that are able to provide the services required by both communities; and WHEREAS, MAPLEWOOD and ROSEVILLE have a need for additional staffing capability from time to time due to fluctuating workloads; and WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into Joint Powers Agreements for the joint exercise of powers common to each, and also authorizes one of the parties to an agreement to exercise powers on behalf of another party. NOW, THEREFORE, it is mutually stipulated and agreed to as follows: 1. SERVICES. Packet Page Number 168 of 190 Agenda Item J2 Attachment 1 A. MAPLEWOOD and ROSEVILLE shall provide qualified engineering services employees ("Employees") to perform civil engineering and related technical services required by the other as needed. These services include but not limited to the following: ❑ Project development including research, feasibility report writing, and plan development. ❑ Administrative engineering report writing and analysis. ❑ Analysis and modeling of utility systems. ❑ Assist with engineering policy development. ❑ Application for permits and permit reporting. ❑ Field coordination and inspection of public works projects ❑ Other engineering related tasks as assigned B. The Employing city shall be solely responsible for compensating the assigned Employee(s) engaged in providing technical services under this Agreement, including any overtime wages incurred, as well as any insurance or employee benefits provided under the policies or agreements of Employing city. In addition, the Employing city shall be solely responsible for training, workers' compensation, reemployment insurance benefits, and other employee related laws, including OSHA, ERISA, RLSA, and FMLA. The Employing city shall retain the sole authority to control the employees, including the hiring, discipline, and termination of said employees. Each city agrees they will be acting as independent contractors to each other. 2 Packet Page Number 169 of 190 Agenda Item J2 Attachment 1 D. ROSEVILLE and MAPLEWOOD shall coordinate scheduling of work to be performed by the assigned Employee(s) and shall receive prior approval of all scheduled hours to be performed under this Agreement from the providing city's City Manager or the Manager's designee. E. The assigned Employee, (Employees) will be under the direct supervision of the Employing city's City Engineer for the purpose of performance review and any discipline related issues. It is understood that while the assigned employee is providing services for ROSEVILLE, the employee will be under the work direction of the ROSEVILLE Public Works Director or Designee. It is understood that while the assigned employee is providing services for MAPLEWOOD, the employee will be under the work direction of the MAPLEWOOD Public Works Director or Designee. Each city shall notify the other of any and all complaints about the services rendered by the assigned Employee and cooperate in the documentation, investigation, and resolution of the same in any manner. F. All costs related to training, licensing, equipment, and other matters concerning the professional development of the primary assigned Employee necessary to provide these services contemplated by this Agreement shall be borne by the Employing city. Reimbursement for these costs shall be included in the reimbursement formula under the payment section for engineering services. 2. PAYMENT. Each city will compensate the other for services rendered in the amount of 1.75 times the base salary of all staff, assigned and providing services to 3 Packet Page Number 170 of 190 Agenda Item J2 Attachment 1 the other. Each city shall make monthly payments upon presentation by the other of a monthly billing equal to costs incurred for that month. 3. INDEMNIFICATION. Each City agrees to assume sole liability for any negligent or intentional acts of its assigned Employee(s) while performing the assigned duties within the jurisdiction of either City. Each City agrees to indemnify, defend, and hold harmless the other from any claims, causes of action, damages, loss, cost or expenses including reasonable attorney's fees resulting from or related to the actions of each City, its officers, agents or employees in the execution of the duties outlined in this Agreement, except as qualified by the previous sentence. Nothing in this agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes Chapter 466 or a waiver of any available immunities or defenses. 4. TERMINATION, SEPARABILITY. A. This Agreement may be terminated by either party upon sixty (60) days' written notice provided to the respective City Manager of MAPLEWOOD or City Manager of ROSEVILLE. B. Upon termination, any and all records or property of the respective Cities will be returned to the appropriate City within 90 days. C. This Agreement is governed by the laws of the State of Minnesota. D. In the event that any provision of this Agreement is held invalid, the other provisions remain in full force and effect. 5. REVISIONS TO AGREEMENT. Both parties acknowledge that modifications to this Agreement may be necessary to ensure an effective, on-going 0 Packet Page Number 171 of 190 Agenda Item J2 Attachment 1 working relationship. To that end, ROSEVILLE and MAPLEWOOD shall use their best efforts to ensure the viability of this Agreement into the future. However, any alterations, variations, modification, or waivers of provisions to this Agreement will only be valid when they have been reduced to writing and duly signed, and attached hereto. E Packet Page Number 172 of 190 Agenda Item J2 Attachment 1 IN WITNESS WHEREOF, the Cities of MAPLEWOOD and ROSEVILLE have caused this Agreement to be duly executed effective on the day and year last entered below. Dated: Dated: CITY OF MAPLEWOOD an Will Rossbach Its Mayor James. W. Antonen Its City Manager CITY OF ROSEVILLE By: Daniel J. Roe Its Mayor By: William J. Malmen Its City Manager 0 Packet Page Number 173 of 190 THIS PAGE IS INTENTIONALLY LEFT BLANK Agenda Item J3 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Dewey Konewko, Parks & Recreation Director Jim Taylor, Recreation Program Supervisor SUBJECT: Approval of the Goodrich Park Master Plan DATE: May 3, 2011 INTRODUCTION Goodrich Park is a 24 acre park located at 1980 North Saint Paul Road. The city originally entered into a 25 year lease with Ramsey County in 1971. When the lease ended in 1996 the park became city property. The park has three high use softball fields that take up less than half of the park. Goodrich Park is one of our most used and visible parks and is in need of redevelopment. The master plan would include redevelopment of any areas not on the playing surface of the ball fields. DISCUSSION Attached you will find the Goodrich Park preferred concept Master Plan. Staff will give a presentation on how we reached this stage and the highlights of the concept plan as well as introduce the Goodrich Park Task Force that helped on the project. RECOMMENDATION Staff recommends the City Council approve the Goodrich Park Master Plan. Attachments 1 —Goodrich Park preferred concept Packet Page Number 174 of 190 z IL 0� LLJ U) U- Agenda Item J4 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Larry Farr, Chief Building Engineer Ron Horwath, Aquatic Program Manager DuWayne Konewko, Community Development and Parks Director SUBJECT: Approval to Proceed with MCC Repair and Improvements and Request for Advancement of Funds DATE: April 28, 2011 INTRODUCTION With the onetime monies becoming available in the City's General Fund, staff recommended that the Maplewood Community Center (MCC) receive $150,000 of these funds for projects and improvements. Staff reviewed projects that have been proposed or planned in the past but delayed or deferred due to budgetary constraints. Staff is recommending that we process these projects on this one request, which will allow staff to move ahead with the planning, scheduling and implementation of these projects. Also, to avoid having a major pool shutdown two years in a row, staff is also requesting to proceed with projects planned for 2012 in the amount of $75,000. This means that the MCC Fund will continue to borrow monies from other funds in 2011 and the levy allocated to the MCC Fund in 2012 needs to increase as proposed in the 2012-2016 CIP. BACKGROUND The city council has acknowledged the usage of this onetime money for various city projects that were determined by the Department Heads to be expensed in 2011. There are six (6) projects that were selected by MCC staff based on their level of importance or need which is listed below. These following projects will be done throughout the remainder of the year. The proposed project items are itemized below along with a brief description and cost. Attachments are also included for councils review and consideration. DISCUSSION Men's, Women's and Family Locker Room Ceiling Replacement. The current ceilings in the locker rooms were installed in 1994 using steel support grid and moist area rated ceiling tile. Over the years due to moisture and ventilation issues, which have been corrected, the ceiling grid has rusted along with the support structure. The ceiling tiles have discolored along the support areas and will also be replaced. The total expense for this project is $14,610. 2. Restroom Counter Tops and Locker Rooms Wall Caps. The second floor Men's and Women's restroom counter tops are in need of replacement due to water penetration over the years. The support wood is separating and swelling around the sinks and edges. The new counter tops with integrated bowls will be made of Packet Page Number 176 of 190 Agenda Item J4 Avonite, a composite material that withstands moisture and is sturdy. The block divider walls in the Men's and Women's Locker Rooms will also be capped with this same material for aesthetics and ease of cleaning. The total expense of this project is $6,781. 3. Painting of Locker Rooms and Hallway to Aquatic Area. The walls and plaster ceiling areas in the locker rooms and hallway areas are in need of painting due to wear and tear, along with the incorrect paint being applied in the past that is peeling and separating from the surfaces. This project will require the use of a paint remover to clean to a sound surface prior to painting then repairing as needed before applying epoxy paint which is designed for this type of exposure. The total expense of this project is $15,455. 4. Restrooms and Locker Rooms Mirror Replacement. The locker rooms and second floor restroom mirrors are in need of replacement due to extensive delaminating of the silvering or reflective finish caused by exposure to liquids and cleaning over the years. The total expense of this project is $2,350. 5. Heating and Cooling Ducting Cleaning. The ducting on the six (6) air handler units has not been cleaned since opening in 1994 and is causing concern for those with allergies. This is like cleaning the furnace ducting in your house but on a much larger scale. The accumulating material also is starting to cover sensors and plug the heating/cooling coils. The total expense of this project is $14,749. 6. Aquatic Center Leisure Pool Project. At its inception in 1994, the MCC aquatic center was considered a state-of-the-art facility with a 120 foot water slide, zero - depth entry area, and spraying toys in the leisure pool as well as a 6 -lane 25 - yard lap pool and whirlpool. In recent years we have seen a decline in the number of families using the aquatic center on a day-to-day basis. This reduction in usage is due to several factors including many new or vastly improved facilities in our area that are meeting a new standard in aquatic center amenities along with other kid -friendly features within their facilities such as gymnasium play structures. This reduction in daily use of our aquatic center impacts not only our overall number of memberships sold but our daily admissions and more particularly, programs such as swim lessons that we provide for families. It is imperative that we address these issues now to prevent further loss of family participation. This also speaks directly to one of the MCC goals of increasing family memberships and targeting this demographic with additional programs and opportunities. The MCC interactive play features located in the shallow area of the leisure pool were installed when MCC was built in 1994. The features consist of five individual play structures, four of which are made of cast iron pipe that project above ground. The fifth structure consists of four spouts that spray directly out of the pool surface. The four cast iron structures are showing extremely serious signs of internal corrosion. Numerous patches have been made to the structures to repair holes where corrosion has made the internal walls of the features so thin that water pressure has blown a hole in the side. Staff is concerned that the features may have corroded to the point where they may be in danger of cracking or even falling over. The features are "first generation" and similar features are made today with stainless steel or a type of plastic. However, the features are no longer fun to play with when compared to other facilities' features such as Packet Page Number 177 of 190 Agenda Item J4 Tropics Indoor Water Park in the Shoreview Community Center, Water Park of America, Great River Water Park in the Jimmy Lee Recreation Center in St. Paul, and Waterworks Water Park in South Maplewood. A spraying submarine slide has been proposed by ThemeScapes Inc. to replace the outdated spraying features in the MCC leisure pool. Staff has been working with ThemeScapes Inc. to come up with some preliminary designs for replacement of our interactive play structures as well as developing an overall theme for the aquatic center. ThemeScapes has been designing, fabricating, and installing themed features for hotels, amusement parks, water parks, and similar facilities for over 12 years. They are based out of Forest Lake, MN and have been an excellent company to work with thus far. Larry Farr, Jim Behan and Ron Horwath took a tour of their production facility in the spring of 2010 and were very impressed with the creativity and quality of their products. ThemeScapes has the ability to assist us with every step of the theming process from theming concepts to computer 3-D drawings and small- scale mock-ups or sculptures as well as the fabrication and installation of features. ThemeScapes has attended recent Recreation Department meetings and with their help staff preliminarily decided on an underwater theme for the leisure pool area. Staff's desire is to implement a multi-year process of theming coupled with additional play features. This process will begin in our leisure pool with removal of our old interactive play features, replacement of the Diamond Brite surface, the addition of a new spraying submarine themed interactive play feature in the zero -depth entry area, high -impact wall murals (see item 7 below) and naming the aquatic center based on our new theme. This initial list of items would be completed in September 2011. Additional features including, but not limited to, stationary floating toys, wall and structure facades and large and small slides would be added in successive years as part of a multi-year plan to improve the aquatic center. ThemeScapes will have some additional theming designs to show us in spring 2011. The surface area of the Lap/Leisure pools are wearing out as is evident from the cracking, chipping and loss of surface material (sand particles). The Diamond Brite surface was applied during MCC's initial construction in 1994 with a life expectancy of 10-15 years. The water toys will be removed and piping reworked for placement under the new and potential future water features. This is the perfect time to complete the resurfacing of the Diamond Brite along with required floor repairs. 7. Wall murals to assist in creating an "underwater environment" at the MCC. During our annual shut -down for pool maintenance the proposed projects from item 6 above will be completed. Staff's plan is to close the entire aquatic center for two to three weeks and re -open the lap pool and whirlpool. The leisure pool will remain closed for approximately four weeks or so due to re -plumbing of water supply lines, concrete and Diamond Brite curing time, and installation of the submarine station. Due to this extended closure of the leisure pool, staff is requesting to proceed with this project, originally planned for 2012, with the understanding that the MCC Fund's deficit will grow in 2011 but the tax levy allocated to it will increase in 2012 as proposed in the 2012-2016 CIP. The wall murals will cover approximately 90% of available space and the remaining 10% will be for a community wall -art project that staff is currently working on that will involve local artist and high schools. Packet Page Number 178 of 190 Agenda Item J4 The extended shutdown of the leisure pool in 2011 will negatively impact daily admission and swim lesson revenues by $12,000-$17,000. We hope to avoid incurring some of these losses in 2012 by completing the wall murals during the leisure pool shutdown in 2011. The total expense of this project is $75,000. The total expense for the Diamond Brite and cement work is: $47,238 The total expense for engineering and design work for the submarine station (previously approved by Council) is: $ 9,500 The total expense for the spraying submarine station: $39,000 Total: $95,738 Project Expense 1. Men's, Women's and Family Locker Room Ceiling Replacement: $14,610 2. Restroom Counter Tops and Locker Rooms Wall Caps: $ 6,781 3. Painting of Locker Rooms and Hallway to Aquatic Area: $15,455 4. Restrooms and Locker Rooms Mirror Replacement: $ 2,350 5. Heating and Cooling Ducting Cleaning: $14,749 6. Aquatic Area Leisure Pool Project: $95,738 2011 Total: $149,683 7. Advancement of monies from the proposed 2012 —2016 CIP for MCC aquatic center wall murals: $75,000 2011 & 2012 Total: $224,683 RECOMMENDATION Staff is requesting city council approval to spend one time monies from the City's General Fund of $150,000 as recommended at the 4/11/11 Council Workshop and to advance funds from 2012, with the understanding that the tax levy allocated to the MCC Fund in 2012 will increase as proposed in the 2012-2016 CIP, in an amount not to exceed $75,000 to complete these projects throughout the 2011 fiscal year. Attachments: 1. Diamond Acoustics, Inc. 2. Anderson Cabinets 3. Swanson & Youngdale 4. Midland Glass Co. 5. Metro -Cleaning Services, Inc. 6. Aqua Logic Inc. / ThemeScapes, Inc My documents/MCC budget/ MCC projects 2011 $150,000 Packet Page Number 179 of 190 Jan 13 11 11:50a Diamond Acoutics, Inc. Proposal I Diamond Acoustics, Inc 12285 165P Avenue Becker MN 55308 Office: 763-262-1618 Fax: 763-262-1619 Cell: 763-218-1715 1 DATE: January 1. PROPOSALSUBMITTEDT0. Maplewood Community Center ATTN: Larry Farr JOB: Men's, Women's & F 3mily Locker Room Ceiling Replacement, We hereby propose to fur Sec: 9510. Acoustical grid and tile.* Addendum: nave. * Option #i: Use all alum! pools locker areas- $13,67 Option #2: Use aluminurn rated for pool/ locker roo rating (it is not available V Work is to be done after 1 - All All of the material is to be as specified and work to be performed in ac time of Proposal request. All above work to be completed in workman ------------------------I )ptions listed Demo and/or dumpster ar a not included unless specifically indicated. Respectfully submitted by AWSafiVekx NOTE: This proposal subj, tct to change if not accepted within 30 day ACCEPTED BY: DA s 7632621619 p.1 Agenda Item J4 - Attachment 1 1, 2011 n grid with Acoustical the rated for 10 )ped grid with G-50 galvanizing & vinyl coated ACT with no sound i a sound rating) - $12,960.00. rs. Darner will provide dumpster. lance with the drawings supplied at manner for the sum of-- Dollars f: Dollars $ Options listed above. Packet Page Number 180 of 190 Date: 1128/11 10:05 AM To: Maplewood Community center phone # Fax # Agenda Item J4 - Attachment 2 016 u„FOnr- CORIAN' soim au. rwcec Robert ZProject Manager Ch UI R1,, 4 Ort - iJDO (harks Sfrees Norfb N. St. Paul, MN 55109 651-717-5377x116 AM: Larry Farr Ceih # Fax 651 -777 -OM bobk@andersencabineLcan Re: Vanity tops Bid # 12964 REV A Furnish & install per visit on 02/11/10 Avonite vanity tops with integral bowls, frdnt edge & caved splashes Men's & Women's locker rooms & Men's & Women's upstairs restrooms. Assumes using existing steel supports_ Exclusions: Demo Plumbing Materials & installation, tax inc. $14,998.00 Above description with butt splashes in -lieu of coved splashes. -8 5 D Materials & installation, tax inc- $ 10,100.00/2 = _j Add alternate for wall cap LO men's restroom- , Materials & installation, tat inc- add $ 1,295.00 Pl�j T-6 .� ��3 q. 17lel 06 ;�Yif GAN ADVANTAGES ENVIROTCdENfALCQi@AR i:AC#MIA11_L If you want to proceed with ,job, please sign fax back Quote is good for 30 days_ x Packet Page Number 181 of 190 February 23, 2011 Agenda Item J4 - Attachment 3 Swansen & Yeungdale. kw- RM5 Woo 23rd Street P.U- Box 2WO Minneapolis, Minnesota 55426 -OM Phone: 952545.2541 Fax 957.545.4435 Sales Fax 952.525.1945 Mr. Larry Farr City of Maplewood Maplewood Community Center 1830 East County Road B Maplewood, MN 55109 He: Maplewood Community Center Locker Room Repaint Maplewood, MN Dear Larry: In accordance with our walk- thru, we propose to furnish labor, materials and equipment to prepare the existing walls and ceilings and repaint them with an epoxy coating, for the sum of $ 14,455.00. This proposal is based on performing all work during normal business hours. If you have any questions regarding this matter, please feel free to contact me. Sincerely, SWANSO YOUNGDALE, INC. Dou ynda DMRllih _`=����. ��,��_„4-_ �.. �..w,,,r .. .T;r ; � `� rl't� �•„i,..3e��r.^�:r.:�rr4--. <.�•:,. �!�r..:.� �..��,- . • — • — • • 1 8000 Powell Road Hopkins MN 55343 952/928-7800 Fax 952/928-2279, www_midlandglass.com DATE: 1-18-11 PROPOSAL (glass) TO: LARRY FARR larry.farr@ei.maplewood.mn.us C (651) 755-3098 P (651) 249-2342 F (651) 249-2319 CITY OF MAPLEWOOD- 1830 COUNTY ROAD BEAST, MAPLEWOOD, MN 55109 Project: Maplewood Community Center 2100 White Bear Ave., Maplewood, MN Bid $2,110.00 (Taal included) *Replace existing mirrors -*(2) 81 %z" xc 40" (2) 1201/4" x 48" (4) 24" x 59 3/4" 1/" clear mirror * J -Channel to trim top and bottom of mirrors Add $24A.00 (Tax included) Apply mirror sealer on supplied mirrors *CLARMCATIONS (ALSO SEE EXCLUSIONS BELOW): Others will provide all other items not indicated above ADDENDA: N/A *Please refer to meeting on 2-12-10 nIM PROPOSAL IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1 _ All new materials include a one-year limited warranty occluding glass breakage (within our normal business hours and scope of work). 2. Others will allow access to install or use of scaffolds, lifts & hoists for installation during our regular work hours of our work week. 3_ Payment for labor & materials famished during each month is to be paid within 30 days to avoid a monthly service charge of 1% 4. After we are directed to proceed, we may charge a minimum 10% cancellation fee for portions that are omitted_ 5_ We will not accept any charges or additions to the contract unless we have previously issued written authorization covering same. 6. We may subcontract; additional charges will be provided for time not within regular work hours of our work week, when ordered by you. 7_ Work will be completed according to our standard practices but subject, however, to failure or delay occasioned by others not furnishing us approved shop drawings establishing our material sizes; improper performance by another trade; strikes, lockouts, or other labor difficulties; accidents, delays of carriers, failure of usual sources of supply of facl, material or labor, governmental interference or regulaticni; fires; and all other caul unavoidable or beyond our control; and we shall be absolved from responsibility or penalty for failure of delivery or delay arising from any such causes or conditions. 8. Our Certificate of Insurance will be provided when requested: special insurance requests may have additional charges. *EXCLUSIONS (UNLESS NOTED OTHERWISE): No liquidated damages; No special riders/forms/bondsfinsurancelpermits/feeslstarnps/dumpsters; 1. No touch-up, cleaning, `attic stock', art glass, impacWullet-resistant, fire-ratrd, sloped or bent glass, mirrors, skylights, operable or clad windows 2. No wood, metal, masonry, plastic, film, insulation, louvers, demolition, relocation, storage, protection, mock-ups, tests, draft stops, electric & prep 3_ We are not responsible for coordinating others work, fixing others openings, or replacing glass (or any other materials) broken or damaged by others. 4_ We shall not provide temporary enclosures, nor he required to install materials under unfavorable conditions as defined in manufacturers' instructions or as determined by accepted and established standard practices for our industry. No special warranty—contact us for charges related to special warranties. ACCEPTED BY DATE RON SIN40N ron(),midlandglass.com 952-345-2649 THIS PROPOSAL IS SUBJECT TO CHANGE WITHOUT NOTICE UNTIL BOTH PARTIES SIGN FOR CONTRACT Packet Page Number 183 of 190 01125/2011 14:59 6514842237 METRO CLEANING INC � PAGE 01 p T Agenda Item J4 - Attachment 5 5. Metro -Cleaning Service, Inc. M E METRO 0 1-25-11 .. Attention: Larry Farr City of Maplewood . 2100 White $soar Ave Maplewood, MN 55109 RYAN INDUSTRIAL PARK 2W RYAN ORVE ST. PAUL, MINNESOTA 55117 PhOW (5I We hereby agree to perfom the following work and sees for YOU aid huush labor, equiPment and materials necemftry. Metro will cl n the Unit 3 supply and meta ductwork located at ft above address as desradbed below. Metra has thirty urine (39) years of expeomce in this type of cleaning and maintain *at all work be done in a satisfactory maser- We providb the following hmrance. (1) Worker's Compensation, EMPloyer's Liability, (2) Public Liability, propedy dwn ge_ A C'erti fkate of Insurance will be fished upon request. Dejg6p ion of work to be done: . ` Metra wall brush and vacuum all the supply and xetum duct for unit 3 as shown. Metro will cut access whem need. Metro will wash and wipe all the diffusers conWon&ng to Unit 3. Metro will lay plastic where needed. Metro will leave all worked areas in a clean condition. .r Prices for above work: $ 3, .00 Plus sales tax. NET TERMS_ 30 days t Sincerely, Jeffrey R Fischer Office Manager To accept this propel, you must sign and return one coff before~ work commences_ Siguawm: - bate: j 'fide: P.O.# - v - . Packet Page Number 184 of 190 01f25!2611 14:59 6514842237 METRO CLEANING INC PAGE 02 D �l Agenda Item J4 - Attachment 5 Metro -Cleaning Service,, Inc. RYAN INDUSTRIAL DARK; 2W RYAN DFUVE - ST'. PAUL-, MINNESOTA 55117 Phone: (651) 4944M Aft.wtion: Larry Fay City of Maplewood 2100'White Bear Ave Maplewood, MN 55109 We hereby age to pmform the fallowing work 6d services fnr you and furmsh labor, equiPrnent and mauls necessary. Metro will clean the Unit 4 supply and retarn ductwork and fresh air intake fecaud at the above address w descnbed. below. Metro has thirty -mine (39) years of experiewe in this type of cleaning Aud maintain that all work be done iA a satisfactorymanner. We provide the following insumanee: (1) Worker's Compe ation, l M�16yees Liability, (2) Public Liability, MW y damage. A Carti cate of Insurance will be furnished upon request, Description of work to be done: Metra will brush and vacuum all the supply and return duct and the fresh aar intake for unit 4 as shown. Metra will cut access where needed. Metro will wash and wipe all the diffusers corresponding to Unit 4. Metro will lay plastic where ceded. Metro will leave all worked areas in a clean condition. Prices for above week: $ 3,500.00 Plus sales tax. NET TIERM * 30 clavi To accept tws propo", you mulct saga and return one copy before work commewes. Sime: _ Date: Title: --- -. P.U.# . �itx�rely, rt Jeffrey -R_ Fischer (dice Manager 1 Packet Page Number 185 of 190 01/25/2011 14:59 6514842297 METRO C4EANING INC � PAGEG_� �_1 Agenda Item J4 - Attachment 5 Metro -Cleaning vice, Inc. RYAN 1NDUffrRIAL PARK 2W FtYM C)Fi1VE NT. PAUL• , IMMEWTA 66117 Phone: (651) 484 -OM Attmfioti. Lam' Farr Far. (01) 4042M City of Maplewood 2100 White Bear Ave Maplewood, UN 55109 We hereby agree to perform the following work and semces for you and fimsh labor, equipmcat and materials necessary. Metro will clean the Ulat 5 supply and return ductwork, fresh azar intake, and re -heat coil located at the above addrem as described below. Metro has thirty --um (39) years of experi a intho type of cleaning and maintain that all work be done in a saisfactoxy manner. We provide the following ;ts,rs r e¢: (l) Worker's Compensation, Employer's Liability, (2) Public Liability, proPerty damage. A. Certificate of IrLsmance will be furnisW upon request. Description of wank to be done: Metro will brush and vacuum all the supply and return duct and the ftsh air intake for Unit 5 as shown. Metro will cut access where becded. Metro will waab and wipe all the diffusers corresponding to Unit 5. Metro .gill also air -pressure and vacuum the reheat coil corresponding to Unit 5 above the meeting�room. Metro will lay plastic where needed- M will leave all warp areas in a clean condition. Prices for above work: $ 37650.00 Plus sales W. T N_F,T TERMS} 30 dMs Sincerely, 3effrey R. Fiscl]tr7r t Office Mawger To accept this plruposal, you must sign and return one copy before work comms. signature: Date: Title: � P.O.# T E METRO R 0 Packet Page Number 186 of 190 01.]25/2011 14:59 6514842237 METRO CLEANING INC t Metro -Cleaning rvi , Inc. PAGE 04 D Agenda Item J4 - Attachment 5 Vire hereby agree to perform the following work and services for you wd furnish labor, equipment and mcauls necessary. Metro will clean the Unit 6 sulaply and return ductwork, fresh air intake, and mhtem coil located at the above address as described below. Maw has ftrty- rye (39) years of experience in this type of cleaning and anuawtam that X11 work be done in a satisfwWry mance. We provide the following insurance: (1) Worke?s Compensation, Empioyees tial ility, (2) Public Liability, property damage. A Ceartaficate of Insurance will be furnished upon request. Desq i[attion of world to be done: 11 coo will brush and rracmm all the supply and return duct aml the leeSht at intake for Unit 6 as shown. Metro will cut access when weded. Metro will wash and wipe all the diffusers corresponding to Unit 6. Metro wilt also air -pressor and vacuum the reheat coil corresponding to Unit 6 above the meeting room Metro wall lay plwdc where needed. Metro will leave all worked areas in a clean condition. Prices for above work: $ 3,650.00 Plus sales tax. NET TERMS- 30ft3mt Sincerely, Je .Fischer Office Manager To accept this proposal, you nmLq sign and , return oar copy before work commcm;cs. signatwre: Date: Title. P.01 - f .. M E METRO Q 0 Packet Page Number 187 of 190 RYAN INDUSTRIAL PARK WS RYAN OR{VE ST. PAUL, WNRESQTA 15117 Phom (661) 4844M Attention, Larry Farr Few- (851) 4M40M7 City of Maplewood _ 2100 White Bow Ave Maplewood, W 551.09 Vire hereby agree to perform the following work and services for you wd furnish labor, equipment and mcauls necessary. Metro will clean the Unit 6 sulaply and return ductwork, fresh air intake, and mhtem coil located at the above address as described below. Maw has ftrty- rye (39) years of experience in this type of cleaning and anuawtam that X11 work be done in a satisfwWry mance. We provide the following insurance: (1) Worke?s Compensation, Empioyees tial ility, (2) Public Liability, property damage. A Ceartaficate of Insurance will be furnished upon request. Desq i[attion of world to be done: 11 coo will brush and rracmm all the supply and return duct aml the leeSht at intake for Unit 6 as shown. Metro will cut access when weded. Metro will wash and wipe all the diffusers corresponding to Unit 6. Metro wilt also air -pressor and vacuum the reheat coil corresponding to Unit 6 above the meeting room Metro wall lay plwdc where needed. Metro will leave all worked areas in a clean condition. Prices for above work: $ 3,650.00 Plus sales tax. NET TERMS- 30ft3mt Sincerely, Je .Fischer Office Manager To accept this proposal, you nmLq sign and , return oar copy before work commcm;cs. signatwre: Date: Title. P.01 - f .. M E METRO Q 0 Packet Page Number 187 of 190 Agenda Item J4 - Attachment 6 ThemeScapes, Inc. Maplewood Aquatic Center Theming Proposal 41-11 1. Zero Depth Pool Sub 5tatiion._._._.__.._.........._.__......__._..... _........... .......... ................... $39,000 • 1 Kidde Slide coming out of back of sub constructed of plastic • Interactive sprayers controlled by floor geysers • Push button control panel in cockpit that activates spray guns on roof • All sprayers controlled by pressure activation • Interactive periscope • Sub to be retrofitted to work with existing plumbing conditions • All work built complete in ThemeScapes facility ahead of shutdown • Sub Station built with GFRC Concrete and plastic • no metal or products that promote mold or decay • Over all dimensions 16' long x S ` wide 2. Design and engineering._.__._...._.__._.._._...._._..........._._.__._...._....._._._.__.._.__.._._.__._.........$9,500.00 • Includes 4 sets of final shop approved drawings of the Sub Station • Working Model • Final colored renderings for owner (which could be used as marketing tool) Notes: • All work to include engineering and shop drawings which would be reviewed by state and city inspectors, any plan submittal fees for review will be responsible by the owner (City) • All work described above would be jointly built in ThemeScapes facility and will require a shut down for some the components for a maximum of 2-3 weeks, fabrication includes approximately 3 months to be safe • Samples and approved shop drawings will require the owners written approval prior to build • ThemeScapes to provide a detailed construction schedule from shop drawing to finish date once contract is signed • Any changes to the contract would need owners written approval after price has been agreed to • Demo and plumbing underground to be done by others Terms: • 50 % down deposit upon signed contract for construction portion, monthly progress payments to be paid and the rest paid within 30 days of completion of work. • Design and engineering payed in full upon contract execution • Interest will be charged on past due balances at a rate of 1% per month prorated daily. • Collection expenses on any unpaid balances will be the responsibility of the buyer including any related attorney collection fees. Themescapes, Inc. Accepted By Printed Name: Ole Nasvik Printed Name: Title: President Title: Date Signed: Date Signed: Packet Page Number 188 of 190 To: Jim Behan From: Dass Lundgren 1?e.- Pool re -finishing Agenda Item J4 - Attachment 6 501 Industrial Blvd - Waconia, MN 55387 952-856-7550.952-856-7551 Fax 12-30-2010 -Aqua Logic, Inc_ proposes to re -finish the leisure pool at the Maplewood Community Center with "Diamond Brite' pool plaster for a price of ................ _ .. _ .. _ _ $41,500-00 Price includes: Demo around inlets and the to wept neva plaster Overlay step trim the Remove and patch loose piaster Bond Kote pool ' Plaster pool with "Diamond Brite' Removal of debris and clean up Price does not include: Emptying or re -filling pool Tile replacement Removal or replacement of play features Equal Opportunity Employer Packet Page Number 189 of 190 dp OLYMPIC Poops OLYPOOLS.COM Jim Behan Maplewood Community Center 2100 White Bear Avenue Maplewood, MN 55109 Dear Jim: Agenda Item J4 - Attachment 6 December 14, 2010 We are pleased to provide you with budget pricing for resurfacing your leisure pool and plunge area. Our work would consist of the following. • Pricing assumes the leisure pool is drained to the start of our work. • Protect your deck area with plastic in areas where we will be working or staging materials. • Diamond cut an edge along the water line tile and accent tile on step edges. • Chip plaster from tile edges around all return fittings in pool • Sound test existing surface to identify and dislodge any loose plaster • Remove and dispose of any plaster chips and debris. • Reinstall new tile on step edges • Remove transition tile line and install new tile. • Acid wash surface and apply Bond Kote to provide proper substrate to mechanically bond plaster to the existing plaster / concrete surface. • Apply new Diamond Brite plaster on surface and steps as manufactured by SGM. • Mild acid wash of plaster surface. • Remove plastic and sweep clean area • Budget: Twenty seven thousand and five hundred dollars ($ 27,500) Play toys • Remove and dispose of all four water feature toys. • Cut into concrete an approximate 2' x 2' opening to expose existing piping. • Pricing does not include rebar pining or pouring of a new concrete floor. This will be determined based on the number and placement of new water features. • Budget: Twelve thousand dollars ($ 12,000) I hope this information is helpful in your planning. Let me know if you have any questions. S T ccerely, _ 1. Pr4C, d 135 Atwood Street South • Shakopee, Minnesota 55379 • Tel 952-224p2 Pal xm963446aUWo