HomeMy WebLinkAbout2005 10-10 City Council PacketF_1W :I.I17-11
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, October 10, 2005
Council Chambers, City Hall
Meeting No. 05 -21
A. CALL TO ORDER
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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. When you address the council, please state your name and address clearly
for the record. All comments /questions shall be posed to the Mayor and Council. I then will direct
staff, as appropriate, to answer questions or respond to comments."
D. APPROVAL OF MINUTES
Minutes from the City Council Meeting- September 26, 2005
E. APPROVAL OF AGENDA
F. APPOINTMENTS /PRESENTATIONS
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council
and will be enacted by one motion. If a member of the City Council wishes to discuss an item,
that item will be removed from the Consent Agenda and will be considered separately.
1. Approval of Claims
2. Conditional Use Permit Review — Chesapeake Retail Center (3081 — 3095 White Bear
Avenue)
3. Environmental Manager and MCC Manager Pay Range
4. County Road D Realignment East (Surcharge and Pond Contract), City Project 02 -07,
Approval of Modifications to Existing Construction Contract, Change Orders 4 & 5
5. Resolution Certifying Election Judges for the General Election — November 8, 2005
6. 2005 Budget Adjustments for Ambulance Service and Capital Project Funds
7. 2005 Budget Adjustments for General Fund
8. 2005 Payment to Firefighters Pension Fund
9. Tax Increment Financing Development Agreement Revision — Van Dyke Street Housing
(2191- 2231 Van Dyke Street)
10. Annual Gambling Renewal -The Bird
11. Annual Gambling Renewal- Maplewood Lanes
H. PUBLIC HEARINGS
7:00 p.m. Maplewood Business Center Conditional Use Permit (CUP) Review
(1616 Gervais Avenue)
AWARD OF BIDS
UNFINISHED BUSINESS
Joint Powers Agreement for Consolidated Dispatch Operations
K. NEW BUSINESS
1. Special Election Ordinance
2. Intoxicating Liquor- Off -Sale- Phillip Lu, 2515 White Bear Avenue (Big Discount Imports)
3. Intoxicating Liquor —On- Sale — Philip Poling, 3087 White Bear Avenue (T.G.I.F. Friday's)
4. Intoxicating Liquor —On- Sale - Cheryl Lynn Wolf, 2425 Highway 61 (CurrentlySmiley's)
5. Heritage Square Fourth Edition -Lydia Avenue
6. Springside Drive Extension, City Project 03 -36, Approve Resolution Authorizing Special
Assessment Settlement
7. Minnehaha and Century Intersection Improvements, City Project 05 -31, Approve
Resolution Requesting Funding from MnDOT Through the Municipal Agreement
Program for Improvements at the Minnehaha Avenue (CSAH 34) and Century Avenue
(TH 120) Intersection
8. Request for Approval of City Recycling Contract
9. Play System for Maplewood Heights Park
10. Deer Herd Reduction
L. VISITOR PRESENTATIONS
M. COUNCIL PRESENTATIONS
N. ADMINISTRATIVE PRESENTATIONS
O. ADJOURNMENT
Sign language interpreters for hearing impaired persons are available for public hearings upon
request. The request for this service 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 Cityof 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.
DRAFT -- MINUTES
MAPLEWOOD CITY COUNCIL Agenda Item D1
7:00 P.M. Monday, September 26, 2005
Council Chambers, City Hall
Meeting No. 05 -20
9
91
C.
A
E.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
Mayor Cardinal asked everyone to recognize those St. Paul residents who are serving the country.
A moment of silence was held for Ramsey County Sheriff's Deputy Joedy Newton who passed
away on Sunday, September 25`
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Will Rossbach. Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the City Council Manager /Workshop- September 12, 2005
Councilmember Juenemann moved to approve the minutes from the August 08, 2005 as
presented.
Seconded by Councilmember Rossbach Ayes-All
2. Minutes from the City Council Meeting- September 12, 2005
Councilmember Koppen moved to approve the minutes from the September 12, 2005 City Council
Meeting as presented.
Seconded by Councilmember Juenemann Ayes-All
3. Minutes from the Special City Council Meeting- September 15, 2005
Councilmember Juenemann moved to approve the minutes from the September 12, 2005 Special
City Council Meeting as presented.
Seconded by Councilmember Koppen Ayes-All
APPROVAL OF AGENDA
Councilmember Rossbach moved to approve the agenda as amended.
M1. City Clean -up Day
M2. Gladstone Meeting
Seconded by Councilmember Juenemann Ayes-All
F. APPOINTMENTS /PRESENTATIONS
None
City Council Meeting 09 -26 -05
I
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 809,787.75 Checks # 67889 thru # 67945
dated 9/09/05 thru 9/13/05
$ 134,548.81 Disbursements via debits to checking account
dated 9/02/05 thru 9/08/05
$ 89,460.00 Checks # 67946 thru # 67951
dated 9/12/05 thru 9/14/05
$ 380,856.12 Checks # 67952 thru # 68011
dated 9/20/05
$ 319,813.89 Disbursements via debits to checking account
dated 9/09/05 thru 9/15/05
$ 1,734,466.57 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 472,039.52 9/09/05
$ 2,406.75 Payroll Deduction check # 102459 thru # 102461
dated 9/09/05
$ 474,446.27 Total Payroll
$ 2,208,912.84 GRAND TOTAL
2. Jensen Estates Final Plat (Hoyt Avenue, east of McKnight Road)
Approved the final plat for Jensen Estates date - stamped August 22, 2005. This approval is subject
to the county recording the deeds, deed restrictions and covenants required by the city and the
developer meeting all the conditions of the City Engineer.
3. Donation to Police K -9 Program
Accepted the donation from the Washington County Bank for $125 to be used to purchase dog
food for the Police Departments two canines.
City Council Meeting 09 -26 -05 2
Award Contract for 2005 -2006 Winter Sand
Approved the quote from Aggregate Industries for the 2005 -2006 winter sand requirements, based
on their low quote of $8.42 per ton. An initial purchase of 2,100 tons is recommended with the
option to purchase up to an additional 900 tons, if needed; for a total not to exceed $25,260.00.
Hazelwood Street Improvements — City Project 03 -39 — Approve Supplemental
Agreement #1
Approved supplemental agreement #1 for Hazelwood Street Improvements, City Project 03 -39.
CONTRACTOR;
FEDERAL PROJECT NO.
STATE PROJECT NO.
Forest Lake Contracting
138- 112 -006
ADDRESS:
LOCATION OF WORK:
1477 Lake Drive
Hazelwood Street between Beam Avenue and County Road D
Forest Lalce, MN 55025
Ma lewood, MN
GROUP NO. APPR. AMOUNT
GROUP NO. APPR. AMOUNT GROUP NO. APPR. AMOUNT
DATE ENCUMBERED
ORIGNINAL ENCMUBRANCE:
SA TOTAL $
BY
$ ENCUMBERED TO DATE:
Individual signing certifies that funds have been encumbered as
required by Minn. Stat. § 16A.15
This Contract is between the State of Minnesota, acting through its Commissioner of Transportation, and Contractor as follows:
WHEREAS: This Contract provides for, among other things, grading, aggregate base, bituminous
pavement, concrete curb and gutter, concrete walk, storm sewer, traffic signal revisions,
and utility Improvements; and
WHEREAS: Poor soils were encountered north of St. John's Boulevard that required additional
subgrade excavation, granular borrow, installation of drain tile, and additional connections
to drainage structures; and
WHEREAS: Boulevard grading and the construction of sidewalks required the removal of portions of
several private irrigation systems, and conduit crossings under the sidewalks were required
to facilitate the reinstallation of those private irrigation systems; and
WHEREAS: A portion of the old St. John's Boulevard was uncovered while grading the east right turn
lane and boulevard which required additional removals of curb and abandoned storm sewer
pipe and flared end section; and
WHEREAS: A last minute change in the storm sewer design required the addition of a larger manhole
instead of the original one that had already been manufactured and delivered to the site;
and
WHEREAS: The engineer determined that a number of additional special traffic control signs were
necessary to clarify access to the adjoining commercial and residential facilities for the
motoring public; and
WHEREAS: The new modular retaining wall block required the application of a concrete stain in order to
match the existing retaining walls at St. John's Hospital; and
WHEREAS: Signal modifications in the contract required the installation of loop wire that was thought to
be in place already; and
City Council Meeting 09 -26 -05
WHEREAS: The north boulevard required the installation of an irrigation system to promote the
establishment and maintenance of the median trees and plantings; and
WHEREAS: The Project Specifications provided a maximum incentive of $10,000 for early final project
completion which was earned, but no pay item for such incentive was provided; and
WHEREAS: The Engineer has determined that these foregoing items are necessary for the completion
of the project; and
WHEREAS: The Engineer has further determined that these foregoing items constitute Extra Work
under the contract.
NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT:
The Contractor will provide subgrade excavation, select granular borrow, connections to existing
drainage structures, removal of concrete curb and gutter, removal of RCP or CMP storm sewer
pipe, and removal of drainage structures in the quantities listed below in the ESTIMATE OF COST.
2. Payment for this work will be at the Contract Unit Prices.
3. The Contractor will provide Construction Signs - Special, Construct Drainage Structure, Design
54 ", Supply Drainage Structure, Irrigation System Provision, 4" Perforated Pipe Drain, and
Architectural Surface Finish (Single Color) in the quantities listed below in the ESTIMATE OF
COST.
4. Payment for this work will be at the Negotiated Unit Prices listed below in the ESTIMATE OF
COST.
5. The Contractor will provide the Irrigation System, and Install Cables and Conductors in the
quantities listed below in the ESTIMATE OF COST.
6. Payment for this work will be at the Negotiated Lump Sum Price listed below in the ESTIMATE OF
COST.
7. Payment for Early Project Final Completion will be at the Lump Sum Price listed below in the
ESTIMATE OF COST in keeping with the Project Specifications.
8. Contract time will not be revised except as may be provided in Mn /DOT Specification 1806.
9. The Contractor will not make claim of any kind or character whatsoever for any other costs or
expenses that he may have incurred or that may be hereafter incurred in performing the work and
furnishing the materials required by this Agreement.
City Council Meeting 09 -26 -05
ESTIMATE OF COST
Item No.
Item
Unit
Unit Price
Quantity
Amount
Group
2105.507
SUBGRADE EXCAVATION
CY
$7.00
869
$6,083.00
PART.
2105.522
SELECT GRANULAR BORROW
CY
$10.00
1178
$11,780.00
PART.
2506.602
CONNECT INTO EXISTING DRAINAGE STRUCTURE
EA
$2.00
500
$1,000.00
PART.
2104.501
REMOVE CONCRETE CURB AND GUTTER
LF
$2.20
22
$48.40
PART.
2104.501
REMOVE RCP OR CMP STORM SEWER PIPE
LF
$10.00
56
$560.00
PART.
2104.509
REMOVE DRAINAGE STRUCTURE (CB, MH,CB /MH OR
EA
$2.00
500
$1,000.00
PART.
2563.618
CONSTRUCTION SIGN - SPECIAL
SF
$20.35
94
$1,912.90
NON -
PART.
2506.502
CONSTRUCT DRAINAGE STRUCTURE, DESIGN 54"
MANHOLE W/ R- 1678 -A CASTING ASSEMBLY & R-
2422 -0009 (TYPE C) RADIAL GRATE
EA
$2,375.00
1
$2,375.00
PART.
2506.602
FURNISH DRAINAGE STRUCTURE
EA
$615.00
1
$615.00
NON -
PART.
2502.601
IRRIGATION SYSTEM PROVISION
LF
$7.00
146
$1,022.00
NON -
PART.
2504.601
IRRIGATION SYSTEM
LS
$3,550.00
1
$3,550.00
PART.
2105.507
4" PERF TP PIPE DRAIN
LF
$9.00
140
$1,260.00
PART.
2411.618
ARCHITECTURAL SURFACE FINISH (SINGLE COLOR)
SF
$1.10
830
$913.00
PART.
2565.603
INSTALL CABLES AND CONDUCTORS
LS
$2,346.06
1
$2,346.06
PART.
EARLY PROJECT FINAL COMPLETION INCENTIVE
LS
$10,000.00
1
$10,000.00
PART.
Total of Participating Items
$40,915.46
Total of Non - participating Items
$ 3,549.90
Total for Supplemental Agreement 1
$44,465.36
County Road D Realignment Improvements (TH 61 to Hazelwood) — City Project 02 -07 —
Approve Purchase Agreement with Xcel Energy and Revision to Option Agreement for Resale of
Property
Approved the following purchase agreement with Xcel Energy in the amount of $285,000 and the
Option Agreement with Countryview Golf for $242,320.00:
TEMPORARY LICENSE AGREEMENT
(Kohlman Lake Substation, Ramsey County, Minnesota)
This TEMPORARY LICENSE AGREEMENT ( "License ") is made this _ day of August, 2005 by and
between NORTHERN STATES POWER COMPANY, a Minnesota corporation, d /b /a Xcel Energy, with an
address of 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401 ( "Licensor ") and CITY OF
MAPLEWOOD, Minnesota, a municipal corporation organized underthe laws of the State of Minnesota, with an
address of 1830 County Road B East, Maplewood, MN 55109 ( "Licensee ").
RECITALS
City Council Meeting 09 -26 -05
A. The Licensor is the fee owner of certain real property described as TRACT A, REGISTERED LAND
SURVEY NO. 262, FILES OF THE REGISTRAR OF TITLES, RAMSEY COUNTY, MINNESOTA (the
"Property "), and desires to protect and preserve the Licensor's utility facilities located thereon and Licensor's
current and future use of said Property.
B. Licensee desires access to and use of a portion of the surface of the Property, which portion of the Property is
more particularly described in Exhibit attached hereto and made a part hereof (the "Licensed Premises "), and
to have ingress and egress to the Licensed Premises through existing roads, said Licensed Premises to be used
by Licensee for the sole purpose, and for no other purpose, of the reconstruction /realignment of County Road D,
City Project 02 -07 (the "Project "), such Project and Licensed Premises being further described and /or shown on
said Exhibit A, and Licensee desires to obtain Licensor's permission therefore.
C. Licensee hereby acknowledges that (i) it intends to proceed with the purchase of the Licensed Premises in
accordance with the terms of a purchase agreement (the "Purchase Agreement ") to be entered into by Licensor,
as seller, and Licensee, as purchaser, which Purchase Agreement shall provide, among other things, for a
purchase price of $285,000.00 and a closing date not later than sixty (60) days after the date of this License; and
(ii) the sole purpose of this License is to allow Licensee to begin its use of the Licensed Premises prior to the
closing of its purchase thereof in accordance with the terms of the Purchase Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the agreement by Licensee to use the
Licensed Premises for the purpose of the Project, as stated above, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. Grant of Right of Entry The Licensor hereby grants to the Licensee and its affiliates, with respect to
such title and interest as the Licensor may have in the Property, and upon the terms and conditions hereinafter
stated, on a revocable, non - exclusive basis, the permission and right to access and use the Licensed Premises
for the Project. Such right of access and use is granted only for the term of this License as set forth below, and
only for the purposes set forth above. If the Licensed Premises shall deviate, in any manner, from Exhibit A, or
the purposes as herein stated shall be changed, the Licensee shall notify Licensor and obtain its approval in
advance for any such changes.
2. Term. The term of this License shall be for a period commencing on the date hereof and ending on
the date which is sixty (60) days thereafter (the "Expiration Date "), unless sooner terminated as herein provided.
Licensee shall be entitled to enter the Licensed Premises on the effective date hereof. Licensee hereby
acknowledges that it is the specific intent of the parties that the term of this License shall expire on the Expiration
Date in the event that the Closing does not occur on or before the Expiration Date, and in such event the
provisions of Paragraph 20 hereof shall become applicable.
This License may be terminated early as follows
a. Either party may terminate this License for any reason or no reason whatsoever by giving thirty (30)
days prior written notice.
Licensor may terminate this License for Licensee's material breach of any of the terms and conditions
of this License, as provided herein, such breach constituting a default by Licensee under the License;
and
c. In the event Licensee becomes insolvent, or is declared bankrupt, the Licensor may declare this
License ended, and all rights of the Licensee hereunder shall terminate.
In the event that Licensee acquires title to the Licensed Premises by means of condemnation or a conveyance of
title from Licensor in lieu thereof, this License shall automatically terminate on the date of said acquisition of title
by Licensee.
3. License Fee As complete and full payment for the rights herein granted and for the term herein
granted to Licensee, Licensee agrees to pay Licensor a total license fee ( "License Fee ") of $ -None-
City Council Meeting 09 -26 -05
, the equivalent of which is $ -None- per month, prorated for partial
months, and payable in advance, and without demand, on the first day of each month of Licensee's occupancy of
the Licensed Premises. License Fee payments shall be made to Northern States Power Company, c/o Xcel
Energy, 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401, Attention: Corporate Real Estate, or at
such other address given to Licensee in a notice provided as set forth herein. Should termination, as provided
herein, occur before the end of the term for which the License Fee was paid in advance, and Licensee is not in
default of any of the agreements contained herein, such License Fee shall be prorated, accordingly, with that
portion representing the unused term to be refunded to Licensee.
4. Licensed Interest Only This License does not convey an interest in real property.
5. Licensor's Reserved Rights Licensor reserves the right, at any time and from time to time, to
make such use of the Licensed Premises and Property as it may desire, at its sole discretion and for any
purpose, including, but not limited to, the construction, operation or maintenance of its electric power
generation, transmission or distribution and appurtenant facilities, by way of example, but not limited to,
entry /exit gates, roads and railroad transportation, located or to be located on the Licensed Premises and
Property. In the exercise by Licensor of the foregoing rights, Licensor will use its best efforts not to
unreasonably interfere with the Project. However, Licensor shall not in any event be liable for inconvenience,
annoyance, disturbance or other damage to Licensee, or the Project, by reason of the exercise of the
foregoing rights or any other rights of Licensor to enter into or use the Licensed Premises, and the obligations
of Licensee under this License shall not be affected in any manner.
6. Removal and Relocation The Licensee shall remove at its own expense, the Project from the
Licensed Premises or any part thereof, or relocate the same to a different location on the Property as requested
by the Licensor, if the Project should interfere, in the Licensor's sole and absolute discretion, with the operation
and maintenance of the Licensor's facilities as now or hereafter constructed. In the event that the Licensee's use
of the Licensed Premises should, in the reasonable judgment of the Licensor, constitute a hazard to the
Licensor's facilities or the general public, the Licensor may require immediate removal, relocation, or modification
of the Project and Licensed Premises to eliminate such interference or hazard, and may suspend the Licensee's
right to use the Licensed Premises under this License until such removal, relocation, or modification is
completed.
7. Non - exclusive License This License is issued subject to any prior licenses, easements, leases or
other such rights granted by the Licensor for improvements of other parties. The Licensor reserves the right to
license others to install improvements in, on, under, or along the Property provided that same shall not interfere
unreasonably with the Project herein authorized.
8. Blasting The Licensee shall not do or permit to be done any blasting above, underneath, or near
facilities on the Property without first having received prior written permission from the Licensor. Any blasting
shall be done in the presence of a representative of the Licensor and in accordance with directions such
representative may give for the protection or safety of the facilities located on the Property.
9. Construction Approval and Notification The Licensee agrees that it shall not begin any
construction on the Licensed Premises for the Project until the Licensee first provides the Licensor with plans
and specifications, and until such plans and specifications have been approved bythe Licensor, which approval
will not be unreasonably withheld. The Licensee shall contact Gopher State One Call (651- 454 -0002) at least
two working days prior to the commencement of construction on the Licensed Premises to arrange for field
locating of utility facilities. Further, if the Licensor has constructed electric transmission facilities on the Property,
the Licensee shall contact the Licensor's Electric Transmission Lines department at 612- 330 -5890 at least four
working days prior to the commencement of construction on the Licensed Premises, and unless waived by said
department, no construction shall be performed unless a representative of the Licensor is present at the time and
place of construction. The instructions of such representative relating to the safety of the Licensor's facilities will
be followed by the Licensee, its agents and employees. Any damage to facilities on the Licensed Premises or
Property as a result of the above construction shall be paid for or repaired at the expense of the Licensee. These
provisions shall also apply to any other work involving construction, maintenance, operation, repair, inspection,
removal, replacement, or relocation of the Project on the Property.
City Council Meeting 09 -26 -05 7
10. Licensor's Natural Gas Advisory The Licensee agrees and understands that if the Licensor
has constructed natural gas gathering, storage, transmission, distribution, or related facilities on the Property,
the Licensee has been fully advised by the Licensor that such natural gas facilities may now transport and
may continue to transport natural gas at significant pressures. The Licensee shall advise all of its
employees, agents, contractors, and other persons who enter upon the Licensed Premises and the
Property, pursuant to the provisions of this License, of the existence and nature of such natural gas facilities
and the danger and risk involved.
11. Licensor's Cathodic Protection System The Licensee has been fully advised by the Licensor that
the natural gas facilities of the Licensor, if located on the Property, may be subject to cathodic protection by
rectifier and related anode beds. The Licensor shall not be liable for stray current or interfering signals induced in
the Project and the Licensed Premises as a result of the operating of the Licensor's cathodic protection system.
12. Licensor's Electric PowerAdvisory The Licensee agrees and understands that if the Licensor has
constructed electric power generation, transmission, distribution, or related facilities on the Property, the Licensee
has been fully advised by the Licensor that such electric facilities may now transmit and may continue to transmit
electric current at significant voltages, and that the conductors on electric lines may not be insulated. The
Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Licensed
Premises and the Property, pursuant to the provisions of this License, of the existence and nature of such electric
facilities and the potential danger and risk involved.
13. Licensee to Indemnify
(a) (i) As used in this License, the term "Claims" means (1) losses, liabilities, and expenses of
any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but
not limited to, investigation, removal, remedial, and restoration costs, and consultant and other
fees and expenses; and (4) any and all other costs or expenses.
(ii) As used in this License, the term "Injury" means (1) death, personal injury, or property
damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health
effect; and (4) any consequential or other damages.
(b) To the extent permitted by law, the Licensee covenants and agrees to at all times protect,
indemnify, hold harmless, and defend the Licensor, its directors, officers, agents, employees, successors,
assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged to
arise from, or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or
related to (1) this License; (2) the construction, existence, maintenance, operation, repair, inspection,
removal, replacement, or relocation of the electric power generation, transmission, or distribution; natural
gas gathering, storage, transmission, or distribution; or any other utility facilities located on the Property;
or (3) the Licensee's or any other person's presence at the Property as a result of or related to this
License.
(c) The Licensee's dutyto protect, indemnify, hold harmless, and defend hereundershall applyto
any and all Claims and Injury, including, but not limited to:
(i) Claims asserted by any person or entity, including, but not limited to, employees of the
Licensee or its contractors, subcontractors, or their employees;
(ii) Claims arising from, or alleged to be arising in any way from, the existence at or near
the Property of (1) electric power generation, transmission, distribution, or related facilities; (2)
electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission, distribution,
or related facilities; (4) asbestos or asbestos containing materials; (5) any Hazardous Materials,
regardless of origin; or
(iii) Claims arising from, or alleged to be arising in anyway from, the acts or omissions of
the Licensee, its sublicensees, invitees, agents, or employees.
City Council Meeting 09 -26 -05
14. Insurance Licensee shall purchase and maintain such insurance as shall protect Licensee and
Licensor from claims which may in any way arise out of or be in any manner connected with the performance of
this License, whether such claims arise out of the actor failure to act of the Licensee, Licensor, or of the director
indirect delegee, appointee, or employee of either.
(a) Notwithstanding any provision of this License to the contrary, this insurance shall be as
specified below, and, except for worker's compensation, automobile, and professional liability insurance
policies, all insurance policies shall name Licensor as an additional insured:
(i) Worker's Compensation Statutory, Employer's Liability Limit, in the amount of one
million dollars ($1,000,000);
(ii) Commercial General Liability Insurance, occurrence form, providing bodily injury,
personal injury, and property damage liability coverage with combined single limits of not less
than five million dollars ($5,000,000);
(iii) Comprehensive Automobile Liability with combined single limits of not less than one
million dollars ($1,000,000);
(iv) The policies described herein shall be endorsed to show that the insurers waive
subrogation against Licensor, its directors, officers, and employees.
(b) Certificates of Insurance acceptable to Licensor shall be filed with Licensor prior to
commencement of the construction of the Project and use of the Licensed Premises. These certificates
shall contain a provision that coverages afforded under the policies shall not be canceled until thirty (30)
days prior written notice has been given Licensor. Notwithstanding the foregoing, Licensee has a
continuing obligation to provide the insurance coverage described herein and none of the insurance
required herein shall be canceled, changed, or allowed to lapse.
(c) Insurance specified herein shall be minimum requirements and Licensee is responsible for
providing any additional insurance deemed necessary to protect Licensee's interests from other hazards
or claims in excess of the minimum coverage. The liability of Licensee is not limited to available
insurance coverage.
15. Licensor's Activities The Licensor shall use care not to damage the Project in the construction,
maintenance, operation, repair, inspection, removal, replacement, or relocation of its facilities located on the
Property, and shall give reasonable notice to the Licensee of any of its activities in the immediate vicinity of the
Project.
16. Distance and Height Requirements The Licensee shall construct and use the Licensed Premises
so as to maintain the maximum distance between the Project and the Licensor's electric and /or natural gas
facilities, or other facilities located on the Property, allowable by the width and terrain of the Property. If the
Project crosses over or under the Licensor's electric and /or natural gas facilities, the crossing shall be as directed
bythe Licensor. Notwithstanding the foregoing, minimum vertical and horizontal separations, as directed by the
Licensor, shall be maintained on all crossings and parallel encroachments.
17. Restoration Following Construction After construction of the Project and thereafter, in the event
of resettling, the Licensee shall restore the surface of the Licensed Premises by grading and compacting any
irregularities, reseeding, and /or revegetation as required to restore original conditions.
18. Reimbursement by Licensee The Licensee shall reimburse the Licensor for all costs involved for
replacing and resetting any section corners, quarter corners, ownership monuments, right -of -way markers, and
reference points disturbed or destroyed during Licensee's use of the Licensed Premises.
19. Copy of License A copy of this License shall be on the Licensed Premises at all times during
construction of the Project.
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20. Termination, Removal and Restoration Upon any termination of the License as herein provided,
the Licensee shall remove all of the Project from the Licensed Premises within sixty (60) days from the date of
termination, and shall restore the Licensed Premises to the Licensed Premises' condition prior to this License
taking effect by grading and compacting any irregularities, reseeding, and /or revegetation as required by
Licensor. Removal of the Project and restoration of the Licensed Premises shall be performed under the same
terms and conditions as the construction of the Project. If the Licensee should fail to remove the Project and
restore the Licensed Premises within said sixty (60) day period, the Licensor may remove the same and restore
the Licensed Premises at the expense of the Licensee.
21. Workers' Compensation Insurance The Licensee further agrees to provide, keep in full force and
effect, and require of its contractors or subcontractors, Workers' Compensation insurance pursuant to the laws of
Minnesota on all employees entering upon the Property.
22. Assignment Licensee shall not assign, sell, delegate, subcontract or otherwise transfer or
encumber in any manner whatsoever, all or any portion of the rights, duties or obligations under this License.
Any such transfer or encumbrance shall be null and void and shall permit Licensor to terminate this License
immediately without written notice.
23. Other Authority or Rights The Licensee shall bear the sole obligation of obtaining such other
authority or rights as the Licensee may need in addition to the rights provided in this License for the construction
of the Project and use of the Licensed Premises.
24. Hazardous Materials Except with the express written permission of the Licensor, the Licensee shall
not bring onto the Property, or permit to be brought onto the Property, any hazardous or toxic substance or
material (including petroleum) regulated by the State of Minnesota, the United States government, or any other
government authority with applicable jurisdiction ( "Hazardous Materials "). In the event the Licensee brings
Hazardous Materials onto the Property (with or without permission of the Licensor), the Licensee shall comply
with all applicable laws, ordinances, and regulations of federal, state, and local governmental agencies related to
such Hazardous Materials. The Licensee shall remove such Hazardous Materials from the Property immediately
upon request of the Licensor. The Licensee shall bear all costs related to environmental investigation, cleanup,
removal, or restoration of anywater, air, groundwater, natural resources, soil, or land, including, but not limited to,
the Property, incurred as a result of the presence of such Hazardous Materials on the Property, or arising out of
the acts or omissions of the Licensee, its agents, sublessees, invitees, or employees.
25. Notices Any and all notices, requests, demands and other communications required or permitted to
be given hereunder shall be in writing and shall be deemed to have been duly given (a) when delivered if
delivered personally, (b) three (3) business days after the mailing thereof by first class, postage prepaid,
registered or certified mail if mailed, or (c) one (1) business day after being dispatched by a nationally recognized
overnight delivery service, in any event, addressed to the party's respective addresses set forth below or at such
other address as may be designated in a written notice and given in accordance with this paragraph:
To Licensor:
Northern States Power Company
c/o Xcel Energy Services, Inc.
Attn: Corporate Real Estate
414 Nicollet Mall, Mezzanine
Minneapolis, Minnesota 55401
To Licensee:
City of Maplewood
Attn: Chuck AN
1830 County Road B East
Maplewood, Minnesota 55109
26. Amendment This License may be amended only by a written Amendment signed by both parties.
27. Relationship of Parties Nothing in this License shall be interpreted or construed as a partnership
or joint venture between Licensor and Licensee concerning the Project on the Licensed Premises.
28. Governing Law This License shall be construed in accordance with and governed by the laws of
the State of Minnesota.
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29. Severance Should any portion of this License be declared invalid and unenforceable, then such
portion shall be deemed to be severed from this License and shall not affect the remainder thereof.
30. Counterpart Execution This License may be executed in two original counterparts, each of which
shall be deemed an original of this instrument.
31. Additional Provisions
(a) No Implied Waiver No assent, express or implied, to any breach of any one or more of the
agreements hereof shall be deemed or taken to be a waiver of any other breach. Any payment by the Licensee,
or acceptance by the Licensor, of a lesser amount than due under this License shall be treated only as a
payment on account and not as a waiver as to the full amount due. Further, failure of the Licensorto timely make
demand of Licensee for any unpaid amounts, as required herein, shall not be deemed a waiver of the Licensee's
liability to pay same.
(b) Default If any default is made by Licensee in any of the agreements contained herein, it shall
be lawful for the Licensor to declare the term ended, and to enter the Licensed Premises, either with or without
legal process, and to remove the Licensee or any other person occupying the Licensed Premises, using such
force as may be necessary, without being liable for prosecution, or for damages, and to repossess the Licensed
Premises free and clear of any rights of the Licensee. If, at any time, this License is terminated under this
paragraph, the Licensee agrees to peacefully surrender the Licensed Premises to the Licensor immediate upon
termination, and if the Licensee remains in possession of the Licensed Premises, the Licensee shall be deemed
guilty of forcible entry and detainer, and, waiving notice, shall be subject to forcible eviction with or without
process of law.
(c) Safety and Maintenance Licensee agrees to: a) at all times, adhere to Licensor's safety and
security policies as may be provided from time to time by Licensor either verbally or in writing; b) utilize sound
dust control /suppression practices, as approved by Licensor, when using the Licensed Premises and Property
under this License, all at the Licensee's sole expense; c) keep the Licensed Premises in a sightly condition at all
times, all at the Licensee's sole expense; d) keep the entire Licensed Premises free from all rubbish, waste, dirt,
debris, and obstructions of any sort; e) keep the Licensed Premises in a condition as required by law, including
by the ordinances of the city, town or county in which the Licensed Premises are situated; and f) control all
noxious plants and weeds to prevent seeding or spreading by use of mechanical means only.
(d) Not to Record Licensee shall not record this License and such recordation shall permit
Licensor to terminate this License immediately without written notice.
(e) Non - transferable Right This License shall not pass with title to Licensee's personal property or
improvements and shall not run with the Licensed Premises.
(f) Utilities The Licensed Premises are vacant, "as is" and presently without utility services
of any kind. Any such service to the Licensed Premises or the Project shall be at the sole expense of the
Licensee, including, but not limited to permits, licenses, fees and any associated costs of "hook -up," and
must be approved by Licensor in advance. It is expressly agreed that the Licensor will not furnish any
water, whatsoever, for any purpose incidental to the Project.
(g) Protective Bollards Should any transmission towers, being a part of Licensor's utility facilities,
exist on the Licensed Premises, Licensee shall install protective bollards to be placed around such existing
tower(s), with a span of no less than 10 -feet between the bollards and the tower(s), as further dictated by
Licensor.
(h) Liens and Encumbrances Licensee shall keep the Licensed Premises free of all liens and
encumbrances arising out of the Licensee's interest in or activities on the Licensed Premises.
(i) Disclaimer of Warranty Licensee has conducted its own investigation and inspection of the
Licensed Premises and is familiar with the physical condition of the Licensed Premises and surrounding terrain,
and is fully informed as to the existing conditions and limitations. Licensor makes no representation as to the
suitability of the Licensed Premises for use by Licensee and no such representation, or any other
City Council Meeting 09 -26 -05 11
representations, are made by Licensor or shall be implied by operation of law or otherwise.
(j) Costs Licensee shall timely pay all fees, taxes, wages and other charges and expenses in any
manner associated with Licensee's activities under the License.
(k) Compliance with Laws, Rules and Regulations At its sole cost and expense, Licensee
shall give all necessary notices and obtain all required permits, licenses, authorizations and approvals and
shall comply and ensure that all of its employees, licensees, agents, contractors, subcontractors, invitees,
suppliers and other persons comply with all applicable federal, state and local laws, ordinances, governmental
rules and regulations relative to the Licensed Premises and the Project, including those relating to the
preservation of the public health and safety, employment laws, environmental laws, zoning, ordinances, rules
and regulations and those within the Occupational Safety and Hazard Act (OSHA). Licensee shall be liable for
any fines or assessments levied thereunder against Licensee resulting from its acts or omissions hereunder.
(1) Covenant Not to Sue Licensee, for itself and its representatives, hereby releases and
covenants not to sue or bring any action (whether legal or not) against Licensor for injury sustained to
Licensee's person and property or the person and property of Licensee, its employees, licensees, agents,
contractors, invitees and other persons due to or in anywise growing out of or connected directly or indirectly
with (a) the Project and associated activities on the Licensed Premises; (b) his, her or their presence in and
about the Licensed Premises and the Property as a result of or related to this License; (c) the existing
condition of the Licensed Premises; (d) Licensor's actions reasonably necessary to protect its Property and
facilities during emergency conditions; (e) Licensor's right to suspend Licensee's work as provided herein; and
(f) Licensor's exercise of its rights hereunder. Subject and subordinate to the provisions of Paragraphs 13 and
14 hereof, none of the above should be construed to relieve Licensor of its responsibility for negligent acts and
omissions or intentional torts of its employees, agents, contractors, invitees or licensees (exclusive of
Licensee) occurring during the term of this License.
(m) Licensee's Sole Risk and Expense Licensee agrees that use of the Project by the
Licensee hereunder, or its employees, agents, contractors and other persons, shall be at the sole risk and
expense of Licensee.
(n) Security. Licensee, at its sole cost and expense, shall provide all security necessary pursuant to
this License, including that necessary for: 1) Licensee's vehicles, improvements, equipment, supplies and
facilities, and Licensor shall have no liability for any injury, loss or damage arising out of Licensee's failure to
properly provide such security; and 2) protection of Licensor's facilities on the Property, as requested by Licensor.
(o) Condemnation In the event of a condemnation or other taking of all or any portion of the
Property by any governmental agency or other party, all proceeds shall be paid to the Licensor hereunder, the
Licensee waiving all right to any such payments.
EXHIBIT A
That portion of TRACT A, REGISTERED LAND SURVEY NO. 262, files of the Registrar of Titles, Ramsey
County, Minnesota, described as follows:
A strip of land 100.00 feet wide, the centerline of said strip being described as follows: Commencing at the
Northeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22;
thence on an assumed bearing of North 89 degrees 44 minutes 58 seconds East along the north line of the
Northeast Quarter of said Section 3, for 535.77 feet; thence southwesterly along a non - tangential curve for
908.99 feet, concave to the southeast, radius 850.00 feet, central angle 61 degrees 16 minutes 20 seconds,
the chord of the said curve bears South 59 degrees 06 minutes 48 seconds West to the beginning of the line
to be described; thence South 28 degrees 28 minutes 38 seconds West for 1007.59 feet to a point of
curvature; thence southwesterly along a tangential curve for 495.09 feet, concave to the northwest, radius
460.00 feet, central angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25
seconds West for 200.00 feet and said centerline there terminating. The sidelines of said strip are to be
prolonged or shortened to terminate along the easterly and southerly lines of Tract A of Registered Land
Survey No. 262.
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Together with all that part of the above - described Tract A which lies northerly and northwesterly of the above -
described strip of land and which lies southerly and southeasterly of a line drawn parallel and concentric with
and distant 40.00 feet northerly and northwesterly from the northerly and northwesterly line of the above -
described strip of land. The sidelines of said part of Tract A are to be prolonged or shortened to terminate on
the easterly, westerly and southerly lines of said Tract A. (NOTE: As to that part of the said Tract A which is
described in this paragraph, the Purchase Agreement shall provide for the acquisition by Licensee of only a
temporary construction easement for construction purposes over said parcel, not fee title thereto.)
Together with all that part of the above - described Tract A which lies southerly and southeasterly of a line
drawn parallel and concentric with and distant 50.00 feet southerly and southeasterly from the following
described line and its extensions: Commencing at the northeast corner of the Northeast Quarter of the
Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees
44 minutes 58 seconds East along the north line of the Northeast Quarter of said Section 3, for 535.77 feet;
thence southwesterly for 908.99 feet along a non - tangential curve, concave to the southeast, radius 850.00
feet, central angle 61 degrees 16 minutes 20 seconds, the chord of the said curve bears South 59 degrees 06
minutes 48 seconds Westto the beginning of the line to be described; thence South 28 degrees 28 minutes 38
seconds West for 1007.59 feet to a point of curvature; thence southwesterly for 495.09 feet along a tangential
curve, concave to the northwest, radius 460.00 feet, central angle 61 degrees 39 minutes 58 seconds; thence
North 89 degrees 51 minutes 25 seconds West for 200.00 feet and said line there terminating.
MEMORANDUM OF OPTION
THIS MEMORANDUM OF OPTION, made and entered into this day of
2005, by and between Country View Golf Center, Inc., a Minnesota corporation ( "Purchaser ") and the City of
Maplewood, a Minnesota municipal corporation ( "City ").
WHEREAS, the City has acquired a parcel adjacent to the Purchaser's parcel;
WHEREAS, after the City finishes constructing the right -of -way on the parcel, there will remain excess
property;
WHEREAS, the City has determined the amount of excess property that will be available after the
construction of the right -of -way;
WHEREAS, the Purchaser is interested in purchasing this excess property from the City; and
NOW THEREFORE, in consideration of a payment of $1.00 by Purchaser to City, the City agrees to
grant to Purchaser an option to purchase that parcel identified as the Xcel Energy parcel as set forth and
identified in attached Exhibit A and made a part hereof ( "Xcel Energy Parcel "). The City hereby grants to
Purchaser the option to purchase the Xcel Energy Parcel at a purchase price of two hundred and forty two
thousand, three hundred and twenty dollars ($242,320.00). The Xcel Energy Parcel shall be sold by the City
to Purchaser "as is." This Option shall commence on the date of execution of this Memorandum and expire on
August 31, 2006. In the event that the Purchaser sells its adjoining property, before the Xcel Energy Parcel
has been conveyed to it or a third party purchaser, then this Option may be assigned by Purchaser and this
Option shall run with the Xcel Energy Parcel and burden the Xcel Energy Parcel. This right shall continue to
run with the Purchaser's property and shall be binding on and to the benefit of all successors and assigns of
the Property. Upon the expiration of this Memorandum of Option, the Purchaser understands and agrees that
it has no rights or interest in the Xcel Energy Parcel.
This Memorandum of Option represents the entire understanding between the City and the Purchaser
and all prior Agreements, either oral or written, with the exception of the parties' Settlement Agreement and
Option, are hereby declared null and void. Any amendment to this Memorandum of Option shall only be
effective upon reduction to writing, with said writing to be executed by both the City and Purchaser.
If any provision of this Memorandum of Option shall be held to be invalid in any court of competent
jurisdiction, the invalidity of such provision shall not affect any other provisions.
IN WITNESS WHEREOF, the City and the Purchaser have caused this Memorandum of Option to be
City Council Meeting 09 -26 -05 13
executed and delivered as of the date first written above.
7. County Road D Realignment Improvements (TH 61 to Hazelwood) — City Project 02 -07 —
Approve Joint Powers Agreement with Ramsey County for Bruce Vento Trail
Improvements
Approved the following Cooperative Agreement with Ramsey County, the Interim Temporary
Recreational Trail Easement and the Permanent Trail Easement:
RAMSEY COUNTY
COOPERATIVE AGREEMENT WITH
CITY OF MAPLEWOOD
Agreement between Maplewood: Estimated
the County of Ramsey Amount Receivable from
and the City of Maplewood Ramsey County for
Preliminary Engineering,
Final Engineering and
Construction: $319,200.00
Re: Preliminary Design, Final Design and Construction of:
Bruce Vento Trail — Beam Avenue to Buerkle Road
Attachment: County Road D Improvements (CP 02 -07) Bid Tabulation
THIS AGREEMENT, by and between the City of Maplewood, Minnesota, a municipal corporation,
hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota,
hereinafter referred to as the "County';
WITNESSETH:
WHEREAS, the parties propose to enter into a joint agreement (PW 2004 -) to provide for the
preliminary design, final design and construction of the Bruce Vento Trail from Beam Avenue to Buerkle
Road, hereinafter referred to as the "Project "; and
WHEREAS, Ramsey County has received State grant funding to pay for the design and
construction costs for the Project; and
WHEREAS, the City and the County desire to retain the services of a professional engineering
consultant to provide preliminary design, final design and construction phase services for the Project;
WHEREAS, the City and the County desire to award a contract through a public bidding process
for the construction of the Project;
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
The City shall retain the services of a professional engineering consultant to provide the preliminary
design, final design and construction phase services for the Project.
Preliminary and final design plans developed by the City shall be submitted to the County for review and
approval.
The County shall cooperate with the City's consultant in the preparation of the preliminary and final design
plans as may be beneficial to the timely completion of the Project.
The County, without cost to the City or Consultant, will supply for use in the design all available materials
previously prepared for the Project. This shall include plans for other completed segments of the trail
construction and digital mapping in AutoCAD format.
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The City shall administer the contract for consultant engineering services and make payment for all
services rendered. The City shall invoice County for the costs paid to the consultant by the City.
The City shall invoice the County periodically for preliminary and final design services for the Project at a
cost not to exceed $14,800.00. Costs for preliminary and final design services in excess of $14,800.00
will require an amendment to this agreement.
The City shall award and administer a construction contract for the construction of the Project. The City
shall invoice Ramsey County for the costs paid to the contractor by the City.
The City shall invoice the County periodically for construction costs for the Project at a cost not to exceed
$279,400.00, including removal and disposal of railroad track and ties. Construction costs in excess of
$279,400.00 will require an amendment to this agreement. Construction costs will be paid to the
contractor on a unit price basis using the unit prices shown on the attached bid tabulation.
The City shall invoice the County periodically for construction administration, staking and inspection
services associated with the Project at a cost not to exceed $25,000.00. Costs for construction
administration, staking and inspection services in excess of $25,000.00 will require an amendment to this
agreement.
City and the County agree to indemnify each other and hold each other harmless from any and all claims,
causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to,
interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or
resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused
to fourth parties as a result of the manner in which the City or the County perform or fail to perform duties
imposed on each party by terms of this agreement. Nothing herein shall be deemed a waiver of the
statutory limits of liability on either party.
It is understood and agreed by the parties hereto that this agreement shall not be modified or amended
except in writing duly signed by each of the parties.
This agreement shall remain in full force and effect until terminated by mutual agreement of the City and
the County.
It is agreed that nothing contained in this Agreement is intended or should be construed as creating the
relationship of agents, partners, joint venturers, or associates between the parties hereto or as constituting
the City or any of its Contractors as employees of the County for any purpose or in any manner
whatsoever. The City and its Contractors are independent contractors and neither they, their employees,
agents, nor representatives are employees of the County. From any amounts due the City, there will be
no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any purposes
which are associated with an employer - employee relationship unless required by law. Payment of federal
income tax, FICA payments, and state income tax are the responsibility of the City.
It is the responsibility of the City to require its contractors to purchase and maintain such insurance as will
protect the County from claims which may arise out of or result from operations of the Contractor under
the terms of this Agreement.
However, the City shall require the Contractor to purchase and maintain the following coverages, if
required, as indicated below:
a. Auto Liability, including hired and non - owned, if Contractor is driving on behalf of the County as
part of Contractor's services under this agreement.
b. Professional Liability /Errors and Omissions, if Contractor is providing architectural,
engineering, legal, or medical services.
c. Workers' Compensation as required by Minnesota Statutes.
City Council Meeting 09 -26 -05 15
Declination of Workers' Compensation Coverage In accordance with Minnesota law,
Contractor is not required to carry Workers' Compensation Insurance and Contractor elects not
to purchase the coverage.
(Contractor to sign and date if applicable) Date
Until the expiration of six years after the furnishing of services pursuant to this Agreement, the City, upon
written request, shall make available to the County, the State Auditor, or the County's ultimate funding
source, a copy of this Agreement, and the books, documents, records, and accounting procedures and
practices of the City relating to this Agreement.
The City agrees that, in the hiring of all labor for the performance of any work under this Agreement, that it
will not by reason or race, creed, color, gender, sexual preference, marital status, status with regard to
public assistance, age, religion, national origin or disability, discriminate against any person who is a
citizen of the United States and who qualifies and is available to perform the work to which such
employment relates. When required by law or requested by the County, City shall furnish a written
affirmative action plan.
All data collected, created, received, maintained or disseminated for any purposes in the course of City's
performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minn.
Statutes Chapter 13, or any other applicable State statutes, any State rules adopted to implement the Act
and statutes, as well as federal laws and regulations on data practices.
The purchase of services from the City under this Agreement is subject to the availability and provision of
funding from the United States, the State of Minnesota, or other funding sources. The County may
immediately cancel this Agreement, or a portion of the services to be provided under the Agreement, if the
funding for the services is no longer available to the County. Upon receipt of the County's notice of
cancellation of the Agreement, or of a portion of the services to be provided under this Agreement, the City
shall take all actions necessary to discontinue further commitments of funds to the extent they relate to
the Agreement or the portions of this Agreement for which funding has become unavailable.
The City agrees to implement and comply with applicable provisions of the Health Insurance Portability
and Accountability Act of 1996 (HIPAA, Public Law 104 -191), as it may be amended from time to time.
This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All
litigation regarding this Agreement shall be venued in the appropriate State or Federal District Court in
Ramsey County, Minnesota.
This Agreement is complete and supersedes all oral agreements and negotiations between the parties as
well as any previous agreements presently in effect between the parties relating to the service identified
herein.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed.
INTERIM TEMPORARY
RECREATIONAL TRAIL EASEMENT
The City of Maplewood, a political subdivision of the State of Minnesota (the City) in consideration
of the sum of One Dollar ($1.00), the mutual promises and covenants herein, and other good and valuable
consideration, does hereby grant, convey, and quitclaim to the County of Ramsey, a political subdivision of
the State of Minnesota (the County) an interim easement (the Interim Easement) for the construction,
operation, use, and maintenance of a public trail or trails over and upon the following illustrated property
located in the County of Ramsey, State of Minnesota, to -wit:
SEE ATTACHED EXHIBIT A
said Interim Easement is subject to vacation and revocation by the City, its successors or assigns, as
City Council Meeting 09 -26 -05 16
provided herein.
The parties agree and acknowledge that the City has acquired the railroad right -of -way over which the
Interim Easement is granted (the Corridor) with the intent to convey the Corridor to the Ramsey County
Regional Railroad Authority (RCRRA) for the purposes of preserving the Corridor for future transit
purposes, including construction, operation, and maintenance of a Light Rail Transit system (LRT) within
the corridor (the Transitway), and that the Interim Easement will become subordinate to such use and any
trail or trails constructed by the County shall be subject to the following terms:
Any trail or portion of trail constructed within the Interim Easement area shall be subject to
removal to accommodate transit needs. At such time as the RCRRA elects to construct
transit improvements within the Corridor, it may, in its sole discretion, terminate the Interim
Easement upon one (1) year's notice to the County. Upon such notice, the County, at its
expense, shall vacate the Interim Easement and, at its expense, remove any trail or trails
from the Interim Easement.
2. The RCRRA shall have the sole, final and exclusive right to determine when it will construct
a transit system, the nature and kind of transit system to be constructed, the location of the
transit system within the Corridor, and the nature and kind of safety features which will be
required for the trail or trails.
3. The County shall, at the request of the RCRRA, close the trail in whole or in part, during the
construction of transit improvements by the RCRRA.
4. The County shall be responsible for security and maintenance of the Corridor, including but
not limited to keeping the Corridor free of trash, garbage, refuse, noxious weeds, and other
general maintenance. At such time as the RCRRA uses the Corridor for transit purposes, it
shall be responsible for such security and maintenance.
5. This easement shall be freely assignable by the City, and City's assignee shall be bound by
the terms of said easement.
6. Except as otherwise provided herein, this agreement and the rights and obligation of the
parties hereunder may be modified or terminated only by the mutual consent of all parties.
All amendments or modifications shall be in writing and approved by the governing body of
the respective parties to this agreement or their successors and assigns.
7. The County hereby agrees to defend, indemnify and hold RCRRA harmless from and
against any and all claims, proceedings, causes of action, lawsuits, losses, damages,
whether direct, indirect, or otherwise, costs and expenses, including attorney's fees related
to or arising out of the County's use of the Interim Easement area.
The County acknowledges that it does not carry commercial liability insurance for bodily
injury, personal injury, property damage or workers' compensation but has in effect, a
program of self- insurance. It is further acknowledged that the County's liabilities are limited
by the provisions of MN Statute, Chapter 466. There is no waiver of the County of any of
the protections set forth therein.
The County shall not transfer, assign, sell, lease, license, or otherwise convey its interest in
this Interim Easement to any other party without the prior written consent of RCRRA, its
successors or assigns. The granting or withholding of such consent is solely within the
discretion of RCRRA and may be subject to any additional conditions that RCRRA feels
appropriate.
The County shall be responsible for paying any taxes, special assessments, or other
charges levied on the property described on Exhibit A during the time that the easement
areas described therein are being used by the County for trail purposes. In the event taxes,
City Council Meeting 09 -26 -05 17
fees, special assessment or other charges are made or levied against the Corridor by an
entity other than the County, the County shall pay one sixth (1/6) of any such tax, fee,
special assessment or other charge; provided, however, that if the County is delinquent in
the payment of its share of such tax, fee, special assessment or other charge, and as a
result of such delinquency a penalty is assessed or interest accrues, the County shall pay
all such penalty and accrued interest.
10. If the County abandons its use of the Interim Easement for trail purposes, this Interim
Easement and all of the County's rights hereunder shall terminate two (2) years after such
abandonment. Abandonment under this section shall be deemed to have occurred if one or
more of the following events occurs:
a. The County notifies RDRRA in writing and by resolution of its governing body of its
intent to abandon use of the Corridor for trail purposes. In this instance, the County
shall provide to RCRRA a suitable Quit Claim deed, properly executed and in
recordable form, whereby the County relinquishes to RCRRA all rights granted by this
Interim Easement; or
b. The County ceases to maintain the trail in a manner which assures the safety of the
users of the Corridor; or
c. If, in the opinion of RCRRA, the County has abandoned its use of the Corridor for trail
purposes; or
d. Failure by the County to pay its share of any tax, special assessment, fee, or other
charge pursuant to paragraph 11 hereof.
In the event of constructive abandonment pursuant to paragraphs 10(b), 10(c), or 10(d),
RCRRA shall notify the County of its opinion and state with specificity the acts or failures to act
which lead it to believe such abandonment has occurred. The County shall have six (6) months
after such notice to notify RCRRA that it does not intend to abandon the Corridor for trail purposes,
and shall specify the corrective actions it intends to take to remedy the issues identified by RCRRA
in its notice to the County. If the County fails to provide such notice within the six -month period,
abandonment shall be deemed to have occurred on the date RCRRA notified the County of its
opinion that the Corridor has been abandoned.
Upon abandonment, the County shall be responsible for restoring the Corridor and
removing all signs, trail material, fencing, and any other improvements erected in connection with
its use of the Corridor for trail purposes, at its sole cost and at no cost to RCRRA. Provided,
however, that RCRRA may require the County to leave any or all fixtures or improvements on the
Corridor, without cost to RCRRA, which fixtures or improvements shall become the property of
RCRRA upon abandonment.
11. This Interim Easement does not establish a permanent park, recreation area, or wildlife or
waterfowl refuge facility that would become subject to federal law, 49 U.S.C. 303, or any
other Federal, State, or local statute, ordinance or regulation.
12. Any written notices required under this agreement shall be addressed as follows:
RCRRA: Ramsey County Regional Railroad Authority
Ramsey County Government Center West, Suite 665
50 West Kellogg Boulevard
St. Paul, MN 55102
RE:
13. This Interim Easement is non - exclusive and is granted subject to the outstanding rights of
others to occupy the Corridor. The City does not warrant its title to the Corridor.
City Council Meeting 09 -26 -05 18
14. If the RCRRA does not purchase or otherwise acquire the Corridor from the City by June 1,
2006, then the Interim Easement granted herein shall become a permanent easement. The
City and County shall execute whatever documents are necessary to vacate any other
permanent easement for trail purposes granted by the City to the County to the extent such
easement is not needed for trail purposes. The City and County shall thereafter extablish
this Interim Easement as a permanent easement. At such time as this occurs, the County's
obligations to the RCRRA hereunder shall continue unaffected by such transfer of interest
to the RCRRA.
This easement shall run with the land and inure to the benefit of and be binding upon the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have signed this Easement on the day
and year first above written.
PERMANENT
RECREATIONAL TRAIL EASEMENT
The City of Maplewood, a political subdivision of the State of Minnesota (the City) in consideration
of the sum of One Dollar ($1.00), the mutual promises and covenants herein, and other good and valuable
consideration, does hereby grant, convey, and quitclaim to the County of Ramsey, a political subdivision of
the State of Minnesota (the County) a perpetual easement (the Easement) for the construction, operation,
use, and maintenance of a public trail or trails over and upon the following described property located in
the County of Ramsey, State of Minnesota, to -wit:
SEE ATTACHED EXHIBIT A
The parties agree and acknowledge that the City has acquired railroad right -of -way over which the
Easement is granted (the Corridor) with the intent to convey the Corridor to the Ramsey County Regional
Railroad Authority (RCRRA) for the purposes of preserving the Corridor for future transit purposes,
including construction, operation, and maintenance of a Light Rail Transit system (LRT) within the Corridor
(the Transitway), and that the Easement will become subordinate to such use and any trail or trails
constructed by the County shall be subject to the following terms:
15. The County shall submit all plans for the design and construction of trail or trails to the
RCRRA for approval, which will not be unreasonably withheld.
16. The RCRRA shall have the sole, final and exclusive right to determine when it will construct
a transit system, the nature and kind of transit system to be constructed, the location of the
transit system within the Corridor, excluding the Easement, and the nature and kind of
safety features which will be required for the trail or trails.
17. The County shall, at the request of the RCRRA, close the trail in whole or in part, during the
construction of transit improvements by the RCRRA.
18. The County shall be responsible for security and maintenance of the Corridor, including but
not limited to keeping the Corridor free of trash, garbage, refuse, noxious weeds, and other
general maintenance. At such time as the RCRRA uses the Corridor for transit purposes, it
shall be responsible for such security and maintenance, except for the Easement area,
which will remain the responsibility of the County.
19. This permanent easement shall be freely assignable by the City, and City's assignee shall
be bound by the terms of said easement.
20. Except as otherwise provided herein, this agreement and the rights and obligation of the
parties hereunder may be modified or terminated only by the mutual consent of all parties.
All amendments or modifications shall be in writing and approved by the governing body of
the respective parties to this agreement or their successors and assigns.
City Council Meeting 09 -26 -05 19
21. The County hereby agrees to defend, indemnify and hold RCRRA harmless from and
against any and all claims, proceedings, causes of action, lawsuits, losses, damages,
whether direct, indirect, or otherwise, costs and expenses, including attorney's fees related
to or arising out of the County's use of the Easement area.
The County acknowledges that it does not carry commercial liability insurance for bodily
injury, personal injury, property damage or workers' compensation but has in effect, a
program of self- insurance. It is further acknowledged that the County's liabilities are limited
by the provisions of MN Statute, Chapter 466. There is no waiver of the County of any of
the protections set forth therein.
22. The County shall not transfer, assign, sell, lease, license, or otherwise convey its interest in
this Easement to any other party without the prior written consent of RCRRA, its
successors or assigns. The granting or withholding of such consent is solely within the
discretion of RCRRA and may be subject to any additional conditions that RCRRA feels
appropriate.
23. The County shall be responsible for paying any taxes, special assessments, or other
charges levied on the property described on Exhibit A during the time that the easement
areas described therein are being used by the County for trail purposes. In the event taxes,
fees, special assessment or other charges are made or levied against the Corridor by an
entity other than the County, the County shall pay one sixth (1/6) of any such tax, fee,
special assessment or other charge; provided, however, that if the County is delinquent in
the payment of its share of such tax, fee, special assessment or other charge, and as a
result of such delinquency a penalty is assessed or interest accrues, the County shall pay
all such penalty and accrued interest.
24. Any written notices required under this agreement shall be addressed as follows:
RCRRA: Ramsey County Regional Railroad Authority
Ramsey County Government Center West, Suite 665
50 West Kellogg Boulevard
St. Paul, MN 55102
RE:
25. This Easement is non - exclusive and is granted subject to the outstanding rights of others to
occupy the Corridor. The City does not warrant its title to the Corridor.
26. If the RCRRA does not purchase or otherwise acquire the Corridor from the City by June 1,
2006, then the Interim Easement granted herein shall become a permanent easement. The
City and County shall execute whatever documents are necessary to vacate the easement
shown on Exhibit A and establish the Interim Easement as a permanent easement. At such
time as this occurs, the County's obligations to the RCRRA hereunder shall lapse and be of
no further force or effect. If the RCRRA acquires the City's interest in the permanent and
Interim Easement areas on or before June 1, 2006, then the County's obligations to the
RCRRA hereunder shall continue unaffected by such transfer of interest to the RCRRA.
This easement shall run with the land and inure to the benefit of and be binding upon the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have signed this Easement on the day and
year first above written.
Lift Station #18 Rehabilitation Project — City Project 05 -29 — Authorize Project for 2006
Program
City Council Meeting 09 -26 -05 20
Authorized the City Engineer to begin the Lift Station #18 Rehabilitation Project and directed the
Finance Director to transfer $50,000 form the Sanitary Sewer Fund to a capital project fund for the
purpose of implementing this project.
9. Second Reading — Ordinance Change Fee Waivers
Adopted the second reading of the following ordinance amendment regarding Fee Waivers:
The city code currently reads:
Sec. 2 -7. Waiver of license or permit fee for city events.
The city council may waive any requirements for payment of a license fee or permit fee for any
city- sponsored event.
Staff is requesting that the current code be amended to permit administrative approval on these
types of fee waivers. Any fee waiver that requests intoxicating liquor would continue to be
brought to council for approval.
Sec. 2 -7. Waiver of license or permit fee for city events.
The city GA nsil manager or his designee may waive any requirements for payment of a license
fee or permit fee for local organizations, non - profits and any-city- sponsored events.
Councilmember Juenemann moved to approve consent agenda items 1 -9.
Seconded by Councilmember Koppen Ayes-All
H. PUBLIC HEARINGS
None
I. AWARD OF BIDS
1. Award of Bid — Ambulance
a. City Manager Fursman presented the report.
b. Fire Chief Lukin presented specifics from the report.
Councilmember Juenemann moved to award the bid of $106,780 to Road Rescue for a new
ambulance for the Fire Department.
Seconded by Councilmember Koppen Ayes-All
J. UNFINISHED BUSINESS
None
K. NEW BUSINESS
1. Khushvinder Singh — Off -Sale Intoxicating Liquor License — A -1 Liquor Store
City Clerk Guilfoile informed council that Mr. Singh withdrew his request for an intoxicating
liquor license.
City Council Meeting 09 -26 -05 21
K and W Roll -offs (1055 Glervais Avenue)
a. Conditional Use Permit (Outdoor Storage)
b. Conditional Use Permit (Commercial Building within 350 feet of residential district)
C. Design Approval
a. City Manager Fursman presented the report.
b. Assistant City Manager /Community Development Director Coleman presented specifics
from the report.
C. Commissioner Kaczrowski representing the Planning Commission was present to give a
report.
d. Boardmember Longrie representing the Community Design Review Board was present to
give a report.
d. The applicants Kristopher and Wesley Scherping were present to answer questions from
the council.
e. The following persons were heard:
Tom Geibel (owner of property at 1081 East Highway 36)
Tom Geibel, second appearance
Councilmember Koppen moved to adopt the following resolution approving a conditional use
permit for the outdoor storage of roll -off containers, trailers and associated materials on the
property at 1055 Gervais Avenue:
CONDITIONAL USE PERMIT RESOLUTION 05 -09 -144
WHEREAS, Mr. Kristopher Scherping, representing K and W Roll -offs, applied for a conditional use
permit (CUP) to have an outdoor storage area.
WHEREAS, this permit applies to property at 1055 Gervais Avenue.
WHEREAS, the legal description of the property is:
The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29,
Range 22, Ramsey County, Minnesota. (PIN 09- 29 -22 -24 -0038)
WHEREAS, the history of this conditional use permit is as follows:
1. On September 6, 2005, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning commission
gave persons at the hearing a chance to speak and present written statements. The commission
also considered reports and recommendations of the city staff. The planning commission
recommended that the city council approve the conditional use permit.
2. On September 26, 2005, the city council discussed the proposed conditional use permit. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional
use permit, because:
The use would be located, designed, maintained, constructed and operated to be in conformity
with the city's comprehensive plan and code of ordinances.
City Council Meeting 09 -26 -05 22
The use would not change the existing or planned character of the surrounding area.
The use would not depreciate property values.
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.
The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the project plans as approved by the city. This shall include
providing a driveway to the gate of the storage yard, subject to the requirements of the fire
marshal.
2. The approved exterior storage is limited to roll -off containers, trailers and vehicles associated
with a roll -off delivery business. All vehicles must be licensed and operable.
3. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque
around the perimeter of the outdoor storage area. The owner shall maintain and repair the
fence so that it remains in good condition and 100 percent opaque.
4. There shall be no noise - making business activity conducted in the property, or made by
vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday and
on Sunday as required by city code.
5. The proposed construction and the outdoor storage on the property must be substantially
started within one year of council approval or the permit shall become null and void. The
council may extend this deadline for one year.
6. The city council shall review this permit in one year.
7. The city council may require more parking spaces should the need arise.
8. The property owner shall keep the site clean of debris and shall cut or remove any noxious
weeds.
9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to
the site. There shall be no truck traffic from this business on Cypress Street.
Seconded by Councilmember Juenemann Ayes - Councilmembers Koppen,
Juenemann
Nay — Councilmember Rossbach
City Council Meeting 09 -26 -05 23
Abstain — Mayor Cardinal
Vote carried by majority.
Councilmember Koppen moved to adopt the following resolution approving a conditional use
permit for the construction of a 40 by 49 foot storage building within the M -1 (light manufacturing)
zoning district that would be within 350 feet of a residential zoning district (at 1055 Gervais
Avenue):
CONDITIONAL USE PERMIT RESOLUTION 05 -09 -145
WHEREAS, Mr. Kristopher Scherping, representing K and W Roll -offs, applied for a conditional use
permit (CUP) to construct a commercial building within 350 feet of a residential district.
WHEREAS, this permit applies to property at 1055 Gervais Avenue.
WHEREAS, the legal description of the property is:
The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29,
Range 22, Ramsey County, Minnesota. (PIN 09- 29 -22 -24 -0038)
WHEREAS, the history of this conditional use permit is as follows:
On September 6, 2005, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning commission
gave persons at the hearing a chance to speak and present written statements. The commission
also considered reports and recommendations of the city staff. The planning commission
recommended that the city council approve the conditional use permit.
2. On September 26, 2005, the city council discussed the proposed conditional use permit. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional
use permit, because:
The use would be located, designed, maintained, constructed and operated to be in conformity
with the city's comprehensive plan and code of ordinances.
The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run -off, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
City Council Meeting 09 -26 -05 24
The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
The approved exterior storage is limited to roll -off containers, trailers and vehicles associated
with a roll -off delivery business. All vehicles must be licensed and operable.
2. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque
around the perimeter of the outdoor storage area. The owner shall maintain and repair the
fence so that it remains in good condition and 100 percent opaque.
3. There shall be no noise - making business activity conducted in the property, or made by vehicles
entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday and on
Sunday as required by city code.
4. The proposed construction and the outdoor storage on the property must be substantially
started within one year of council approval or the permit shall become null and void. The
council may extend this deadline for one year.
5. The city council shall review this permit in one year.
Seconded by Councilmember Juenemann Ayes - Councilmembers Juenemann
and Koppen
Nay — Councilmember Rossbach
Abstain —Mayor Cardinal
Vote carried by majority.
Councilmember Koppen moved to approve the plans dated August 15, 2005, for K and W Roll -offs
outdoor storage facility and for a 1,960- square -foot storage building at 1055 Gervais Avenue. The city
bases this approval on the findings required by the code. The property owner or applicant shall:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2.Complete the following before the city issues a building permit:
Have the city engineer approve final construction and engineering plans. These plans shall
include: grading, utility, drainage, erosion control, tree, sidewalk and driveway plans. The
plans shall meet the following conditions and shall also meet all the conditions and changes
noted in Chuck Vermeersch's memo dated August 26, 2005:
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation and contour information for the site.
(b) Include contour information for the land that the construction will disturb.
(c) Show sedimentation basins or ponds as may be required by the watershed board or
by the city engineer. The pond(s) shall have the required storm water capacity.
(d) Show details about the proposed fence including the materials, gate, height and
color.
City Council Meeting 09 -26 -05 25
(3) The tree plan shall:
(a) Be approved by the city engineer.
(b) Include an inventory of all existing large trees on the site and shall show where the
developer will remove, save or replace large trees.
(c) Show the size, species and location of the replacement trees. The coniferous trees
shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian
pine.
(d) Be consistent with the approved grading and landscape plans and shall show no
tree removal beyond the approved grading and tree limits.
(4) The design of the ponding area and the rainwater garden(s) shall be subject to the
approval of the city engineer. The developer shall be responsible for getting any
needed off -site utility, grading or drainage easements and for recording all necessary
easements.
b. Submit a certificate of survey for all new construction and have the storage building staked by
a registered land surveyor.
c. Submit a revised landscape plan to staff for approval which incorporates the following details:
(1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within
the ponding area.
(2) The addition of trees for screening along the north side of the site.
(3) The developer shall install landscaping in the ponding area to break the appearance of
the deep hole and to promote infiltration. Such landscaping shall be approved by the city
engineer and shall be shown on the project landscape plans.
(4) The manicured or mowed areas from the natural areas. This shall include planting
(instead of sodding) the disturbed areas around the ponding area with native grasses and
native flowering plants. The native grasses and flowering plants shall be those needing
little or no maintenance and shall extend at least four feet from the ordinary high water
mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the
temptation of mowers to encroach into the gardens. Specifically, the developer shall have
the natural areas seeded with an upland mixture and lowland mixtures as appropriate.
(5) In addition to the above, the contractor shall sod all front, side and rear yard areas
(except for mulched and edged planting beds and the area within the ponding area).
(6) Adding at least six more evergreen trees (Black Hills spruce or Austrian pines) along the
north property line of the site. These trees are to be at least eight feet tall, and the
contractor shall plant these trees in staggered rows to provide screening for the houses to
the north.
(7) Shall be approved by the city engineer before site grading and shall be consistent with
the approved grading and landscape plans.
Present to staff for approval colored building elevations or building material samples of the
wall panels, standing seam roof, trim, doors, wainscot, and fence slats. These elevations
should clearly show the colors and materials of the proposed storage shed.
City Council Meeting 09 -26 -05 26
e. A revised site plan showing the driveway with a width of at least 20 feet that is paved between
the street and the storage lot. Any gate along this driveway also must open to a 20 -foot width.
The requirement for underground irrigation is waived if the applicants and owners agree to
hand -water all landscaping and that they agree to replace any required landscape material
that dies.
g. If there is to be any additional outdoor lighting, a photometric plan showing that any
freestanding lights would not exceed 25 feet in height, including the base, and the light
illumination from any outdoor light would not exceed .4 foot candles at all property lines.
h. If trash is to be stored outside of the house or the storage building, plans for a trash - dumpster
enclosure is required. The enclosure must have gates that are 100 percent opaque, and the
materials and colors of the enclosure shall be compatible with those of the metal building.
The city approves the limestone parking surface for this business with the conditions that the
owners not wash or clean the roll -off containers on the site and that the operators not store
any organic materials or garbage in the roll -off containers.
A letter of credit or cash escrow for all required exterior improvements. The amount shall be
150 percent of the cost of the work.
k. Revised building plans for the storage shed that include a concrete floor.
3. Complete the following before occupying the new building or the site:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards and sod all turf areas.
c. Complete all landscaping and tree planting and the rainwater garden(s) (if required).
d. Install an in- ground sprinkler system for all lawn and landscape areas of the site unless the
applicants:
(1)Provide an alternate watering method acceptable to staff to keep the trees and plantings
watered.
(2)Agree to hand -water all landscaping and trees and replace any required landscape material
that dies.
e. The eight- foot -tall chain link fence must:
(1) Have a top rail and have dark green slats around the entire storage yard.
(2) Receive a building permit from the city before installation.
f. Install an eight- foot -high screening fence and additional trees along the north property line of
the site where the vegetation does not adequately screen the new storage shed from the
existing dwellings to the north. These additional materials are to ensure there is at least an
eight- foot -tall, 100 percent opaque screen on these sides of the site. The location, design and
materials of the fence or the additional landscaping shall be subject to city staff approval.
g. Construct a trash dumpster enclosure if there will be any outdoor storage of refuse. The
enclosure must match the building in color and materials and shall have a closeable gate that
is 100 percent opaque.
h. The developer or contractor shall:
City Council Meeting 09 -26 -05 27
(1) Complete all grading for the site drainage, complete all public improvements and meet
all city requirements.
(2) Place temporary orange safety fencing and signs at the grading limits.
(3) Remove any debris or junk from the site.
(4) Install all required exterior improvements including the parking and storage lot,
installation of landscaping, installation of fence slats, installation of the ponding area,
etc., before occupying the building.
If the owners want to install any site - security lighting, they must do so as allowed by the city
code. Any light sources, including the lens covering the bulb, shall be concealed or shielded so
not to cause any nuisance to vehicle drivers or to adjacent property owners.
The owners shall keep the buildings (including the existing house and garage) painted or
stained and in good repair.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The above - required letter of credit or cash escrow is held by the city for all required exterior
improvements. The owner or contractor shall complete any unfinished landscaping by June 1
of the next year if the building is occupied in the fall or winter, or within six weeks of
occupancy if the building is occupied in the spring or summer.
5. All work shall follow the approved plans. The director of community development may approve
minor changes.
Seconded by Councilmember Juenemann Ayes - Councilmembers Juenemann,
Koppen, Rossbach
Abstain —Mayor Cardinal
Maplewood Business Center Conditional Use Permit (CUP) Reconsideration (1616 Gervais
Avenue)
City Manager Fursman presented the report.
Assistant City Manager Coleman presented specifics from the report.
Councilmember Koppen moved to schedule a public hearing for October 10, 2005 to review the
CUP for the Maplewood Business Center at 1616 Gervais Avenue.
Seconded by Councilmember Juenemann Ayes-All
Police Department Restructure
City Manager Fursman presented the report.
Police Chief Thomalla presented specifics from the report.
Councilmember Koppen moved to approve the creation of two additional sergeant positions and
one additional lieutenant position in the Police Department in an effort to reduce the overtime
budget and have a positive impact on the overall budget.
Seconded by Councilmember Rossbach Ayes-All
City Council Meeting 09 -26 -05 28
5. Gladstone Area Redevelopment Improvements — City Project 04 -21 — Approve Resolution
Receiving Alternative Urban Areawide Review (AUAR) and Authorize Distribution for
Review
a. City Manager Fursman presented the report.
b. Public Works Director AN presented specifics from the report.
C. Brad Schieb with the Hoisington Koegler Group gave an overview of the AUAR
Councilmember Koppen moved to adopt the following resolution that authorizes distribution of the
AUAR for the Gladstone Redevelopment Area according to the Environmental Quality Board (EQB)
distribution list and establishes a 30 -day comment period:
CITY OF MAPLEWOOD
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 05 -09 -146
A RESOLUTION APPROVING DISTRIBUTION FOR PUBLIC COMMENT OF A DRAFT ALTERNATIVE
URBAN AREA -WIDE REVIEW DOCUMENT AND MITIGATION PLAN FOR GLADSTONE AREA
REDEVELOPMENT MASTER PLAN
WHEREAS, on August 8, 2005, the City Council approved resolution #XX -XX, authorizing that an
Alternative Urban Area wide Review ( "AUAR ") be initiated and completed for the Gladstone Area
Redevelopment Master Plan project; and
WHEREAS, the City of Maplewood has conducted a master planning project for the Gladstone Area
Redevelopment Master Plan that has included a number of public meetings and workshops; and
WHEREAS, the City of Maplewood has prepared a draft AUAR document that evaluates the
cumulative environmental impacts of two alternative development scenarios, one based on the
Comprehensive Plan and one based on a draft of the Gladstone Area Redevelopment Master Plan; and
WHEREAS, EQB guidance calls for a mandatory 30 -day public review and comment period on the
draft AUAR document that commences with publication in the EQB Monitor; and
WHEREAS, the next publication date for the EQB Monitor is October 10 with a public comment
deadline of November 9 1h .
NOW, THEREFORE, BE IT RESOLVED, bythe City Council of the City of Maplewood, Minnesota, that
the draft AUAR environmental analysis document for the Gladstone Area Redevelopment Master Plan be
distributed for public comment commencing on October 10 and running to November 9 in accordance with
Minnesota Environmental Quality Board Environmental Review Program procedures.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 26 th DAY OF
SEPTEMBER 2005.
Seconded by Councilmember Juenemann Ayes -All
6. Beaver Lake School Drainage, City Project 04 -35 — Approve Agreement with School
District 622
a. City Manager Fursman presented the report.
b. City Engineer AN presented specifics from the report.
City Council Meeting 09 -26 -05 29
Councilmember Koppen moved to accept the Feasibility Study and approved the following
agreement with ISD 622:
AGREEMENT FOR WORK ON PRIVATE PROPER fY
(Erosion Repair. Grading, and Restoration)
A feasibility study has been done to invest igate the repair of erosion occurring at the Deaver Lake
Elementary School (I'SD 622 property) Since there is some public benefit assoc ated with this
work (protoction of the slope along the south edge of Geranium Park) the feasibility study
proposes that the repairs be done by the City of Maplewood Public ytlorks Department, and all
costs, including preparation of the feasibility study, be billed to Independent School District 622.
The work is subject to the fallowing conditions:
t. , 4 V Independent School District 622 has received a copy of the feasibility study for the
Beaver rake School Erosion Repair, City Project 04 -35. and concurs with the findings of
the report
' I' 1 .
2. The Maplewood Public Works Department will perform all work asso.^ ated with the
repair of the erosion, grad ng, and restoration.
3. r* The Independent School District 622 agrees to reimburse the city for all costs
associated with the repair of the erosion, grading, and restoration (estimated cost:
$13,00 f).
4. Independent School District 622 hereby grants the city right of entry to its property
in order to perform the above descreed work.
CHUCK VERMEERSCH, P.E
MAPLEWOOD ENGINEERING
I hereby authorize the City of Maplewood Public Works Department to perform the erosion
repairs, grading and restoration work as outlined in the feasibility study for the Beaver Lake
School Erosion Repair, City Project 04 -35, and subject to the cond€Lons listed above.
Signature AI/Vr 1 ' Date
Seconded by Councilmember Juenemann Ayes -All
7. Dahl Avenue Street and Utility Improvements for Woodhill Development
a. Resolution Ordering Preparation of Assessment Roll
b. Resolution Ordering Assessment Hearing
a. City Manager Fursman presented the report.
b. City Engineer AN presented specifics from the report.
C. The following persons were heard:
City Council Meeting 09 -26 -05 30
William Kaysar, 6408 81" Avenue North, Brooklyn Park, representing Evelyn Wallace
David Kaysar (did not provide an address)
Adele English, 2578 Linwood, Maplewood
City Attorney Kelly explained where the court case is at this point.
William Kaysar, second appearance
Councilmember Koppen
RESOLUTION 05 -09 -147
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the Dahl Avenue Street and Utility
Improvements for Woodhill Development, City Project 05 -10.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on
the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such
proposed assessment in the city office for inspection.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the council
thereof.
Seconded by Councilmember Rossbach Ayes-All
Councilmember Koppen moved to adopt the resolution ordering the assessment hearing:
RESOLUTION 05 -09 -148
ORDERING ASSESSMENT HEARING
WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an
assessment roll for the Dahl Avenue Street and Utility Improvements, City Project 05 -10, and the said
assessment roll is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall be held on the 24th day of October 2005, at the city hall at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property affected by such
improvement will be given an opportunity to be heard with reference to such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail
notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general nature of
the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and
city engineer and that written or oral objections will be considered.
Seconded by Councilmember Rossbach Ayes-All
Council Vacancy
City Manager Fursman presented the report.
City Council Meeting 09 -26 -05 31
City Attorney Kelly presented specifics from the report.
L.
IMP
N.
Councilmember Koppen moved to direct staff to draft a proposed ordinance regarding special
elections for the October 10, 2005 City Council Meeting.
Seconded by Councilmember Rossbach
Ayes-All
Mayor Cardinal moved to not make a temporary appointment until after the General Election.
Motion died for lack of a second.
VISITOR PRESENTATIONS
Jerry Markie, 1247 Leland Road, Maplewood, was present to express his concerns over the open
council seat due to the resignation of Jackie Monahan - Junek.
X6111,[a]f1111111:2:1 *y=1, Ill re 1 111I[•],6.1
City Clean -up Day is October 15` Further details are available in the City News and on the city
website.
Gladstone Meeting -City Engineer AN announced on September 29 a meeting will be held at the
Maplewood Community Center at 6:30 p.m. to discuss the Gladstone Redevelopment.
ADMINISTRATIVE PRESENTATIONS
City Attorney Kelly requested direction from the council regarding the council appointment process.
Mayor Cardinal moved to adopt the resolution declaring the vacancy of a seat on the City Council
due to the resignation of Councilmember Monahan - Junek.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Rossbach emphasized the importance of advertising the council vacancy in every
way possible to inform the public of the vacancy and to do so in an expeditious fashion.
Councilmember Koppen moved to advertise the vacancy immediately and set a date of October
17` from 5:00 p.m. to 7:00 p.m. to interview applicants for the council appointment. Interviews will
be held in council chambers. Applications will be accepted until 12:00 noon October 14, 2005.
Mayor Cardinal asked for an amendment to the motion stating interviews will be held but no
appointment would be made until after the November 8th election.
Councilmember Koppen denied the amendment to his motion.
Seconded by Councilmember Rossbach
Ayes- Councilmembers Juenemann, Koppen
and Rossbach
Nay -Mayor Cardinal
Councilmember Koppen announced Councilmember Juenemann will be attending the Gladstone
meeting in his absence.
O. ADJOURNMENT
Councilmember Koppen moved to adjourn at 9:47 p.m.
Seconded by Councilmember Juenemann Ayes-All
City Council Meeting 09 -26 -05
32
AGENDA NO. G -1
AGENDA REPORT
TO: City Council
FROM: Finance Director
RE: APPROVAL OF CLAIMS
DATE: October 10, 2005
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:
S 134,000.00 Checks # 68012
dated 9/19/05
S 832,516.49
Checks # 68013 thru # 68090
dated 9/27/05
S 120,144.85
Disbursements via debits to checking account
dated 9/16/05 thru 9/22/05
S 40,818.20
Checks # 68091 thru # 68092
dated 9/26/05 thru 9/28/05
S 503,496.80 Checks # 68093 thru # 68152
dated 10/04/05
S 1,588,445.98 Disbursements via debits to checking account
dated 9/23/05 thru 09/29/05
S 3,219,422.32 Total Accounts Payable
PAYROLL
S 471,157.75 Payroll Checks and Direct Deposits dated 09/23/05
$ 2,406.75 Payroll Deduction check # 102687 thru # 102689
dated 09/23/05
S 473,564.50 Total Payroll
S 3,692,986.82 GRAND TOTAL
Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questior
on the attached listing. This will allow me to check the supporting documentation on file if necessary.
ds
attachments
ciMy Documents \Excel \Miscellaneous \05- AprClms 09 -23 and 09 -30
vchlist Check Register Page: 1
09/26/2005 9:29:53 AM City of Maplewood
Check
Date
Vendor
Description /Account
Amount
68012
9/19/2005
03327 US BANK
CASHIERS CHK - PURCH
134,000.00
68013
9/27/2005
00111 ANIMAL CONTROL SERVICES INC
PATROL & BOARDING FEES 8/27 -
798.49
68014
9/27/2005
01993 BERGER, MERVIN
REIMB FOR MILEAGE 9 -9 TO 9/13
15.04
68015
9/27/2005
01811 BERNATELLO'S PIZZA INC
MERCH FOR RESALE
176.40
68016
9/27/2005
00211 BRAUN INTERTEC CORP.
PROJ 04 -15 PROF SRVS THRU 9/9
786.00
PROJ 03 -36 PROF SRVS THRU 9/9
343.25
PROJ 05 -10 PROF SRVS THRU 9/9
1,349.23
68017
9/27/2005
00331 COPYMED INCORPORATED
INVESTIGATIVE REPORTS
21.84
68018
9/27/2005
02974 CORBAN GROUP INC, THE
CONSULTING FEE - RMS
154.00
68019
9/27/2005
00340 CRAMER BUILDING SERVICES
CHILLER & BOILER MAINT
2,132.50
68020
9/27/2005
00460 CRETEX CONCRETE PRODUCTS NORTH
PIPE FOR STORM SEWER
971.28
68021
9/27/2005
03470 DANNER INC
PROJ 05 -10 DAHL AVE PYMT #2
177,069.36
68022
9/27/2005
00384 DE LAGE LANDEN FINANCIAL SRVS
COPIER LEASE
511.20
68023
9/27/2005
00358 DGM INC.
TOW VEHICLE
143.78
TOW FORFEITURE VEHICLE
111.83
TOW FORFEITURE VEHICLE
111.83
TOW FORFEITURE VEHICLE
143.78
TOW FORFEITURE VEHICLE
111.83
TOW FORFEITURE VEHICLE
143.78
TOW FORFEITURE VEHICLE
127.80
TOW FORFEITURE VEHICLE
111.83
TOW VEHICLE
90.53
TOW FORFEITURE VEHICLE
111.83
TOW FORFEITURE VEHICLE
111.83
68024
9/27/2005
00425 DUCHARME, JOHN P
REIMB FOR CELL PHONE 9/13
5.00
68025
9/27/2005
03491 DUELLMAN, AUDREY
REIMB FOR CELL PHONE &
12.27
68026
9/27/2005
03500 ENDRIZZI, ALYSSA
REF GRADING ESC - 2253
1,000.77
68027
9/27/2005
01973 ERICKSON OIL PRODUCTS INC
CAR WASHES
96.00
68028
9/27/2005
03492 ERICKSON, ELIZABETH
REIMB FOR CELL PHONE &
11.79
68029
9/27/2005
00003 ESCROW REFUND
REF GM HOMES - ESCROW 3095
1,250.00
REF GM HOMES - ESCROW 3099
1,250.00
REF GM HOMES - ESCROW 3092
1,250.00
REF GM HOMES - ESCROW 3088
1,250.00
68030
9/27/2005
02071 FISHER, DAVID
REIMB FOR MILEAGE 9/9
1.45
68031
9/27/2005
01900 FOSBURGH, ANN
REIMB FOR MILEAGE 9/6 - 9/13
7.27
68032
9/27/2005
02635 G -WHIZ LETTERING
LOGO EMBLEMS
74.55
68033
9/27/2005
01898 GOLASKI, DIANE
REIMB FOR MILEAGE 9/13
2.42
68034
9/27/2005
03121 HAYLAND WOODS
GRASS, SEDGE CUBES
95.85
68035
9/27/2005
03330 HOISINGTON KOEGLER GROUP INC
PROJ 04 -21 GLADSTONE
24,858.24
68036
9/27/2005
00483 IDEACOM MID - AMERICA
HEADSET
104.32
68037
9/27/2005
02995 INTEGRATED LOSS CONTROL INC
AIR AND MOLD SAMPLING
548.40
68038
9/27/2005
03493 INTERNAL REVENUE SERVICE
PENALTY FOR 2003 1099 FORMS
180.00
68039
9/27/2005
03443 J -CRAFT TRUCK EQUIPMENT
SNOW PLOW AND WING
18,598.10
68040
9/27/2005
00765 JOHNSON, BILL
INSECT PRESENTATION
75.00
68041
9/27/2005
02728 KIMLEY -HORN & ASSOCIATES INC
PROJ 03 -19 PROF SRVS THRU 5/31
12,917.42
68042
9/27/2005
03502 KOEHNEN ELECTRIC INC
INSTALL GFCI RECEPTACLES
254.00
68043
9/27/2005
03494 LARSON, ANITA
REIMB FOR CELL PHONE 9/13
5.00
68044
9/27/2005
03256 LIEBERT CASSIDY WHITMORE
FLSA JOB AUDITS
375.00
68045
9/27/2005
03495 LUTTRELL, SHIRLEY
REIMB FOR MILEAGE 9 -13
6.79
68046
9/27/2005
01899 MAH RE, CAROL
REIMB FOR MILEAGE & CELL
6.94
68047
9/27/2005
03496 MAHRE, JERI
REIMB FOR CELL PHONE 9/13
5.00
2
vchlist Check Register Page: 2
09/26/2005 9:29:53 AM City of Maplewood
Check
Date
Vendor
Description /Account
Amount
68048
9/27/2005
03497
MANTHEY, JOHN
REIMB FOR MILEAGE 9 -12 - 9/13
5.82
68049
9/27/2005
00945
MASYS CORP
STRATUS SOFTWARE MAINT - OCT
738.68
68050
9/27/2005
03417
MCFARLAND, P.C., THOMAS F
PROJ 02 -07 ABANDONMENT
2,145.52
68051
9/27/2005
03498
MECHELKE, SHERRIE
REIMB FOR MILEAGE 9/14
38.80
68052
9/27/2005
01018
MINNEAPOLIS FINANCE DEPT
AUTOMATED PAWN FEE -AUG
558.00
68053
9/27/2005
01084
MN FALL MAINTENANCE EXPO
FALL MAINTENANCE
50.00
FALL MAINTENANCE EXPO
100.00
68054
9/27/2005
01126
MN NCPERS LIFE INSURANCE
PERA LIFE INSURANCE
300.00
68055
9/27/2005
01096
MOGREN BROS
REF GRADING ESC - 1747
2,514.45
68056
9/27/2005
01175
NORTH ST PAUL, CITY OF
ELEC, SECURITY LIGHT & SEWER
3,029.26
68057
9/27/2005
02125
NORTHLAND BUSINESS SYSTEMS
VOICE LOGGER MAINT CONTRACT
4,132.03
68058
9/27/2005
03055
OLSON, KEVIN
REF GRADING ESC - 2561
2,515.68
68059
9/27/2005
00001
ONE TIME VENDOR
REF KARKELA CONST - SAC FEE
1,450.00
68060
9/27/2005
00001
ONE TIME VENDOR
REF MICHELLE MILLER -
45.00
68061
9/27/2005
00001
ONE TIME VENDOR
REF KEVIN LANGER - REC
45.00
68062
9/27/2005
00001
ONE TIME VENDOR
REF TRACY HILDEBRANT - PARKS
40.00
68063
9/27/2005
00001
ONE TIME VENDOR
REIMB R ESBOLDT - MOWER
37.91
68064
9/27/2005
00001
ONE TIME VENDOR
REF EDWARD KAISER -
33.28
68065
9/27/2005
00001
ONE TIME VENDOR
REF A WHALEN- SPECIAL MAILING
27.30
68066
9/27/2005
01560
ONYX WASTE SRVS MIDWEST INC
RECYCLING CHARGES -AUG
20,333.11
68067
9/27/2005
01289
PRAIRIE RESTORATIONS INC
RESTORATION OF WETLAND
6,175.00
PRAIRIE MGMT AT PRAIRIE FARM
1,829.07
68068
9/27/2005
03501
R H HOMES
REF GRADING ESC - 3066 DULUTH
2,515.75
68069
9/27/2005
01359
REGAL AUTO WASH DETAIL XX
CAR WASHES - AUG
44.64
68070
9/27/2005
01360
REINHART FOODSERVICE
REFRIGERATOR
1,063.24
68071
9/27/2005
02001
ROSEVILLE, CITY OF
JOINT POWERS AGREEMENT MIS -
625.00
68072
9/27/2005
03499
SCHOENECKER, SANDY
REIMB FOR CELL PHONE 9/13
5.00
68073
9/27/2005
03278
SKRYPEK'S DAIRY QUEEN
BIRTHDAY PROGRAM CAKES
146.00
68074
9/27/2005
01466
SKYHAWKS SPORTS ACADEMY
FLAG FOOTBALL PROGRAM
774.30
68075
9/27/2005
01497
SPRINGSTED
BOND ISSUE SERVICES
17,160.32
68076
9/27/2005
01504
ST PAUL, CITY OF
RADIO SRV & MAINT - AUG
1,795.72
CRIME LAB SERVICES - JUN
325.00
CRIME LAB SERVICES - JUL
390.00
CRIME LAB SERVICES - AUG
410.00
68077
9/27/2005
03503
STAFKI, TIM
REIMB FOR CELL PHONE &
5.00
68078
9/27/2005
01574
T.A. SCHIFSKY & SONS, INC
PROJ 04 -15 GLADSTONE NO PYMT
398,734.41
68079
9/27/2005
01574
T.A. SCHIFSKY & SONS, INC
PROJ 03 -36 SPRINGSIDE DR PMT
47,922.45
68080
9/27/2005
01574
T.A. SCHIFSKY & SONS, INC
VARIOUS BITUMINOUS
3,183.68
ASPHALT TO PAVE PARK TRAIL
390.37
VARIOUS BITUMINOUS
130.66
68081
9/27/2005
03074
TOTAL REFRIGERATION SYS INC
REFRIGERATOR PREV MAINT
83.00
68082
9/27/2005
01580
TSE, INC.
FEES FOR SERVICE
1,377.75
68083
9/27/2005
01683
UNIFORMS UNLIMITED INC
BULLETPROOF VEST
799.50
68084
9/27/2005
01698
UNITED WAY OF THE ST. PAUL
QUARTERLY PAYMENT
721.00
68085
9/27/2005
01704
URBANSKI, HOLLY
REIMB FOR CELL PHONE &
14.70
68086
9/27/2005
03490
VAN BLARICOM, BEULAH
REIMB FOR MILEAGE 9/13
3.88
68087
9/27/2005
01828
WEAVER, KRIS A
REIMB FOR MEAL 9/14
33.46
68088
9/27/2005
02410
WELLS FARGO LEASING INC
RICOH COPIER LEASE 9/9 - 10/9
1,467.57
68089
9/27/2005
01190
XCEL ENERGY
ELECTRIC & GAS UTILITY
301.60
UTILITY CHARGE
43.80
ELECTRIC UTILITY
2,278.60
GAS & ELECTRIC UTILITY
3,311.99
3
vchlist Check Register Page: 3
09/26/2005 9:29:53 AM City of Maplewood
Check Date Vendor Description /Account Amount
68089 9/27/2005 01190 XCEL ENERGY
68090 9/27/2005 01798 YOCUM OIL CO.
79 Checks in this report
(Continued)
ELECTRIC UTILITY 1,203.87
SIGNAL & LIGHT CHARGES 18,803.64
ELECTRIC UTILITY 15,170.33
UNL MID -GRADE (89 OCTANE) GAS 15,245.53
Total checks : 966,516.49
4
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Transmitted Settlement
Date Date Pavee
09/15/05
09/16/05
MN State Treasurer
09/15/05
09/16/05
MN Dept of Natural Resources
09/16/05
09/19/05
MN State Treasurer
09/13/05
09/19/05
MN Dept of Revenue
09/19/05
09/20/05
MN State Treasurer
09/20/05
09/21/05
MN State Treasurer
09/16/05
09/21/05
US Bank VISA One Card*
09/21/05
09/22/05
MN State Treasurer
09/09/05
09/22/05
MN Dept of Revenue
09/16/05
09/22/05
Elan Financial Services*
TOTAL
Description
Drivers License /Deputy Registrar
DNR electronic licenses
Drivers License /Deputy Registrar
Sales Tax
Drivers License /Deputy Registrar
Drivers License /Deputy Registrar
Purchasing card items
Drivers License /Deputy Registrar
Fuel Tax
Purchasing card items
*Detailed listing of VISA purchases is attached.
Amount
12,503.75
280.30
9,695.74
7,758.00
15,018.06
13,083.75
33,517.62
20,087.57
275.00
7,925.06
120,144.85
5
Transaction Review
For Transactions posted between 09/03/2005 to 09/16/2005
# Post Date
1 09/09/2005
2 09/16/2005
3 09/15/2005
4 09/12/2005
5 09/09/2005
6 09/14/2005
7 09/15/2005
8 09/12/2005
9 09/13/2005
10 09/13/2005
11 09/05/2005
12 09/12/2005
13 09/12/2005
14 09/09/2005
15 09/12/2005
16 09/12/2005
17 09/05/2005
18 09/12/2005
19 09/13/2005
20 09/16/2005
21 09/16/2005
22 09/16/2005
23 09/16/2005
24 09/12/2005
25 09/12/2005
26 09/12/2005
27 09/05/2005
28 09/05/2005
29 09/12/2005
30 09/16/2005
31 09/14/2005
32 09/12/2005
33 09/12/2005
34 09/12/2005
35 09/12/2005
36 09/12/2005
37 09/12/2005
38 09/12/2005
39 09/12/2005
40 09/12/2005
41 09/12/2005
42 09/05/2005
Vendor Name
VERIZON WRLS I2KW
G & K SERVICES 006
DPMS INC
SHRED -IT
S & T OFFICE PRODUCTS
S & T OFFICE PRODUCTS
S & T OFFICE PRODUCTS
VRZN WRLS VZSRVE W
WASTE MANAGEMENT
WASTE MANAGEMENT
SPRINTPCS AUTOPYMT RCI
PROPERTYKEY.COM, INC.
VERIZON WRLS I2KW
S & T OFFICE PRODUCTS
S & T OFFICE PRODUCTS
SPRINT WIRELESS SVCS
DE LAGE LANDEN OPOI OF 01
SPRINT WIRELESS SVCS
WASTE MANAGEMENT
VERIZON WRLS I2KW
G & K SERVICES 006
G & K SERVICES 006
G & K SERVICES 006
PROPERTYKEY.COM, INC.
CATCO PARTS & SERV #1
NOVACARE REHB/HEALT
DALCO ENTERPRISES, INC
CURTIS 1000
SHRED -IT
G & K SERVICES 006
ON SITE SANITATION INC
QWESTCOMM TN612
QWESTCOMM TN612
QWESTCOMM TN612
QWESTCOMM TN612
QWESTCOMM TN612
QWESTCOMM TN612
QWESTCOMM TN612
QWESTCOMM TN612
QWESTCOMM TN612
QWESTCOMM TN612
VIKING # 1090
9/20 /zoos
ttlement Amount Cardholder Name
62.03 R CHARLE S AHL
462.28 BRUCE K ANDERSON
158.27 SCOTTANDREWS
99.90 JOHN BANICK
24.10 HEIDI CAREY
364.62 HEIDI CAREY
28.76 HEIDI CAREY
73.89 DANIEL F FAUST
347.14 DAVID FISHER
347.14 DAVID FISHER
130.70 RICHARD FURSMAN
50.00 KAREN E GUILFOILE
63.95 KAREN E GUILFOILE
731.85 LORI HANSON
164.38 LORI HANSON
52.83 STEVE HURLEY
206.61 ANN E HUTCHINSON
67.41 ANN E HUTCHINSON
265.42 STEVE LUKIN
62.23 ED NADEAU
310.60 AMY NIVEN
141.44 AMY NIVEN
66.44 AMY NIVEN
50.00 DENNIS PECK
38.11 STEVEN PRIEM
90.00 TERRIE RAMEAUX
1,103.22 MICHAEL RE ILLY
1,471.30 DEB SCHMIDT
26.75 DEB SCHMIDT
55.60 GERALD SEEGER
- 416.25 DOUGLAS J TAUBMAN
57.51 JUDY TETZLAFF
240.08 JUDY TETZLAFF
86.27 JUDY TETZLAFF
57.51 JUDY TETZLAFF
86.27 JUDY TETZLAFF
86.27 JUDY TETZLAFF
86.27 JUDY TETZLAFF
57.51 JUDY TETZLAFF
372.92 JUDY TETZLAFF
115.02 JUDY TETZLAFF
-21.29 SUSANZWIEG
7,92.5.06
2
Transaction Review 9/19/2005
For Transactions posted between 09/03/2005 to 09/16/2005
Post Date Vendor Name Settlement Amt Cardholder Name
09/14/2005
NORTHEAST TACTICAL INC.
491.95
SCOTTANDREWS
09/14/2005
NORTHEAST TACTICAL INC.
60.00
SCOTTANDREWS
09/16/2005
INTOXIMETERS, INC.
192.60
SCOTTANDREWS
09/13/2005
TARGET 00011858
26.15
MANDY ANZALDI
09/14/2005
FACTORY CARD OUTLET #284
35.23
MANDY ANZALDI
09/05/2005
AUTO GLASS SPECIALISTS -MN
133.73
JOHN BANICK
09/15/2005
EXCELLCOM
42.58
JOHN BANICK
09/15/2005
CUB FOODS, INC.
189.45
JOHN BANICK
09/15/2005
MILLS FLEET FARM #27
59.12
JOHN BANICK
09/16/2005
BEST WESTERN HOTELS
69.38
JOHN BANICK
09/16/2005
NUCO2 Of OF Of
87.33
JIM BEHAN
09/16/2005
NUCO2 Of OF Of
51.97
JIM BEHAN
09/16/2005
NUCO2 Of OF Of
43.25
JIM BEHAN
09/16/2005
NUCO2 Of OF Of
44.52
JIM BEHAN
09/16/2005
NUCO2 Of OF Of
52.83
JIM BEHAN
09/05/2005
WEBER & TROSETH INC
36.50
JIM BEHAN
09/05/2005
HENRIKSEN ACE HARDWARE
30.77
JIM BEHAN
09/05/2005
SIMPLEX GRINNELL WEB P
1,322.17
JIM BEHAN
09/05/2005
MILLS FLEET FARM #27
2.20
JIM BEHAN
09/16/2005
NUCO2 Of OF Of
82.01
JIM BEHAN
09/14/2005
HIRSHFIELD'S MAPLEWOOD
149.46
JIM BEHAN
09/08/2005
KNOWLANS #2
24.96
OAKLEY BIESANZ
09/09/2005
BLUE RIBBON BAIT & TACKL
9.90
OAKLEY BIESANZ
09/09/2005
COMPUSA 294
31.93
OAKLEY BIESANZ
09/16/2005
RAINBOW FOODS 00088526
5.94
OAKLEY BIESANZ
09/09/2005
SEARS ROEBUCK 1122
31.94
ROGER BREHEIM
09/09/2005
THOMAS TOOL AND SU
15.76
TROY BRINK
09/09/2005
FEDEX KINKO'S #0617
532.50
HEIDI CAREY
09/12/2005
DGI *DYNAMIC GRAPHICS
79.00
HEIDI CAREY
09/13/2005
NAMEBANK
183.77
HEIDI CAREY
09/12/2005
FRANKLIN COVEY #7069
45.45
MELINDA COLEMAN
09/07/2005
WMS *WASTE MGMT WMEZPAY
849.39
LINDA CROSSON
09/12/2005
HILLYARD INC MINNEAPOLIS
(1,107.89)
LINDA CROSSON
09/12/2005
HILLYARD INC MINNEAPOLIS
(140.13)
LINDA CROSSON
09/12/2005
HILLYARD INC MINNEAPOLIS
1,107.89
LINDA CROSSON
09/12/2005
HILLYARD INC MINNEAPOLIS
148.13
LINDA CROSSON
09/16/2005
BLOOMINGTON SECURITY SOLU
147.23
LINDA CROSSON
09/09/2005
S & T OFFICE PRODUCTS
35.83
ROBERTA DARST
09/14/2005
SAINT PAUL AREA CHAMBER
40.00
ROBERTA DARST
09/15/2005
S & T OFFICE PRODUCTS
32.24
ROBERTA DARST
09/15/2005
BEST BUY 00000109
74.54
ANDREW ENGSTROM
09/15/2005
BATTERIES PLUS
29.80
ANDREW ENGSTROM
09/05/2005
THE HOME DEPOT 2801
23.33
LARRY FARR
09/12/2005
ANCHOR SCIENTIFIC INC
88.80
LARRY FARR
09/14/2005
DEEP ROCK WATER
106.34
DAVID FISHER
09/14/2005
DEEP ROCK WATER
144.52
DAVID FISHER
09/16/2005
G & K SERVICES 006
176.24
DAVID FISHER
09/07/2005
A PATRIOTIC HOUSE
53.61
PATRICIA FRY
09/14/2005
CUB FOODS, INC.
44.75
PATRICIA FRY
09/09/2005
S & T OFFICE PRODUCTS
36.68
JEAN GLASS
09/09/2005
METRO ATHLETIC SUPPLY INC
652.58
MIKE GRAF
09/12/2005
DAVIS LOCK & SAFE
13.85
MIKE GRAF
09/14/2005
STREAMLINE DESIGN INC
620.00
MIKE GRAF
09/15/2005
KWIK STOP #1
10.12
MIKE GRAF
09/15/2005
TARGET 00000687
51.15
MIKE GRAF
09/16/2005
SSG *BSN /PASSON /GSC
141.28
MIKE GRAF
09/05/2005
REED BUS INTO ACCT REC
159.58
LORI HANSON
7
Post Date Vendor Name
Settlement Amt Cardholder Name
09/12/2005
LILLIE SUBURBAN NEWSP
3,200.24
LORIHANSON
09/15/2005
BUFFALO WILD WINGS
46.90
LORIHANSON
09/07/2005
ICI -DULUX -PAINTS #0092
1,259.60
GARY HINNENKAMP
09/05/2005
OFFICE MAX 00002204
34.87
RON HORWATH
09/09/2005
THE HOME DEPOT 2801
30.50
RON HORWATH
09/09/2005
THE HOME DEPOT 2801
26.94
RON HORWATH
09/09/2005
NORTHERN TOOL EQUIPMNT
26.61
RON HORWATH
09/12/2005
THE HOME DEPOT 2801
16.78
RON HORWATH
09/14/2005
SPECTRUM PRODUCTS, LLC
34.84
RON HORWATH
09/16/2005
SPECTRUM PRODUCTS, LLC
134.01
RON HORWATH
09/07/2005
CABLING SERVICES CORPORAT
918.39
STEVE HURLEY
09/05/2005
BARNES & NOBLE #2227
12.73
ANN E HUTCHINSON
09/06/2005
MINUTEMAN PRESS
401.04
ANN E HUTCHINSON
09/07/2005
THE HOME DEPOT 2801
9.49
ANN E HUTCHINSON
09/07/2005
U OF M- LNDSCPE ARBORETUM
16.99
ANN E HUTCHINSON
09/07/2005
U OF M- LNDSCPE ARBORETUM
19.65
ANN E HUTCHINSON
09/05/2005
DALCO ENTERPRISES, INC
1,122.79
DAVID JAHN
09/09/2005
DALCO ENTERPRISES, INC
110.25
DAVID JAHN
09/08/2005
FEDERAL SIGNAL EMOI OF O1
70.29
KEVIN JOHNSON
09/09/2005
LNINN SUITES - MAPLEWOOD
62.84
KEVIN JOHNSON
09/12/2005
BATTERIES PLUS
51.08
TOM KALKA
09/14/2005
QUICKSILVER EXPRESS
27.50
LOIS KNUTSON
09/09/2005
FITNESS WHOLESALE INC
20.80
MARY B KOEHNEN
09/09/2005
FITNESS WHOLESALE INC
195.80
MARY B KOEHNEN
09/12/2005
TARGET 00011858
19.56
MARY KOEHNEN
09/05/2005
KUSTOM SIGNALS, INC.
147.44
DAVID KVAM
09/08/2005
ACTION RADIO &COMM
75.00
DAVID KVAM
09/14/2005
GAL *GALLSINC
38.37
DAVID KVAM
09/14/2005
GAL *GALLS INC
429.11
DAVID KVAM
09/15/2005
UNIFORMS UNLIMITED INC
339.50
DAVID KVAM
09/12/2005
SEMINARS NAT'L/PADGETT
340.00
SHERYL L LE
09/12/2005
FRATTALLONE'S ACE HDWE
21.69
MICHAEL LIDBERG
09/12/2005
ALLSTATE SALES & LEASING
20.15
MICHAEL LIDBERG
09/08/2005
MENARDS 3022
49.65
DENNIS LINDORFF
09/09/2005
MENARDS 3022
48.53
DENNIS LINDORFF
09/12/2005
HOLIDAY STATIONSTORE
15.09
DENNIS LINDORFF
09/05/2005
S & T OFFICE PRODUCTS
(4,211.94)
STEVE LUKIN
09/08/2005
ANCOM COMMUNICATIONS INC
1,369.49
STEVE LUKIN
09/09/2005
VALLEY TROPHY
104.48
STEVE LUKIN
09/12/2005
THE HOME DEPOT 2801
26.55
STEVE LUKIN
09/12/2005
JIMMYS FOOD &DRINK
2,000.00
STEVE LUKIN
09/14/2005
THE OLIVE GARD00012005
158.37
STEVE LUKIN
09/14/2005
FEDEX KINKO'S #0617
329.83
STEVE LUKIN
09/14/2005
WALGREEN 00016873
8.48
STEVE LUKIN
09/14/2005
EMERGENCY APPARATUS MAINT
143.37
STEVE LUKIN
09/14/2005
EMERGENCY APPARATUS MAINT
1,678.97
STEVE LUKIN
09/16/2005
VERIZON WRLS I2KW
73.38
STEVE LUKIN
09/05/2005
VIKING ELECTRIC -ST. PAUL
88.72
MARK MARUSKA
09/08/2005
HENRIKSEN ACE HARDWARE
426.44
MARK MARUSKA
09/09/2005
ON SITE SANITATION INC
1,475.07
MARK MARUSKA
09/09/2005
LTG POWER EQUIPMENT
84.29
MARK MARUSKA
09/13/2005
WASTE MANAGEMENT
1,209.81
MARK MARUSKA
09/13/2005
DAVIS/SUN TURF/ST. PAUL
42.30
MARK MARUSKA
09/16/2005
G & K SERVICES 006
206.60
MARK MARUSKA
09/16/2005
VERIZON WRLS I2KW
36.39
MARK MARUSKA
09/07/2005
CERTIFIED LABORATORIES
170.69
BRYANNAGEL
09/12/2005
RYCO SUPPLY COMPANY
26.73
JEAN NELSON
09/15/2005
RYCO SUPPLY COMPANY
(26.73)
JEAN NELSON
09/15/2005
RYCO SUPPLY COMPANY
51.65
JEAN NELSON
09/05/2005
TWIN CITY SEED COMPANY
340.80
ERICK OSWALD
0
Post Date Vendor Name
Settlement Amt Cardholder Name
09/09/2005
CARQUEST #2110
15.73
ROBERT PETERSON
09/12/2005
FREEDOM 65 11010600
7.43
ROBERT PETERSON
09/05/2005
PEAVEY CORPORATION
182.70
PHILIP F POWELL
09/08/2005
SIRCHIE FINGERPRINT LABS
64.21
PHILIP F POWELL
09/08/2005
INTERSTATE WRAPPING PRODU
83.90
PHILIP F POWELL
09/09/2005
STREICHER'S
104.85
PHILIP F POWELL
09/09/2005
NATIONAL CAMERA EXCHANGE
149.06
PHILIP F POWELL
09/12/2005
OFFICE MAX 00002204
59.66
PHILIP F POWELL
09/12/2005
WOLF CAMERA #1530
12.35
PHILIP F POWELL
09/14/2005
OFFICE MAX 00002204
17.56
PHILIP F POWELL
09/14/2005
HEINE *SHIP SUPPLIES
113.45
PHILIP F POWELL
09/05/2005
GRUBER'S POWER EQUIPME
22.31
ROBERTPRECHTEL
09/05/2005
BOUND TREE MEDICAL LLC
92.04
ROBERT PRECHTEL
09/06/2005
MN EMS MEDICAL DIR EDU AS
275.00
ROBERT PRECHTEL
09/13/2005
ARROWWOOD RESORT AND CONF
309.95
ROBERT PRECHTEL
09/14/2005
CUB FOODS, INC.
7.56
ROBERT PRECHTEL
09/05/2005
SUNRAY BTB
64.84
STEVEN PRIEM
09/07/2005
FACTORY MOTOR PARTS
72.85
STEVEN PRIEM
09/07/2005
KATH AUTO PARTS
142.75
STEVEN PRIEM
09/08/2005
CATCO PARTS & SERV #1
132.44
STEVEN PRIEM
09/08/2005
KATH AUTO PARTS NSP
157.80
STEVEN PRIEM
09/08/2005
KATH AUTO PARTS NSP
32.32
STEVEN PRIEM
09/08/2005
MACQUEEN EQUIPMENT INC
373.36
STEVEN PRIEM
09/09/2005
TOUSLEY FORD 127200039
196.85
STEVEN PRIEM
09/09/2005
POLAR CHEVROLET
21.25
STEVEN PRIEM
09/09/2005
AUTO GLASS SPECIALISTS -MN
199.23
STEVEN PRIEM
09/09/2005
KATH AUTO PARTS NSP
102.77
STEVEN PRIEM
09/09/2005
KATH AUTO PARTS NSP
4.11
STEVEN PRIEM
09/13/2005
KATH AUTO PARTS NSP
46.72
STEVEN PRIEM
09/13/2005
KATH AUTO PARTS NSP
41.09
STEVEN PRIEM
09/13/2005
KATH AUTO PARTS NSP
60.23
STEVEN PRIEM
09/14/2005
COMO LUBE & SUPPLOI OF 01
107.18
STEVEN PRIEM
09/16/2005
KATH AUTO PARTS NSP
7.24
STEVEN PRIEM
09/08/2005
EXCELLCOM
452.00
KEVIN RABBETT
09/12/2005
SKILLPATH SEMINARS
399.00
TERRIE RAMEAUX
09/12/2005
MN OCCUPATIONAL HEALTH
368.00
TERRIE RAMEAUX
09/13/2005
TRUMOR INC
100.00
TERRIE RAMEAUX
09/14/2005
HILLYARD INC MINNEAPOLIS
(8.00)
MICHAEL REILLY
09/15/2005
HILLYARD INC MINNEAPOLIS
140.13
MICHAEL RE ILLY
09/15/2005
HILLYARD INC MINNEAPOLIS
1,107.89
MICHAEL RE ILLY
09/05/2005
FIGAROS PIZZA Q56
156.88
AUDRA ROBBINS
09/05/2005
CUB FOODS, INC.
43.51
AUDRA ROBBINS
09/05/2005
MILLS FLEET FARM #27
9.00
AUDRA ROBBINS
09/15/2005
MAPLEWOOD FINANCE DEPT.
3.00
AUDRA ROBBINS
09/16/2005
MENARDS 3022
6.38
JAMES SCHINDELDECKER
09/05/2005
MOBILE RADIO ENGINEER
118.22
RUSSELL L SCHMIDT
09/05/2005
MENARDS 3059
1.58
RUSSELL L SCHMIDT
09/12/2005
RICHFIELD BUS CO.
320.00
ANDREA SINDT
09/16/2005
T- MOBILE
25.69
ANDREA SINDT
09/14/2005
CHURCH CHAIR INDUSTRIE
685.24
PAULINE STAPLES
09/16/2005
OFFICE MAX 00002204
39.38
PAULINE STAPLES
09/08/2005
TARGET 00011858
117.18
JOANNE M SVENDSEN
09/08/2005
TARGET 00011858
26.51
JOANNE M SVENDSEN
09/12/2005
CUB FOODS, INC.
59.59
JOANNE M SVENDSEN
09/14/2005
S & T OFFICE PRODUCTS
(5.06)
JOANNE M SVENDSEN
09/14/2005
S & T OFFICE PRODUCTS
385.63
JOANNE M SVENDSEN
09/14/2005
S & T OFFICE PRODUCTS
14.36
JOANNE M SVENDSEN
09/15/2005
S & T OFFICE PRODUCTS
12.73
JOANNE M SVENDSEN
09/16/2005
S & T OFFICE PRODUCTS
(1.07)
JOANNE M SVENDSEN
09/16/2005
S & T OFFICE PRODUCTS
21.98
JOANNE M SVENDSEN
0 '
Post Date Vendor Name
09/05/2005
09/08/2005
09/09/2005
09/12/2005
09/13/2005
09/14/2005
09/08/2005
09/09/2005
09/14/2005
09/14/2005
09/15/2005
09/15/2005
09/16/2005
09/09/2005
09/12/2005
09/09/2005
09/05/2005
09/05/2005
09/12/2005
09/15/2005
NARDINI FIRE EQUIPMENT
CENTURY BOOKSTORE
ASPEN MILLS 8005717343
FIREFIGHTERS BOOKSTORE
ANCOM TECHNICAL CENTER IN
CENTURY BOOKSTORE
JOHNSON CONTROLS, INC.
DAVIS LOCK & SAFE
VIKING ELECTRIC -ST. PAUL
STATE SUPPLY CO. INC
GLASS & MIRROR INC
DAKOTA PLUMBING & HEAT
MUSKA LIGHTING CENTER
QWESTCOMM *TN651
MERMAID
GRUBER'S POWER EQUIPME
AE SIGN SYSTEMS
ROS *RELIABLE OFFICE SU
OFFICE MAX 00002204
QUILL CORPORATION
Settlement Amt Cardholder Name
134.49
AUSTIN SVENDSEN
937.50
AUSTIN SVENDSEN
30.02
AUSTIN SVENDSEN
108.00
AUSTIN SVENDSEN
125.14
AUSTIN SVENDSEN
208.80
AUSTIN SVENDSEN
51.66
LYLE SWANSON
41.96
LYLE SWANSON
26.26
LYLE SWANSON
19.05
LYLE SWANSON
10.00
LYLE SWANSON
195.00
LYLE SWANSON
171.77
LYLE SWANSON
60.63
JUDY TETZLAFF
19.30
DAVID J THOMALLA
8.00
JOSEPH WATERS
71.89
SUSANZWIEG
43.54
SUSANZWIEG
11.69
SUSANZWIEG
449.41
SUSANZWIEG
33,517.62
10
vchlist Check Register Page: 1
09/30/2005 CITY OF MAPLEWOOD
Check
Date
Vendor
Description /Accoun
Amount
68091
9/26/2005
00986 METROPOLITAN COUNCIL
MONTHLY SAC - AUG
40,768.20
68092
9/28/2005
01082 MN DARE OFFICERS ASSN
DARE CONFERENCE
50.00
68093
10/4/2005
00008 A M E M
SWEATSHIRTS
75.00
68094
10/4/2005
00058 AICHELE, CRAIG
REIMB FOR MILEAGE 9/13
18.43
68095
10/4/2005
00110 ANDREWS, SCOTT
REIMB FOR MEALS 9/12 -9/16
32.00
68096
10/4/2005
00111 ANIMAL CONTROL SERVICES INC
PATROL & BOARDING FEES 9/12-
904.80
68097
10/4/2005
00174 BELDE, STAN
K -9 MAINTENANCE - OCT
35.00
68098
10/4/2005
02914 BLUECROSS BLUESHIELD OF MN
MONTHLY PREMIUM
124,943.50
68099
10/4/2005
00198 BOARD OF WATER COMMISSIONERS
MONTHLY WATER UTIL
4,606.36
68100
10/4/2005
01922 BREHEIM, ROGER
REIMB FOR CELL PHONE
15.00
68101
10/4/2005
00230 BRYAN ROCK PRODUCTS, INC.
BASE MATERIALS FOR SITE PREP
3,229.43
68102
10/4/2005
02143 C R FELTON & ASSOCIATES
APPRAISAL OF MERCHANDISE
427.50
68103
10/4/2005
02929 CNAGLAC
LONG TERM CARE INS
907.04
68104
10/4/2005
00380 DAVIES WATER EQUIPMENT CO.
HYDRANT MARKER
2,316.38
68105
10/4/2005
00384 DE LAGE LANDEN FINANCIAL SRVS
COPER LEASE - OCT
161.88
68106
10/4/2005
03504 DUCHARME, FRED
REIMB FOR CELL PHONE 9/13
5.00
68107
10/4/2005
03505 FISCHER, MARY
REIMB FOR MILEAGE 9/9
1.45
68108
10/4/2005
00529 FORTIS BENEFITS INSURANCE CO
STD PLAN 4043120 -0 -1 OCT
1,567.82
MONTHLY LTD PREMIUM
2,756.39
68109
10/4/2005
01949 GARY L FISCHLER & ASSOC PA
CANDIDATE SCREEN
250.00
68110
10/4/2005
00589 GRAF, DAVE
KARATE INSTRUCTOR
83.75
68111
10/4/2005
02407 H & B SPECIALIZED PRODUCTS
REPAIR EQUIPMENT
270.00
68112
10/4/2005
01965 HEALTH PARTNERS
REF AMB C WILCOX 04015896
1,279.60
68113
10/4/2005
00668 HIEBERT, STEVEN
K -9 MAI NT - OCT
35.00
68114
10/4/2005
01919 HINNENKAMP, GARY
REIMB FOR SAFETY BOOTS
134.99
68115
10/4/2005
02237 IMPERIAL IMPRESSIONS
WITNESS/VICTIM STATEMENT
363.37
68116
10/4/2005
03506 JIMMY'S CONFERENCE & BANQUET
FIRE DEPARTMENT BANQUET
2,234.62
68117
10/4/2005
03266 KISSELL CONSTRUCTION INC
REF GRADING ESC - 974 CTY RD C
2,015.26
REF GRADING ESC - 662
3,022.14
68118
10/4/2005
00827 L M C I T
CLAIM DEDUCTIBLE 11048575
11,328.96
INS QUARTERLY PREM 10/5 -12/05
43,016.75
WORK COMP QUARTERLY
57,713.25
68119
10/4/2005
00881 LUKIN, STEVE
REIMB FOR MEALS & TAXI 8/10-
174.00
68120
10/4/2005
01819 MCLEOD USA
LOCAL PHONE SRV 8/16 -9/15
2,098.96
68121
10/4/2005
02872 METLIFE SBC
MONTHLY DENTAL PREMIUM
9,744.55
68122
10/4/2005
00983 METRO SALES INC
COPIER MAINT CONTRACT
2,495.69
68123
10/4/2005
00985 METROPOLITAN COUNCIL
WASTEWATER - OCT
185,478.30
68124
10/4/2005
02946 MN CONSERVATION CORP
SHORELINE STABILIZATION
2,100.00
68125
10/4/2005
01085 MN LIFE INSURANCE
MONTHLY PREMIUM
3,900.40
68126
10/4/2005
03507 MOGREN HOUSING DEVELOPMENT LLC
REF GRADING ESC - 1747
2,514.93
68127
10/4/2005
03369 MOUNDS PARK ACADEMY
REF GRADING ESC - 2051
1,151.23
68128
10/4/2005
02923 OAKDALE FIRE DEPARTMENT
PORTION OF CAR RENTAL FOR
100.00
68129
10/4/2005
00001 ONE TIME VENDOR
REF SPRINGBORN - MECH PRMT
90.10
68130
10/4/2005
00001 ONE TIME VENDOR
REF ROBIN WALES -SWIM
55.00
68131
10/4/2005
00001 ONE TIME VENDOR
REF NICOLE HESS - SWIM
55.00
68132
10/4/2005
00001 ONE TIME VENDOR
REF JENNY HAGBERG - SWIM
55.00
68133
10/4/2005
00001 ONE TIME VENDOR
REF IRENE KLENOW - LUNCH
6.00
68134
10/4/2005
01289 PRAIRIE RESTORATIONS INC
HERBICIDE APPLICATION
2,485.02
68135
10/4/2005
00396 PUBLIC SAFETY, DEPT OF
TRANSFER TITLE CN 05- 005526
17.50
TRANSFER TITLE CN 05- 011707
17.50
11
vchlist Check Register Page: 2
09/30/2005 CITY OF MAPLEWOOD
Check
Date
Vendor
Description /Accoun
Amount
68136
10/4/2005
01340 REGIONS HOSPITAL
MEDICAL SUPPLIES
204.64
68137
10/4/2005
01360 REINHART FOODSERVICE
MERCH FOR RESALE
56.09
68138
10/4/2005
03459 RUM RIVER TREE FARM
LEGACY VILLAGE PARK
6,641.93
68139
10/4/2005
01409 S.E.H.
STERLING OAKS PARK SERVICES -
7,741.57
68140
10/4/2005
01418 SAM'S CLUB DIRECT
BIRTHDAY PROGRAM CAKE
9.87
BIRTHDAY PROGRAM CAKE
9.87
MERCH FOR RESALE
71.40
GYM JAMMER PROGRAM
73.36
MERCH FOR RESALE
97.37
BIRTHDAY PROGRAM CAKES
18.26
DAY CAMP SUPPLIES
76.35
BIRTHDAY PROGRAM CAKE
9.87
CHILD CARE SNACK
13.34
SCHOOL'S OUT PROGRAM
21.01
BIRTHDAY PROGRAM CAKES
47.61
68141
10/4/2005
03073 SANDERS WACKER BERGLY INC
LANDSCAPE ARCH SRVS -AUG
271.51
68142
10/4/2005
01504 ST PAUL, CITY OF
MEDICAL SUPPLIES
187.22
68143
10/4/2005
01572 SYSTEMS SUPPLY, INC.
INK CARTRIDGES
137.90
68144
10/4/2005
01578 T.R.F. SUPPLY CO.
MISC SUPPLIES FOR STORM
746.00
POP UP TOWELS
236.43
68145
10/4/2005
01664 TWIN CITY GARAGE DOOR CO.
LINEAR TRANSMITTERS
165.32
68146
10/4/2005
01734 WALSH, WILLIAM P.
COMMERCIAL PLUMBING INSP
821.30
68147
10/4/2005
01750 WATSON CO INC, THE
MERCH FOR RESALE
157.40
68148
10/4/2005
01764 WESTLING, TOM
TENNIS INSTRUCTOR
2,640.00
68149
10/4/2005
01771 WHITE BEAR LAKE, CITY OF
SEMINAR 9/9
300.00
68150
10/4/2005
02090 WONG, VERA MING
DRAWING WORKSHOP
100.00
68151
10/4/2005
01190 XCEL ENERGY
MONTHLY UTILITIES
6,169.78
68152
10/4/2005
01807 ZWIEG, SUSAN
REIMB FOR MILEAGE 9/18 -9/21
156.17
REIMB FOR REFRESHMENTS 9/26
25.38
62 Checks in this report Total checks : 544,315.00
12
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Transmitted Settlement
Date Date Payee
09/22/05
09/23/05
09/23/05
09/22/05
09/23/05
09/23/05
09/23/05
09/26/05
09/23/05
09/23/05
09/23/05
09/27/05
09/27/05
09/27/05
09/28/05
09/26/05
09/23/05
09/23/05
09/23/05
09/23/05
09/26/05
09/26/05
09/26/05
09/27/05
09/27/05
09/27/05
09/27/05
09/27/05
09/27/05
09/28/05
09/29/05
09/29/05
MN State Treasurer
ICMA (Vantagepointe)
Orchard Trust
MN Dept of Natural Resources
MN State Treasurer
U.S. Treasurer
P.E.R.A.
MN State Treasurer
MN State Treasurer
Labor Unions
Federal Reserve Bank
The Northern Trust Co
JP Morgan Chase
MN State Treasurer
MN State Treasurer
ARC Administration
TOTAL
Description
Drivers License /Deputy Registrar
Deferred Compensation
Deferred Compensation
DNR electronic licenses
Drivers License /Deputy Registrar
Federal Payroll Tax
P.E.R.A.
Drivers License /Deputy Registrar
State Payroll Tax
Union Dues
Savings Bonds
BNSF Easement
BNSF Land
Drivers License /Deputy Registrar
Drivers License /Deputy Registrar
DCRP & Flex plan payments
Amount
18,187.79
8,145.47
25,107.00
287.50
10, 775.88
93,784.71
55,094.96
13, 619.25
18, 618.96
2,425.12
100.00
59,000.00
1, 248, 669.00
13, 928.38
18, 782.50
1.919.46
13
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
14
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
09/23/05
CARDINAL, ROBERT
422.42
dd
09/23/05
JUENEMANN, KATHLEEN
371.77
dd
09/23/05
KOPPEN, MARVIN
371.77
dd
09/23/05
ROSSBACH, WILLIAM
371.77
dd
09/23/05
COLEMAN, MELINDA
4,096.10
dd
09/23/05
DARST, ROBERTA
1,690.85
dd
09/23/05
FURSMAN, RICHARD
5,053.62
dd
09/23/05
FARR, LARRY
1,767.48
dd
09/23/05
SWANSON, LYLE
1,662.77
dd
09/23/05
LE, JENNIFER
47.25
dd
09/23/05
LE, SHERYL
3,995.58
dd
09/23/05
RAMEAUX, THERESE
2,376.42
dd
09/23/05
FAUST, DANIEL
4,166.97
dd
09/23/05
SCHMIDT, DEBORAH
1,456.57
dd
09/23/05
ANDERSON, CAROLE
748.08
dd
09/23/05
BAUMAN, GAYLE
3,434.43
dd
09/23/05
JACKSON, MARY
1,819.78
dd
09/23/05
KELSEY, CONNIE
1,351.28
dd
09/23/05
TETZLAFF, JUDY
1,819.75
dd
09/23/05
FRY, PATRICIA
1,689.35
dd
09/23/05
GUILFOILE, KAREN
2,883.18
dd
09/23/05
OSTER, ANDREA
1,764.47
dd
09/23/05
CARLE, JEANETTE
1,730.46
dd
09/23/05
JAGOE, CAROL
1,728.15
dd
09/23/05
JOHNSON, BONNIE
1,093.89
dd
09/23/05
MECHELKE, SHERRIE
1,113.05
dd
09/23/05
MOY, PAMELA
1,117.11
dd
09/23/05
OLSON, SANDRA
1,077.95
dd
09/23/05
WEAVER, KRISTINE
1,753.35
dd
09/23/05
BANICK, JOHN
3,871.15
dd
09/23/05
CORCORAN, THERESA
1,629.35
dd
09/23/05
POWELL, PHILIP
2,267.65
dd
09/23/05
RICHIE, CAROLE
1,636.28
dd
09/23/05
SPANGLER, EDNA
308.00
dd
09/23/05
THOMALLA, DAVID
4,287.27
dd
09/23/05
ABEL, CLINT
2,319.68
dd
09/23/05
ALDRIDGE, MARK
2,768.36
dd
09/23/05
ANDREWS, SCOTT
4,185.46
dd
09/23/05
BAKKE, LONN
2,711.17
dd
09/23/05
BELDE, STANLEY
2,769.05
dd
09/23/05
BIERDEMAN, BRIAN
2,792.02
dd
09/23/05
BOHL, JOHN
3,178.15
dd
09/23/05
BUSACK, DANIEL
2,395.17
dd
09/23/05
COFFEY, KEVIN
2,042.51
14
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
15
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
09/23/05
CROTTY, KERRY
2,612.01
dd
09/23/05
DOBLAR, RICHARD
4,078.39
dd
09/23/05
DUNN, ALICE
2,919.65
dd
09/23/05
GABRIEL, ANTHONY
2,181.70
dd
09/23/05
HEINZ, STEPHEN
2,566.71
dd
09/23/05
HIEBERT, STEVEN
2,986.76
dd
09/23/05
JOHNSON, KEVIN
4,015.65
dd
09/23/05
KALKA, THOMAS
636.28
dd
09/23/05
KARIS, FLINT
3,442.67
dd
09/23/05
KONG, TOMMY
2,634.30
dd
09/23/05
KROLL, BRETT
2,378.57
dd
09/23/05
KVAM, DAVID
3,420.42
dd
09/23/05
LANGNER, TODD
1,599.34
dd
09/23/05
LARSON, DANIEL
402.57
dd
09/23/05
LU, JOHNNIE
2,824.98
dd
09/23/05
MARINO, JASON
2,332.15
dd
09/23/05
MARTIN, JERROLD
2,622.19
dd
09/23/05
MCCARTY, GLEN
2,043.10
dd
09/23/05
METRY, ALESIA
2,278.97
dd
09/23/05
NYE, MICHAEL
1,718.19
dd
09/23/05
OLSON, JULIE
2,598.73
dd
09/23/05
RABBETT, KEVIN
3,483.05
dd
09/23/05
RHUDE, MATTHEW
1,863.84
dd
09/23/05
STEFFEN, SCOTT
3,603.46
dd
09/23/05
STEINER, JOSEPH
690.82
dd
09/23/05
SYPNIEWSKI, WILLIAM
1,769.17
dd
09/23/05
SZCZEPANSKI, THOMAS
4,134.74
dd
09/23/05
WENZEL, JAY
2,813.67
dd
09/23/05
XIONG, KAO
2,371.69
dd
09/23/05
BARTZ, PAUL
3,437.63
dd
09/23/05
BERGERON, JOSEPH
3,776.59
dd
09/23/05
DUGAS, MICHAEL
3,027.24
dd
09/23/05
ERICKSON, VIRGINIA
2,738.90
dd
09/23/05
FLOR, TIMOTHY
5,036.23
dd
09/23/05
FRASER, JOHN
2,666.44
dd
09/23/05
LANGNER, SCOTT
2,154.04
dd
09/23/05
PALMA, STEVEN
2,642.19
dd
09/23/05
THEISEN, PAUL
2,374.72
dd
09/23/05
THIENES, PAUL
2,964.03
dd
09/23/05
CARLSON, BRIAN
2,172.78
dd
09/23/05
DAWSON, RICHARD
2,270.80
dd
09/23/05
DUELLMAN, KIRK
2,352.63
dd
09/23/05
EVERSON, PAUL
2,528.42
dd
09/23/05
HALWEG, JODI
2,282.16
dd
09/23/05
JOHNSON, DOUGLAS
2,175.27
dd
09/23/05
NOVAK, JEROME
2,462.94
15
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
16
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
09/23/05
PARSONS, KURT
2,909.48
dd
09/23/05
PETERSON, ROBERT
2,528.84
dd
09/23/05
PRECHTEL, ROBERT
2,375.54
dd
09/23/05
SVENDSEN, RONALD
2,382.08
dd
09/23/05
GERVAIS -JR, CLARENCE
2,785.12
dd
09/23/05
BAUER, MICHELLE
2,183.28
dd
09/23/05
FLAUGHER, JAYME
2,826.30
dd
09/23/05
HERMANSON, CHAD
1,744.79
dd
09/23/05
HUB IN, KENNARD
2,419.07
dd
09/23/05
KNAPP, BRETT
1,709.35
dd
09/23/05
LINN, BRYAN
2,447.20
dd
09/23/05
PACOLT, MARSHA
2,456.34
dd
09/23/05
RABINE, JANET
2,158.18
dd
09/23/05
SCHAULS, ADAM
390.00
dd
09/23/05
STAHNKE, JULIE
2,185.38
dd
09/23/05
LUKIN, STEVEN
3,899.17
dd
09/23/05
SVENDSEN, AUSTIN
3,125.43
dd
09/23/05
ZWIEG, SUSAN
1,778.24
dd
09/23/05
DOLLERSCHELL, ROBERT
284.84
dd
09/23/05
AHL, R. CHARLES
4,369.67
dd
09/23/05
BREHEIM, ROGER
1,844.37
dd
09/23/05
GROHS, JUDITH
1,769.08
dd
09/23/05
KONEWKO, DUWAYNE
2,625.35
dd
09/23/05
NIVEN, AMY
1,208.32
dd
09/23/05
PRIEFER, WILLIAM
2,629.38
dd
09/23/05
BRINK, TROY
1,710.95
dd
09/23/05
DEBILZAN, THOMAS
1,856.25
dd
09/23/05
EDGE, DOUGLAS
1,859.75
dd
09/23/05
JONES, DONALD
2,096.37
dd
09/23/05
MEYER, GERALD
1,913.79
dd
09/23/05
NAGEL, BRYAN
2,298.96
dd
09/23/05
OSWALD, ERICK
2,066.10
dd
09/23/05
RUNNING, ROBERT
1,748.55
dd
09/23/05
TEVLIN, TODD
1,734.75
dd
09/23/05
DUCHARME, JOHN
2,345.26
dd
09/23/05
ENGSTROM, ANDREW
1,570.16
dd
09/23/05
ISAKSON, CHAD
144.38
dd
09/23/05
JACOBSON, SCOTT
1,698.76
dd
09/23/05
KNUTSON, LOIS
1,141.78
dd
09/23/05
LABEREE, ERIN
2,297.35
dd
09/23/05
LINDBLOM, RANDAL
2,345.26
dd
09/23/05
PECK, DENNIS
2,352.19
dd
09/23/05
PRIEBE, WILLIAM
2,347.57
dd
09/23/05
VERMEERSCH, CHARLES
2,231.75
dd
09/23/05
ANDERSON, BRUCE
4,062.32
dd
09/23/05
CAREY, HEIDI
2,070.15
16
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
17
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
09/23/05
HALL, KATHLEEN
1,766.77
dd
09/23/05
LUND, ERIC
312.00
dd
09/23/05
MARUSKA, MARK
2,674.70
dd
09/23/05
NAUGHTON, JOHN
1,719.75
dd
09/23/05
SCHINDELDECKER, JAMES
1,842.06
dd
09/23/05
BIESANZ, OAKLEY
1,567.12
dd
09/23/05
HAYMAN, JANET
1,093.13
dd
09/23/05
HUTCHINSON, ANN
2,262.70
dd
09/23/05
NELSON, JEAN
1,207.80
dd
09/23/05
SEEGER, GERALD
557.15
dd
09/23/05
GAYNOR, VIRGINIA
2,180.77
dd
09/23/05
EKSTRAND, THOMAS
3,043.03
dd
09/23/05
KROLL, LISA
1,219.00
dd
09/23/05
LIVINGSTON, JOYCE
899.84
dd
09/23/05
SINDT, ANDREA
1,647.75
dd
09/23/05
THOMPSON, DEBRA
1,092.11
dd
09/23/05
YOUNG, TAMELA
1,523.75
dd
09/23/05
FINWALL, SHANN
2,254.15
dd
09/23/05
ROBERTS, KENNETH
2,592.34
dd
09/23/05
CARVER, NICHOLAS
2,770.29
dd
09/23/05
FISHER, DAVID
3,276.22
dd
09/23/05
RICE, MICHAEL
1,954.95
dd
09/23/05
SWAN, DAVID
2,050.95
dd
09/23/05
SWETT, PAUL
1,260.00
dd
09/23/05
WORK, ALICIA
296.50
dd
09/23/05
FINN, GREGORY
2,213.26
dd
09/23/05
GOODRICH, CHAD
280.00
dd
09/23/05
GRAF, MICHAEL
1,941.83
dd
09/23/05
KELLY, LISA
1,311.08
dd
09/23/05
OHLHAUSER, MEGHAN
196.88
dd
09/23/05
ROBB INS, AUDRA
2,116.03
dd
09/23/05
SHERRILL, CAITLIN
74.25
dd
09/23/05
TAUBMAN, DOUGLAS
2,854.34
dd
09/23/05
WERNER, KATIE
42.50
dd
09/23/05
GERMAIN, DAVID
1,858.17
dd
09/23/05
NORDQUIST, RICHARD
1,884.59
dd
09/23/05
SCHULTZ, SCOTT
2,018.95
dd
09/23/05
ANZALDI, MANDY
1,183.23
dd
09/23/05
COLEMAN, PHILIP
235.00
dd
09/23/05
COLLINS, ASHLEY
106.00
dd
09/23/05
CRAWFORD - JR- RAYMOND
192.00
dd
09/23/05
CROSSON, LINDA
2,610.43
dd
09/23/05
EVANS, CHRISTINE
726.84
dd
09/23/05
FONTAINE, ANTHONY
60.00
dd
09/23/05
PELOQUIN, PENNYE
443.52
dd
09/23/05
SCHMIDT, RUSSELL
2,026.22
17
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
18
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
09/23/05
SCHULZE, BRIAN
642.00
dd
09/23/05
STAPLES, PAULINE
2,925.20
dd
09/23/05
ZIELINSKI, JUDY
181.30
dd
09/23/05
BRENEMAN, NEIL
242.20
dd
09/23/05
BUCKLEY, BRITTANY
39.00
dd
09/23/05
DUNN, RYAN
602.95
dd
09/23/05
ERICKSON- CLARK, CAROL
45.20
dd
09/23/05
EVANS, KRISTIN
21.00
dd
09/23/05
FONTAINE, KIM
540.47
dd
09/23/05
HORWATH, RONALD
1,996.55
dd
09/23/05
KERSCHNER, JOLENE
666.40
dd
09/23/05
KOEHNEN, AMY
24.15
dd
09/23/05
KOEHNEN,MARY
1,173.50
dd
09/23/05
KRONHOLM, KATHRYN
325.96
dd
09/23/05
MATHEWS, LEAH
61.25
dd
09/23/05
NELSON, SIERRA
55.25
dd
09/23/05
OVERBY, ANNA
38.60
dd
09/23/05
PROESCH, ANDY
324.53
dd
09/23/05
SMITH, ANN
37.50
dd
09/23/05
TUPY, HEIDE
60.60
dd
09/23/05
TUPY, MARCUS
131.25
dd
09/23/05
GROPPOLI, LINDA
304.80
dd
09/23/05
BEHAN, JAMES
1,945.34
dd
09/23/05
LONETTI, JAMES
1,046.82
dd
09/23/05
PATTERSON, ALBERT
1,085.24
dd
09/23/05
PRINS, KELLY
988.62
dd
09/23/05
REILLY, MICHAEL
1,626.95
dd
09/23/05
AICHELE, CRAIG
1,916.96
dd
09/23/05
PRIEM, STEVEN
2,410.81
dd
09/23/05
WOEHRLE, MATTHEW
1,557.35
dd
09/23/05
BERGO, CHAD
2,276.71
dd
09/23/05
FOWLDS, MYCHAL
2,123.51
dd
09/23/05
FRANZEN, NICHOLAS
1,750.38
dd
09/23/05
HURLEY, STEPHEN
3,276.22
wf
2035
09/15/05
ROGERS, ALITRIA
111.00
wf
102472
09/23/05
WORKMAN, ROBERT
50.00
wf
102473
09/23/05
JAHN, DAVID
1,664.84
wf
102474
09/23/05
MORIN, TROY
170.00
wf
102475
09/23/05
MATHEYS, ALANA
1,999.04
wf
102476
09/23/05
HANSEN, LORI
2,193.05
wf
102477
09/23/05
AHRENS, FRANCES
136.00
wf
102478
09/23/05
ANDERSON, CYNTHIA
64.00
wf
102479
09/23/05
ANDERSON, ELSIE
184.25
wf
102480
09/23/05
ANDERSON, RONALD
80.00
wf
102481
09/23/05
ANDERSON, SUZANNE
171.00
wf
102482
09/23/05
ANSARI, AHSANUDDIN
132.00
18
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
19
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
wf
102483
09/23/05
BARTELT, JOAN
80.00
wf
102484
09/23/05
BELLAND, JAIME
132.00
wf
102485
09/23/05
BERGER, MERVIN
225.50
wf
102486
09/23/05
BORTZ, JEANNE
96.00
wf
102487
09/23/05
BREIDENSTEIN, ANNA
76.00
wf
102488
09/23/05
BUNDE, JENNETTE
134.00
wf
102489
09/23/05
CAHANES, LUCILLE
192.50
wf
102490
09/23/05
CARR, ROBERT
80.00
wf
102491
09/23/05
CLELAND, ANN
136.00
wf
102492
09/23/05
CONNELLY, THOMAS
128.00
wf
102493
09/23/05
CONNOLLY, COLLEEN
112.00
wf
102494
09/23/05
DAVIDSON, MAE
80.00
wf
102495
09/23/05
DAVIDSON, MARIANNE
134.00
wf
102496
09/23/05
DEEG, EDWARD
134.00
wf
102497
09/23/05
DESAI, BHUPAT
192.50
wf
102498
09/23/05
DICKSON, HELEN
132.00
wf
102499
09/23/05
DIESSLIN, AUDREY
114.00
wf
102500
09/23/05
DITTEL, KATHLEEN
163.88
wf
102501
09/23/05
DROEGER, DIANE
187.00
wf
102502
09/23/05
DUCHARME, FRED
189.75
wf
102503
09/23/05
DUELLMAN, AUDREY
220.00
wf
102504
09/23/05
EICKHOFF, CAROLYN
80.00
wf
102505
09/23/05
ERICKSON, ELIZABETH
192.50
wf
102506
09/23/05
FALLON, ANN
132.00
wf
102507
09/23/05
FISCHER, LORRAINE
200.75
wf
102508
09/23/05
FISCHER, MARY
182.88
wf
102509
09/23/05
FITZGERALD, DELORES
40.00
wf
102510
09/23/05
FOSBURGH, ANNE
204.25
wf
102511
09/23/05
FRANZEN, JAMES
132.00
wf
102512
09/23/05
FREER, MARY JO
136.00
wf
102513
09/23/05
GIERZAK, CLARICE
132.00
wf
102514
09/23/05
GOLASKI, DIANE
200.75
wf
102515
09/23/05
GRANGER, BETTY
76.00
wf
102516
09/23/05
GRANT, GUY
132.00
wf
102517
09/23/05
GRANT, MARY
80.00
wf
102518
09/23/05
GUDKNECHT, JAMIE
138.00
wf
102519
09/23/05
GUNN, JACLYNN
134.00
wf
102520
09/23/05
HECHT, LLOYD
132.00
wf
102521
09/23/05
HEIN LAGER, GORDON
149.63
wf
102522
09/23/05
NINES, CONSTANCE
76.00
wf
102523
09/23/05
HOLZEMER, MARY
96.00
wf
102524
09/23/05
HORTON, SHIRLEE
134.00
wf
102525
09/23/05
HUNTOON, LYNN
50.00
wf
102526
09/23/05
IVERSEN, MILDRED
72.00
wf
102527
09/23/05
JEFFERSON, GWENDOLYN
112.00
wf
102528
09/23/05
JOHANNESSEN, JUDITH
132.00
19
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
20
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
wf
102529
09/23/05
JOHNSON, BARBARA
142.00
wf
102530
09/23/05
JURMU, JOYCE
120.00
wf
102531
09/23/05
KIRCHOFF, HAROLD
56.00
wf
102532
09/23/05
KOCH, ROSEMARY
132.00
wf
102533
09/23/05
KOLASA, JOAN
132.00
wf
102534
09/23/05
KOLASA, JOSEPH
142.00
wf
102535
09/23/05
KREKELBERG, MONA
168.63
wf
102536
09/23/05
KROMINGA, JOSEPHINE
142.00
wf
102537
09/23/05
LACKNER, MARVELLA
132.00
wf
102538
09/23/05
LAMPE, CHARLOTTE
80.00
wf
102539
09/23/05
LARSON, ANITA
154.38
wf
102540
09/23/05
LAUREN, LORRAINE
56.00
wf
102541
09/23/05
LEO, ANN
80.00
wf
102542
09/23/05
LEO, PATRICIA
40.00
wf
102543
09/23/05
LEONARD, CLAUDETTE
84.00
wf
102544
09/23/05
LINCOWSKI, STEVEN
64.00
wf
102545
09/23/05
LINCOWSKI, VIOLA
80.00
wf
102546
09/23/05
LOFGREN, DELORES
68.00
wf
102547
09/23/05
LOFGREN, RICHARD
163.88
wf
102548
09/23/05
LOWE- ADAMS, SHARI
106.00
wf
102549
09/23/05
LUTTRELL, SHIRLEY
189.75
wf
102550
09/23/05
MAHRE, CAROL
195.25
wf
102551
09/23/05
MAHRE, GERALDINE
142.00
wf
102552
09/23/05
MANTHEY, JOHN
189.75
wf
102553
09/23/05
MARSH, DELORES
64.00
wf
102554
09/23/05
MASKREY, THOMAS
84.00
wf
102555
09/23/05
MECHELKE, MARYLOU
136.00
wf
102556
09/23/05
MEYER, JACQUELINE
134.00
wf
102557
09/23/05
MISGEN, JOAN
132.00
wf
102558
09/23/05
MOLLERS, KATHERINE
134.00
wf
102559
09/23/05
MOSSONG, BETTY
136.00
wf
102560
09/23/05
NIEMAN, JAMES
168.63
wf
102561
09/23/05
METERS, LOUISE
192.38
wf
102562
09/23/05
NORBERG, ANN
78.00
wf
102563
09/23/05
OLSON, LOIS
134.00
wf
102564
09/23/05
ORLANDO, SALLYE
132.00
wf
102565
09/23/05
PARIANA, PATRICE
104.00
wf
102566
09/23/05
PEHL, DAVID
136.00
wf
102567
09/23/05
RADERMACHER, KARLA
134.00
wf
102568
09/23/05
ROWE, CHARLES
76.00
wf
102569
09/23/05
RUDEEN, ELAINE
56.00
wf
102570
09/23/05
SCHAAF, LARRY
166.25
wf
102571
09/23/05
SCHOENECKER, SANDRA
156.75
wf
102572
09/23/05
SCHROEPFER, HARRIET
132.00
wf
102573
09/23/05
SHAUL, CHRISTOPHER
166.25
wf
102574
09/23/05
SHORES, TERESA
80.00
20
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
21
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
wf
102575
09/23/05
SPANGLER, ROBERT
132.00
wf
102576
09/23/05
SPIES, LOUIS
136.00
wf
102577
09/23/05
STAFKI, TIM
97.38
wf
102578
09/23/05
STEVENS, SANDRA
84.00
wf
102579
09/23/05
TAYLOR, LORRAINE
132.00
wf
102580
09/23/05
TAYLOR, RITA
134.00
wf
102581
09/23/05
TAYLOR, VALERIE
136.00
wf
102582
09/23/05
THOMPSON, MILO
142.00
wf
102583
09/23/05
THOMPSON, PATRICIA
189.75
wf
102584
09/23/05
TILLMAN, LEILA
134.00
wf
102585
09/23/05
TOLBERT, D- FRANKLIN
136.00
wf
102586
09/23/05
TRIPPLER, DALE
136.00
wf
102587
09/23/05
TUCKER, CECILIA
48.00
wf
102588
09/23/05
UNGER, CONSTANCE
136.00
wf
102589
09/23/05
URBANSKI, HOLLY
195.25
wf
102590
09/23/05
VAN BLARICOM, BEULAH
166.25
wf
102591
09/23/05
VANDEVEER, BARBARA
132.00
wf
102592
09/23/05
VATNE, MARY
116.00
wf
102593
09/23/05
WAGNER, CONNIE
48.00
wf
102594
09/23/05
WANDERSEE, GENE
72.00
wf
102595
09/23/05
WASMUNDT, GAYLE
88.00
wf
102596
09/23/05
WILLY, JOHN
159.13
wf
102597
09/23/05
WITSCHEN, DELORES
136.00
wf
102598
09/23/05
ZACHO, KAREN
132.00
wf
102599
09/23/05
PALANK, MARY
1,631.66
wf
102600
09/23/05
SVENDSEN, JOANNE
2,065.64
wf
102601
09/23/05
SHORTREED, MICHAEL
3,062.48
wf
102602
09/23/05
WELCHLIN, CABOT
3,091.09
wf
102603
09/23/05
BAUMAN, ANDREW
56.00
wf
102604
09/23/05
MYERS, TODD
1,043.14
wf
102605
09/23/05
FREBERG, RONALD
1,877.89
wf
102606
09/23/05
JAROSCH, JONATHAN
333.20
wf
102607
09/23/05
EDSON, DAVID
1,877.88
wf
102608
09/23/05
HELEY, ROLAND
1,877.88
wf
102609
09/23/05
HINNENKAMP, GARY
2,117.43
wf
102610
09/23/05
LEVDORFF, DENNIS
1,844.37
wf
102611
09/23/05
NOVAK, MICHAEL
1,804.55
wf
102612
09/23/05
BERGREN, KIRSTEN
146.25
wf
102613
09/23/05
GERNES, CAROLE
401.75
wf
102614
09/23/05
SOUTTER, CHRISTINE
156.88
wf
102615
09/23/05
DANNER, BRENDA
394.89
wf
102616
09/23/05
BERGER, STEPHANIE
88.00
wf
102617
09/23/05
BUSMAN, CHRISTINA
72.00
wf
102618
09/23/05
FRANK, STEVE
180.00
wf
102619
09/23/05
GALLANT, CHARLENE
66.00
wf
102620
09/23/05
GOODRICH, DANIELLE
312.00
21
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
22
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
wf
102621
09/23/05
HANSEN, ALEXANDER
39.00
wf
102622
09/23/05
KEEM, JOSH
132.00
wf
102623
09/23/05
KOHLMAN, JENNIFER
38.00
wf
102624
09/23/05
LANG, THOMAS
45.00
wf
102625
09/23/05
LO, CHUEPHENG
180.00
wf
102626
09/23/05
PREW, WILLIAM
72.00
wf
102627
09/23/05
UNDERHILL, KRISTEN
172.00
wf
102628
09/23/05
HAAG, MARK
1,771.78
wf
102629
09/23/05
NADEAU, EDWARD
2,957.34
wf
102630
09/23/05
GLASS, JEAN
1,814.45
wf
102631
09/23/05
HER, CHONG
84.70
wf
102632
09/23/05
NAGEL, BROOKE
267.58
wf
102633
09/23/05
TOLBERT, FRANCINE
87.50
wf
102634
09/23/05
ANDERSON, CALEB
80.09
wf
102635
09/23/05
ANDERSON, JOSHUA
65.08
wf
102636
09/23/05
ANDERSON, JUSTIN
65.08
wf
102637
09/23/05
ANDERSON, RYAN
42.25
wf
102638
09/23/05
ARNEVIK, ERICA
17.50
wf
102639
09/23/05
BRENEMAN, SEAN
25.20
wf
102640
09/23/05
BRUSOE, CRISTINA
35.75
wf
102641
09/23/05
CLARK, PAMELA
17.00
wf
102642
09/23/05
COSTA, JOSEPH
338.10
wf
102643
09/23/05
DEMPSEY, BETH
69.90
wf
102644
09/23/05
FENGER, JUSTIN
54.75
wf
102645
09/23/05
GRANT, MELISSA
233.70
wf
102646
09/23/05
GRUENHAGEN, LINDA
289.40
wf
102647
09/23/05
HAGSTROM, EMILY
19.50
wf
102648
09/23/05
LEMAY, KATHERINE
19.50
wf
102649
09/23/05
LUTZ, CHRISTINA
19.50
wf
102650
09/23/05
MCCANN, NATALIE
14.00
wf
102651
09/23/05
MORIS, RACHEL
55.25
wf
102652
09/23/05
NWANOKWALE, MORDY
22.75
wf
102653
09/23/05
RICHTER, NANCY
34.00
wf
102654
09/23/05
ROSTRON, ROBERT
105.63
wf
102655
09/23/05
RYDEEN, ARIEL
115.20
wf
102656
09/23/05
SCHMIDT, EMILY
41.70
wf
102657
09/23/05
SCHOENECKER, SAMANTHA
61.20
wf
102658
09/23/05
SCHREINER, MICHELLE
119.48
wf
102659
09/23/05
SMITLEY, SHARON
191.60
wf
102660
09/23/05
WARNER, CAROLYN
95.80
wf
102661
09/23/05
WHITE, NICOLE
431.56
wf
102662
09/23/05
WILLIAMS, KRISTINE
117.01
wf
102663
09/23/05
WOLFGRAM, MARY
42.25
wf
102664
09/23/05
WOODMAN, ALICE
78.33
wf
102665
09/23/05
BOSLEY, CAROL
207.90
wf
102666
09/23/05
KELLY, BRYAN
147.00
22
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
23
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
wf
102667
09/23/05
LEWIS, AMY
61.25
wf
102668
09/23/05
ODDEN, JESSICA
11.03
wf
102669
09/23/05
OIE, REBECCA
11.03
wf
102670
09/23/05
PARAYNO, GUAI
185.00
wf
102671
09/23/05
VAN HALE, PAULA
81.90
wf
102672
09/23/05
ANDERSON, MATT
106.40
wf
102673
09/23/05
BALDWIN, JANA
192.55
wf
102674
09/23/05
DOUGLASS, TOM
1,308.92
wf
102675
09/23/05
HER, PHENG
155.73
wf
102676
09/23/05
GGRADY, VICTORIA
135.98
wf
102677
09/23/05
GGRADY, ZACHARY
86.88
wf
102678
09/23/05
OLSON, CHRISTINE
19.95
wf
102679
09/23/05
SCHOENECKER, LEIGH
127.00
wf
102680
09/23/05
SIMPSON, JOSEPH
177.60
wf
102681
09/23/05
SIMPSON, KIMBERLYN
20.85
wf
102682
09/23/05
THEESFELD, CALEB
55.60
wf
102683
09/23/05
VANG, HUE
66.68
wf
102684
09/23/05
VANG, KAY
59.08
wf
102685
09/23/05
VANG, TIM
106.23
wf
102686
09/23/05
VUE,LORPAO
66.68
471,157.75
23
Agenda Item G.2
MEMORANDUM
TO: Richard Fursman, City Manager
FROM: Shann Finwall, AICP, Planner
SUBJECT: Chesapeake Retail Center Conditional Use Permit Review
LOCATION: 3081, 3085, 3087, and 3095 White Bear Avenue
DATE: October 3, 2005
INTRODUCTION
The conditional use permit for the Chesapeake Retail Center located on the southwest comer of
County Road D and White Bear Avenue is due for review. The CUP was required for the planned
unit development of the old Maplewood Movie's theater site into a retail center with four
freestanding buildings including TGI Fridays, Buffalo Wild Wings, Jared Jewelers, and a multi -
tenant retail center.
DISCUSSION
Jared Jewelers and Buffalo Wild Wings are complete and open for business. The multi- tenant
building is leased out with two small restaurants (Pei Wei and Jimmy Johns), a hair salon, and a
wireless retailer. Interior finishes of these tenant spaces are underway. TGI Fridays is currently
under construction. The remainder of the project including parking lot, landscaping, and lighting
has been installed. The city should review the CUP again in one year to ensure completion of the
project including all remaining landscaping and that all conditions of approval are being met.
RECOMMENDATION
Approve the conditional use permit for a planned unit development for the Chesapeake Retail
Center located at 3081, 3085, 3087, and 3095 White Bear Avenue, and review the conditional use
permit again in one year.
P:sec2N \2005 CUP Review
Attachments:
1. Location Map
2. Site Plan
3. May 24, 2004, City Council Minutes
Attachment 1
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Site Plan
Attachment 3
MINUTES
MAPLEWOOD CITY COUNCIL
7:06 P.M. Monday, May 24, 2004
Council Chambers, Municipal Building
Meeting No. 04 -11
4. 9:26 p.m. Chesapeake Companies Retail Center (Maplewood Movies I Site - 3091
White Bear Avenue)
Preliminary Plat
Planned Unit Development
Design Approval
a. City Manager Fursman presented the report.
b. Associate Planner Finwall presented specifics from the report.
C. Boardmember Longrie -Kline presented the Community Design Review Board report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Jeff Wurst, Chesapeake Companies Development Group, LLC
Jim Schmidt, Legal Counsel for Buffalo Wildwings, Inc.
Sheri Ahrens, Westwood Professional Services, Inc
Jeff Wurst, second appearance
e. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to approve the preliminary plat for the Chesapeake Retail
Center at 3091 White Bear Avenue date stamped March 30, 2004. Approval is subject to the
following conditions:
a. Have the city engineer approve final construction and engineering plans. These plans
shall comply with all requirements as specified in the city engineering department's
April 26, 2004, engineering plan review.
b. Revise the plat to show:
1) The dedication of 10 feet of additional right -of -way along White Bear
Avenue.
2) The dedication of 17 feet of additional right -of -way along County Road D.
C. Prior to final plat approval, the following must be submitted for city staff approval:
1) Easement agreement that governs and provides for legal cross easements for
05 -24 -04 CC Minntcs
Pagc 1
parking, access, and utilities between all lots within the project.
2) Easement agreement for the installation and maintenance of a freestanding
sign on Lot 1 to benefit Lot 2.
3) Owners association agreement specifying responsibilities for insurance, taxes
and maintenance of all commonly owned property and facilities (including
snow plowing).
d. Record all easements and owners association agreements with the final plat.
Seconded by Councilmember Rossbach Ayes -All
Councilmember Koppen moved to adopt the following resolution approving a conditional use
permit for a planned unit development for the development of four restaurant /retails buildings
at 3091 White Bear Avenue ) Chesapeake Retail Center
CONDITIONAL USE PERMIT RESOLUTION 04 -05 -097
WHEREAS, Chesapeake Companies Development Group, LLC, applied for a conditional use
permit for a planned unit development to construct four restaurant /retail buildings for a development
known as Chesapeake Retail Center.
WHEREAS, this permit applies to the property at 3091 White Bear Avenue. The legal
description is Lot 1, Block 1, Maplewood Mall Addition.
WHEREAS, the history of this conditional use permit is as follows:
On May 3, 2004, the planning commission reviewed this request and made a recommendation
about this permit.
2. On May 24, 2004, the city council held a public hearing. 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 from the city staff and planning commission.
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.
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
05 -24 -04 CC Minntcs
Pagc 2
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water runoff, 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. Have the city engineer approve final construction and engineering plans. These plans shall
comply with all requirements as specified in the city engineering department's April 26, 2004,
engineering plan review as well as the following:
a. A westward extension of the retaining wall south of Building D (Jared Jewelers). The
retaining wall height must be sufficient to create a prevailing ground slope away from
Building D, thereby deflecting a potential flow from a pipeline leak.
2. An easement agreement that governs and provides for legal cross easements for parking, access,
and utilities between all lots within the project.
3. An easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to
benefit Lot 2.
4. An owners association agreement specifying responsibilities for insurance, taxes and maintenance
of all commonly owned property and facilities (including snow plowing).
5. All 8- foot -wide parking spaces must be signed as either "employee" or "compact" car parking
only.
6. Signage for Buildings B, C, and D are allowed as follows:
a. One freestanding sign, 25 feet in height and 100 square feet in area. Freestanding sign
height must be measured from building grade to top of the sign, not ground grade to top of
sign. The TGI Friday's and Jared Jeweler's freestanding signs must maintain a 5 -foot setback
to the White Bear Avenue right -of -way and a 10 -foot setback to all side property lines. The
Buffalo Wild Wing's freestanding must maintain a 1 -foot setback to the County Road D
right -of -way and a 5 -foot setback to the side property line. All three freestanding signs must
have a decorative base constructed of quality building materials to match the corresponding
buildings.
05 -24 -04 CC Minntcs
Pagc 3
b. Three wall signs per building, only one per elevation. Size of the wall sign is limited to 20
percent of the gross wall area on which the sign is attached. Wall signs are not permitted on
a canopy.
All construction shall follow the plans date- stamped March 30, 2004 and April 26, 2004, with
revisions as noted in this approval. The city council may approve major changes to the plans.
The Director of Community Development may approve minor changes to the plans, including a
change to the site plan for the proposed future driveway access onto White Bear Avenue,
pending Ramsey County engineer and city engineer approval.
8. The proposed construction must be substantially started within one year of city council approval
or the permit shall end. The city council may extend this deadline for one year.
9. The city council shall review this permit in one year.
Seconded by Councilmember Monahan -Junk Ayes -All
Councilmember Koppen moved to approve the building and sign elevations, site plan, and
landscape elan date - stamped March 30.2004: the fiehtine plan date - stamped ADrll 26.2004
and the Jared Jewelers foundation landscape plan date - stamped April 26, 2004, for the
development of the Chesapeake Retail Center 3091 White Bear Avenue:
The developer shall do the following (changes made by city council reflected as
underlined if added or stricken if deleted):
a. Repeat this review in two years if the city has not issued a building permit for all three
buildings for this project (Buildings B, C, and D).
b. Submit the following to city staff prior to issuance of a grading or building permit:
1) Have the city engineer approve final construction and engineering plans.
These plans shall comply with all requirements as specified in the city
engineering department's April 26, 2004, engineering plan review as well as
the following:
a) A westward extension of the retaining wall south of Building D (Jared
Jewelers). The retaining wall height must be sufficient to create a
prevailing ground slope away from Building D, thereby deflecting a
potential flow from a pipeline leak.
2) Obtain a demolition permit for the removal of the existing Maplewood Movie
I Theater building.
3) Obtain the required Ramsey /Washington Metro Watershed District permits.
4) Submit payment for all required Park Access Charges (PAC fees) as specified
in the Park Director's April 14, 2004, correspondence to Chesapeake
Companies.
05 -24 -04 CC Minutcs
Pagc 4
5) Submit an easement agreement that governs and provides for legal cross
easements for parking, access, and utilities between all lots within the project.
6) Submit an easement agreement for the installation and maintenance of a
freestanding sign on Lot 1 to benefit Lot 2.
7) Submit an owners association agreement specifying responsibilities for
insurance, taxes and maintenance of all commonly owned property and
facilities (including snow plowing).
8) Submit a revised site plan showing the following:
a) The dedication of 10 feet of additional right -of -way along White Bear
Avenue.
b) The dedication of 17 feet of additional right -of -way along County
Road D.
C) Building C (TGI Fridays) and Building D (Jared Jewelers) shifted
approximately five feet to the south, or a lesser distance, to
accommodate a future driveway located to the north of Building C
that would extend onto White Bear Avenue.
d) Pending continued cooperation with the adjacent property owner,
show the location of a driveway and pedestrian cross -access on the
south side of the property, to accommodate entrance and egress to and
from the southerly property (3065 White Bear Avenue).
e) The extension of the sidewalk in front of Building A (future
retail/restaurant) onto the County Road D trail.
f) A pedestrian access extending from the White Bear Avenue sidewalk.
9) A revised landscape plan, subject to review and approval by staff, that shows
the following:
a) Pending a shared driveway scenario with Arbys, a revised landscape
plan showing the area of disturbance and landscaping proposed.
b) Seven A dditional trees on the west side of the property, between the
sidewalk and the Maplewood Mall road.
C) Additional plantings in front of Jared Jeweler's dumpster enclosure to
help screen the enclosure from White Bear Avenue.
d) A foundation landscape plan for TGI Fridays and Buffalo Wild Wings.
These plans should be consistent and complement the overall
landscaping and Jared Jeweler's foundation plantings, and should
ensure appropriate plantings in front of all dumpster enclosures to
05 -24 -04 CC Minntcs
Pagc 5
ensure screening from the roadways.
e) An underground irrigation plan to ensure all landscaping is irrigated
per city code.
10) Revised building and dumpster enclosure elevations showing the following:
TGI Fridays:
a) Removal of the EIFS building material and replacement with brick,
granite, and/or stone building materials and consistent building detail,
including parapet walls, on all elevations of the building.
b) Dumpster and recycling enclosure constructed of quality building
materials to match the building. The enclosure must be at least 6 feet
high and have a 100 - percent opaque gate.
Jared Jewelers:
a) Dumpster and recycling enclosure constructed of quality building
materials to match the building. The enclosure must be at least 6 feet
high and have a 100 - percent opaque gate.
Buffalo Wild Wings:
a) Removal of the exposed neon stripe.
b) Dumpster and recycling enclosure constructed of quality building
materials to match the building. The enclosure must be at least 6 feet
high and have a 100 - percent opaque gate.
C) A 6- foot -high fence around the proposed outdoor patio to be
approved by the city council prior to issuance of a liquor license for
Buffalo Wild Wings.
11) A revised outdoor fighting and photometric plan. The revised plan shall show
the exact location, height, and style of all outdoor fights. The fight
illumination from all outdoor fights may not exceed .4- foot - candles at all
property fines.
12) A cash escrow or an irrevocable letter of credit for all required exterior
improvements. The amount shall be 150 percent of the cost of the work.
C. Prior to issuance of sign permits, the following must be submitted:
1) Sign elevations for Buildings B, C, and D as follows:
a) One freestanding sign, 25 feet in height and 100 square feet in area.
Freestanding sign height must be measured from building grade to top
05 -24 -04 CC Minntcs
Pagc 6
of the sign, not ground grade to top of sign. The TGI Friday's and
Jared Jeweler's freestanding signs must maintain a 5 -foot setback to
the White Bear Avenue right -of -way and a 10 -foot setback to all side
property lines. The Buffalo Wild Wing's freestanding sign must
maintain a 1 -foot setback to the County Road D right -of -way and a 5-
foot setback to the side property line. All three freestanding signs
must have a decorative base constructed of quality building materials
to match the corresponding buildings.
b) Three wall signs per building, only one per elevation. Size of the wall
sign is limited to 20 percent of the gross wall area on which the sign is
attached. Wall signs are not permitted on a canopy.
2) A detailed landscape plan for the base of all three proposed freestanding signs.
d. Complete the following before occupying the buildings:
1) Install all required exterior improvements.
2) Screen all roof - mounted equipment visible from streets.
e. If any required work is not done, the city may allow temporary occupancy if:
1) The city determines that the work is not essential to the public health, safety
or welfare.
2) The above - required letter of credit or cash escrow is held by the City of
Maplewood for all required exterior improvements. The owner or contractor
shall complete any unfinished exterior improvements by June 1 if occupancy of
the building is in the fall or winter, or within six weeks of occupancy of the
building if occupancy is in the spring or summer.
All work shall follow the approved plans. The city council may approve major
changes to the plans. The Director of Community Development may approve minor
changes to the plans, including a change to the site plan for the proposed future
driveway access onto White Bear Avenue, pending Ramsey County engineer and city
engineer approval.
g. Building A and signs associated with Building A are not included in this community
design review approval.
� new:eeeseeessese:�r.�:res�riss
Seconded by Councilmember Monahan -Juenk Ayes -All
05 -24 -04 CC Minntcs
Pagc 7
Agenda Item G3
F-091 � 0 1 07T\ V : 1901 : i 1
TO: Richard Fursman
City Manager
FROM: Sherrie Le
Human Resource Director
RE: Environmental Manager and MCC Manager Pay Range
DATE: September 28, 2005
I have completed my evaluation of the position of Environmental Manager created on
August 1, 2005 by Chuck AN for the Public Works Department. I found the position is
comparable in overall responsibility, authority, difficulty and complexity to the position of
Community Center Manager.
The position of Community Center Manager has not been evaluated for pay purposes
since 1993 when it was first created so I reviewed both positions using internal and
external comparables. Based on my analysis, I recommend that the salary range for
the Environmental Manager be established at: $55,000 - $75,000 per year and that the
salary range for Community Center Manager be increased from $52,789 - $72,056 to
$55,000 - $75,000 per year.
These positions are non - union, benefit - earning exempt positions
RECOMMENDATION
It is recommended that the City Council approve the revised 2005 salary range for the
non -union position of Community Center Manager and the establishment of the salary
range for the new non -union position of Environmental Manager at $55,000 - $75,000
per year, retroactive to August 1, 2005.
Agenda Item G4
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
Erin Laberee, Assistant City Engineer
SUBJECT: County Road D Realignment East (Surcharge and Pond Contract), City Project
02 -07, Approval of Modifications to Existing Construction Contract, Change
Orders 4 & 5
DATE: September 29, 2005
INTRODUCTION
Bids for this project were received and opened on Tuesday, October 28, 2003, and the construction
contract was awarded to F.M. Frattalone Excavation on November 10, 2003. To date, most of the work is
complete. Change orders 4 and 5 relate to the plantings in the surcharge pond. The city council will
consider approving the attached resolution directing modification of the existing contract for the soil
stabilization phase of this project.
Background
This project has two construction contracts: the soil stabilization portion, which was awarded to F.M.
Frattalone Excavating, and the road construction portion, which was awarded to Shafer Construction. The
attached change orders 4 & 5 would reflect an increase of $ $4,907.93 in the soil stabilization contract with
F.M. Frattalone Excavating. Attached are Change Orders 4 & 5 which summarize the purpose of the work.
Change Order No. 4 for $4,907.93 is for goose netting on the pond slopes to protect plants. Change Order
No. 5 is for a time extension on the contract to allow for planting in the pond until the end of the planting
season on October 20` 2005. The original contract amount was $1,116,861.91. The revised contract
amount would be $1,464,327,84.
Discussion /Budget Impact
This contract has exceeded the original contract amount. Before the project is completed, it is anticipated
that a project budget increase and a revised project financing plan will be necessary. At this time no
change to the project budget is proposed.
Nx8101MI MI:Iki UL1111 III [a]ki I
It is recommended that the city council approve the attached resolution Directing the Modification of the
Existing Construction Contract, Change Order No. 4 and the recommended revisions of contract
completion dates, Change Order No. 5.
Attachments:
1. Resolution
2. Change Order No. 4
3. Change Order No. 5
4. Location map
Agenda Item G4
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
Construction of County Road D Realignment East (T.H. 61 to Southlawn Dr.) City Project 02 -07,
and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 02 -07, Change Order No. 4 & 5.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the
existing contract by executing said Change Order No. 4 & 5 in the amount of $4,907.93. The
revised contract amount is $1,464,327.84.
No revisions to the project budget are proposed at this time.
URS Copy
City copy
CHANGE ORDER NO. 4 Contractor Copy
DEPARTMENT OF PUBLIC WORKS
CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA
Project Name: County Road D Realignment — Surcharge Pond, Wetland Mitigation
Project No. City Project 02 -07
Contractor: Frattalone Companies, Inc. Date: 9/14/05
In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following
provisions:
To protect plant patches and facilitate permanent vegetation on surcharge pond slopes, the City of
Maplewood requested installation of goose netting around planting perimeters and throughout planting
areas of the surcharge as outlined in Goose Management Specifications for Installation of Protective
Netting. Frattalone Companies offered to furnish and install the netting at a price of $ 1.63 per lineal foot
assuming an estimated netting quantity of 3,011 lineal feet. MnDOT Estimating and the City of
Maplewood approved pricing submitted by Frattalone Companies for the netting installation.
Estimated Cost $1.63 x 3,011 LF = $4,907.93 The value of this extra work is $ 4,907.93.
Contract Status Cost
Original Contract $1,116,861.91
Net Change of Prior Approved
Change Order No. 1,2,3 $ 342,558.00
Approved Revised Contract: $ 1,459,419.91
Change this Change Order: $ 4,907.93
Possible Revised Contract: $ 1,464,327.84
Approval
Mayor
Approval
/ Engineer
Agreed to � C actor
C -
f
By
Its
Title C?
C.O. #4, Page 1 of 1
URS Copy
city copy
CHANGE ORDER NO. 5 Contractor Copy
DEPARTMENT OF PUBLIC WORKS
CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA
Project Name: County Road D Realignment — Surcharge Pond, Welland Mitigation
Project No. City Project 02 -07
Contractor: Frattalone Companies, Inc. Date: 9/14/05
In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions:
The Contract Agreement dates shall be changed with no change to the contract unit bid prices. The following changes
shall be made to the Agreement:
3.1 - Schedule (change the following to read)
a. The work will begin by Monday, November 17, 2003, and will be substantially completed on
or before Thursday, October 20, 2005.
The work on the Pond and Wetland Mitigation shall be substantially completed on or before Thursday,
October 20, 2005.
b. Final completion shall be on or before Thursday, October 20, 2005.
To meet the requirements for final completion, all required pay items shall be completed. Final completion
shall include project cleanup, traffic control and erosion control removals and punch list items.
Contract Status
Original Contract
Net Change of Prior Approved
Change Order No. 1,2,3
Approved Revised Contract:
Net Change of Prior Pending
Change Order No. 4
Change this Change Order:
Possible Revised Contract:
Approval
Time Cost
Completion - June 18, 2004 $ 1,116,861.91
$ 342,558.00
$ 1,459,419.91
$ 4,907.93
Completion — October 20, 2005 $ 0.00
$1,464,327.84
Approval
Agreed to
By l�
Its
Mayor
Engineer
or
Title ;
C.O. #5, Page 1 of 1
Ilk
E3
Agenda G5
MEMORANDUM
TO: Richard Fursman, City Manager
FROM: Karen Guilfoile, City Clerk
DATE: September 29, 2005
RE: Certification of Election Judges
RESOLUTION ACCEPTING ELECTION JUDGES
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election
Judges for the 2005 General Election, to be held on Tuesday, November 8, 2005.
Shari Adams
Constance Hines
Louise Nieters
Fran Ahems
Mary Holzemer
Ann Marie Norberg
Suzanne Anderson
Shirlee Horton
Lois Olson
Elsie Anderson
Lynn Huntoon
Sallye Orlando
Cynthia Anderson
Mildred Iverson
David Pehl
Ronald Anderson
Jeff Janacek
James Petrie
Ahsan Ansari
Gwendolyn Jefferson
Karla Radermacher
Marlis Barrett
Judith Johannessen
Charles Rowe
Joan Barrett
Barbara Johnson
Elaine Rudeen
Jaime Belland
Joyce Jurmu
Larry Schaaf
Mery Berger
Marilyn Kidman
MaryAnn Schneider
Jeanne Bortz
Harold Kirchoff
Sandy Schoenecker
Anna Breidenstein
Rosemary Koch
Harriet Schroepfer
Jeanette Bunde
Joan Kolasa
Brian Shaul
Lucille Cahanes
Joseph Kolasa
Teresa Shores
Robert Carr
Mona Lou Krekelberg
Bob Spangler
Ann Cleland
Josephine Krominga
Tim Statki
Thomas Connelly
Marvella Lackner
David Stark
Colleen Connolly
Rita Lally
Sandra Stevens
Mae Davidson
Charlotte Lampe
Rita Taylor
Marianne Davidson
Anita Larson
Lorraine Taylor
Beverly Dean
Lorraine Lauren
Milo Thompson
Edward Deeg
Ann Leo
Pat Thompson
Bhupat Desai
Pati Leo
Leila Tillman
Helen Jean Dickson
Claudette Leonard
Franklin Tolbert
Audrey Diesslin
Steve Lincowski
Dale Trippler
Kathleen Dittel
Vi Lincowski
Celilia Tucker
Diane Droeger
Delores Lofgren
Connie Unger
Fred DuCharme
Richard Lofgren
Holly Urbanski
Audrey Duellman
Robert Lundgren
Vilhelmine Vanags
Carolyn Eickhoff
Shirley Luttrell
Beulah VanBlaricom
Elizabeth Erickson
Jeri Mahre
Barabra Vandeveer
Ann Fallon
Carol Mahre
Mary Vante
Lorraine Fishcer
Rose Marie Manders
Connie Wagner
Mary Fischer
John Manthey
Gene Wandersee
Delores Fitzgerald
Delores Marsh
Gayle Wasmundt
Anne Fosburgh
Thomas Maskrey
John Willy
Lucille Foster
Gerladine Mechelke
Delores Witschen
James Franzen
MaryLou Mechelke
Karen Zacho
MaryJo Freer
Jackie Meyer
Samantha Fritsche
Joan Misgen
Clarice Gierzek
Katherine Mollers
Diane Golaski
Betty Mossong
Betty Granger
Howard Muraski
Guy Grant
Gerry Muraski
Jamie Gudknecht
Thomas Myster
Lloyd Hecht
Gloria Nelson
Gordon Heinenger
James Nieman
/dTe1Akq 107d\kq [9�V!
AGENDA REPORT
TO: City Manager
FROM: Finance Director
RE: 2005 Budget Adjustments for Ambulance Service and Capital
Project Funds
DATE: October 4, 2005
The following 2005 budget adjustments are recommended for the reasons indicated:
1. Increase account 410 - 000 - 000 -4930, investment management fees, by $420 as the
amount in the original budget were underestimated. The fees are based on investment
earnings and the amount invested which is difficult to estimate.
2. Increase account 424 - 000 - 000 -4930, investment management fees, by $560 as the
amount in the original budget were underestimated. The fees are based on investment
earnings and the amount invested which is difficult to estimate.
3. Increase account 426- 000 - 000 -4820, interest payments, by $14,920 as the amount
in the original budget were underestimated. The interest payment to the developer is
based on the tax increment which is difficult to predict.
4. Increase account 428 - 000 - 000 -4480, fees for service, by $1,350 as the amount in
the original budget was underestimated. This is a Ramsey Count fee for a new tax
increment district.
5. Increase account 429 - 000 - 000 -4480, fees for service, by $1,230 as the amount in
the original budget was underestimated. This is a Ramsey Count fee for a new tax
increment district.
6. Increase account 606 - 203 - 000 -4480, fees for service, by $5,000 as the amount in
the original budget was underestimated. This is for collection agency fees which are
always difficult to predict.
rGTe7Akq 1.7G1kq [.�11
AGENDA REPORT
TO: City Manager
FROM: Finance Director
RE: 2005 Budget Adjustments for General Fund
DATE: October 4, 2005
Annually when the General Fund budget is prepared, revenue accounts are analyzed and
a re- estimate for current year revenues is prepared. This information along with a re-
estimate of expenditures for the current year is used to forecast the ending fund balance
for the current year. The size of this balance is an important factor for the preparation of
the budget for the next year.
Monthly reports are prepared to monitor actual revenues and expenditures compared to
the budget. After the budget for the next year is prepared, the re- estimates for the current
year are more important that the original budget. Therefore, it would be appropriate at this
time to revise the 2005 budget for the re- estimates. On August 8 when the proposed 2006
Budget was presented to the Council, authorization was given to reduce the 2005 General
Fund expenditure budget by $435,800. At this time, it is recommended that the Council
approve an increase of $709,245 in the 2005 General Fund revenue budget.
P \agn \2005 budget changes2
UTe1A0 107G1019�K!
AGENDA REPORT
TO: City Manager
FROM: Finance Director and Fire Chief
RE: 2005 Payment to Firefighters Pension Fund
DATE: October 4, 2005
It has been past policy for the city to make an annual payment to the firefighters' pension
fund in December equal to the minimum required contribution. Beginning with this year's
payment, it is proposed that the policy be changed. The proposed new policy is to make
the annual payment the higher of the minimum required contribution or $1,000 per paid -
per -call firefighter. The amount per firefighter could be revised in the future depending on
budget limitations.
The reason for the proposed change is to minimize the annual fluctuation of the amount to
make planning easier for the city and the relief association. Over the past five years the
annual payment has ranged from $0 to $225,854.
The minimum required payment for 2005 is $18,752. At a rate of $1,000 per firefighter, the
2005 payment would be $81,000. The 2005 budget has sufficient funds to finance the
$81,000 payment but Council approval is required before the payment can be made.
P\agn \MFRA 2005 PAYMENT
Agenda Item G9
MEMORANDUM
TO: City Manager
FROM: Ken Roberts, Planner
SUBJECT: Tax Increment Financing Development Agreement Revision
PROJECT: Van Dyke Village Housing
LOCATION: 2191 — 2231 Van Dyke Street
DATE: September 27, 2005
INTRODUCTION
Bruce Mogren, representing the developer, and Jenny Boulton, of Briggs and Morgan, are
requesting that the city council approve a revision for the tax increment financing (TIF)
development agreement for the Van Dyke Village housing development. According to Ms.
Boulton, there was an error in the city- approved documents about the income levels of the
persons occupying units within the development. (Please see her letter on page two and the
maps of the area on pages three through five.)
BACKGROUND
On April 28, 2003, the city council approved a land use plan change and a planned unit
development (PUD) for the 20 unit Van Dyke Village housing development.
In 2003, the city approved the use of tax - increment financing and the financing development
agreement for the Van Dyke Village housing project.
DISCUSSION
The proposed amendment to the development agreement will not affect the city and is, according
to Ms. Boulton, a correction for an error that occurred in the preparation of the documents. Having
at least 75 percent of the units in the development with the income level revised to the 60 percent
of the county median income level (instead of 50 percent) will still put the project well above the
minimum state standard of having at least 40 percent of the units at the 60 percent income level.
INx8101MIMI:Iki UL1111 III [a]ki
Approve the resolution starting on page six. This resolution approves an amendment to the Van
Dyke Village tax - increment financing agreement and authorizes the city staff to execute the
necessary documents for signatures.
p /Sec 11 /van dyke housing agreement revision - 2005
Attachments:
1. September 26, 2005 letter from Jenny Boulton
2. Location Map
3. Area /Address Map
4. Site Plan
5. Amendment of Approval Resolution
BRIGGS AND MORGAN
PROFESSIONAL ASSOCIATION
September 26, 2005
VIA EMAIL
Mr. Ken Roberts
Associate Planner
City of Maplewood
1830 East County Road B
Maplewood, MN 55109
WRITER'S DIRECT DIAL
(651) 808 -6484
WRITER'S E-MAIL
jboulton @briggs.com
Re: City of Maplewood, Minnesota — Development Agreement with Van Dyke
Street Homes, Limited Partnership
Dear Ken:
The City and Van Dyke Street Homes, Limited Partnership (the "Developer ") entered
into a Development Agreement on November 17, 2003 (the "Development Agreement ") in
connection with the construction of an approximately 20 unit multifamily housing development
located in the City (the 'Project "). During the course of drafting the Development Agreement
we were asked to provide in Section 3.3(1)(A) that at least 75% of the residential units in the
Project would be occupied or available for occupancy by persons whose incomes do not exceed
50% of the County median income. That turns out to have been a mistake and the requirement
should have been left at 60% of the County median income as it had been as it had been for the
Sibley Cove project which involved a related developer. Even at the 60% income level the
Project is well above the minimum state law requirements for tax increment housing projects
which would require only 40% of the units (rather than 75 %) be occupied by persons whose
incomes do not exceed 60% of the County median income.
The City Council is being asked to consider an amendment to correct what is essentially a
drafting error. It is my understanding that this change is consistent with the goals and intentions
of the parties and the current operations of the Project. Furthermore, there is no reason under the
tax increment financing law this should not be made.
If you have any questions, please feel free to give me a call.
Very truly yours,
,fenny (Boufton
Jenny Boulton
JSB
Enclosure
2200 FIRST NATIONAL BANK BUILDING
332 MINNESOTA STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE (651) 8086600
.. FACSIMILE (651) 808 -6450
1814745v1 MINNEAPOLIS OFFICE • IDS RNTER • WWW.BRIGGS.COM
MEMBER -LED MUNDI, A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS
Attachment 2
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Attachment 5
EXTRACT OF MINUTES OF MEETING
OF THE CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA
HELD: October , 2005
Pursuant to due call and notice thereof, a meeting of the Maplewood City Council,
Ramsey County, Minnesota, was duly called and held at the Maplewood City Hall on Monday,
the day of October, 2005, at o'clock p.m.
The following members were present:
and the following were absent:
Member introduced the following resolution and moved its adoption:
RESOLUTION NO.
AUTHORIZING EXECUTION OF AN
AMENDMENT TO DEVELOPMENT AGREEMENT
A. WHEREAS, the City and Van Dyke Street Homes, Limited Partnership, a
Minnesota limited partnership (the "Developer ") have entered into a Development Agreement,
dated as of November 17, 2003 (the "Development Agreement ") in connection with the
construction of an approximately 20 unit multifamily housing development located in the City
(the "Project "); and
B. WHEREAS, the income requirements set forth in the Development Agreement
for residents of the Project are more restrictive than required by the City or intended by the
Developer; and
C. WHEREAS, the City and the Developer wish to amend the Development
Agreement as provided in this Amendment to reflect the correct income requirements for
residents of the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
0. The City Council hereby approves the First Amendment to Development
Agreement in substantially the form submitted, and the Mayor and Clerk are hereby authorized
and directed to execute the First Amendment to Development Agreement on behalf of the City.
0. The approval hereby given to the First Amendment to Development Agreement
includes approval of such additional details therein as may be necessary and appropriate and
such modifications thereof, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by the City officials authorized by this resolution to execute the
Agreement. The execution of the Agreement by the appropriate officer or officers of the City
shall be conclusive evidence of the approval of the Agreement in accordance with the terms
hereof.
n9957ivi 6
The motion for adoption of the foregoing resolution was duly seconded by member
and, after full discussion thereof, and upon a vote being taken thereof, the
following voted in favor thereof:
and the following voted against same:
Adopted this day of October, 2005.
Mayor
Attest:
Clerk
n99571vi 7
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Clerk of the City Council of the
City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have carefully compared the
attached and foregoing extract of minutes with the original minutes of a meeting of the City
Council City held on the date therein indicated, which are on file and of record in my office, and
the same is a full, true and complete transcript therefrom insofar as the same relates to a
Resolution Authorizing the Execution of an Amendment to Development Agreement.
WITNESS my hand as such Clerk of the City Council of the City of Maplewood,
Minnesota this day of October, 2005.
Clerk
n99571vi 8
Agenda Item G10
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Karen Guilfoile, City Cleric
DATE: October 4, 2005
RE: Lawful Gambling License — White Bear Avenue Business Association
Introduction
The White Bear Avenue Business Association currently operates lawful gambling at the
Bird Night Club. They are requesting approval of an annual premise permit by approval
of the following resolution.
RESOLUTION
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the premises permit for lawful gambling is approved for the White Bear Avenue Business
Association, to operate at The Bird Night Club located at 3035 White Bear Avenue,
Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
Recommendation
It is recommended that council approve the lawful gambling resolution application for the
White Bear Avenue Business Association to operate at The Bird Nightclub.
Agenda Item GII
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Karen Guilfoile, City Cleric
DATE: October 5, 2005
RE: Lawful Gambling License — White Bear Avenue Business Association
Introduction
The White Bear Avenue Business Association is requesting approval of their annual
premise permit for lawful gambling at the AMF Maplewood Bowl. Approval is
requested of the following resolution.
RESOLUTION
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the premises permit for lawful gambling is approved for the White Bear Avenue Business
Association, to operate at AMF Maplewood Bowl located at 1955 English Street,
Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
Recommendation
It is recommended that council approve the lawful gambling resolution application for the
White Bear Avenue Business Association to operate at the AMF Maplewood Bowl.
Agenda Item H.1
IMI=1M[a]:L1ki Bill MI
TO: Richard Fursman, City Manager
FROM: Shann Finwall, AICP, Planner
SUBJECT: Maplewood Business Center Conditional Use Permit
Reconsideration
LOCATION: 1616 Gervais Avenue
DATE: October 3, 2005
INTRODUCTION
At the September 26, 2005, city council meeting the city council directed staff to
schedule a public hearing for review of the Maplewood Business Center's conditional
use permit (CUP). The Maplewood Business Center is located at 1616 Gervais Avenue,
adjacent residential properties. The purpose for the public hearing is to review the
required landscape and screening plan required by the city council after the city received
complaints regarding excessive late -night noise at the St. Paul Pioneer Press dispatch
facility located in the center.
DISCUSSION
A condition of approval of the landscape and screening plan was that the plan be fully
implemented by September 8, 2005. Staff inspected the site today (Monday, October 3)
for completion of the plan. The entire length of the fence is installed, the underground
irrigation has been added or rerouted as necessary, and a majority of the landscaping is
installed. Patrick Lensing, property manager with Steiner Development, states that the
remainder of the landscaping should be installed by the October 10 city council meeting.
City staff will inspect the site on October 10 and report on further progress during the
meeting.
The fence contractor submitted a letter for city council review which explains the delay in
completion of the fence work (Attachment 2). In summary, the fence contractor found
layers of rock in the soil requiring them to hand dig each post hole. Because of this and
the rainy conditions over the last few weeks the contractor was delayed by two weeks.
RECOMMENDATIONS
If the required landscape and screening improvements are complete for the
Maplewood Business Center at 1616 Gervais Avenue by October 10, 2005, the
city council should review the conditional use permit again in eight months (June
2006) to ensure all required landscaping has survived the winter and to review all
other conditional use permit conditions.
2. If the required landscape and screening improvements are not complete for the
Maplewood Business Center at 1616 Gervais Avenue by October 10, 2005, the
city council should consider revising the conditional use permit as necessary.
P: \com- dev \sec10 \maplewood business center \10 -3 -05 CC REPORT
Attachments:
1. Location Map
2. Crown Fence Correspondence
3. August 8, 2005, City Council Minutes (Approval of Landscape and Screening Plan)
4. February 14, 2005, City Council Minutes (Amendment to Conditional Use Permit)
Attachment 1
Location Map
e o
d o 0 o d d7 CJ [3 o � ° 4l „ ° o ❑ ° po o ❑ Q o Q o o ,: �°
Attachment 2
CRCIWN� .
E�— a aoo Central Avenue N -6-
<oaerart
Minneapolis. Minne --012 53413
xnenPOUa w Ph- 6 j:2-788-19 — x- 60 2 -7SE -2828
September. 29, 2005
Pat Lensing
Steiner Development
3610 County Road 101
Wayzata, Minnesota 55391
Subject.- privacy Fence a
1636 Gervais Avenue
Maplewood, Minnesota
Dear Pat Lensing:
A s per your request we will attempt to explain trby this project is taking so loped to complete.
We expected to have the materials by September 1" or 2 ". They did not arrive bere until
Wednesday afternoon, September 7", The 8 & 9 were rained out, as well as the following
¢londay the 12 7 Our fast day on the job the 13 we encountered extremely hard dWhig.
our first hole taking over a hour alone. We found layers of rack in almost every hole, with
other debris also in the holes. It was necessary to return to the shop for cqulpmeat to cut
through metal underground.
Please realize that the nature of this product does not allow post spacing to vary, and they
must be set on 6' centers. With rock underground the auger wants to deflect, holes must be
enlarged to remove the rock and assure the 6' spacing.
With the rainy conditions, we were fortunate to get in two or three days each week. This
project should have been completed by the 16. It now looks as though we will wrap it up ]ry
this Friday, the 30�'.
Needless to say, this job which should have yielded a modest profit, will certainly result is a
substantial loss. We are as anxious to complete the work, as you are to see it completed.
I hope the above explanation will help to calm the pressure you are feeling from the City.
Sincerely,
CROWN FENCE & WIFX COWANY
l ore h Polnassident
Attachment 3
MINUTES
MAPLEWOOD CITY COUNCIL
7:05 P.M. Monday, August 08, 2005
Council Chambers, City Hall
Meeting No. 05 -16
K. NEW BUSINESS
7. Maplewood Business Center Landscape /Screening Plan (1616 Gervais Avenue)
a. City Manager Fursman presented the report.
b. Planner Finwall presented specifics from the report.
C. Patrick Lensing, Steiner Development, leasing agent for the Maplewood Business Center
addressed council questions.
d. The following persons were heard:
Joseph Yahnke, 1595 Grandview Avenue, Maplewood
Cindy Hall, 1596 Grandview Avenue, Maplewood
Councilmember Monahan -Junek moved to approve the "PVC Fence" landscape /screen plan date
stamped June 17. 2005. for the Maplewood Business Center located at 1616 Gervais Avenue
with the following revisions and conditions:
1. The fence shall be installed on top of the berm, along Germain Street, and shall extend
from the south side of the south building, to the north side of the north building
(approximately 285 linear feet).
2. In addition to the five 12 -foot high spruce trees to be planted on the east side of the
fence, six landscape areas should be planted in front of the fence, along Germain Street.
Each landscape area should include six low- maintenance evergreen and deciduous
shrubs (5 gallon pots), planted in a rock mulch. The landscape areas should be
staggered along the west side of the entire length of the fence, along Germain Street.
3. The fence should be constructed with a minimum of a 5 degree angle from the horizontal
every 15 feet.
4. The landscape /screen plan must be completely installed by September 8, 2005.
5. The landscape and fencing must be maintained and landscaping replaced by the owner if
it dies.
Seconded by Councilmember Rossbach Ayes -All
City Council 08 -08 -05
Attachment 4
MINUTES
MAPLEWOOD CITY COUNCIL
7:02 P.M. Monday, February 14, 2005
Council Chambers, City Hall
Meeting No. 05 -03
G. CONSENT AGENDA
3. Conditional Use Permit Revision — Maplewood Business Center (1616 Gervais Avenue)
Adopted the following resolution approving revisions to the conditions of approval for the
conditional use permit for the Maplewood Business Center at 1616 Gervais Avenue:
CONDITIONAL USE PERMIT REVISION RESOLUTION 05 -02 -012
WHEREAS, the Maplewood Community Development Director, representing the
city, requested a revision to the conditional use permit for the Maplewood Business
Center at 1616 Gervais Avenue.
WHEREAS, this permit applies to the existing office/warehouse facility on the
property at 1616 Gervais Avenue. The legal description is:
EG Rogers' Garden Lots, subject to state highway and easements, the part north of
TH 36 of Lots 11 and 12 in Section 10, Township 29, Range 22 (PIN 10- 29 -22 -42 -0001)
WHEREAS, the history of this conditional use permit revision is as follows:
1. The city council held a public hearing to review this permit revision on January 24,
2005. City staff published a notice in the paper and sent notices to the surrounding
property owners as required by law. 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.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the
above- described conditional use permit revision for the following reasons:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance
to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water
or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference
or other nuisances.
City Council 02 -14 -05
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.
The approval of the permit revision is subject to the following conditions (the additions are
underlined and the deletions are crossed out):
All uses must meet the following requirements:
The Minnesota Pollution Control Agency noise regulations shall apply.
Te s t s to ve rify this sh be made by a n independent t fi The initi cost shall b
p ..1...,
p aid b the owner. If th t , .. o f ..L.
li on th cos o f th t .,II Ho paid for b th
property owner.
b. Outdoor storage of materials will not be permitted without approval from
Maplewood's Director of Community Development.
2. Occupancy permits must be obtained for each tenant space from the City Building
Official as required by the State Building Code.
3. Those businesses involved with exterior vehicle storage, such as vehicle rentals or
moving companies, shall have one parking space for each such vehicle, in addition to those
required by City Code, on the site.
4. Adequate signing for vehicle and pedestrian traffic shall be provided, subject to the
approval of the Director of Public Safety.
5. Approval of landscaping, building, and site design plans are required by the
Community Design Review Board. The property owner shall have a detailed landscape and
screening plan prepared for the area between the parking lot and Germain Street. This plan shall
show how the new materials would provide screening that is at least six - feet -tall and at least 80
percent solid (code requirement) and landscaping should be located on both sides of the fence.
This plan shall be subject to the approval of the Community Design Review Board and the owner
shall implement the approved plan by July 1, 2005.
6. As part of the required design review process, the applicant shall provide a detailed
drainage and grading plan which provides for the five acre -feet of ponding required by the
Maplewood Drainage Plan.
City Council 02 -14 -05
8. The property owner and the property manager shall not allow garbage or trash
pick -up between the hours of 11:00 p.m. and 5:30 a.m.
9. The property owner and property manager shall be responsible for the maintenance
and clean up of the ponding areas on their property.
10. The property owner shall post the driveways and drive aisles as no parkin zones.
ones.
11. The property owner shall review the paper distribution activities and take
operational measures to reduce or eliminate noise. These measures should include but not be
limited to; install rubber bumpers on the carts, train employees as to where to park and to be
respectful of adjoining residences and maintain security staff to patrol during the evening and early
mornin hg ours.
12. The city council shall review this permit revision in six months (July 2005).
Councihnember Juenemann moved to adopt consent agenda items 3, 6, 8 and 9.
Seconded by Councihnember Koppen Ayes -All
City Council 02 -14 -05
/dT e 1 A 0 107- [� 1 t l a i l
AGENDA REPORT
TO: City Manager
FROM: Finance Director. Police Chief. Fire Chief
RE: Joint Powers Agreement for Consolidated Dispatch Operations
DATE: October 4, 2005
Recently the Ramsey County Board of Commissioners approved a funding formula for a
consolidated county dispatch center. The formula provides for 60% of the costs to be
financed by property taxes and 40% by charges to cities based on their call volume.
Attached is a worksheet based on this formula which compares dispatching costs with
consolidation and without consolidation. The worksheets indicate the city tax levy amounts
and the Maplewood portion of the Ramsey County tax for dispatching. With St. Paul
included, consolidation savings would be $545,259 the first year and $115,683 for
subsequent years. Without St. Paul, consolidation savings would be $717,914 the first
year and $288,338 for subsequent years. These savings are without inflation adjustments.
Also attached is the proposed joint powers agreement for consolidated dispatch
operations which is similar to previous versions. In Section 7.02 it provides that the
charges to Maplewood be fixed for the first two years at $322,608 if St. Paul is not a
member and $217,775 if St. Paul is a member. Thereafter, the charges will be
based on a three -year rolling average of Maplewood's calls as a percentage share of
total calls. The proposed agreement includes a new definition of what constitutes a
call for service which will probably decrease Maplewood's charges beginning in the
third year.
Ramsey County officials have requested that the City Council take action on the
proposed joint powers agreement.
P\agn \DISPATCH CONSOLIDATION
IMPACT OF CONSOLIDATION ON DISPATCHING COSTS - before inflation adjustments
P'. \EXCEL\BUDMISC \DISPATCHING CONSOLIDATION3 04- Oct -05
WITH
WITH
'.CONSOLIDATION
CONSOLIDATION'S.
WITHOUT
INCL. ST. PAUL
EXCL. ST PAUL
'..
'.CONSOLIDATION
60% TAXES
60% TAXES
; CITY
TAX LEVY
Annual operating costs: ,
Budgeted dispatching expenditures
776,810
-
-
Amount per 2006 proposed budget (A)
-
217,775
322,608
Ramsey County charges based on call volume
Less budgeted dispatching revenues:
(26,620)
-
-
State 911 aid
(56,444)
-
-
City of North St. Paul (2005 contract amount)
693,746
217,775
322,608
Net annual operating costs
One-time capital costs:
273,576
-
-
Equipment purchases
-
(156,000)
(156,000)
Less county payment for city consoles- estimate
COUNTY TAX LEVY - MAPLEWOOD PORTION
Annual operating costs:
101,228
461,516
184,028
Ramsey County dispatching costs (B)
135,740
135,740
135,740
800 Mhz backbone costs
1,204,290
659,031
486,376
TOTAL FIRST YEAR COSTS
930,714
815,031
642,376
TOTAL SUBSEQUENT YEAR COSTS
545,259
717,914
SAVINGS FIRST YEAR COSTS
115,683
288,338
SAVINGS SUBSEQUENT YEAR COSTS
(A) Excludes St. Paul
charges for computer
-aided dispatch
(B) See attached worksheet for Ramsey County
dispatching costs paid by tax levy
P'. \EXCEL\BUDMISC \DISPATCHING CONSOLIDATION3 04- Oct -05
RAMSEY COUNTY DISPATCHING COSTS
WITHOUT CONSOLIDATION
2005 2006
1,800,000 1,854,000 Total
- 600,000 - 741,600 Less charges to cities
1,200,000 1,112,400 Balance financed by taxes
109,200 101,228 Maplewood share of taxes 9.1 %
Note: Ramsey County amounts for 2006 assumes 3%
increase in the total budget and charges to cities at 40% of
dispatching costs with the balance financed by property
taxes.
P: \EXCEL \BU DM ISC \DISPATCHING CONSOLIDATION3 4- Oct -05
JOINT POWERS AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF
MAPLEWOOD FOR CONSOLIDATED DISPATCH OPERATIONS
This Joint Powers Agreement is between Ramsey County, a political subdivision of the State of Minnesota
( "County") and the City of Maplewood, a municipality under the laws of the State of Minnesota ( "City "),
both of which are empowered to enter into joint powers agreements pursuant to Minn. Stat. §471.59.
WHEREAS, The County is in the process of implementing a new 800 MHz radio communication system as a
subsystem to the regionwide 800 MHZ system; and
WHEREAS, The County currently operates a Public Safety Answering Point ("PSAP ") /Dispatch Center,
from which dispatch services are provided for the Ramsey County Sheriff and the cities of Arden Hills, Gem
Lake, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, Shoreview, and Vadnais Heights,
and the township of White Bear; and
WHEREAS, The City also operates an independent PSAP/Dispatch Center from which it provides police,
fire, EMS and Emergency Management dispatch services for its residents; and
WHEREAS, The City and the County have determined that it is in the best public safety interests of all
residents served by the City and the County to consolidate the City's PSAP /Dispatch Center with the
County's PSAP/Dispatch Center, to form a consolidated dispatch center ( "Dispatch Center") to be operated
by Ramsey County; and
WHEREAS, The County is planning the construction of a new facility on the campus of the Ramsey County
Law Enforcement Center and the Saint Paul Police Department Headquarters to house the Dispatch Center
that will use the County's new Public Safety Communication System ( "PSCS ") /800 MHz radio
communication subsystem; and
WHEREAS, The City wishes to have Ramsey County assume the responsibility for dispatch services for the
City when the new Dispatch Center becomes operational; and
WHEREAS, The parties have reached agreement on the terms and conditions for the consolidation of the
City and County PSAP/Dispatch Centers and for the County to provide dispatch services for the City;
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties
do hereby agree as follows:
Article L Purpose
The purpose of this agreement is to establish the parameters for the consolidation of separate PSAP/Dispatch
Centers, to establish a framework for the operation of the Dispatch Center with the participation of the City
and other Dispatch Center users, and to delineate the terms and conditions under which the County will
provide dispatch services.
Article IL Definitions
2.01 Additional Member means any public entity or agency or governmental unit that signs an agreement
with the County after the Dispatch Center becoming operational, for dispatch services by the County
from the Dispatch Center.
Dispatch Agreement with the City of Maplewood 1 of 11
2.02 Call for Service means a Computer Aided Dispatch ( "CAD ") incident number that originates from a
911 call.
2.03 County Manager means the Ramsey County Manager appointed by the Ramsey County Board of
Commissioners, or the Ramsey County Manager's designee.
2.04 Dispatch Center means the location from which the County will provide emergency 911
communications and dispatching services using its PSCS /800 MHz radio communications
subsystem, for police, fire, emergency medical services, and other public safety functions for cities
and agencies that have contracted with the County for such services.
2.05 Initial Member means any municipality that signs an agreement with the County, prior to the
Dispatch Center becoming operational, for dispatch services by the County from the Dispatch Center.
2.06 Initial Service Term means the time period commencing with the date the Dispatch Center begins
providing services to the City through December 31, 2016.
2.07 Member means either an Initial Member or an Additional Member.
2.08 Radio System Manager means the Ramsey County employee who manages the County's 800 MHz
interoperable radio communication system and the County's Dispatch Center.
2.09 Year means a calendar year.
Article III. Term
This agreement shall become effective on the date executed by both parties ( "Effective Date ") and shall
continue in effect through December 31, 2016 ( Term "). Thereafter, the term shall automatically
renew for additional one (1) Year periods, up to a maximum of 30 renewal periods, subject to the right of
either party to terminate as set forth in Section 8.01.
Article IV. Dispatch Policy Committee
4.01 Creation
The Dispatch Policy Committee (`Committee ") is hereby created with the powers and
responsibilities as set forth herein.
4.02 Membership
a. If the Cities of Maplewood, Saint Paul, and White Bear Lake sign agreements to consolidate
their PSAP/Dispatch Centers with the County's PSAP /Dispatch Center, the Committee is to
be made up of the following elected officials:
1. The Ramsey County Sheriff
2. Four members of the Saint Paul City Council
3. The Mayor of the City of Saint Paul
4. The Mayor or one member of the Maplewood City Council
5. The Mayor or one member of the White Bear Lake City Council
6. Two elected representatives of the other cities in Ramsey County that do not operate
independent PSAP /Dispatch Centers and that sign agreements with Ramsey County
to receive dispatching services from the Dispatch Center, to be selected in a manner
to be determined by the involved cities.
Dispatch Agreement with the City of Maplewood 2 of 11
b. If the City of White Bear Lake does not sign an agreement to consolidate its PSAP/Dispatch
Center with the County's PSAP/Dispatch Center, the number of Saint Paul City Council
members will be reduced by one. If the City of Saint Paul does not sign an agreement to
consolidate its PSAP/Dispatch Center with the County's PSAP /Dispatch Center, the
Committee will be made up of representatives from the jurisdictions that have entered into a
consolidation agreement.
C. If the individual appointed to the Committee leaves the elected office, the public entity's
elected officials will be responsible for appointing a replacement representative in a timely
fashion.
d. Committee members shall be appointed by the jurisdiction they represent for such period of
time as determined by each jurisdiction.
4.03 Duration
Unless earlier dissolved by mutual agreement of all of the then- current Members, the Committee
shall continue to operate for the duration of this Agreement.
4.04 Officers
a. The Committee members shall select a Chair and a Vice Chair at its first meeting, and
thereafter on an annual basis, provided that, during the first two Years of its operation, the
Mayor of the City of Saint Paul shall be the Chair of the Committee. Thereafter, the Chair
shall be selected annually from the Committee members. The initial term of the Chair shall
be two Years and of the Vice Chair shall be one Year. Thereafter each shall serve for one
Year. The Vice Chair shall be a representative of a Member other than a Member represented
by the Chair. If the City of Saint Paul does not sign an agreement to consolidate its
PSAP /Dispatch Center with the County's PSAP/Dispatch Center, the Committee will select a
Chair and Vice Chair from Committee members from jurisdictions that have entered into a
consolidation agreement.
b. The duties of the Chair shall be as follows:
1. approve the agenda for Committee meetings, with the input and assistance of the
Radio System Manager and other Committee members;
2. preside at Committee meetings;
3. sign all official documents as authorized by the Committee;
4. make reports, directly or through a designee, to the Committee and the Ramsey
County Board as deemed appropriate; and
5. perform such other duties as are incident to the office and properly expected by the
Committee.
C. The duties of the Vice Chair shall be as follows:
1. in the absence of the Chair, to perform the duties of the Chair; and
2. to perform such duties as may be requested by the Chair.
d. The Radio System Manager shall serve as executive secretary to the Committee and shall
provide for all correspondence, reporting, and recordkeeping functions for the Committee,
consistent with Minnesota Statutes Chapter 13 and statutory retention laws.
4.05 Powers and Authorities of the Committee
a. The Committee shall assist the County in reviewing and evaluating the performance of the
Dispatch Center to ensure that the service meets the needs and expectations of the
communities and public safety user agencies.
b. The Committee shall make recommendations to the County Manager and to the Radio
System Manager concerning voice and data communications systems relating to public
safety agency dispatching, public service information, education and advertising programs,
and any other matter relating to the provision of emergency communications services.
Dispatch Agreement with the City of Maplewood 3 of 11
C. The Committee, in consultation with the County Manager and the Radio System Manager,
shall develop a process for selection of the Dispatch Center Operations Manager, who shall
be responsible for day -to -day dispatch operations under the direction of the Radio System
Manager. At a minimum, the process for selection shall comply with Ramsey County's
Human Resources hiring guidelines, and shall provide for a minimum of three qualified
candidates to be recommended by the Committee to the County Manager or designee, who
shall have final hiring authority.
d. The Committee shall periodically review operations and make recommendations on the
operations, standards, and budget for the Dispatch Center.
e. The Radio System Manager shall report to and serve at the pleasure of the County Manager
as advised by the Committee relating to the functions involving consolidated dispatch
services for the Members. The County Manager will work with the Radio System Manager
in an expeditious manner to resolve any concerns raised by the Committee. If, however, a
majority of the Committee is not satisfied with the outcome, the County Manager will take
appropriate personnel action, which may involve termination.
f. The Committee shall perform such other duties as may be requested by the Ramsey County
Board of Commissioners.
4.06 Meetings and Voting
a. The Committee shall meet at least quarterly during the first Year this Agreement is in effect.
Thereafter, the Committee members shall determine the frequency of regular meetings. In
addition, a special meeting may be called by the Chair or by a majority of the then- current
Committee members.
b. Each public entity with a member on the Committee shall be responsible for complying with
requirements of State Statute relating to open meetings.
C. Committee members may not appoint proxies.
d. Each Committee member shall have one vote.
e. A decision of the Committee shall require approval by a majority of the Committee
members, provided there is a quorum in attendance.
f. A quorum of the Committee shall require one half of the Committee members plus one to be
in attendance at the time of any decision.
g. At its first meeting, the Committee shall adopt a process for resolving tie votes.
Article V. Transition
5.01 General
a. In order to ensure a smooth and orderly transition from the separate County and City
PSAP /Dispatch Centers to the consolidated Dispatch Center, and to ensure that there are no
gaps in services to the public, the County Manager, or his designee, will manage transition
activities.
b. The Committee recognizes that the first two Years of the consolidated dispatch will be a
difficult transition from separate PSAP /Dispatch Centers to one consolidated Dispatch
Center and the Committee will cooperate with the County Manager and Radio System
Manager to ensure success.
C. The County and the City will come to mutual agreement on a date when City employees
working at the City PSAP /Dispatch Center will become County employees.
d. Transition activities will include, but are not limited to, the following:
1. development of a transition plan, including analysis of staff skills and interests, and
of training and hiring needs;
2. training of employees and recruitment of additional staff, as necessary;
3. development of a Dispatch Center budget;
Dispatch Agreement with the City of Maplewood 4 of 11
4. bargaining the effects of this Agreement with unions representing County
employees;
5. working with City representatives who are bargaining the effects of this Agreement
with unions representing City employees; and
6. working with the City to establish the date when transition will occur.
5.02 Personnel
a. No current City or County employees who are performing services at their respective
PSAP /Dispatch Centers on the effective date of this Agreement shall be discharged or laid
off as a direct result of this consolidation. Employees may be laid off for reasons of loss of
funds or grant monies, service demand fluctuations, or other reasons unrelated to the
consolidation of the PSAP /Dispatch Centers. The County is not required to refill any vacant
positions.
b. The Dispatch Center will be staffed by County employees, and by employees of the City of
Saint Paul in accordance with the terms of the Joint Powers Agreement between Ramsey
County and the City of Saint Paul for Consolidated Dispatch Operations.
C. City employees working for the City PSAP /Dispatch Center on the Effective Date of this
Agreement will become County employees on the date agreed to by the parties, which shall
be no later than the date the County begins providing services for the City from the Dispatch
Center.
d. Any new positions authorized for the Dispatch Center shall be County positions.
e. City employees working for the City PSAP /Dispatch Center shall be subject to City
collective bargaining agreements, as modified by any MOA /MOU, or Personnel Rules, as
appropriate, until the City employees become County employees. City employees working
for the City PSAP /Dispatch Center shall be subject to County collective bargaining
agreements, as modified by any MOA /MOU, or Personnel Rules, as appropriate, on and after
the date the City employees become County employees.
f. When City employees become County employees, the following provisions will apply:
1. City employees will be allowed to carry over up to 120 hours of accumulated annual
leave hours as vacation; any additional hours will either be carried over as sick leave
hours, or be paid out to the employee by the City. The City will pay the County for
the value of all vacation or sick leave hours transferred to the County.
2. City employees will be given credit for their length of service as a City employee in
determining their vacation accrual rate.
3. City employees will be given credit for their length of service as a City employee for
purposes of severance pay.
4. City employees will have one of the following apply, whichever results in the higher
rate of pay, for purposes of placement into the Ramsey County salary range: a) be
given credit for their length of service as a City employee, or b) be paid the rate of
pay for a Radio Dispatcher I that is closest to, either equal or above, the rate of pay
the employee received as a City employee. If the rate of pay is established under
section b), subsequent pay increases will be given as if the City employee had the
length of County service that corresponds with the step they are initially placed at.
5. City employees will be subject to the provisions of applicable County collective
bargaining agreements or Personnel Rules, as appropriate, regarding eligibility for
insurance benefits.
6. A supervisory employee will not receive a reduction in pay upon becoming a County
employee.
Dispatch Agreement with the City of Maplewood 5 of 11
5.03 City PSAP /Dispatch Center Operations
The City will cease operation of its PSAP /Dispatch Center on the date when the County begins
providing services for the City from the Dispatch Center.
Article VL Dispatch Center Operations and Services
6.01 Mission
The Mission of the Dispatch Center is to provide both field responders and citizens the best
emergency communication service making maximum use of personnel and technology.
6.02 Day -to -Day Operations
a. Day to day operations of the Dispatch Center will be under the direction of the Radio System
Manager.
b. The City hereby appoints and designates the County as its agent with respect to the operation
and management of the Dispatch Center.
6.03 Services
a. Emergency communications and dispatch services shall be provided on behalf of the City,
the County, and other Members 24/7/365 for police, fire, and emergency medical services.
b. The Dispatch Center will utilize a two -stage dispatching system whereby telecommunicators
will take incoming requests for service and relay them to dedicated dispatchers who will be
assigned for police calls as well as those for fire and emergency medical calls. This will not
impact the County's ability to cross train dispatchers for fire and police dispatch.
C. Standardized procedures will be formulated with input from user groups. Customization of
procedures for participating agencies will be provided to the extent such customization can
be accommodated by the Computer Aided Dispatch System
d. A quality assurance program will be adopted based on national standards.
6.04 Dispatch Users Group
a. A Dispatch Users Group shall be formed, to be comprised of one chief or connnand officer
from each of the following agencies:
1. St Paul Police;
2. St Paul Fire;
3. Maplewood Police;
4. Maplewood Fire;
5. One suburban fire department other than Maplewood;
6. One suburban police department other than Maplewood; and
7. One undersheriff or command officer from the Ramsey County Sheriff's Office.
b. The Dispatch Users Group may adopt rules regarding the selection by the agencies of their
Dispatch Users Group member by job classification and the duration of membership in the
Dispatch Users Group. If the City of Saint Paul does not sign an agreement to consolidate its
PSAP /Dispatch Center with the County's PSAP/Dispatch Center, the Dispatch Users Group
will be made up of the appropriate representatives from the jurisdictions that have entered
into a consolidation agreement.
C. The suburban fire department representative will be selected annually by the Ramsey County
Fire Chiefs Association. The suburban police department representative will be selected
annually by the Ramsey County Chiefs of Police. The Dispatch Users Group will meet
quarterly or at some other interval as determined by the group.
d. The Dispatch Users Group shall have a Law Enforcement Subcommittee and Fire and EMS
Subcommittees. The Law Enforcement Subcommittee shall be comprised of one police
officer, deputy, or supervisor from each law enforcement agency served by the Dispatch
Dispatch Agreement with the City of Maplewood 6 of 11
Center. The Fire and EMS Subcommittees shall be comprised of one firefighter, emergency
medical responder, or supervisor from each fire and EMS agency served by the Dispatch
Center.
e. Each representative to the Dispatch Users Group will have one vote.
f. The roles and responsibilities of the Dispatch Users Group will be to:
1. Provide user agency input to the Radio System Manager into the process of
developing protocols and dispatching standards for the Dispatch Center.
2. Provide a forum for the exchange of ideas between Dispatch Center staff and users
for the purpose of improving service, reviewing critical incidents, and resolving
complaints.
3. Provide for coordination of service between the Dispatch Center and local agencies
with the intent of providing seamless public safety service that makes the
administrative boundary between dispatching and field responders as transparent as
possible to the public.
4. Provide input to the Dispatch Policy Committee as to the overall performance of the
Dispatch Center in serving the needs of the user agencies.
g. Issues that cannot be resolved by the Dispatch Users Group may be referred to the
Committee.
Article VII. Cost and Funding
7.01 Capital Expenditure and Equipment
a. Subject to the provisions of Article 8.01 a., the County will pay the facility construction and
site development costs for a Dispatch Center that will be of such size and configuration as to
provide communications and dispatch services to meet the needs of consolidated dispatch.
b. Subject to the provisions of Article 8.01 a., the County will pay for the 800 MHz radio
system equipment in the Dispatch Center, including consoles and connections to the regional
system backbone and payment to the City for their current consoles at fair market value
( "FMV"). For the purpose of this Agreement, it is agreed that the FMV of the City's current
consoles and related equipment is $156,000. Upon paymentby the County to the City for
the consoles, title shall immediately transfer to the County.
C. The City shall be responsible for any costs related to the disbanding of its PSAP /Dispatch
Center and its communications infrastructure, including removal and disposal of existing
equipment.
d. The County shall have the first right of refusal for the transfer of any VHF channels the City
will no longer need after the transition.
7.02 Operating Costs
a. For the first Year and second Year of the Initial Service Term (2007), the City will pay the
annual sum of $322,608 if the City of Saint Paul is not a Member and the annual sum of
$217,775 if the City of Saint Paul is a Member. The City shall make payment to the County
monthly in an amount equal to 1/12 of the appropriate sum for that Year. The County will be
responsible for the balance of operating costs for the Dispatch Center ( "Dispatch Operating
Costs ") not covered by payments from Members. Dispatch Center Operating Costs do not
include the cost of any severance payments or retiree insurance for City employees prior to
the date they become County employees.
b. Thereafter, sixty (60) percent of the Dispatch Operating Costs will be paid through a county-
wide property tax levy, and forty (40) percent of the Dispatch Operating Costs will be paid
through an assessment to each Member based on Calls for Service from within the Member's
jurisdictional boundaries compared to total Calls for Service to the Dispatch Center. A three -
year rolling average of the Member's Calls for Services as a percentage share of Total Calls
Dispatch Agreement with the City of Maplewood 7 of 11
for Service for those three Years will be used to compute the Member's share. The City s
annual share of the Dispatch Center Operating Costs that will be paid based on Calls for
Services will be computed as follows after the second Year of the Initial Service Term.
1. For the third Year of the Initial Service Term, an average of the following will be
used to determine the City's share:
i. The City's initial share of Dispatch Operating Costs in the first Year as
identified in section 7.02.a; and
ii. The City's initial share of Dispatch Operating Costs in the second Year as
identified in section 7.02.a; and
iii. The City's percentage share of Calls for Service in the first Year.
2. For the fourth Year of the Initial Service Term, an average of the following will be
used to determine the City's share:
i. The City's initial share of Dispatch Operating Costs in the second Year as
identified in section 7.02.a; and
ii. The City's percentage share of Calls for Service in the first Year; and
iii. The City's percentage share of Calls for Service in the second Year.
3. For the fifth Year and for each Year thereafter, the City's share will be the average
of the City's Calls for Services over the most recent three Years for which Total
Calls for Service data is available.
4. The County will give the City notice no later than the first day of June each Year of
the amount due and payable to Ramsey County as the City's annual share of the
Dispatch Operating Costs for the following Year.
5. The City shall make payment to the County monthly in an amount equal to 1/12 of
the amount due and payable to Ramsey County for the Year, on the tenth day of each
month of the Year, except for the payment for the first month of the Year, which
shall be due by the end of the month.
7.03 911 Fees
Commencing with the first full month of the Initial Service Term, the County shall credit forty (40)
percent of any 911 fees received by the County to the payments due to the County by the Members
for forty (40) percent of the Dispatch Operating Costs for the Year the 911 fees are received, and
shall credit sixty (60) percent of any 911 fees received by the County to reduce the County's property
tax levy for the sixty (60) percent of the Dispatch Operating Costs to be paid through a county -wide
property tax levy.
7.04 Other Funds
Nothing herein shall preclude either party from applying for and receiving federal or state, or funds
from other public and private sources, for the capital, equipment and/or operating costs of the
Dispatch Center.
Article VIII. General Terms and Conditions
8.01 Termination
a. Except as otherwise provided herein, this Agreement may not be terminated during the Initial
Term Thereafter, either party may terminate this Agreement at the end of a calendar year by
action of its governing body and upon a minimum of twelve (12) months written notice to the
other party.
Dispatch Agreement with the City of Maplewood 8 of 11
8.02 Indemnification and Insurance
a. Each party agrees that it will be responsible for its own acts and the acts of its employees,
elected officials, and agents as they relate to this Agreement and for any liability resulting
therefrom, to the extent authorized by law, and shall not be responsible for the acts of the
other party or its employees, elected officials, and agents, or for any liability resulting
therefrom, prior to City employees becoming County employees. Effective on the date that
City employees become County employees, the County will be responsible for its own acts
and omissions and the acts and omission s of its employees, elected officials and agents, to
the extent authorized bylaw. Each party's liability shall be governed and limited by the
Municipal Tort Claims Act, Minn. Stat. Chapter 466 and other applicable law.
b. Consistent with the provisions of Section 8.02 a., each party agrees to defend, indemnify and
hold harmless the other party, its employees, elected officials, and agents from any liability,
claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable
attorneys fees, resulting directly or indirectly from any act or omission of the indemnifying
party, its employees, elected officials, or agents, in the performance or failure to perform its
obligations under this Agreement.
C. Each party warrants that it is able to comply with the aforementioned indemnity
requirements through commercial insurance or a self - funding program.
d. The County agrees to maintain property insurance coverage throughout the term of this
Agreement on the Dispatch Center facility and all of the County equipment within the
Dispatch Center. The City agrees to maintain property insurance coverage on all City
equipment prior to the date title transfers to the County in accordance with the provisions of
this Agreement.
8.03 Non - Assignability
Neither party shall assign any interest in this Agreement nor transfer any interest in the same,
whether by subcontract, assignment or novation.
8.04 Compliance With Applicable Law
a. Both parties agree to comply with all federal, state and local laws, resolutions, ordinances,
rules, regulations and executive orders pertaining to unlawful discrimination on account of
race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, sexual preference, disability, or age.
b. Both parties agree to comply with all federal, state and local laws or ordinances, and all
applicable rules, regulations, and standards established by any agency of such governmental
units, which are now or hereafter promulgated insofar as they relate to the parties'
performance of the provisions of this Agreement.
8.05 Data Practices
All data collected, created, received, maintained or disseminated for any purpose in the course of
either party's performance of this Agreement is governed by the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, or any other applicable state statutes, any state rules adopted to
implement the Act and statutes, as well as federal statutes and regulations on data privacy.
8.06 Audit
Until the expiration of six (6) Years after the termination of this Agreement, each party shall, upon
written request of the other party, shall make available to the requesting party, the State Auditor or
the requesting party's ultimate funding sources, a copy of this Agreement and the books, documents,
records and accounting procedures and practices relating to this Agreement.
Dispatch Agreement with the City of Maplewood 9 of 11
8.07 Alteration
Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be valid
only after it has been reduced to writing and duly signed by both parties.
8.08 Notice
Any notice required to be given by this Agreement shall be made by delivery by first class mail,
postage applied, to:
Ramsey County
Office of the County Manager
250 City Hall/Courthouse
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
City of Maplewood
Office of the Mayor
1830 County Road B East
Maplewood, Minnesota 55109
8.09 Arbitration
Any dispute between the parties to this Agreement may be subject to arbitration, if mutually agreed
to in writing by the parties. The parties shall mutually agree on an arbitrator and the arbitration will
take place under the rules and procedures of the American Arbitration Association. The parties shall
pay their own internal costs and shall each pay 50% of any out of pocket fees or costs related to the
arbitration.
8.10 Interpretation of Agreement; Venue
This Agreement shall be interpreted and construed according to the laws of the State of Minnesota.
All litigation regarding this Agreement shall be venued in the appropriate state or federal district
court in Ramsey County, Minnesota.
8.11 Conditions Outside Control of a Party
No party to this Agreement can be held responsible for conditions outside the control of the party
claiming its occurrence, which are the direct result of force majeure which shall mean and include
acts of public enemies; strikes or lockouts; enforceable governmental or judicial orders; outbreak of
war or insurrection, or acts of terrorism; insurrections; riots; civil disturbances; earthquakes, floods,
fires; and explosions or other similar catastrophes or events not reasonably within the party's control
8.12 Entire Agreement
This Agreement shall constitute the entire agreement between the parties and shall supersede all
prior oral or written negotiations.
Dispatch Agreement with the City of Maplewood to of 11
WHEREFORE, this Agreement is duly executed on the last date written below.
RAMSEY COUNTY CITY OF MAPLEWOOD
Victoria Reinhardt, Chair Robert Cardinal, Mayor
Board of County Conunissioners
Bonnie 7ackelen, Chief Clerk City Clerk
Board of County Conunissioners
Date:
Approved as to form:
Date:
Approved as to form:
Assistant County Attorney Assistant City Attorney
Approval recommended:
David Twa, County Manager
Funds are available:
Funds are available:
Budgeting and Accounting
Dispatch Agreement with the City of Maplewood 11 of 11
Agenda Item Kl
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Karen Guilfoile, City Clerk
DATE: October 4, 2005
RE: Special Election Ordinance
Introduction
On September 12, 2005, councilmember Jackie Monahan -Junek resigned from her position on the city
council creating a vacancy. Ms. Monahan- Junek's unexpired term runs until December 31, 2007, and can
be filled by appointment until the term expires or temporary appointment until a special election is held
after provisional changes are made to the city code of ordinances.
Background
State Statute 412.02 Subd. 2a. requires city's to specify by ordinance under what circumstances they will
hold a special election in the event of a vacancy on the city council.
Council has directed staff to draft an ordinance allowing for a special election in the event of a vacancy.
For consideration, if council chooses to enact an ordinance allowing for special elections it will apply to
all future vacancies until it is rescinded. Further, council has the option of conducting the special election
without having a primary. An election cycle, including the primary and general election averages
between $32,000 - $36,000. To have a special general election without a primary would greatly reduce
the cost.
There are very specific laws that must be followed regarding publications and notices that require
approximately three months to fulfill when holding any election. For the special election that is being
considered, the following time -line is submitted for your consideration.
October 10, 2005
- first reading of special election ordinance
October 24, 2005
- second reading of special election ordinance
November 3, 2005
- publication of special election ordinance
November 10, 2005
- filing period is published two weeks before the filing period begins
November 14, 2005
- council makes temporary appointment
November 24, 2005
- filing period notice requirement filled
November 28, 2005
- filing period open — two week requirement
December 12, 2005
- filing period closes — election must be held within 56 to 70 days
January 23, 2006
- first day election could be held
February 6, 2006
- last day election could be held
Following is the proposed ordinance for filling a council vacancy. In it includes verbiage stating that no
special primary election will be held when filling vacancies. Also the ordinance is written to hold a
special election if more than six months remains in the unexpired term and the vacancy occurs more than
six months before the next regular city election. This gives staff and council adequate time to make a
temporary appointment, meet all posting and publishing requirements by law and prepare for a special
election. Council could choose to reduce this time to three months. Six months has been suggested
because during a regular local election year if you go less than six months you could be conducting a
special election to fill a vacancy while the filing period is open for the regular election.
ORDINANCE
Filling a Council Vacancy
A. The council shall appoint an eligible person to fill a vacancy on the city council as soon as is
practicable after the vacancy occurs. The person appointed shall serve for the unexpired portion of
the term unless a special election is required hereunder or by state law.
B. Special Election — In the event a vacancy is declared pursuant to state law, the city council shall by
resolution declare such a vacancy to exist. If the unexpired term is for a period of six months or
less, the council shall appoint an eligible person to serve for the remainder of the unexpired term.
In the event the unexpired term is greater than six months, the council may hold a special election
to fill the unexpired term.
The special election shall be held as soon as the vacancy is declared as is practical under state law,
no special primary election shall occur in cases of special elections held pursuant to this section.
This ordinance will be effective upon passage and publication.
Council is requested to make changes or to accept the ordinance as proposed.
Agenda Item K2
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Karen Guilfoile, City Cleric
DATE: October 3, 2005
RE: Off -Sale Intoxicating Liquor License
Introduction
Phillip Lu has applied for an off -sale liquor license to be used at 2515 White Bear
Avenue at the establishment known Big Discount Liquor. Mr. Lu will be part owner of
the establishment.
Background
Mr. Lu moved to the United States in 1987. He lived in the Los Angeles, California area
from 1987 -1994 at which time he moved to Minnesota and has lived in the St. Paul area.
Previously he operated the Oriental Restaurant in the City of Woodbury.
Chief Thomalla has personally met with Mr. Lu to discuss measures to eliminate the sale
of alcohol to underage persons, general security and retail crime issues, and the
Maplewood Liquor Ordinances.
In the course of this investigation, state criminal history files were checked along with
contacts and warrants in the Cities of St. Paul, Shakopee, and Woodbury and Ramsey,
Hennepin, Scott, and Washington Counties.
Recommendation
Nothing was identified in the background check that would prohibit Mr. Lu from holding
a liquor license.
Agenda K 3
MEMORANDUM
TO: Richard Fursman, City Manager
FROM: Karen Guilfoile, City Cleric
DATE: October 4, 2005
RE: Intoxicating Liquor License
Introduction
Philip Poling has submitted a request for an intoxicating liquor license for TGI Friday's
to be located at 3087 White Bear Avenue North.
Background
Mr. Poling is originally from the Maple Grove / Osseo area of the Twin Cities. He spent
a short time in Colorado in 2000 -2001. He returned to the Twin Cities in June 2001 and
currently resides in Maple Grove. He has been employed by TGI Friday's since 1995.
Mr. Poling's references were complimentary of him. In fact, one stated, "Phillip is a
great individual, I have no reservations about him holding a liquor license."
Chief Thomalla has personally met with Mr. Poling to discuss measures to eliminate the
sale of alcohol to underage persons, general security and retail crime issues, and the
Maplewood Liquor Ordinances.
In the course of this investigation, state criminal history files were checked along with
contacts and warrants in the Cities of St. Paul, Eden Prairie, Maple Grove, Osseo, and
Boulder, CO and Ramsey, and Hennepin Counties.
Recommendation
Nothing was identified in the background check that would prohibit Mr. Poling from
holding a liquor license.
Agenda Item K4
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Karen Guilfoile, City Cleric
DATE: October 3, 2005
RE: On -Sale Intoxicating Liquor License
Introduction
Cheryl Wolf has applied for an intoxicating liquor license to be used at 2425 Highway
61, the establishment formerly known as Smiley's.
Background
Ms. Wolf was born and raised in St. Paul. She has been residing in the City of Oakdale
for the past three years. Previously she had resided in White Bear Lake and Woodbury
for eleven years. Ms. Wolf is currently employed full -time by the Securian Financial
Group.
Deputy Chief Banick stated that Ms. Wolf's reference made positive comments about her
professionalism and hard work.
Chief Thomalla met with Ms. Wolf to discuss measures to eliminate the sale of alcohol to
underage persons, general security and retail crime issues, and the Maplewood Liquor
Ordinances.
In the course of this investigation, state criminal history files were checked along with
contacts and warrants in the City of St. Paul, City of Oakdale and Ramsey, Hennepin and
Washington Counties.
Recommendation
Nothing was identified in the background check that would prohibit Ms. Wolf from
holding a liquor license.
Agenda Item K5
MEMORANDUM
TO: Richard Fursman, City Manager
FROM: Bruce K. Anderson, Director of Parks and Recreation
DATE: October 4, 2005 for the October 10 City Council Meeting
SUBJECT: Heritage Square Fourth Addition Trail Connection at Lydia Avenue
I. III III :Zs]111I01[a] ki
The Maplewood city council has approved the preliminary plat for Heritage Square Fourth Addition
located at Highway 61 and County Road D, directly west of Gulden's and Venburg Tire. The proposed
plat approval proposed a trail connection from County Road D to the west to the Lydia Street right -of-
way. The proposed trail is not supported by the current developer, Town & Country Homes, as well as
the neighboring property owners.
7e[81:(rl:Zo1ll. U7
Staff has held a series of meetings with Kevin Clark developer of Town & Country Homes, Heritage
Square Fourth Addition project, regarding the proposed trail corridor. One option that has been
discussed is not having the developer be responsible for constructing the proposed trail as approved
by the city council.
In lieu of the proposed trail, staff has negotiated an agreement whereby Town & Country Homes
would provide the city with $20,000 in funds that would be utilized to improve the existing trail corridor
at Lydia Avenue and Carey Heights Drive. The $20,000 would be used for benches, ornamentation,
drinking fountain, and signage for the existing Highline Trail from Labore Road to County Road D.
In addition, the trail easements would remain in place from Highway 61 through the Heritage Square
Fourth Addition to the Lydia Street right -of -way for a period of ten years. Should the trail be deemed
necessary within that ten -year period, the trail would be constructed at the city of Maplewood's
expense.
Should the developer not agree to the proposed agreements, the trail would be constructed as
proposed at the developer's cost as part of the Heritage Square Fourth Addition.
RECOMMENDATION
Staff recommends that Heritage Square Fourth Addition trail no longer be a requirement for the
developer and in lieu of this requirement the developer would:
a. Provide a park dedication fee to the city of Maplewood in the amount of $20,000 to be used for
trail corridor improvements from Labore Road to County Road D.
b. The trail easement would remain in place for ten years and should the trail be deemed
necessary, it would be developed at the city of Maplewood's expense with the monies coming
from the park development fund.
kph \heritage square trail.parks- os -t.mem
Agenda Item K6
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
Erin Laberee, Assistant City Engineer
SUBJECT: Springside Drive Extension, City Project 03 -36 — Resolution Authorizing
Special Assessment Settlement
DATE: September 30, 2005
INTRODUCTION
The property owners at 2437 Springside Drive, Bradley and Dawn Fedorowski, objected to their special
assessment for the Springside Drive Street Extension project at the May 9` 2005 city council meeting. The
city council denied their request to cancel the assessment. To avoid litigation, a reduced assessment
amount has been agreed upon between the city attorney and Bradley and Dawn Fedorowski.
The city council shall consider approving the attached resolution authorizing the reduction of special
assessment for the Springside Drive Extension, Project 03 -36.
Background
The property at 2437 Springside Drive was originally assessed $23,717.76 for street and utility
improvements extending past their property. The Fedorowskis objected to the assessment based on no
perceived benefit from the project. The objection was denied by the city council at the May 9` 2005 council
meeting. The Fedorowskis expressed their intent to appeal in district court. To avoid further litigation, a
reduced assessment amount was agreed upon out of court between the city attorney and the Fedorowskis.
The agreed upon assessment amount is $16,000.00.
The city's attorney has drafted an agreement between the city and the Fedorowskis to reassess 2437
Springside Drive and waive assessment appeal right. The agreement is attached.
Budget Impact
The current action should not affect the approved project budget at this time.
Nx8101MI MI:1ki ULiI[a]ki I
It is recommended that the city council approve the attached resolution for Springside Drive Extension, City
Project 03 -36, Authorizing the Reduction of Special Assessment.
Attachments:
1. Resolution Authorizing Special Assessment Settlement
2. Agreement to Reassess 2437 Springside Drive and Waive Assessment Appeal
3. Location Map
Agenda Item K6
RESOLUTION
AUTHORIZING SPECIAL ASSESSMENT SETTLEMENT
BE IT RESOLVED by the City Council of the City of Maplewood as follows:
WHEREAS, the City Council of Maplewood, Minnesota adopted Resolution No. 05 -04 -050 authorizing
the levy of special assessments to benefited property for the Springside Drive Extension -West of Sterling
Street, Project Number 03 -36; and
WHEREAS, the property owners Bradley Fedorowsld and Dawn Fedorowski (hereinafter, collectively the
"Fedorowslds ") own property subject to the aforementioned assessments located at 2437 Springside Drive
and further identified by Parcel Identification Number (PIN) 122822340072 (hereinafter "Subject
Property "); and
WHEREAS, the Fedorowslds objected to the assessment on the basis of no perceived benefit from or
disparity thereto the Subject Property; and
WHEREAS, on May 9, 2005, the City Council of Maplewood, Minnesota adopted Resolution No. 05 -05-
072 denying cancellation of assessment; and
WHEREAS, the Fedorowslds further objected to the assessment and expressed their intent to appeal to
district court as aggrieved persons pursuant to Minnesota Statute §429.081; and
WHEREAS, the City Council and the Fedorowslds desire to settle the assessment dispute without resorting
to litigation and have agreed upon a reassessment amount as set forth in Agreement To Reassess Property
At 2437 Springside Drive And Waive Assessment Appeal (hereinafter "Agreement ") attached hereto as
Exhibit A;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota as
follows:
I. That the City Engineer and City Cleric are hereby instructed to make the following adjustments to
the assessment roll for the Springside Drive Street Extension, City Project 03 -36:
Reassess as follows the Subject Property identified by PIN: 122822340072 and legally described as
SECTION 12 TOWN 28 RANGE 22 THAT PART OF THE E 146 FT OF THE S 500 FT OF THE
E 1/2 OF THE W 1/2 OF THE SE 1/4 OF SW 1/4 LYING NORTH OF THE WLY EXTENSION
OF THE N L OF SPRING SIDE DRIVE E (SUBJ TO ESMT) IN SEC 12 TN 28 RN 22 to reflect
the following adjustments:
Agenda Item K6
TOTAL ASSESSMENT for this parcel is $ 16,000.00
II. The assessment roll for the Springside Drive Street Extension, City Project 03 -36, as amended, is
hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll
shall constitute the special assessment against the lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed improvement in the amount of the
assessment levied against it.
III. Such assessments shall be payable in equal annual installments extending over a period of 15 years,
the first installments to be payable on or before the first Monday in January 2006 and shall bear
interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date of
this resolution until December 31, 2005. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
IV. The owner of any property so assessed may pay to the city clerk full or partial payments with no
interest within 30 days from the adoption of this resolution. Partial payment to the city shall be a
minimum of 25% of the assessment amount. Unpaid balances will be certified by the city to Ramsey
County after November 9, 2005 and they may, at any time after certification to Ramsey County pay
to the county auditor the entire amount of the assessment remaining unpaid.
V. The city engineer and city clerk shall forthwith after November 9, 2005, but no later than November
15th, 2005, transmit a certified duplicate of this assessment to the county auditor to be extended on
the property tax lists of the county. Such assessments shall be collected and paid over the same
manner as other municipal taxes.
Adopted by the City Council of Maplewood, Minnesota, this day of 12005.
No. of Units
Rate
Subtotal
Street & Storm Construction
1
$16,000.00 per unit
$16,000.00
Sanitary Sewer Main
0
$2,760.00 per unit
$ -
Sanitary Sewer Service
0
$1,050.00 per service
$ -
Water Main
0
$2,760.00 per unit
$ -
Water Service
0
$1,050.00 per service
$ -
TOTAL ASSESSMENT for this parcel is $ 16,000.00
II. The assessment roll for the Springside Drive Street Extension, City Project 03 -36, as amended, is
hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll
shall constitute the special assessment against the lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed improvement in the amount of the
assessment levied against it.
III. Such assessments shall be payable in equal annual installments extending over a period of 15 years,
the first installments to be payable on or before the first Monday in January 2006 and shall bear
interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date of
this resolution until December 31, 2005. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
IV. The owner of any property so assessed may pay to the city clerk full or partial payments with no
interest within 30 days from the adoption of this resolution. Partial payment to the city shall be a
minimum of 25% of the assessment amount. Unpaid balances will be certified by the city to Ramsey
County after November 9, 2005 and they may, at any time after certification to Ramsey County pay
to the county auditor the entire amount of the assessment remaining unpaid.
V. The city engineer and city clerk shall forthwith after November 9, 2005, but no later than November
15th, 2005, transmit a certified duplicate of this assessment to the county auditor to be extended on
the property tax lists of the county. Such assessments shall be collected and paid over the same
manner as other municipal taxes.
Adopted by the City Council of Maplewood, Minnesota, this day of 12005.
Agenda Item K6
AGREEMENT TO REASSESS PROPERTY AT 2437 SPRINGSIDE DRIVE
AND WAIVE ASSESSMENT APPEAL
This Agreement is made this day of , 2005, by and between the City of
Maplewood, Minnesota, a municipal corporation (the "City ") and Bradley Fedorowsld and Dawn
Fedorowsld (collectively the "Fedorowslds ")
WHEREAS, the City Council of Maplewood, Minnesota adopted Resolution No. 05 -04 -050 authorizing
the levy of special assessments to benefited property for the Springside Drive Extension -West of Sterling
Street, Project Number 03 -36 (the "Project"); and
WHEREAS, the Fedorowslds are the fee simple owners of property subject to the aforementioned
assessments located at 2437 Springside Drive and further identified by Parcel Identification Number (PIN)
122822340072 ( "Subject Property "); and
WHEREAS, the City specially assessed the Subject Property $23,717.76 for benefits directly resulting
from the Project;
WHEREAS, the Fedorowslds objected to the assessment on the basis of no perceived benefit from or
disparity thereto the Subject Property; and
WHEREAS, on May 9, 2005, the City Council of Maplewood, Minnesota adopted Resolution No. 05 -05-
072 denying cancellation of assessment; and
WHEREAS, the Fedorowslds further objected to the assessment and expressed their intent to appeal to
district court as aggrieved persons pursuant to Minnesota Statute §429.081; and
WHEREAS, the City Council and the Fedorowslds desire to settle the assessment dispute without resorting
to litigation and have agreed upon a reassessment amount as set forth below;
NOW, THEREFORE, in consideration of the foregoing and mutual covenants and promises herein
contained, the parties hereby agree as follows:
The City shall reduce the special assessment to $16,000.00 ( "Adjusted Assessment ") in
accordance with the proposed Resolution attached hereto as Exhibit A.
2. In consideration for the City's reassessment or reduction of the special assessment Bradley
Fedorowsld and Dawn Fedorowsld do hereby agree and consent to the Adjusted Assessment and
a. stipulate that the Subject Property has been benefited by the Project to the extent of the
Adjusted Assessment;
b. waive their rights to notice, hearing and appeal of this reassessment to the Subject Property
set forth in but not limited to Minnesota Statutes §429.061, et seq, §429.071(2) and
Agenda Item K6
§429.081. Minnesota case law supports waiver of assessment procedures such as the right of
notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953); and
3.
C
Date:
CS
c. sign any reasonable and related documents or waivers presented by the City with respect to
the assessments.
Each party will pay its own costs and attorneys' fees in connection with the assessment and
settlement.
Bradley Fedorowsld
2005
C
City of Maplewood, Mayor
Date: _ 2005
C
Dawn Fedorowsld City of Maplewood, City Manager
Date: 2005 Date: 2005
RAMSEY COUNTY
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Exhibit 1
no scale
Project Location
Springside Drive Extension, C.P. 03 -36
West of Sterling St.
Agenda Item K7
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
SUBJECT: Minnehaha and Century Intersection Improvements, City Project 05 -31,
Approve Resolution Requesting Funding from MnDOT Through the Municipal
Agreement Program for Improvements at the Minnehaha Avenue (CSAH 34)
and Century Avenue (TH 120) Intersection
DATE: October 3, 2005
INTRODUCTION
A number of improvements along Minnehaha Avenue between McKnight Road and Century Avenue have
identified a concern with traffic operations at the Minnehaha and Century intersection. The Municipal
Agreements program is operated by MnDOT to provide funds to local agencies for improvement projects to
improve intersection operations. Approval to request funds for this intersection is recommended.
Background
During 2004 and 2005, the City has approved new developments at 3M and a residential development,
Cahanes Estates, as well, the City completed improvements to Carlton Street. Each of these projects
provided some changes to traffic flow on Minnehaha. A traffic study was conducted in 2004 that identified
the impacts of these projects /developments, as well as the background traffic that controlled the flow
patterns on Minnehaha. The traffic study concluded that the major traffic concern in the area was
controlled by the design and timing of the signal system at Century Avenue and Minnehaha. The study
recommended improvements at this intersection to improve vehicle movement, pedestrian and vehicular
safety, as well as efficiency of signal operation. Century Avenue is also Trunk Highway 120, while
Minnehaha Avenue is a Ramsey County State Aid Highway. Under state -wide rules, the intersection is
under MnDOT's jurisdiction. Due to state funding problems, this intersection is not programmed for
improvement within the next 15 years (the length of MnDOT's programming cycle). The only possibility for
improvements is through a locally- initiated project. MnDOT does provide funds for local projects through a
Municipal Agreements Program. The city is constructing improvements to TH 61 under this program.
Ramsey County has agreed to cost -share a project if funds are awarded by MnDOT through this
application. The attached resolution authorizes city staff to apply for funding for this project. It is
anticipated that a project cost will be in the $300,000 range. The resolution commits Maplewood to the
local share, which typically is 30% of the project cost, or $90,000. We anticipate that Ramsey County will
agree to pay 50% of the local share, so Maplewood's commitment is for $45,000, which will be covered
with Municipal State Aid Street (MSAS) funds. Authorization to spend $10,000 of these funds is required to
complete the funding application and preliminary investigation.
RECOMMENDATION
It is recommended that the city council adopt the attached resolution approving the request for Municipal
Agreement Funding from MnDOT for the Minnehaha and Century intersection Improvements and authorize
an improvement project funding of $10,000 for this project.
Attachment:
1. Resolution
Agenda Item K7
RESOLUTION NO.
REQUESTING FUNDING FROM MN /DOT THROUGH THE MUNICIPAL AGREEMENT
PROGRAM FOR IMPROVEMENTS AT THE MINNEHAHA AVENUE (CSAH 34) AND CENTURY
AVENUE (TH 120) INTERSECTION
WHEREAS, the City of Maplewood proposes to make certain improvements at the intersection
of Minnehaha Avenue (CSAH 34) and Century Avenue (TH 120), and
WHEREAS, the improvements will include the construction of turn lanes, signal phasing
modifications, and other intersection geometric improvements, and
WHEREAS, the improvements will benefit both the City of Maplewood and the Minnesota
Department of Transportation (Mn /DOT).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The City of Maplewood is requesting financial participation in the project from
Mn /DOT through the Municipal Agreement Program.
2. The City of Maplewood will be responsible for the preliminary engineering, final
design and permitting functions and costs of said improvements. The construction costs of the
improvements will be shared between Mn /DOT and the City of Maplewood. The amount of
Mn /DOT's participation in the construction costs shall be determined based upon the Mn /DOT
Cost Participation Policy.
3. If funding is provided by Mn /DOT through the Municipal Agreement
Program, the City of Maplewood will provide the local share of the improvement costs and will
complete said project.
Approved this 1 0 th day of October 2005.
Agenda Item K8
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Director of Public Works /City Engineer
DuWayne Konewko, Environmental Manager
SUBJECT: Requesting Approval of City Recycling Contract
DATE: October 3, 2005
INTRODUCTION
The city received a total of four Request for Proposals (RFP) from contractors to operate the city's
recycling program. RFP's were received from Eureka Recycling, Allied Waste Services /BFI, Waste
Management, and Onyx Waste Services.
Background
The Maplewood city council adopted the RFP for comprehensive recycling services at the June 13, 2005
council meeting. Proposals were sent out the following day and were due back no later than 4 p.m. on July
7, 2005. The RFP included information on how the city was going to objectively evaluate the proposals. At
the August 22, 2005 city council meeting, staff presented the results from the Environmental Committee's
ranking of the recycling vendors. Eureka Recycling was the top recommended vendor. Staff supported the
Environmental Committee's recommendation and requested authorization from the city council to begin
negotiations with Eureka Recycling. City council authorized staff to proceed with negotiations with said
vendor.
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The city's RFP served as the basis for the contract between the City of Maplewood and Eureka Recycling.
Prior to the first meeting with Eureka Recycling, city staff developed a negotiation strategy to assist us in
discussions with Eureka Recycling. The City Attorney was also involved in these preliminary discussions.
Staff met with Eureka Recycling on four different occasions to negotiate the details of the contract. In
addition, staff worked with Eureka Recycling to develop a Recycling Work Plan that outlines the timeline
and processes for the next fifteen months. One of the major changes to the Maplewood Recycling Program
will be the change from bi- weekly to weekly collection services for the residents of the city. Staff will be
presenting the details of this change to the city council at a meeting in November. The City Attorney has
reviewed and approved the attached Contract Agreement and the Recycling Work Plan.
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Staff recommends that the City Council approve the attached Contract Agreement between the City of
Maplewood and Eureka Recycling for Recycling Services. Staff is also recommending authorization of the
attached Maplewood Recycling Work Plan.
Attachments:
1. Contract Agreement between the City of Maplewood and Eureka Recycling for Recycling Services
2. Maplewood Recycling Work Plan
As of 9 -27 -05
CONTRACT AGREEMENT BETWEEN
CITY OF MAPLEWOOD AND EUREKA RECYCLING
FOR RECYCLING SERVICES
Table of Contents
1 .
Definitions ...................................................................................... ..............................4
2 .
Term of contract ............................................................................ ...............................
7
3 .
Annual Work Plan ......................................................................... ...............................
7
4.
Annual performance review meeting to discuss recommendations for continuous
improvement................................................................................ ...............................
7
5.
"Dual Stream, Plus" collection / processing system ..................... ...............................
8
6 .
Payment Terms ............................................................................ ...............................
8
7.
RFP and Contractor's Proposal .................................................... ...............................
9
GENERAL REQUIREMENTS FOR ALL COLLECTIONS .................... ..............................9
8 .
Missed collections .......................................................................... ..............................9
9 .
Severe weather ........................................................................... ...............................
10
10.
Collection hours and days ........................................................... ...............................
10
11.
Customer Complaints ................................................................. ...............................
10
12.
City retains right to specify resident preparation instructions ...... ...............................
10
13.
City shall approve Contractor's public education literature ......... ...............................
10
14 .
Weighing of loads ....................................................................... ...............................
11
15.
Monthly and annual reports ........................................................ ...............................
11
16.
Ownership of recyclables ............................................................ ...............................
11
17.
Scavenging prohibited ................................................................ ...............................
11
18.
Cleanup of spillage or blowing litter ............................................ ...............................
12
19.
Recyclable materials required to be transported to markets; Disposal prohibited......
12
20.
Designated primary glass market ................................................ ...............................
12
21.
Processing facilities must be specified ........................................ ...............................
12
22.
Estimating materials composition as collected ............................ ...............................
12
23.
Estimating process residuals ...................................................... ...............................
13
24.
Lack of adequate market demand ............................................... ...............................
13
25 .
Vehicle requirments .................................................................... ...............................
13
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26. Personnel Requirements ............................................................ ............................... 14
27. Licenses and Permits .................................................................. ............................... 14
28. Performance monitoring .............................................................. ............................... 14
29. Liquidated damages .................................................................... ............................... 14
CURBSIDE COLLECTION REQUIREMENTS ..................................... .............................15
....................... .............................18
30 .
Weekly Collection ....................................................................... ...............................
15
31 .
Point of collection ........................................................................ ...............................
15
32.
Curbside collection schedule deadline ........................................ ...............................
15
33.
Procedure for handling non - targeted materials ........................... ...............................
15
34.
New Materials to be Added in 2006 ............................................ ...............................
16
MULTI FAMILY COLLECTION REQUIREMENTS .............................. .............................16
....................... .............................18
35.
MFD building owners may elect to subscribe to recycling service under the City's
............................... 18
45.
contract...................................................................................... ...............................
16
36.
Multi- family collection stations ..................................................... ...............................
16
37.
Multi- family container location( s) ................................................. ...............................
16
38.
Multi- family service standards ..................................................... ...............................
17
39.
Multi- family recycling container requirements ............................. ...............................
17
40.
Responsibility for providing and maintaining multi - family recycling containers ..........
17
41.
Public education information for tenants with multi - family recycling service ..............
17
42.
Other public education tools to residents with multi - family recycling service .............
17
43.
Annual report to MFD building owners ........................................ ...............................
17
INSURANCE AND OTHER LEGAL REQUIREMENTS
....................... .............................18
44 .
Insurance ....................................................................................
............................... 18
45.
Transfer of interest ......................................................................
............................... 19
46.
Non - Assignability and Bankruptcy ..............................................
............................... 19
47.
Dispute resolution and arbitration procedures ............................
............................... 19
48 .
Performance bond ......................................................................
............................... 19
49.
General compliance ......................................................................
.............................20
50.
Independent contractor .................................................................
.............................20
51 .
Hold harmless ...............................................................................
.............................20
52.
Accounting standards .................................................................
............................... 20
53.
Retention of records ....................................................................
............................... 20
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54 .
Data practices ............................................................................... .............................21
55.
Inspection of records ..................................................................... .............................21
56 .
Applicable law ............................................................................... .............................21
57.
Contract termination .................................................................... ...............................
21
58.
Employee working conditions and Contractor's safety procedures ............................
21
59.
Contract amendments ................................................................. ...............................
22
3
As of 9 -27 -05
This Agreement is made this day of 2005, between the City of
Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the "City ") and The
Neighborhood Recycling Corporation, Inc. (D /B /A "Eureka Recycling "), a Minnesota non - profit
corporation, with its current local place of business at 2828 Kennedy Street NE, Minneapolis,
Minnesota 55413 (the "Contractor ").
WITNESSETH:
WHEREAS, the City supports a comprehensive residential recycling program and
desires that high - quality recycling services be available to all its residents; and
WHEREAS, the City supports curbside recycling as part of an overall landfill
abatement program; and
WHEREAS, the City supports multi - family recycling services as another part of an
overall landfill abatement program; and
WHEREAS, Ramsey County has funding available for such residential recycling
services; and
WHEREAS, the Contractor has submitted a proposal for comprehensive recycling
services to the City;
NOW, THEREFORE, the City and Contractor mutually agree as follows, in
consideration of the mutual promises and covenants contained herein:
1. Definitions
1.1 "Aluminum cans"
Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice,
water or other beverages.
1.2 "City's annual recycling public education flyer"
The City publishes an annual public education flyer that contains the following recycling
information for City residents:
• Annual calendar and map of curbside recycling districts for "single family
dwellings"
• List of materials to be included for recycling
• List of materials excluded that cannot be recycled in the City's program
• General information about curbside recycling and multi - family recycling
instructions
• How to prepare materials.
1.3 "City's designated contact person"
The City has designated the City's Environmental Management Specialist, DuWayne
Konewko, as the City's current contact for management and administration of this
Agreement.
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As of 9 -27 -05
1.4 "City- designated recyclables" or "Recyclable materials" or "Recyclables"
The following recyclable materials: aluminum cans; steel cans; glass jars and bottles; paper
recyclables; plastic bottles; textiles; and corrugated cardboard as defined and further
described in the "City's annual recycling public education flyer ". This list of recyclable
materials can be amended through negotiation between the City and its Contractor at any
time within the duration of the contract term. Such negotiations must be reduced to a written
amendment to this Agreement and duly executed before it shall go into effect.
1.5 "Collection"
The aggregation and transportation of recyclable materials from the place at which it is
generated and includes all activities up to the time when it is delivered to a recycling facility.
1.6 "Contractor"
The City's recycling service Contractor under the new contract beginning operation on
January 1, 2006.
1.7 "Corrugated cardboard"
Cardboard material with double wall construction and corrugated separation between walls
but not plastic, wax or other coated cardboard.
1.8 "Curbside recycling bins"
Uniform curbside recycling bins (e.g., red, plastic recycling "tubs ") supplied by the City in
which recyclables can be stored and later placed for curbside collection, as specified by the
City. The recycling containers remain the property of the City.
1.9 "Curbside recycling service"
The recycling collection service, together with related public education and other customer
services, specified within this RFP utilizing curbside recycling bins. Multi- family dwellings
may receive curbside recycling service as selected by the City and the Contractor.
1.10 "Glass jars and bottles"
Glass jars, bottles, and containers (lids /caps and pumps removed) that are primarily used for
packing and bottling of food and beverages.
1.11 "Market demand"
The economic and technical capacity of markets to use recyclable material to make new
products.
1.12 "Markets"
Any person or company that buys (or charges) for recycling of specified materials and may
include, but are not limited to: end - markets, intermediate processors, brokers and other
recycling material reclaimers.
1.13 "Multiple family dwellings (MFD)"
A building or a portion thereof containing two or more dwelling units.
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As of 9 -27 -05
1.14 "MFD recycling containers"
Recycling containers used for multiple family dwellings (MFD) including any bin, cart,
dumpster or other receptacle for temporary storage and collection of designated recyclables
from residents in MFD's prior to collection. Such recycling containers must be separate,
explicitly labeled as to recyclables included, and colored differently from other containers for
mixed solid waste or trash.
1.15 "Multi- family recycling service"
Recycling collection service, together with related public education and other customer
services, provided to multi - family residents that utilize multi - family recycling containers (i.e.,
carts) and use multi - family recycling stations.
In general, multi - family recycling service shall be provided to MFD's with eleven (11) units or
more per building. In general, MF dwellings with two (2) to ten (10) units per building shall be
provided with curbside collection service utilizing curbside bins.
1.16 "Multi- family recycling stations"
The location of multi - family recycling containers designated by the recycling Contractor with
agreement of the MFD building owner. Multi- family recycling stations will likely be a cluster of
recycling carts and /or recycling dumpsters (e.g., for old corrugated cardboard).
1.17 "Non targeted materials
Non-recyclable materials that are not included in the City's recycling program. Examples of
typical non - targeted items include (but are not limited to): pumps on plastic bottles, ceramic
material in glass streams, pizza cartons in corrugated cardboard streams, etc.
1.18 "Paper"
Paper includes the following: newspapers (including inserts); household office paper and
mail; boxboard; old corrugated cardboard; phone books; Kraft bags; pop /beer boxes and
magazines /catalogs. No boxboard containers used for food product storage in refrigerators
or freezers are included.
1.19 "Plastic bottles"
Plastic bottles shaped with a neck. Plastic lids, caps, rings and pumps are not included.
Recyclable plastic bottles shall be identified on the bottom with the SPI plastic codes #1
(PETE) and #2 (HDPE) including bottles containing: liquor; milk; juice; soft drinks; water;
certain foods; soap and cosmetics.
1.20 "Process residuals"
The normal amount of material that can not be economically recycled due to material
characteristics such as size, shape, color, cross - material contamination, etc. and must be
disposed as mixed municipal solid waste. Process residuals include subcategories of
process residuals including but not limited to bulky items, contaminants, sorted tailings, floor
sweepings and rejects from specific processing equipment (e.g. materials cleaned from
screens, etc). "Process residuals" does not include clean, separated products that are
normally processed and prepared for shipment to markets as commodities but are of
relatively low -value because of depressed market demand conditions.
0
As of 9 -27 -05
1.21 "Processing"
The sorting, volume reduction, baling, containment or other preparation of recyclable
materials delivered to the processing center for transportation or marketing purposes.
1.22 "Processing center"
A recycling facility in which recyclable materials are processed. The facility will conform to all
applicable rules, regulations and laws of state, local or other jurisdictions.
1.23 "Steel cans"
Disposable containers fabricated primarily of steel or tin used for food and beverages.
1.24 "Textiles"
Textiles include unwanted but reusable Linens: towels, sheets, blankets, curtains, tablecloths
and clothes: including belts, coats, hats, gloves, shoes and boots that are clean and free of
mold, mildew and excessive stains. Textiles must be dry.
1.25 "Work Plan from Contractor"
The annual work plan proposal for recycling system improvements submitted from the
Contractor and approved by the City.
2. Term of contract
The term of the new recycling contract will be a period of five (5) years from January 1, 2006
through December 31, 2010.
3. Annual Work Plan
The Contractor shall submit an annual work plan proposal no later than October 1 for the
upcoming calendar year to outline key priorities for system improvements. Public education
tools shall be itemized and approximate timelines described. Other service improvements
may also be included in the work plan. The City shall review and approve the work plan by
no later than November 1 each year. The annual work plan shall be incorporated by
reference as an amendment to this contract.
4. Annual performance review meeting to discuss recommendations for
continuous improvement
Upon receipt of the Contractors annual report, the City shall schedule an annual meeting with
the Contractor and the City's Environment Committee. The objectives of this annual meeting
will include (but not limited to):
• Review Contractor's annual report, including trends in recovery rate and
participation.
• Efforts the Contractor has made to expand recyclable markets.
• Review Contractor's performance based on feedback from residents to the
Environment Committee members and /or City staff.
• Review Contractor's recommendations for improvement in the City's recycling
program, including enhanced public education and other opportunities as contained
within the annual work plan for the upcoming year.
7
As of 9 -27 -05
• Review City staff recommendations for Contractor's service improvements.
• Discuss other opportunities for improvement with the remaining years under the
current contract.
S. "Dual Stream, Plus" collection / processing system
Dual stream recyclables collection and processing services shall be the basic service system
design for this contract. Under this dual stream design, residents shall continue to be
instructed to separate recyclables into two primary groups of materials: (1) all food and
beverage containers, including: glass, metal and plastic bottles; and (2) all paper fiber
products, including: newspapers, boxboard, magazines, pop /beer boxes, mixed mail,
catalogs, phone books, Kraft bags and corrugated cardboard.
In addition, residents may place clean, reusable textiles out separately in plastic bags as
outlined in Section 34 of this Agreement. Under this "dual stream plus" system design,
processing shall also be by the categories as collected: paper separated from containers
separated from textiles.
The Contractor shall not make any changes to the dual stream collection or processing
systems without written approval of the City.
6. Payment Terms
The Contractor will invoice the City of Maplewood on a monthly basis and the City will pay the
contractor no later than net 30 days of receipt of the invoice. The billing system will include
the following elements:
6.1 Per Ton Fee
A charge for collection services calculated by multiplying the estimated tons to be collected in
that month by the per ton collection fee of $110. The collection fee to be adjusted annually
using the Federal Reserve Bank of Minneapolis annually published Consumer Price Index or
2.0 %, whichever is lower.
The Contractor shall provide a summary of tons collected each month by route. Truck scale
receipts for all materials as collected and scaled at the Contractor's processing facility must
be kept on file for a period of three years and made available to the City upon request.
6.2 Reconciliation from Previous Month
A subtraction or addition of a reconciliation of the previous month's estimated tons as
compared to the actual tons.
6.3 Materials Sales Revenue Share
A composite credit for the following material sales revenue share:
6.3.1 All Paper Grades
Paper prices shall be based on the Official Board Markets (OBM) "Yellow Sheet," Chicago
region for Old Newspapers (ONP) # 8, high side of range. The Contractor shall pay the City
60% of this OBM index for all grades of paper collected after a processing fee of $50 per ton.
0
As of 9 -27 -05
6.3.2 Aluminum
Aluminum prices shall be based on the American Metal Market (AMM), Aluminum (1st issue
of the month), high side nonferrous scrap prices: scrap metals, domestic aluminum
producers, buying prices for processed used aluminum cans in carload lots, f.o.b. shipping
point, used beverage can scrap. The Contractor shall pay the City 50% of this AMM
aluminum index after a processing fee of $90 per ton.
The Contractor shall provide copies of the referenced OBM market index and AMM market
index with each monthly statement. The Contractor shall provide a detailed explanation of
how the material splits are calculated to derive the paper and aluminum tonnage estimates.
The City or the Contractor may propose other revenue sharing commodities and
corresponding proposed pricing formulae, at any time during the duration of the contract.
The parties shall enter into negotiations in good faith and any new revenue sharing
agreement shall be reduced to writing in the form of an amendment to the contract.
6.4 Monthly Fuel Price Adjustment
A subtraction or addition of a reconciliation of the Department of Energy's monthly published
index for "Weekly Retail On- Highway Diesel Prices" composite diesel price for the Midwest
region as compared to the baseline price of $2.328 per gallon established on July 4, 2005.
The difference between the monthly index and the baseline price will be applied to an agreed
upon number of City of Maplewood recycling truck miles per month and miles per gallon.
6.5 Other
Any other mutually agreed upon charges or credits.
7. RFP and Contractor's Proposal
The contents of the City's RFP (as of June 13, 2005) and the Contractor's proposal are part
of the contractual obligations and are incorporated by reference into this contract. If any
provision of the contract is in conflict with the referenced RFP or proposal, the contract shall
take precedent.
GENERAL REQUIREMENTS FOR ALL COLLECTIONS
The following general requirements are pertinent to all recycling collections (i.e., both
curbside recycling collection and multi - family recycling collection services). However, the City
acknowledges that collection service frequencies and other factors will vary between
residential and multi family collection programs.
8. Missed collections
The Contractor shall have a duty to pick up missed recycling collections. The Contractor
agrees to pick up all missed collections on the same day the Contractor receives notice of a
missed collection, provided notice is received by the Contractor before 11:00 a.m. on a
business day. With respect to all notices of a missed collection received after 11:00 a.m. or
a business day, the Contractor agrees to pick up that missed collection before 4:00 p.m. on
the following business day.
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As of 9 -27 -05
9. Severe weather
The Contractor may postpone recycling collections due to severe weather at the sole
discretion of the Contractor. "Severe Weather" shall include, but shall not be limited to those
cases in which the temperature at 6:00 a.m. is minus twenty ( -20) degrees Fahrenheit or
colder. If collections are so postponed, the Contractor shall notify the City. Upon
postponement, collection will be made on a day agreed upon between the Contractor and the
City.
10. Collection hours and days
The City requires all such collections to begin no sooner than 7 a.m. and shall be complete
by 7 p.m. Furthermore, the City requires scheduled collection days to be Monday through
Friday and pre - selected Saturdays during holiday weeks. The Contractor may request one
time City authorization of exceptions to these time and day restrictions (e.g., pursuant to the
"Severe Weather" section 9 above). The Contractor must request such exception prior to the
requested collection event and specify the date, time and reason for the exception.
11. Customer Complaints
The Contractor shall establish and maintain, in a location approved by the City, an office with
continuous supervision for accepting complaints and customer calls. The office shall be in
service with continuous supervision during the hours of 7 a.m. until 4:30 p.m. on all days of
collection as specified in this Agreement. The address and telephone numbers of such
office, and ten (10) days prior notice of changes therein, shall be given to the city in writing.
The address of this office as of the execution of the contract is 2828 Kennedy Street NE,
Minneapolis, Minnesota 55413. The Contractor shall also establish a link to the City's
website so complaints can be made electronically.
Each month the Contractor shall provide the City with a list of all customer complaints, the
nature of these complaints and a description of how each complaint was resolved. The
names of the complainants and contact numbers or e-mail addresses must also be included.
Complaints on service will be taken and collected by the City and the Contractor. The City
will notify the Contractor of all complaints it receives. The Contractor is responsible for
corrective actions. The Contractor shall answer all complaints courteously and promptly.
12. City retains right to specify resident preparation instructions
The Contractor shall agree that it is the City's sole right to clearly specify the resident sorting
and setout requirements. The City shall publish and distribute, on an annual basis, the
detailed recyclables preparation instructions for its residents as part of its annual public
education flyer. However, the City agrees to confer with the Contractor before the annual
flyer distribution.
13. City shall approve Contractor's public education literature
The Contractor shall conduct its own promotions and public education to increase
participation and improve compliance with City- specified resident preparation instructions as
per the public education elements of the annual work plan At a minimum, this shall include:
production and distribution of an annual flyer to each home; and (2) distribution of "resident
education tags" to be left by curbside collection crews if any non - targeted material is rejected
10
As of 9 -27 -05
and left at the curb. The Contractor shall submit a draft of any public education literature for
approval by the City, at least one (1) month before printing and release of any such literature.
14. Weighing of loads
Contractor will keep accurate records consisting of an approved weight slip with the date,
time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight,
and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed
after completion of a route or at the end of the day, whichever occurs first. A copy of each
weight ticket shall be kept on file and made available for inspection upon request by the City.
15. Monthly and annual reports
The Contractor will submit to the City monthly reports and annual reports. At a minimum, the
Contractor shall include the following information:
• Gross amounts of materials collected, by recyclable material (in tons).
• Net amounts of materials marketed, by recyclable material (in tons).
• Amounts stored, by recyclable material, with any notes as to unusual conditions (in
tons).
• Amounts of "process residuals" disposed (in tons).
• Recycling service fee (based upon contracted price per ton).
Revenue share credits back to the City (if any).
Monthly reports shall be due to the City by the 15 day of each month. Annual reports shall
be due by January 31. The Contractor will be encouraged to include in its annual report
recommendations for continuous improvement in the City's recycling program (e.g., public
education, multi - family recycling, etc.).
16. Ownership of recyclables
Ownership of the recyclables shall remain with the person placing them for collection until
Contractor's personnel physically touches them for collection, at which time the ownership of
the recyclables shall transfer to Contractor.
17. Scavenging prohibited
All recyclable materials placed for collection shall be owned by and are the responsibility of
the occupants of residential properties until the Contractor handles them. Upon collection of
the designated recyclable materials by the Contractor, the recyclable materials become the
property and responsibility of the Contractor.
It is unlawful for any person other than the City's recycling Contractor or owner's independent
hauler to collect, remove, or dispose of designated recyclables after the materials have been
placed or deposited for collection in the recycling containers. The owner, owner's
employees, owner's independent hauler's employees, or City's recycling Contractor's
employees may not collect or "scavenge" through recycling in any manner that interferes with
the contracted recycling services.
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18. Cleanup of spillage or blowing litter
The Contractor shall clean up any material spilled or blown during the course of collection
and /or hauling operations. All collection vehicles shall be equipped with at least one broom
and one shovel for use in cleaning up material spillage. Designated recyclables shall be
transported in a covered vehicle so that the recyclables do not drop or blow onto any public
street or private property during transport.
19. Recyclable materials required to be transported to markets; Disposal
prohibited
Upon collection by the City's recycling Contractor, the City's Contractor shall deliver the
designated recyclables to a recyclable material processing center, an end market for sale or
reuse, or to an intermediate collection center for later delivery to a processing center or end
market. It is unlawful for any person to transport for disposal or to dispose of designated
recyclables in a mixed municipal solid waste disposal facility. The Contractor shall not
landfill, incinerate, compost or make fuel pellets out of the recyclable materials.
20. Designated primary glass market
The City and Contractor hereby agree that Anchor Glass Corp. (Shakopee, MN) shall be the
primary market of choice for glass bottles and jars collected from the City's recycling
program. The Contractor shall develop a proposed glass marketing contingency plan in
writing for review, comment and approval by the City. This contingency plan shall be based
on recycling glass into markets with the highest and best use of this commodity. The
Contractor shall provide an annual assessment of the Anchor glass market as part of its
annual report to the City.
The Contractor shall provide as much notice as possible if the Anchor glass plant closes,
stops accepting recyclable glass cullet, or otherwise becomes economically unfeasible as the
primary glass market outlet. If Anchor is no longer a viable primary market for glass, and if
the Contractor must adjust its glass processing and /or marketing operations, the Contractor
may submit a proposed per ton fee amendment to the City. This per ton fee amendment
proposal must include a detailed cost justification for any fee increase. Once the fee
amendment proposal is submitted, the City shall have 30 days to negotiate a final fee
amendment with the Contractor for approval by the City Council.
21. Processing facilities must be specified
The Contractor shall assure the City that adequate recyclable material processing capacity
will be provided for City material collected. The Contractor shall provide written notice to the
City at least 60 days in advance of any substantial change in these or subsequent plans for
receiving and processing recyclables collected from the City.
22. Estimating materials composition as collected
The Contractor shall conduct at least one materials composition analysis of the City's
recyclables each year to estimate the relative amount by weight of each recyclable
commodity by grade. The results of this analysis shall include: (1) percent by weight of each
recyclable commodity by grade as collected from the City; (2) relative change compared to
the previous year's composition; and (3) a description of the methodology used to calculate
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the composition, including number of samples, dates weighed, and City route(s) used for
sampling. The Contractor shall provide the City with a copy of each such analysis.
23. Estimating process residuals
The Contractor shall provide the City a written description of the means to estimate process
residuals derived from the City's recyclables. This written description shall be reviewed and
approved in writing by the City. This written description shall be updated by the Contractor
immediately after any significant changes to the processing facilities used by the Contractor.
The Contractor shall record the weight and generator for all materials entering the processing
facility on a daily, monthly and annual basis. These records shall be made available to the
City upon request.
The Contractor shall report total weight of material disposed as shipped out to a mixed
municipal solid waste facility compared to the total material shipped out each month form its
processing facility.
24. Lack of adequate market demand
In the event that the market for a particular recyclable ceases to exist, or becomes
economically depressed that it becomes economically unfeasible to continue collection,
processing and marketing of that particular recyclable, the City and the Contractor will both
agree in writing that it is no longer appropriate to collect such item before collection ceases.
The Contractor shall give the City as much notice as possible about the indications of such
market condition changes. The Contractor may then initiate the formal process by sending a
letter to the City notifying the City that the recyclable item should be discontinued from
collection. Upon receipt of the Contractor's notice, the City shall have 14 days to review and
negotiate a contract amendment relating to disposal of such a recyclable commodity that
does not have adequate market demand.
After this 14 day period, the City shall pay the costs of all disposal of any item collected that
is deemed not recyclable by Contractor and the City due to lack of adequate market demand
until the City has approved that collection be discontinued for those materials. After the City
agrees to discontinue collection of those materials, the Contractor is responsible for the costs
of all disposal of any item collected that is deemed not recyclable by Contractor and the City
due to lack of adequate market demand. The City and Contractor shall specify a date in this
written contract amendment to cease collection of the recyclable item in question. The
Contractor shall at all times be under a duty to minimize recyclables ending up in landfill or
disposal at other facilities receiving mixed municipal solid waste. If disposal of any recyclable
commodity becomes necessary, upon receiving written permission from the City, the
Contractor shall dispose of the recyclable materials at a facility specified in writing by the City
or an alternative agreed upon by the City and the Contractor.
25. Vehicle requirements
Each collection vehicle shall be equipped with the following:
• The Contractor's vehicles shall be marked with the name and telephone number of
the Contractor prominently displayed on both sides of the truck. The lettering must
be at least 3 inches in height.
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• 2 -way radio.
• First aid kit.
• Approved fire extinguisher.
• Warning flashers.
• Warning alarms to indicate movement in reverse.
• Sign on rear of vehicle which states "This vehicle makes frequent stops ".
• Broom and shovel for cleaning up spills.
All of the required equipment must be in proper working order. All vehicles must be
maintained in proper working order and be as clean and free of odors as possible.
26. Personnel Requirements
Contractor shall retain sufficient personnel and equipment to fulfill the requirements and
specifications of this Agreement. Contractor's personnel shall:
• Conduct themselves at all times in a courteous manner with the general public.
• Make a concerted effort to have at all times a presentable appearance and attitude.
• Perform their work in a neat and quiet manner and clean up all recyclables spilled
in collection and hauling operations
• Avoid damage to property.
• Not perform their duties or operate vehicles while consuming alcohol or illegally
using controlled substances or while under the influence of alcohol and /or such
substances.
27. Licenses and Permits
The Contractor shall ensure that all driver and truck licenses and permits shall be current and
in full compliance with local, state and federal laws and regulations. Any processing facility
used to handle material from the City of Maplewood must have current permits and licenses
as required by the appropriate city, county, state and federal laws and ordinances. Contractor
shall make available for inspection all such licenses and permits upon request by the City.
28. Performance monitoring
The City will monitor the performance of the Contractor against goals and performance
standards required within this RFP and in the contract. Substandard performance as
determined by the City will constitute non - compliance. If action to correct such substandard
performance is not taken by the Contractor within 60 days after being notified by the City, the
City will initiate the contract termination procedures.
29. Liquidated damages
The Contractor shall agree, in addition to any other remedies available to the City, that the
City may withhold payment from the Contractor in the amounts specified below as liquidated
damages for failure of the Contractor to fulfill its obligations:
1. Failure to respond to legitimate service complaints within 24 hours in a reasonable
and professional manner - $50 per incident.
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2. Failure to collect properly notified missed collections - $250 per incident.
3. Failure to provide monthly and annual reports - $100 per incident.
4. Failure to complete the collections within the specified timeframes without proper
notice to the city - $100 per incident.
5. Failure to clean up from spills during collection operations - $250 per incident.
6. Failure to report on changes in location of recyclables processing operations -
$250 per incident.
7. Failure to provide written description of the means to estimate relative amount of
process residuals derived from the City's recyclables - $100 per incident.
8. Exceeding any maximum process residuals rate that may be negotiated as part of
a final contract agreement - $1,000 per exceedence.
9. Failure to receive City written approval of changes to the "dual stream" collection
and processing systems prior to implementing any such change - $5,000.
10. Failure to conduct annual composition analysis - $100 per incident.
These amounts will be for liquidated damages for losses suffered by the City and not
penalties.
CURBSIDE COLLECTION REQUIREMENTS
The following collection requirements are for curbside recycling services only and do not
pertain to multi - family recycling services.
30. Weekly Collection
The Contractor shall collect curbside recycling materials weekly. Recyclables shall be
collected on the same days corresponding to City garbage collection days whenever possible
(with the exception of curbside collection on Saturdays within agreed -upon "holiday weeks ").
31. Point of collection
All curbside collection service will occur at the curbside (i.e., no alley collections of residential
recyclables are allowed for residents with curbside collection service).
32. Curbside collection schedule deadline
If the Contractor determines that the collection of recyclables will not be completed by 6:00
p.m. on the scheduled collection day, the Contractor shall notify the City by 4:30 p.m. that
same day and request an extension of the collection hours. The Contractor shall inform the
City of the areas not completed, the reason for non - completion and the expected time of
completion. If the City's contract - designated contact person cannot be reached, the
Contractor will request the City Manager.
33. Procedure for handling non- targeted materials
If Contractor determines that a resident has set out non - targeted materials, the driver shall
use the following procedure:
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1. Contractor shall leave the non - targeted materials in the resident's curbside
recycling bin and leave an "education tag" indicating acceptable materials and the
proper method of preparation.
2. The driver shall record the address and the Contractor shall report the address to
the City within the monthly report.
34. New Materials to be Added in 2006
The City and the Contractor have agreed to add two new materials to the curbside collection
program: pop /beer boxes and textiles.
The pop /beer boxes shall be added to the paper stream. These items should be flattened and
placed by the resident unbundled with the other papers (newspaper, magazines, etc.)
Residents shall place textiles separately in plastic garbage bags or other bags as determined
by the City. Each bag or set of bags will have a identifying marker clearly identifying the
materials for collection. Residents will be instructed to avoid the use of paper bags and
boxes; however, materials set out in these containers are acceptable provided that the
materials have not been exposed to rain or snow. If the textiles are wet the Contractor will
not collect those items.
MULTI FAMILY COLLECTION REQUIREMENTS
The following collection requirements are for multi - family recycling services only and do not
pertain to curbside collection services.
35. MFD building owners may elect to subscribe to recycling service
under the City's contract
MFD building owners will be able to use the City's recycling Contractor to provide the
recycling services. Alternatively, MFD building owners may independently contract with
another licensed recycling contractor to provide the recycling services at the owner's
expense.
36. Multi- family collection stations
Multi- family recycling stations will be specified with agreement of the MFD building owner on
a case -by -case basis. MFD recycling stations will likely be a cluster of recycling bins, carts
and /or recycling dumpsters (e.g., for old corrugated cardboard). The number and location of
MFD recycling stations shall be adequate to be reasonably convenient and accessible to all
MFD residents.
37. Multi- family container location(s)
Multi- family recycling containers shall be placed in a location(s) on the MFD premises which
permits access for collection purposes but which does not obstruct pedestrian or vehicular
traffic and shall comply with the City's zoning and other ordinances.
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38. Multi- family service standards
At a minimum, multi - family recycling services shall be available on the premises and shall be
provided on a regularly scheduled basis of at least twice a month or as the City and
Contractor agree is adequate. The collection schedule and recycling containers' capacity
shall provide for regular removal of the recyclables such that there is adequate storage
capacity available in the recyclable containers to avoid overflowing containers.
39. Multi- family recycling container requirements
The recycling containers for buildings of 11 units or more shall be:
1. Sufficient in number and size to meet the demands for recycling services created
by the occupants.
2. Equipped with hinged lids.
3. Equipped with standardized labels identifying the type of recyclable material to be
deposited in each container and colored differently from other containers for mixed
solid waste or trash.
4. Maintained in proper operating condition and reasonably clean and sanitary.
5. Repaired or replaced on a reasonable schedule if broken due to regular wear and
tear.
6. Replacement of stolen containers or containers that have been damaged beyond
normal wear and tear shall be the responsibility of the City.
40. Responsibility for providing and maintaining multi - family recycling
containers
If the MFD building owner uses the City's Contractor, adequate multi - family recycling
containers shall be provided and maintained by the City's Contractor under the conditions
provided in Section 39 of this Agreement.
41. Public education information for tenants with multi - family recycling
service
At least once per year, the City's recycling Contractor shall supply the MFD building owner
with the sufficient number of recycling fact sheets with instructions for the tenants in their
building(s).
42. Other public education tools to residents with multi - family recycling
service
The Contractor shall specify other public education tools that the Contractor will provide, in
cooperation and coordination with MFD building owners, as part of the annual work plan.
43. Annual report to MFD building owners
The City's Contractor shall provide an annual report by January 31 of each year to the MFD
building owners served by the City's contractor. A copy of each report to the MFD building
owners shall also be submitted to the City. The report shall contain, at a minimum, the
following information:
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1. Name of owner, building manager and contact information (mailing address, phone
numbers, e-mail, etc.)
2. Street address of each MFD served.
3. Number of dwelling units for each MFD.
4. Description of collection services made available to occupants, including number of
multi - family recycling stations, number of multi - family recycling containers, location
of stations (or curbside service provided for MFD's under twelve units per building)
and dates of collection.
5. Description of public education tools used to inform occupants of availability of
services.
6. Tonnage estimates for each type of material recycled.
7. Recommendations for future improvements (e.g., specific public education tools).
INSURANCE AND OTHER LEGAL REQUIREMENTS
44.Insurance
Insurance secured by the Contractor shall be issued by insurance companies acceptable to
the City and admitted in Minnesota. The insurance specified may be in a policy or policies of
insurance, primary or excess. Such insurance shall be in force on the date of execution of
the contract and shall remain continuously in force for the duration of the contract. The
Contractor shall have the City of Maplewood named as an additional insured on each
insurance policy specified below, unless the Contractor submits in writing this is not feasible
for a specific insurance policy. The Contractor shall then provide certificates of insurance to
the City by approximately December 15 of each year. The Contractor and its sub - contractors
shall secure and maintain the following insurance:
44.1 Workers Compensation Insurance
Workers Compensation insurance shall meet the statutory obligations with Coverage B-
Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit
and $100,000 disease each employee.
44.2 Commercial General Liability insurance
Commercial General Liability insurance shall be at the limits of at least $1,000,000 general
aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence $50,000
fire damage and $1,000 medical expense for any one person. The policy shall be on an
"occurrence" basis, shall include contractual liability coverage and the City shall be named an
additional insured.
This insurance includes up to $10,000 expenses to extract pollutants from land or water at
the "premises" if the discharge, dispersal, seepage, migration, release, escape or emission of
the pollutants is caused by or results form a covered cause of loss.
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44.3 Commercial Automobile Liability insurance
Commercial Automobile Liability insurance covering all owned, non -owned and hired
automobiles with limits of at least $1,000,000 per accident. This insurance includes a cause
of loss where there is a spill of fuels and lubricants used in the vehicle for its operation.
44.4 Director's & Officers Insurance or Errors & Omissions
Director's & Officers Insurance or Errors & Omissions insurance providing coverage for
"wrongful act" any actual or alleged error, misstatement, misleading statement, act or
omission, neglect or breach of duty. The insurance policy provides $1,000,000 each
occurrence and $1,000,000 aggregate limit of liability for each year.
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the
Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor.
The Contractor shall control any special or unusual hazards and be responsible for any
damages that result from those hazards. The City does not represent that the insurance
requirements are sufficient to protect the Contractor's interest or provide adequate coverage
Evidence of coverage is to be provided on a City- approved Insurance Certificate. A thirty -
(30) date written notice is required if the policy is canceled, not renewed or materially
changed. The Contractor shall require any of its subcontractors to comply with these
provisions.
45. Transfer of interest
The Contractor shall not assign any interest in the contract, and shall not transfer any interest
in the contract, either by assignment or novation, without the prior written approval of the City.
The Contractor shall not subcontract any services under this contract without prior written
approval of the City. Failure to obtain such written approval by the City prior to any such
assignment or subcontract shall be grounds for immediate contract termination.
The Contractor currently subcontracts to provide service to old corrugated containers (OCC)
customers that require dumpster capacity. This subcontract is annual and the Contractor will
notify the City in writing if there is a change in providers.
46. Non - Assignability and Bankruptcy
The parties hereby agree that the Contractor shall have no right to assign or transfer its rights
and obligations under said agreement without written approval from the City. In the event, the
City its successors or assigns files for Bankruptcy as provided by federal law, this agreement
shall be immediately deemed null and void relieving all parties of their contract rights and
obligations.
47. Dispute resolution and arbitration procedures
The parties agree that any controversy or claim arising out of or relating to this agreement or
the breach thereof, shall be settled, at the option of the Contractor by arbitration in
accordance with the Rules of the American Association of Arbitration and judgment upon the
award by the Arbitrator(s) may be entered in any court with jurisdiction thereof.
48. Performance bond
This contract specifies requirements for a performance bond in the case of the Contractor's
failure to perform contracted services. The performance bond shall be an annual bond for
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$25,000 or whatever actual cost is incurred up to $25,000. The responsibility for renewal is
the responsibility of the Contractor.
49. General compliance
The Contractor agrees to comply with all applicable Federal, State and local laws and
regulations governing funds provided under this contract.
The Contractor pays its employees a prevailing wage based on the recycling industry in the
state of Minnesota and Hennepin County. The Contractor does not use temporary labor
arrangements to avoid paying a living wage. All of our employees, permanent and temporary,
receive a paycheck that meets or exceeds living wage standards. Additionally, the contractor
provides health insurance for all fulltime employees and a pro rata share for employees
working more than 20 hours but less than 40 hours a week.
50. Independent contractor
Nothing contained in this agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer /employee between the parties. The
Contractor shall at all times remain an independent Contractor with respect to the services to
be performed under this Contract. Any and all employees of Contractor or other persons
engaged in the performance of any work or services required by Contractor under this
Contract shall be considered employees or sub - contractors of the Contractor only and not of
the City; and any and all claims that might arise, including Worker's Compensation claims
under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf
of said employees or other persons while so engaged in any of the work or services provided
to be rendered herein, shall be the sole obligation and responsibility of Contractor.
51. Hold harmless
The Contractor agrees to defend, indemnify and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses, including
attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its
employees, its agents, or employees of subcontractors, in the performance of the services
provided by this contract, any resulting environmental liability that is a result of this contract or
by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations
under this contract. If a Contractor is a self- insured agency of the State of Minnesota, the
terms and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability
bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466
shall apply to other political subdivisions of the State of Minnesota.
52. Accounting standards
The Contractor agrees to maintain the necessary source documentation and enforce
sufficient internal controls as dictated by generally accepted accounting practices to properly
account for expenses incurred under this contract.
53. Retention of records
The Contractor shall retain all records pertinent to expenditures incurred under this contract
for a period of three years after the resolution of all audit findings. Records for non-
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expendable property acquired with funds under this contract shall be retained for three years
after final disposition of such property.
54. Data practices
The Contractor agrees to comply with the Minnesota Government Data Practices Act and all
other applicable state and federal laws relating to data privacy or confidentiality. The
Contractor must immediately report to the City any requests from third parties for information
relating to this Agreement. The City agrees to promptly respond to inquiries from the
Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and
employees harmless from any claims resulting from the Contractor's unlawful disclosure or
use of data protected under state and federal laws.
All Proposals shall be treated as non - public information until the proposals are opened for
review by the City. At that time the Proposals and their contents become public data under
the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13.
55. Inspection of records
All Contractor records with respect to any matters covered by this agreement shall be made
available to the City or its designees at any time during normal business hours, as often as
the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant
data.
56. Applicable law
The laws of the State of Minnesota shall govern all interpretations of this contract, and the
appropriate venue and jurisdiction for any litigation which may arise hereunder will be in
those courts located within the County of Ramsey, State of Minnesota, regardless of the
place of business, residence or incorporation of the Contractor.
57. Contract termination
The City may cancel the Contract if the Contractor fails to fulfill its obligations under the
Contract in a proper and timely manner, or otherwise violates the terms of the Contract if the
default has not been cured after 60 days written notice has been provided. The City shall pay
Contractor all compensation earned prior to the date of termination minus any damages and
costs incurred by the City as a result of the breach. If the contract is canceled or terminated,
all finished or unfinished documents, data, studies, surveys, maps, models, photographs,
reports or other materials prepared by the Contractor under this agreement shall, at the
option of the City, become the property of the City, and the Contractor shall be entitled to
receive just and equitable compensation for any satisfactory work completed on such
documents or materials prior to the termination.
58. Employee working conditions and Contractor's safety procedures
The Contractor will ensure adequate working conditions and safety procedures are in place to
comply with all applicable federal, state and local laws and regulations. The City reserves
the right to inspect on a random basis all trucks, equipment, facilities, working conditions,
training manuals, records of claims for Worker's Compensation or safety violations and
standard operating procedures documents.
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59. Contract amendments
Any amendments to this Agreement shall be valid only when reduced to writing, and duly
signed by the parties.
IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written.
The Neighborhood Recycling Corporation, Inc.
(D /B /A "Eureka Recycling "): City of Maplewood:
LIZZ
Chief Executive Officer
LIZZ
LIZZ
City Manager
LIZZ
Chief Operating Officer Mayor
APPROVED TO FORM
LIZZ
City Attorney
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Maplewood Recycling Work Plan
For the Period of November 2005 through December 2006
INTRODUCTION
This work plan shall serve as an amendment to recycling contract between the City of
Maplewood and Eureka Recycling. This work plan further details the services to be
provided by Eureka Recycling, especially specific public education tools.
Eureka has proposed, and the City has accepted the following major changes to the City's
curbside recycling program:
• New weekly service (instead of bi- weekly)
• Change of route "Tuesday district 2" to Friday
• Change in "holiday week" collection schedule (including limited collections on
Saturdays during specified "holiday weeks ")
• Adding beer and pop ( "wet strength ") boxboard
• Adding textiles
• Converting about 20 Multi - family dwelling (MFD) buildings from multi - family
recycling service to curbside recycling service (i.e., utilizing curbside bins instead
of multi - family recycling carts). Adopting a general rule that MFD buildings with
I I or more units will receive multi - family recycling service using carts and MFD
buildings with 10 or less units will receive curbside service using curbside bins.
• Change to Eureka— provided recycling service within the City's municipal
buildings
These major changes are addressed in this work plan.
1) CURBSIDE:
Why weekly?
Eureka Recycling is a mission - driven organization that has been the City of Saint Paul's
recycling partner for two decades. Together, Eureka has been working hard to improve
recycling in many ways. In 2001, Eureka Recycling conducted a 14 month study of
recycling collection methods to determine the best system for Saint Paul when
considering participation rates, economics, efficiency, materials recycled and
environmental benefit. The results led to several recommendations designed to
significantly increase the recycling rate in Saint Paul, while ensuring the program
remains cost effective and easy for people to use. In the study, two stream weekly
collection resulted in a 26.1% reduction in waste over the old source separated bi- weekly
method.
In April 2005, the City of St. Paul made the city -wide switch to weekly collection and
they have already seen a 20% recycling rate increase in five months. Eureka expects that
the annual mailing to every resident will result in a sustained 25% increase in recycling
over the period of the contract.
Timing
Collection routes are developed based on participation and volumes in various
neighborhoods. Developing efficient routes takes a lot of time and energy while
ensuring good customer service. Beginning our contract with weekly collection
allows for the efficient establishment of weekly routes from the start and will
maximize the environmental impact of recycling over the course of the contract.
• When switching collection methods and/or collection days, education is critical.
With either weekly or bi- weekly collection, some residents will have their
recycling days switched, so it makes sense to go to weekly now. By switching to
weekly collection the first year of the contract, Maplewood and Eureka Recycling
will make the most out of our investment in recycling education and minimize the
changes residents experience in their recycling program.
Will weekly collections require more trucks?
Weekly collections will require marginally more truck capacity to account for the
increase in materials collected. Just because each house is serviced twice as often doesn't
mean Eureka will need twice as many trucks. Since there are fewer stops and less
material to gather at each stop.
During the transition, Eureka does expect our trucks to be on the road for long days, so it
will be vitally important for residents to have their material at the curb by 7 a.m. and
leave it out all day. Working together with the City Eureka will educate residents.
Is weekly collection less efficient?
With weekly collection, Eureka expects our trucks to spend about the same amount of
time on the road. Here's why: Not everyone will choose to recycle every week, even
though the option is there. And, those that do recycle every week will have fewer
materials each time because they are spreading them out over more collection days. This
mean our trucks will spend about the same amount of time on the road since they will
have fewer stops and less material to gather at each stop.
Eureka does expect to use about 20% more fuel to collect weekly. However, with weekly
collection Eureka also expects to see the amount of materials that people recycle increase
by at least 15 %. The environmental benefits of recycling more materials far outweigh the
energy needed to collect each week. These include
• By recycling more materials, new materials do not need to be mined, like
petroleum for plastic bottles.
It is more energy - efficient to make new products from recycling materials than
from virgin materials. For example, it takes a lot less energy to make a glass
bottle from another glass bottle vs. mining silica.
• Eureka does use biodiesel in our trucks, which means we have reduced the
amount of petroleum -based fuel we use (see below) and significantly lower the
amount of pollution from our trucks.
What are the environmental impacts of having trucks on the roads weekly as
opposed to biweekly?
As with every decision we make about recycling programs, we carefully balance the cost,
convenience, and environmental impact of all the aspects. Because of the expected
increase in the amount of materials recycled (and the cleaner burning biodiesel we use in
our trucks) the net environmental impact of recycling every week are positive.
Why will recycling increase with weekly collection?
With weekly collection, if a resident misses a collection day, they only need to
hold materials for one week Now, when people miss their recycling day, they
have to store a month's worth of recycling. A lot of people don't have that kind of
room, and end up throwing away recyclables they don't have room to store. By
coming every week and giving people more room to store recycling, we are
malting it easier to keep the recycling out of the trash can.
• Weekly collection gives people more room to store bulkier items such as
cardboard and plastic bottles.
• Recycling bins aren't as heavy for people who spread out their recycling over
more collection day.
Biodiesel
We use a 20 percent biodiesel blend in our trucks.
• Biodiesel is a cleaner fuel made from soybeans that produces much less pollution
than regular diesel fuel, which is better for the health of our employees and the
families we serve.
• Biodiesel reduces harmful greenhouse gasses and particulates that contribute
to the growing asthma problems of children and the elderly. It cuts particulates
by 10 %, carbon monoxide by 11 % and hydrocarbons by 21 %.
• Biodiesel reduces our use of petroleum and it's sustainable. Eureka
Recycling's use of biodiesel will replace 12,000 gallons of petroleum -based fuel
with 216 acres of soybeans annually.
• Biodiesel isn't the answer to our pollution problems. But it's an important step
that we can take now until more efficient engines are available.
Regular diesel fuel gives off pollutants, which settle to the ground and stay in
neighborhoods. We chose biodiesel because we're in neighborhoods every day so we
want to do our part to protect the health of the community and our drivers. Our mission is
to pick up recycling because it's good for the environment, we don't want to leave behind
pollutants that aren't. Even though it's more expensive, we are able to fund this initiative
through the proceeds from the community's recycling program. We think that's well
worth it.
Operational Roll Out in the City of Maplewood
Collection methods and procedures will follow the general intent of the guidelines
outlined in the RFP and the specific requirements of the City — Eureka contract.
• There is currently no information on tons collected by district for the City, so to
the best of our knowledge we propose the following: Change Tuesday, District 2
to Friday. This will result in balancing out the number of houses collected each
week to 2500 except for Thursdays. We will initially use the additional capacity
of Thursdays to focus on Multi family recycling service and tonnage growth.
Route maps- Except for the Tuesday district 2 change noted above, we will use
the current district systems and collection days in Maplewood, with both the 1 and
2 districts of each day being collected weekly
Curbside Bins- We will work to assist Maplewood in locating a cost effective to
solution to ordering 14 to16 gallon bins.
Education
Eureka Recycling will focus the initial education on communicating to all residents about
changes in the recycling program and addressing the common, expected issues with the
goals of increasing participation and quality of materials set out at the curb.
Eureka Recycling will provide the following educational efforts to all Maplewood
Residents, starting January 1 2006.
• City -wide mailing with district specific information
• Corrective tagging, mailing and tracking
• Newsletter submission for all messages and changes
• Attendance at Environmental Committee meetings as desired by the City
• Answer all calls to the hotline about resident's questions or concerns with
recycling.
Specific Messages:
"Weekly Collection"
• The switch to weekly collection will be the main focus of the city -wide mailing.
• Eureka Recycling will put magnets on their trucks in Maplewood announcing
weekly collection
Eureka will send monthly reminder stickers in the city -wide mailing (comes with
textiles /holiday)
"Change Tuesday - District 2 to Friday"
(Specific to this district only; Approximately 2,400 households)
• The correct days and schedules will be promoted in the city wide mailing.
• A separate (district- specific), direct mailing will be sent to all residents in
December about the change
• Volunteers will be provided with lawn signs to remind their neighbors about the
day change
"Move multifamily units with less than 11 units to curbside"
• Eureka Recycling will add all eligible multifamily building to the city -wide
mailing list to ensure residents are properly educated on curbside collection.
• Direct mail to all residents about the change
"Addition oJ'Pop & Beer boxes and Textiles"
• Information will be included in the city -wide mailing
• Drivers will have corrective tags for materials prepared incorrectly
"At the curb by 7 a.m."
Because of new routes, residents may not be picked up at the same time they are
accustomed to. To avoid missed pickups, frustrated residents and decreased recycling
rates, the 7am message is key.
• The information will be highlighted in the city -wide mailing
• Eureka will have corrective tags for materials set out late
"Holiday Schedule"
There will be a new system for residents to get used to around holiday pick -ups. To
minimized confusion, Eureka Recycling will:
• Provide a newsletter notice prior to all holidays
• Highlight information in the city -wide mailing
Reminder holiday sticker with the city -wide mailing (w /textiles /weekly)
"Common problems: garbagelnot sorted"
• Corrective tagging, postcard mailing and data tracldng
• Additional optional education
o Extensive targeted outreach to repeat addresses, including custom letters,
one on one training, phone calls, etc.
Weekly Curbside Recycling Tonnage Projections
Curbside tonnage projections (in terms of pounds per household served) will be based on
15% increase first year, 2% increase each additional year.
2) MUTLI FAMILY RECYCLING
Operational Roll Out:
For over 10 years, Eureka Recycling has focused extensively on how to build an effective
multifamily recycling program. Most of the strategies are outlined in our multifamily
recycling toollcit and Eureka will follow this approach in Maplewood. Most important is
to set up each account individually to meet the unique needs and challenges of the
property. This requires significant time, but is well worth the investment in the long run.
The basic steps for each building include:
• Contacting the building owner or manager, making sure they buy into the program
and sign a recycling agreement. Maplewood's Multi - Family Recycling Ordinance
requires all mutli- family properties to offer recycling to their tenants.
• Each site is set up with the appropriate types of containers.
• All information is entered into our multifamily database.
• The account is monitored closely for the first three to six months to adjust to the
proper schedule and to address contamination and participation issues through the
proper education.
• Information on the amount and types of materials collected, any problems with the
site or contamination and any communication with the building managers are entered
into the database each collection day.
Eureka Recycling will follow the requirements outlined in the RFP for all buildings with
I f or more units.
Timing:
■ Current Account Transition
(November 2005 through June 2006)
o Beginning in November 2005, Eureka Recycling Staff will begin contacting
property owners that currently have City service, signing recycling
agreements and getting information into the database.
o Cart setups will occur in late December 2005 to prevent any disruption in
service.
o Close monitoring of setups and accounts will continue for the subsequent
three to six months and continued education will occur depending on need.
RESULTS: All current City serviced accounts will be set up by January 1 2006.
Eureka will monitor these sites to adjust for appropriate service level and apply
education as needed.
■ Preparation for outreach to buildings with less than 11 units
(starting November 2005)
o Eureka Recycling will work with the City to identify all multifamily buildings
with less than 11 units.
For buildings not currently receiving service, Eureka will contact them about
participating in the curbside recycling program add them to our curbside
mailing list.
For buildings currently receiving multi family recycling (i.e. cart service), we
will individually contact them about transitioning to curbside recycling
service. Eureka will provide appropriate education to the residents of these
buildings about the change.
RESULTS: More residents will have access to the more efficient curbside
recycling program. Currently served residents will receive proper notification by
January 1 st to continue recycling uninterrupted.
■ New Accounts
(starting June 2006)
Eureka Recycling will work with the City to prioritize and target outreach to
new buildings (including City buildings in Maplewood). This should be based
on geographic area.
• To allow the proper time to sustainably set up accounts, Eureka Recycling
will set up 8 to 10 new buildings each quarter based on the targeted list of
prioritized accounts compiled together with the City.
• Eureka Recycling will field calls from buildings that call to request service
and schedule their set up as part of the work above.
RESULTS: Eureka Recycling will work with the City to prioritize, recruit and add 8
to 10 new accounts per quarter in a sustainable manner until all MFD buildings are
served.
Education
i• ills IIWN-11•IIWA
Eureka Recycling will first focus on gathering information about buildings and properly
setting up multifamily carts at buildings with clear labels. Then, Eureka will annually
respond to the performance monitoring information we collect (tonnage, participation,
etc.) to target outreach.
• Labeling of carts
• Tracking of building information for future outreach
• Corrective postcards sent to un- serviceable accounts
• Newsletter submission about multifamily recycling
• Answer all calls to the hotline
• Distribution of fliers /posters to building management
• Current accounts (October 2005 -June 2006)
• Dumpster to Cart accounts (January 2006)
• New accounts (after June 2006: 8 -10 /quarter)
Projected Multi Family Recycling Tonnage Increases
Tonnage projections will be based on growth of service of 8 to 10 additional buildings
per quarter until all MFD buildings are served.
3) PERFORMANCE MONITORING
In efforts to determine appropriate education and operational decisions that will
maximize the recovery of materials and decrease contamination, Eureka Recycling will
track the details of collection in Maplewood.
Curbside:
o Eureka Recycling will track the total tons collected by daily route. This will
establish base line data to evaluate trends by area of the City.
o Once a year Eureka will do a participation (over a one month period) and set
out analysis for each daily route. This will involve tracking how many
households participate in recycling at least once a month and how many
households set out materials on average each week.
o Track number of "driver education tags" by day and by route.
Multifamily:
For each multi family building, Eureka will track the:
o Type of service: multi family recycling vs. curbside recycling (for buildings
with 10 or fewer units).
o Number of units per building.
o Amount of materials collected by type.
o Any contamination or customer service problems.
o Date and type of educational materials received at the property.
o Amounts and types of containers at the property.
Processing:
o Eureka will conduct an annual composition analysis by commodity.
Customer Service:
o Eureka will track compliments, complaints, missed pick -ups, late setouts,
contamination issues, and phone calls to evaluate our customer service efforts.
IN WITNESS WHEREOF, the parties have subscribed their names as of the date first
written.
The Neighborhood Recycling Corporation, Inc.
(D /B /A "Eureka Recycling "):
CS
Director of Business Development
Date
City of Maplewood:
C
City Environmental Manager
Date
10
Agenda Item K9
MEMORANDUM
TO: Richard Fursman, City Manager
FROM: Bruce K. Anderson, Director of Parks and Recreation
DATE: October 4, 2005 for the October 10 City Council Meeting
SUBJECT: Maplewood Heights Park Play System
INTRODUCTION
Maplewood Heights Park is a 24 -acre park located northeast of White Bear and Beam Avenues. The
park was acquired in 1969 and was initially purchased as a joint park and stormwater drainage area.
The site experienced major redevelopment in 1983. The site currently consists of walking and biking
trails, tennis courts and basketball area, stormwater drainage, off - street parking and a tot lot area.
- 7e[81:(rl:Zo1ll. U7
The tot lot was scheduled for replacement in the park development plan in 1999. Due to budget
limitations in the park development fund, the project was delayed.
The existing playground equipment has been removed by the park maintenance crew due to safety
issues. The equipment was in major need of repair and two of the pieces were recalled by the
manufacturer as they fail to meet current playground safety standards.
Enclosed is a proposal from Earl F. Andersen to replace the existing equipment with a new structure,
including a concrete border and minimal grading. The total cost for the new playground installation
would be $80,000.
The playground equipment would be purchased through U. S. Communities pricing, which will provide
the city a six percent cost saving and is part of the state bid contract.
Staff recommends that the funding for the Maplewood Heights Park play system be funded through
the park development fund pending a transfer of the existing Joy Park trail project monies totaling
$76,000 which was allocated in 2003. The Joy Park project will not be completed this year and the
monies could be utilized for the Maplewood Heights Park play system.
Should the city council approve the proposed plan, the play system will be installed and completed by
December 1, 2005.
RECOMMENDATION
Staff recommends that Earl F. Andersen be awarded the contract to purchase playground equipment
at Maplewood Heights Park through U.S. Communities at a cost of $52,223. The City Council also
establishes a budget of $76,000 for the Maplewood Heights project with monies re- allocated from the
park development fund for the Joy Park trail.
kh \play system. maplewood heights.parks- o.s- t..mem
Page: I
W4101
ENTERED BY: KIM
QUC)'1'E NUMt3ER. 0074725
QUCSI'E DATE: 9/29 %2405
Earl F Andersen
QUOTE TO:
CITY OF MAPLE4VOOD
1830ECORDB
FINANCE
MAPLEWOOD, !4N 55109
AT'TN:
PHONE: (65 1) 249 -2914
FAX
(651) 249 -2909
SHIP TO:
MAPLEWOOD PARK DEPT
1830 EAST COUNTY ROAD B
MAPLEWOOD MN 55109
QTY ITEM NO DESCRIPTION PRICE EACH LAT. PRICE
OPTION TWO
MAPLEWOOD HEIGHTS
1,00 PLAYGROUND LSI STRUCTURE W/ US COMMUNITIES PRICING
INCLUDES PLAYBOOSTER STRUCTURE WITH SPACENET
AND 4 PLACE SWING SET
1.00 INSTALLEQUIP INSTALLATION OF PLAY EQUIPMENT
INCLUDES CONCRETE FOR FOOTINGS
172.60 LEAWOOD FLA WOOD FIBER SURFACING SYSTEM
INCLUDES WOOD FIBER, FABRIC AND DRAIN
AGGREGATE, DELIVERFD'10 SITE
**MATERIALS ONLY - CITY TO INSTALL SURFACING
1.00 BORDER CONCRETE BORDER 6" X 18" X 296 LNFB'
190 GRADING GRADING ALLOWANCE -TO I 0 /a SLOPE
* ALLOWANCE FOR SITE GRADING
THIS PROPOSAL DOES NOT INCLUDE SITE RESTORATION
52,221.00 52,221.00
11,929.00 1 1,929,00
29.77 5,121.00
9.424.00 9,424.00
500.60 500.60
NOTE: This Quotation is valid for 30 days. Please call for confirmation after that date. Prices are NOT based SUBTOTAL S79,19
on prevailing wages. SHIPPING & H,ANDLING S408.00
DISCI AIJIF.R FOR I NKNOWN CONDITIONS: SALES TAX $359,39
This quotation is bete(] on the area being free of all debris such as, but no; linincd to the following: "coocmlc feotines or
blocks of any type *Dedresk or rocky conditions of any type, *Tree stumps, trees, cans, bellies. rectal or any other debrs. *Utilities
icclun Ing any boars to be dug by hand. 'ill area is not accessible to a bobcat and other equipnxxnt neccsary for installation. *lf watcr
exits in site area or footings after they are dug. *Or any mho unkuow!t eoribloins not listed or s siblo.
FOB: FACTORY
Shipment appiot. 3 -4 weeks upon receipt of order and subject to credit approva
Do you require a 24 -hour delivery notice? Q Yes = No
Approved by:
CONTRAC'I OR'TO CONFIRM ALL QUANTITIES Date
TOTAL $79,96239
9701 Penn Ave S, #1001 • Bloor un MN 55431 • Phone: 952- 884 -7300 • I -800- 862 -602b Fax: 952-884-5619
wwu.efa- mn.com • e- mail; parkan rcunfo >efa- nm.com OR trafll,ciltfo(wefa- nu) .corn
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Agenda K10
IMI:IM[a]:L1ki Bill MI
TO: Richard Fursman, City Manager
FROM: Bruce K. Anderson, Director of Parks and Recreation
DATE: October 4, 2005 for the October 10 City Council Meeting
SUBJECT: Deer Herd Reduction
INTRODUCTION
Managing the deer population in the city of Maplewood has been a significant public policy issue
for the city for both city staff and city policymakers for the past ten years. It is estimated that
there are between 2,000 and 2,500 deer in Ramsey County. In 2004 there were over 500
car /deer collisions in Ramsey County at an average cost of $4,000 per incident.
Ramsey County has been responsible for coordinating an archery hunt to reduce the deer
throughout the County including the cities of Maplewood and St. Paul for the past five years.
The archery hunt removed approximately 165 deer in 2004.
BACKGROUND
The city council has been actively involved in managing the Maplewood deer population for the
past ten years. The city has adopted an ordinance that bans the feeding of deer and has
supported the Ramsey County archery program both financially and philosophically for years.
The city of St. Paul requested that Ramsey County coordinate a sharpshooter program for
2005, which would reduce the deer population by 200 deer in southern Ramsey County.
Public bids were received and opened on September 28. Two formal bids were received. The
bids ranged from $235 to $265 per deer removed.
The cost for the sharpshooter program to reduce the herd by 200 will be split between the cities
of St. Paul and Maplewood. It is estimated that the cost to remove the 200 deer would be
$56,000. The cost would include removal of 200 deer, processing, and then forwarding the meat
(25,000 pounds) to Second Harvest Food Shelf for distribution.
The program would be managed by Ramsey County and the cities of St. Paul and Maplewood
would be held harmless. Insurance coverage would be provided by the firm selected by
Ramsey County. Ramsey County would manage the contract that would include removal of the
deer, processing, and distribution of the meat to Second Harvest Food Shelf.
It is currently estimated that there are 500 deer in southern Maplewood. By reducing the herd to
300, we would significantly cull the herd which could then be managed by the Ramsey County
archery program.
There currently is $107,000 in the city contingency fund and staff recommends that $28,000 be
allocated for Ramsey County to retain and manage a firm for sharpshooting to reduce the deer
population in southern Maplewood by 200 deer.
RECOMMENDATION
Staff recommends that the city retain Ramsey County to hire a management company to utilize
sharpshooters to reduce the deer herd in southern Maplewood, with the monies to be allocated
from the contingency fund not to exceed $28,000.
kh \deer herd mgmt 05.mem
TABULATION OF BID NUMBER U-PRK633-3
DEER RE% PROJECT
RAMSEY COUNTY PARKS
1311) OPENING DATE: September 28, 2005 -- BUYER: SUSAN FEUERFIERM
Unit Price Per Deer
Number ol'Addenda
09128105 bin
Critter Control DBA N.A.R.S
Craig Peterson
651-775-7092
Terms: Net 30
$235.00
Superior Wildlife Management Inc
Mercer I Englund
763-434-4878
Terms: Net 30
$265.00-Trap/Shoot - $240.00-
Sharp/Shoot
COUNTY ornxuoscv SAINT PAUL maMos/coumr/ REQUEST FOR BID
DIVISION OF CONTRACT S,ANALYSIS SERVICES
sm* CITY HALL COURT HOUSE
| |
CITY OF SAINT PAUL SAINT PAUL, MINNESOTA ss1ou N nsOuESTpon
( \ os�'mu�'&wow PRoPO8xL
THIS |mxnsQu ORDER. PLEASE RESPOND To EACH ITEM SEPARATELY Tx|Sp0mmMuSTos
COMPLETED IN INK OR TYPEWRITTEN.
i RESPONSES RECEIVED AFTER THIS TIME WILL NOT BE CONSIDERED
l I
08 DESTINATIONJZIP CODE
I
OPENING DATE AND TIME: September 28,2005 2:00 PM
— ---- — — — — --
u USA�
FN10- >U- PRK-633-3
E FEUERHERM
(651) 266
THIS |mxnsQu ORDER. PLEASE RESPOND To EACH ITEM SEPARATELY Tx|Sp0mmMuSTos
COMPLETED IN INK OR TYPEWRITTEN.
i RESPONSES RECEIVED AFTER THIS TIME WILL NOT BE CONSIDERED
l I
08 DESTINATIONJZIP CODE
I
OPENING DATE AND TIME: September 28,2005 2:00 PM
— ---- — — — — --
WARN AND DISCLAIMER: If you have received this document electronically, please note tha electronic document provided as a
convenience. m the event o{a discrepancy between electronic documents and the hard Copy mailed and/ distributed solicitation documents, including
addenda and attac the hard copy sothsta6on documents shall govem: The City of Saint Paul and Ramsey County assume no liability for the
completeness or accuracy of the electronic documents, and any use of such documents inconsistentwith this disclaimer shall be solely at the risk of the
This isu reques for pride, not ar orde Your response is your offer to ca or supply the items or service described below. Awaidswill be made to the
lowes responsible bidder or the most responsive proposal in accordance with the specifications, apphcable bonds and certificate of insurance and other
lerrms and conditions descr),bed in the specification must be submitted before you will be authorized to Commence work or delivery of products. This
response, the contract or purchase order, plus the plans and the sPecifcallons will constitute the Contract between the parties. (See page 2 for additional
terms and conditions,),
DESCRIPTION
Electronic copies of bids, quotes, RFP's and other solicitations are available only to subscribers to Contract and Analysis
Services Bid Information System (BIS). You can subscribe online at our website at Inbip.h/sorcc
Furnish labor and materi21s necessary to PROVIDE PROFESSIONAL DEER REDUCTION PROGRAM per specifications
dated September 2005 for the Ramsey County P2rRs and Recreation Department
Project Manager: John Moriarty, 651-748-2500
COUN
U. 10 DAYS
E Zip
|Pu ;pm,
prepara Instructions: Responses must be submitted on this form along with any other itififtimalion remicsted in specification. Quote lowest prices F.O.B.
1c,thration, no shipping charges added. Show unit prices extended to totals. Do not include Federal excise taxe in you response. Responses must be signed
aid submitted iuusealed envelope. The envelope should list the bid or proposal number, date of opening and be submitted to the Division of Contract and
Analysis Services, prior to date and hour shown on face of this document. Any communications on a bid or proposal should reference the bid or proposal
iu/nke/.
Bid Bond: A60-day bid bond iu the amount of 5% of the total amount of the contract, including options, most accompany bahvIrroposids of S50,O0Vormore,
Affirmative Action/Equal Opportunity Requirements: All vendors submitting bids or proposals tn Ramsey County must commit ,n nondiscrimination iu
vuudor's employment practices and frunish statement of commitment upon request. All vendors submitting bids or proposals to the City of Saint Paul must
-omply with the City's Affirmative Action Requirements in Employment, pursuant to Section 183.04 of the Saint Paul Legislative Code and the Rules
'hoverniuXAoinnmi,e Requirements iu Employment. 0o contracts of $50,000 or more, the apparent low bidder must submit for approval: 1) Affirmative
Action Pm0zun, and 2)GemcnU Compliance Reports, including short term and long term goals for the employment of minorities and females iuthe
-ououctor'x work force, before uu award b made and uo agreement signed.
3pooial Requiremems @/beulubvrio}ududedio8id:l)&caftibedoDlduvituathn8thut all claims for all work, labor performed, and materials furnished
iuve been fully paid will he required before final payment- 2) An affidavit of payment of withholding of income taxes is required in accordance with
Ninuzsoou Statutes, }986 Chapter 290. Forms for this purpose mr available ut the State Department of Taxation, Income Tax Division, =it must h*
-ompleted by all contractors and subcontractors before final payment is made. A cerifficate by the Commissioner of Taxation shall satisfy this requirement.
Section 290.97 also reads, 'No department of die State of Minnesota, nor my political or govermerent subdivision of the state shall make final settlement with
,o% coutrmtoruudorxoouo:nrequidoy/be employment of employees for wages by said contractor and by subcontractors until satisfactory showing iomade
b:,oaid contractor or subcontractor has complied with the provisions of Section 29&92_" 3) Ramsey County: "All contractors and subcontractors shall
�uouffouto the labor laws of the State of Minnesota, and all other laws, ordinances, and legal requirements affecting the work in Ricancy County and State of
\finnesota. The muninum wage rate per hour to be paid for each classification of work shall be unit wage rate in the locality of the project for those
,lassifications over which the unions have jurisdiction and the local prevailing nates for the classifications of work in localities over which the unions do not
iave jurisdiction.' 4) City of Saint Paul Administrative Code 82.07: "All contracts in the mount of Sl0 more hereinafter entered into for the purpose
3f performing any work for the City of Saint Paul involving either new construction work or repair work on any roads, bridges, sewers, streets, alley� parks,
Darkwuys, building o/ any other public works involving the improvement of public property, including the removal of public nuisances, shall be made upon
bc basis that the waiper paid to the occupational g roups utilized in such works shall not be less than die wages and fringes paid to comparable positions in the
duoib*d Civil Scn'icosystems.
(raurance Requirements: Stitisfactory proof of the existence and ceirriatic of insurance of the kinds and stated limits inthe specification wi/lhorequired
Vendors are requested to discuss this condition with their insurance agent before submitting a bid or proposal A Completed Certificate of Insurance imen be
nunmdm the Division of Couua*omd&uui>sis City 8WkCourl House, Saint Paul, IsfN 5 within 10working days of the receipt of tbcVcndo/
NotiOoubouLottec
Perfora Bonds: (CITY BIDS): Separate performance and payment bonds, each to cover the total value o[ this contract, may hr required i/the
'ootrmctiucludi and exceeds $75,000. (COUNTY B(D3)- Separate performance and pay mcot bonds, each to cover the total value of this contract, may
3c required if the contract includes labor and exceeds Sl5,N)0.The specification orXFP will outline what is specifically required for this project. d your offer
8�
o accepted, you will bo sent bond iunouhnnfor this contract. Only the lnu�pugcio our bond forms is acceptable. The completed bonds, with both"
:omracror and surety signatures, countersigned and notarized and the names and addresses of contractor and surety, must be returned /o the Division o[
:�ou/ruo/ and Anal) sis Services- 280 Ciry HaIYCourt House. Saint Paul 5� 102 within 10 working days of receipt of the Vendor Notification Letter.
Finauwial Interest Affidavit: 1) Si gnature on this form indicates compliance with the following: il<�mCootoStutuoe Section 383&2V1 —No 8umscyCowry
,fDcia\ord/oo[bciabd"yut',dok,oremy\nyeem`duncommininue,b/rtax'fbrfeited}uudsnrthecommisdnno's audoanomuv have a personal financial
itciest (1) in a contract, work. labor, or business to which the County is a party or in which it is or may be interested, 2) or in the fiinnisheiv an article to, or
-he purchase or sale of any real orpconnu| property hy the county, orof which the consideration, price, ^rexpernsebpa�nolcbxm the county �mxoz�..0
vio|udouof this s*miouis^�puo misdemeanor; ]> Soon Paul «&uiu�uoti,cCode, Ch^rr*24V3 permitted by law, oo city ofD:iai
,,cmployee shal|beupm?/toorbm/eudireotDnuudalinte/euiuuoyxzie,)omo.oroouunmwitb&oCity
Award Requirements Responses must remain open and subject /o acceptance until auuo mrdb finalized, o,u minimum of60 days following the date nfthe
)pcning. Awards will be made to the lowest responsible bidder or the most responshe proposal in accordance with the specifications. I he City and 8uonp
..ouuey reserve the right tn reject any o, all offers o/portions thereof.
Response Requirements: Failure to respond with required documentation within 10 workm du!'s may result iu the mvmd going to the next lowest responsible
mdde0nmnooe/ meeting specifications.
rzx Requirements: Minnesota Sum�uicl99V Section z97A-25 amended |992 require local g uo,eonueuts/o pay sales uxou many purchases, uptoI
uurimumof6.50N. Materials used in construction projects /uc also taxable, and the total bid price shall include all op»iicab|o sales tux
Audit Requirements: Pursuant to Chapter 6.351 of the Minnesota Statutes, the successful bidder or proposer comes to maintain all books, dno"m,urs,papers,
ncountaourd4uodo8erovidoucm(whetkeriuw6dugoro|eoumoicb000)peua(oiugmwodxpegbooeduudm,uSaiot Paul nrRmusey County Agreement in
mckuco:monrm will readily conform to the to= of the /\g7,omcnaand to make such mmebml available ut its vffium all reasonable times owing the
Agreement and UkarcuMounto six (6) years for audit o,iusneoiouhy the City, County, the Legislative Auditor orState Auditor.
Dear Sirs:
3154 229th Ave. V E
East Bethel. Mn 55005
Qffice Phone tt (763-434-8114)
Mercer Cell r ( -, 63-226-4468)
RickT Cell -1 (651-270-3821)
Superior Wildlife Management, Inc. wishes to share with you information about
our company and its owner operators Mercer and Rickv Enclund, SWM, Inc. has been
serving the twin cities metro area since our start up with the purchase of live traps and
miscellaneous equipment from Urban Wildlife in the spring of 1997. We enjoyed
working for Urban Wildlife and with their quitting the business. we felt we could change
a few things and do a better job of serving the communities of the metro area.S--fet% is
and alwalysyJ b-- our first objectivewidi even task undertaken, SWM, Inc. is constantly
...................... I ..... ..
working to improve its trap design- trapping techniques. baits and firearms usage. It is a
strong desire of SWM, Inc. to develop a good working relationship with the communities
we work with to serve their needs.
Now let us share with you a little about us the owner operators of SWIM, Inc.
Mercer Englund. President: A lifetime resident of Minnesota, (except for four years
service with the United States Army. ASA) a 10 year member of local fil 0 International
Sheet Metal Workers of America- a Firearms Safetv Instructor for the Minnesota DNR,
Former 18 year Council Member and council Chairman / Congregation President / Youth
Group Leader and Sunday school Superintendent.
Personal references:
Pastor Dave Keippela Pastor Wendell Johnson Pastor James Snow
6631 227th Ave. N.E. 3050 357 Ave. N.W. 729656 St. Francis Blvd.
Stacy. Mn. 55079 cambridue, Mn. 55008 St Francis, Mo. 55070
(651 462 -4163) (763-699-2677) (763-753-1230)
Ricky Englund. C.E-O: A life time resident of Minnesota. a 25 year member of Local 4
International Sheet Metals Workers of America, a Fireanns Safety Instructor for the
Minnesota DNR,
Personal references;
Wes Johnson
Vice President G.S.R. Real Estate Services
2259 139th lane N.E.
Ham Lake. Mn 55304
(763-757-2219)
(612-904-7846) work
Duev Erlin
14977 J*le St. N.W.
Andover. Mn. 55304
(763-434-6910)
(651 -653 -2551) work
(612-701-9368) cell
Superior Wildlife Management. Inc. wishes to thank you for your interest in our
company's services and look forward to working with you to serve your community's
needs in wildlife control.
RRJicky Englund
C.E.O. SW Inc,
5110 226th Ave, N_E_
East Bethel, Mn. 55005
7
Mercer Englundv
President, SWM. Inc.
3 154 229th Ave. N.E.
East Bethel- Mn. 55005
C7. 0,
3154 2291h Ave. T. F.
Fast Bethel Mn. 55005
Of
,fiee Phone 4 {763-434-8114)
Mercer Cell # ( 7 63-226-4468)
Ricky Cell' ('651 -27 0 -3821 )
Superior Wildlife Management is a family owned and operated business,
Ricky L. Englund
5 110 226th Ave.
East Bethel. Mn 55005
Duties:
CEO. Sales, Sales
Promotions, Shw:e-
shooter, Baiting,
Trap Tending, and
General Labor
Mercer 1. Englund
3154 229th Ave. N.E.
East Bethel. Mn 55005
Duties:
President. Sales, Office
Manager. Purchasing
.Officer, Safety Officer.
Animal Distribution
Coordinator,
Sharpshooter Baiting.
Trap - rending and General
Labor.
Desmond W. Englund
7081 Brian St.
Centerville. Mn 5508
Duties:
ShULrj,jshooter, Baiting
Trap Tending and
General Labor
Char Englund
5 1 10 226th Are.
East Bethel, Mn 55005
Duties:
Baiting, Trap Tending and
General Labor
Nicolas L Englund
5110 226m Ave.
East Bethel. ,Mn 55005
Duties:
Baiting. Trap T ending and
General Labor
Racticile L. Englund
3154 229th Ave. N.E.
East Bethel. Mn 55005
Duties:
Baiting. Trap Tending and
General Labor
Kristen N. Englund
3154 2"9th Ave. N.T.,
East Bethel, Mn 55005
Duties:
Railing. Trap T ending and
General Labor
Jonathan M. Englund
3154 229th Ave. N.E.
East Bethel, Mn 55005
Duties:
Baiting, Trap "Fending and
General Labor
1�� >t «�(- »� < - >��. _� »�•.
3154 229thAve. A'.E
East Bethel, Mn )5005
Qfjice Phone # (763- 434 -8114)
;L2ercer Cell tt (763- 226 -4468)
Rickv Cell n (6i 1-270-382 1)
Trap /Shoot SWM Inc. requires $265.10 per each Whitetail deer removed by this
method.
Sharp /Shoot SWM Inc. requires $240.00 per each Whitetail deer removed by this
method.
SWM Inc. is experienced in working within budget limits set by comminutes that we
work with, it is always our goal to accomplish your removal goal and stay within
budget. if the removal within your community goes well, we will work with you on
the pricing to stay within your project budget.
3 '154 2291h Ave, N.E.
East Bethel, Mn 55005
() ce Phone - (763-434-8114)
Mercer Cell 4(76-3-226-446$)
R icky Cell n (65 -2 '0 -3 821)
References:
City of Edina
l'ince Cockriel
Parks Superintendent
5146 Eden Ave.
Edina Mn 55436
ph: (95-
Cin of North Oaks
Mayor Tom Watson
100 Village Center Drive
St. Paul. Mn 55127
ph: (651)-490-165'3
0tv of Plymouth
Lowell Luebeck
Park Maintenance Supervisor
14900 23rd Ave. Nl.
Plymouth. Mn 5547-4707
ph: (612)-292-6854
I x I ",
(14/111 AY Y Iltyk ne/ r 66,
(An�A.
3 '154 2291h Ave, N.E.
East Bethel, Mn 55005
() ce Phone - (763-434-8114)
Mercer Cell 4(76-3-226-446$)
R icky Cell n (65 -2 '0 -3 821)
References:
City of Edina
l'ince Cockriel
Parks Superintendent
5146 Eden Ave.
Edina Mn 55436
ph: (95-
Cin of North Oaks
Mayor Tom Watson
100 Village Center Drive
St. Paul. Mn 55127
ph: (651)-490-165'3
0tv of Plymouth
Lowell Luebeck
Park Maintenance Supervisor
14900 23rd Ave. Nl.
Plymouth. Mn 5547-4707
ph: (612)-292-6854
I x I ",
WMEM
[2
List a minimum of three references for Government clients that are similar in size and
scope:
1 Name: 154 r,4 A
Phone number: C t
Scope of Work:
ncli�s
(I �
2. Name: � I
M
—0
Ramsey County
Division of Contract & Analysis Services
280 City Hall — Court House
St. Paul, MN 55102
ro Whom It Mav Concern
'We are pleased to submit a bid for the Professional Deer Reduction Program for Ramsey Count)
Per your request:
Key Personnel:
Michael Laughlin
Owner& President -
LauL Pest Control Co.. Inc. dba Critter Control & N.A,R.S, Nuisance Animal Removal
Service
Years in Business - I
Mr. Laughlin has developed, managed and directed a wide variety of pest management. animal
removal and deer management (reduction) programs over his 32 years in the pest management
industry.
Craig Peterson
General Manager -
Years in Business - 17
Mr, Peterson has worked in the pest management industry for over 17 years. Craig has trained
and supervised personnel in all facets of pest management, nuisance animal removal and deer
i (reduction) programs, Craig brings knowledge, technique, methodology and
practical experience to our Deer Management Programs. Craig has supervised, directed,
managed and worked each and every Deer management program N.A.R.S. has been involved
wi th.