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2011 08-08 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 8, 2011 City Hall, Council Chambers Meeting No. 15-11 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 July 25, 2011, City Council Workshop Minutes 2. Approval of July 25, 2011, City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Presentation by Ramsey County Sheriff Matt Bostrom 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 Agreement Between the City and Komen as Producer of the 2011 Susan G. Komen Twin Cities 3-Day for the Cure Event 3. Approval to Accept Donation to Police Reserves 4. Approval of Contract with Check Diversion Program, LLC 5. Consider Approval of Award of Contract for MCC Aquatic Center Murals 6. Approval of the City’s Amended Cafeteria Plan Documents 7. Approval of the City’s HIPAA Privacy Policies and Procedures 8. Conditional Use Permit Review—Beaver Lake Town Houses, Maryland Avenue and Lakewood Drive 9. Approve Entering into Contract for Implementation and Training for Civil 3D Software Update 10. Approval of Resolution Directing Modification of Existing Construction Contract, Supplemental Agreement Nos. 5, 6, 11 and 13 with Ramsey County, White Bear Avenue / County Rd D Improvements, Project 08-13 11. Approval of Resolution Adopting Support for Funding Applications a. Gladstone Area Improvements, City Project 04-21 STP Funding Application b. TH 36 and English Street Interchange Improvements, City Project 09-08 STP Funding Application c. TH 36 and English Street Interchange Improvements, City Project 09-08 Municipal Agreement Funding Application d. County Road D Court Improvements, City Project 10-20 Municipal Agreement Funding Application 12. Approval of Snake Creek Stabilization (Sterling Street Crossing), City Project 10- 13, Resolution Approving Payment, Acceptance of Project and Closure of Project Fund H. PUBLIC HEARINGS I. UNFINISHED BUSINESS 1. Consider Approval to Enter into a Contract with The Conservation Fund for Purchase of Fish Creek Property J. NEW BUSINESS 1. Request of the City Council to Call a Special Meeting to Canvass the Results of the August 9, 2011 Primary Election K. VISITOR PRESENTATIONS L. AWARD OF BIDS 1. Award of Bid for Joy Park Phase II Improvements 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. January 10, 2011 City Council Manager Workshop Minutes 1 Agenda Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 p.m., Monday, July 25, 2011 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:15 p.m. by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present James Llanas, Councilmember Present – Arrived at 5:21 p.m. John Nephew, Councilmember Present C. APPROVAL OF AGEND A Councilmember Nephew moved to approve the agenda as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. D. UNFINISHED BUSINESS None. E. NEW BUSINESS 1. Commission Applicant Interviews – the Council interviewed individuals for the following commissions and will make appointments at the City Council meeting to be held after the Workshop. a. Environmental & Natural Resources Commission b. Community Design Review Board c. Housing Redevelopment Authority 2. Police Space Needs Study Report Larry Koch, of SEH, presented the report. Assistant City Manager Ahl and Police Chief Thomalla answered questions of the council. F. ADJOURNMENT Mayor Rossbach adjourned the meeting at 7:02 p.m. Packet Page Number 1 of 202 April 11, 2011 City Council Meeting Minutes 1 Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, July 25, 2011 Council Chambers, City Hall Meeting No. 14-11 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:14 p.m. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present D. APPROVAL OF AGE NDA The following items were added to the agenda by councilmembers: N1. National Night Out N2. Tartan Ice Arena N3. Dispatch Policy Update Councilmember Llanas moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of July 11, 2011, City Council Workshop Minutes Councilmember Juenemann had a correction to page 1 of workshop minutes amending the time the meeting adjourned to 6:51 p.m. Councilmember Nephew moved to approve the July 11, 2011, City Council Workshop Minutes as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. Packet Page Number 2 of 202 April 11, 2011 City Council Meeting Minutes 2 2. Approval of July 11, 2011, City Council Meeting Minutes Councilmember Juenemann had a correction to page 16 of the minutes amending agenda item J2 was seconded by councilmember Juenemann not councilmember Nephew. Councilmember Juenemann requested the following be included at the end of the motion of agenda item J4 page 17, to Graybar Electric for a purchase price of $49,671.00. Councilmember Nephew moved to approve the July 11, 2011, City Council Meeting Minutes as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Swearing in Ceremony for New Firefighters Ryan Bradbury, Bob Bresin, Becky Dierich, Chris Mellen, Peter Monson and Al Pacheco – No Report Fire Chief Lukin introduced each new firefighter and City Clerk Guilfoile administered the Oath of Office. 2. Appointments to Commissions and Boards i. Environmental & Natural Resources Commission ii. Community Design Review Board iii. Housing Redevelopment Authority Councilmember Nephew moved to approve the resolution making the appointment to the following: Ann Palzer, Environmental & Natural Resources Commission; Jawald Ahmed, Community Design Review Board; and Dennis Unger, Housing Redevelopment Authority. RESOLUTION 11-7-602 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: Environmental & Natural Resources Commission Ann Palzer, Term expiring 9/30/2013 Community Design Review Board Jawald Ahmed, Term expiring 4/30/2012 Housing Redevelopment Authority Dennis Unger, Term expiring 9/30/2012 Seconded by Councilmember Juenemann Ayes – All The motion passed. Packet Page Number 3 of 202 April 11, 2011 City Council Meeting Minutes 3 G. CONSENT AGENDA Councilmember Nephew moved to approve consent agenda items 1-6. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Nephew moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 660,728.95 Checks # 84706 thru # 84739 dated 07/21/11 $ 190,779.36 Disbursements via debits to checking account dated 06/24/11 thru 07/08/11 $ 132,333.05 Checks # 84740 thru # 84781 dated 07/29/11 $ 317,243.82 Disbursements via debits to checking account dated 07/06/11 thru 07/15/11 $ 1,301,085.18 Total Accounts Payable PAYROLL $ 517,149.67 Payroll Checks and Direct Deposits dated 07/08/11 $ 2,375.01 Payroll Deduction check # 9984564 thru # 9984566 dated 07/08/11 $ 519,524.68 Total Payroll $ 1,820,609.86 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of Developer Agreement, Cottagewood 2nd Developer, City Project 11-05 Councilmember Nephew moved to approve the Developer Agreement, Cottagewood 2nd Developer, City Project 11-05 and corresponding maintenance agreement. Seconded by Councilmember Juenemann Ayes – All The motion passed. Packet Page Number 4 of 202 April 11, 2011 City Council Meeting Minutes 4 3. Approval to Accept Alcohol Compliance Check Grant Councilmember Nephew moved to approve the Acceptance of the Alcohol Compliance Check Grant. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Conditional Use Permit Review, St. Paul Regional Water Services (McCarron’s Treatment Plant), 1900 Rice Street Councilmember Nephew moved to approve the Conditional Use Permit Review, St. Paul Regional Water Services (McCarron’s Treatment Plant), 1900 Rice Street. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Conditional Use Permit Review, St. Paul’s Priory Planned Unit Development, Benet Road and Monastery Way Councilmember Nephew moved to approve the Conditional Use Permit Review, St. Paul’s Priory Planned Unit Development, Benet Road and Monastery W ay. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Approval of Driving Diversion Program Agreement Councilmember Nephew moved to approve the Driving Diversion Program Agreement. Seconded by Councilmember Juenemann Ayes – The motion passed. H. PUBLIC HEARING 1. Gladstone Area Redevelopment Improvements, Project 04-21 a. Assessment Hearing, 8:42 p.m. b. Approve Resolution for Adoption of Assessment Roll Mayor Rossbach opened the public hearing. The following persons spoke: 1. Mark Kiperstin, representing Rand Corporation 2. Greg Johnson, Developer for the Property 3. Mark Bradley, Maplewood 4. Bob Zick, North St. Paul Councilmember Nephew moved to continue the public hearing to August 22, 2011. Seconded by Councilmember Koppen Ayes – All The motion passed. Packet Page Number 5 of 202 April 11, 2011 City Council Meeting Minutes 5 I. UNFINISHED BUSINESS 1. Approval of Chicken Ordinance Summary Publication (Super Majority Vote) Councilmember Koppen moved to approve the Chicken Ordinance Summary Publication. Seconded by Councilmember Nephew Ayes – All The motion passed. J. NEW BUSINESS 1. Approval of Transfer of Environmental Utility Funds for July 16th Storm Clean-up and Investigation City Engineer Thompson presented the report and gave specifics of the report. The following persons spoke: 1. Kevin McLafferty, Maplewood 2. Dan Haag, Maplewood 3. Diana Longrie, Maplewood 4. Betty Bryan, Maplewood Councilmember Llanas moved to approve the Transfer of Environmental Utility Funds for July 16, 2011 Storm Clean-up and Investigation. Seconded by Councilmember Nephew Ayes – All The motion passed. 2. Approval of Conditional Use Permit Revision, Parking Reduction Waiver and Design Review Former Corner Kick Soccer Center, 1357 Cope Avenue Senior Planner Ekstrand gave the report. Planning Commissioner Al Bierbaum spoke. Matt Revida from the Community Design Review Board addressed the council. Mike McGrath, owner of the building located at 1357 Cope Avenue addressed the council. Councilmember Nephew moved to approve the Conditional Use Permit Revision, Parking Reduction Waiver and Design Review Former Corner Kick Soccer Center, 1357 Cope Avenue with the following condition added. The uses of the building shall be restricted to those that would generate the amount of parking that is available on the site. Seconded by Councilmember Llanas Ayes – All The motion passed. The council took a 10 minute recess. Packet Page Number 6 of 202 April 11, 2011 City Council Meeting Minutes 6 3. Approval of Conditional Use Permit, Design Review and Parking Reduction Authorization for South Metro Human Services Mental Health Care Facility, 1111 Viking Drive Senior Planner Ekstrand gave the staff report. Matt Ledvina from the Community Design Review Board addressed the council. Planning Commissioner Al Bierbaum spoke. The following people spoke: 1. Ken Frigstad, Maplewood 2. John Wycoff, Maplewood 3. Bob Zick, North St. Paul 4. Don Huot, Maplewood 5. Terry Schneider, Conditional Use Permit Applicant 6. Dick Sappala, Maplewood 7. Ken Frigstad, Maplewood – second appearance The following changes were made to the resolution: Remove #1 - All construction shall follow the site plan approved by the city. Staff may approve minor changes. Add to #6 - The applicant shall provide on-site staffing 24 hours a day and 365 days a year, this is to ensure the health and safety of the residents in accordance with Minnesota Statute Section 245A.11. Add #7: This conditional use permit is granted based on the pertinent requirements of federal and state laws, which are Minnesota Statute Section 245A.11 and the requirements of the FHA, the FHAA and the ADA (the Fair Housing Act, the Fair Housing Act Amendment of 1988 and the American’s with Disabilities Act) which all have requirements about accommodations for people with disabilities in various ways. Councilmember Llanas moved to approve the Conditional Use Permit, Design Review and Parking Reduction Authorization for South Metro Human Services Mental Health Care Facility, 1111 Viking Drive as amended. Seconded by Councilmember Nephew Ayes – All The motion passed. ADJOURNMENT Mayor Rossbach adjourned the meeting at 11:35 p.m. Visitor Presentations, Administrative Presentations and Council Presentations were not heard. Packet Page Number 7 of 202 AGENDA ITEM F1 AGENDA REPORT TO: City Council FROM: James Antonen, City Manager SUBJECT: Presentation by Ramsey County Sheriff Matt Bostrom DATE: August 2, 2011 INTRODUCTION/SUMMARY Ramsey County Sheriff Matt Bostrom will give a presentation to the City Council. No action is needed. Packet Page Number 8 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 AGENDA NO.G-1 TO:City Council FROM:Finance Manager RE:APPROVAL OF CLAIMS DATE: 924,563.15$ Checks # 84782 thru # 84825 dated 07/21/11 thru 07/26/11 153,758.80$ Disbursements via debits to checking account dated 07/15/11 thru 07/22/11 509,292.43$ Checks # 84826 thru # 84879 dated 07/26/11 thru 08/02/11 320,519.67$ Disbursements via debits to checking account dated 07/20/11 thru 07/28/11 1,908,134.05$ Total Accounts Payable 516,223.43$ Payroll Checks and Direct Deposits dated 07/22/11 2,375.01$ Payroll Deduction check # 9984600 thru # 9984602 dated 07/22/11 518,598.44$ Total Payroll 2,426,732.49$ GRAND TOTAL kf attachments 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. PAYROLL AGENDA REPORT August 8, 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: Packet Page Number 9 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 Check Description Amount 84782 00001 S SETNES PAYCHECK 7/2 - 7/15 786.94 84783 04508 UMPIRES JUNE & JULY 9,802.00 04508 UMPIRES AT MCKNIGHT FOR NSP 4,836.00 84784 00240 APPLICANT BACKGROUND CHECKS 60.00 84785 04572 REPAIR LEAKING WITH NEW PITCH PANS 3,248.00 84786 00585 NET BILLABLE TICKETS - JUNE 899.00 84787 04206 PROSECUTION & LEGAL SRVS - AUG 16,100.00 84788 00985 WASTEWATER - AUGUST 216,688.14 84789 01337 911 DISPATCH SERVICES - JUNE 24,088.75 01337 FLEET SUPPORT FEE - JUNE 595.84 01337 FLEET SUPPORT FEE - JUNE 560.00 84790 01337 VOTING SYSTEM CHARGES - 2011 6,818.18 84791 01337 PLANTS HOME RAINGARDENS STILLWATE 2,839.13 01337 PLANTS FOR DRAINAGE PROJ 471.32 84792 01409 FLEET AUDIT EECBG GRANT 2,475.00 01409 FLEET AUDIT EECBG GRANT 1,980.00 84793 01463 MCC MASSAGES - JUNE 16-30 1,221.00 84794 01546 CITY LOGO CAPS 144.00 84795 01574 PROJ 10-14 WESTERN HILL PARTPMT#3 565,057.28 84796 01190 ELECTRIC & GAS UTILITY 6,348.77 01190 ELECTRIC & GAS UTILITY 3,164.27 01190 ELECTRIC & GAS UTILITY 2,279.16 01190 ELECTRIC & GAS UTILITY 296.19 01190 FIRE SIRENS 51.51 84797 00111 BOARDING & DESTRUCTION FEES 2,147.85 84798 03738 RETAINER FOR LEGAL & RENT - AUG 6,375.00 84799 00216 TIF WORK 1-10 5,500.00 00216 TIF WORK 1-11 4,000.00 84800 04549 ZUMBA INSTRUCTION - JUNE 147.00 84801 00399 REPLACEMENT LINE STRIPER 5,444.44 84802 00420 POLICE VEHICLE CLEANING & DETAILING 619.73 84803 03619 PROJ 10-14 TELEVISING 81.00 03619 PROJ 10-14 TELEVISING 81.00 84804 01401 DAY CAMP BUS FEE - MUNICIPAL STADIUM 295.00 01401 DAY CAMP BUS FEE - TARGET CENTER 295.00 84805 04867 PROF SRVS THRU 07/01 18,798.50 84806 00612 REPAIR EXERCISE EQUIP MCC 1,057.54 84807 03597 REIMB FOR MILEAGE 6/14 - 7/12 12.92 84808 02830 REIMB FOR P.E. LICENSING 132.00 84809 00867 AD FOR BID MCC POOL MURAL 165.00 84810 04896 SECURITY OFFICER FOR MCC EVENT 227.50 84811 01043 MEMBERSHIP FEE 30.00 84812 00983 LEASE PMT 07/15 - 08/15 1,137.15 84813 04193 FORFEITED VEHICLE STORAGE FEE-JULY 2,250.00 84814 01175 MONTHLY UTILITIES 2,926.27 84815 00001 REFUND B MENSEN ELECTRICAL PERMIT 40.00 84816 00001 REFUND M KRUEGER MEMBERSHIP 37.49 84817 00001 TLT ENTERPRISES - PROJ CANCELLED 37.00 84818 00001 REFUND K MURPHY HP BENEFIT 20.00 84819 01359 CAR WASHES - MAY 102.84 01359 CAR WASHES - APRIL 63.84 84820 02001 MONTHLY JOINT POWER SRVS - JULY 625.00 84821 01387 ADMIN FEE FOR STRESS TEST - JULY 100.00 Check Register City of Maplewood 07/22/2011 Date Vendor 07/21/2011 ONE TIME VENDOR 07/26/2011 ETTEL & FRANZ 07/26/2011 GOPHER STATE ONE-CALL 07/26/2011 H.A. KANTRUD 07/26/2011 BETWEEN THE LINES 07/26/2011 BETWEEN THE LINES 07/26/2011 C.S.C. CREDIT SERVICES 07/26/2011 RAMSEY COUNTY-PROP REC & REV 07/26/2011 RAMSEY COUNTY-PROP REC & REV 07/26/2011 RAMSEY COUNTY-PROP REC & REV 07/26/2011 METROPOLITAN COUNCIL 07/26/2011 RAMSEY COUNTY-PROP REC & REV 07/26/2011 RAMSEY COUNTY-PROP REC & REV 07/26/2011 SISTER ROSALIND GEFRE 07/26/2011 SUBURBAN SPORTSWEAR 07/26/2011 T.A. SCHIFSKY & SONS, INC 07/26/2011 RAMSEY COUNTY-PROP REC & REV 07/26/2011 S.E.H. 07/26/2011 S.E.H. 07/26/2011 XCEL ENERGY 07/26/2011 XCEL ENERGY 07/26/2011 ANIMAL CONTROL SERVICES 07/26/2011 XCEL ENERGY 07/26/2011 XCEL ENERGY 07/26/2011 XCEL ENERGY 07/26/2011 JAN ALICE CAMPBELL 07/26/2011 DIAMOND VOGEL PAINTS 07/26/2011 DOWNTOWNER DETAIL CENTER 07/26/2011 CHARLES E. BETHEL 07/26/2011 BRIGGS & MORGAN, P.A. 07/26/2011 BRIGGS & MORGAN, P.A. 07/26/2011 FIRST STUDENT INC 07/26/2011 FOTH INFRASTRUCTURE & ENVIR 07/26/2011 GYM WORKS INC 07/26/2011 DRAIN KING INC 07/26/2011 DRAIN KING INC 07/26/2011 FIRST STUDENT INC 07/26/2011 KATIE LYNCH 07/26/2011 M E H A 07/26/2011 METRO SALES INC 07/26/2011 MARY JO HOFMEISTER 07/26/2011 JON JAROSCH 07/26/2011 LILLIE SUBURBAN NEWSPAPERS 07/26/2011 ONE TIME VENDOR 07/26/2011 ONE TIME VENDOR 07/26/2011 ONE TIME VENDOR 07/26/2011 MIDAMERICA AUCTIONS 07/26/2011 CITY OF NORTH ST PAUL 07/26/2011 ONE TIME VENDOR 07/26/2011 DR. JAMES ROSSINI 07/26/2011 REGAL AUTO WASH DETAIL XX 07/26/2011 REGAL AUTO WASH DETAIL XX 07/26/2011 CITY OF ROSEVILLE Packet Page Number 10 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 84822 04822 MARKERS FOR MEDIC33 64.00 84823 01836 CRIME LAB SERVICES - JUNE 345.00 01836 RADIO SHOP SERVICES - JUNE 114.60 84824 04905 DAYTRIP DEPOSIT 30.00 84825 04570 HORSE CAMP FEES - DAY CAMP 450.00 07/26/2011 THE FIRST SIGNS OF FIRE 07/26/2011 CITY OF ST PAUL 924,563.1544Checks in this report. 07/26/2011 CITY OF ST PAUL 07/26/2011 WARRENS CRANBERRY FESTIVAL INC 07/26/2011 WOODRUNN/WOODLOCH INC. Packet Page Number 11 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 Transmitted Settlement Date Date Payee Description Amount 7/15/2011 7/18/2011 MN State Treasurer Drivers License/Deputy Registrar 13,573.00 7/18/2011 7/19/2011 MN Dept of Revenue Sales Tax 6,943.00 7/18/2011 7/19/2011 MN State Treasurer Drivers License/Deputy Registrar 15,930.50 7/15/2011 7/20/2011 US Bank VISA One Card*Purchasing card items 48,479.35 7/19/2011 7/20/2011 MN State Treasurer Drivers License/Deputy Registrar 13,478.75 7/19/2011 7/21/2011 MN Dept of Revenue Fuel Tax 309.38 7/20/2011 7/21/2011 MN State Treasurer Drivers License/Deputy Registrar 12,605.73 7/20/2011 7/22/2011 ICMA (Vantagepointe)Deferred Compensation 4,312.76 7/20/2011 7/22/2011 ING - State Plan Deferred Compensation 27,803.00 7/21/2011 7/22/2011 MN State Treasurer Drivers License/Deputy Registrar 10,323.33 TOTAL 153,758.80 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 12 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 Check Description Amount 84826 02464 FUNDS FOR ATMS 20,000.00 84827 02780 RECWARE 2011 SUPPORT CONTRACT 12,042.19 84828 00157 PROJ 10-14 PROF SRVS 5/21 - 6/17 1,470.50 84829 00687 STORM DAMAGE TRIMMING 855.00 00687 TRIMMING FROM STORM DAMAGE 480.94 00687 TRIMMING FROM STORM DAMAGE 106.88 84830 02728 PROJ 09-08 PROF SRVS THRU 06/30 5,117.15 02728 PROJ 09-04 PROF SRVS THRU 06/30 3,488.65 02728 PROJ 10-09 PROF SRVS THRU 6/30 2,604.95 02728 PROJ 02-07 PROF SRVS THRU 06/30 1,003.75 84831 00393 MONTHLY SURTAX - JUNE 12128123035 5,612.00 84832 04316 AUTO PAWN SYSTEM - JUNE 598.20 84833 01160 DG3 WARNING & REGULATORY SIGNS 4,006.43 84834 01819 LOCAL PHONE SERVICE 6/16 - 7/15 1,531.98 84835 01941 SOCCER MEDALS FOR KICKS FOR KIDS 391.50 01941 MEDALS FOR FLOOR HOCKEY 222.30 84836 01337 PLANS FOR HOME RAINGARDENS 2,070.17 84837 01337 PROJ 04-21 RECORDING FEES 46.00 01337 PROJ 04-21 RECORDING FEES 46.00 84838 01409 PROJ 09-08 ENGINEERING FEES 27,202.76 01409 PROJ 11-13 ENGINEERING FEES 3,605.34 01409 PROJ 04-21 ENGINEERING FEES 3,223.38 01409 PROJ 10-01 ENGINEERING FEES 336.21 84839 02274 SPRINT SRVS 6/15 - 7/14 6,150.65 84840 01574 BITUMINOUS MATERIALS NOT TO EXCEED 5,551.57 01574 BITUMINOUS MATERIALS NOT TO EXCEED 4,157.72 01574 BITUMINOUS MATERIALS NOT TO EXCEED 232.29 84841 01190 ELECTRIC & GAS UTILITY 27,435.07 01190 ELECTRIC UTILITY 13,956.46 01190 ELECTRIC UTILITY 54.71 84842 03890 REPLACE GLASS ON PICKUP 431.54 03890 REPLACE GLASS ON LOADER 308.40 03890 REPLACE GLASS ON LOADER 308.40 84843 04047 SOUND TECHNICIAN MCC JULY 16 100.00 84844 00221 CRACK SEALING MATERIALS 4,308.75 84845 02929 LTC MONTHLY PREMIUM - AUGUST 479.54 84846 03619 PROJ 10-14 TELEVISING 370.00 03619 PROJ 10-14 TELEVISING 170.00 84847 04440 CASH FORFEITURE CASE 09-007-369 52.00 84848 02134 REIMB FOR MILEAGE 09/16/10-06/28/11 55.97 84849 00644 MONTHLY PREMIUM - AUGUST 11,213.23 84850 04909 SOLAR ENERGY EDUCATIONAL PANEL 7,684.31 84851 04906 NATURE CENTER SOLAR COLLECTOR 12,557.15 84852 00827 VOLUNTEER ACCIDENT PLAN 7/11-7/12 1,595.00 84853 00857 LAND USE WORKSHOPS 180.00 00857 SAFETY & LOSS CONTROL WORKSHOP 20.00 00857 SAFETY & LOSS CONTROL WORKSHOP 20.00 84854 00942 BASEMENT CLEAN UP 1901 HAZELWOOD 796.64 00942 BASEMENT CLEAN UP 1891 HAZELWOOD 682.50 00942 BASEMENT CLEANUP 1883 HAZELWOOD 641.46 00942 BASEMENT CLEAN UP 1887 HAZELWOOD 502.95 84855 04446 GUITAR INSTRUCTION 450.00 84856 00953 WELL INSPECTION HAZELWOOD PARK 195.00 Check Register City of Maplewood 07/29/2011 Date Vendor 07/26/2011 US BANK 08/02/2011 HUGO'S TREE CARE INC 08/02/2011 HUGO'S TREE CARE INC 08/02/2011 KIMLEY-HORN & ASSOCIATES INC 08/02/2011 THE ACTIVE NETWORK INC 08/02/2011 BARR ENGINEERING CO 08/02/2011 HUGO'S TREE CARE INC 08/02/2011 DEPT OF LABOR & INDUSTRY 08/02/2011 CITY OF MINNEAPOLIS RECEIVABLES 08/02/2011 NEWMAN SIGNS 08/02/2011 KIMLEY-HORN & ASSOCIATES INC 08/02/2011 KIMLEY-HORN & ASSOCIATES INC 08/02/2011 KIMLEY-HORN & ASSOCIATES INC 08/02/2011 RAMSEY COUNTY-PROP REC & REV 08/02/2011 RAMSEY COUNTY-PROP REC & REV 08/02/2011 RAMSEY COUNTY-PROP REC & REV 08/02/2011 PAETEC 08/02/2011 PATRICK TROPHIES 08/02/2011 PATRICK TROPHIES 08/02/2011 S.E.H. 08/02/2011 SPRINT 08/02/2011 T.A. SCHIFSKY & SONS, INC 08/02/2011 S.E.H. 08/02/2011 S.E.H. 08/02/2011 S.E.H. 08/02/2011 XCEL ENERGY 08/02/2011 XCEL ENERGY 08/02/2011 APPLE GLASS 08/02/2011 T.A. SCHIFSKY & SONS, INC 08/02/2011 T.A. SCHIFSKY & SONS, INC 08/02/2011 XCEL ENERGY 08/02/2011 BROCK WHITE COMPANY, LLC. 08/02/2011 CNAGLAC 08/02/2011 DRAIN KING INC 08/02/2011 APPLE GLASS 08/02/2011 APPLE GLASS 08/02/2011 ASHLAND PRODUCTIONS 08/02/2011 HEALTHPARTNERS 08/02/2011 KIDZIBITS 08/02/2011 KILLMER ELECTRIC CO., INC. 08/02/2011 DRAIN KING INC 08/02/2011 PAT FLEMING 08/02/2011 CAROLE GERNES 08/02/2011 LEAGUE OF MINNESOTA CITIES 08/02/2011 MARSDEN BLDG MAINTENANCE CO 08/02/2011 MARSDEN BLDG MAINTENANCE CO 08/02/2011 L M C I T 08/02/2011 LEAGUE OF MINNESOTA CITIES 08/02/2011 LEAGUE OF MINNESOTA CITIES 08/02/2011 MCCARTHY WELL COMPANY 08/02/2011 MARSDEN BLDG MAINTENANCE CO 08/02/2011 MARSDEN BLDG MAINTENANCE CO 08/02/2011 MICHAEL H. MAY Packet Page Number 13 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 84857 03818 MONTHLY PREMIUM - AUGUST 144,803.79 84858 04370 REPAIR LIFT STATION #14 6,116.38 84859 01085 MONTHLY PREMIUM - AUGUST 3,742.10 84860 01126 MONTHLY PREMIUM - AUGUST 432.00 84861 01089 UNEMPLOYMENT - 2ND QTR 5,485.39 84862 02696 NATURE CENTER SOLAR COLLECTOR 4,660.00 84863 01175 FIBER OPTIC ACCESS CHG - JULY 1,000.00 84864 00001 REFUND J KURIA CUP & RECORDING FEE 1,696.00 84865 00001 REIMB D CONOVER IRRIGATION SYS REPA 294.80 84866 00001 REFUND N TAYLOR BANQUET ROOM 175.00 84867 01261 LUCAS 2 78,538.00 84868 02645 SEMINAR FEE 295.00 84869 02010 CASH FORFEITURE CN 09-007-369 104.00 84870 01418 DAY CAMP SUPPLIES/SNACKS 216.71 01418 DAY CAMP SNACKS/SUPPLIES 198.60 01418 MDSE FOR RESALE/SILVER SNEAKERS 192.40 01418 FOOD FOR NEW FF MEET & GREAT 164.91 01418 MDSE FOR RESALE 123.34 01418 SUPPLIES FOR SPECIAL EVENTS 103.55 01418 DAY CAMP SNACKS/SUPPLIES 85.14 01418 SUPPLIES FOR CITY COUNCIL/HR/MGR 30.65 01418 MDSE FOR RESALE 21.78 01418 PRESCHOOL CAMP SUPPLIES 10.68 01418 DAYCAMP SUPPLIES 9.96 01418 POPCORN BAGS - REIMBURSED TO CITY 6.13 01418 PRESCHOOL CAMP SUPPLIES 5.98 84871 03879 EMS FEES - AUG 577.08 84872 01455 REIMB-NATIONAL NIGHT OUT SUPPLIES 189.34 84873 03616 TIF PAYMENT TO DEVELOPER 35,709.82 84874 01836 PROJ 10-14 WATERMAIN WORK 6,695.98 01836 CAD SYSTEM ACCESS APRIL - JUNE 2,700.00 84875 01573 SECURITY OFFICER MCC JULY 23 245.00 84876 03277 ESCROW RELEASE FUNDS 05-30 2,208.99 84877 01669 FORFEITED VEHICLE TOWING - JUNE 1,366.48 84878 00529 LTD PLAN 4043120-2 - AUGUST 2,995.28 00529 STD PLAN 4043120-1 - AUGUST 2,209.58 84879 04907 NATURE CENTER SOLAR COLLECTOR 9,159.00 08/02/2011 MEDICA 08/02/2011 MERIT ELECTRIC COMPANY 08/02/2011 MUSKA ELECTRIC CO 08/02/2011 CITY OF NORTH ST PAUL 08/02/2011 ONE TIME VENDOR 08/02/2011 MN LIFE INSURANCE 08/02/2011 MN NCPERS LIFE INSURANCE 08/02/2011 MN UC FUND 08/02/2011 PUBLIC AGENCY TRAINING COUNCIL 08/02/2011 RAMSEY CTY ATTORNEY'S OFFICE 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 ONE TIME VENDOR 08/02/2011 ONE TIME VENDOR 08/02/2011 PHYSIO-CONTROL, INC. 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 SAM'S CLUB DIRECT 08/02/2011 CITY OF ST PAUL 08/02/2011 CITY OF ST PAUL 08/02/2011 TOM SZCZEPANSKI 08/02/2011 SANSIO 08/02/2011 MICHAEL SHORTREED 08/02/2011 SIBLEY COVE, LTD PARTNERSHIP 08/02/2011 UNION SECURITY INSURANCE CO 08/02/2011 WENZEL HEATING/AIRCONDITIONING 509,292.4354Checks in this report. 08/02/2011 TROUT LAND LLC 08/02/2011 TWIN CITIES TRANSPORT & 08/02/2011 UNION SECURITY INSURANCE CO Packet Page Number 14 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 Transmitted Settlement Date Date Payee Description Amount 7/20/2011 7/25/2011 P.E.R.A.P.E.R.A.89,260.30 7/20/2011 7/25/2011 U.S. Treasurer Federal Payroll Tax 96,197.90 7/22/2011 7/25/2011 MN State Treasurer Drivers License/Deputy Registrar 11,428.20 7/20/2011 7/26/2011 Labor Unions Union Dues 3,728.38 7/20/2011 7/26/2011 MidAmerica - ING HRA Flex plan 13,321.58 7/20/2011 7/26/2011 MN State Treasurer State Payroll Tax 20,842.96 7/25/2011 7/26/2011 MN State Treasurer Drivers License/Deputy Registrar 15,126.66 7/25/2011 7/26/2011 Pitney Bowes Postage 2,985.00 7/26/2011 7/27/2011 MN State Treasurer Drivers License/Deputy Registrar 20,861.92 7/27/2011 7/28/2011 MN State Treasurer Drivers License/Deputy Registrar 19,691.75 7/20/2011 7/29/2011 Optum Health DCRP & Flex plan payments 3,865.17 7/28/2011 7/29/2011 MN Dept of Natural Resources DNR electronic licenses 3,291.75 7/28/2011 7/29/2011 MN State Treasurer Drivers License/Deputy Registrar 19,918.10 TOTAL 320,519.67 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 15 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 CHECK #CHECK DATE EMPLOYEE NAME 07/22/11 NEPHEW, JOHN 416.42 07/22/11 ROSSBACH, WILLIAM 473.15 07/22/11 KOPPEN, MARVIN 416.42 07/22/11 LLANAS, JAMES 416.42 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 07/22/11 JUENEMANN, KATHLEEN 416.42 07/22/11 BURLINGAME, SARAH 1,966.90 07/22/11 KANTRUD, HUGH 184.62 07/22/11 AHL, R. CHARLES 4,958.72 07/22/11 ANTONEN, JAMES 5,300.00 07/22/11 STRAUTMANIS, MARIS 234.00 07/22/11 VALLE, EDWARD 50.00 07/22/11 RAMEAUX, THERESE 3,030.67 07/22/11 BAUMAN, GAYLE 4,014.97 07/22/11 JAHN, DAVID 2,142.41 07/22/11 KARIS, DYLAN 880.00 07/22/11 CHRISTENSON, SCOTT 1,962.49 07/22/11 FARR, LARRY 2,885.65 07/22/11 KELSEY, CONNIE 2,569.24 07/22/11 RUEB, JOSEPH 2,493.80 07/22/11 DEBILZAN, JUDY 1,270.59 07/22/11 JACKSON, MARY 2,147.96 07/22/11 FORMANEK, KAREN 1,285.85 07/22/11 ANDERSON, CAROLE 1,129.47 07/22/11 SCHMIDT, DEBORAH 2,719.20 07/22/11 SPANGLER, EDNA 997.89 07/22/11 GUILFOILE, KAREN 4,176.43 07/22/11 NEPHEW, MICHELLE 1,630.15 07/22/11 ARNOLD, AJLA 1,480.49 07/22/11 CAREY, HEIDI 2,005.19 07/22/11 OSTER, ANDREA 1,886.78 07/22/11 RICHTER, CHARLENE 764.05 07/22/11 MECHELKE, SHERRIE 1,175.19 07/22/11 MOY, PAMELA 1,377.69 07/22/11 CORTESI, LUANNE 1,052.90 07/22/11 LARSON, MICHELLE 1,758.15 07/22/11 KVAM, DAVID 4,188.29 07/22/11 PALANK, MARY 1,902.77 07/22/11 JAGOE, CAROL 255.63 07/22/11 CORCORAN, THERESA 1,906.15 07/22/11 SCHOENECKER, LEIGH 1,311.12 07/22/11 WEAVER, KRISTINE 2,288.56 07/22/11 ABEL, CLINT 3,001.43 07/22/11 ALDRIDGE, MARK 2,954.18 07/22/11 THOMALLA, DAVID 4,936.26 07/22/11 YOUNG, TAMELA 1,898.16 07/22/11 POWELL, PHILIP 2,903.66 07/22/11 SVENDSEN, JOANNE 2,081.79 07/22/11 BIERDEMAN, BRIAN 3,423.61 07/22/11 BOHL, JOHN 3,242.23 07/22/11 BELDE, STANLEY 3,063.23 07/22/11 BENJAMIN, MARKESE 3,075.62 07/22/11 BAKKE, LONN 2,901.07 07/22/11 BARTZ, PAUL 5,134.68 07/22/11 BUSACK, DANIEL 3,435.57 Packet Page Number 16 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 07/22/11 DOBLAR, RICHARD 3,886.81 07/22/11 DUGAS, MICHAEL 4,897.50 07/22/11 CROTTY, KERRY 3,575.20 07/22/11 DEMULLING, JOSEPH 3,426.95 07/22/11 COFFEY, KEVIN 3,083.47 07/22/11 FRITZE, DEREK 3,636.89 07/22/11 GABRIEL, ANTHONY 3,521.16 07/22/11 FORSYTHE, MARCUS 2,007.96 07/22/11 FRASER, JOHN 3,404.51 07/22/11 ERICKSON, VIRGINIA 2,607.27 07/22/11 FLOR, TIMOTHY 3,574.41 07/22/11 KALKA, THOMAS 913.08 07/22/11 KONG, TOMMY 3,227.50 07/22/11 HIEBERT, STEVEN 3,390.38 07/22/11 JOHNSON, KEVIN 4,281.55 07/22/11 HAWKINSON JR, TIMOTHY 2,810.68 07/22/11 HER, PHENG 2,848.77 07/22/11 LU, JOHNNIE 2,974.04 07/22/11 LYNCH, KATHERINE 2,301.47 07/22/11 LANGNER, SCOTT 2,996.32 07/22/11 LANGNER, TODD 2,943.49 07/22/11 KREKELER, NICHOLAS 842.40 07/22/11 KROLL, BRETT 3,017.74 07/22/11 NYE, MICHAEL 3,952.89 07/22/11 OLSON, JULIE 3,106.29 07/22/11 MCCARTY, GLEN 3,139.76 07/22/11 METRY, ALESIA 3,112.25 07/22/11 MARINO, JASON 3,144.65 07/22/11 MARTIN, JERROLD 3,115.72 07/22/11 STEINER, JOSEPH 3,504.04 07/22/11 SYPNIEWSKI, WILLIAM 2,785.00 07/22/11 RHUDE, MATTHEW 3,029.13 07/22/11 SHORTREED, MICHAEL 4,060.51 07/22/11 PARKER, JAMES 1,912.51 07/22/11 REZNY, BRADLEY 3,443.76 07/22/11 TRAN, JOSEPH 2,955.28 07/22/11 WENZEL, JAY 2,882.45 07/22/11 THEISEN, PAUL 3,223.07 07/22/11 THIENES, PAUL 4,378.51 07/22/11 SZCZEPANSKI, THOMAS 3,063.23 07/22/11 TAUZELL, BRIAN 2,728.11 07/22/11 BASSETT, BRENT 288.00 07/22/11 BAUMAN, ANDREW 3,112.67 07/22/11 ARKSEY, CHARLES 450.00 07/22/11 BAHL, DAVID 196.00 07/22/11 XIONG, KAO 2,895.38 07/22/11 ACOSTA, MARK 288.00 07/22/11 CAPISTRANT, JACOB 372.00 07/22/11 CAPISTRANT, JOHN 240.00 07/22/11 BRADBURY, RYAN 207.00 07/22/11 BRESIN, ROBERT 144.00 07/22/11 BECK, YANCEY 72.00 07/22/11 BOURQUIN, RON 616.00 07/22/11 HAGEN, MICHAEL 90.00 07/22/11 HALE, JOSEPH 516.00 07/22/11 EVERSON, PAUL 3,266.71 07/22/11 FOSSUM, ANDREW 2,844.11 07/22/11 CRAWFORD, RAYMOND 522.00 07/22/11 DAWSON, RICHARD 3,132.04 07/22/11 HERLUND, RICK 240.00 07/22/11 HEFFERNAN, PATRICK 560.00 07/22/11 HENDRICKSON, NICHOLAS 2,617.63 07/22/11 HALWEG, JODI 1,478.76 07/22/11 HAWTHORNE, ROCHELLE 72.00 Packet Page Number 17 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 07/22/11 HUTCHINSON, JAMES 325.50 07/22/11 KARRAS, JAMIE 174.00 07/22/11 KERSKA, JOSEPH 372.00 07/22/11 JONES, JONATHAN 240.00 07/22/11 KANE, ROBERT 168.00 07/22/11 IMM, TRACY 168.00 07/22/11 JOHNSON, JAMES 357.50 07/22/11 MELLEN, CHRISTOPHER 246.00 07/22/11 MELLEN, RICHARD 168.00 07/22/11 LINDER, TIMOTHY 2,788.53 07/22/11 LOCHEN, MICHAEL 184.00 07/22/11 KONDER, RONALD 456.00 07/22/11 KUBAT, ERIC 2,717.74 07/22/11 NIELSEN, KENNETH 162.00 07/22/11 NOVAK, JEROME 2,993.84 07/22/11 MONSON, PETER 96.00 07/22/11 MORGAN, JEFFERY 260.00 07/22/11 MILLER, NICHOLAS 297.00 07/22/11 MONDOR, MICHAEL 3,089.18 07/22/11 PETERSON, MARK 266.00 07/22/11 PETERSON, ROBERT 3,387.65 07/22/11 OPHEIM, JOHN 504.00 07/22/11 PACHECO, ALPHONSE 480.00 07/22/11 NOWICKI, PAUL 387.00 07/22/11 OLSON, JAMES 2,844.11 07/22/11 REYNOSO, ANGEL 126.00 07/22/11 RICE, CHRISTOPHER 456.00 07/22/11 RAINEY, JAMES 216.00 07/22/11 RAVENWALD, CORINNE 384.00 07/22/11 PLACE, ANDREA 4,030.40 07/22/11 POWERS, KENNETH 177.00 07/22/11 SVENDSEN, RONALD 3,123.82 07/22/11 GERVAIS-JR, CLARENCE 3,867.86 07/22/11 SEDLACEK, JEFFREY 2,924.74 07/22/11 STREFF, MICHAEL 2,844.11 07/22/11 RODRIGUEZ, ROBERTO 312.00 07/22/11 SCHULTZ, JEROME 96.00 07/22/11 PRIEFER, WILLIAM 2,713.17 07/22/11 BRINK, TROY 2,743.42 07/22/11 KNUTSON, LOIS 1,996.55 07/22/11 NIVEN, AMY 1,411.62 07/22/11 LUKIN, STEVEN 4,475.33 07/22/11 ZWIEG, SUSAN 2,234.15 07/22/11 JONES, DONALD 2,131.35 07/22/11 MEISSNER, BRENT 1,930.15 07/22/11 EDGE, DOUGLAS 2,104.20 07/22/11 HAMRE, MILES 1,296.00 07/22/11 BUCKLEY, BRENT 2,135.51 07/22/11 DEBILZAN, THOMAS 981.79 07/22/11 BURLINGAME, NATHAN 2,006.40 07/22/11 DUCHARME, JOHN 2,713.98 07/22/11 RUNNING, ROBERT 2,333.35 07/22/11 TEVLIN, TODD 2,125.35 07/22/11 NAGEL, BRYAN 3,408.40 07/22/11 OSWALD, ERICK 2,348.97 07/22/11 KUMMER, STEVEN 3,123.75 07/22/11 LINDBLOM, RANDAL 2,888.77 07/22/11 JAROSCH, JONATHAN 3,045.65 07/22/11 KREGER, JASON 2,580.15 07/22/11 ENGSTROM, ANDREW 2,459.76 07/22/11 JACOBSON, SCOTT 1,206.82 07/22/11 ZIEMAN, SCOTT 1,022.40 07/22/11 LOVE, STEVEN 3,281.18 07/22/11 THOMPSON, MICHAEL 4,028.25 Packet Page Number 18 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 07/22/11 EDSON, DAVID 2,170.59 07/22/11 GUNDERSON, ANDREW 936.00 07/22/11 KONEWKO, DUWAYNE 4,390.46 07/22/11 NAUGHTON, TYLER 792.00 07/22/11 NORDQUIST, RICHARD 2,127.66 07/22/11 MARUSKA, MARK 3,183.11 07/22/11 NAUGHTON, JOHN 2,125.35 07/22/11 HELMER, JACOB 720.00 07/22/11 HINNENKAMP, GARY 2,137.38 07/22/11 HAYMAN, JANET 1,268.31 07/22/11 HUTCHINSON, ANN 2,622.79 07/22/11 DEAVER, CHARLES 564.28 07/22/11 GERNES, CAROLE 409.50 07/22/11 SCHINDELDECKER, JAMES 258.69 07/22/11 BIESANZ, OAKLEY 1,463.91 07/22/11 KROLL, LISA 1,882.15 07/22/11 SINDT, ANDREA 2,013.80 07/22/11 GAYNOR, VIRGINIA 3,211.95 07/22/11 BEHM, LOIS 60.00 07/22/11 SOUTTER, CHRISTINE 775.69 07/22/11 WACHAL, KAREN 937.84 07/22/11 BRASH, JASON 2,259.75 07/22/11 CARVER, NICHOLAS 3,211.95 07/22/11 FINWALL, SHANN 3,202.15 07/22/11 MARTIN, MICHAEL 2,606.15 07/22/11 THOMPSON, DEBRA 821.71 07/22/11 EKSTRAND, THOMAS 3,800.52 07/22/11 BETHEL III, CHARLES 99.88 07/22/11 BJORK, BRANDON 759.00 07/22/11 WELLENS, MOLLY 1,644.36 07/22/11 BERGER, STEPHANIE 505.88 07/22/11 FISHER, DAVID 3,778.99 07/22/11 SWAN, DAVID 2,738.95 07/22/11 ROBBINS, AUDRA 2,847.74 07/22/11 ROBBINS, CAMDEN 20.00 07/22/11 GERMAIN, BRADY 300.00 07/22/11 JANASZAK, MEGHAN 1,117.06 07/22/11 FISCHBACH, ALYSSA 76.13 07/22/11 FRANK, PETER 50.00 07/22/11 ADAMS, DAVID 1,550.24 07/22/11 GERMAIN, DAVID 2,134.59 07/22/11 TAYLOR, JAMES 2,466.23 07/22/11 TURI, EMILY 324.00 07/22/11 RYCHLICKI, NICHOLE 425.00 07/22/11 SCHALLER, SCOTT 129.00 07/22/11 BRENEMAN, NEIL 1,527.70 07/22/11 CRAWFORD - JR, RAYMOND 1,084.19 07/22/11 SCHULTZ, SCOTT 2,914.49 07/22/11 ANZALDI, MANDY 1,389.88 07/22/11 HAAG, MARK 2,787.62 07/22/11 KLOOZ, AUSTIN 968.88 07/22/11 HER, PETER 337.80 07/22/11 HOFMEISTER, MARY 1,025.00 07/22/11 GLASS, JEAN 2,103.68 07/22/11 HANSEN, LORI 3,057.86 07/22/11 EVANS, CHRISTINE 1,302.83 07/22/11 GADOW, ANNA 226.96 07/22/11 SHERRILL, CAITLIN 568.12 07/22/11 STARK, SUE 228.94 07/22/11 PELOQUIN, PENNYE 566.04 07/22/11 PENN, CHRISTINE 2,199.26 07/22/11 HOFMEISTER, TIMOTHY 380.00 07/22/11 KULHANEK-DIONNE, ANN 448.38 07/22/11 VANG, KAY 476.37 Packet Page Number 19 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 07/22/11 ANDERSON, JOSHUA 231.80 07/22/11 ANDERSON, JUSTIN 281.70 07/22/11 ZIELINSKI, JUDY 30.80 07/22/11 AICHELE, MEGAN 260.60 07/22/11 VUE, LOR PAO 178.50 07/22/11 BRUSOE, AMY 201.45 07/22/11 BRUSOE, CRISTINA 131.55 07/22/11 BAUDE, SARAH 36.50 07/22/11 BIGGS, ANNETTE 53.60 07/22/11 ANDERSON, MAXWELL 486.60 07/22/11 BAETZOLD, SETH 101.50 07/22/11 DUNN, RYAN 1,028.75 07/22/11 EKSTRAND, DANIEL 154.35 07/22/11 CRANDALL, KRISTA 183.65 07/22/11 DEMPSEY, BETH 88.38 07/22/11 BUCKLEY, BRITTANY 534.79 07/22/11 BUTLER, ANGELA 34.00 07/22/11 GRAY, MEGAN 180.39 07/22/11 GRUENHAGEN, LINDA 292.48 07/22/11 FONTAINE, KIM 318.25 07/22/11 GIPPLE, TRISHA 371.45 07/22/11 ERICKSON-CLARK, CAROL 49.00 07/22/11 FLACKEY, MAUREEN 335.19 07/22/11 HOLMBERG, LADONNA 463.00 07/22/11 HORWATH, RONALD 2,589.01 07/22/11 HASSAN, KIANA 78.00 07/22/11 HEINRICH, SHEILA 510.00 07/22/11 HAGSTROM, EMILY 251.25 07/22/11 HANSEN, HANNAH 255.59 07/22/11 KOHLER, ROCHELLE 36.00 07/22/11 KOLLER, NINA 448.49 07/22/11 JOYER, ANTHONY 74.00 07/22/11 JOYER, JENNA 115.43 07/22/11 JOHNSON, BARBARA 173.08 07/22/11 JOHNSON, JAMES 84.00 07/22/11 MCCORMACK, MELISSA 242.55 07/22/11 NADEAU, KELLY 401.88 07/22/11 LAMSON, ELIANA 54.00 07/22/11 MCCANN, NATALIE 114.00 07/22/11 KRONHOLM, KATHRYN 821.82 07/22/11 LAMEYER, ZACHARY 225.32 07/22/11 RESENDIZ, LORI 1,509.06 07/22/11 RICHTER, DANIEL 75.60 07/22/11 QUANT, JENNA 28.80 07/22/11 RENFORD, NICHOLAS 21.75 07/22/11 NADEAU, TAYLOR 168.35 07/22/11 PROESCH, ANDY 893.36 07/22/11 SCHREINER, MICHELLE 221.00 07/22/11 SCHUNEMAN, GREGORY 381.06 07/22/11 SCHREIER, ROSEMARIE 166.50 07/22/11 SCHREINER, MARK 42.50 07/22/11 RONNING, ISAIAH 178.35 07/22/11 RONNING, ZACCEUS 62.05 07/22/11 SMITLEY, SHARON 155.40 07/22/11 TAYLOR, JASON 112.33 07/22/11 SKUNES, KELLY 468.25 07/22/11 SMITH, ANN 162.40 07/22/11 SJERVEN, BRENDA 108.00 07/22/11 SKAAR, SAMANTHA 35.00 07/22/11 WARNER, CAROLYN 343.20 07/22/11 TUPY, HEIDE 45.80 07/22/11 TUPY, MARCUS 142.50 07/22/11 TREPANIER, TODD 374.00 07/22/11 TRUE, ANDREW 12.06 Packet Page Number 20 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 9984577 9984578 9984579 9984580 9984581 9984582 9984583 9984584 9984585 9984586 9984587 9984588 9984589 9984590 9984591 9984592 9984593 9984594 9984595 9984596 9984597 9984598 9984599 07/22/11 WEEVER, NAOMI 47.13 07/22/11 DANIEL, BREANNA 355.50 07/22/11 LANGER, KAYLYN 17.00 07/22/11 WOLFGRAM, TERESA 170.00 07/22/11 BOSLEY, CAROL 215.00 07/22/11 WILLIAMS, KRISTINE 168.44 07/22/11 WOLFGRAM, MARY 42.80 07/22/11 LONETTI, JAMES 408.00 07/22/11 MALONEY, SHAUNA 217.50 07/22/11 DOUGLASS, TOM 1,320.90 07/22/11 FULFORD, ZAHKIYA 181.25 07/22/11 BEHAN, JAMES 2,175.16 07/22/11 COLEMAN, PATRICK 30.00 07/22/11 VANG, PETER 145.00 07/22/11 XIONG, NAO 101.50 07/22/11 SCHULZE, KEVIN 420.00 07/22/11 THOMPSON, BENJAMIN 377.75 07/22/11 PRINS, KELLY 1,255.63 07/22/11 REILLY, MICHAEL 1,915.75 07/22/11 BERGO, CHAD 2,651.63 07/22/11 FOWLDS, MYCHAL 3,469.86 07/22/11 PRIEM, STEVEN 2,390.15 07/22/11 WOEHRLE, MATTHEW 2,187.59 07/22/11 ZIELINSKI, JESSICA 79.75 07/22/11 AICHELE, CRAIG 2,234.32 07/22/11 EICKELBERG, DALE 30.00 07/22/11 JANSEN, CHAD 72.00 07/22/11 ANDERSON, BRIAN 288.00 07/22/11 EATON, PAUL 84.00 07/22/11 FRANZEN, NICHOLAS 2,509.90 07/22/11 CARLE, JEANETTE 48.00 07/22/11 WYSE, ROBERT 288.00 07/22/11 MALLET, AMANDA 584.38 07/22/11 RANK, PAUL 84.00 07/22/11 WESSELS, TIMOTHY 84.00 07/22/11 MILLER, LADD 72.00 07/22/11 RANK, NATHAN 72.00 07/22/11 FLUEGEL, LARISSA 239.51 07/22/11 MCMAHON, MICHAEL 150.68 07/22/11 VUKICH, CANDACE 18.75 07/22/11 DIONNE, DANIELLE 182.50 07/22/11 MARTIN, ARIELLE 356.50 07/22/11 MUELLNER, CHADD 202.50 516,223.43 07/22/11 PENN, CAYLA 207.00 07/22/11 STEFFEN, MICHAEL 65.25 07/22/11 SCHMIDT, EMILY 536.38 07/22/11 WEINHAGEN, SHELBY 315.68 07/22/11 NORTHOUSE, KATHERINE 25.38 07/22/11 ROSTRON, ROBERT 486.95 Packet Page Number 21 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 Transaction Date Posting Date Merchant Name Transaction Amount Name 07/06/2011 07/07/2011 VERIZON WRLS MYACCT VN $250.00 MARK ALDRIDGE 07/08/2011 07/11/2011 CUB FOODS, INC.$49.33 MANDY ANZALDI 07/14/2011 07/15/2011 CUB FOODS, INC.$27.45 MANDY ANZALDI 07/09/2011 07/11/2011 TARGET 00022293 $50.00 PAUL BARTZ 07/13/2011 07/14/2011 TWIN CITY HARDWARE HALE $306.58 JIM BEHAN 07/13/2011 07/15/2011 J.R. S ADVANCED RECYCLERS $100.00 JIM BEHAN 07/12/2011 07/14/2011 UNIFORMS UNLIMITED INC $6.96 MARKESE BENJAMIN 07/02/2011 07/04/2011 TARGET 00020461 $6.96 OAKLEY BIESANZ 07/06/2011 07/07/2011 PETSMART INC 461 $23.55 OAKLEY BIESANZ 07/13/2011 07/14/2011 DIAMOND VOGEL PAINT CENT $27.85 TROY BRINK 07/13/2011 07/14/2011 DIAMOND VOGEL PAINT CENT $139.26 TROY BRINK 06/30/2011 07/04/2011 MIKES LP GAS INC $34.92 BRENT BUCKLEY 07/13/2011 07/14/2011 PATIO TOWN $76.57 BRENT BUCKLEY 07/01/2011 07/04/2011 GE CAPITAL $43.92 SARAH BURLINGAME 07/06/2011 07/07/2011 MAPLEWOOD PARKS AND RECRE $55.71 SARAH BURLINGAME 07/06/2011 07/07/2011 MAPLEWOOD PARKS AND RECRE $74.99 SARAH BURLINGAME 07/08/2011 07/11/2011 OFFICE DEPOT #1090 $54.25 SARAH BURLINGAME 07/11/2011 07/12/2011 RAINBOW FOODS 00088617 $11.86 SARAH BURLINGAME 07/12/2011 07/14/2011 FOX LABS INTERNATIONAL $171.60 DAN BUSACK 07/02/2011 07/04/2011 WEDDINGPAGES INC $128.00 HEIDI CAREY 07/06/2011 07/07/2011 VZWRLSS*APOCC VISN $89.77 HEIDI CAREY 07/11/2011 07/12/2011 CAMPBELL GRAPHICS INC $26.79 HEIDI CAREY 07/12/2011 07/14/2011 TIGER OAKS PUBLICATION $650.00 HEIDI CAREY 07/01/2011 07/04/2011 MENARDS 3022 $125.50 SCOTT CHRISTENSON 07/06/2011 07/07/2011 FEDEX 102342417373146 $11.50 KERRY CROTTY 07/14/2011 07/15/2011 HEARTLAND SERVICES $280.70 KERRY CROTTY 07/06/2011 07/07/2011 MENARDS 3022 $33.47 CHARLES DEAVER 07/08/2011 07/11/2011 MENARDS 3022 $8.88 CHARLES DEAVER 07/12/2011 07/13/2011 G&K SERVICES 182 $74.46 CHARLES DEAVER 07/11/2011 07/13/2011 UNIFORMS UNLIMITED INC $138.00 RICHARD DOBLAR 07/12/2011 07/14/2011 GOODYEAR AUTO SRV CT 6920 $59.75 RICHARD DOBLAR 07/06/2011 07/07/2011 BROCK WHITE ST PAUL 180 $679.85 JOHN DUCHARME 07/06/2011 07/07/2011 HENRIKSEN ACE HARDWARE $30.07 DAVE EDSON 07/12/2011 07/13/2011 NW LASERS AND INSTRUMENT $517.20 ANDREW ENGSTROM 07/13/2011 07/14/2011 TARGET 00011858 $131.99 PAUL E EVERSON 07/13/2011 07/14/2011 MENARDS 3059 $29.91 PAUL E EVERSON 07/05/2011 07/06/2011 TARGET 00011858 $16.35 LARRY FARR 07/05/2011 07/06/2011 WM EZPAY $441.93 LARRY FARR 07/05/2011 07/06/2011 WM EZPAY $420.38 LARRY FARR 07/05/2011 07/06/2011 WM EZPAY $927.84 LARRY FARR 07/05/2011 07/07/2011 THE HOME DEPOT 2801 $24.37 LARRY FARR 07/07/2011 07/08/2011 GOODWILL $16.06 LARRY FARR 07/09/2011 07/11/2011 CINTAS #470 $79.64 LARRY FARR 07/09/2011 07/11/2011 THE HOME DEPOT 2810 $67.70 LARRY FARR 07/12/2011 07/13/2011 BEST BUY MHT 00000109 $100.64 LARRY FARR 07/12/2011 07/13/2011 G&K SERVICES 182 $730.02 LARRY FARR 07/12/2011 07/13/2011 G&K SERVICES 182 $1,169.15 LARRY FARR 07/12/2011 07/13/2011 AQUA LOGICS INC $928.90 LARRY FARR 07/12/2011 07/13/2011 AQUA LOGICS INC $134.30 LARRY FARR 07/13/2011 07/14/2011 CINTAS #470 $38.50 LARRY FARR 07/13/2011 07/14/2011 CINTAS #470 $40.21 LARRY FARR 07/13/2011 07/15/2011 THE HOME DEPOT 2810 $6.60 LARRY FARR 06/30/2011 07/04/2011 WM EZPAY $489.40 DAVID FISHER 07/01/2011 07/04/2011 TOSHIBA BUSINESS SOLUTION $687.70 MYCHAL FOWLDS 07/01/2011 07/04/2011 TOSHIBA BUSINESS SOLUTION $476.00 MYCHAL FOWLDS 07/01/2011 07/04/2011 TOSHIBA BUSINESS SOLUTION $768.32 MYCHAL FOWLDS Packet Page Number 22 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 07/12/2011 07/12/2011 PAY FLOW PRO $59.95 MYCHAL FOWLDS 07/02/2011 07/04/2011 HP DIRECT-PUBLICSECTOR $76.91 NICK FRANZEN 07/12/2011 07/13/2011 CDW GOVERNMENT $459.18 NICK FRANZEN 07/12/2011 07/13/2011 AMAZON MKTPLACE PMTS $163.47 NICK FRANZEN 07/14/2011 07/15/2011 HYDROCAD SOFTWARE $35.00 NICK FRANZEN 07/09/2011 07/11/2011 CUB FOODS, INC.$20.37 CLARENCE GERVAIS 07/13/2011 07/14/2011 NFPA NATL FIRE PROTECT $150.00 CLARENCE GERVAIS 07/01/2011 07/04/2011 FIRST SHRED $26.00 JEAN GLASS 07/01/2011 07/04/2011 LANDSCAPE ALTERNATIVES $303.28 JANET M GREW HAYMAN 07/14/2011 07/15/2011 VZWRLSS*APOCC VISN $101.46 KAREN E GUILFOILE 06/30/2011 07/04/2011 THE HOME DEPOT 2801 $58.97 MARK HAAG 07/13/2011 07/14/2011 MAXI-SIGNAL PRODUCTS $53.86 MARK HAAG 07/13/2011 07/15/2011 THE HOME DEPOT 2801 $14.73 MARK HAAG 07/14/2011 07/15/2011 HENRIKSEN ACE HARDWARE $11.77 MARK HAAG 07/14/2011 07/15/2011 BDI*BEARING DISTRIBUTR $51.10 MARK HAAG 07/11/2011 07/13/2011 THE HOME DEPOT 2801 $5.53 MILES HAMRE 07/01/2011 07/04/2011 ARC*SERVICES/TRAINING $54.00 RON HORWATH 07/01/2011 07/04/2011 ARC*SERVICES/TRAINING $45.00 RON HORWATH 07/01/2011 07/04/2011 ARC*SERVICES/TRAINING $72.00 RON HORWATH 07/01/2011 07/04/2011 ARC*SERVICES/TRAINING $144.00 RON HORWATH 07/01/2011 07/04/2011 ARC*SERVICES/TRAINING $45.00 RON HORWATH 07/01/2011 07/04/2011 ARC*SERVICES/TRAINING $81.00 RON HORWATH 07/01/2011 07/04/2011 ARAMARK MINNEAPOLIS OCS $288.87 RON HORWATH 07/07/2011 07/11/2011 INSTANTWHIP FOODS, INC $248.99 RON HORWATH 07/13/2011 07/15/2011 THE HOME DEPOT 2801 $15.98 RON HORWATH 06/30/2011 07/04/2011 INNOVATIVE SOLAR TECHN $854.64 ANN E HUTCHINSON 07/05/2011 07/06/2011 PAYPAL *RAHUSINSTIT $1,995.00 ANN E HUTCHINSON 07/12/2011 07/13/2011 SCIENCE KIT $299.17 ANN E HUTCHINSON 07/01/2011 07/04/2011 DALCO ENTERPRISES, INC $673.57 DAVID JAHN 07/01/2011 07/04/2011 MENARDS 3059 $214.23 TOM KALKA 07/13/2011 07/14/2011 NRPA $360.00 DUWAYNE KONEWKO 07/05/2011 07/06/2011 NAT ASSO OF TOWN WATCH $467.55 NICHOLAS KREKELER 07/06/2011 07/07/2011 NAT ASSO OF TOWN WATCH $467.55 NICHOLAS KREKELER 07/12/2011 07/13/2011 BATTERIES PLUS #31 $75.59 NICHOLAS KREKELER 07/12/2011 07/14/2011 OFFICE MAX $18.74 NICHOLAS KREKELER 07/06/2011 07/08/2011 UNIFORMS UNLIMITED INC $31.00 DAVID KVAM 07/06/2011 07/11/2011 UNIFORMS UNLIMITED $533.01 DAVID KVAM 07/08/2011 07/11/2011 CLASSIC COLLISION CTR $952.96 DAVID KVAM 07/11/2011 07/12/2011 THE GRAFIX SHOPPE $90.84 DAVID KVAM 07/14/2011 07/14/2011 COMCAST CABLE COMM $34.00 DAVID KVAM 07/12/2011 07/14/2011 STREICHER'S MO $41.76 SCOTT LANGNER 06/30/2011 07/04/2011 WW GRAINGER $115.91 STEVE LUKIN 07/01/2011 07/04/2011 CENTURY COLLEGE-BO $2,175.00 STEVE LUKIN 07/05/2011 07/06/2011 WM EZPAY $191.64 STEVE LUKIN 07/07/2011 07/11/2011 SHAMROCKS IRISH NOOK $35.63 STEVE LUKIN 07/08/2011 07/11/2011 HEJNY RENTAL INC $104.50 STEVE LUKIN 07/08/2011 07/11/2011 MENARDS 3059 $16.80 STEVE LUKIN 07/11/2011 07/12/2011 FEDEX OFFICE #0617 $31.80 STEVE LUKIN 07/13/2011 07/14/2011 RAINBOW FOODS 00088617 $25.68 STEVE LUKIN 07/14/2011 07/15/2011 CERTIFIT AUTO PARTS-MN $57.60 STEVE LUKIN 07/07/2011 07/11/2011 VICTORY PARKING INC $3.00 MIKE MARTIN 07/07/2011 07/11/2011 VICTORY PARKING INC $9.00 MIKE MARTIN 07/01/2011 07/04/2011 SEARS ROEBUCK 1122 $96.40 MARK MARUSKA 07/01/2011 07/04/2011 HENRIKSEN ACE HARDWARE $58.90 MARK MARUSKA 07/11/2011 07/13/2011 WM EZPAY $851.68 MARK MARUSKA 07/12/2011 07/13/2011 G&K SERVICES 182 $511.04 MARK MARUSKA 07/12/2011 07/14/2011 ON SITE SANITATION INC $909.02 MARK MARUSKA Packet Page Number 23 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 07/13/2011 07/14/2011 PATIO TOWN $28.61 BRENT MEISSNER 07/01/2011 07/04/2011 THE SALVATION ARMY 11 $33.36 ALESIA METRY 06/30/2011 07/04/2011 OFFICE MAX $21.41 MICHAEL MONDOR 07/06/2011 07/07/2011 CENTURY COLLEGE-CE $158.00 MICHAEL MONDOR 07/06/2011 07/07/2011 BOUND TREE MEDICAL LLC $235.42 MICHAEL MONDOR 07/07/2011 07/11/2011 PAYPAL *GLOBALRISKI $770.00 MICHAEL MONDOR 07/13/2011 07/14/2011 BOUND TREE MEDICAL LLC $955.37 MICHAEL MONDOR 07/13/2011 07/15/2011 CHANNING BETE COMPAN $444.72 MICHAEL MONDOR 07/14/2011 07/15/2011 BOUND TREE MEDICAL LLC $15.60 MICHAEL MONDOR 07/14/2011 07/15/2011 BOUND TREE MEDICAL LLC $11.30 MICHAEL MONDOR 07/14/2011 07/15/2011 BOUND TREE MEDICAL LLC $23.40 MICHAEL MONDOR 07/05/2011 07/07/2011 OFFICE DEPOT #1105 $16.28 AMY NIVEN 07/05/2011 07/07/2011 OFFICE DEPOT #1090 $246.25 AMY NIVEN 07/12/2011 07/12/2011 WWW.NEWEGG.COM $171.50 MICHAEL NYE 07/12/2011 07/12/2011 WWW.NEWEGG.COM $169.99 MICHAEL NYE 07/12/2011 07/12/2011 WWW.NEWEGG.COM $34.11 MICHAEL NYE 07/12/2011 07/14/2011 MILLS FLEET FARM #2,700 $47.01 MICHAEL NYE 07/13/2011 07/14/2011 WWW.NEWEGG.COM $204.04 MICHAEL NYE 07/14/2011 07/14/2011 EHS INC $75.00 MICHAEL NYE 07/06/2011 07/08/2011 OAKDALE RENTAL CENTER $207.82 ERICK OSWALD 07/14/2011 07/15/2011 UNITED RENTALS $45.40 ERICK OSWALD 07/14/2011 07/15/2011 HIGHWAY TECHNOLOGIES #229 $354.82 ERICK OSWALD 07/07/2011 07/08/2011 USPS 26834500133401316 $17.60 MARY KAY PALANK 07/08/2011 07/11/2011 OFFICE DEPOT #1090 $62.55 MARY KAY PALANK 07/11/2011 07/13/2011 OFFICE DEPOT #1090 $85.88 MARY KAY PALANK 07/14/2011 07/15/2011 TARGET 00011858 $42.09 MARY KAY PALANK 07/01/2011 07/04/2011 BANNERS.COM $75.03 CHRISTINE PENN 07/06/2011 07/07/2011 PARADEFLOATSTUFF $88.35 CHRISTINE PENN 07/12/2011 07/13/2011 PARTY CITY #768 $85.64 CHRISTINE PENN 07/12/2011 07/14/2011 SUBWAY 00052159 $95.32 CHRISTINE PENN 07/01/2011 07/04/2011 HENRIKSEN ACE HARDWARE $25.15 PHILIP F POWELL 07/05/2011 07/06/2011 PAYPAL *NATIONALCAM $154.36 PHILIP F POWELL 07/07/2011 07/08/2011 ATAFA.COM/OPENTIP.COM $22.47 PHILIP F POWELL 07/07/2011 07/13/2011 SIRCHIE FINGER PRINT LABO $153.59 PHILIP F POWELL 07/08/2011 07/11/2011 FITZCO INC $139.93 PHILIP F POWELL 07/11/2011 07/13/2011 HP HOME STORE $219.57 PHILIP F POWELL 07/11/2011 07/12/2011 CINTAS FIRST AID #431 $102.65 WILLIAM J PRIEFER 07/11/2011 07/12/2011 CINTAS FIRST AID #431 $51.56 WILLIAM J PRIEFER 06/30/2011 07/04/2011 TOUSLEY FORD I27228006 $175.58 STEVEN PRIEM 06/30/2011 07/04/2011 GOODYEAR AUTO SRV CT 6920 $47.00 STEVEN PRIEM 07/01/2011 07/04/2011 GOODYEAR AUTO SRV CT 6920 $73.75 STEVEN PRIEM 07/06/2011 07/07/2011 TRI-STATE BOBCAT INC.$253.94 STEVEN PRIEM 07/06/2011 07/08/2011 CIRUS CONTROLS $417.32 STEVEN PRIEM 07/07/2011 07/08/2011 AUTO PLUS NO ST PAUL $23.13 STEVEN PRIEM 07/07/2011 07/08/2011 BOYER TRUCK PARTS $41.57 STEVEN PRIEM 07/07/2011 07/08/2011 PERFORMANCE TRANSMI $109.94 STEVEN PRIEM 07/08/2011 07/11/2011 BOYER TRUCK PARTS $14.04 STEVEN PRIEM 07/08/2011 07/11/2011 CATCO PARTS&SERVICE $64.17 STEVEN PRIEM 07/08/2011 07/11/2011 BDI*BEARING DISTRIBUTR $24.87 STEVEN PRIEM 07/08/2011 07/11/2011 BDI*BEARING DISTRIBUTR $29.85 STEVEN PRIEM 07/08/2011 07/11/2011 POLAR CHEVROLET MAZDA PAR $21.16 STEVEN PRIEM 07/11/2011 07/12/2011 AUTO PLUS NO ST PAUL $64.04 STEVEN PRIEM 07/11/2011 07/13/2011 WHITE BEAR MITSUBISHI SUZ $73.02 STEVEN PRIEM 07/11/2011 07/13/2011 TOUSLEY FORD I27228006 $106.40 STEVEN PRIEM 07/12/2011 07/13/2011 AUTO PLUS NO ST PAUL $40.72 STEVEN PRIEM 07/12/2011 07/14/2011 TRI-STATE BOBCAT INC.$220.14 STEVEN PRIEM 07/13/2011 07/14/2011 AUTO PLUS NO ST PAUL $49.19 STEVEN PRIEM Packet Page Number 24 of 202 S:\FINANCE\APPROVAL OF CLAIMS\2011\AprClms 7-22-11 and 7-29-11 07/13/2011 07/15/2011 KATH FUEL OFFICE $197.51 STEVEN PRIEM 07/14/2011 07/15/2011 FACTORY MTR PTS #1 $135.36 STEVEN PRIEM 07/14/2011 07/15/2011 FACTORY MTR PTS #1 $330.69 STEVEN PRIEM 07/14/2011 07/15/2011 BAUER BUILT TIRE 18 $1,339.33 STEVEN PRIEM 07/07/2011 07/08/2011 NOVACARE REHB/HEALT $700.00 TERRIE RAMEAUX 07/08/2011 07/11/2011 MINNESOTA OCCUPATIONAL HE $3,254.00 TERRIE RAMEAUX 07/06/2011 07/07/2011 DALCO ENTERPRISES, INC $572.55 MICHAEL REILLY 07/05/2011 07/06/2011 CUB FOODS, INC.$21.75 AUDRA ROBBINS 07/07/2011 07/11/2011 SPORTS AUTHORI00007013 ($54.91)AUDRA ROBBINS 07/07/2011 07/11/2011 MICHAELS #3701 $85.29 AUDRA ROBBINS 07/08/2011 07/11/2011 TARGET 00011858 $83.77 AUDRA ROBBINS 07/08/2011 07/11/2011 MN TWOLVES LYNX $380.00 AUDRA ROBBINS 07/11/2011 07/12/2011 ONE SOURCE FITNESS LLC $748.13 AUDRA ROBBINS 07/12/2011 07/14/2011 TOYS R US #6046 $173.81 AUDRA ROBBINS 07/14/2011 07/15/2011 MN TWOLVES LYNX $300.00 AUDRA ROBBINS 07/13/2011 07/15/2011 GRUBERS POWER EQUIPMENT $7.46 ROBERT RUNNING 07/01/2011 07/04/2011 T-MOBILE.COM*PAYMENT $38.57 DEB SCHMIDT 07/01/2011 07/04/2011 THE HOME DEPOT 2801 $16.58 SCOTT SCHULTZ 07/06/2011 07/08/2011 OFFICE DEPOT #1090 $99.18 ANDREA SINDT 07/12/2011 07/14/2011 ALLINA HEALTH SYSTEM $50.00 JOANNE M SVENDSEN 07/06/2011 07/08/2011 STRAUSS SKATE AND BICY $4,563.50 JAMES TAYLOR 07/12/2011 07/14/2011 GATEWAY CYCLE $39.40 JOE TRAN 07/05/2011 07/07/2011 UNIFORMS UNLIMITED INC $89.98 JAY WENZEL 07/11/2011 07/13/2011 UNIFORMS UNLIMITED INC $215.54 JAY WENZEL 07/01/2011 07/04/2011 DALCO ENTERPRISES, INC $439.69 SUSAN ZWIEG 07/08/2011 07/11/2011 PIONEER PRESS SUBSCRIPTI $40.95 SUSAN ZWIEG 07/14/2011 07/15/2011 USPS POSTAL ST66100207 $89.00 SUSAN ZWIEG $48,479.35 Packet Page Number 25 of 202 Agenda Item G2 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: August 3, 2011 RE: Approval of Agreement for Use of Harvest Park for the Susan G. Komen 3- Day Race for the Cure Event Introduction Nancy G. Brinker promised her dying sister, Susan G. Komen, she would do everything in her power to end breast cancer forever. In 1982, that promise became the Susan G. Komen for the Cure and launched the global breast cancer movement. Today, Susan G. Komen for the Cure is the world's largest grassroots network of breast cancer survivors and activists fighting to save lives, empower people, ensure quality care for all and energize science to find the cures. Background For the last four years, the Susan G. Komen for the Cure coordinators have worked with the City for the use of Harvest Park as their home base for over 3,000 participants for the Susan G. Komen Race for the Cure® held in the Metro area. It has been a successful partnership and the event organizers have requested the use of Harvest Park again this year. The Susan G. Komen Race for the Cure® event is scheduled for August 19-21. Staff has had correspondence with the coordinators for the event to ensure that health and safety, public safety and other concerns are met. Staff has experienced a very professional and responsible working relationship the last four years with the event coordinators and look forward to working with them again. Attached you will find a copy of the proposed agreement that requires council approval. Recommendation It is recommended that the City Council approve the Susan G. Komen Race for the Cure® event agreement. Attachment 1: Use Agreement Packet Page Number 26 of 202 Attachment 1 USE AGREEMENT City of Maplewood Citizen Services Department The Use Agreement (hereafter “Agreement”) is made and entered in to this _______ day of ________, 2011, by and between the City of Maplewood, a Minnesota municipal corporation (hereafter the “City”), and The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen for the Cure® (hereafter “Komen”), as producer of the 2011 Susan G. Komen Twin Cities 3-Day for the Cure event benefiting Komen, a non-profit organization. WHEREAS, Komen has requested to use the Harvest Park property for a scheduled non-profit event benefiting Susan G. Komen For The Cure® a non-profit organization; and WHEREAS, the City believes that the non-profit event planned by Komen would benefit the citizens of the City of Maplewood and the surrounding areas and desires to allow use of the Harvest Park property for the requested uses; NOW THEREFORE, in consideration of the mutual promises, covenants, and benefits contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the City and Komen agree as follows: 1. Komen shall have the right to use the Harvest Park property in connection with a non-profit cancer awareness program and matters related to the Susan G. Komen Twin Cities 3-Day for the Cure. Komen shall have the right to use the property to construct an overnight campground. NO campfires will be allowed, and all camp design and construction plans, including areas in which vehicular access to the property will be allowed, shall be subject to the specific approval of the City, which approval shall not be unreasonably withheld. 2. Komen will be permitted to use the Harvest Park property on the following days: a. August 17 and 18, 2011, for set up b. August 19-21, 2011, for event day c. August 22, 2011 for clean up 3. Komen accepts full responsibility and liability for any and all damages resulting to the park property as a result of its use for the Susan G. Komen Twin Cities 3-Day for the Cure, reasonable wear and tear excluded. Komen agrees to restore the property to its previous condition, which is reasonably acceptable to the City of Maplewood. The Director of Citizen Services and Maplewood Staff will meet on Monday, August 22, 2011 with Slade Thompson, Event Production Manager, Event 360, Inc., to evaluate the condition of the property and to determine what work, if any, will be necessary to restore the property to its previous condition. A security deposit of $5000.00, made payable to the “City of Maplewood” must be received by July 30, 2011. The deposit will be refundable after inspection of the property and completion of all items of reasonable concern are addressed. 4. Komen shall maintain general liability insurance in an amount of at least amounts not less than those set forth on the attached Certificate of Insurance at all times during the Terms of this Agreement to protect the City from any and all liability to persons or property which may result from use of the Harvest Park property. Komen shall provide the City to be named as “additional insured” on its binder. 5. The City shall be responsible for having the property mowed and clear of litter and trash and in good and useable condition prior to August 18, 2011. 6. Komen will coordinate security and traffic issues with the City of Maplewood Police Department. The event area will be secured and closed to the public no later than 9:00 p.m. on the days that the property is being used by Komen for the Susan G. Komen Twin Cities 3-Day for the Cure. 7. Komen shall notify the City by August 1, 2011, of the emergency contingency plan for the scheduled event in case of inclement weather. Packet Page Number 27 of 202 Attachment 1 8. Komen shall defend, indemnify and hold harmless the City, its elected officials, officers, agents, and employees from any and all suits, actions, legal proceedings, claims, demands, costs, expenses, and reasonable attorney’s fees resulting from any claim arising as a result of Komen’s use of the Harvest Park property under this Agreement. Nothing herein contained shall be deemed to in any way constitute a waiver by the City of any privileges and immunities it may have under the laws of the State of Minnesota or the Constitution of the State of Minnesota. Likewise, the City of Maplewood agrees to indemnify and hold Komen harmless from and against any and all costs, losses or expenses, including reasonable attorney’s fees, that Komen may incur by reason of (a) the City of Maplewood’s negligence or intentional misconduct or (b) any third-party claim(s) or law suit(s) arising out of, or in connection with the City of Maplewood’s performance or failure to perform pursuant to this agreement. 9. This Agreement shall become effective on the date signed by the last party hereto, and shall be governed by the laws of the State of Minnesota. Agreed to by the undersigned as evidenced by the signature set forth below. 10. Dispute Resolution. In the event of any dispute arising out of this Agreement, the parties shall use good faith efforts to resolve their differences amicably. In the event they are unsuccessful, the parties agree not to commence litigation until attempting to resolve their dispute through mediation. Either party may initiate the mediation process with 30 days’ prior written notice to the other party. 11. As to notice or communication regarding this agreement: Event360, Inc. City of Maplewood Susan G. Komen 3-Day for the Cure™ Citizen Services Department Slade Thompson Karen Guilfoile, City Clerk Event Production Manager Director Citizen Services Phone: 661.212.6518 Phone: 651.249.2002 Fax: 888.453.1731 Fax: 651.249.2009 sthompson@event360.com karen.guilfoile@ci.maplewood.mn.us 12. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts. Each counterpart will be considered a valid and binding original. Once signed, any reproduction of this Agreement made by reliable means (e.g., photocopy, facsimile) is considered an original. City of Maplewood By: By: Mayor, Will Rossbach City Manager, James Antonen Date: Date: Attest: City Clerk, Karen Guilfoile The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen for the Cure By: Title: Date: Packet Page Number 28 of 202 Agenda #G-3 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Approval to Accept Donation to Police Reserves Date: July 26, 2011 Introduction The Maplewood Police Reserves have received a donation from the Ramsey County Agricultural Society, and City Council approval is required before this donation can be accepted. Background As they have for the past several years, the Maplewood Police Reserves again provided support to the Ramsey County Fair by assisting with traffic control, the White Bear Avenue Parade, and patrolling the fairgrounds for the duration of the fair. The Ramsey County Agricultural Society, to show their appreciation for the many hours of service provided by the Reserves, has donated $425 to be used for the benefit of the Reserves. City Council approval is required before this donation can be accepted. Recommendation It is recommended that approval be given to accept this donation and that the necessary budget adjustments be made so the funds can be expended as designated. Action Required Submit to the City Council for review and approval. DJT:js Packet Page Number 29 of 202 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, the Ramsey County Agricultural Society wishes to grant the City of Maplewood the following: $425, and; WHEREAS, the Ramsey County Agricultural Society has instructed that the City will be required to use the aforementioned for: the benefit of the Maplewood Police Reserves, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a super majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by a super majority vote of its membership on _________________________, 20_____. Signed: Signed: Witnessed: ___________________ ____________________ ___________________ (Signature) (Signature) (Signature) Mayor______________ Chief of Police_________ City Clerk____________ (Title) (Title) (Title) ___________________ _____________________ ____________________ (Date) (Date) (Date) Packet Page Number 30 of 202 Packet Page Number 31 of 202 Packet Page Number 32 of 202 Packet Page Number 33 of 202 Packet Page Number 34 of 202 Packet Page Number 35 of 202 Packet Page Number 36 of 202 Packet Page Number 37 of 202 Packet Page Number 38 of 202 Packet Page Number 39 of 202 Packet Page Number 40 of 202 Packet Page Number 41 of 202 Packet Page Number 42 of 202 Agenda Item G5 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Ron Horwath, Aquatic Program Manager DuWayne Konewko, Parks and Recreation Director SUBJECT: Consider Approval of Award of Contract for MCC Aquatic Center Murals DATE: 7/29/11 INTRODUCTION At the May 8 th 2011 meeting, Council approved monies for wall murals in the MCC Aquatic Center to be painted during the extended shut-down in September and October of this year. Staff published a request for proposals for the MCC Aquatic Center Murals and a single contractor submitted a b id. Tivolitoo Inc. submitted a bid of $68,000 to $75,000 (with a range of options to get to the higher number). Tivolitoo is a highly qualified and r ecommended l ocal co mpany t hat i s known n ationally and internationally f or t hemed work, including w ork for D isney and N ickelodeon Universe at the Mall of America. The difference within the bid is the addition of some components that will add detail. The lowest cost portion of the bid is simply for the wall murals. The highest cost portion of the bid is for the murals plus air bubble art on the 11 columns, three 8-foot hanging sea animals, and the creation of a mascot ch aracter. T hese additions greatly enha nce the aesthetic of t he overall base-project and yet are still within the approved $75,000. RECOMMENDATION Staff recommends City Council award the attached agreement with Tivolitoo, Inc. in an amount not to exceed $75,000 for the painting of Aquatic Center Murals fabrication and installation of additional items, and creation of a mascot, as more fully described in the attached contract for services. ATTACHMENTS: 1. Tivolitoo Contract Packet Page Number 43 of 202 MAPLEWOOD COMMUNITY CENTER 2100 WHITE BEAR AVENUE, MAPLEWOOD, MN 55109 CONTRACT FOR WORK, MATERIALS AND EQUIPMENT This Contract is between TIVOLITOO, INC. (“Contractor”) and the The Maplewood Community Center (“MCC”) for the services (“Work”), materials (“Materials”), and equipment (“Equipment”)(if applicable) as specified below. The parties agree as follows: 1. Performance Dates. Contractor s hall b egin performing t he C ontract on SEPTEMBER 6 , 20 11 , and finish performing on OCTOBER 6, 20 11 . C hanges to the Contract are permissible only through an amendment issued according to Paragraph 15. Contractor may not begin performing the Services until this Contract has been signed by both parties and Contractor has received a purchase order from MCC. 2. Materials, Equipment and Work Provided. 2.1. Contractor shall provide the specific Materials, Equipment and Work described on Attachment A to this Contract, which is incorporated into this Contract by reference, that i ncludes the bid/job specification and incorporates the Contractor’s response. See: Attachment A 2.2. Contractor shall provide the Materials, Equipment and Work to the following location: MCC; 2100 White Bear Avenue, Maplewood, MN 55109 2.3. Contractor certifies that it is licensed in the State of Minnesota to perform the Work specified in the Contract. 3. Payments for Materials, Equipment and Work. M CC shall pay Contractor $$75,000.00 USD for the Materials, Equipment and Work, as provided in Paragraph 4. M CC shall also reimburse Contractor for application fees made to the State of Minnesota for approval of the plans for the project. 4. Method and Time of Payment. To be pa id, C ontractor must submit an itemized invoice referencing a valid purchase order number. The invoice must specify the Materials, Equipment and Work provided, which must match the description in Paragraph 2; the dates of and work performed during the billing period; and the specific dollar amount. Contractor shall be paid within 30 days after completion and acceptance of the Work described in Paragraph 2, submission of any lien waivers, and submission to MCC of all documentation and manufacturer’s warranties relating to the Materials and Equipment, if applicable . 5. Warranty. Contractor warrants to MCC that the Materials and Equipment furnished under this Contract will be of good quality and new, that the Work, Materials, and Equipment will be free Packet Page Number 44 of 202 from defects and that they will conform to the Contract. Final payment to Contractor or occupancy of the Work shall not constitute acceptance of Work that fails to conform to the Contract or industry standards, or r elieve C ontractor of l iability un der w arranties or f rom r esponsibility f or f aulty materials and workmanship. This warranty is additional to any other warranties, including those from the manufacturer of the Materials or Equipment and those arising under applicable law. 6. Certification. Contractor certifies that it is an independent contractor; provides Services to other customers; maintains insurance; sets its own priorities on time and hours of work; provides its own supplies; and determines the means of delivering Services. 7. Compliance with Laws. Contractor s hall, at a ll time s dur ing thi s C ontract, comply w ith all applicable l aws, regulations, r ules a nd pol icies i ncluding F ederal, S tate a nd l ocal r egulations regarding pool and pool related products. 8. Property Rights. MCC shall, at all times, retain ownership in and the rights to any creative Works, designs, graphical representations or Works of similar nature to be delivered under this Contract. Contractor agrees that the Works are “works for hire” and assigns all of the Contractor’s right, title and interest to MCC. 9. Insurance. Contractor shall maintain during the term of this Contract insurance policies described below issued by companies licensed in Minnesota with a current A.M. Best rating of A:VIII or better. B efore MCC signs this Contract, Contractor shall furnish the MCC Risk Manager with certificates of insurance evidencing the coverages, conditions, and limits required by this Contract, at the following address: MCC Risk Manager 2100 White Bear Avenue Maplewood, MN 55109 The insurance policies, except Workers’ Compensation, shall be endorsed to name Maricopa Community Colleges, its agents, officers, officials, employees, and volunteers as additional insureds with the following language: Maplewood Community Center, its agents, officers, officials, employees, and volunteers are hereby named as additional insureds as their interest may appear. If any insurance policies are written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the Contractor’s work or services and must be evidenced by annual certificates of insurance. The insurance policies shall be endorsed stating that they shall not expire, be cancelled, suspended, voided or materially changed without 30 days written notice by certified mail to the MCC Risk Manager. The Contractor’s insurance must be primary, and any insurance o r s elf-insurance m aintained b y M CC s hall not c ontribute t o i t. If any pa rt of t his Contract i s s ubcontracted, t hese i nsurance r equirements a lso apply t o a ll s ubcontractors. The following policies are required: 9.1. Commercial General Liability insurance with a limit of not less than $1,000,000 per occurrence for bodily injury, property damage, personal injury, products and completed operations, including but not limited to, the liability assumed under the indemnification Packet Page Number 45 of 202 provisions of this Contract. 9.2. Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor’s owned, hired, and non-owned vehicles; and 9.3. Workers’ Compensation insurance with limits statutorily required by any Federal or state law and Employer’s Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. 10. Indemnification. To the fullest e xtent permitted by law, Contractor shall defend, indemnify, and hold harmless MCC, its agents, officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses (including but not limited to attorney fees and court c osts) arising from the acts, errors, mistakes, omissions, work or service of the Contractor, its agents, employees, or any tier of Contractor’s subcontractors in the performance of this Contract. The requirements in Paragraph 8 will not be construed as limiting the scope of this indemnification. 11. Cancellation. MCC may cancel this Contract for cause, which shall include non -performance, delay, neglect, or failure to comply with applicable laws. 12. Nondiscrimination. Contractor shall not illegally discriminate in either the provision of services, or in employment, against any person because of sex, race, disability, national origin, veteran’s status, sexual preference or religion, and agrees to comply with all applicable federal and state laws, rules, r egulations, a nd executive or ders r elating t o non -discrimination and equal e mployment opportunity. 13. Notices. Notices to MCC unde r thi s C ontract s hall be ma de to: P urchasing D epartment, Maplewood Community Center, 2100White Bear Avenue, Maplewood, Minnesota 55109. 14. Assignment/Subcontract. C ontractor shall not assign any right or delegate any duty under, or subcontract any part of, this Contract to any third party without the prior written approval of MCC. 15. Amendment. The parties may change this Contract only through a written amendment signed by MCC’s Director and Tivolitoo's representative. 16. Applicable Law/Remedies. This Contract shall be governed by the laws of the State of Minnesota. The parties shall have all remedies available by law or in equity. 17. Term ination. 17.1. A non-breaching party may terminate this Contract for the failure of the other party to comply with this Contract by giving that other party 10 days written notice of the failure to comply. 17.2. MCC may terminate this Contract immediately if the Contractor files for bankruptcy or receivership, or takes any actions relating to insolvency, such as an assignment for the benefit of creditors. 18. Interpretation. The parties intend this Contract to express their complete and final agreement. Packet Page Number 46 of 202 19. Authority. Contractor warrants that the person signing this Contract on its behalf is authorized to enter into this Contract. 20. Terms and Conditions. Contractor acknowledges that it has read the Contract completely, and shall fully comply with all terms and conditions. CONTRACTOR: Signature: Tax ID No.: Name: Phone No.: Title: Fax No.: Date: Address: Contractor is a: Corporation LLC Partnership Sole Proprietorship (an individual) MAPLEWOOD COMMUNITY CENTER: Signature: Date: MAPLEWOOD MAYOR Signature: Date: CITY MANAGER Packet Page Number 47 of 202 Exhibit A Packet Page Number 48 of 202 1 1 ATTACHMENT A Maplewood Aquatic Center Murals 1.00 Specifications GENERAL This Attachment provides the basis for work contemplated in the City’s Aquatic Center Mural Project. 1.01 DESCRIPTION A. 1. Permanent full color realistic mural WORK INCLUDED The work covered by these specifications consists of furnishing all materials, labor, equipment and performing all operations in connection with the installation of the Murals applied to all interior walls of the aquatic center. Work specified in this section includes the following: 2. Description of mural must include a realistic underwater ocean scene 3. Including all the different environments of the oceans and animals there of 4. All inclusions and additions provided by Tivolitoo, Inc. in their successful bid, the pertinent sections of which are hereby incorporated and attached hereto as Exhibit A. 1.02 A. Quality Standards: The standards named herein are specified to establish standards of QUALITY ASSURANCE quality, performance and design concept. B. Experience: The products and work shall be installed and supplied by a contractor having a minimum of five years experience in the construction of similar work and shall provide a list of recent projects with the bid for review by the City of Maplewood. C. The City reserves the right to disqualify any contractor if the City of Maplewood determines for any reason that the contractor is not qualified or may not be as qualified as another contractor bidding the same work. D. All Sub-Contractors intended to be hired by the Primary Contractor bidding this work must be submitted and approved by the City of Maplewood prior to the start of site work. 1.03 A. All materials included in this Contract shall be pre-approved by the City of Maplewood for use in this project; the acceptance of Tivolitoo’s product list as presented and attached is hereby acknowledged. STANDARDS Packet Page Number 49 of 202 2 2 B. All work within this section shall meet the City of Maplewood’s standards and requirements for each feature and shall have pre-approved submittals for each feature as requested by the City of Maplewood prior to construction. C. All work completed at the Maplewood Community Center must comply with the Davis Bacon Act or Prevailing wage. 1.04 Installation Conditions 1. Work on murals to be scheduled from September 6th – October 6th, 2011 2. Pool area will be completely shut down during this period 3. Muralist to have continuous access during this time 1.05 Design Intent 1. The design intent is to provide accurate, durable, permanent full color murals. Murals will be a combination of background elements out of focus, foreground elements rendered in focus. Murals must withstand frequent cleaning 3.01 A. Apply paint by spray and airbrush method to achieve desired effects of color graduation for each mural. Apply as many finish coats as required to achieve desired effects for each mural area. Must apply 2 coats of sealer to all finished murals INSTALLATION B. All work shall be coordinated through the City of Maplewood or the City of Maplewood’s Construction Management or other designated authority. C. The Contractor shall promptly provide to the City of Maplewood as needed all items required to be built in as the work progresses without delay to the project work schedule. D. Finished surfaces of all special features must meet the standards established by the approved samples. If the finished surfaces do not meet the approved samples, the materials shall be removed and replaced with new material which meets the approved sample. E. No changes in the pre-approved construction method will be permitted unless approved in writing by the City of Maplewood’s representative. F. The Specialty Contractor shall protect the City of Maplewood against any damage or loss to the existing construction due to the installation of special features. Adjacent work shall be protected. The Specialty Contractor will be required to remove all traces of material from adjacent surfaces that result from Specialty Contractor’s work. G. The Specialty Contractor shall maintain a neat and safe jobsite for the duration of the specialty work. H. Cleanup: Upon completion of the job, the areas adjoining the site on which the Contractor has worked shall be thoroughly cleaned of debris, refuse and stains or discolored blemishes. Packet Page Number 50 of 202 3 3 I. All Specialty work shall be guaranteed for a period of 12 months to remain free of defects determined to result from poor materials or workmanship. 4.01 All Mural Work shall be approved by the City of Maplewood by area or special feature item. All corrections directed by City of Maplewood shall be reviewed until accepted by City of Maplewood. Final approval and acceptance by the City of Maplewood will be issued in writing to the Specialty Contractor within 10 days of having approved all site work and having received and approved all final drawings and submittals including the 12 month warranty on all Special Themed Feature Work. APPROVAL OF SPECIALTY WORK END OF SECTION Packet Page Number 51 of 202 Packet Page Number 52 of 202 Packet Page Number 53 of 202 Packet Page Number 54 of 202 Packet Page Number 55 of 202 Packet Page Number 56 of 202 Packet Page Number 57 of 202 Packet Page Number 58 of 202 Packet Page Number 59 of 202 Packet Page Number 60 of 202 Packet Page Number 61 of 202 Packet Page Number 62 of 202 Packet Page Number 63 of 202 Packet Page Number 64 of 202 Packet Page Number 65 of 202 Packet Page Number 66 of 202 Packet Page Number 67 of 202 Packet Page Number 68 of 202 Packet Page Number 69 of 202 Packet Page Number 70 of 202 Packet Page Number 71 of 202 Packet Page Number 72 of 202 Packet Page Number 73 of 202 Packet Page Number 74 of 202 Packet Page Number 75 of 202 Agenda Item G6 AGENDA REPORT TO: James Antonen, City Manager FROM: Terrie Rameaux, Human Resource Coordinator Chuck Ahl, Assistant City Manager RE: Approval of the City’s Amended Cafeteria Plan Documents DATE: July 29, 2011 BACKGROUND As a result of the passage of the Health Care Reform legislation in March 2010 and the related changes in subsequent years to follow, there are changes that affect Cafeteria Plans that were established in accordance with the provisions of Sections 105 (accident and health plans), 79 (group term life plans), 125 cafeteria plans of the Internal Revenue Code of 1986. One significant change is the new definition of a dependent for health and dental coverage which is now defined as an adult child up to age 26. Dependents are no longer required to be full-time students to be eligible for insurance coverage. Because of this change, dependents meeting the new definition are considered pre-tax for purposes of premiums paid by the employee for their dependents. Another significant change effective January 1, 2011 is the new ruling which no longer allows over-the-counter (OTC) drugs, unless a prescription is obtained, as eligible for tax-free reimbursement under medical reimbursement plans (a.k.a. flexible spending accounts--FSA) and health reimbursement accounts (HRA). The last significant change due to health care reform legislation is the change in the maximum level of coverage that an employee can elect to have withheld pre-tax for their medical reimbursement plan (flex spending account) in a plan year. The current level of coverage is $3,000 per plan year and will change to $2,500 per plan year effective January 1, 2013. I have worked with our outside Plan Administrator to revise our Master Plan Document and Summary Plan Description to incorporate these new changes as well as some other minor changes. The Master Plan Document is kept on file by the City for review by anyone and the Summary Plan Description is a document that is given to all employees either at their time of hire or when the document has been amended. The Summary Plan Description is a brief summary of the much larger Master Plan Document. A full and complete copy of Master Plan Document and the Summary Plan Description for the Maplewood Cafeteria Plan effective January 1, 2011 is available in the City Clerk’s office and Human Resources office for those who would like to review the documents. RECOMMENDATION It is recommended that the City Council adopt the revised and restated Master Plan Document and Summary Plan Description for the Maplewood Cafeteria Plan effective January 1, 2011. Packet Page Number 76 of 202 Agenda Item G7 AGENDA REPORT TO: James Antonen, City Manager FROM: Terrie Rameaux, Human Resource Coordinator Chuck Ahl, Assistant City Manager RE: Approval of the City’s HIPAA Privacy Policies and Procedures DATE: July 28, 2011 BACKGROUND The City is required to ensure that our covered health plans (employee health and dental, vision, employee assistance, retiree health savings, the police and fire fitness plan, wellness program, HRA, healthcare flex spending, and long-term care plans) comply with HIPAA (Health Insurance Portability & Accountability Act) and are updated as necessary. One of the primary purposes of HIPAA is to protect the privacy of participants of healthcare plans. Compliance requires the development and amending of a large number of policies and procedures, designation of a privacy officer, declaration of the City’s intent to comply with HIPAA for the City’s covered health plans, revision of health plan documents by the City, and adoption of privacy practices. I have worked with our benefits consultant, Financial Concepts, Inc., to revise our HIPAA Policy and Procedures and Notice of Privacy Practices to now include our vision plan as well as our employee wellness program as part of our existing organized healthcare arrangement. The Notice of Privacy Practices is a document given to new employees at time of hire and also during our open enrollment period for benefits. A full and complete copy of HIPAA Policies and Procedures and the Notice of Privacy Practices is available in the City Clerk’s office and Human Resources office for those who would like to review the documents. RECOMMENDATION It is recommended that the City Council approve the amended and restated HIPPA Privacy Manual and Notice of Privacy Practices to comply with current HIPAA regulations effective January 1, 2011. Packet Page Number 77 of 202 MEMORANDUM TO: James Antonen, FROM: Michael Martin, AICP, Planner City Manager Chuck Ahl, Assistant City Manager SUBJECT: Beaver Lake Town Houses – Conditional Use Permit Review LOCATION: Maryland Avenue and Lakewood Drive DATE: August 2, 2011 INTRODUCTION The conditional use permit (CUP) for the planned unit development (PUD) for the Beaver Lake Town Houses is due for its annual review. BACKGROUND On May 28, 2002, the city council made several approvals for the Beaver Lake Town Houses. These included: 1. A conditional use permit (CUP) for a planned unit development (PUD) for a 148-unit housing development. The applicant requested the CUP because Section 44-1250 of the city code (shoreland district regulations) requires a PUD for developments with buildings having more than four units when the site is in the shoreland district of a lake. In this case, the site is in the shoreland district of Beaver Lake and will have a mix of housing with 40 single-family detached townhomes and 108 rental units in 11 8-unit and 5 4-unit buildings. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details (such as setbacks and street right-of-way and pavement widths) than the standard city requirements would normally allow. (See the approved site plan attached) 2. Street right-of-way and easement vacations. These were for the unused street right-of-ways and easements on the site. 3. A preliminary plat to create the lots in the development. 4. Authorization for city staff to spend city open space funds and to use a $150,000 DNR grant to buy about 8.9 acres of the project site for park and open space purposes. (See the city council minutes attached) On July 9, 2002, the community design review board (CDRB) approved the proposed design plans (architectural, landscaping, etc.) for the development. Mr. Emmerich appealed to the city council a part of the CDRB’s approval about brick on the exteriors of the four and eight-unit buildings. (See the CDRB minutes attached) On August 12, 2002, the city council approved Mr. Emmerich’s appeal of the CDRB’s condition about adding more brick to the four and eight-unit buildings within the site. (That is, the city will not be requiring Mr. Emmerich to add more brick to the buildings as the CDRB required.) On August 26, 2002, the city council awarded the contract for the construction of the Beaver Lake sanitary sewer improvement project to Barbarosoa and Sons, Inc. They completed this sewer project in December 2002. On November 13, 2002, the city council approved the first final plat for the Beaver Lake Town Houses. Agenda Item G8 Packet Page Number 78 of 202 This plat created six lots for detached town houses along Maryland Avenue, several outlots for future phases of the development and the park area along the creek in the center of the site. On March 31, 2003, the city council approved the second final plat for the Beaver Lake Town homes. This plat created 16 lots for detached town houses in the area west of Sterling Street and south of the creek corridor. On June 9, 2003, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On September 8, 2003, the city council approved the Beaver Lake Townhomes Third Addition final plat. This plat created 18 lots for detached town houses in the area west of the creek and east of Lakewood Drive. On June 28, 2004, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On June 13, 2005, June 26, 2006, June 11, 2007 and January 14, 2008 the city council reviewed the conditional use permit for this property. On March 24, 2008, the city council approved the final plat for the Beaver Lake Fourth and Fifth Additions. These final plats created new lots for the construction of new units from former outlots. On June 23, 2008, staff presented to the city council the landscape and tree plans for Beaver Lake Townhomes. On April 27, 2009, the city council tabled the CUP review until its next meeting so that staff could provide more information. On May 11, 2009, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to have the CUP brought back to the council in three months to report on erosion, garbage and restoration issues. The city council also approved a revision to the CUP allowing for minimum street widths to be 27’4” when parking occurs on one side of the road. August 10, 2009, the city council reviewed the conditional use permit for this property and agreed to review it again in one year. August 9, 2010, the city council reviewed the conditional use permit for this property and agreed to review it again in one year. DISCUSSION Staff is not aware of any major concerns and the site is meeting the conditions of approval. The second stage of this development, the apartments, is well underway. It will take some additional time to fully complete this development. Staff will continue to work with the developer to ensure the silt fencing is properly set through the year and any sediment tracking issues are addressed, while ensuring continued compliance with the conditions of approval. Staff recommends reviewing this CUP again in one year. Packet Page Number 79 of 202 RECOMMENDATIONS Review the conditional use permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year or sooner if the owner proposes a major change to the site or to the project plans. p:sec25/Beaver Lake TH CUP Review_080811 Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. May 28, 2002 City Council Minutes 5. July 9, 2002 CDRB minutes 6. May 11, 2009 City Council Minutes 7. Building Elevations and Details Packet Page Number 80 of 202 STERL IN G C IR S T E R L I N G C I RDE E R FIE L D D R DEERFIELD DRBOBCAT LNBEAVERDALE RDEVAR STANTELOPE WAYANTELOPE WAY BEAVER CREEK PKWYGERA NIU M A V E STERLING ST MAGNOLIA A V E ELKHART L N DOLPHIN D R MARY STSTERLING STBARTELMY LNMYRTLE STROSE A V ECOUGAR LN BISON D R COYOTE LN STERLING LN BISON DR AMBERJACK LN TILSEN A V E T IL S EN CTBEAVERDALE RDDEERFIELD DR ANTELOPE W A Y LAKEWOOD DR ILL WAT E R R D MARYLANDAVELAKEWOOD DR Geranium Park Location Map Beaver Lake Townhomes Attachment 2 SITE page #2 Attachment 1 5 Packet Page Number 81 of 202 STERL IN G C IR S T E R L I N G C I RDEERFIELD DRBEAVERDAANTELOPE WAY BEAVER CREEK PKWYGSTMAGNOLIA A V E MARY STSTERLING ST ROSE A V ECOUGAR STERLING LN AMBERJACK LN ANTELOPE W A Y LAKEWOOD DR MARYLANDAVE r1r1 ncnc pudpud r3r3 ff r2r2 Zoning Map Beaver Lake Townhomes Attachment 2 SITE page #2 Attachment 2 6 Packet Page Number 82 of 202 Attachment 3 7 Packet Page Number 83 of 202 1 City Council Meeting 05-28-02 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, May 28, 2002 Council Chambers, Municipal Building Meeting No. 02-11 A. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:07 P.M. by Mayor Cardinal. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 2. 9:33 Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue) A. Conditional Use Permit for a Planned Unit Development (PUD) B. Street Right-Of-Way and Easement Vacations C. Preliminary Plat a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. c. Commissioner Rossbach presented the Planning Commission report. Councilmember Collins moved to extend the meeting until all agenda items are addressed. Seconded by Councilmember Juenemann Ayes-All d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Laurence Olson, LSJ Engineering, Representing the Developer of Beaver Lake Townhomes Mark Dorling, 1115 Sterling Street North, Maplewood Kay Peterson, 1085 Mary Street, Maplewood Margaret Lutfey, 1076 Mary Street, Maplewood Bob Zick, 1880 E. Shore Drive, Maplewood Attachment 4 8 Packet Page Number 84 of 202 2 City Council Meeting 05-28-02 Kevin Berglund, 1929 Kingston Avenue, Maplewood Joan Dorling, 1115 Sterling Street North, Maplewood Will Rossbach, 1386 E. County Road C, Maplewood Kay Peterson, Second Appearance Mark Dorling, Second Appearance Bob Zick, Second Appearance Kevin Berglund, Second Appearance e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive: RESOLUTION 02-05-098 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for a conditional use permit (CUP) for the Beaver Lake Townhomes residential planned unit development (PUD). WHEREAS, this permit applies to undeveloped property for the Beaver Lake Townhomes PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (PINS 25-29-22-21-0010 and 25-29-22-21- 0011.) WHEREAS, the history of this conditional use permit is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. The council tabled action on the development request until May 14, 2001. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 9 Packet Page Number 85 of 202 3 City Council Meeting 05-28-02 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 shall follow the plans date-stamped March 12, 2002 except for the following changes: a. Revising the grading and site plans to show: (1) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: (a) As allowed by the watershed district. (b) For the utilities, trails and footbridge. (2) The required trails and sidewalks. (3) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city’s design standards. (4) The developer minimizing the loss or removal of natural vegetation including keeping and protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor near the rear of proposed buildings 26-34. 10 Packet Page Number 86 of 202 4 City Council Meeting 05-28-02 (5) All driveways at least 20 feet wide. If the developer wants to have parking on one side of a driveway, then that driveway must be at least 28 feet wide. (6) All parking stalls with a width of at least nine feet and a length of at least 18 feet. c. The developer deeding the area labeled “Park Dedication” on the plans to the City of Maplewood. This dedication is to help protect the most sensitive natural features on the site and would protect this part of the site from building, fences, mowing, cutting, filling, grading, dumping or other ground disturbances. This dedication also would help ensure the natural linear or corridor aspect of the site (primarily around the stream) main as it is now. The Parks and Recreation Director shall approve the land or the area(s) for dedication to the city. The city shall use the Greenways grant from the DNR, while matching the state dollars with city open space money, (as is required) to buy the protected area along the stream and wetlands labeled as Park Dedication on the plan dated March 12, 2002. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3.* Have the city engineer approve final construction and engineering plans. These plans shall: a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, driveway and parking lot plans. b. Show no grading or ground disturbance (except where utilities or trails are installed) in the: (1) Required wetland and stream buffer areas. (2) Park Dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City-required trails are allowed in the buffer and park dedication areas. c. Include a storm water management plan for the proposal. d. Include a coordinated plan with the public works department for the design and 11 Packet Page Number 87 of 202 5 City Council Meeting 05-28-02 installation of the sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs through the site. 4. The design of the ponds shall meet Maplewood’s design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. d. Install survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. f. Install a six-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The developer’s engineer shall show this sidewalk on the grading and construction plans. The city engineer shall approve the details of these plans. g. Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: (1) From Private Driveway A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. (2) From Private Driveway D in the east side of the site, between Lots 21 and 22 to near the stream in the center of the site. The trail must have a surface that is not impervious when the trail is in a wetland or stream buffer area. The developer’s engineer shall design the trails to follow the existing property contours and proposed utility corridors to save as many trees as possible and to minimize the amount of grading necessary to install the trails. b. Restore all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. 12 Packet Page Number 88 of 202 6 City Council Meeting 05-28-02 6.* The developer shall give the city wetland easements over the wetlands and the stream. The easements shall cover the wetlands and any land within 50 feet surrounding a wetland. The easements also shall cover the stream and any land within 50 feet of the top of the stream bank. These easements shall prohibit any building, mowing, cutting, filling or dumping within fifty feet of the wetland and the stream or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands and the stream from fertilizer and to protect the wetland and stream habitat from encroachment. 2. The approved setbacks for the principal structures in the Beaver Lake Townhome PUD shall be: a. Front-yard setback (from a private driveway): minimum - 20 feet, maximum - 35 feet b. Front-yard setback (public side street): minimum - 25 feet, maximum - 40 feet c. Rear-yard setback: none d. Side-yard setback (town houses): minimum - 5 feet to a property line and 10 feet minimum between buildings e. Side yard setbacks (apartments): 20 feet minimum between buildings 8. This approval does not include the design approval for the townhomes or for the apartments. The project design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. The buildings in the shoreland district shall have a maximum height of 25 feet (unless the city council approves taller structures). c. The developer shall design the structures to reduce their visibility from the lake. This shall include using vegetation, topography, increased setbacks, color or other means to accomplish the screening. The city may require additional vegetation to help screen these facilities. d. For the driveways: (1) Minimum width - 20 feet. (2) Maximum width - 28 feet. 13 Packet Page Number 89 of 202 7 City Council Meeting 05-28-02 (3) All driveways less than 28 feet in width shall be posted for “No Parking” on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. e. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 9. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots for any outlot in the preliminary plat before the city will issue a building permit. 10. The developer paying the city $94,000 in Park Availability Charges (PAC fees) for this development. 11. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes-All Councilmember Koppen moved to adopt the following resolution approving a street right- of-way and easement vacations for the Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue): RESOLUTION 02-05-099 STREET RIGHT-OF-WAY VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following described street right-of-ways: 1. That part of the Sterling Street right-of-way as a roadway easement according to the document filed with Ramsey County lying within the West 25 feet of the East 58 feet of Lot 5, Block 2, Beaver Lake Addition. 2. That part of Magnolia Avenue (formerly known as Cherry Avenue) as platted in Beaver Lake Addition lying between the east right-of-way line of Lakewood Drive (the west line of Lot 8, Block 2, Beaver Lake Addition extended south) and the east property line of Lot 7, Block 2, Beaver Lake Addition extended south. All in Section 25, Township 29, Range 22 in Ramsey County. WHEREAS, the history of these vacations is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve these street vacations. 14 Packet Page Number 90 of 202 8 City Council Meeting 05-28-02 2. On May 28, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: 1. Lot 5, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0010) 2. Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) 3. The North 161.83 feet of the West 1/4 of the SE 1/4 of the NW 1/4 (subject to roads) of Section 25, Township 29, Range 22 (1070 Lakewood Drive North) (PIN 25-29-22-24-0072) 4. Except the North 290.66 feet of the West 1/2 North 677.06 feet of the West 1/2 of the SE 1/4 of the NW 1/4 (Subject to roads and easement) in SEC 25, TN 29, RN 22 (PIN 25-29-22-24- 0073) All in Section 25, Township 29, Range 22, Maplewood, Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described vacation since it is in the public interest based on the following reasons: 2. The adjacent properties have adequate street access. 3. These right-of-ways are not needed for the public purpose of street construction. 4. The developer will be building private streets and driveways in the project. RESOLUTION 02-05-100 EASEMENT VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following-described easements: That part of the following sanitary sewer easement according to document number 1504484 lying within Lots 7 and 8, Block 2, Beaver Lake Addition, described as follows: Beginning on the West line of the Northeast quarter of the Northwest quarter of Section 25, Township 29, Range 22, a distance of 603 feet South of the Northwest corner of said Northeast quarter of Northwest quarter; thence East 153 feet; thence South 185 feet; thence South 85 degrees, 03 minutes East 172.9 feet; thence South 1 degree 38 minutes 30 seconds West a distance of 80 feet; thence South 88 degrees 21 minutes, 30 seconds East a distance of 170.25 feet more or less to a point on the West line of the 50 foot sewer easement hereinafter 15 Packet Page Number 91 of 202 9 City Council Meeting 05-28-02 described, all of the foregoing being over Lot 8, Block 1 and Lots 7 and 8, Block 2, Beaver Lake Addition. All lying south of Maryland Avenue and between Lakewood Drive and Sterling Street in Section 25, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve these vacations. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting property: Lot 8, Block 1, Beaver Lake Addition and Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) All in Section 25, Township 29, Range 22, Ramsey County, Minnesota NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described vacations for the following reasons: 1. It is in the public interest. 2. The city and the adjacent property owners have no plans to build a street or utilities in these locations. 3. The adjacent properties have access to public streets and utilities. Seconded by Councilmember Collins Ayes-All Councilmember Koppen moved to adopt the preliminary plat for Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive. The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: 16 Packet Page Number 92 of 202 10 City Council Meeting 05-28-02 a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in at least 15 locations - primarily at street and driveway intersections and street or driveway curves. The exact style and location shall be subject to the city engineer’s approval. d. Pay the city for the cost of traffic-control, street identification and no parking signs. e. Provide all required and necessary easements. f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and guidelines. g. Complete and replace as necessary all curb and gutter on Sterling Street and on Maryland Avenue. This is to replace the existing driveways and driveway aprons on these streets. This shall include the repair of the pavement and the restoration and sodding of the boulevards. h. For the trails and sidewalks, complete the following: (1) Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. All trails between lots shall be in a publicly-owned pedestrian way or outlot. (2) The developer also shall build a six-foot-wide sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. (3) The developer shall install a two-rail split-rail fence on both sides of each trail and posts at the end of the trails to prevent motorized vehicles from using the trail. (4) The developer shall build the trails, sidewalks and fencing with the driveways and streets before the city approves a final plat. (5) The city engineer must approve these plans. 17 Packet Page Number 93 of 202 11 City Council Meeting 05-28-02 i. Install permanent signs around the edge of the wetland and stream buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. j. Install survey monuments along the wetland boundaries. k. Install survey monuments and signs along the edges of the area labeled “Park Dedication.” These signs shall explain that the area beyond the signs is a public park area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. b. Install signs where the driveways for the apartments and for the town houses intersect the public streets indicating that they are private driveways. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail, sidewalk, driveway and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (3) Contour information for all the land that the construction will disturb. (4) Building pads that reduce the grading on site where the developer can save large trees. (5) The street, driveway and trail grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. 18 Packet Page Number 94 of 202 12 City Council Meeting 05-28-02 (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (2) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (3) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (4) Additional information for the property south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (5) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1, 3 and 4). The overflow swales shall be protected with permanent soil-stabilization blankets. (11) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. c.* The tree plan shall: (1) Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. 19 Packet Page Number 95 of 202 13 City Council Meeting 05-28-02 (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 ) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, park dedication areas or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c) along the trails (d) along the east side of Lakewood Drive to screen the proposed buildings from Beaver Lake (e) along the south side of the site (west of Sterling Street) to screen the development from the existing house to the south The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 270 trees after the site grading is done. d. The street, trail, sidewalk and utility plans shall show: (1) An eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. The parks and recreation director shall approve their locations and design. (2) The public streets and driveways shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (3) All the streets, parking areas and driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. 20 Packet Page Number 96 of 202 14 City Council Meeting 05-28-02 (4) The removal of the unused driveways and driveway aprons and the completion of the curb and gutter on Sterling Street and on Maryland Avenue and the restoration and sodding of the boulevards. (5) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (6) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) The plan and profiles of the proposed utilities. (8) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. (9) A coordinated sewer realignment and reconstruction plan. The city engineer must approve the sanitary sewer realignment plans. (10) A six-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. e. The drainage plan shall ensure that there is no increase in the rate of storm water run-off leaving the site above the current (predevelopment) levels. The developer’s engineer shall: (1) Verify inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department’s review of the construction plans. 4. Change the plat as follows: a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Show the wetland boundaries on the final plat as approved by the watershed district. c. Show the park dedication boundary and area on the final plat. d. Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the driveways and street right-of-ways. e. Show street names for the driveways as follows: (1) Private Driveway A in the west one-half of the site shall be called “Beaver Creek Parkway.” (2) Private Driveway B in the west one-half of the site shall be called “Beaver Creek Lane.” (3) Private Driveway D in the east one-half of the site shall be called “Sterling Circle.” 21 Packet Page Number 97 of 202 15 City Council Meeting 05-28-02 (4) Private Driveway E in the east one-half of the site shall be called “Sterling Lane.” f. Show the existing pipelines and pipeline easements on the final plat. g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the building pads will be at least 100 feet away from the pipeline. (code requirement) h. Label the common areas as outlots. B. Show the trails in publicly owned property or easements. j. Show the area between buildings 8 and 9 and buildings 21 and 22 as separate outlots and dedicate each of these to the city. 5. Secure and provide all required easements for the development. These shall include: C. Any off-site drainage and utility easements. D. Wetland and stream easements over the wetlands and any land within 50 feet surrounding a wetland and a stream. The easement shall prohibit any building or structures within 50 feet of the wetland or stream or any mowing, cutting, filling, grading or dumping within 50 feet of the stream, wetland or within the wetland itself. c. A stream buffer easement that is at least 50 feet wide on each side of the stream that crosses the site. The easement shall prohibit any building, structures or any mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water mark (OHWM) of the stream. The purpose of these easements is to protect the water quality of the stream and wetlands from fertilizer and runoff. They also are to protect the stream and wetland habitat from encroachment. d. Any easements the city needs for the realignment of the sanitary sewer through the site. 6. Sign a developer’s agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Lakewood Drive, Maryland Avenue and Sterling Street (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the driveways. d. Work with the city as necessary for the realignment of the sanitary sewer through the site. This sewer project also will require an assessment agreement between the developer and the city to compensate the city for the benefit that the developer receives from the city sewer construction. 7. Record the following with the final plat: 22 Packet Page Number 98 of 202 16 City Council Meeting 05-28-02 a. All homeowners’ association documents. b. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Lakewood Drive and onto Maryland Avenue. c. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 1 through 3, Lots 19 through 24 and buildings 41 and 42 of the proposed preliminary plan the city received on March 12, 2002. The developer also shall notify the purchasers of the pipeline location. d. A deed dedicating a stream buffer easement (50 feet from the top of each stream bank) for the stream that crosses the site. e. Deeds for the stream and wetland buffer easements surrounding the stream and the wetlands. f. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. E. A deed that transfers the ownership of the park dedication area to Maplewood. F. Deeds that transfer the ownership of the outlots between buildings 8 and 9 and buildings 21 and 22 to the city. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 8. Submit the homeowners’ association bylaws and rules to the Director of Community Development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and structures. 9. Show the wetland boundaries on the plat as approved by the Watershed District. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to meet wetland regulations. 10. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer’s agreement any grading that the developer or contractor has not completed before final plat approval. 11. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. ____________________ *The developer must complete these conditions before the city issues a grading permit or approves the final plat. 23 Packet Page Number 99 of 202 17 City Council Meeting 05-28-02 Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Koppen, Wasiluk Nays-Councilmember Juenemann Councilmember Koppen moved to adopt the following resolution approving the on street parking standards for the Beaver Lake Townhome development: RESOLUTION 02-05-101 NO PARKING RESOLUTION WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Beaver Lake Townhomes. WHEREAS, the developer wants to have reduced street right-of-way widths, reduced street pavement widths and reduced private driveway widths in this development. WHEREAS, the city has approved reduced street right-of-way widths, reduced street pavement widths and reduced driveway widths in the development, subject to on-street parking restrictions. WHEREAS, Section 29-52(b) of the city code allows variations from the city code standards if they do not affect the general purpose of the city code. NOW, THEREFORE, IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets and driveways less than 28 feet wide and prohibits parking on one side of the public streets and driveways that are 28 feet to 32 feet wide in the Beaver Lake Townhome PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25-29-22. Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Wasiluk, Koppen Nays-Councilmember Juenemann Councilmember Koppen moved to authorize city staff to spend up to $400,000 of the open space funds for the 8.9 acres which would include the $150,00 matching grant form the DNR Greenways Program. Staff was also directed to make the developer aware that the city would like to see his participation in the open space program. Seconded by Councilmember Collins Ayes-All 24 Packet Page Number 100 of 202 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 9, 2002 I. CALL TO ORDER Chairperson Ledvina called the meeting to order at 6:00 p.m. II. ROLL CALL Matt Ledvina Present Craig Jorgenson Present Diana Longrie-Kline Present Linda Olson Present Ananth Shankar Absent Staff Present: Shann Finwall, Associate Planner Lisa Kroll, Recording Secretary VI. DESIGN REVIEW b. Beaver Lake Townhomes – South of Maryland Avenue, between Sterling Street and Lakewood Drive Ms. Finwall outlined the details of the Beaver Lake Townhomes. The development will include 40 single-family detached townhomes and 108 rental units in eleven 8-unit and five four-unit buildings. Staff recommends approval of the design review of Beaver Lake Townhomes with conditions as outlined in the staff report. Larry Olson of LSJ Engineering addressed the board. He presented to the board drawings of the renditions of the townhomes that homeowners could choose from. Doug Moe, architect for the Beaver Lake Apartments addressed the board. He stated the smallest building will be 4 units and will have one and two bedrooms. The larger units will have two and three bedrooms. Mr. Moe showed board members the drawings and color schemes of the apartment buildings. Chairperson Ledvina asked the applicant why the brick wainscoting was not continued along the front elevation of the apartments. Ms. Finwall said originally the applicant did not have any brick. Staff recommended adding brick to tie the buildings in with the townhomes. The developer submitted revised plans showing brick wainscoting along a portion of the front elevations and on the garage elevations. Board member Olson asked staff if there was going to be a revised light plan revision submitted? Ms. Finwall said correct. Attachment 5 25 Packet Page Number 101 of 202 Community Design Review Board Minutes 7-9-2002 2 Chairperson Ledvina said he prefers the design of sample "B" compared to the design of sample "A" regarding the floor plans for the townhomes. He thinks there should be a two-foot return on the side elevations of the townhomes. He feels it gives a much nicer appearance in his opinion. He likes the design of the multi tenant buildings. He would like to incorporate the brick design on the entire elevation and have it be continuous around the whole building. Board member Olson said she prefers the brick to stop at the corner and not be a two- foot wrap around on the townhomes. She has a concern about the side elevation with only one window. Perhaps landscaping could be added to that side to dress up the expansion. Board member Jorgenson said he likes the brick idea on both projects. It adds a lot to the structure and saves maintenance on the exterior of the building. He likes the various alternatives the applicant would be offering to the potential homeowner. It will be a nice mix he said. Board member Olson said she thinks it should be up to the potential homeowner if they want brick wrapped around the building or not. Board member Longrie-Kline agreed that she liked the design of the buildings and the alternatives in the townhome designs for the potential homeowners. She doesn't have a preference for the brick on the buildings. In her opinion she thinks it looks fine either way. Having more brick on the structures would make for a more consistent community with the townhomes and apartment buildings. Mr. Moe said adding more brick adds to the cost of the project. Mr. Moe said the one- bedroom units are about 800 square feet, the two bedroom units are about 1,100 square feet, and the three bedroom units are about 1,300 square feet in size. Chairperson Ledvina said he can appreciate the concern about the additional price of adding brick. Brick would actually save on the siding of the apartment buildings in the long haul and aesthetically it would be more pleasing. It is a very small percentage of cost to be added. Board member Olson said that the apartment with two or more bedrooms will attract people with children and this could save on the exterior of the building having brick on it as opposed to just vinyl siding. She would agree with chairperson Ledvina in his statements. Board member Jorgenson moved to approve the project design plans (architectural, landscaping and lighting plans) for the Beaver Lake Townhouses (dated June 19, 2002). The city bases this approval on the findings required by the code. The developer or contractor shall do the following: (changes are in bold) 1. Repeat this review in two years if the city has not issued a building permit for this project. 26 Packet Page Number 102 of 202 Community Design Review Board Minutes 7-9-2002 3 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include the grading, utility, drainage, erosion control, tree, trail, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions and requirements of the assistant city engineer and the following: (1) The erosion control plans shall be consistent with the city code. (2) The grading plan shall show: (a) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (b) Contour information for all the land that the construction will disturb. (c) Building pads that reduce the grading on site where the developer can save large trees. (d) The street, driveway and trail grades as allowed by the city engineer. (e) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no maintenance vegetation and be stabilized before the city approves the final plat. (f) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit form the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (g) Sedimentation basins or ponds as required by the watershed board or by the city engineer. 27 Packet Page Number 103 of 202 Community Design Review Board Minutes 7-9-2002 4 (h) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (i) No grading or ground disturbance (except where utilities or trails are installed) in the: 1. Required wetland and stream buffer areas. 2. Park dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City-required trails are allowed in the buffer and park dedication areas. (j) Additional information for the property south of the project south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (k) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1,3, and 4). The contractor shall protect the overflow swales with permanent soil- stabilization blankets. (l) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. (m) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: 1. As allowed by the watershed district. 2. For the utilities, trails and footbridge. 28 Packet Page Number 104 of 202 Community Design Review Board Minutes 7-9-2002 5 (n) The required trails and sidewalks. (o) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (3) A detailed tree planting plan and material list, which shall: (a) Show where the developer or contractor will remove, save or replace large trees. (b) Show the size, species and location of the replacement and screening trees. The new screening trees shall be grouped together and shall include the planting of additional native evergreens and shrubbery on the site to provide additional screening and privacy between the proposed townhouses and the single dwellings to the south as well as screening from the proposed apartment buildings and Beaver Lake. The screening evergreens should include Austrian Pine, Black hills Spruce, Eastern Red Cedar and Eastern Arborvitae. Plant the additional screening evergreens and shrubbery as follows: 1. Along the south property line, adjacent the detached townhouses, to at least the west edge of Sterling Lane. Evergreens planted in this area shall be at least six (6) feet high and planted in a staggered row. Overall plantings within this area shall produce an 80 percent opaque screening from the townhouses and the adjacent single family dwelling to the south. 2. Along the west property line, adjacent the apartment buildings, to the south property line. Evergreens and shrubbery in this area shall be planted in a manner that helps reduce the visibility of the apartments from Beaver Lake. (c) All new and replacement deciduous trees shall be at least two and one half (2½) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples, or other native species. All replacement evergreens shall be at least eight (8) 29 Packet Page Number 105 of 202 Community Design Review Board Minutes 7-9-2002 6 feet tall and all new evergreens shall be at least (6) feet tall, excluding the new evergreens planted on west property line as noted above. (d) Show no tree removal beyond the approved grading and tree limits. (e) Show the planting of at least 270 new trees after the site grading is done. (4) All the parking areas and driveways shall have continuous concrete curb and gutter. (5) The site, street, driveway, sidewalk and utility plans shall show: (a) A six foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The public works director shall approve the location and design of the sidewalk. (b) A water service to each detached housing unit. (c) The repair of Maryland Avenue and Sterling Street (street and boulevard) after the developer connects to the public utilities and builds the private driveways. This shall include replacing all unused existing driveways and curb cuts. (d) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire-flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (e) The plan and profiles of the proposed utilities. (f) All private roads at least 20 feet wide. If the developer wants to have parking on one side of a private road, then that private road must be at least 28 feet wide. (g) All private roads less than 28 feet in width shall be posted for "No Parking" on both sides. Private roads at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. 30 Packet Page Number 106 of 202 Community Design Review Board Minutes 7-9-2002 7 (h) All parking stalls with a width of at least nine feet and a length of at least 18 feet. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Revise the landscape plan for city staff approval showing: (1) A variety of shrubs planted within the ponding areas and along the proposed trails between buildings 8 and 9 and buildings 21 and 22. These should include Alpine Current, Yew, Glossy Black Choke Berry, American Cranberry (short cultivar), Purple Leaf Sand Cherry and Dogwood. These plantings are to provide a variety of colors and textures on the site and to provide separation between uses. (2) All lawn areas shall be sodded. The city engineer shall approve the vegetation within the ponding areas and on the steep slopes. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with a wood fiber blanket, be seeded with a no maintenance vegetation and be stabilized before the city approves the final plat. (3) Having in-ground irrigation for all landscape areas (code requirement). (4) The restoration of all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. d. Show city staff that Ramsey County has recorded the deeds and all homeowner's association documents for this development before the city will issue a certificate of occupancy for the first town house unit. e. Submit a photometric plan for staff approval as required by the city code. f. Submit revised building elevations as follows: (1) Apartment building elevations showing the brick wainscoting extending around the entire building. 31 Packet Page Number 107 of 202 Community Design Review Board Minutes 7-9-2002 8 (2) Townhouse elevations showing that the front brick wainscoting for all proposed front elevations (A-1, A-2, A-3, B-1, B-2, and B-3) wraps around the building by two (2) feet on each side. g. Submit samples of all building materials (including siding colors) for the buildings to the city for staff approval. 3. Complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction and set new property irons for the new property corners. b. Restore and sod damaged boulevards and sod all turf areas outside of the ponding areas. c. Install a reflectorized stop sign at the Lakewood Drive exit, no parking signs along the private driveways as required by code and addresses on each building for each unit. In addition, the applicant shall install stop signs and traffic directional signs within the site, as required by staff. d. Construct a six-foot-wide concrete public sidewalk between Sterling Street and the west property line of the site. The Maplewood Public Works Director shall approve the location and design of the sidewalk. e. Complete the site grading and install all required landscaping (including the foundation plantings), ponding areas and an in- ground lawn irrigation system for all landscaped areas (code requirement). f. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. g. Install on-site lighting for security and visibility, subject to city staff approval. h. Construct two-rail split-rail fences along the trails in the following locations: (1) From Beaver Creek Parkway between Lots 8 and 9 to near the stream in the center of the site. (2) From Sterling Circle between Lots 21 and 22 to near the stream in the center of the site. 32 Packet Page Number 108 of 202 Community Design Review Board Minutes 7-9-2002 9 4. If the contractor has not completed any required work, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Board member Olson seconded. Ayes – Jorgenson, Ledvina, Longrie-Kline, Olson The motion passed. 33 Packet Page Number 109 of 202 Packet Page Number 110 of 202 Attachment 6 34 Packet Page Number 111 of 202 35 Packet Page Number 112 of 202 36 Packet Page Number 113 of 202 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Assistant City Engineer SUBJECT: Approve Entering into Contract for Implementation and Training for Civil 3D Software Update DATE: July 27, 2011 INTRODUCTION The council will consider authorizing the Mayor and City Manager to enter into a contract for the implementation and training of Civil 3D for the Public Works Engineering department. BACKGROUND Land Desktop 2006 is the primary software program utilized by the Public Works Engineering department for the preparation of plans, design of projects, production of maps, drafting of easements, and other vital mapping tasks. This software is critical to the proper functioning of the Public Works Department. Autodesk informed our IT department that as of April 1, 2012, Autodesk will no longer support Land Desktop 2006 and the current licenses will expire. Therefore, the need to upgrade to the latest version, called Civil 3D, is required. Public Works and IT have since upgraded the necessary computers in preparation for the Civil 3D software upgrade to make sure all systems are able to support the new version software. Public Works and IT staff researched what it would take to successfully install the new software and train the staff on the new version. Due to the significant changes in how Land Desktop 2006 operates versus Civil 3D it was determined that a firm specializing in this area would need to be hired to install, customize the software/design templates, configure the system, setup data management protocols, provide product training, and provide product support. Through research, three companies were found that meet the needs as defined by the request for proposal (RFP) that was developed for the implementation and training of Civil 3D. A total of three proposals were received and the following is a summary of costs to perform the work: Company Base Cost Tier One Support Total with Tier One Support Managed Design $23,000.00 (1) $3,600 (2) $26,600 (2) MasterGraphics $27,000.00 $3,200 $30,200 Imaginit Technologies $36,477.00 $7,128 $43,605 Note: (1) Assuming a $4,000.00 discount for payment up front (2) Unlimited phone and web based technical support when selected as a preferred dealer through DLT Autodesk Licensing Agenda Item G9 Packet Page Number 114 of 202 Managed Design was the lowest proposal at $26,600 which includes a $4,000 discount for payment up front. Managed Design is a local company and is willing to provide the training either at the city facilities, through the use of their mobile training stations, or at their office in the classroom. The Tier One Support Package includes 24 hours of on-site project assistance. Managed Design offers this service for $3,600. This would be used after the standard training and implementation; for example if the firm was requested to come back to the city for additional training and technical assistance. Also, Managed Design was the only proposer to offer free unlimited phone and internet support when the Civil 3D license is connected to Managed Design. It has been verified with the IT department that licenses can be connected to Managed Design. Managed Design is a local company with headquarters in Edina, MN. Their facility is equipped with training facilities and has the ability to provide mobile training facilities to meet the needs of the customers. Managed Design has provided similar services for the City of St. Paul, City of St. Louis Park, and the City of Bloomington. In checking with representatives of the City of St. Louis Park and the City of Bloomington, both cities have been very happy with the product and the continued support provided by Managed Design. A recommendation was received to retain some time for support after the initial training such as the Tier One Support, which was included in the RFP. Staff recommends Managed Design be awarded the contract for the implementation and training for Civil 3D for the Public Works Engineering department. This recommendation is based on Managed Design being the low bid with the $4,000 discount for payment up front, the competitive pricing for the Tier One Support, the ability to have unlimited phone and internet support, and the comments made by the references. BUDGET The $26,600 cost is to be paid for out of the 2011 Public Works operating budget and was an anticipated expense. RECOMMENDATION It is recommended that the council authorize the Mayor and the City Manager to enter into a contract for services with Managed Design for the implementation and training of Civil 3D for the Public Works Department. Attachments 1. Proposal from Managed Design 2. Proposal from MasterGraphics 3. Proposal from Imaginit Technologies Agenda Item G9 Packet Page Number 115 of 202 Revision 3 - 6/29/2011 © 2011 by Managed Design – For Internal Use by the City of Maplewood and the Managed Design Project Team – Confidential. Please Do Not Distribute. 8 Project Cost Summary The project is quoted based on a time and materials basis (days) estimated as follows: *Please note that we will offer a - $4000 Discount if all services are paid in advance* RFP Response Tabulation Agenda Item G9 Attachment 1 Packet Page Number 116 of 202 7 Cost MasterGraphics recognizes that pricing is a fundamental issue with any project. Our goal is to work within your budget to provide you with the highest value possible. Based on the City of Maplewood’s requirements, and our understanding of the products and quantities MasterGraphics is pleased to offer the following pricing: *Pricing does not include taxes *Pricing does not include travel and expense – to be billed at MasterGraphics cost Agenda Item G9 Attachment 2 Packet Page Number 117 of 202 Agenda Item G9 Attachment 3 Packet Page Number 118 of 202 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director SUBJECT: Approval of Resolution Directing Modification of Existing Construction Contract, Supplemental Agreement Nos. 5, 6, 11, and 13 with Ramsey County, White Bear Avenue / County Rd D Improvements, Project 08-13 DATE: July 28, 2011 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract for Supplemental Agreements 5, 6, 11, and 13. DISCUSSION Previously the council approved Supplemental Agreement No. 3 in November of 2010 which had a small city cost for concrete walkway material. The city does not have a part in all supplemental agreements, only those where the city has a cost-share. A majority of the supplemental agreements are between Ramsey County and the project contractor. Supplemental Agreement Nos. 5, 6, 11, and 13 do contain a city share. Supplemental Agreements 5, 6, and 13 have a minor participating cost, however Supplemental Agreement No. 11 is more significant. Supplemental agreement No. 11 is for pedestrian lighting along both White Bear Avenue (Beam to County D) and County Road D (Southlawn to White Bear). This pedestrian safety lighting will match the pole and lamping style reflected in the Legacy Village area. The amount of the supplemental agreement is $342,325.79 however the city’s share is $132,325.79, while $210,000.00 is covered under the city’s federal share (no city dollars). On April 25, 2011 the council authorized the City Engineer to negotiate pricing for conduit and its installation along the two corridors which was expected to cost the city $97,000.00. Since that time the city determined it was eligible to use up to $210,000.00 in federal dollars for pedestrian lighting along the new walkways. With the federal money available it was determined to move forward with the installation of the conduit and the installation of the poles and lights at one time to leverage the federal dollars. BUDGET The approval of Supplemental Agreements 5, 6, 11, and 13 are not anticipated to require a budget adjustment at this time. The current approved budget is $3,374,000, with just under $1.7 million coming from special assessments. RECOMMENDATION It is recommended that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Supplemental Agreement Nos. 5, 6, 11, and 13, for City Project 08-13. Attachments: 1. Resolution 2. Supplemental Agreements 5, 6, 11, and 13 3. Location Map Agenda Item G10 Packet Page Number 119 of 202 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08-13, SUPPLEMENTAL AGREEMENT NOS. 5, 6, 11, and 13 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered improvements to Project 08-13, White Bear Ave / County Rd D Improvements, and has concurred with a contract let by Ramsey County and in accordance to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as City Project 08-13 including Supplemental Agreement Nos. 5, 6, 11, and 13. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor and City Manager are hereby authorized and directed to modify the existing contract by ratifying and executing said Supplemental Agreement Nos. 5, 6, 11, and 13. Adopted by the Maplewood City Council on this 8th day of August 2011. Agenda Item G10 Attachment 1 Packet Page Number 120 of 202 Agenda Item G10 Attachment 2 Packet Page Number 121 of 202 Agenda Item G10 Attachment 2 Packet Page Number 122 of 202 Agenda Item G10 Attachment 2 Packet Page Number 123 of 202 Agenda Item G10 Attachment 2 Packet Page Number 124 of 202 Agenda Item G10 Attachment 3 Packet Page Number 125 of 202 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Deputy Public Works Director SUBJECT: Approval of Resolution Adopting Support for Funding Applications a. Gladstone Area Improvements, City Project 04-21 STP Funding Application b. TH 36 and English Street Interchange Improvements, City Project 09-08 STP Funding Application c. TH 36 and English Street Interchange Improvements, City Project 09-08 Municipal Agreement Funding Application d. County Road D Court Improvements, City Project 10-20 Municipal Agreement Funding Application DATE: August 1, 2011 INTRODUCTION City staff is planning to pursue Federal Surface Transportation Program (STP) funding and Mn/DOT Municipal Agreement funding for four city projects. The Surface Transportation Program (STP) is administered by the Metropolitan Council and it allows agencies to apply for the use of federal funds for eligible construction projects. The Municipal Agreement program is administered by Mn/DOT and it provides local agencies funding to make improvements that benefit the trunk highway system. A resolution of support from the City Council is necessary for the submittal of both the STP and Municipal Agreement funding applications. BACKGROUND Federal Surface Transportation Program (STP) – Metropolitan Council The Metropolitan Council is currently accepting applications for its Federal Surface Transportation Program (STP). The deadline for the submittal of funding applications is August 22, 2011, and the application needs to include a resolution of support from the City Council. City staff believes the following projects would be eligible for this program: Gladstone Area Improvements, City Project 04-21 The City’s Comprehensive Sidewalk and Trail Master Plan and the Gladstone Area Alternative Urban Areawide Review (AUAR) identify the need for sidewalk and trail improvements along Frost Avenue between East Shore Drive and White Bear Avenue. The proposed sidewalk and trail improvements along Frost Avenue are eligible to be considered for Federal STP funding under the Bikeways and Walkways category. The proposed sidewalk and trail improvements to be included in the application are identified on the attached exhibit. TH 36 and English Street Interchange Improvements, City Project 09-08 The City’s Comprehensive Sidewalk and Trail Master Plan identify the need for sidewalk and trail improvements within the TH 36 and English Street Interchange project area. The proposed sidewalk Agenda Item G11 Packet Page Number 126 of 202 and trail improvements included in the TH 36 and English Street Interchange Improvements project are eligible to be considered for Federal STP funding under the Bikeways and Walkways category. The proposed sidewalk and trail improvements to be included in the application are identified on the attached exhibit. Municipal Agreement Program - MnDOT Mn/DOT is currently soliciting applications for the Municipal Agreement program for Fiscal Year (FY) 2013. The Municipal Agreement program provides funding for construction projects that are administered by local agencies and provide a benefit to both the local community and the trunk highway system. The deadline for the submittal of funding applications is August 26, 2011, and the application needs to include a resolution of support from the City Council. City staff believes the following projects would be eligible for this program: TH 36 and English Street Interchange Improvements, City Project 09-08 The TH 36 and English Street Interchange Improvements project includes the closure of the eastbound and westbound TH 36 accesses at Hazelwood Street. These access points are particularly dangerous due to the speed differential between vehicles traveling on TH 36 and vehicles exiting/entering at Hazelwood Street. The closure of these TH 36 access locations is eligible for Municipal Agreement funding. The attached exhibit identifies the proposed improvements that would be included in the application. County Road D Court Improvements, City Project 10-20 Mn/DOT and the City have participated in numerous discussions over the past several years on the County Road D Court access at TH 61. Mn/DOT’s desire is to close this access point; however access needs to be maintained to the properties and businesses along County Road D Court. The County Road D Court Improvements project would close the access at TH 61 and provide an alternative access from the County Road D/Hazelwood Street intersection to the east. This TH 61 access closure is eligible for Municipal Agreement funding. The attached exhibit identifies the proposed improvements that would be included in the application. RECOMMENDATION It is recommended that the city council approve the attached Resolutions in support of the following funding applications: 1. Gladstone Area Improvements, C.P. 04-21 – STP Funding 2. TH 36 and English Street Interchange, C.P. 09-08 – STP Funding 3. TH 36 and English Street Interchange, C.P. 09-08 – Municipal Agreement Funding 4. County Road D Court Improvements, C.P. 10-20 – Municipal Agreement Funding Attachments: 1. Resolution: Gladstone Area Improvements, C.P. 04-21 – STP Funding 2. Resolution: TH 36 and English Street Interchange Improvements, C.P. 09-08 - STP Funding 3. Resolution: TH 36 and English Street Interchange Improvements, C.P. 09-08 - Municipal Agreement Funding 4. Resolution: County Road D Court Improvements, C.P. 10-20 - Municipal Agreement Funding 5. Map: Gladstone Area Trail and Sidewalk Improvements 6. Map: TH 36 and English Street - Sidewalk and Trail Improvements 7. Map: TH 36 and English Street - Hazelwood Street Closure 8. Map: County Road D Court Improvements Agenda Item G11 Packet Page Number 127 of 202 RESOLUTION SUPPORTING FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDING APPLICATION SUBMITTAL FOR GLADSTONE AREA SIDEWALK AND TRAIL IMPROVEMENTS WHEREAS, the City Council of the City of Maplewood is the official governing body; and WHEREAS, the City of Maplewood is planning to construct a bituminous trail and concrete sidewalk system along Frost Avenue from East Shore Drive to White Bear Avenue; and WHEREAS, the project is consistent with the City of Maplewood’s Comprehensive Sidewalk and Trail Master Plan and the Gladstone Alternative Urban Areawide Review (AUAR); and WHEREAS, the proposed sidewalk and trail improvements provide connectivity within the Gladstone area to the existing Bruce Vento and Gateway Trails; and WHEREAS, the City of Maplewood accepts responsibility for an amount equal to or greater than 20 percent of the eligible project construction cost, together with the cost for design, administration, right-of-way, and peripheral project costs; and WHEREAS, the City of Maplewood is committed to the operation and maintenance of local trails and sidewalks under the City’s jurisdiction for the design life of these improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The Council adopts this Resolution in support of the request for Federal STP funds for the Gladstone Area Sidewalk and Trail Improvements, City Project 04-21. 2. That a copy of this Resolution be provided to the Metropolitan Council Transportation Advisory Board and Technical Advisory Commission as part of the Gladstone Area Sidewalk and Trail Improvements STP funding application. Approved this 8th day of August 2011 Agenda Item G11 Attachment 1 Packet Page Number 128 of 202 RESOLUTION SUPPORTING FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDING APPLICATION SUBMITTAL FOR THE TRUNK HIGHWAY (TH) 36 AND ENGLISH STREET INTERCHANGE AREA TRAIL AND SIDEWALK IMPROVEMENTS WHEREAS, the City Council of the City of Maplewood is the official governing body; and WHEREAS, the City of Maplewood is planning to construct a bituminous trail and concrete sidewalk system in the TH 36 and English Street Interchange area; and WHEREAS, the project is consistent with the City of Maplewood’s Comprehensive Sidewalk and Trail Master Plan; and WHEREAS, the proposed sidewalk and trail improvements provide pedestrian connectivity within the interchange area and to the existing Bruce Vento Trail; and WHEREAS, the City of Maplewood accepts responsibility for an amount equal to or greater than 20 percent of the eligible project construction cost, together with the cost for design, administration, right-of-way, and peripheral project costs; and WHEREAS, the City of Maplewood is committed to the operation and maintenance of local trails and sidewalks under the City’s jurisdiction for the design life of these improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The Council adopts this Resolution in support of the request for Federal STP funds for the TH 36 and English Street Interchange Area Trail and Sidewalk Improvements, City Project 09-08. 2. That a copy of this Resolution be provided to the Metropolitan Council Transportation Advisory Board and Technical Advisory Commission as part of the Bruce Vento Trail Improvements STP funding application. Approved this 8th day of August 2011 Agenda Item G11 Attachment 2 Packet Page Number 129 of 202 RESOLUTION SUPPORTING MNDOT MUNICIPAL AGREEMENT APPLICATION SUBMITTAL FOR THE TRUNK HIGHWAY (TH) 36 AND ENGLISH STREET INTERCHANGE IMPROVEMENTS WHEREAS, the City Council of the City of Maplewood is the official governing body; and WHEREAS, the City of Maplewood is planning for improvements to the TH 36 and English Street Interchange which include the closure of the TH 36 accesses at Hazelwood Street; and WHEREAS, the City of Maplewood is requesting financial participation for the TH 36 access closures at Hazelwood Street and associated improvements from the Minnesota Department of Transportation through the Municipal Agreement program; and WHEREAS, the City of Maplewood would be responsible for paying a portion of project costs, including any costs ineligible for funding through this program; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City of Maplewood is hereby authorized to apply for Municipal Agreement Funding for City Project 09-08 – TH 36 and English Street Interchange Improvements. 2. The City of Maplewood is committed to complete this project if Municipal Agreement Funding is provided. Approved this 8th day of August 2011 Agenda Item G11 Attachment 3 Packet Page Number 130 of 202 RESOLUTION SUPPORTING MNDOT MUNICIPAL AGREEMENT APPLICATION SUBMITTAL FOR THE COUNTY ROAD D COURT IMPROVEMENTS WHEREAS, the City Council of the City of Maplewood is the official governing body; and WHEREAS, the City of Maplewood is planning for improvements to County Road D Court east of Trunk Highway (TH) 61 which include the closure of the County Road D Court access to TH 61; and WHEREAS, the City of Maplewood is requesting financial participation for the TH 61 access closure at County Road D Court and associated improvements from the Minnesota Department of Transportation through the Municipal Agreement program; and WHEREAS, the City of Maplewood would be responsible for paying a portion of project costs, including any costs ineligible for funding through this program; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City of Maplewood is hereby authorized to apply for Municipal Agreement Funding for City Project 10-20 – County Road D Court Improvements. 2. The City of Maplewood is committed to complete this project if Municipal Agreement Funding is provided. Approved this 8th day of August 2011 Agenda Item G11 Attachment 4 Packet Page Number 131 of 202 GLADSTONE AREA SIDEWALKAND TRAIL IMPROVEMENTSFIGURE 2Agenda Item G11 Attachment 5Packet Page Number 132 of 202 KNUCKLEHEAD LAKEKELLER LAKEVIKING DRIVECOPE AVENUETH 36COUNTY ROAD BTH 61 GERVAIS AVENUEENGLISH STREET BRUCE VEN T O T R A I L BARCLAY STREET VIKING DRIVEHAZELWOOD STREET GERMAIN STREET GERVAIS AVENUEHAZELWOOD STREET COPE AVENUECOUNTY ROAD BSIDEWALK AND TRAIL IMPROVEMENTS TH 36 AND ENGLISH STREET IMPROVEMENTSFIGURE 2Agenda Item G11 Attachment 6Packet Page Number 133 of 202 HAZELWOOD STREET CLOSUREMUNICIPAL AGREEMENT APPLICATIONTH36 AND ENGLISH STREET IMPROVEMENTSNORTHAgenda Item G11 Attachment 7Packet Page Number 134 of 202 CITY OFVADNAIS HEIGHTSXCEL ENERGY SUBSTATIONVACANT PROPERTYCOUNTY ROAD D COURTBRUCE VENTO TRAIL CORRIDORCITY OFMAPLEWOODCOUNTY ROAD DHAZELWOODSTREETMAPLEWOOD DRIVE(HWY 61)I-694VADNAIS HEIGHTS/ MAPLEWOODMUNICIPAL BOUNDARYKLINEVOLVOKLINENISSANLEMKEDENTALLABORATORYB618 CURBAND GUTTER24" RIBBONCURBB618 CURBAND GUTTERMNDOTRIGHT OF WAYREMOVE EXISTINGCOUNTY ROAD DACESS TO HWY 61REMOVE ABANDONEDBRIDGE STRUCTUREPROPOSED ROADWAY IMPROVEMENTSCOUNTY ROAD D COURT IMPROVEMENTSMAPLEWOOD CITY PROJECT NO. 10-20VADNAIS HEIGHTS CITY PROJECT NO. 2010-20EXHIBIT 3Agenda Item G11 Attachment 8Packet Page Number 135 of 202 AGENDA REPORT TO: James Antonen, City Manager FROM: Steven Love, Assistant City Engineer Steve Kummer, Staff Engineer SUBJECT: Approval of Snake Creek Stabilization (Sterling Street Crossing), City Project 10-13, Resolution Approving Payment, Acceptance of Project and Closure of Project Fund DATE: July 27, 2011 INTRODUCTION The Ramsey-Washington Metro Watershed District’s (RWMWD) designated contractor has completed the improvements to the Sterling Street culvert crossing at Snake Creek. The City Council will consider approving the attached resolution accepting the project and authorizing payment to RWMWD for design, inspection, management, and construction of the improvements. The Council will also consider closing the project fund. BACKGROUND Snake Creek is a tributary to the Mississippi River and is located at the very southern end of Maplewood. Sterling Street crosses Snake Creek at the property of 1615 Sterling Street. The City of Maplewood partnered with Ramsey-Washington Metropolitan Watershed District (RWMWD) to study Snake Creek and to provide improvements to recurring washout and erosion problems of the Sterling Street roadway at the culvert crossing. On March 28, 2011 the City Council approved a Memorandum of Understanding with RWMWD to move forward with the culvert crossing improvements and erosion repairs. The RWMWD was responsible for the design, inspection, administration, and construction of the improvements. The City was responsible to fund the improvements up to $66,000 as well as take over the future maintenance of the improved drainage system. DISCUSSION The improvements are now complete. The installation includes several drop structures for energy dissipation, a new culvert, and repairs to severe erosion problems in the immediate area. BUDGET On March 28, 2011, the City Council allocated funds from the Environmental Utility Fund (EUF) to this project (Fund 514) in the amount of $66,000. The current expenses incurred total $65,658.00. Once all financial transactions have been completed staff recommends closure of Fund 514. RECOMMENDATION It is recommended that the city council approve the attached resolution Approving Payment, Acceptance of Project and Authorization of Fund Closure for the Snake Creek Stabilization Project, City Project 10-13. Attachments: 1. Resolution 2. Location Map 3. RWMWD Invoice 4. Memorandum of Understanding: For the Reconstruction of the Snake Creek Crossing at Sterling Street Agenda Item G12 Packet Page Number 136 of 202 RESOLUTION APPROVING PAYMENT, ACCEPTANCE OF PROJECT AND AUTHORIZING CLOSURE OF PROJECT FUND FOR SNAKE CREEK STABILIZATION (STERLING STREET CROSSING), CITY PROJECT 10-13 WHEREAS, the City Council of Maplewood, Minnesota has heretofore authorized the Finance Director to allocate $66,000 from the Environmental Utility Fund for construction costs associated with the Snake Creek Stabilization project, and WHEREAS, the Maplewood City Council and the Board of Managers of the Ramsey- Washington Metro Watershed District have ratified and executed a Memorandum of Understanding detailing the responsibilities of the parties involved, and WHEREAS, the City Engineer has determined that the improvements associated with the Snake Creek Stabilization project, City Project 10-13, are complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. City Project 10-13 is complete; maintenance of these improvements is accepted by the City; and the final construction cost is $65,658.00. Payment to the Ramsey-Washington Metro Watershed District is hereby authorized. 2. Once all financial transactions have been completed the Finance Director is hereby authorized to close Fund 514. Adopted by the council, on this 8th day of August, 2011 Agenda Item G12 Attachment 1 Packet Page Number 137 of 202 Agenda Item G12 Attachment 2 Packet Page Number 138 of 202 Agenda Item G12 Attachment 3 Packet Page Number 139 of 202 Agenda Item G12 Attachment 3 Packet Page Number 140 of 202 Agenda Item G12 Attachment 3 Packet Page Number 141 of 202 Agenda Item G12 Attachment 4 Packet Page Number 142 of 202 Agenda Item G12 Attachment 4 Packet Page Number 143 of 202 Agenda Item G12 Attachment 4 Packet Page Number 144 of 202 Agenda Item – I1 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Parks and Recreation Director SUBJ: Consider Approval to Enter into a Contract with The Conservation Fund for Purchase of Fish Creek Property DATE: July 29, 2011 INTRODUCTION Staff has been working with The Conservation Fund, utilizing their technical expertise and guidance in this area, to assist the city in acquiring this property. The Conservation Fund is currently under contract with the seller and will close on the property on October 11, 2011. When the 70 acre parcel is acquired, approximately 50 of the 70 acres will be preserved i n per petuity and use d w ith t he understanding that t his ar ea i s an irreplaceable example of green space worthy of permanent protection. The remaining 20 acres, which occupies the northernmost area of the Fish Creek property, will not be preserved and the city’s intent is to sell that portion. Staff will continue to explore partnership opportunities with developers for the remaining 20 acr es. The proceeds, if and when this parcels sells, will be applied directly to help offset acquisition costs of the project. Upon ratification of the contract, The Conservation Fund will acquire the entire property on the City’s behalf and the City has 24 months from such date to purchase the property from The Conservation Fund. The contract between The Conservation Fund and the City allows the C ity t o beg in habi tat r estoration w ork and pr ovide publ ic access to the property. Attached is the proposed contract for council’s review and discussion. BACKGROUND In M ay 2009, Maplewood C ity C ouncil est ablished t he Fi sh C reek N atural A rea Greenway A d-Hoc Commission. This commission w as established to dev elop recommendations and priorities for protecting natural lands in the Fish Creek Natural Area Greenway, and t o identify issues and opportunities for passive recreation in the greenway. In January 2010, the City Council adopted the report titled “Recommendations and Opportunities for Fish Creek Natural Area Greenway” from this ad-hoc commission. The 50 ac res that w ill be pr eserved v ia t he Jo int P owers Agreement i n t he Fi sh Creek Corridor ar e i dentified as very hi gh pr iority par cels for acquisition. R amsey C ounty and t he R amsey Washington M etro Watershed D istrict agreed and this commitment to permanently protect these acres resulted in the creation of a Joint Powers Agreement between these two parties and the City of Maplewood with funding commitments from all parties. Packet Page Number 145 of 202 2 THE CONSERVATION FUND Nearly 25 years ago, The C onservation Fund was founded by a sm all group of savvy conservationists to save America’s magnificent land legacy – the places where we live, work and pl ay. S ince then, with creativity and di scipline, The Conservation Fund has protected near ly 7 million acr es of w orking forests, farms, and w ildlife habi tat and recreation lands. The Conservation Fund assists communities plan for growth, supports sustainable small business and develops the next generation of conservation leaders. The mission of The Conservation Fund is as follows: “The Conservation Fund forges partnerships to conserve America’s legacy of land and water resources. Through land acquisition, community and economic development and training and education, the Fund and its partners demonstrate balanced conservation solutions that emphasize the integration of economic and environmental goals.” - The Conservation Fund – 2010 Year in Review Mr. Clint Miller, Upper Midwest Field Representative for The Conservation Fund , will be present at the August 8, 2011 council meeting to address council and respond to questions that may arise during the discussion. In Minnesota, The Conservation Fund has completed 44 pr ojects and protected more than 250,000 acres of land. The total value of these projects exceeds $77 million, but were acquired at a cost of $34 million. The Conservation Fund works with local, state, and federal agencies as well as other non -profits in partnership to preserve important projects. DISCUSSION Staff has prepared the following table titled Fish Creek Cash Flow Summary Estimates for council’s review and discussion Fish Creek Cash Flow Summary Estimates July 2011 Expenses: Land $1,900,000 Taxes Open Issue Appraisal, environmental work $6k – paid out of the 2011 Parks operating budget Interest @ 5.0% $116k Packet Page Number 146 of 202 3 Conservation Fund Admin Fee $60k Legal/Closing costs etc. $10k Miscellaneous $10k Total projected costs $2,120,000 (approximately) Income: RWMWD – Joint Powers Agreement (JPA) $175,000 Ramsey County JPA – (2011) $175,000 Ramsey County JPA – (2012) $125,000 Ramsey County JPA – (2013) $125,000 City of Maplewood JPA – (2011) $175,000 City of Maplewood JPA – (2012) $125,000 City of Maplewood JPA – (2013) $125,000 3M Foundation – (2011) $100,000 Total Income to Date $1,125,000 Summary: Total Projected Costs $2,100,000 Total Income to Date $1,125,000 Unmet Needs $975,000 Packet Page Number 147 of 202 4 Fish Creek Acquisition Details: • The Conservation Fund is under contract to acquire the property at a purchase price of $1,900,000. Closing is October 11, 2011; • The Conservation Fund agrees to “hold” the property for a period of 24 months following the closing. During the “hold”, the City will lease (at no cost) the property to begin habitat restoration and provide public access as deems appropriate; • City ag rees t o pa y The C onservation Fund $60,000 f or administrative fees. The Conservation Fund has been and w ill continue to assist the City i n se curing addi tional pr ivate and publ ic funds for the acquisition project; • City agrees to interest carrying costs on purchase price of five percent (5%) simple interest per year. City can reduce this cost by “paying down” as funds become available; • City agrees to pay The Conservation Fund all outstanding balances due on or before October 2013, or upon mutual agreement, extend the time frame should all funds not be available. Staff has included t he Real E state C ontract b etween T he C onservation Fund and Lakeland Construction Finance, LLC for purchase of said property in the attachments for councils review. In addition, you will also find the Title Insurance Commitment, issued by Stewart T itle G uaranty C ompany in your pac ket for y our r eview. Staff ( the C ity Attorney), is working with The Conservation Fund to clear up the title exceptions prior to the sale. An unresolved issue at this time is the real estate taxes (see the ‘open’ designation above). Currently, the property is taxable and Lakeland has an active petition before the County Assessor regarding valuation since the property went into foreclosure and value is clearly an issue. There is currently no factual support for the property to go “exempt” since it is neither owned by a non-profit nor a governmental entity. The date for filing that for future year’s exemption is (was) July 1 st, for payable 2013. The City Attorney and The Conservation Fund will work with Ramsey County to resolve the tax issue. One solution is that once owned by the Fund, a PD75 can be filed to get the land off the tax roll. Fish Creek Funding Update: Total Project Costs - $2,100,000 Funding Committed to Date - $1,125,000 Unmet Needs - $975,000 Packet Page Number 148 of 202 5 Fundraising Goal - $975,000 Timeframe – October 2013 • Staff has submitted a D NR S cenic and N atural A reas Grant Request f or $425,000. Ther e were a total of f our applicants vying for $ 1,000,000. A f inal decision by t he D NR h as not been appr oved, but ear ly i ndications are v ery positive and it looks as though this project will receive an amount very close to that requested. • Staff will be submitting a bonding request in the amount of $500,000 next year. • Staff has received $100, 000 from t he 3M Foundat ion. I n addi tion, 3 M has encouraged the City to reapply when we secure $1,600,000 in funding for this project – likely request $100,000 - $150,000. • This project is not eligible for Lessard-Sams Outdoor Heritage Council Legacy Funds because public hunting is not allowed on the site. However, the City is eligible to submit a grant application to the Legislative-Citizen Commission on Minnesota Resources (LCCMR). The next funding cycle begins in early 2012. Staff will be working directly with the Metro Conservation Corridors Partnership Group. This corridor partnership will typically obtain funding for a suite of acquisition projects. The Friends of the Mississippi (FMR) has indicated that they will bring this project to the Metro Conservation Corridor Partnership on behalf of the City of Maplewood to discuss inclusion in the 2012 Request for Proposals. • Staff has been working directly with the National Park Service and representatives from Congresswoman Betty McCollum’s office to secure funding for th is project. A t this point, no additional federal f unds for t his project are available. However, staff will continue to diligently pursue and discuss potential funding sources with these future partners. • Staff continues to work directly with Representatives Nora Slawik and Leon Lillie as well as Senator Wiger to identify possible state funding sources for this project. • Staff is currently working with Great River Greening to pursue long-term restoration of the Fish Creek Site. Fish Creek is included in a restoration grant (Legacy Funds) that was submitted to the state in July 2011 for work beginning in July 2012. • Staff is working with The Conservation Fund on a fundraising plan that will incorporate charitable foundations, business, and private individual requests for support. Staff has reached out to more than 30 foundations and narrowed this list down to a dozen that we will be submitting formal grant requests to over the course of the next 12 months. Packet Page Number 149 of 202 6 • Staff and our partners, with assistance from The Conservation Fund will begin a campaign t his fall and next sp ring t argeted at individual co ntributions for t his project. • The $425,000 that the city is responsible for will come directly from monies in the Park Acquisition Fund (PAC). SUMMARY The Conservation Fund is prepared to acquire the 70 acre Fish Creek property in October 2011 . The p roperty w ill be av ailable i mmediately t o t he C ity f or habi tat restoration and appropriate public access. Between secured funding ($1,125,000) and likely funding ($575,000) nearly 80% of the monies necessary to complete this project are identified. Staff is confident that with the assistance of The Conservation Fund and our other partners we can find the additional funds to complete this project by October 2013. The Conservation Fund considers the partnership with the City a priority and will work with us on extending this time frame should it become necessary. The proposed contract with The Conservation Fund requires the City to take possession of this property in October of 2013. The question directly in front of the City Council is “Is the City Council willing to commit to cover the difference between the acquisition costs, approximately $2, 100,000, m inus the am ount st aff has currently raised which is $1,125,000”. In other words, if staff working with our many partners, is unsuccessful in raising (worst case scenario) any additional capital – the City of Maplewood would be responsible f or t he r emaining balance of $975,000 due in O ctober 2013. Again, t his scenario does not include likely funding in the amount of $575,000 which would bring the fundraising total to approximately $1,700,000. RECOMMENDATION As previously st ated, s taff is looking for ratification of the contract between The Conservation Fund and City. ATTACHMENTS: 1. Proposed Contract between The Conservation Fund and The City of Maplewood 2. Title Insurance Commitment – Stewart Title Guaranty Company 3. Fish Creek Natural Area Greenway Factsheet 4. Real Estate C ontract b etween T he C onservation Fund and Lak eland C onstruction Finance, LLC. 5. Fish Creek Location Map Packet Page Number 150 of 202 Packet Page Number 151 of 202 Packet Page Number 152 of 202 Packet Page Number 153 of 202 Packet Page Number 154 of 202 Packet Page Number 155 of 202 Packet Page Number 156 of 202 Packet Page Number 157 of 202 Packet Page Number 158 of 202 Packet Page Number 159 of 202 Packet Page Number 160 of 202 Packet Page Number 161 of 202 Packet Page Number 162 of 202 Packet Page Number 163 of 202 Packet Page Number 164 of 202 Packet Page Number 165 of 202 Packet Page Number 166 of 202 Packet Page Number 167 of 202 Packet Page Number 168 of 202 INFORMATION The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Page 1 Packet Page Number 169 of 202 TITLE INSURANCE COMMITMENT Issued by AGREEMENT TO ISSUE POLICY We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authorized Countersignature Stewart Title of Minnesota, Inc. Company Bloomington, Minnesota City, State ALTA Plain Language Commitment (6/17/06) 245 ALTA Plain Language Commitment (6/17/06) Packet Page Number 170 of 202 CONDITIONS 1. DEFINITIONS (a) “Mortgage” means mortgage, deed of trust or other security instrument. (b) “Public Records” means title records that give constructive notice of matters affecting your title according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B – Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attach between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B – Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B – Section I or Eliminate with our written consent any Exceptions shown in Schedule B – Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. Page 2 Packet Page Number 171 of 202 ESTABLISHED 1893 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY AS BEING SYNONYMOUS WITH QUALITY P.O. Box 2029 Houston, Texas 77252 TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-I – REQUIREMENTS SCHEDULE B-II – EXCEPTIONS CONDITIONS 2Packet Page Number 172 of 202 ALTA Commitment Schedule A SCHEDULE A STEWART TITLE GUARANTY COMPANY Commitment Page 5 of 12 Order Number: 149698 1. Effective Date: April 10, 2011 at 7:00 A.M. 2. Policy or Policies to be issued:Amount of Insurance (a) ALTA Owner’s 2006 $1,900,000.00 Proposed Insured: The Conservation Fund (b) ALTA Loan 2006 Proposed Insured: NONE 3.The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple and is at the effective date hereof vested in: Lakeland Construction Finance, LLC 4. The land referred to in this Commitment is located in the County of Ramsey, State of Minnesota, and described as follows: PARCEL A: The West One-half of the Northeast Quarter of the Southwest Quarter of Section 24, Township 28, Range 22, lying Westerly of the Westerly right-of-way line of State Trunk Highway 494, Ramsey County, Minnesota; EXCEPT the North 150 feet of the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Township 28, Range 22, lying Westerly of the Westerly right-of-way line of State Trunk Highway 494; AND ALSO EXCEPT that part of the Northeast Quarter of the Southwest Quarter24, Township 28, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the intersection point of the North line of the Southwest Quarter; Section 24 and the Westerly Right-of-Way line of T.H. #393; thence Southwesterly along the Westerly Right-of-Way line of T.H. #393, a distance of 223.75 feet to the actual point of beginning of the tract to be described; thence continuing Southwesterly along Westerly Right-of-Way line of T.H. #393 a distance of 200 feet, to an angle point in said Right-of-Way line; thence deflecting Southwesterly 59 degrees 14 minutes, to the right, continuing along the Right-of-Way line of said T.H. #393, a distance of 195.51 feet, to another angle point in the said Right-of-Way line; thence Northeasterly, along a line drawn parallel to and 168 feet Northwesterly of said Westerly Right-of-Way line, as measured at right angles, a distance of 246.49 feet, more or less, to its intersection with a line drawn parallel to Packet Page Number 173 of 202 ALTA Commitment Schedule A SCHEDULE A STEWART TITLE GUARANTY COMPANY Commitment Page 6 of 12 the North line of said Southwest Quarter, Section 24 and Westerly from the actual point of beginning; thence East along said parallel line, a distance of 176.32 feet, more or less, to the actual point of beginning. AND the West 974.9 feet of the Southeast Quarter of the Northwest Quarter of Section 24, Township 28, Range 22, except the North 500 feet thereof, all lying Westerly of the Westerly Right-of-Way line of State Trunk Highway 494, Ramsey County, Minnesota. AND the Northeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 24, Township 28, Range 22, Ramsey County, Minnesota; except that part taken by County of Ramsey in Final Certificate filed as Document No.’s 2254933 and 2256730. PARCEL B: That part of the Northeast Quarter of the Southwest Quarter, Section 24, Township 28, Range 22, Ramsey County, Minnesota described as follows: Commencing at the intersection point of the North line of the Southwest Quarter, Section 24 and the Westerly Right-of-Way line of Trunk Highway #393; thence Southwesterly along the Westerly Right-of-Way line of Trunk Highway #393, a distance of 223.75 feet to the actual point of beginning of the tract to be herein described; thence continuing Southwesterly along said Westerly Right-of- Way line of Trunk Highway #393, a distance of 200 feet, to an angle point in said Right-of-Way line; thence deflecting Southwesterly 59 degrees 14 minutes to the right, continuing along the Right-of- Way line of said Trunk Highway #393, a distance of 195.51 feet, to another angle point in the said Right-of-Way line; thence Northeasterly, along a line drawn parallel to and 168 feet Northwesterly of said Westerly Right-of-Way line, a measured as right angles, a distance of 246.49 feet, more or less, to its intersection with a line drawn parallel to the North line of said Southwest Quarter, Section 24 and Westerly from the actual point of beginning; thence East along said parallel line, a distance of 176.32 feet, more or less, to the actual point of beginning. PARCEL C: The Northwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 24, Township 28, Range 22, Ramsey County, Minnesota. PARCEL D: That part of the Southeast Quarter of the Northwest Quarter of Section 24, Township 28, Range 22, described as follows: Beginning at a point on the North line of the Southwest Quarter of the Northwest Quarter of Section 24, Township 28, Range 22, a distance of 325.3 feet West of the Northeast corner thereof; thence West along said North line a distance of 975.93 feet to the Northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 24; thence Southerly, along the West line of said Quarter- Quarter section line, a distance of 500 feet; thence East, and parallel with the North line, a distance of 974.93 feet; thence Northerly 500 feet to the point of beginning; except the East 150 feet of the North 290.4 feet and except the West 110 feet of the North 396 feet, Ramsey County, Minnesota. Packet Page Number 174 of 202 ALTA Commitment Schedule A SCHEDULE A STEWART TITLE GUARANTY COMPANY Commitment Page 7 of 12 PARCEL E: That certain real property situate in the County of Ramsey, Minnesota, described as follows: The Southeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 24, Township 28, Range 22, Ramsey County, Minnesota, together with an easement over that part of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter of said Section 24 and the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of said Section 24; begin 33.00 feet either side of the following described centerline: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 24; thence South 89 degrees 58 minutes 49 seconds West (assumed bearing) along the North line thereof a distance of 33.00 feet to the point of beginning of said centerline; thence Northeasterly on a non-tangential curve concave to the Southeast having a chord bearing of North 33 degrees 43 minutes 49 seconds East with a radius of 120.00 feet, center angle of 67 degrees, 28 minutes 00 seconds, a distance of 141.37 feet; thence North 67 degrees, 28 minutes 49 seconds East, tangent to last described curve a distance of 217.69 feet, more or less, to the Right-of-Way of Inter-State Highway No. 494 and there terminating. PARCEL F: The Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 24, Township 28, Range 22, according to the government survey thereof, Ramsey County, Minnesota. Abstract Packet Page Number 175 of 202 ALTA Commitment Schedule B Section I SCHEDULE B – Section I Requirements STEWART TITLE GUARANTY COMPANY Commitment Page 8 of 12 Order Number: 149698 THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION, REPORT, OR REPRESENTATION OF FACT OR TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH THREE (3) OF THE CONDITIONS. The following are the requirements to be complied with: 1. A properly executed and recordable deed from Lakeland Construction Finance, LLC to The Conservation Fund, a Maryland non-profit corporation. 2. Affidavit Regarding Seller(s) executed by Lakeland Construction Finance, LLC. 3. Affidavit Regarding Purchaser(s) executed by The Conservation Fund, a Maryland non-profit corporation. 4. The company requires the following to be satisfied, subordinated or partially released: Collateral, Assignment of Sheriff’s Certificate, Mortgage, Security Agreement and Fixture Financing Statement in the original principal amount of $10,112,452.63, dated 3-4-2009, filed 3-23-2009, as Document No. 4146806, between Lakeland Construction Finance, LLC, a Minnesota corporation, mortgagor, and Bank of Scotland PLC (f/k/a Bank of Scotland), acting through its New York Branch, a public limited company registered in Scotland, United Kingdom, as administrative agent for the ratable benefit of the Lenders, mortgagee. 5. The company requires the following to be satisfied, subordinated or partially released: Collateral Assignment of Sheriff’s Certificate, Mortgage, Security Agreement and Fixture Financing Statement in the original principal amount of $10,112,452.63, dated 3-4-2009, filed 3-23-2009, as Document No. 4146807, between Lakeland Construction Finance, LLC, a Minnesota corporation, mortgagor, and BOS (USA) Inc., as administrative agent for the ratable benefit of the Lenders, mortgagee. 6. The company requires the following to be satisfied, subordinated or partially released: Mortgage in the original principal amount of $1,550,000.00, dated 9-15-2004, filed 9-16-2004, as Document No. 3792276, between CoPar Development, LLC, a Wisconsin corporation, mortgagor, and Lakeland Construction Finance, LLC, a Minnesota limited liability company, mortgagee. (As to Parcel F) 7. The company requires the following to be satisfied, subordinated or partially released: Mortgage in the original principal amount of $1,025,000.00, dated 8-20-2004, filed 8-27-2004, as Packet Page Number 176 of 202 ALTA Commitment Schedule B Section I SCHEDULE B – Section I Requirements STEWART TITLE GUARANTY COMPANY Commitment Page 9 of 12 Document No. 3787082, between CoPar Development, LLC, a Minnesota limited liability company, mortgagor, and Lakeland Construction Finance, LLC, a Minnesota limited liability company, mortgagee. (As to Parcel E) 8. The company requires the following to be satisfied, subordinated or partially released: Mortgage in the original principal amount of $650,000.00, dated 7-27-2005, filed 8-15-2005, as Document No. 3880188, between CoPar Development, LLC, a Minnesota limited liability company, mortgagor, and Lakeland Construction Finance, LLC, a Minnesota limited liability company, mortgagee. (As to Parcel D) 9. The company requires the following to be satisfied, subordinated or partially released: Mortgage in the original principal amount of $4,750,000.00, dated 5-5-2005, filed 5-12-2005, as Document No. 3855048, between CoPar Development, LLC, a Minnesota limited liability company, mortgagor, and Lakeland Construction Finance, LLC, a Minnesota limited liability company, mortgagee. (As to Parcels A, B and C) 10. The company requires the following to be satisfied, subordinated or partially released: Mortgage in the original principal amount of $700,000.00, dated 11-2-2004, filed 12-1-2004, as Document No. 3812239, between Gary G. Schlomka, a single individual, mortgagor, and Lakeland Construction Finance, LLC, a Minnesota limited liability company, mortgagee. (As to Parcels A, B and C) Packet Page Number 177 of 202 ALTA Commitment Schedule B Section II SCHEDULE B – Section II Exceptions STEWART TITLE GUARANTY COMPANY Commitment Page 10 of 12 Order Number: 149698 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Rights or claims of tenants, as tenants only, in possession under unrecorded leases. 7. Taxes for the year 2011 in the amount of $36,114.00. They are half paid. Base Tax amount $36,114.00. PIN: 24-28-22-31-0017. Non-Homestead There are no delinquent taxes of record. Taxes for the year 2011 in the amount of $1,610.00. They are half paid. Base Tax amount $1,610.00. PIN: 24-28-22-31-0002. Non-Homestead There are no delinquent taxes of record. Taxes for the year 2011 in the amount of $10,834.00. They are half paid. Base Tax amount $10,834.00. PIN: 24-28-22-32-0001. Non-Homestead There are no delinquent taxes of record. Taxes for the year 2011 in the amount of $7,758.00. They are half paid. Base Tax amount $7,758.00. PIN: 24-28-22-24-0010. Non-Homestead There are no delinquent taxes of record. Packet Page Number 178 of 202 ALTA Commitment Schedule B Section II SCHEDULE B – Section II Exceptions STEWART TITLE GUARANTY COMPANY Commitment Page 11 of 12 Taxes for the year 2011 in the amount of $10,834.00. They are half paid. Base Tax amount $10,834.00. PIN: 24-28-22-32-0003. Non-Homestead There are no delinquent taxes of record. Taxes for the year 2011 in the amount of $9,714.00. They are half paid. Base Tax amount $9,714.00. PIN: 24-28-22-32-0002. Non-Homestead There are no delinquent taxes of record. 8. There are no levied or pending special assessments. 9. Subject to the rights of Carver Avenue; Henry Lane Right of Way as laid out and traveled. 10. Terms and conditions of Easement for roadway and utility purposes as set forth in documents filed 10-30-1979, as Document No. 2060364 and Document No. 2060365. 11. Terms and conditions of Easement in favor of Great Lakes Pipe Line Company, a Delaware corporation dated 3-21-1931, filed 5-15-1931, in Book 892 Deeds, page 350, as Document No. 817152. Assigned to Williams Brothers Pipe Line Company, a Delaware corporation, by Minnesota Special Warranty Deed, dated 3-15-1966, filed 4-5-1966, as Document No. 1672978. (Note: Easement appears to be unconfined) 12. Terms and conditions of controlled access as set forth in Final Certificate dated 5-7-1962, filed 6-21- 1962, in Book 1795, page 365, as Document No. 1565350. Also shown in Quit Claim Deed dated 9-14-1972, filed 12-1-1972, as Document No. 1843272, and as shown on Minnesota Department of Transportation Right-of-Way Plat No. 62-19, dated 7-30-2002, filed 8-6-2002, as Document No. 3523549. 13. Terms and conditions of Easement for storm sewer and drainage purposes in favor of Ramsey Washington Metro Watershed District as set forth in Surface Water Drainage Easement dated 6-20-1989, filed 7-7-1989, as Document No. 2499330 and 2499331. 14. Rights of the State of Minnesota as set forth in Final Certificate dated 5-7-1962, filed 6-21-1962, as Document No. 1565350. 15. Terms and conditions of Easement for roadway purposes dated 10-4-1947, filed 10-6-1947, in Book 1261 of Deeds, page 28, as Document No. 1160446. Packet Page Number 179 of 202 ALTA Commitment Schedule B Section II SCHEDULE B – Section II Exceptions STEWART TITLE GUARANTY COMPANY Commitment Page 12 of 12 16. Terms and conditions of Right of Way Agreement dated 11-19-1959, filed 12-21-1959, as Document No. 15010190. (Note: easement appears to be partially defined) 17. Terms and conditions of Memorandum of Option Agreement dated 3-1-2005, filed 3-31-2005, as Document No. 3844715, between CoPar Development, LLC, a Minnesota limited liability company, and The Rottlund Company, Inc., a Minnesota corporation. (As to Parcel E) 18. Terms and conditions of Memorandum of Option Agreement dated 3-1-2005, filed 3-31-2005, as Document No. 3844716, between CoPar Development, LLC, a Minnesota limited liability company, and The Rottlund Company, Inc., a Minnesota corporation. (As to Parcel F) 19. Terms and conditions of Developer’s Agreement dated 9-17-2008, filed 10-16-2008, as Document No. 4122071. 20. Subject to the following matters as disclosed on the survey prepared by McCombs Frank Roos Associates, Inc., dated 5-6-2005: a) Fence and buildings (As to Parcel D) Note: Stewart Title is not in possession of the above mentioned survey. This exception was carried forward from a prior policy. 21. Intentionally moved to Schedule B-1. 22. Intentionally moved to Schedule B-1. 23. Intentionally moved to Schedule B-1. 24. Intentionally moved to Schedule B-1. 25. Intentionally moved to Schedule B-1. Note: Revised 5-27-2011:Schedule B-2, Item 21-25 moved to Schedule B-1 Packet Page Number 180 of 202 3/23/11 Protecting Fish Creek Natural Area Greenway The Fish Creek Natural Area Greenway stretches from the Mississippi River in St. Paul, through Maplewood, to Carver Park in Woodbury. The heart of the greenway is Fish Creek and Ramsey County’s 142-acre Fish Creek Open Space. In 2010, project partners adopted a vision for the greenway and plans for protection, stewardship, and access to nature. Now is the time! A top priority parcel is for sale and The Conservation Fund has secured an option to buy it. Surrounded on three sides by county open space, this site is a key link in the greenway. Once pasture land, today this land is open rolling hills with wide views, prairie remnants, oak and aspen woodlands, and a pine plantation. The southwest corner of the site is Mississippi River bluff land with a dramatic vista across the river valley. Part of the Mississippi River flyway, the site is frequented by raptors, songbirds, and wildlife species such as fox, coyote, deer, and opossum. Views of Fish Creek from Ramsey County Open Space. Prairie remnant and aspen grove on the site. Contact: DuWayne Konewko, Director Parks and Recreation, City of Maplewood, 651-249-2330 duwayne.konewko@ci.maplewood.mn.us Help Preserve This Link In The Greenway Preserving this site will protect: Wildlife habitat including woodlands and grasslands. Fish Creek and its upland buffer. Mississippi River bluff lands. Scenic views. Preserving this site will create opportunities for hiking and nature exploration by providing: Public access to the bluff top and its incredible views over the Mississippi River Valley. Future hiking trail winding through the rolling hills. Access point needed to create the Fish Creek Hiking Trail, a 1-1/2 mile trail from Point Douglas Road in St. Paul to Carver Lake Park in Woodbury. Significantly improved access to existing county lands. Connections to local and regional bike trails, including the Mississippi River Trail. This site lies within the Mississippi National River and Recreation Area, The Mississippi River Corridor Critical Area, and the Metro Conservation Corridor. Project: Acquire 70 acres adjacent to Fish Creek Open Space Intended Use: Protect natural resources and provide public access for hiking and enjoyment of nature Location: Maplewood, MN, Ramsey County Partners: City of Maplewood, Ramsey County, Ramsey- Washington Metro Watershed District, The Conservation Fund Project Cost: $2,100,000 Unmet Need: $975,000 Packet Page Number 181 of 202 CONTRACT FOR SALE OF REAL ESTATE THIS CONTRACT FOR SALE OF REAL ESTATE (this "Agreement") is entered into this ___ day of___________, 2011 by and between THE CONSERVATION FUND, A Non- Profit Corporation, organized and existing under the laws of the State of Maryland with a business address at 1655 North Fort Myer Drive, Suite 1300, Arlington, Virginia 22209 (“TCF”), and CITY OF MAPLEWOOD with a business address at 1830 County Road B East, Maplewood, MN, 55109 (“MAPLEWOOD”). RECITALS: A. TCF and Lakeland Construction Finance, LLC (“LAKELAND”) have entered into that certain Contract for Sale of Real Estate having an effective date of May 10, 2011, a copy of which is attached as Schedule A (the “Acquisition Contract”) to acquire the fee simple interest in and to land containing approximately 69.6+/- acres in the aggregate as well as certain improvements situated thereon and located in the County of Ramsey, State of Minnesota and more particularly described in that certain Commitment for Title Insurance issued by Stewart Title Guaranty Company (the “Title Company”) Commitment No. 149698, bearing an effective date of April 10, 2011, a copy of which is attached as Schedule B, all as more particularly described in the Acquisition Contract (the “Property”). B. After acquiring the Property, TCF desires to sell and MAPLEWOOD agrees to purchase the Property from TCF, pursuant to the terms of this Agreement. THE AGREEMENT: 1. PROPERTY. TCF agrees to sell and MAPLEWOOD agrees to buy, on the terms and conditions set forth in this Agreement the fee simple interest in and to the land containing approximately 69.6+/- acres in the aggregate located in Ramsey County, State of Minnesota, and more particularly described on Schedule B attached, together with those buildings, improvements, personalty and fixtures situated thereon to be conveyed to TCF pursuant to the 1 Packet Page Number 182 of 202 terms of the Acquisition Contract, all as more particularly described in Schedule A (the “Property”). The Property is being sold in "as is" condition, subject to all covenants, easements, restrictions and reservations of record and any matters that might be revealed by a current and accurate survey. 2. CLOSING CONTINGENCIES. 2.1 CLOSING under this Agreement is expressly contingent upon TCF’s closing under the Acquisition Contract and the recording in the appropriate registry of deeds or other land registry office of a good and sufficient general warranty deed conveying to TCF good and marketable and insurable title in and to the Property, free and clear of all liens, encumbrances and other exceptions, except such easements, restrictions and other exceptions as are of record and as are approved by TCF. 3. PURCHASE PRICE: The purchase price for the Property shall equal the sum of: a) a base purchase price of ONE MILLION NINE HUNDRED THOUSAND DOLLARS AND 00/100 ($1,900,000.00); plus b) all out of pocket expenses incurred by TCF in connection with the acquisition of the Property, including but not limited to expenses for conducting due diligence inspections (by way of example and not limitation, environmental reports, appraisals, title commitment and survey, if any), and closing costs (by way of example and not limitation, title insurance, transfer taxes, adjustments in real estate taxes, and closing fees); plus c) all third-party costs incurred by TCF in the ownership and management of the Property from the date of closing under the Acquisition Contract until the date of Closing under this Agreement (by way of example and not limitation, real estate taxes, insurance and utility charges); plus d) an administrative fee in the amount of SIXTY THOUSAND AND 00/100 THS ($60,000); plus and e) interest carry costs on TCF’s purchase price at a rate of five percent (5%) simple interest per annum for the period commencing on the date of TCF’s closing 2 Packet Page Number 183 of 202 under the Acquisition Contract until the date of Closing under this Agreement (collectively the "Purchase Price"). f) At any time prior to the Closing, MAPLEWOOD may reimburse TCF for any portion of the purchase price paid by TCF at TCF’s Acquisition Contract Closing, and such reimbursement payment shall reduce the interest carry costs to be paid at Closing by MAPLEWOOD accordingly by reducing the amount upon which such interest runs during TCF’s ownership period. The Purchase Price shall be paid by MAPLEWOOD to TCF at Closing under this Agreement in cash, certified funds, or by wire transfer of federal or other immediately available funds. 4. CLOSING DATE. The closing of the conveyance of the Property to MAPLEWOOD as contemplated hereunder (the "Closing") shall be held at the office of the Title Company or TCF's local counsel on or before October 11, 2013, or at any other mutually agreed upon date. 5. DOCUMENTS; TITLE INSURANCE. MAPLEWOOD, at MAPLEWOOD’s option, may obtain a title insurance commitment through the Title Company pursuant to which the Title Company shall issue to MAPLEWOOD, at MAPLEWOOD's expense and option, a standard coverage owner's policy of title insurance insuring title to the Property. 6. INSPECTION PERIOD. MAPLEWOOD has until seven (7) days before expiration of TCF’s Inspection Period under the Acquisition Contract in which to obtain, secure, conduct, review and analyze any and all tests, studies, applications, reports and documents deemed necessary by MAPLEWOOD to satisfy itself as to the suitability of the Property for purchase and ownership by MAPLEWOOD. TCF and MAPLEWOOD agree to work cooperatively on their respective due diligence review of the Property, as more fully described below. 6.1. Title Commitment. Prior to entry into this Agreement, TCF ordered a title search and commitment for title insurance for the Property from the Title Company. TCF has provided MAPLEWOOD with a copy of the commitment for title insurance and copies of all documents and other information provided by the Title Company. 3 Packet Page Number 184 of 202 6.2 Right of Entry. During the Inspection Period MAPLEWOOD may enter upon the Property at reasonable times for surveying, structural inspection, title examination and other reasonable purposes related to this transaction, upon at least seven (7) days prior telephonic notice to Seller through its authorized representative, Clint Miller (telephone: 651-764-0655). MAPLEWOOD agrees to return the Property to substantially the same condition that existed prior to MAPLEWOOD’s activities. TCF has a similar right under the Acquisition Contract to enter the Property to conduct due diligence tests and studies. TCF and MAPLEWOOD agree to promptly share with one another all due diligence materials and findings generated or obtained by each party. 6.3. Election at the End of the Inspection Period. If MAPLEWOOD is dissatisfied with its due diligence investigations, MAPLEWOOD shall so inform TCF of those objectionable matters in a written notice that shall include backup documentation identifying the objection (for example title commitments, environmental site assessments and surveys), on or before the expiration of the Inspection Period. TCF agrees that if MAPLEWOOD timely notifies TCF of its objections, TCF will incorporate MAPLEWOOD’s objections into a purchaser’s objection notice provided by TCF to LAKELAND, and will include MAPLEWOOD’s request to either terminate the Acquisition Contract or offer LAKELAND the right to cure the objection to the extent allowed under the Acquisition Contract. If the parties offer LAKELAND the right to cure and LAKELAND is unable or unwilling to do so, TCF and MAPLEWOOD will work together to determine whether TCF should exercise its right to either waive the objection and proceed to closing under the Acquisition Contract or terminate the Acquisition Contract, provided that MAPLEWOOD communicates its intent no later than two (2) days after being informed that LAKELAND is unable or unwilling to cure the defect. If MAPLEWOOD fails to provide all timely notices to TCF as required under this Section 5, MAPLEWOOD shall be deemed to have waived its right to raise objections and such inaction shall be deemed an acknowledgement by MAPLEWOOD that the Property is acceptable for all purposes. If MAPLEWOOD does not direct TCF to terminate the Acquisition Contract within the time frames set forth above in this Section 5, MAPLEWOOD shall be deemed legally obligated to Close on its purchase of the Property under this Agreement, subject to TCF satisfactorily closing under the Acquisition Contract. 4 Packet Page Number 185 of 202 7. TITLE. At Closing, TCF shall execute and deliver to MAPLEWOOD a good and sufficient general warranty deed conveying to MAPLEWOOD good and marketable and insurable title in and to the Property, free and clear of all liens, encumbrances and other exceptions, except such easements, restrictions and other exceptions as are of record. Any warranties of title are expressly limited to the property described in the deed of conveyance to TCF. 8. TAXES. Taxes and general assessments for all years prior to Closing shall be paid by TCF (subject to reimbursement under section 3). All taxes and assessments for the Property for the current tax year shall be paid by MAPLEWOOD at Closing. 9. COSTS AND FEES. All closing fees, transfer taxes, rollback taxes and escrow costs shall be paid by MAPLEWOOD. 10. DAMAGES; DEFAULT. 10.1 In the event that all of the conditions to this Agreement shall have been satisfied, or waived and: (a) TCF shall have fully performed or tendered performance of its obligations under this Agreement; and (b) MAPLEWOOD shall be unable or shall fail to perform MAPLEWOOD’s obligations under this Agreement, then TCF may pursue against MAPLEWOOD any remedy available to it under law. 10.2 If TCF shall defaults on its obligation to consummate the transaction contemplated hereunder, MAPLEWOOD may elect, at MAPLEWOOD’s sole option to terminate this Agreement and be released from its obligations hereunder, in which event this Agreement shall be deemed null and void and of no further force and effect. 11. NOTICES. All notices required or permitted hereunder will be deemed to have been delivered only upon actual delivery thereof. All notices required or permitted hereunder shall be given by hand delivery, or sent by email followed by US Mail (with receipt occurring upon receipt by email), Federal Express or other courier for delivery, directed as follows: If to TCF: THE CONSERVATION FUND 1655 N. Ft. Myer Drive, Ste. 1300 Arlington, VA 22209 5 Packet Page Number 186 of 202 Attn: Lily G. Engle, Esquire Associate Counsel Phone: 703/525-6300 Fax: 703/4525-4610 lengle@conservationfund.org With Copy To: Clint Miller Upper Midwest Field Representative The Conservation Fund 807 Rodeo Drive SE Pine Island, MN 55963 Phone: 507/356-6301 Fax: 507/356-6302 cmiller@conservationfund.org If to MAPLEWOOD: City of Maplewood 1830 County Road B East Maplewood, MN 55109 Attn: DuWayne Konewko, Community &Parks Development Dir. Phone: 651/249-2330 Fax: 651/249-2319 duwayne.konewko@ci.maplewood.mn.us 12. MISCELLANEOUS. 12.1 Broker's Commission. TCF and MAPLEWOOD each represent to the other that each has not contracted with any broker or finder with regard to this transaction and each agrees to indemnify, defend and hold harmless the other from and against any and all liability, claims, demands, damages and costs of any kind arising out of or in connection with any broker's or finder's fee, commission or charges claimed to be due any person in connection with such person's conduct respecting this transaction. 12.2 Certificate. At or prior to Closing, TCF shall furnish to MAPLEWOOD a duly executed Certificate of Non-Foreign Status in the form attached to this Agreement as Schedule C. TCF hereby declares and represents to MAPLEWOOD that TCF is not a "foreign person" for purposes of withholding of federal tax as described in such Certificate. 12.3 Assigns. MAPLEWOOD may not assign this Agreement and MAPLEWOOD’s right as MAPLEWOOD hereunder without the written consent of TCF, which may be withheld, in TCF's absolute discretion. Such assignment shall not relieve MAPLEWOOD of MAPLEWOOD's obligations under this Agreement in the absence of express release from TCF. 6 Packet Page Number 187 of 202 12.4 Binding Effect. The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of TCF. 12.5 Schedules. The Schedules attached hereto constitute an integral part of this Agreement and are hereby incorporated herein by reference. 12.6 Counterparts. This Agreement may be executed in counterparts, all of which shall constitute one agreement which shall be binding on all of the parties, notwithstanding that all of the parties are not signatory to the original or the same counterpart. 12.7 Severability/Rules of Construction. If any provision of this Agreement shall be held invalid, the other provisions hereof shall not be affected thereby and shall remain in full force and effect. Each party has fully considered, negotiated and participated in the drafting of this Agreement. Accordingly, if any ambiguity or question of intent or interpretation arises after the Effective Date, then no presumption or burden of proof shall arise either favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. 12.8 Entire Agreement. This Agreement represents the entire agreement of the parties and may not be amended except in writing signed by each party thereto. 12.9 Authority. Each party to this Agreement warrants to the other that the respective signatories have full right and authority to enter into and consummate this Agreement and all related documents. 12.10 Further Actions. Each party shall execute and deliver or cause to be executed and delivered any and all instruments reasonably required to convey the Property to MAPLEWOOD and to vest in each party all rights, interests and benefits intended to be conferred by this Agreement. 12.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12.12 Recognition of Assistance. If MAPLEWOOD erects or maintains signage at entrances to the Property or at any visitor center or other public facility or display located on the Property such signage shall, as additional consideration for the transfer of the Property to MAPLEWOOD, include the statement: “This Property was acquired with the assistance of The Conservation Fund.” 7 Packet Page Number 188 of 202 13. EFFECTIVE DATE. The Effective Date of this Agreement shall be the last date signed by either party. 14. AS-IS, WHERE-IS. Except as otherwise specifically set forth in this Agreement, TCF has not made, does not make, and has not authorized anyone else to make, any representations as to: (a) the existence or non-existence of access to or from the Property or any portion thereof; (b) the location of the Property or any portion thereof within any flood plain, flood prone area or watershed; (c) the availability of water, sewer, electrical, gas or other utility services; (d) the number of acres in the Property; (e) the present or future physical condition or suitability of the Property, including, without limitation, the environmental status of the Property; (f) any other matter or thing relating to the Property or this Agreement. MAPLEWOOD expressly acknowledges that: (a) no such representations have been made by TCF (or on TCF's behalf) and, in entering into this Agreement, MAPLEWOOD does not rely on any representations other than those set forth herein and MAPLEWOOD has inspected the Property, or caused an inspection of the same to be made on MAPLEWOOD's behalf, and is thoroughly familiar and fully satisfied therewith. MAPLEWOOD shall take title to and possession of the Property in "as is" condition, as of the date thereof, subject to wear and tear until the Settlement Date. TCF HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO THE PROPERTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAPLEWOOD ACKNOWLEDGES AND AGREES THAT MAPLEWOOD SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL PERMITS OR LICENSES REQUIRED BY MAPLEWOOD TO CARRY ON IT'S INTENDED OPERATIONS AT THE PROPERTY. 14.1 Waiver. MAPLEWOOD hereby and knowingly waives any potential right MAPLEWOOD may have to receive compensation or contribution relating to the Property to which MAPLEWOOD may be entitled from the Seller pursuant to the provisions of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., Superfund, 8 Packet Page Number 189 of 202 or any other federal, state or local statute, law, ordinance, code, rule, regulation, order, decree or other requirement of governmental authority regulating, relating to or imposing liability or standard of conduct concerning any hazardous, toxic or dangerous substance or material, as now or at any time hereafter in effect, and in the regulations adopted, published and/or promulgated pursuant to said laws. 15. INTERIM LEASE OF THE PROPERTY. Commencing on the date of TCF’s closing under the Acquisition Contract until the date of Closing under this Agreement, or such earlier date established by TCF in its sole discretion (the “Lease Term”), MAPLEWOOD agrees to hold a leasehold interest in the Property for a rental of $1.00 for the entire Lease Term. The purpose of the leasehold interest shall for the use and benefit of MAPLEWOOD and of the public to hike, observe wildlife and enjoy scenic beauty; and to enter upon and utilize the above described lands to the extent necessary for the full enjoyment and use of the rights and privileges granted by this lease. This lease shall be subject to the following terms and conditions: a. MAPLEWOOD shall use the Property only in a manner consistent with the conservation purposes for which the Property was acquired. No hunting, fishing, building of campfires or grilling, dumping of trash, garbage, sewage, sawdust, or any unsightly or offensive material shall be permitted on the Property. b. MAPLEWOOD shall be solely responsible and liable for the management and operation of the Property at its sole risk, cost and expense, and shall post and regularly maintain the Property to prevent the unauthorized use or possession of the Property c. MAPLEWOOD shall, at its sole cost and expense, conduct such routine maintenance of the Property as deemed reasonably necessary and appropriate by MAPLEWOOD to maintain the Property in good condition consistent with conservation purposes. d. MAPLEWOOD shall indemnify and hold harmless TCF for all liability or claims of liability arising out of our in connection with MAPLEWOOD’s lease of the Property, together with any obligations associated therewith. MAPLEWOOD shall bear the risk of loss of any portion of the Property damaged or destroyed during the Lease Term. IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date below written. [Signatures on following page] 9 Packet Page Number 190 of 202 TCF: THE CONSERVATION FUND A Non-Profit Corporation By: ________________________________ Date: _______________ Printed Name:________________________ Title:________________________________ MAPLEWOOD: City of Maplewood By: ________________________________ Date: _______________ Printed Name:________________________ Title:________________________________ 11 Packet Page Number 191 of 202 SCHEDULE A COPY OF ACQUISITION CONTRACT 12 Packet Page Number 192 of 202 SCHEDULE B COPY OF TITLE COMMITMENT 13 Packet Page Number 193 of 202 14 SCHEDULE C AFFIDAVIT OF NON-FOREIGN STATUS Section 1445 and Section 6045 of the Internal Revenue Code provide that the Transferee of a real property interest must withhold tax if the Transferor is a foreign person and must provide certain sales related information to the Internal Revenue Service. To inform CITY OF MAPLEWOOD (the "Transferee") that withholding of tax is not required upon its disposition of a U.S. real property interest, which is more particularly described herein, THE CONSERVATION FUND (the "Transferor"), hereby certifies that: 1. Transferor is not a non-resident alien for purposes of U.S. income taxation. 2. Transferor's tax identification number is: 52-1388917. 3. Transferor's principal business address is: 1655 North Fort Myer Drive, Suite 1300, Arlington, VA 22209. 4. The gross sales price of this transfer is: $________________________. Transferor understands that this affidavit and information contained herein will be disclosed to the Internal Revenue Service by the Transferee and that any false statement made herein by Transferor could be punished by fine, imprisonment, or both. Under penalties of perjury, Transferor declares that Transferor has examined this certification and, to the best of Transferor's knowledge and belief, it is true, correct and complete. TRANSFEROR: THE CONSERVATION FUND A NON-PROFIT CORPORATION By: ________________________________ Date: _______________ Printed Name:________________________ Title:________________________________ Packet Page Number 194 of 202 3/23/11 Welcome to the Fish Creek Natural Area Greenway. Natural areas are shaded green on this map. The crosshatch indicates land in public ownership. Parcels A and B make up the 70-acre site under option. The proposed Fish Creek Hiking Trail (orange dotted line) would follow the creek for much of its route. Parcel B Parcel A Packet Page Number 195 of 202 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 196 of 202 Item J1 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: August 3, 2011 RE: Request of the City Council to Call a Special Meeting to Canvass the Results of the August 9, 2011 Primary Election Background The Primary Election will be held on August 9, 2011. As directed by State Statute 205.185 Subd. 3, the City Council acting as the canvassing board canvasses the results of the election and declares the results. 205.185 PROCEDURE. Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a) Within seven days Between the third and tenth days after an election, the governing body of a city conducting any election including a special municipal election, or the governing body of a town conducting the general election in November shall act as the canvassing board, canvass the returns, and declare the results of the election. Recommendation It is recommended that the City Council call a Special Meeting to be held on Friday, August 12, 2011 at 12:00 noon to canvass the results of the Primary Election. Packet Page Number 197 of 202 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 198 of 202 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Ginny Gaynor, Natural Resources Coordinator SUBJECT: Consider Approval of Bid for Joy Park Phase II Improvements DATE: August 1, 2011 for August 8, 2011 meeting INTRODUCTION On September 13, 2010, Maplewood City Council approved $300,000 funding for Joy Park Phase II Improvements and authorized staff to hire SEH, Inc. to develop plans and specifications. On June 14, 2011, Council approved staff seeking bids for Joy Park Phase II Improvements. Two bid proposals have been received for this project. DISCUSSION In 2010, the city completed Phase I Joy Park improvements including: 1) Installed Lake Links Trail, 2) Installed new parking lot for boat launch area, 3) Installed five rain gardens to capture parking lot runoff, 4) Enhanced three wetlands and wetland buffer, 5) Installed two shoreline access points, 6) Restored 200’ of shoreline buffer, and 7) Installed fishing pier. On September 13, 2010, City Council approved $300,000 PAC funding for Joy Park Phase II Improvements, and approved hiring SEH, Inc. to develop project plans and specifications. Attachment 1 shows the layout of trails and amenities for Joy Park Phase II. Improvements include: 1. Install three additional step access points along the shoreline. 2. Restore 150’ shoreline and repair existing eroded areas. 3. Install bituminous trail loop on west site of park and bituminous trail to fishing pier on east side of park. 4. Install rustic trail on west side of park (mowed) and rustic trail section on east side of park (gravel). 5. Install boardwalk over wetland. 6. Install benches. 7. Remove old parking lot and construct new parking lot. 8. Construct rain garden to filter parking lot runoff. 9. Seed along trails and disturbed areas. A picnic shelter was included as an alternate bid item but there is not enough funding to install that as part of Phase II Improvements. In response to the Request for Proposals, five companies requested plan sets. Bids were received from two contractors as follows: Company Base Bid Alternate 1 – picnic shelter Previous Maplewood Projects Hardrives, Inc. $250,401.88 $75,530.10 Joy Park Phase I Holloway-Stanich Streets Fitol-Hintz Construction, Inc. 261,854.75 $87,240.00 Lions Park Staff recommends that council accept the low bid from Hardrives, Inc. Agenda Item L1 Packet Page Number 199 of 202 2 Wetland and Shoreline Permit On July 14, 2011, Valley Branch Watershed District approved a permit for this project. The issues requiring their approval included: 1) stormwater management, 2) installation of a trail within a shoreline/wetland buffer, and 3) installation of a boardwalk across the wetland. The district voted 3:1 to approve the permit, with one member recusing himself. Maplewood’s wetland ordinance allows for public trails and boardwalks within wetland buffers. The homeowners adjacent to Joy Park, Paul and Barbara Swan, oppose the city putting in a rustic trail and boardwalk on the west site of the park, citing that this is an area with high quality wetlands and people should not have access the area. Staff believes the trail and boardwalk will be a tremendous amenity at this site and can be done in a way that will not degrade natural resources. The master plan called for an 8’-wide bituminous trail in this area and we have changed this to 4’-wide rustic trail in the specifications. In addition, staff will be developing signage to address use issues such as littering, trampling vegetation, and protecting the site’s resources. Joy Park Phase I and Phase II improvements make significant improvements to the wetlands, shoreline, and natural resources at the park. There are now raingardens filtering parking lot runoff, 200’ of shoreline have been stabilized to prevent erosion, there are step access points to the lake, the western wetlands have been improved through weed control and native seeding, and buckthorn is being controlled in the western wetland buffers. Phase II continues these natural resources improvements and provides better access to the park so people can have a quality experience of nature. Funding On September 13, 2010 council approved $300,000 from PAC fund for Phase II Improvements, which included $35,000 for SEH, Inc. to develop plans and specifications. With the bid proposal, approximately $15,000 remains for plant material and plantings (the bids received include seeding but not planting). The shoreline restoration, additional plantings, and potentially some of the rain garden installation is eligible for a Valley Branch Watershed District cost-share grant. Staff would like to submit a grant to the district to increase the amount of shoreline restoration and the amount of native plantings done during Phase II. We anticipate requesting $20,000 to $25,000. The restoration work in the bid and specifications would serve as our 50% match. This would increase the total project cost for Phase II improvements to $325,000 ($300,000 city funds, up to $25,000 grant). RECOMMENDATION Staff requests that City Council consider approval of the bid from Hardrives, Inc. for Joy Park Phase II Improvements, in an amount not to exceed $250,401.88. Staff requests that City Council consider increasing the total project cost for Joy Park Phase II Improvements to a maximum of $325,000, if staff is successful in receiving a grant for the additional amount from Valley Branch Watershed District. Attachment 1: Joy Park Plan Drawing Packet Page Number 200 of 202 Packet Page Number 201 of 202 Packet Page Number 202 of 202